16 U.S.C. § 1383a — Interim exemption for commercial fish-

Page 1795 TITLE 16—CONSERVATION § 1383a eries, wildlife, international fishing agreements, ma- rine affairs (including coastal zone management) ex- cept 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. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 1383a. Interim exemption for commercial fish- eries (a) Effective and termination dates of preemp- tive provisions; law governing incidental tak- ing of marine mammals in course of commer- cial yellowfin tuna fishing (1) During the period beginning on November 23, 1988, and until superseded by regulations pre- scribed under section 1387 of this title, or until September 1, 1995, whichever is earlier, except as provided in paragraph (2), the provisions of this section, rather than sections 1371, 1373, and 1374 of this title, shall govern the incidental taking of marine mammals in the course of commercial fishing operations by persons using vessels of the United States and vessels which have valid fishing permits issued by the Secretary in ac- cordance with section 1824(b) of this title. In any event it shall be the immediate goal that the in- cidental kill or serious injury of marine mam- mals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate. (2) The provisions of this section other than subsection (e)(6)(A) shall not govern the inci- dental taking of marine mammals in the course of commercial yellowfin tuna fishing subject to section 1374(h)(2) of this title. (b) Proposed and final list of fisheries taking ma- rine mammals; publication in Federal Reg- ister; grant of exemption; conditions; suspen- sion of grant of exemption; administration of exemption provisions; fees (1) The Secretary shall, after consultation with the Marine Mammal Commission— (A) publish in the Federal Register, for pub- lic comment, not later than sixty days after November 23, 1988, a proposed list of those fish- eries, along with a statement of the marine mammals and the approximate number of ves- sels or persons involved in each such fishery, that have— (i) frequent incidental taking of marine mammals; (ii) occasional incidental taking of marine mammals; or (iii) a remote likelihood of or no known in- cidental taking of marine mammals; (B) publish in the Federal Register not later than one hundred and twenty days after No- vember 23, 1988, a final list of the fisheries and other information required by paragraph (A), together with a summary of the provisions of this section and information sufficient to ad- vise vessel owners on how to obtain an exemp- tion and otherwise comply with the require- ments of this section; and (C) at least once each year thereafter, and at such other times as the Secretary considers appropriate, reexamine, based on information gathered from the program established under subsections (c), (d), (e), and (f), and other rel- evant sources and after notice and opportunity for public comment, the classification of fish- eries and other determinations required under subparagraph (A) and publish in the Federal Register any necessary changes. (2)(A) An exemption shall be granted by the Secretary in accordance with this section for a vessel engaged in a fishery identified under paragraph (1)(A)(i) or (ii), upon receipt by the Secretary of a completed registration form pro- viding the name of the vessel owner, the name and description of the vessel, the fisheries in which it will be engaged, and such other infor- mation as the Secretary considers necessary. A decal or other physical evidence that the exemp- tion is current and valid shall be issued by the Secretary at the time an exemption is granted, and so long as the exemption remains current and valid, shall be reissued annually thereafter. (B) No exemption may be granted under this section to the owner of a vessel unless such ves- sel— (i) is a vessel of the United States; or (ii) has a valid fishing permit issued by the Secretary in accordance with section 1824(b) of this title. (C) Notwithstanding any other provision of this subchapter, exemptions granted under this section shall authorize the incidental taking of marine mammals, other than California sea ot- ters, from any species or stock, including a pop- ulation stock designated as depleted, but shall not authorize the intentional lethal taking of any Steller sea lion, any cetacean, or any ma- rine mammals from a population stock des- ignated as depleted. (3)(A) Beginning two hundred and forty days after November 23, 1988, each owner of a vessel engaged in any fishery identified under para- graph (1)(A)(i) or (ii) shall, in order to engage lawfully in that fishery— (i) have registered with the Secretary in order to obtain for each such vessel owned an exemption for the purpose of incidentally tak- ing marine mammals in accordance with this section; (ii) ensure that a decal or such other phys- ical evidence of a current and valid exemption as the Secretary may require is displayed on or is in the possession of the master of each such vessel; and (iii) report as required by subsection (c). (B) Any owner of a vessel receiving an exemp- tion under this section for any fishery identified under paragraph (1)(A)(i) shall, as a condition of that exemption, take on board a natural re- source observer if requested to do so by the Sec- retary. (C) An owner of a vessel engaged in a fishery identified under paragraph (1)(A)(i) or (ii) who— (i) fails to obtain from the Secretary an ex- emption under this section; (ii) fails to maintain a current and valid ex- emption; or (iii) fails to ensure that a decal or other physical evidence of such exemption issued by the Secretary is displayed on or is in posses- sion of the master of the vessel, Page 1796 TITLE 16—CONSERVATION § 1383a and the master of any such vessel engaged in such fishery, shall be deemed to have violated this subchapter, and shall be subject to the pen- alties of this subchapter except in the case of unknowing violations before January 1, 1990. (D) If the owner of a vessel has obtained and maintains a current and valid exemption from the Secretary under this section and meets the requirements set forth in this section, the owner of such vessel, and the master and crew mem- bers of the vessel, shall not be subject to the penalties set forth in this subchapter for the in- cidental taking of marine mammals while such vessel is engaged in a fishery to which the ex- emption applies. (E) Each owner of a vessel engaged in any fish- ery not identified in paragraph (1)(A)(i) or (ii), and the master and crew members of such a ves- sel, shall not be subject to the penalties set forth in this subchapter for the incidental tak- ing of marine mammals if such owner reports to the Secretary, in such form and manner as the Secretary may require, instances of lethal inci- dental taking in the course of that fishery. (4) The Secretary shall suspend or revoke an exemption granted under this section and shall not issue a decal or other physical evidence of the exemption for any vessel until the owner of such vessel complies with the reporting require- ments under subsection (c) and such require- ments to take on board a natural resource ob- server under paragraph (3)(B) as are applicable to such vessel. (5)(A) The Secretary shall develop, in con- sultation with the appropriate States, Regional Fishery Management Councils, and other inter- ested parties, the means by which the granting and administration of exemptions under this section shall be integrated and coordinated, to the maximum extent practicable, with existing fishery licenses, registrations, and related pro- grams. (B) The Secretary shall utilize newspapers of general circulation, fishery trade associations, electronic media, and other means of advising commercial fishermen of the provisions of this section and the means by which they can com- ply with its requirements. (C) The Secretary is authorized to charge a fee for the granting of an exemption under this sub- section. The level of fees charged under this sub- paragraph shall not exceed the administrative costs incurred in granting an exemption. Fees collected under this subparagraph shall be avail- able to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred in the granting and administration of exemptions under this section. (c) Compilation of information by vessel owners; contents The owner of each vessel holding an exemption granted under subsection (b) of this section shall regularly compile information which shall be used in a report to be submitted to the Sec- retary at the close of the fishing season or annu- ally, as the Secretary may prescribe. Such re- port shall be submitted in such form as the Sec- retary may require and shall include the fol- lowing: (1) the type of fishery engaged in by the own- er’s vessel; (2) the date and approximate time of any in- cidental taking of a marine mammal, together with the area in which the incidental taking occurred, the fishing gear used at the time of the incidental taking, and the species of fish involved; and (3) for each incidental taking, the number and species of marine mammals involved, whether the marine mammals were deterred from gear or catch, incidentally injured, inci- dentally killed, or lethally removed to protect gear, catch, or human life. If there was no incidental taking of marine mammals during the reporting period, a report stating that fact shall be filed with the Sec- retary. (d) Program for enhancement and verification of information received from vessel owners; confidentiality of information (1) The Secretary shall establish a program to enhance the quality of and verify information received from reports submitted by owners of vessels who have been granted an exemption under subsection (b) of this section. The pro- gram shall include, but not be limited to— (A) education efforts regarding the informa- tion that must be submitted; (B) interviews with fishermen; and (C) other such information gathering and verification activities that will enable the Secretary to determine reliably the nature, type, and extent of the incidental taking of marine mammals that occurs in a fishery. Except to the extent authorized by the provi- sions of subsection (e), the program shall not in- clude placement of observers aboard exempted vessels. (2) Information obtained under this subsection shall be subject to the confidentiality provisions of subsection (j). (e) Observers on board exempted vessels; con- fidentiality of information; authorization of appropriations (1) For each fishery identified under sub- section (b)(1)(A)(i) of this section, the Secretary shall, after consultation with the appropriate Regional Fishery Management Councils, other Federal and State agencies, and other interested parties, and subject to paragraph (6), place ob- servers on board exempted