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16 U.S.C. § 1386 — Stock assessments
Federal law — U.S. Code and appendices · legal_authorities
**(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), 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 populati
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Source location: Title 16, Chapter 31, § 1386; chapter-031-marine-mammal-protection.md
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**(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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/b&num=0&edition=prelim).
(3) After consideration of the best scientific information available, the advice of the appropriate regional scientific review group established under subsection (d), 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).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/b&num=0&edition=prelim). 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 chapter 10 of title 5.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/b&num=0&edition=prelim)** This section shall not affect or otherwise modify the provisions of [section 1371(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/b&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Consultation with Federal agencies** The Secretary, in consultation with any other Federal agency to the extent that such agency may be affected, shall prescribe such regulations as are necessary and appropriate to carry out the purposes of this subchapter.
**(b) Cooperation by Federal agencies** Each Federal agency is authorized and directed to cooperate with the Secretary, in such manner as may be mutually agreeable, in carrying out the purposes of this subchapter.
**(c) Contracts, leases, and cooperative agreements** The Secretary may enter into such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the purposes of this subchapter or subchapter V and on such terms as he deems appropriate with any Federal or State agency, public or private institution, or other person.
**(d) Annual review; suspension of program** The Secretary shall review annually the operation of each program in which the United States participates involving the taking of marine mammals on lands. If at any time the Secretary finds that any such program cannot be administered on lands owned by the United States or in which the United States has an interest in a manner consistent with the purposes of 11 So in original. policies of this chapter, he shall suspend the operation of that program and shall include in the annual report to the public and the Congress required under [section 1373(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1373/f&num=0&edition=prelim) his reasons for such suspension, together with recommendations for such legislation as he deems necessary and appropriate to resolve the problem.
**(e) Measures to alleviate impacts on strategic stocks** If the Secretary determines, based o
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1382
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Effective on April 30, 1994, and except as provided in [section 1383a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1383a&num=0&edition=prelim) and in paragraphs (2), (3), and (4) of this subsection, the provisions of this section shall govern the incidental taking of marine mammals in the course of commercial fishing operations by persons using vessels of the United States or vessels which have valid fishing permits issued by the Secretary in accordance with [section 1824(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1824/b&num=0&edition=prelim). In any event it shall be the immediate goal that the incidental mortality or serious injury of marine mammals occurring in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate within 7 years after April 30, 1994.
(2) In the case of the incidental taking of marine mammals from species or stocks designated under this chapter as depleted on the basis of their listing as threatened species or endangered species under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.), both this section and [section 1371(a)(5)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/a/5/E&num=0&edition=prelim) shall apply.
(3) Sections 11 So in original. Probably should be “Section”. 1374(h) of this title and subchapter IV, and not this section, shall govern the taking of marine mammals in the course of commercial purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean.
(4) This
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1387
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) 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 knowledgeabl
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Federal law — U.S. Code and appendices · legal_authorities
Page 1804
TITLE 16—CONSERVATION
§ 1386
Editorial Notes
REFERENCES IN TEXT
This section, referred to in subsecs. (d)(3)(A), (e), and
(f), was in the original ‘‘this Act’’, and was translated
as referring to the Dolphin Protection Consumer Infor-
mation Act, which is classified to this section, to re-
flect the probable intent of Congress.
CODIFICATION
Section was not enacted as part of the Marine Mam-
mal Protection Act of 1972 which comprises this chap-
ter.
AMENDMENTS
2015—Subsec. (e). Pub. L. 114–81 amended subsec. (e)
generally. Prior to amendment, text read as follows:
‘‘Any person who knowingly and willfully makes a
statement or endorsement described in subsection
(d)(2)(B) that is false is liable for a civil penalty of not
to exceed $100,000 assessed in an action brought in any
appropriate district court of the United States on be-
half of the Secretary.’’
1997—Subsec. (d). Pub. L. 105–42, § 5(a), amended head-
ing and text of subsec. (d) generally. Prior to amend-
ment, text read as follows:
‘‘(1) It is a violation of section 45 of title 15 for any
producer, importer, exporter, distributor, or seller of
any tuna product that is exported from or offered for
sale in the United States to include on the label of that
product the term ‘Dolphin Safe’ or any other term or
symbol that falsely claims or suggests that the tuna
contained in the product was harvested using a method
of fishing that is not harmful to dolphins if the product
contains—
‘‘(A) tuna harvested on the high seas by a vessel en-
gaged in driftnet fishing; or
‘‘(B) tuna harvested in the eastern tropical Pacific
Ocean by a vessel using purse seine nets which do not
meet the requirements for being considered dolphin
safe under paragraph (2).
‘‘(2) For purposes of paragraph (1)(
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1386
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