
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1380]

 
                         TITLE 16--CONSERVATION
 
                  CHAPTER 31--MARINE MAMMAL PROTECTION
 
      SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
 
Sec. 1380. Marine mammal research grants


(a) Authorization; research concerning yellowfin tuna; annual report

    The Secretary is authorized to make grants, or to provide financial 
assistance in such other form as he deems appropriate, to any Federal or 
State agency, public or private institution, or other person for the 
purpose of assisting such agency, institution, or person to undertake 
research in subjects which are relevant to the protection and 
conservation of marine mammals. In carrying out this subsection, the 
Secretary shall undertake a program of, and shall provide financial 
assistance for, research into new methods of locating and catching 
yellowfin tuna without the incidental taking of marine mammals. The 
Secretary shall include a description of the annual results of research 
carried out under this section in the report required under section 
1373(f) of this title.

(b) Terms and conditions

    Any grant or other financial assistance provided by the Secretary 
pursuant to this section shall be subject to such terms and conditions 
as the Secretary deems necessary to protect the interests of the United 
States and shall be made after review by the Marine Mammal Commission.

(c) Gulf of Maine ecosystem protection

    (1) No later than 1 year after April 30, 1994, the Secretary of 
Commerce shall convene a regional workshop for the Gulf of Maine to 
assess human-caused factors affecting the health and stability of that 
marine ecosystem, of which marine mammals are a part. The workshop shall 
be conducted in consultation with the Marine Mammal Commission, the 
adjacent coastal States, individuals with expertise in marine mammal 
biology and ecology, representatives from environmental organizations, 
the fishing industry, and other appropriate persons. The goal of the 
workshop shall be to identify such factors, and to recommend a program 
of research and management to restore or maintain that marine ecosystem 
and its key components that--
        (A) protects and encourages marine mammals to develop to the 
    greatest extent feasible commensurate with sound policies of 
    resource management;
        (B) has as the primary management objective the maintenance of 
    the health and stability of the marine ecosystems;
        (C) ensures the fullest possible range of management options for 
    future generations; and
        (D) permits nonwasteful, environmentally sound development of 
    renewable and nonrenewable resources.

    (2) On or before December 31, 1995, the Secretary of Commerce shall 
submit to the Committee on Merchant Marine and Fisheries of the House of 
Representatives and the Committee on Commerce, Science and 
Transportation of the Senate a report containing the results of the 
workshop under this subsection, proposed regulatory or research actions, 
and recommended legislative action.

(d) Bering Sea ecosystem protection

    (1) The Secretary of Commerce, in consultation with the Secretary of 
the Interior, the Marine Mammal Commission, the State of Alaska, and 
Alaska Native organizations, shall, not later than 180 days after April 
30, 1994, undertake a scientific research program to monitor the health 
and stability of the Bering Sea marine ecosystem and to resolve 
uncertainties concerning the causes of population declines of marine 
mammals, sea birds, and other living resources of that marine ecosystem. 
The program shall address the research recommendations developed by 
previous workshops on Bering Sea living marine resources, and shall 
include research on subsistence uses of such resources and ways to 
provide for the continued opportunity for such uses.
    (2) To the maximum extent practicable, the research program 
undertaken pursuant to paragraph (1) shall be conducted in Alaska. The 
Secretary of Commerce shall utilize, where appropriate, traditional 
local knowledge and may contract with a qualified Alaska Native 
organization to conduct such research.
    (3) The Secretary of Commerce, the Secretary of the Interior, and 
the Commission shall address the status and findings of the research 
program in their annual reports to Congress required by sections 1373(f) 
and 1404 of this title.\1\
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    \1\ See References in Text note below.
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(Pub. L. 92-522, title I, Sec. 110, Oct. 21, 1972, 86 Stat. 1041; Pub. 
L. 95-136, Sec. 1, Oct. 18, 1977, 91 Stat. 1167; Pub. L. 95-316, Sec. 2, 
July 10, 1978, 92 Stat. 380; Pub. L. 97-58, Sec. 5, Oct. 9, 1981, 95 
Stat. 986; Pub. L. 100-711, Sec. 4(e), Nov. 23, 1988, 102 Stat. 4768; 
Pub. L. 103-238, Sec. 20, Apr. 30, 1994, 108 Stat. 560; Pub. L. 105-42, 
Sec. 4(f), Aug. 15, 1997, 111 Stat. 1125.)

                       References in Text

    Provisions of section 1373(f) of this title requiring annual reports 
to Congress, referred to in subsec. (d)(3), terminated, effective May 
15, 2000. See Termination of Reporting Requirements note set out under 
section 1373 of this title.
    Section 1404 of this title, referred to in subsec. (d)(3), was 
omitted from the Code.


                               Amendments

    1997--Subsec. (a). Pub. L. 105-42 struck out ``(1)'' before ``The 
Secretary is authorized'' and struck out par. (2) which read as follows: 
``For purposes of identifying appropriate research into promising new 
methods of locating and catching yellowfin tuna without the incidental 
taking of marine mammals, the Secretary shall contract for an 
independent review of information pertaining to such potential 
alternative methods to be conducted by the National Academy of Sciences 
with individuals having scientific, technical, or other expertise that 
may be relevant to the identification of promising alternative fishing 
techniques. The Secretary shall request that the independent review be 
submitted to the Secretary on or before September 8, 1989, and the 
Secretary shall submit the report of the independent review, together 
with a proposed plan for research, development, and implementation of 
alternative fishing techniques, to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Merchant Marine 
and Fisheries of the House of Representatives on or before December 5, 
1989.''
    1994--Subsecs. (c), (d). Pub. L. 103-238 added subsecs. (c) and (d) 
and struck out former subsec. (c) which authorized appropriations to be 
made available to the Secretary of Commerce and the Secretary of the 
Interior for purposes of carrying out this section for fiscal year 
ending June 30, 1973, to fiscal year ending Sept. 30, 1981.
    1988--Subsec. (a). Pub. L. 100-711 designated existing provisions as 
par. (1) and added par. (2).
    1981--Subsec. (a). Pub. L. 97-58 directed the Secretary to undertake 
a program of research into new methods of locating and catching 
yellowfin tuna without the incidental taking of marine mammals and 
directed that the Secretary include a description of the annual results 
of that research in the report required under section 1373(f) of this 
title.
    1978--Subsec. (c)(4) to (6). Pub. L. 95-316 added pars. (4) to (6).
    1977--Subsec. (c). Pub. L. 95-136 incorporated existing provisions 
into text preceding par. (1) and, as so incorporated, struck out 
provisions authorizing to be appropriated such sums as may be necessary 
to carry out this section for the fiscal year in which this section 
takes effect and the next four years thereafter, limiting appropriations 
for any one year to $2,500,000, and requiring that one-third of such 
sums be made available to the Secretary of the Interior and two-thirds 
of such sums be made available to the Secretary of the department in 
which the National Oceanic and Atmospheric Administration is operating, 
and added pars. (1) to (3).


                    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.

      Abolition of House Committee on Merchant Marine and Fisheries

    Committee on Merchant Marine and Fisheries of House of 
Representatives abolished and its jurisdiction transferred by House 
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For 
treatment of references to Committee on Merchant Marine and Fisheries, 
see section 1(b)(3) of Pub. L. 104-14, set out as a note preceding 
section 21 of Title 2, The Congress.
