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U.S. Code as of:
01/19/04
Section 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;
(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.
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