Notes on 16 U.S.C. § 1361 : US Code - Notes

Search Notes on 16 U.S.C. § 1361 : US Code - Notes

(Pub. L. 92-522, Sec. 2, Oct. 21, 1972, 86 Stat. 1027; Pub. L. 97-
58, Sec. 1(b)(1), Oct. 9, 1981, 95 Stat. 979; Pub. L. 103-238,
Sec. 3, Apr. 30, 1994, 108 Stat. 532.)
AMENDMENTS
1994 - Par. (2). Pub. L. 103-238, Sec. 3(1), inserted "essential
habitats, including" after "made to protect".
Par. (5). Pub. L. 103-238, Sec. 3(2), inserted "and their
habitats" before "is therefore necessary" in concluding provisions.
1981 - Par. (6). Pub. L. 97-58 substituted "carrying capacity"
for "optimum carrying capacity".
EFFECTIVE DATE
Section 4 of Pub. L. 92-522 provided that: "The provisions of
this Act [enacting this chapter] shall take effect upon the
expiration of the sixty-day period following the date of its
enactment [Oct. 21, 1972]."
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-555, Sec. 1, Dec. 21, 2000, 114 Stat. 2765, provided
that: "This Act [enacting section 1421f-1 of this title, amending
sections 1362, 1421g, 1421h, 1433, 1434, 5101 to 5103, 5106, 5107a
to 5108, and 5156 of this title, enacting provisions set out as
notes under this section and sections 917a, 1433, 5101, and 5107 of
this title, and amending provisions set out as a note under section
1855 of this title] may be cited as the 'Striped Bass Conservation,
Atlantic Coastal Fisheries Management, and Marine Mammal Rescue
Assistance Act of 2000'."
Pub. L. 106-555, title II, Sec. 201, Dec. 21, 2000, 114 Stat.
2767, provided that: "This title [enacting section 1421f-1 of this
title, amending sections 1362, 1421g, 1421h, 1433, and 1434 of this
title, enacting provisions set out as notes under sections 917a and
1433 of this title, and amending provisions set out as a note under
section 1855 of this title] may be cited as the 'Marine Mammal
Rescue Assistance Act of 2000'."
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105-42, Sec. 1(a), Aug. 15, 1997, 111 Stat. 1122,
provided that: "This Act [enacting sections 962, 1412, 1413, 1414a
to 1416 of this title, amending sections 952, 953, 1362, 1371,
1374, 1378, 1380, 1385, 1411, and 1417 of this title, repealing
sections 1412 to 1416 and 1418 of this title, and enacting
provisions set out as notes under this section and section 1362 of
this title] may be cited as the 'International Dolphin Conservation
Program Act'."
SHORT TITLE OF 1994 AMENDMENT
Section 1 of Pub. L. 103-238 provided that: "This Act [enacting
sections 1386 to 1389 of this title, amending this section and
sections 1362, 1371, 1372, 1374, 1375, 1379, 1380, 1382 to 1384,
1407, 1421 to 1421h, and 4107 of this title, repealing sections
1384 and 1407 of this title, and enacting provisions set out as
notes under this section and sections 1362, 1374, 1538, and 1539 of
this title] may be cited as the 'Marine Mammal Protection Act
Amendments of 1994'."
SHORT TITLE OF 1992 AMENDMENTS
Pub. L. 102-587, title III, Sec. 3001, Nov. 4, 1992, 106 Stat.
5059, provided that: "This title [enacting subchapter V of this
chapter, amending sections 1362, 1372, 1379, and 1382 of this title
and section 183c of Title 46, Appendix, Shipping, and enacting
provisions set out as notes under sections 1421 and 1421a of this
title] may be cited as the 'Marine Mammal Health and Stranding
Response Act'."
Pub. L. 102-523, Sec. 1, Oct. 26, 1992, 106 Stat. 3425, provided
that: "This Act [enacting subchapter IV of this chapter and
amending sections 952, 953, 973r, and 1362 of this title] may be
cited as the 'International Dolphin Conservation Act of 1992'."
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-711, Sec. 1, Nov. 23, 1988, 102 Stat. 4755, provided:
"That this Act [enacting sections 1383a and 1383b of this title,
amending sections 1166, 1371, 1372, 1374, 1378 to 1380, 1384, 1402,
and 1407 of this title and section 1978 of Title 22, Foreign
Relations and Intercourse, enacting provisions set out as a note
under this section, and amending provisions set out as a note under
section 1384 of this title] may be cited as the 'Marine Mammal
Protection Act Amendments of 1988'."
SHORT TITLE
Section 1 of Pub. L. 92-522 provided in part that: "This Act
[enacting this chapter] may be cited as the 'Marine Mammal
Protection Act of 1972'."
REGULATIONS
Section 15(b) of Pub. L. 103-238 provided that: "Except as
provided otherwise in this Act [see Short Title of 1994 Amendment
note above], or the amendments to the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.) made by this Act, the Secretary of
Commerce or the Secretary of the Interior, as appropriate, shall,
after notice and opportunity for public comment, promulgate
regulations to implement this Act and the amendments made by this
Act by January 1, 1995."
