Federal · Title 16 — Conservation

16 U.S.C. § 1386: Stock assessments

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describe the geographic range of the affected stock, including any seasonal or temporal variation in such range; 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; 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; the approximate number of vessels actively participating in each such fishery; the estimated level of incidental mortality and serious injury of the stock by each such fishery on an annual basis; seasonal or area differences in such incidental mortality or serious injury; and 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; 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 is a strategic stock, with a description of the reasons therefor; and estimate the potential biological removal level for the stock, describing the information used to calculate it, including the recovery factor. 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. Subsequent to the notice of availability required under paragraph (1), if requested by a person to which section 1371(b) of this title 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 . the close of the public comment period on a draft stock assessment or revision thereof; or final action on an agency proceeding pursuant to paragraph (2). at least annually for stocks which are specified as strategic stocks; at least annually for stocks for which significant new information is available; and at least once every 3 years for all other stocks. 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). population estimates and the population status and trends of such stocks; uncertainties and research needed regarding stock separation, abundance, or trends, and factors affecting the distribution, size, or productivity of the stock; uncertainties and research needed regarding the species, number, ages, gender, and reproductive status of marine mammals; 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; 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 any other issue which the Secretary or the groups consider appropriate. The scientific review groups established under this subsection shall not be subject to chapter 10 of title 5. 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. The Secretary may appoint or reappoint individuals to the regional scientific review groups under paragraph (1) as needed. This section shall not affect or otherwise modify the provisions of section 1371(b) of this title .

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