Page:United States Statutes at Large Volume 111 Part 2.djvu/52
Ill STAT. 1132 PUBLIC LAW 105-42—AUG. 15, 1997 or nets if the vessel takes an observer and does not intentionally deploy nets on, or encircle, dolphins, under such terms and conditions as the Secretary may prescribe; and "(xii) containing such other restrictions and requirements as the Secretary determines are necesseiry to implement the International Dolphin Conservation Program with respect to vessels of the United States. "(C) ADJUSTMENTS TO REQUIREMENTS.— The Secretary may make such adjustments as may be appropriate to requirements of subpsiragraph (B) that pertain to fishing gear, vessel equipment, and fishing practices to the extent the adjustments are consistent with the International Dolphin Conservation Program. "(b) CONSULTATION.— In developing any regulation under this section, the Secretary shall consult with the Secretary of State, the Marine Mammal Commission, and the United States Commissioners to the Inter-American Tropical Txma Commission appointed under section 3 of the Tuna Conventions Act of 1950 (16 U.S.C. 952). " (c) EMERGENCY REGULATIONS.— "(1) If the Secretary determines, on the basis of the best scientific information available (including research conducted under section 304 and information obtained under the International Dolphin Conservation Program) that the incidental mortality and serious injury of marine mammals authorized under this title is having, or is likely to have, a significant adverse impact on a marine mammal stock or species, the Secretary shall— "(A) notify the Inter-American Tropical Tuna Commission of his or her determination, along with recommendations to the Commission as to actions necessary to reduce incidental mortality and serious injury and mitigate such adverse impact; and "(B) prescribe emergency regulations to reduce incidental mortality and serious injury and mitigate such adverse impact. "(2) Before taking action under subparagraph (A) or (B) of paragraph (1), the Secretary shall consult with the Secretary of State, the Marine Mammal Commission, and the United States Commissioners to the Inter-American Tropical Tuna Commission. "(3) Emergency regulations prescribed under this subsection— Federal Register, "(A) shall be published in the Federal Register, publication. together with an explanation thereof; "(B) shall remain in effect for the duration of the applicable fishing year; and "(C) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termination if the Secretary determines that the reasons for the emergency action no longer exist. "(4) If the Secretary finds that the incidental mortality and serious injury of marine mammsds in the yellowfin tuna fishery in the eastern tropical Pacific Ocean is continuing to have a significant adverse impact on a stock or species, the Secretary may extend the emergency regulations for such additional periods as may be necessary.