Page:United States Statutes at Large Volume 100 Part 4.djvu/1155

 t;r PUBLIC LAW 99-625—NOV. 7, 1986

': 100 STAT. 3501

The purpose of the management zone is to (i) facilitate the management of sea otters and the containment of the experimental population within the translocation zone, and (ii) to prevent, to the maximum extent feasible, conflict with other fishery resources within the management zone by the experimental population. Any sea otter found within the management zone shall be treated as a member of the experimental population. The Service shall use all feasible non-lethal means and measures to capture any sea otter found within the management zone and return it to either the translocation zone or to the range of the parent population. (5) Measures, including an adequate funding mechanism, to isolate and contain the experimental population. (6) A description of the relationship of the implementation of the plan to the status of the species under the Act and to determinations of the Secretary under section 7 of the Act. 16 USC 1536. (c) STATUS OF MEMBERS OF THE EXPERIMENTAL POPULATION.—(1)

Any member of the experimental population shall be treated while within the translocation zone as a threatened species for purposes of the Act, except that— (A) section 7 of the Act shall only apply to agency actions that— (i) are undertaken within the translocation zone, (ii) are not defense-related agency actions, and (iii) are initiated after the date of the enactment of this section; and (B) with respect to defense-related actions within the translocation zone, members of the experimental population shall be treated as members of a species that is proposed to be listed under section 4 of the Act. For purposes of this paragraph, the term "defense-related agency action" means an agency action proposed to be carried out directly by a military department. (2) For purposes of section 7 of the Act, any member of the experimental population shall be treated while within the management zone as a member of a species that is proposed to be listed under section 4 of the Act. Section 9 of the Act applies to members of the experimental population; except that any incidental taking of such a member during the course of an otherwise lawful activity within the management zone, may not be treated as a violation of the Act or the Marine Mammal Protection Act of 1972. (d) IMPLEMENTATION OF PLAN.—The Secretary shall implement the plan developed under subsection (b)— (1) after the Secretary provides an opinion under section 7(b) of the Act regarding each prospective action for which consultation was initiated by a Federal agency or requested by a prospective permit or license applicant before April 1, 1986; or (2) if no consultation under section 7(a)(2) or (3) regarding any prospective action is initiated or requested by April 1, 1986, at any time after that date. (e) CONSULTATION AND EFFECT OF OPINION.—A Federal agency

shall promptly consult with the Secretary, under section 7(a)(3) of the Act, at the request of, and in cooperation with, any permit or license applicant regarding any prospective action. The time limitations applicable to consultations under section 7(a)(2) of the Act apply to consultations under the preceding sentence. In applying section 7(b)(3)(B) with respect to an opinion on a prospective action

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16 USC 1533.

16 USC 1538.

16 USC 1361 note.

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