PRIA, Government Policy, Made Personal

Summary

The Secretary must write rules and work with any federal agency that is affected to carry out the law. Other federal agencies must cooperate with the Secretary when they agree on how. The Secretary can make contracts, leases, or agreements with federal or state agencies, public or private groups, or other people as needed. The Secretary must review every year any program where the United States takes marine mammals on land. If a program cannot be run on land owned by or important to the United States in a way that meets the law’s goals, the Secretary must suspend it and explain the reasons and any suggested laws in the annual report to the public and Congress required under section 1373(f). If a stock assessment under section 1386 or other new information shows harm to rookeries, mating areas, or other important sites that may cause a strategic stock to decline or slow its recovery, the Secretary can make and use conservation or management steps to reduce those impacts. Those steps must be developed after consulting the Marine Mammal Commission and the right federal agencies and after public notice and a chance to comment.

Title 16, §1382

Conservation, Source: USLM XML via OLRC

(a)Consultation with Federal agencies

The Secretary, in consultation with any other Federal agency to the extent that such agency may be affected, shall prescribe such regulations as are necessary and appropriate to carry out the purposes of this subchapter.

(b)Cooperation by Federal agencies

Each Federal agency is authorized and directed to cooperate with the Secretary, in such manner as may be mutually agreeable, in carrying out the purposes of this subchapter.

(c)Contracts, leases, and cooperative agreements

The Secretary may enter into such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the purposes of this subchapter or subchapter V and on such terms as he deems appropriate with any Federal or State agency, public or private institution, or other person.

(d)Annual review; suspension of program

The Secretary shall review annually the operation of each program in which the United States participates involving the taking of marine mammals on lands. If at any time the Secretary finds that any such program cannot be administered on lands owned by the United States or in which the United States has an interest in a manner consistent with the purposes of policies of this chapter, he shall suspend the operation of that program and shall include in the annual report to the public and the Congress required under section 1373(f) of this title his reasons for such suspension, together with recommendations for such legislation as he deems necessary and appropriate to resolve the problem.

(e)Measures to alleviate impacts on strategic stocks

If the Secretary determines, based on a stock assessment under section 1386 of this title or other significant new information obtained under this chapter, that impacts on rookeries, mating grounds, or other areas of similar ecological significance to marine mammals may be causing the decline or impeding the recovery of a strategic stock, the Secretary may develop and implement conservation or management measures to alleviate those impacts. Such measures shall be developed and implemented after consultation with the Marine Mammal Commission and the appropriate Federal agencies and after notice and opportunity for public comment.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (c). Pub. L. 103–238, § 24(c)(11), made technical amendment to reference to subchapter V of this chapter to reflect renumbering of corresponding title of original act. Subsec. (e). Pub. L. 103–238, § 7(a), added subsec. (e). 1992—Subsec. (c). Pub. L. 102–587 inserted “or subchapter V” after “of this subchapter”. 1980—Subsec. (d). Pub. L. 96–470 substituted “include in the annual report to the public and the Congress required under section 1373(f) of this title” for “forthwith submit to Congress”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title.

§1382 Regulations and Administration