vessels so as to mon- itor not less than 20 percent nor more than 35 percent of the fishing operations by vessels in the fishery to obtain statistically reliable infor- mation on the species and number of marine mammals incidentally taken in the fishery. If the Secretary determines that fewer than 20 per- cent of the fishing operations by vessels in the fishery will be monitored during the course of the fishing season, the Secretary shall imple- ment the alternative observation program de- scribed in subsection (f) to the extent necessary to supplement the observer program described in this subsection. (2) When determining the distribution of ob- servers among fisheries and between vessels in a particular fishery, the Secretary shall be guided by the following standards: (A) the requirement to obtain the best sci- entific information available; Page 1797 TITLE 16—CONSERVATION § 1383a 1 So in original. Probably should not be capitalized. (B) the requirement that assignment of ob- servers is fair and equitable among fisheries and among vessels in a fishery; (C) consistent with paragraph (1), the re- quirement that no individual person or vessel, or group of persons or vessels, be subject to ex- cessive or overly burdensome observer cov- erage; and (D) where practicable, the need to minimize costs and avoid duplication. (3) If the Secretary finds that, for reasons be- yond his or her control, the Secretary cannot as- sign observers to all the fisheries identified under subsection (b)(1)(A)(i) of this section at the level of observer coverage set forth in para- graph (1), the Secretary shall allocate available observers among such fisheries, consistent with paragraph (2), according to the following pri- ority: (A) those fisheries that incidentally take marine mammals from any population stock designated as depleted; (B) those fisheries that incidentally take marine mammals from population stocks that the Secretary believes are declining; (C) those fisheries other than those de- scribed in subparagraphs (A) and (B) in which the greatest incidental take of marine mam- mals occur; and (D) any other fishery identified under sub- section (b)(1)(A)(i). The Secretary may, with the consent of the ves- sel owner, station an observer on board a vessel engaged in a fishery not identified under sub- section (b)(1)(A)(i). (4) Information gathered by observers shall be subject to the provisions of subsection (j). Con- sistent with the requirements of paragraph (1), the Secretary shall, if requested by the Appro- priate 1 Regional Fishery Management Council, or in the case of a State fishery, the State, re- quire observers to collect additional informa- tion, including but not limited to the quantities, species, and physical condition of target and non-target fishery resources and, if requested by the Secretary of the Interior, seabirds. (5) Notwithstanding the provisions of para- graph (4), the Secretary may decline to require observers to collect information described in such paragraph, if the Secretary finds in writ- ing, following public notice and opportunity for comment, that such information will not con- tribute to the protection of marine mammals or the understanding of the marine ecosystem, in- cluding fishery resources and seabirds. (6) The Secretary shall not be required to place an observer on a vessel in a fishery if the Secretary finds that— (A) in a situation where harvesting vessels are delivering fish to a processing vessel and the catch is not taken on board the harvesting vessel, statistically reliable information can be obtained from an observer on board the processing vessel to which the fish are deliv- ered; (B) the facilities of a vessel for the quar- tering of an observer, or for carrying out ob- server functions, are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopard- ized; or (C) for reasons beyond the control of the Secretary, an observer is not available. (7)(A) An observer on a vessel (or the observ- er’s personal representative) under the require- ments of this section or section 1374 of this title that is ill, disabled, injured, or killed from serv- ice as an observer on that vessel may not bring a civil action under any law of the United States for that illness, disability, injury, or death against the vessel or vessel owner, except that a civil action may be brought against the vessel owner for the owner’s willful misconduct. (B) This paragraph does not apply if the ob- server is engaged by the owner, master, or indi- vidual in charge of a vessel to perform any du- ties in service to the vessel. (8) There are authorized to be appropriated to the Department of Commerce for the purposes of carrying out this subsection not to exceed $2,700,000 for fiscal year 1989 and not to exceed $8,000,000 for each of the fiscal years 1990, 1991, 1992, and 1993. (f) Alternative observation program (1) The Secretary shall establish an alter- native observation program to provide statis- tically reliable information on the species and number of marine mammals incidentally taken in those fisheries identified pursuant to sub- section (b)(1)(A)(i) of this section for which the required level of observer coverage has not been met or for any other fisheries about which such reliable information is not otherwise available. The alternative program shall include, but not be limited to, direct observation of fishing ac- tivities from vessels, airplanes, or