PURPOSES AND FINDINGS
Pub. L. 105-42, Sec. 2, Aug. 15, 1997, 111 Stat. 1122, provided
that:
"(a) Purposes. - The purposes of this Act [see Short Title of
1997 Amendment note above] are -
"(1) to give effect to the Declaration of Panama, signed
October 4, 1995, by the Governments of Belize, Colombia, Costa
Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, the
United States of America, Vanuatu, and Venezuela, including the
establishment of the International Dolphin Conservation Program,
relating to the protection of dolphins and other species, and the
conservation and management of tuna in the eastern tropical
Pacific Ocean;
"(2) to recognize that nations fishing for tuna in the eastern
tropical Pacific Ocean have achieved significant reductions in
dolphin mortality associated with that fishery; and
"(3) to eliminate the ban on imports of tuna from those nations
that are in compliance with the International Dolphin
Conservation Program.
"(b) Findings. - The Congress finds that -
"(1) the nations that fish for tuna in the eastern tropical
Pacific Ocean have achieved significant reductions in dolphin
mortality associated with the purse seine fishery from hundreds
of thousands annually to fewer than 5,000 annually;
"(2) the provisions of the Marine Mammal Protection Act of 1972
[16 U.S.C. 1361 et seq.] that impose a ban on imports from
nations that fish for tuna in the eastern tropical Pacific Ocean
have served as an incentive to reduce dolphin mortalities;
"(3) tuna canners and processors of the United States have led
the canning and processing industry in promoting a dolphin-safe
tuna market; and
"(4) 12 signatory nations to the Declaration of Panama,
including the United States, agreed under that Declaration to
require that the total annual dolphin mortality in the purse
seine fishery for yellowfin tuna in the eastern tropical Pacific
Ocean not exceed 5,000 animals, with the objective of
progressively reducing dolphin mortality to a level approaching
zero through the setting of annual limits and with the goal of
eliminating dolphin mortality."
RELATIONSHIP OF MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1994 TO
OTHER LAW
Section 2(b) of Pub. L. 103-238 provided that: "Except as
otherwise expressly provided, nothing in this Act [see Short Title
of 1994 Amendment note above] is intended to amend, repeal, or
otherwise affect any other provision of law."
INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSISTENCE
Section 14 of Pub. L. 103-238 provided that: "Nothing in this Act
[see Short Title of 1994 Amendment note above], including any
amendments to the Marine Mammal Protection Act of 1972 [16 U.S.C.
1361 et seq.] made by this Act -
"(1) alters or is intended to alter any treaty between the
United States and one or more Indian tribes; or
"(2) affects or otherwise modifies the provisions of section
101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1371(b)), except as specifically provided in the amendment made
by section 4(b) of this Act [amending section 1371 of this
title]."
STUDY ON EFFECTS OF DOLPHIN FEEDING
Pub. L. 102-567, title III, Sec. 306, Oct. 29, 1992, 106 Stat.
4284, directed Secretary of Commerce to conduct a study in the
eastern Gulf of Mexico on the effects of feeding of noncaptive
dolphins by human beings, such study to be designed to detect any
behavior or diet modification resulting from this feeding and to
identify the effects, if any, of these modifications on the health
and well-being of the dolphins, directed Secretary to consult with
National Academy of Sciences and Marine Mammal Commission in design
and conduct of the study, and directed Secretary, within 18 months
after Oct. 29, 1992, to submit to Congress a report on results of
the study.
STUDY ON MORTALITY OF ATLANTIC DOLPHIN
Pub. L. 100-711, Sec. 7, Nov. 23, 1988, 102 Stat. 4771, directed
Secretary of Commerce to conduct a study regarding east coast
epidemic during 1987 and 1988 which caused substantial mortality
within North Atlantic coastal population of Atlantic bottle-nosed
dolphin, such study to examine (1) cause or causes of epidemic, (2)
effect of epidemic on coastal and offshore populations of Atlantic
bottle-nosed dolphin, (3) extent to which pollution may have
contributed to epidemic, (4) whether other species and populations
of marine mammals were affected by those factors which contributed
to epidemic, and (5) any other matters pertaining to causes and
effects of epidemic, with Secretary to submit on or before Jan. 1,
1989, to Committee on Commerce, Science, and Transportation of the
Senate and Committee on Merchant Marine and Fisheries of the House
of Representatives a plan for conducting the study.
INTERNATIONAL DISCUSSION TO ADVANCE UNDERSTANDING OF CETACEAN LIFE
Pub. L. 95-426, title VI, Sec. 602, Oct. 7, 1978, 92 Stat. 985,
provided that: "It is the sense of the Congress that the President
should convey to all countries having an interest in cetacean sea
life the serious concern of the Congress regarding the continuing
destruction of these marine mammals (highlighted by the recent
slaughter of dolphins in the Sea of Japan by Japanese fishermen)
and should encourage such countries -
"(1) to join in international discussions with other such
countries in order to advance general understanding of cetacean
life and thereby facilitate an effective use of the living marine
resources of the world which does not jeopardize the natural
balance of the aquatic environment;
"(2) to participate in an exchange of information with the
National Marine Fisheries Service of the United States Department
of Commerce, including cooperation in studies of -
"(A) the impact of cetaceans on ecologically related human
foodstuffs, and
"(B) alternative methods of dealing with cetacean problems as
they occur;
"(3) to cooperate in establishing an international cetacean
commission to advance understanding of cetacean life and to
insure the effective conservation and protection of cetaceans on
a global scale; and
"(4) to adopt comprehensive marine mammal protection
legislation."