
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: 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.
