§ 1386. — Stock assessments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1386]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
Sec. 1386. Stock assessments
(a) In general
Not later than August 1, 1994, the Secretary shall, in consultation
with the appropriate regional scientific review group established under
subsection (d) of this section, prepare a draft stock assessment for
each marine mammal stock which occurs in waters under the jurisdiction
of the United States. Each draft stock assessment, based on the best
scientific information available, shall--
(1) describe the geographic range of the affected stock,
including any seasonal or temporal variation in such range;
(2) provide for such stock the minimum population estimate,
current and maximum net productivity rates, and current population
trend, including a description of the information upon which these
are based;
(3) estimate the annual human-caused mortality and serious
injury of the stock by source and, for a strategic stock, other
factors that may be causing a decline or impeding recovery of the
stock, including effects on marine mammal habitat and prey;
(4) describe commercial fisheries that interact with the stock,
including--
(A) the approximate number of vessels actively participating
in each such fishery;
(B) the estimated level of incidental mortality and serious
injury of the stock by each such fishery on an annual basis;
(C) seasonal or area differences in such incidental
mortality or serious injury; and
(D) the rate, based on the appropriate standard unit of
fishing effort, of such incidental mortality and serious injury,
and an analysis stating whether such level is insignificant and
is approaching a zero mortality and serious injury rate;
(5) categorize the status of the stock as one that either--
(A) has a level of human-caused mortality and serious injury
that is not likely to cause the stock to be reduced below its
optimum sustainable population; or
(B) is a strategic stock, with a description of the reasons
therefor; and
(6) estimate the potential biological removal level for the
stock, describing the information used to calculate it, including
the recovery factor.
(b) Public comment
(1) The Secretary shall publish in the Federal Register a notice of
the availability of a draft stock assessment or any revision thereof and
provide an opportunity for public review and comment during a period of
90 days. Such notice shall include a summary of the assessment and a
list of the sources of information or published reports upon which the
assessment is based.
(2) Subsequent to the notice of availability required under
paragraph (1), if requested by a person to which section 1371(b) of this
title applies, the Secretary shall conduct a proceeding on the record
prior to publishing a final stock assessment or any revision thereof for
any stock subject to taking under section 1371(b) of this title.
(3) After consideration of the best scientific information
available, the advice of the appropriate regional scientific review
group established under subsection (d) of this section, and the comments
of the general public, the Secretary shall publish in the Federal
Register a notice of availability and a summary of the final stock
assessment or any revision thereof, not later than 90 days after--
(A) the close of the public comment period on a draft stock
assessment or revision thereof; or
(B) final action on an agency proceeding pursuant to paragraph
(2).
(c) Review and revision
(1) The Secretary shall review stock assessments in accordance with
this subsection--
(A) at least annually for stocks which are specified as
strategic stocks;
(B) at least annually for stocks for which significant new
information is available; and
(C) at least once every 3 years for all other stocks.
(2) If the review under paragraph (1) indicates that the status of
the stock has changed or can be more accurately determined, the
Secretary shall revise the stock assessment in accordance with
subsection (b) of this section.
(d) Regional scientific review groups
(1) Not later than 60 days after April 30, 1994, the Secretary of
Commerce shall, in consultation with the Secretary of the Interior (with
respect to marine mammals under that Secretary's jurisdiction), the
Marine Mammal Commission, the Governors of affected adjacent coastal
States, regional fishery and wildlife management authorities, Alaska
Native organizations and Indian tribes, and environmental and fishery
groups, establish three independent regional scientific review groups
representing Alaska, the Pacific Coast (including Hawaii), and the
Atlantic Coast (including the Gulf of Mexico), consisting of individuals
with expertise in marine mammal biology and ecology, population dynamics
and modeling, commercial fishing technology and practices, and stocks
taken under section 1371(b) of this title. The Secretary of Commerce
shall, to the maximum extent practicable, attempt to achieve a balanced
representation of viewpoints among the individuals on each regional
scientific review group. The regional scientific review groups shall
advise the Secretary on--
(A) population estimates and the population status and trends of
such stocks;
(B) uncertainties and research needed regarding stock
separation, abundance, or trends, and factors affecting the
distribution, size, or productivity of the stock;
(C) uncertainties and research needed regarding the species,
number, ages, gender, and reproductive status of marine mammals;
(D) research needed to identify modifications in fishing gear
and practices likely to reduce the incidental mortality and serious
injury of marine mammals in commercial fishing operations;
(E) the actual, expected, or potential impacts of habitat
destruction, including marine pollution and natural environmental
change, on specific marine mammal species or stocks, and for
strategic stocks, appropriate conservation or management measures to
alleviate any such impacts; and
(F) any other issue which the Secretary or the groups consider
appropriate.
(2) The scientific review groups established under this subsection
shall not be subject to the Federal Advisory Committee Act (5 App.
U.S.C.).
(3) Members of the scientific review groups shall serve without
compensation, but may be reimbursed by the Secretary, upon request, for
reasonable travel costs and expenses incurred in performing their
obligations.
(4) The Secretary may appoint or reappoint individuals to the
regional scientific review groups under paragraph (1) as needed.
(e) Effect on section 1371(b) of this title
This section shall not affect or otherwise modify the provisions of
section 1371(b) of this title.
(Pub. L. 92-522, title I, Sec. 117, as added Pub. L. 103-238, Sec. 10,
Apr. 30, 1994, 108 Stat. 543.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (d)(2),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 1371, 1382, 1384, 1387, 1389
of this title.
