Page:United States Statutes at Large Volume 102 Part 5.djvu/757

 PUBLIC LAW 100-711—NOV. 23, 1988

102 STAT. 4763

"(C) such recommendations for additional legislation as the Secretary considers necessary or desirable to implement the suggested regime. "(m) The Secretary shall consult with the Secretary of the Interior prior to taking actions or making determinations under this section that affect or relate to species or population stocks of marine mammals for which the Secretary of the Interior is responsible under this title. "(n) For the purposes of this section, the owner of fixed or other commercial fishing gear that is deployed with or without the use of a vessel shall be deemed to be an owner of a vessel engaged in the fishery in which that gear is deployed. "(o) As used in this section— "(1) the term 'fishery' has the same meaning as it does in section 3(8) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802(8)). "(2) the term 'Secretary' means the Secretary of Commerce. "(3) the term 'vessel engaged in a fishery' means a fishing vessel as defined in section 2101(1 la) of title 46, United States Code, or a fish processing vessel as defined in section 2101(1 lb) of that title, which is engaged in fishery. "(4) the term 'vessel of the United States' has the same meaning as it does in section 3(27) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802(27)).". (b) Section 102(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1372(a)) is amended by striking "and 113" and inserting in lieu thereof the following: "113, and 1 U. (c) The table of contents contained in the first section of the Marine Mammal Protection Act of 1972 is amended by striking: "Sec. 114. Authorization of Appropriations."

and inserting in lieu thereof the following: "Sec. 114. Interim Exemption for Commercial Fisheries. "Sec. 115. Status Review; Conservation Plans. "Sec. 116. Authorization of Appropriations.". STATUS REVIEW

SEC. 3. (a) The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is amended by inserting immediately after section 114, as added by section 2 of this Act, the following new section: "STATUS REVIEW; CONSERVATION PLANS

"SEC. 115. (a)(1) In any action by the Secretary to determine if a species or stock should be designated as depleted, or should no longer be designated as depleted, regardless of whether such action is taken on the initiative of the Secretary or in response to a petition for a status review, the Secretary shall only make such a determination by issuance of a rule, after notice and opportunity for public comment and after a call for information in accordance with paragraph (2). "(2) The Secretary shall make any determination described in paragraph (1) solely on the basis of the best scientific information available. Prior to the issuance of a proposed rule concerning any such determination, the Secretary shall publish in the Federal Register a call to assist the Secretary in obtaining scientific information from individuals and organizations concerned with the con-

le USC 1383b.

Federal Register, publication.

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