U.S. Code » Title 16 » Chapter CHAPTER 31— MARINE MAMMAL PROTECTION › Subchapter SUBCHAPTER IV— INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

16 U.S.C. § 1414a

Research

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(a) Required research(1) In general

The Secretary shall, in consultation with the Marine Mammal Commission and the Inter-American Tropical Tuna Commission, conduct a study of the effect of intentional encirclement (including chase) on dolphins and dolphin stocks incidentally taken in the course of purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean. The study, which shall commence on October 1, 1997, shall consist of abundance surveys as described in paragraph (2) and stress studies as described in paragraph (3), and shall address the question of whether such encirclement is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean.

(2) Population abundance surveys

The abundance surveys under this subsection shall survey the abundance of such depleted stocks and shall be conducted during each of the calendar years 1998, 1999, and 2000.

(3) Stress studiesThe stress studies under this subsection shall include—(A) a review of relevant stress-related research and a 3-year series of necropsy samples from dolphins obtained by commercial vessels;(B) a 1-year review of relevant historical demographic and biological data related to dolphins and dolphin stocks referred to in paragraph (1); and(C) an experiment involving the repeated chasing and capturing of dolphins by means of intentional encirclement.(4) Report

No later than 90 days after publishing the finding under subsection (g)(2) of section 1385 of this title, the Secretary shall complete and submit a report containing the results of the research described in this subsection to the United States Senate Committee on Commerce, Science, and Transportation and the United States House of Representatives Committees on Resources and on Commerce, and to the Inter-American Tropical Tuna Commission.

(b) Other research(1) In general

In addition to conducting the research described in subsection (a), the Secretary shall, in consultation with the Marine Mammal Commission and in cooperation with the nations participating in the International Dolphin Conservation Program and the Inter-American Tropical Tuna Commission, undertake or support appropriate scientific research to further the goals of the International Dolphin Conservation Program.

(2) Specific areas of researchResearch carried out under paragraph (1) may include—(A) projects to devise cost-effective fishing methods and gear so as to reduce, with the goal of eliminating, the incidental mortality and serious injury of marine mammals in connection with commercial purse seine fishing in the eastern tropical Pacific Ocean;(B) projects to develop cost-effective methods of fishing for mature yellowfin tuna without setting nets on dolphins or other marine mammals;(C) projects to carry out stock assessments for those marine mammal species and marine mammal stocks taken in the purse seine fishery for yellowfin tuna in the eastern tropical Pacific Ocean, including species or stocks not within waters under the jurisdiction of the United States; and(D) projects to determine the extent to which the incidental take of nontarget species, including juvenile tuna, occurs in the course of purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, the geographic location of the incidental take, and the impact of that incidental take on tuna stocks and nontarget species.(c) Authorization of appropriations(1) There are authorized to be appropriated to the Secretary the following amounts, to be used by the Secretary to carry out the research described in subsection (a):(A) $4,000,000 for fiscal year 1998.(B) $3,000,000 for fiscal year 1999.(C) $4,000,000 for fiscal year 2000.(D) $1,000,000 for fiscal year 2001.(2) In addition to the amount authorized to be appropriated under paragraph (1), there are authorized to be appropriated to the Secretary for carrying out this section $3,000,000 for each of the fiscal years 1998, 1999, 2000, and 2001.(Pub. L. 92–522, title III, § 304, as added Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1133.)Editorial NotesPrior Provisions

A prior section 304 of Pub. L. 92–522 was classified to section 1414 of this title prior to repeal by Pub. L. 105–42.

