
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
