Sec. 104. Management of human activities
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The Secretary and the Secretary of Commerce may undertake scientific research to assess the effects of pollutants and marine debris on covered albatrosses and petrels. The Secretary and the Secretary of Commerce may each develop and implement conservation measures to minimize the effects of, or threats posed by, marine debris on covered albatrosses and petrels. The Secretary and the Secretary of Commerce— in consultation with each other and consistent with the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq.) and any other authority, may develop and implement measures, including by issuing regulations, to prevent, minimize, or mitigate— the take of covered albatrosses and petrels— on lands or in waters subject to the jurisdiction of the United States; and by vessels and nationals of the United States located outside the jurisdiction of the United States; and the disturbance of covered albatrosses and petrels— on lands or in waters subject to the jurisdiction of the United States; and by vessels and nationals of the United States located outside the jurisdiction of the United States; and shall— notify the Secretary of the department in which the Coast Guard is operating of any actions taken under this subsection, to ensure a coordinated effort to prevent, minimize, or mitigate the taking of covered albatrosses and petrels; and if determined necessary, request that the applicable Secretary take additional action to prevent or minimize take of covered albatrosses and petrels.
The Secretary of Commerce, in consultation with the Regional Fishery Management Council with jurisdiction over the relevant fishery under the Magnuson-Stevens Act, may develop and undertake measures to minimize the bycatch of covered albatrosses and petrels in the fishery. The Secretary of Commerce, in consultation with such Regional Fishery Management Council, may engage in— regional assessments of covered albatrosses and petrels interactions with fishing gear to determine the extent and nature of such interactions; collection of covered albatrosses and petrels bycatch data, including through onboard-observer programs— to determine the nature and extent of covered albatrosses and petrels interactions with United States fisheries; and to evaluate the effectiveness of any prescribed mitigation measures; and research on bycatch-mitigation measures to develop the most practical and effective deterrent measures that reduce such bycatch.
In carrying out this subsection, the Secretary of Commerce may disclose, as necessary and appropriate, information collected under this Act to the Food and Agriculture Organization of the United Nations, regional fishery-management organizations, or arrangements made pursuant to an international fishery-management agreement, if such organizations or arrangements have policies and procedures to safeguard such information from unintended or unauthorized disclosure. In this paragraph the term international fishery agreement has the meaning given the term in section 3 of the Magnuson-Stevens Act ( 16 U.S.C. 1802 ).
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