
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: 16USC1389]

 
                         TITLE 16--CONSERVATION
 
                  CHAPTER 31--MARINE MAMMAL PROTECTION
 
      SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
 
Sec. 1389. Pacific Coast Task Force; Gulf of Maine


(a) Pinniped removal authority

    Notwithstanding any other provision of this subchapter, the 
Secretary may permit the intentional lethal taking of pinnipeds in 
accordance with this section.

(b) Application

    (1) A State may apply to the Secretary to authorize the intentional 
lethal taking of individually identifiable pinnipeds which are having a 
significant negative impact on the decline or recovery of salmonid 
fishery stocks which--
        (A) have been listed as threatened species or endangered species 
    under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
        (B) the Secretary finds are approaching threatened species or 
    endangered species status (as those terms are defined in that Act); 
    or
        (C) migrate through the Ballard Locks at Seattle, Washington.

    (2) Any such application shall include a means of identifying the 
individual pinniped or pinnipeds, and shall include a detailed 
description of the problem interaction and expected benefits of the 
taking.

(c) Actions in response to application

    (1) Within 15 days of receiving an application, the Secretary shall 
determine whether the application has produced sufficient evidence to 
warrant establishing a Pinniped-Fishery Interaction Task Force to 
address the situation described in the application. If the Secretary 
determines sufficient evidence has been provided, the Secretary shall 
establish a Pinniped-Fishery Interaction Task Force and publish a notice 
in the Federal Register requesting public comment on the application.
    (2) A Pinniped-Fishery Interaction Task Force established under 
paragraph (1) shall consist of designated employees of the Department of 
Commerce, scientists who are knowledgeable about the pinniped 
interaction that the application addresses, representatives of affected 
conservation and fishing community organizations, Indian Treaty tribes, 
the States, and such other organizations as the Secretary deems 
appropriate.
    (3) Within 60 days after establishment, and after reviewing public 
comments in response to the Federal Register notice under paragraph (1), 
the Pinniped-Fishery Interaction Task Force shall--
        (A) recommend to the Secretary whether to approve or deny the 
    proposed intentional lethal taking of the pinniped or pinnipeds, 
    including along with the recommendation a description of the 
    specific pinniped individual or individuals, the proposed location, 
    time, and method of such taking, criteria for evaluating the success 
    of the action, and the duration of the intentional lethal taking 
    authority; and
        (B) suggest nonlethal alternatives, if available and 
    practicable, including a recommended course of action.

    (4) Within 30 days after receipt of recommendations from the 
Pinniped-Fishery Interaction Task Force, the Secretary shall either 
approve or deny the application. If such application is approved, the 
Secretary shall immediately take steps to implement the intentional 
lethal taking, which shall be performed by Federal or State agencies, or 
qualified individuals under contract to such agencies.
    (5) After implementation of an approved application, the Pinniped-
Fishery Interaction Task Force shall evaluate the effectiveness of the 
permitted intentional lethal taking or alternative actions implemented. 
If implementation was ineffective in eliminating the problem 
interaction, the Task Force shall recommend additional actions. If the 
implementation was effective, the Task Force shall so advise the 
Secretary, and the Secretary shall disband the Task Force.

(d) Considerations

    In considering whether an application should be approved or denied, 
the Pinniped-Fishery Interaction Task Force and the Secretary shall 
consider--
        (1) population trends, feeding habits, the location of the 
    pinniped interaction, how and when the interaction occurs, and how 
    many individual pinnipeds are involved;
        (2) past efforts to nonlethally deter such pinnipeds, and 
    whether the applicant has demonstrated that no feasible and prudent 
    alternatives exist and that the applicant has taken all reasonable 
    nonlethal steps without success;
        (3) the extent to which such pinnipeds are causing undue injury 
    or impact to, or imbalance with, other species in the ecosystem, 
    including fish populations; and
        (4) the extent to which such pinnipeds are exhibiting behavior 
    that presents an ongoing threat to public safety.

(e) Limitation

    The Secretary shall not approve the intentional lethal taking of any 
pinniped from a species or stock that is--
        (1) listed as a threatened species or endangered species under 
    the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
        (2) depleted under this chapter; or
        (3) a strategic stock.

(f) California sea lions and Pacific harbor seals; investigation and 
        report

    (1) The Secretary shall engage in a scientific investigation to 
determine whether California sea lions and Pacific harbor seals--
        (A) are having a significant negative impact on the recovery of 
    salmonid fishery stocks which have been listed as endangered species 
    or threatened species under the Endangered Species Act of 1973 (16 
    U.S.C. 1531 et seq.), or which the Secretary finds are approaching 
    such endangered species or threatened species status; or
        (B) are having broader impacts on the coastal ecosystems of 
    Washington, Oregon, and California.

