Page:United States Statutes at Large Volume 108 Part 1.djvu/589

 PUBLIC LAW 103-238—APR. 30, 1994 108 STAT. 563 the pinniped interaction that the apphcation addresses, representatives of affected conservation and fishing community organizations, Indian Treaty tribes, the States, and such other organizations as the Secretary deems appropriate. "(3) Within 60 days after establishment, and after reviewing public comments in response to the Federal Register notice under paragraph (1), the Pinniped-Fishery Interaction Task Force shall— "(A) recommend to the Secretary whether to approve or deny the proposed intentional lethal taking of the pinniped or pinnipeds, including along with the recommendation a description of the specific pinniped individual or individuals, the proposed location, time, and method of such taking, criteria for evaluating the success of the action, and the duration of the intentional lethal tsiking authority; and "(B) suggest nonlethal alternatives, if available and practicable, including a recommended course of action. "(4) Within 30 days after receipt of recommendations from the Pinniped-Fishery Interaction Task Force, the Secretary shall either approve or deny the application. If such apphcation is approved, the Secretary shall immediately take steps to implement the intentional lethal taking, which shall be performed by Federal or State agencies, or qualified individuals under contract to such agencies. "(5) After implementation of an approved apphcation, the Pinniped-Fishery Interaction Task Force shall evaluate the effectiveness of the permitted intentional lethal taking or alternative actions implemented. If implementation was ineffective in eliminating the problem interaction, the Task Force shall recommend additional actions. If the implementation was effective, the Task Force shall so advise the Secretary, and the Secretary shall disband the Task Force. "(d) CONSIDERATIONS.— In considering whether an application should be approved or denied, the Pinniped-Fishery Interaction Task Force and the Secretary shall consider— "(1) population trends, feeding habits, the location of the pinniped interaction, how and when the interaction occurs, and how many individual pinnipeds are involved; "(2) past efforts to nonlethally deter such pinnipeds, and whether the applicant has demonstrated that no feasible and prudent alternatives exist and that the apphcant has taken all reasonable nonlethal steps without success; "(3) the extent to which such pinnipeds are causing undue injury or impact to, or imbalance with, other species in the ecosystem, including fish populations; and "(4) the extent to which such pinnipeds are exhibiting behavior that presents an ongoing threat to public safety. "(e) LIMITATION.— The Secretary shall not approve the intentional lethal taking of any pinniped from a species or stock that is— "(1) listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); "(2) depleted under this Act; or "(3) a strategic stock. "(f) CALIFORNIA SEA LIONS AND PACIFIC HARBOR SEALS; INVES- Washington. TIGATION AND REPORT. — Oregon.

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