points on shore. (2) Individuals engaged in the alternative ob- servation program shall collect scientific infor- mation on the fisheries subject to observation, consistent with the requirements of paragraph (1) and subsection (e)(4) and (5). All information collected shall be subject to the provisions of subsection (j). (g) Review of information and evaluation of ef- fects of incidental taking on population stocks of marine mammals; promulgation of emergency regulations to mitigate immediate and significant adverse impacts; action to mitigate non-immediate impacts (1) The Secretary shall review information re- garding the incidental taking of marine mam- mals and evaluate the effects of such incidental taking on the affected population stocks of ma- rine mammals. (2) If the Secretary finds, based on the infor- mation received from the programs established under subsections (c), (d), (e), and (f), that the incidental taking of marine mammals in a fish- ery is having an immediate and significant ad- verse impact on a marine mammal population stock or, in the case of Steller sea lions and North Pacific fur seals, that more than 1,350 and 50, respectively, will be incidentally killed dur- ing a calendar year, the Secretary shall consult with appropriate Regional Fishery Management Councils and State fishery managers and pre- Page 1798 TITLE 16—CONSERVATION § 1383a scribe emergency regulations to prevent to the maximum extent practicable any further tak- ing. Any emergency regulations prescribed under this paragraph— (A) shall, to the maximum extent prac- ticable, avoid interfering with existing State or regional fishery management plans; (B) shall be published in the Federal Reg- ister together with the reasons therefor; (C) shall remain in effect for not more than one hundred and eighty days or until the end of the fishing season, whichever is earlier; and (D) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termination if the Sec- retary determines the reasons for the emer- gency regulations no longer exist. In prescribing emergency regulations under this paragraph, the Secretary shall take into ac- count the economics of the fishery concerned and the availability of existing technology to prevent or minimize incidental taking of marine mammals. (3) If the Secretary finds, based on information received from the programs established under subsections (c), (d), (e), and (f), that incidental taking of marine mammals in a fishery is not having an immediate and significant adverse impact on a marine mammal population stock but that it will likely have a significant adverse impact over a period of time longer than one year, the Secretary shall request the appro- priate Regional Fishery Management Council or State to initiate, recommend, or take such ac- tion within its authority as it considers nec- essary to mitigate the adverse impacts, includ- ing adjustments to requirements on fishing times or areas or the imposition of restrictions on the use of vessels or gear. (4) The Secretary shall impose appropriate conditions and restrictions on an exemption granted under subsection (b) if— (A) a Regional Fishery Management Council or State does not act in a reasonable period of time on a request made by the Secretary under paragraph (3); or (B) if the Secretary determines after notice and opportunity for public comment that the purposes of this section would be better served by such action. (h) Information and management system for processing and analyzing reports and infor- mation; accessibility to public The Secretary shall design and implement an information management system capable of processing and analyzing reports received from the programs established under subsections (c), (d), (e), and (f), and other relevant sources, in- cluding Federal and State enforcement authori- ties, marine mammal stranding networks, and the marine mammal researchers. The informa- tion shall be made accessible to the public on a continuing basis, but in any case no later than six months after it is received, subject to the provisions of subsection (j). (i) Utilization of services of State and Federal agencies and private entities When carrying out the Secretary’s responsibil- ities under subsections (b), (d), (e), (f), and (h) of this section, the Secretary shall, to the max- imum extent practicable, utilize the services and programs of State agencies, Federal agen- cies (including programs established by Re- gional Fishery Management Councils), marine fisheries commissions, universities, and private entities, on a reimbursable basis or otherwise. The Secretary is authorized to enter into con- tracts and agreements to carry out his or her re- sponsibilities and shall establish appropriate guidelines to ensure that other programs used or contracted for will meet the same standards as a program established by the Secretary. A per- son contracting with the Secretary to provide observer services under subsection (e) of this section must provide evidence of financial re- sponsibility in an amount and form prescribed by the Secretary to compensate employees (or their survivors) adequately for any illness, dis- ability, injury, or death from service on a vessel. (j) Confidentiality of information; exceptions (1) Any information collected under subsection (c), (d), (e), (f), or (h) of this section shall be con- fidential and shall not be disclosed except— (A) to Federal