Page:United States Statutes at Large Volume 108 Part 1.djvu/582

 108 STAT. 556 PUBLIC LAW 103-238—APR. 30, 1994 species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be consistent with any recovery plan developed for such species or stock under section 4 of such Act. "(g) EMERGENCY REGULATIONS. — (1) If the Secretary finds that the incidental mortality and serious injury of marine mammals from commercial fisheries is having, or is likely to have, an immediate and significant adverse impact on a stock or species, the Secretary shall take actions as follows: "(A) In the case of a stock or species for which a take reduction plan is in effect, the Secretary shall— "(i) prescribe emergency regulations that, consistent with such plan to the maximum extent practicable, reduce incidental mortality and serious injury in that fishery; and "(ii) approve and implement, on an expedited basis, any amendments to such plan that are recommended by the take reduction team to address such adverse impact. "(B) In the case of a stock or species for which a take reduction plan is being developed, the Secretary shall— "(i) prescribe emergency regulations to reduce such incidental mortality and serious injury in that fishery; and "(ii) approve and implement, on an expedited basis, such plan, which shall provide methods to address such adverse impact if still necessary. "(C) In the case of a stock or species for which a take reduction plsm does not exist and is not being developed, or in the case of a commercial fishery listed under subsection (c)(l)(A)(iii) which the Secretary believes may be contributing to such adverse impact, the Secretary shall— "(i) prescribe emergency regulations to reduce such incidental mortality and serious injury in that fishery, to the extent necessary to mitigate such adverse impact; "(ii) immediately review the stock assessment for such stock or species and the classification of such commercial fishery under this section to determine if a take reduction team should be established; and "(iii) may, where necessary to address such adverse impact on a species or stock listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), place observers on vessels in a commercial fishery listed under subsection (c)(l)(A)(iii), if the Secretary has reason to believe such vessels may be causing the incidental mortality and serious injury to marine mammals from such stock. "(2) Prior to taking action under paragraph (1)(A), (B), or (C), the Secretary shall consult with the Marine Mammal Commission, all appropriate Regional Fishery Management Coiuicils, State fishery managers, and the appropriate take reduction team (if estab- Hshed). Federal pJbliSons "(^^ ^^^^^ ^ published in the Federal Register, together with an explanation thereof; "(B) shall remain in effect for not more than 180 days or until the end of the apphcable commercial fishing season, whichever is earlier; and "(C) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termi-
 * (3) Emergency regulations prescribed under this subsection—

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