16 U.S.C. § 1386 — Stock assessments

(a) General rule. By August 1, 1994, the Secretary^*, consulting the appropriate regional scientific review group, must prepare a draft assessment for every marine-mammal stock^* occurring in United States^*-jurisdiction waters. Based on the best available science, each assessment must:
(1) describe the stock’s geographic range, including seasonal or time-based changes;
(2) give its minimum population estimate^*, current and maximum net productivity rates, current trend, and the information supporting them;
(3) estimate annual human-caused mortality and serious injury by source and, for a strategic stock^*, describe other causes of decline or barriers to recovery, including habitat and prey effects;
(4) describe interacting commercial fisheries, including (A) approximate participating vessels, (B) annual incidental mortality and serious injury by fishery^*, (C) seasonal or area differences, and (D) the rate per appropriate fishing-effort unit and an analysis of whether the level is insignificant and approaching zero mortality and serious injury;
(5) classify the stock as one whose human-caused mortality and serious injury is not likely to reduce it below optimum sustainable population^*, or as a strategic stock, with reasons; and
(6) estimate potential biological removal and explain the information used, including the recovery factor.

(b) Public comment.
(1) The Secretary must publish Federal Register notice that a draft assessment or revision is available and allow 90 days for public review and comment. The notice must summarize it and list its information sources and published reports.
(2) After that notice, if a person^* covered by section 1371(b) asks, the Secretary must hold a proceeding on the record before publishing a final assessment or revision for a stock subject to taking under section 1371(b).
(3) After considering the best available science, the regional group’s advice, and public comments, the Secretary must publish a Federal Register availability notice and summary of the final assessment or revision within 90 days after the comment period closes or final agency action on the proceeding.

(c) Review and revision. The Secretary must review assessments at least annually for strategic stocks, annually for stocks with significant new information, and once every three years for all other stocks. If a review shows the stock’s status changed or can be determined more accurately, the Secretary must revise the assessment under subsection (b).

(d) Regional scientific review groups.
(1) Within 60 days after April 30, 1994, the Secretary of Commerce, consulting the Secretary of the Interior for mammals under that Secretary’s jurisdiction, the Marine Mammal^* Commission, affected coastal-State Governors, regional fishery and wildlife authorities, Alaska Native organizations and tribes, and environmental and fishery groups, must establish three independent groups for Alaska, the Pacific Coast including Hawaii, and the Atlantic Coast including the Gulf of Mexico. Members must have expertise in marine-mammal biology and ecology, population dynamics and modeling, commercial fishing technology and practices, and stocks taken under section 1371(b). The Secretary should, as far as practicable, balance viewpoints. The groups advise on:
(A) population estimates, status, and trends;
(B) uncertainties and research about stock separation, abundance, trends, and factors affecting distribution, size, or productivity;
(C) uncertainties and research about species, number, age, sex, and reproductive status;
(D) research on fishing-gear and practice changes likely to reduce incidental mortality and serious injury;
(E) actual, expected, or possible effects of habitat destruction, marine pollution, and natural environmental change, and for strategic stocks, conservation^* or management^* steps to reduce those effects; and
(F) other issues the Secretary or groups consider appropriate.
(2) The groups are not subject to chapter 10 of title 5.
(3) Members serve without pay but may, on request, receive reimbursement for reasonable travel costs and expenses.
(4) The Secretary may appoint or reappoint members as needed.

(e) Effect on section 1371(b). This section does not change or modify section 1371(b).