The Congress finds that—
(1) whales are a unique resource of great aesthetic and scientific interest to mankind and are a vital part of the marine ecosystem;
(2) whales have been overexploited by man for many years, severely reducing several species and endangering others;
(3) the United States has extended its authority and responsibility to conserve and protect all marine mammals, including whales, out to a two hundred nautical mile limit by enactment of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.];
(4) the conservation and protection of certain species of whales, including the California gray, bowhead, sperm, and killer whale, are of particular interest to citizens of the United States;
(5) increased ocean activity of all types may threaten the whale stocks found within the two hundred-mile jurisdiction of the United States and added protection of such stocks may be necessary;
(6) there is inadequate knowledge of the ecology, habitat, requirements, and population levels and dynamics of all whales found in waters subject to the jurisdiction of the United States; and
(7) further study of such matters is required in order for the United States to carry out its responsibilities for the conservation and protection of marine mammals.
(Pub. L. 94–532, §2, Oct. 17, 1976, 90 Stat. 2491; Pub. L. 96–561, title II, §238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (3), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which is classified principally to chapter 38 (§1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
1996—Par. (3). Pub. L. 104–208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.
1980—Par. (3). Pub. L. 96–561 substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”.
Section 101(a) [title II, §211(b)] of div. A of Pub. L. 104–208 provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
Section 238(b) of Pub. L. 96–561 provided that the amendment made by that section is effective 15 days after Dec. 22, 1980.
Section 1 of Pub. L. 94–532 provided: “That this Act [enacting this chapter] may be cited as the ‘Whale Conservation and Protection Study Act’.”
The Secretary of Commerce, in consultation with the Marine Mammal Commission and the coastal States, shall undertake comprehensive studies of all whales found in waters subject to the jurisdiction of the United States, including the fishery conservation zone as defined in section 1802(8) 1 of this title. Such studies shall take into consideration all relevant factors regarding (1) the conservation and protection of all such whales, (2) the distribution, migration patterns, and population dynamics of these mammals, and (3) the effects on all such whales of habitat destruction, disease, pesticides, and other chemicals, disruption of migration patterns, and food shortages for the purpose of developing adequate and effective measures, including appropriate laws and regulations, to conserve and protect such mammals. The Secretary of Commerce shall report on such studies, together with such recommendations as he deems appropriate, including suggested legislation, to the Congress no later than January 1, 1980.
(Pub. L. 94–532, §3, Oct. 17, 1976, 90 Stat. 2491.)
Section 1802(8) of this title, referred to in text, which defined “fishery conservation zone”, was repealed and section 1802(6) of this title, defining “exclusive economic zone”, was added by Pub. L. 99–659, title I, §101(a), Nov. 14, 1986, 100 Stat. 3706. Section 1802 was subsequently amended and the term “exclusive economic zone” is defined elsewhere in that section.
Pub. L. 106–562, title IV, §401, Dec. 23, 2000, 114 Stat. 2807, provided that:
“(1) $290,000 for fiscal year 2001; and
“(2) $500,000 for each of fiscal years 2002 through 2004.”
Substantially identical provisions were contained in Pub. L. 106–555, title II, §203, Dec. 21, 2000, 114 Stat. 2768.
1 See References in Text note below.
All Federal agencies shall cooperate, to the fullest extent possible, with the Secretary of Commerce in preparing the study and recommendations required by section 917a of this title.
(Pub. L. 94–532, §4, Oct. 17, 1976, 90 Stat. 2492.)
The Secretary of Commerce, through the Secretary of State, shall immediately initiate negotiations for the purpose of developing appropriate bilateral agreements with Mexico and Canada for the protection and conservation of whales.
(Pub. L. 94–532, §5, Oct. 17, 1976, 90 Stat. 2492.)
For the purpose of carrying out the provisions of this chapter, there is hereby authorized to be appropriated a sum not to exceed $1,000,000 for fiscal years 1978 and 1979.
(Pub. L. 94–532, §6, Oct. 17, 1976, 90 Stat. 2492.)