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