
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1378]

 
                         TITLE 16--CONSERVATION
 
                  CHAPTER 31--MARINE MAMMAL PROTECTION
 
      SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
 
Sec. 1378. International program


(a) Duties of Secretary

    The Secretary, through the Secretary of State, shall--
        (1) initiate negotiations as soon as possible for the 
    development of bilateral or multilateral agreements with other 
    nations for the protection and conservation of all marine mammals 
    covered by this chapter;
        (2) initiate--
            (A) negotiations as soon as possible with all foreign 
        governments which are engaged in, or which have persons or 
        companies engaged in, commercial fishing operations which are 
        found by the Secretary to be unduly harmful to any species or 
        population stock of marine mammal, for the purpose of entering 
        into bilateral and multilateral treaties with such countries to 
        protect marine mammals, with the Secretary of State to prepare a 
        draft agenda relating to this matter for discussion at 
        appropriate international meetings and forums;
            (B) discussions with foreign governments whose vessels 
        harvest yellowfin tuna with purse seines in the eastern tropical 
        Pacific Ocean, for the purpose of concluding, through the Inter-
        American Tropical Tuna Commission or such other bilateral or 
        multilateral institutions as may be appropriate, international 
        arrangements for the conservation of marine mammals taken 
        incidentally in the course of harvesting such tuna, which should 
        include provisions for (i) cooperative research into alternative 
        methods of locating and catching yellowfin tuna which do not 
        involve the taking of marine mammals, (ii) cooperative research 
        on the status of affected marine mammal population stocks, (iii) 
        reliable monitoring of the number, rate, and species of marine 
        mammals taken by vessels of harvesting nations, (iv) limitations 
        on incidental take levels based upon the best scientific 
        information available, and (v) the use of the best marine mammal 
        safety techniques and equipment that are economically and 
        technologically practicable to reduce the incidental kill and 
        serious injury of marine mammals to insignificant levels 
        approaching a zero mortality and serious injury rate;
            (C) negotiations to revise the Convention for the 
        Establishment of an Inter-American Tropical Tuna Commission (1 
        U.S.T. 230; TIAS 2044) which will incorporate--
                (i) the conservation and management provisions agreed to 
            by the nations which have signed the Declaration of Panama 
            and in the Straddling Fish Stocks and Highly Migratory Fish 
            Stocks Agreement, as opened for signature on December 4, 
            1995; and
                (ii) a revised schedule of annual contributions to the 
            expenses of the Inter-American Tropical Tuna Commission that 
            is equitable to participating nations; and

            (D) discussions with those countries participating, or 
        likely to participate, in the International Dolphin Conservation 
        Program, for the purpose of identifying sources of funds needed 
        for research and other measures promoting effective protection 
        of dolphins, other marine species, and the marine ecosystem;

        (3) encourage such other agreements to promote the purposes of 
    this chapter with other nations for the protection of specific ocean 
    and land regions which are of special significance to the health and 
    stability of marine mammals;
        (4) initiate the amendment of any existing international treaty 
    for the protection and conservation of any species of marine mammal 
    to which the United States is a party in order to make such treaty 
    consistent with the purposes and policies of this chapter;
        (5) seek the convening of an international ministerial meeting 
    on marine mammals before July 1, 1973, for the purposes of (A) the 
    negotiation of a binding international convention for the protection 
    and conservation of all marine mammals, and (B) the implementation 
    of paragraph (3) of this section; and
        (6) provide to the Congress by not later than one year after 
    October 21, 1972, a full report on the results of his efforts under 
    this section.

(b) Consultations and studies concerning North Pacific fur seals

    (1) In addition to the foregoing, the Secretary shall--
        (A) in consultation with the Marine Mammal Commission 
    established by section 1401 of this title, undertake a study of the 
    North Pacific fur seals to determine whether herds of such seals 
    subject to the jurisdiction of the United States are presently at 
    their optimum sustainable population and what population trends are 
    evident; and
        (B) in consultation with the Secretary of State, promptly 
    undertake a comprehensive study of the provisions of this chapter, 
    as they relate to North Pacific fur seals, and the provisions of the 
    North Pacific Fur Seal Convention signed on February 9, 1957, as 
    extended (hereafter referred to in this subsection as the 
    ``Convention''), to determine what modifications, if any, should be 
    made to the provisions of the Convention, or of this chapter, or 
    both, to make the Convention and this chapter consistent with each 
    other.

The Secretary shall complete the studies required under this paragraph 
not later than one year after October 21, 1972, and shall immediately 
provide copies thereof to Congress.
    (2) If the Secretary finds--
        (A) as a result of the study required under paragraph (1)(A) of 
    this subsection, that the North Pacific fur seal herds are below 
    their optimum sustainable population and are not trending upward 
    toward such level, or have reached their optimum sustainable 
    population but are commencing a downward trend, and believes the 
    herds to be in danger of depletion; or
        (B) as a result of the study required under paragraph (1)(B) of 
    this subsection, that modifications of the Convention are desirable 
    to make it and this chapter consistent;

he shall, through the Secretary of State, immediately initiate 
negotiations to modify the Convention so as to (i) reduce or halt the 
taking of seals to the extent required to assure that such herds attain 
and remain at their optimum sustainable population, or (ii) make the 
Convention and this chapter consistent; or both, as the case may be. If 
negotiations to so modify the Convention are unsuccessful, the Secretary 
shall, through the Secretary of State, take such steps as may be 
necessary to continue the existing Convention beyond its present 
termination date so as to continue to protect and conserve the North 
Pacific fur seals and to prevent a return to pelagic sealing.

(c) Description of annual results of discussions; proposals for further 
        action

    The Secretary shall include a description of the annual results of 
discussions initiated and conducted pursuant to subsection (a)(2)(B) of 
this section, as well as any proposals for further action to achieve the 
purposes of that subsection, in the report required under section 
1373(f) of this title.

(Pub. L. 92-522, title I, Sec. 108, Oct. 21, 1972, 86 Stat. 1038; Pub. 
L. 100-711, Sec. 4(b), (c), Nov. 23, 1988, 102 Stat. 4766, 4767; Pub. L. 
105-42, Sec. 4(e), Aug. 15, 1997, 111 Stat. 1125.)


                               Amendments

    1997--Subsecs. (a)(2)(C), (D). Pub. L. 105-42 added subpars. (C) and 
(D).
    1988--Subsec. (a)(2). Pub. L. 100-711, Sec. 4(b), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``initiate 
negotiations as soon as possible with all foreign governments which are 
engaged in, or which have persons or companies engaged in, commercial 
fishing operations which are found by the Secretary to be unduly harmful 
to any species of marine mammal, for the purpose of entering into 
bilateral and multilateral treaties with such countries to protect 
marine mammals. The Secretary of State shall prepare a draft agenda 
relating to this matter for discussion at appropriate international 
meetings and forums;''.
    Subsec. (c). Pub. L. 100-711, Sec. 4(c), added subsec. (c).


                    Effective Date of 1997 Amendment

    For effective date of amendment by Pub. L. 105-42, see section 8 of 
Pub. L. 105-42, set out as a note under section 1362 of this title.
