§ 1383b. — Status review; conservation plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1383b]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
Sec. 1383b. Status review; conservation plans
(a) Determinations by rule; notice and hearing; findings; final rule on
status of species or stock involved
(1) In any action by the Secretary to determine if a species or
stock should be designated as depleted, or should no longer be
designated as depleted, regardless of whether such action is taken on
the initiative of the Secretary or in response to a petition for a
status review, the Secretary shall only make such a determination by
issuance of a rule, after notice and opportunity for public comment and
after a call for information in accordance with paragraph (2).
(2) The Secretary shall make any determination described in
paragraph (1) solely on the basis of the best scientific information
available. Prior to the issuance of a proposed rule concerning any such
determination, the Secretary shall publish in the Federal Register a
call to assist the Secretary in obtaining scientific information from
individuals and organizations concerned with the conservation of marine
mammals, from persons in any industry which might be affected by the
determination, and from academic institutions. In addition, the
Secretary shall utilize, to the extent the Secretary determines to be
feasible, informal working groups of interested parties and other
methods to gather the necessary information.
(3)(A) If the Secretary receives a petition for a status review as
described in paragraph (1), the Secretary shall publish a notice in the
Federal Register that such a petition has been received and is available
for public review.
(B) Within sixty days after receipt of the petition, the Secretary
shall publish a finding in the Federal Register as to whether the
petition presents substantial information indicating that the petitioned
action may be warranted.
(C) If the Secretary makes a positive finding under subparagraph
(B), the Secretary shall include in the Federal Register notice, a
finding that--
(i) a review of the status of the species or stock will be
commenced promptly; or
(ii) a prompt review of the petition is precluded by other
pending status determination petitions and that expeditious progress
is being made to process pending status determination petitions
under this subchapter.
In no case after making a finding under this subparagraph shall the
Secretary delay commencing a review of the status of a species or stock
for more than one hundred and twenty days after receipt of the petition.
(D) No later than two hundred and ten days after the receipt of the
petition, the Secretary shall publish in the Federal Register a proposed
rule as to the status of the species or stock, along with the reasons
underlying the proposed status determination. Persons shall have at
least sixty days to submit comments on such a proposed rule.
(E) Not later than ninety days after the close of the comment period
on a proposed rule issued under subparagraph (D), the Secretary shall
issue a final rule on the status of the species or stock involved, along
with the reasons for the status determination. If the Secretary finds
with respect to such a proposed rule that there is substantial
disagreement regarding the sufficiency or accuracy of the available
information relevant to a status determination, the Secretary may delay
the issuance of a final rule for a period of not more than six months
for purposes of soliciting additional information.
(F) Notwithstanding subparagraphs (D) and (E) of this paragraph and
section 553 of title 5, the Secretary may issue a final rule as to the
status of a species or stock any time sixty or more days after a
positive finding under subparagraph (B) if the Secretary determines
there is substantial information available to warrant such final status
determination and further delay would pose a significant risk to the
well-being of any species or stock. Along with the final rule, the
Secretary shall publish in the Federal Register detailed reasons for the
expedited determination.
(b) Conservation plans; preparation and implementation
(1) The Secretary shall prepare conservation plans--
(A) By \1\ December 31, 1989, for North Pacific fur seals;
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\1\ So in original. Probably should not be capitalized.
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(B) by December 31, 1990, for Steller sea lions; and
(C) as soon as possible, for any species or stock designated as
depleted under this subchapter, except that a conservation plan need
not be prepared if the Secretary determines that it will not promote
the conservation of the species or stock.
(2) Each plan shall have the purpose of conserving and restoring the
species or stock to its optimum sustainable population. The Secretary
shall model such plans on recovery plans required under section 1533(f)
of this title.
(3) The Secretary shall act expeditiously to implement each
conservation plan prepared under paragraph (1). Each year, the Secretary
shall specify in the annual report prepared under section 1373(f) of
this title what measures have been taken to prepare and implement such
plans.
(4) If the Secretary determines that a take reduction plan is
necessary to reduce the incidental taking of marine mammals in the
course of commercial fishing operations from a strategic stock, or for
species or stocks which interact with a commercial fishery for which the
Secretary has made a determination under section 1387(f)(1) of this
title, any conservation plan prepared under this subsection for such
species or stock shall incorporate the take reduction plan required
under section 1387 of this title for such species or stock.
(Pub. L. 92-522, title I, Sec. 115, as added Pub. L. 100-711, Sec. 3(a),
Nov. 23, 1988, 102 Stat. 4763; amended Pub. L. 103-238, Sec. 8, Apr. 30,
1994, 108 Stat. 543.)
Amendments
1994--Subsec. (b)(4). Pub. L. 103-238 added par. (4).
Section Referred to in Other Sections
This section is referred to in section 1374 of this title.