employees whose duties re- quire access to such information; (B) to State employees pursuant to an agree- ment with the Secretary that prevents public disclosure of the identity or business of any person; (C) when required by court order; or (D) in the case of scientific information in- volving fisheries, to employees of Regional Fishery Management Councils who are respon- sible for fishery management plan develop- ment and monitoring. (2) The Secretary shall prescribe such proce- dures as may be necessary to preserve such con- fidentiality, except that the Secretary shall re- lease or make public any such information in aggregate, summary, or other form which does not directly or indirectly disclose the identity or business of any person. (k) Regulations The Secretary, in consultation with any other Federal agency to the extent that such agency may be affected, shall prescribe such regulations as necessary and appropriate to carry out the purposes of this section. (l) Suggested regime governing incidental taking of marine mammals following termination of interim exemptions (1) The Chairman of the Marine Mammal Com- mission shall, after consultation with interested parties and not later than February 1, 1990, transmit to the Secretary and make available to the public recommended guidelines to govern the incidental taking of marine mammals in the course of commercial fishing operations, other than those subject to section 1374(h)(2) of this title, after October 1, 1993. Such guidelines shall be developed by the Commission and its Com- mittee of Scientific Advisers on Marine Mam- mals and shall— (A) be designed to provide a scientific ra- tionale and basis for determining how many marine mammals may be incidentally taken under a regime to be adopted to govern such taking after October 1, 1993; Page 1799 TITLE 16—CONSERVATION § 1383a 2 See References in Text note below. (B) be based on sound principles of wildlife management, and be consistent with and in furtherance of the purposes and policies set forth in this chapter; and (C) to the maximum extent practicable, in- clude as factors to be considered and utilized in determining permissible levels of such tak- ing— (i) the status and trends of the affected marine mammal population stocks; (ii) the abundance and annual net recruit- ment of such stocks; (iii) the level of confidence in the knowl- edge of the affected stocks; and (iv) the extent to which incidental taking will likely cause or contribute to their de- cline or prevent their recovery to optimum sustainable population levels. (2) The Secretary shall advise the Chairman of the Commission in writing if the Secretary de- termines that any additional information or ex- planation of the Chairman’s recommendations is needed, and the Chairman shall respond in writ- ing to any such request by the Secretary. (3) On or before February 1, 1991, the Sec- retary, after consultation with the Marine Mam- mal Commission, Regional Fishery Management Councils, and other interested governmental and nongovernmental organizations, shall publish in the Federal Register, for public comment, the suggested regime that the Secretary considers should, if authorized by enactment of any addi- tional legislation, govern incidental taking of marine mammals, other than those subject to section 1374(h)(2) of this title, after October 1, 1993. The suggested regime shall include— (A) the scientific guidelines to be used in de- termining permissible levels of incidental tak- ing; (B) a description of the arrangements for consultation and cooperation with other Fed- eral agencies, the appropriate Regional Fish- ery Management Councils and States, the commercial fishing industry, and conservation organizations; and (C) a summary of such regulations and legis- lation as would be necessary to implement the suggested regime. (4) On or before January 1, 1992, the Secretary, after consultation with the Marine Mammal Commission, and consideration of public com- ment, shall transmit to the Committee on Com- merce, Science, and Transportation of the Sen- ate and the Committee on Merchant Marine and Fisheries of the House of Representatives rec- ommendations pertaining to the incidental tak- ing of marine mammals, other than those sub- ject to section 1374(h)(2) of this title, after Octo- ber 1, 1993. The recommendations shall include— (A) the suggested regime developed under paragraph (3) of this subsection as modified after comment and consultations; (B) a proposed schedule for implementing the suggested regime; and (C) such recommendations for additional leg- islation as the Secretary considers necessary or desirable to implement the suggested re- gime. (m) Consultation with Secretary of the Interior The Secretary shall consult with the Sec- retary of the Interior prior to taking actions or making determinations under this section that affect or relate to species or population stocks of marine mammals for which the Secretary of the Interior is responsible under this sub- chapter. (n) Owner of fixed commercial fishing gear deemed owner of vessel engaged in fishery in which gear deployed For the purposes of this section, the owner of fixed or other commercial fishing gear that is deployed with or without the use of a vessel shall be deemed to be an owner of a vessel en- gaged in the fishery in which that gear is de- ployed. (o) Definitions As used in this section— (1) the term ‘‘fishery’’ has the same meaning as it does in section 1802(8) 2 of this title. (2) the term ‘‘Secretary’’ means the Sec- retary of Commerce. (3) the term ‘‘vessel engaged in a fishery’’ means a fishing vessel as defined in section 2101(12) of title 46 or a fish processing vessel as defined in section 2101(13) of that title, which is engaged in fishery. (4) the term ‘‘vessel of the United States’’ has the same meaning as it does in section 1802(27) 2 of this title. (Pub. L. 92–522, title I, § 114, as added Pub. L. 100–711, § 2(a)(2), Nov. 23, 1988, 102 Stat. 4755; amended Pub. L. 103–86, Sept. 30, 1993, 107 Stat. 930; Pub. L. 103–228, Mar. 31, 1994, 108 Stat. 281; Pub. L. 103–238, § 15(a), Apr. 30, 1994, 108 Stat. 559; Pub. L. 104–43, title IV, § 404(a)(1), Nov. 3, 1995, 109 Stat. 390; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 115–232, div. C, title XXXV, § 3541(b)(1), Aug. 13, 2018, 132 Stat. 2323.) Editorial Notes REFERENCES IN TEXT Section 1802 of this title, referred to in subsec. (o)(1), (4), was subsequently amended, and section 1802(8) and (27) no longer defines the terms ‘‘fishery’’ and ‘‘vessel of the United States’’. However, such terms are defined elsewhere in that section. AMENDMENTS 2018—Subsec. (o)(3). Pub. L. 115–232 substituted ‘‘sec- tion 2101(12)’’ for ‘‘section 2101(11a)’’ and ‘‘section 2101(13)’’ for ‘‘section 2101(11b)’’. 1996—Subsecs. (a)(1), (b)(2)(B)(ii), (o)(1), (4). Pub. L. 104–208 made technical amendment to references in original act which appear in text as references to sec- tions 1802(8), (27) and 1824(b) of this title. 1995—Pub. L. 104–43 amended directory language of Pub. L. 103–238. See 1994 Amendment note below. 1994—Subsec. (a)(1). Pub. L. 103–238, as amended by Pub. L. 104–43, substituted ‘‘until superseded by regula- tions prescribed under section 1387 of this title, or until September 1, 1995, whichever is earlier,’’ for ‘‘ending May 1, 1994.’’ Pub. L. 103–228 substituted ‘‘May 1, 1994.’’ for ‘‘April 1, 1994,’’. 1993—Subsec. (a)(1). Pub. L. 103–86 substituted ‘‘April 1, 1994’’ for ‘‘October 1, 1993’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided Page 1800 TITLE 16—CONSERVATION § 1383b 1 So in original. Probably should not be capitalized. that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE OF 1995 AMENDMENT Pub. L. 104–43, title IV, § 404(a)(2), Nov. 3, 1995, 109 Stat. 391, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall be effective on and after April 30, 1994.’’ 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 treat- ed as referring to Committee on Resources of House of Representatives in case of provisions relating to fish- eries, wildlife, international fishing agreements, ma- rine affairs (including coastal zone management) ex- cept 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. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 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 deter- mine 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 re- sponse to a petition for a status review, the Sec- retary shall only make such a determination by issuance of a rule, after notice and opportunity for public comment and after a call for informa- tion in accordance with paragraph (2). (2) The Secretary shall make any determina- tion described in paragraph (1) solely on the basis of the best scientific information avail- able. Prior to the issuance of a proposed rule concerning any such determination, the Sec- retary shall publish in the Federal Register a call to assist the Secretary in obtaining sci- entific information from individuals and organi- zations concerned with the conservation of ma- rine 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 Sec- retary determines to be feasible, informal work- ing groups of interested parties and other meth- ods 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 peti- tion, the Secretary shall publish a finding in the Federal Register as to whether the petition pre- sents substantial information indicating that the petitioned action may be warranted. (C) If the Secretary makes a positive finding under subparagraph (B), the Secretary shall in- clude 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 pre- cluded by other pending status determination petitions and that expeditious progress is being made to process pending status deter- mination petitions under this subchapter. In no case after making a finding under this sub- paragraph shall the Secretary delay com- mencing 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 suffi- ciency or accuracy of the available information relevant to a status determination, the Sec- retary may delay the issuance of a final rule for a period of not more than six months for pur- poses 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 substan- tial 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 determina- tion. (b) Conservation plans; preparation and imple- mentation (1) The Secretary shall prepare conservation plans— (A) By 1 December 31, 1989, for North Pacific fur seals; (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 sub- chapter, 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 con- serving and restoring the species or stock to its optimum sustainable population. The Secretary shall model such plans on recovery plans re- quired under section 1533(f) of this title. (3) The Secretary shall act expeditiously to implement each conservation plan prepared