16 U.S.C. § 1382

Regulations and administration

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(a) Consultation with Federal agencies

The Secretary, in consultation with any other Federal agency to the extent that such agency may be affected, shall prescribe such regulations as are necessary and appropriate to carry out the purposes of this subchapter.

(b) Cooperation by Federal agencies

Each Federal agency is authorized and directed to cooperate with the Secretary, in such manner as may be mutually agreeable, in carrying out the purposes of this subchapter.

The Secretary may enter into such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the purposes of this subchapter or subchapter V and on such terms as he deems appropriate with any Federal or State agency, public or private institution, or other person.

(d) Annual review; suspension of program

The Secretary shall review annually the operation of each program in which the United States participates involving the taking of marine mammals on lands. If at any time the Secretary finds that any such program cannot be administered on lands owned by the United States or in which the United States has an interest in a manner consistent with the purposes of 11 So in original. policies of this chapter, he shall suspend the operation of that program and shall include in the annual report to the public and the Congress required under section 1373(f) of this title his reasons for such suspension, together with recommendations for such legislation as he deems necessary and appropriate to resolve the problem.

(e) Measures to alleviate impacts on strategic stocks

If the Secretary determines, based on a stock assessment under section 1386 of this title or other significant new information obtained under this chapter, that impacts on rookeries, mating grounds, or other areas of similar ecological significance to marine mammals may be causing the decline or impeding the recovery of a strategic stock, the Secretary may develop and implement conservation or management measures to alleviate those impacts. Such measures shall be developed and implemented after consultation with the Marine Mammal Commission and the appropriate Federal agencies and after notice and opportunity for public comment.

(Pub. L. 92–522, title I, § 112, Oct. 21, 1972, 86 Stat. 1042; Pub. L. 96–470, title II, § 201(e), Oct. 19, 1980, 94 Stat. 2241; Pub. L. 102–587, title III, § 3004(a)(3), Nov. 4, 1992, 106 Stat. 5067; Pub. L. 103–238, §§ 7(a), 24(c)(11), Apr. 30, 1994, 108 Stat. 542, 566.)Editorial NotesAmendments

1994—Subsec. (c). Pub. L. 103–238, § 24(c)(11), made technical amendment to reference to subchapter V of this chapter to reflect renumbering of corresponding title of original act.

Subsec. (e). Pub. L. 103–238, § 7(a), added subsec. (e).

1992—Subsec. (c). Pub. L. 102–587 inserted “or subchapter V” after “of this subchapter”.

1980—Subsec. (d). Pub. L. 96–470 substituted “include in the annual report to the public and the Congress required under section 1373(f) of this title” for “forthwith submit to Congress”.

Statutory Notes and Related SubsidiariesEffective Date

Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title.

Notes of Decisions

Cited in 5 cases, 1986–2013 · leading case: Al-Bihani v. Obama, 619 F.3d 1 (D.C. Cir. 2010).

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Al-Bihani v. Obama, 619 F.3d 1 (D.C. Cir. 2010). · cites it 2× “§ 182 (a) (Secretary of Homeland Security "shall take such action as may be necessary and appropriate to insure that" the Coast Guard does not discriminate against women); 16 U.S.C. § 1382 (a) (Secretary of Commerce shall prescribe certain "necessary and appropriate"…”

Defenders of Wildlife v. Gutierrez, 532 F.3d 913 (D.C. Cir. 2008). “§ 1536 (a)(1), which requires the agency to utilize its authority to further the purposes of the ESA by carrying out programs to conserve the right whale, and section 1382(a) of the Marine Mammal Protection Act, 16 U.S.C. § 1382 . Am. Compl. ¶ 77. They asked the court to declare…”

Katelnikoff v. United States Dep't of the Interior, 657 F. Supp. 659 (D. Alaska 1986). · cites it 2× “Pursuant to the authority granted in 16 U.S.C. § 1382 , the Secretary of the Interior has promulgated regulations to implement the Act.”

United States v. Richard L. Clark, 912 F.2d 1087 (9th Cir. 1990). “16 U.S.C. § 1382 (a) provides the Secretary authority to “prescribe such regulations as are necessary and appropriate to carry out the purposes of this subchapter.”

Humane Soc'y v. Bryson, 924 F. Supp. 2d 1228 (D. Or. 2013). “16 U.S.C. § 1382 (a); see also id. § 1373(a) (empowering Secretary of Commerce to regulate the taking of marine mammals “as he deems necessary and appropriate to insure that such taking will not be to the disadvantage of those species and population stocks and will be consistent…”

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