§1386 Stock assessments

Summary

The Secretary must prepare a draft stock assessment for every marine mammal stock in U.S. waters by not later than August 1, 1994. Each draft must, using the best science available, say where the stock lives (including seasonal moves); give minimum population size, productivity rates, and current trend with supporting information; estimate annual human-caused deaths and serious injuries by source and, for stocks called “strategic,” other factors hurting recovery such as habitat or prey effects; describe commercial fisheries that interact with the stock (including number of vessels, estimated incidental deaths/injuries by fishery, seasonal or area differences, and the rate per unit effort with an analysis of whether it is insignificant); state whether the stock’s human-caused mortality is unlikely to drive it below its optimum level or is a strategic stock (with reasons); and estimate the potential biological removal level and the recovery factor used. The Secretary must publish a Federal Register notice and a summary when a draft is available, allow 90 days for public comment, hold an on-the-record proceeding if requested by a person covered by section 1371(b), and publish a final assessment or revision within 90 days after comment closes or after final action on any proceeding. The Secretary must review assessments at least annually for strategic stocks and for stocks with major new information, and at least once every 3 years for other stocks, and revise them if status has changed. The Secretary must establish three independent regional scientific review groups (Alaska; Pacific Coast, including Hawaii; and Atlantic Coast, including the Gulf of Mexico) not later than 60 days after April 30, 1994, after consulting Interior, the Marine Mammal Commission, affected Governors and regional authorities, Alaska Native organizations and tribes, and environmental and fishery groups. These unpaid groups of experts will advise on population estimates, research needs, gear changes to reduce bycatch, habitat impacts, and related issues. The groups are not subject to chapter 10 of title 5. The requirements do not affect section 1371(b).