The Secretary shall conclude this investigation and prepare a report on 
its results no later than October 1, 1995.
    (2) Upon completion of the scientific investigation required under 
paragraph (1), the Secretary shall enter into discussions with the 
Pacific States Marine Fisheries Commission, on behalf of the States of 
Washington, Oregon, and California, for the purpose of addressing any 
issues or problems identified as a result of the scientific 
investigation, and to develop recommendations to address such issues or 
problems. Any recommendations resulting from such discussions shall be 
submitted, along with the report, to the Committee on Merchant Marine 
and Fisheries of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.
    (3) The Secretary shall make the report and the recommendations 
submitted under paragraph (2) available to the public for review and 
comment for a period of 90 days.
    (4) There are authorized to be appropriated to the Secretary such 
sums as are necessary to carry out the provisions of this subsection.
    (5) The amounts appropriated under section 4107(c) of this title and 
allocated to the Pacific States Marine Fisheries Commission may be used 
by the Commission to participate in discussions with the Secretary under 
paragraph (2).

(g) Regionwide pinniped-fishery interaction study

    (1) The Secretary may conduct a study, of not less than three high 
predation areas in anadromous fish migration corridors within the 
Northwest Region of the National Marine Fisheries Service, on the 
interaction between fish and pinnipeds. In conducting the study, the 
Secretary shall consult with other State and Federal agencies with 
expertise in pinniped-fishery interaction. The study shall evaluate--
        (A) fish behavior in the presence of predators generally;
        (B) holding times and passage rates of anadromous fish stocks in 
    areas where such fish are vulnerable to predation;
        (C) whether additional facilities exist, or could be reasonably 
    developed, that could improve escapement for anadromous fish; and
        (D) other issues the Secretary considers relevant.

    (2) Subject to the availability of appropriations, the Secretary 
may, not later than 18 months after the commencement of the study under 
this subsection, transmit a report on the results of the study to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives.
    (3) The study conducted under this subsection may not be used by the 
Secretary as a reason for delaying or deferring a determination or 
consideration under subsection (c) or (d) of this section.

(h) Gulf of Maine Task Force

    The Secretary shall establish a Pinniped-Fishery Interaction Task 
Force to advise the Secretary on issues or problems regarding pinnipeds 
interacting in a dangerous or damaging manner with aquaculture resources 
in the Gulf of Maine. No later than 2 years from April 30, 1994, the 
Secretary shall after notice and opportunity for public comment submit 
to the Committee on Merchant Marine and Fisheries of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing recommended available 
alternatives to mitigate such interactions.

(i) Requirements applicable to task forces

    (1) Any task force established under this section--
        (A) shall to the maximum extent practicable, consist of an 
    equitable balance among representatives of resource user interests 
    and nonuser interests; and
        (B) shall not be subject to the Federal Advisory Committee Act 
    (5 App. U.S.C.).

    (2) Meetings of any task force established under this section shall 
be open to the public, and prior notice of those meetings shall be given 
to the public by the task force in a timely fashion.

(j) Gulf of Maine harbor porpoise

    (1) Nothing in section 1386 of this title shall prevent the 
Secretary from publishing a stock assessment for Gulf of Maine harbor 
porpoise in an expedited fashion.
    (2) In developing and implementing a take reduction plan under 
section 1387 of this title for Gulf of Maine harbor porpoise, the 
Secretary shall consider all actions already taken to reduce incidental 
mortality and serious injury of such stock, and may, based on the 
recommendations of the take reduction team for such stock, modify the 
time period required for compliance with section 1387(f)(5)(A) of this 
title, but in no case may such modification extend the date of 
compliance beyond April 1, 1997.

(Pub. L. 92-522, title I, Sec. 120, as added Pub. L. 103-238, Sec. 23, 
Apr. 30, 1994, 108 Stat. 562.)

                       References in Text

    The Endangered Species Act of 1973, referred to in subsecs. 
(b)(1)(A), (B), (e)(1), and (f)(1)(A), is Pub. L. 93-205, Dec. 28, 1973, 
87 Stat. 884, as amended, which is classified principally to chapter 35 
(Sec. 1531 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 1531 of this 
title and Tables.
    The Federal Advisory Committee Act, referred to in subsec. (i)(B), 
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.

      Abolition of House Committee on Merchant Marine and Fisheries

    Committee on Merchant Marine and Fisheries of House of 
Representatives abolished and its jurisdiction transferred by House 
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee 
on Merchant Marine and Fisheries of House of Representatives treated as 
referring to Committee on Resources of House of Representatives in case 
of provisions relating to fisheries, wildlife, international fishing 
agreements, marine affairs (including coastal zone management) except 
for measures relating to oil and other pollution of navigable waters, or 
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.
