
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: 16USC1381]

 
                         TITLE 16--CONSERVATION
 
                  CHAPTER 31--MARINE MAMMAL PROTECTION
 
      SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
 
Sec. 1381. Commercial fisheries gear development


(a) Research and development program; report to Congress; authorization 
        of appropriations

    The Secretary of the department in which the National Oceanic and 
Atmospheric Administration is operating (hereafter referred to in this 
section as the ``Secretary'') is hereby authorized and directed to 
immediately undertake a program of research and development for the 
purpose of devising improved fishing methods and gear so as to reduce to 
the maximum extent practicable the incidental taking of marine mammals 
in connection with commercial fishing. At the end of the full twenty-
four calendar month period following October 21, 1972, the Secretary 
shall deliver his report in writing to the Congress with respect to the 
results of such research and development. For the purposes of this 
section, there is hereby authorized to be appropriated the sum of 
$1,000,000 for the fiscal year ending June 30, 1973, and the same amount 
for the next fiscal year. Funds appropriated for this section shall 
remain available until expended.

(b) Reduction of level of taking of marine mammals incidental to 
        commercial fishing operations

    The Secretary, after consultation with the Marine Mammal Commission, 
is authorized and directed to issue, as soon as practicable, such 
regulations, covering the twenty-four-month period referred to in 
section 1371(a)(2) of this title, as he deems necessary or advisable, to 
reduce to the lowest practicable level the taking of marine mammals 
incidental to commercial fishing operations. Such regulations shall be 
adopted pursuant to section 553 of title 5. In issuing such regulations, 
the Secretary shall take into account the results of any scientific 
research under subsection (a) of this section and, in each case, shall 
provide a reasonable time not exceeding four months for the persons 
affected to implement such regulations.

(c) Reduction of level of taking of marine mammals in tuna fishery

    Additionally, the Secretary and Secretary of State are directed to 
commence negotiations within the Inter-American Tropical Tuna Commission 
in order to effect essential compliance with the regulatory provisions 
of this chapter so as to reduce to the maximum extent feasible the 
incidental taking of marine mammals by vessels involved in the tuna 
fishery. The Secretary and Secretary of State are further directed to 
request the Director of Investigations of the Inter-American Tropical 
Tuna Commission to make recommendations to all member nations of the 
Commission as soon as is practicable as to the utilization of methods 
and gear devised under subsection (a) of this section.

(d) Research and observation

    Furthermore, after timely notice and during the period of research 
provided in this section, duly authorized agents of the Secretary are 
hereby empowered to board and to accompany any commercial fishing vessel 
documented under the laws of the United States, there being space 
available, on a regular fishing trip for the purpose of conducting 
research or observing operations in regard to the development of 
improved fishing methods and gear as authorized by this section. Such 
research and observation shall be carried out in such manner as to 
minimize interference with fishing operations. The Secretary shall 
provide for the cost of quartering and maintaining such agents. No 
master, operator, or owner of such a vessel shall impair or in any way 
interfere with the research or observation being carried out by agents 
of the Secretary pursuant to this section.

(Pub. L. 92-522, title I, Sec. 111, Oct. 21, 1972, 86 Stat. 1041.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1371, 1372 of this title.
