Page:United States Statutes at Large Volume 102 Part 5.djvu/752

 102 STAT. 4758

Classified information.

PUBLIC LAW 100-711—NOV. 23, 1988

deterred from gear or catch, incidentally injured, incidentally killed, or lethally removed to protect gear, catch, or human life. If there was no incidental taking of marine mammals during the reporting period, a report stating that fact shall be filed with the Secretary. "(d)(1) The Secretary shall establish a program to enhance the quality of and verify information received from reports submitted by owners of vessels who have been granted an exemption under subsection (b) of this section. The program shall include, but not be limited to— "(A) education efforts regarding the information that must be submitted; "(B) interviews with fishermen; and "(C) other such information gathering and verification activities that will enable the Secretary to determine reliably the nature, type, and extent of the incidental taking of marine mammals that occurs in a fishery. Except to the extent authorized by the provisions of subsection (e), the program shall not include placement of observers aboard exempted vessels. "(2) Information obtained under this subsection shall be subject to the Confidentiality provisions of subsection 0)"(e)(1) For each fishery identified under subsection (b)(l)(A)(i) of this section, the Secretary shall, after consultation with the appropriate Regional Fishery Management Councils, other Federal and State agencies, and other interested parties, and subject to paragraph (6), place observers on board exempted vessels so as to monitor not less than 20 percent nor more than 35 percent of the fishing operations by vessels in the fishery to obtain statistically reliable information on the species and number of marine mammals incidentally taken in the fishery. If the Secretary determines that fewer than 20 percent of the fishing operations by vessels in the fishery will be monitored during the course of the fishing season, the Secretary shall implement the alternative observation program described in subsection (f) to the extent necessary to supplement the observer program described in this subsection. "(2) When determining the distribution of observers among fisheries and between vessels in a particular fishery, the Secretary shall be guided by the following standards: "(A) the requirement to obtain the best scientific information available; "(B) the requirement that assignment of observers is fair and equitable among fisheries and among vessels in a fishery; "(C) consistent with paragraph (1), the requirement that no individual person or vessel, or group of persons or vessels, be subject to excessive or overly burdensome observer coverage; and "(D) where practicable, the need to minimize costs and avoid duplication. "(3) If the Secretary finds that, for reasons beyond his or her control, the Secretary cannot assign observers to all the fisheries identified under subsection (b)(l)(A)(i) of this section at the level of observer coverage set forth in paragraph (1), the Secretary shall allocate available observers among such fisheries, consistent with paragraph (2), according to the following priority: "(A) those fisheries that incidentally take marine mammals from any population stock designated as depleted;

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