Title 16ConservationRelease 119-73not60

§1414a Research

Title 16 › Chapter 31— MARINE MAMMAL PROTECTION › Subchapter IV— INTERNATIONAL DOLPHIN CONSERVATION PROGRAM › § 1414a

Last updated Apr 5, 2026|Official source

Summary

The Secretary must study how deliberately surrounding and chasing dolphins during purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean affects dolphins and dolphin populations. The study starts on October 1, 1997 and includes population surveys in 1998, 1999, and 2000 and stress studies. The stress work includes a review of stress research and three years of necropsy (post‑mortem) samples from dolphins taken by commercial vessels, one year of historical demographic and biological data review, and an experiment that repeatedly chases and captures dolphins by intentional encirclement. The Secretary must send a report with the results to the named Congressional committees and to the Inter‑American Tropical Tuna Commission no later than 90 days after the finding called for under subsection (g)(2) of section 1385. The Secretary must also, with the Marine Mammal Commission and cooperating nations in the International Dolphin Conservation Program and the Inter‑American Tropical Tuna Commission, do or fund research to meet that program’s goals. That research can cover things like new fishing methods and gear to cut or stop accidental dolphin deaths and serious injuries; ways to catch mature yellowfin without setting nets on dolphins; stock assessments for marine mammals taken by the fishery (including outside U.S. waters); and studies of how often, where, and with what effect non‑target species (including juvenile tuna) are taken. Congress authorized funding of $4,000,000 for fiscal year 1998, $3,000,000 for fiscal year 1999, $4,000,000 for fiscal year 2000, and $1,000,000 for fiscal year 2001 for the subsection (a) research, plus an additional $3,000,000 for each of those four fiscal years to carry out the section.

Full Legal Text

Title 16, §1414a

Conservation — Source: USLM XML via OLRC

(a)(1)The Secretary shall, in consultation with the Marine Mammal Commission and the Inter-American Tropical Tuna Commission, conduct a study of the effect of intentional encirclement (including chase) on dolphins and dolphin stocks incidentally taken in the course of purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean. The study, which shall commence on October 1, 1997, shall consist of abundance surveys as described in paragraph (2) and stress studies as described in paragraph (3), and shall address the question of whether such encirclement is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean.
(2)The abundance surveys under this subsection shall survey the abundance of such depleted stocks and shall be conducted during each of the calendar years 1998, 1999, and 2000.
(3)The stress studies under this subsection shall include—
(A)a review of relevant stress-related research and a 3-year series of necropsy samples from dolphins obtained by commercial vessels;
(B)a 1-year review of relevant historical demographic and biological data related to dolphins and dolphin stocks referred to in paragraph (1); and
(C)an experiment involving the repeated chasing and capturing of dolphins by means of intentional encirclement.
(4)No later than 90 days after publishing the finding under subsection (g)(2) of section 1385 of this title, the Secretary shall complete and submit a report containing the results of the research described in this subsection to the United States Senate Committee on Commerce, Science, and Transportation and the United States House of Representatives Committees on Resources and on Commerce, and to the Inter-American Tropical Tuna Commission.
(b)(1)In addition to conducting the research described in subsection (a), the Secretary shall, in consultation with the Marine Mammal Commission and in cooperation with the nations participating in the International Dolphin Conservation Program and the Inter-American Tropical Tuna Commission, undertake or support appropriate scientific research to further the goals of the International Dolphin Conservation Program.
(2)Research carried out under paragraph (1) may include—
(A)projects to devise cost-effective fishing methods and gear so as to reduce, with the goal of eliminating, the incidental mortality and serious injury of marine mammals in connection with commercial purse seine fishing in the eastern tropical Pacific Ocean;
(B)projects to develop cost-effective methods of fishing for mature yellowfin tuna without setting nets on dolphins or other marine mammals;
(C)projects to carry out stock assessments for those marine mammal species and marine mammal stocks taken in the purse seine fishery for yellowfin tuna in the eastern tropical Pacific Ocean, including species or stocks not within waters under the jurisdiction of the United States; and
(D)projects to determine the extent to which the incidental take of nontarget species, including juvenile tuna, occurs in the course of purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, the geographic location of the incidental take, and the impact of that incidental take on tuna stocks and nontarget species.
(c)(1)There are authorized to be appropriated to the Secretary the following amounts, to be used by the Secretary to carry out the research described in subsection (a):
(A)$4,000,000 for fiscal year 1998.
(B)$3,000,000 for fiscal year 1999.
(C)$4,000,000 for fiscal year 2000.
(D)$1,000,000 for fiscal year 2001.
(2)In addition to the amount authorized to be appropriated under paragraph (1), there are authorized to be appropriated to the Secretary for carrying out this section $3,000,000 for each of the fiscal years 1998, 1999, 2000, and 2001.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 304 of Pub. L. 92–522 was classified to section 1414 of this title prior to repeal by Pub. L. 105–42.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Reference

Citations & Metadata

Citation

16 U.S.C. § 1414a

Title 16Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60