§1383b Status review; conservation plans

Summary

When deciding whether a marine mammal species or stock should be listed as "depleted" or removed from that listing, the Secretary must make that choice by issuing a rule. The decision must be based only on the best scientific information available. Before a proposed rule, the Secretary must publish a call in the Federal Register asking for scientific information from scientists, conservation groups, affected industries, and universities, and may use informal working groups to gather more information. If the Secretary gets a petition asking for a status review, the Secretary will announce the petition in the Federal Register, and within 60 days say whether the petition shows substantial information that the action might be needed. If yes, the Secretary will start a review (or say the review is delayed because other petitions are being handled). Within 210 days of the petition, the Secretary must publish a proposed rule with reasons and give at least 60 days for public comment. A final rule must be issued within 90 days after the comment period ends, though it may be delayed up to six months to gather more information if there is major disagreement. The Secretary may also issue a final rule any time 60 or more days after a positive 60-day finding if delay would pose a significant risk, and must explain the fast decision. The Secretary must make conservation plans: by December 31, 1989 for North Pacific fur seals, by December 31, 1990 for Steller sea lions, and as soon as possible for any species or stock listed as depleted, unless a plan would not help conservation. Each plan must aim to conserve and restore the species or stock to its optimum sustainable population and follow the style of other federal recovery plans. The Secretary must move quickly to put plans into action and report each year on what was done. If a take reduction plan is needed to cut incidental catches in commercial fishing, that plan must be included in the conservation plan.