Statutory Notes and Related SubsidiariesChange of Name

Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Notes of Decisions
Cited in 8 cases, 2000–2007 · leading case: Earth Island Inst. v. Hogarth, 494 F.3d 757 (9th Cir. 2007).
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Earth Island Inst. v. Hogarth, 494 F.3d 757 (9th Cir. 2007). · cites it 9× “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
Brower v. Daley, 93 F. Supp. 2d 1071 (N.D. Cal. 2000). · cites it 5× “16 U.S.C. § 1414a (amending the MMPA). Congress then detailed the specific stress studies that the Secretary was required to undertake in paragraph (3): The stress studies [required above] shall include— (A) a review of relevant stress-related research and a 3-year series of…”
Brower v. Evans, 257 F.3d 1058 (9th Cir. 2001). · cites it 3× “Congress mandated that the agency make an Initial Finding on the basis of the specific research prescribed in 16 U.S.C. § 1414a, including stress studies.”
Defenders of Wildlife v. Hogarth, 177 F. Supp. 2d 1336 (Ct. Intl. Trade 2001). “” 16 U.S.C. § 1414a(a)(l). The Report was to “address the question of whether such encirclement is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean.”
Earth Island Inst. v. Evans, 256 F. Supp. 2d 1064 (N.D. Cal. 2003). · cites it 2× “” 16 U.S.C. § 1414a(a)(3)(A). Since Congress left the methodology and implementation of the stress studies to the discretion of the NOAA, defendants argue, the Court should find that the Secretary discharged his obligation under the statute to complete the necropsy study.”
Earth Island Inst. v. Gutierrez, 484 F.3d 1123 (9th Cir. 2007). · cites it 9× “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
Defenders of Wildlife, Earth Island Inst. v. Hogarth, 330 F.3d 1358 (Fed. Cir. 2003). “” 16 U.S.C. § 1414a(a)(l) & (4). On March 25, 1999, NMFS submitted a report (“1999 Report”) to Congress.”
Earth Island Inst. v. Hogarth (9th Cir. 2007). · cites it 8× “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
— 16 U.S.C. § 1414a(8) — 1 case
Brower v. Daley, 93 F. Supp. 2d 1071 (N.D. Cal. 2000). “16 U.S.C. § 1414a (amending the MMPA). Congress then detailed the specific stress studies that the Secretary was required to undertake in paragraph (3): The stress studies [required above] shall include— (A) a review of relevant stress-related research and a 3-year series of…”
— 16 U.S.C. § 1414a(a) — 4 cases
Earth Island Inst. v. Hogarth, 494 F.3d 757 (9th Cir. 2007). “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
Brower v. Evans, 257 F.3d 1058 (9th Cir. 2001). “Congress mandated that the agency make an Initial Finding on the basis of the specific research prescribed in 16 U.S.C. § 1414a, including stress studies.”
Earth Island Inst. v. Gutierrez, 484 F.3d 1123 (9th Cir. 2007). “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
Earth Island Inst. v. Hogarth (9th Cir. 2007). “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
— 16 U.S.C. § 1414a(a)(1) — 1 case
Earth Island Inst. v. Hogarth (9th Cir. 2007). “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
— 16 U.S.C. § 1414a(a)(1)(3)(B) — 1 case
Earth Island Inst. v. Hogarth (9th Cir. 2007). “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
— 16 U.S.C. § 1414a(a)(3) — 3 cases
Earth Island Inst. v. Hogarth, 494 F.3d 757 (9th Cir. 2007). “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
Earth Island Inst. v. Gutierrez, 484 F.3d 1123 (9th Cir. 2007). “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
Earth Island Inst. v. Hogarth (9th Cir. 2007). “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
— 16 U.S.C. § 1414a(a)(3)(A) — 1 case
Earth Island Inst. v. Evans, 256 F. Supp. 2d 1064 (N.D. Cal. 2003). “” 16 U.S.C. § 1414a(a)(3)(A). Since Congress left the methodology and implementation of the stress studies to the discretion of the NOAA, defendants argue, the Court should find that the Secretary discharged his obligation under the statute to complete the necropsy study.”
— 16 U.S.C. § 1414a(a)(l) — 5 cases
Earth Island Inst. v. Hogarth, 494 F.3d 757 (9th Cir. 2007). “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
Defenders of Wildlife v. Hogarth, 177 F. Supp. 2d 1336 (Ct. Intl. Trade 2001). “” 16 U.S.C. § 1414a(a)(l). The Report was to “address the question of whether such encirclement is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean.”
Earth Island Inst. v. Evans, 256 F. Supp. 2d 1064 (N.D. Cal. 2003). “” 16 U.S.C. § 1414a(a)(3)(A). Since Congress left the methodology and implementation of the stress studies to the discretion of the NOAA, defendants argue, the Court should find that the Secretary discharged his obligation under the statute to complete the necropsy study.”
Defenders of Wildlife, Earth Island Inst. v. Hogarth, 330 F.3d 1358 (Fed. Cir. 2003). “” 16 U.S.C. § 1414a(a)(l) & (4). On March 25, 1999, NMFS submitted a report (“1999 Report”) to Congress.”
Earth Island Inst. v. Gutierrez, 484 F.3d 1123 (9th Cir. 2007). “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
— 16 U.S.C. § 1414a(a)(l)(3)(B) — 2 cases
Earth Island Inst. v. Hogarth, 494 F.3d 757 (9th Cir. 2007). “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
Earth Island Inst. v. Gutierrez, 484 F.3d 1123 (9th Cir. 2007). “§ 1385 (g); see also 16 U.S.C. § 1414a. IDCPA directed the Secretary to make an Initial Finding by March 31, 1999 and a Final Finding by December 31, 2002.”
— 16 U.S.C. § 1414a(l) — 1 case
Brower v. Daley, 93 F. Supp. 2d 1071 (N.D. Cal. 2000). “16 U.S.C. § 1414a (amending the MMPA). Congress then detailed the specific stress studies that the Secretary was required to undertake in paragraph (3): The stress studies [required above] shall include— (A) a review of relevant stress-related research and a 3-year series of…”
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