take plan will address, or the fishing practices in-
volved in the incidental lethal taking of such species.
Members shall include representatives of Federal
agencies, each coastal State which has fisheries
which interact with the species or stock, appropriate
Regional Fishery Management Councils, interstate
fisheries commissions, academic and scientific orga-
nizations, environmental groups, all commercial and
recreational fisheries groups and gear types which
incidentally take the species or stock, Alaska Native
organizations or Indian tribal organizations, and
others as the Secretary deems appropriate. Take re-
duction teams shall, to the maximum extent prac-
ticable, consist of an equitable balance among rep-
resentatives of resource user interests and nonuser
interests.
‘‘(4) Take reduction teams shall not be subject
to the Federal Advisory Committee Act (5 App.
U.S.C.). Meetings of take reduction teams shall be
open to the public, and prior notice of meetings shall
be made public in a timely fashion.
‘‘(5) Members of take reduction teams shall
serve without compensation. Members of take reduc-
tion teams who are not Federal or State government
employees shall be reimbursed by the Secretary,
upon request, for reasonable travel costs and ex-
penses incurred in performing their obligations.
‘‘(f) TAKE REDUCTION PLANS.—
‘‘(1) The Secretary shall issue take reduction
plans for marine mammal stocks in accordance with
this subsection. The immediate goal of a take reduc-
tion plan shall be reduce, within 1 year of its imple-
mentation, the lethal take or serious injury of ma-
rine mammals incidentally taken in the course of
commercial fishing operations to levels less than the
potential biological removal level established in this
section. The long-term goal of the plan shall be to
reduce, within 5 years of its implementation, the le-
thal take or serious injury of marine mammals inci-
dentally taken in the course of commercial fishing
operations to insignificant levels approaching a zero
mortality and serious injury rate, taking into ac-
count the economics of the fishery, the availability of
existing technology, and existing State or regional
fishery management plans.
‘‘(2) 2 years after the issuance of the general
authorization under subsection (d), the Secretary
shall review the progress, by fishery, toward reduc-
ing incidental lethal takes and serious injury of ma-
rine mammals in the course of commercial fishing
operations to insignificant levels approaching a zero
mortality and serious injury rate. The Secretary
shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the
House of Representatives a report setting forth the
results of such review within 1 year after commence-
ment of the review.
‘‘(3) The Secretary shall give priority to the de-
velopment of take reduction plans for marine mam-
mal stocks or species—
‘‘(A) which are specified as strategic stocks
and which are incidentally taken in fisheries
listed under subsection (d)(2)(A)(i);
‘‘(B) which are specified as strategic stocks
and which are incidentally taken in fisheries
listed under subsection (d)(2)(A)(ii); and
‘‘(C) which are not specified as strategic
stocks but which the Secretary finds are ap-
proaching strategic stock status.
‘‘(4) Each take reduction plan shall include—
‘‘(A) a review of the information in the
final stock assessment published under sub-
section (c) and any new information;
‘‘(B) an estimate of the total number and,
if possible, age and gender, of animals from the
stock that are being incidentally lethally taken
each year during the course of commercial fish-
ing operations, by fishery;
‘‘(C) recommended regulatory or voluntary
measures for the reduction of incidental lethal
takes; and
‘‘(D) recommended dates for achieving the
specific objectives of the plan.
‘‘(5) Recommended take reduction plans devel-
oped by a take reduction team under this subsection
for submission to the Secretary shall be developed by
consensus. In the event that a consensus cannot be
reached, the team shall advise the Secretary on the
range of possibilities considered by the team, and
the views of both the majority and the minority. The
Secretary shall then propose a take reduction plan
consistent with the provisions of this subsection.
‘‘(6) In the case of those marine mammal spe-
cies or stocks which are specified as strategic stocks
in final stock assessments under subsection (c), the
following provisions apply:
‘‘(A) Not later than 6 months after the
date of establishment of a take reduction team
for that stock, the take reduction team shall
recommend a take reduction plan to the Sec-
retary, consistent with the other provisions of
this subsection.
‘‘(B) The Secretary shall consider the rec-
ommended take reduction plan and, not later
than 60 days after the submission of the rec-
ommended take reduction plan, the Secretary
shall publish in the Federal Register the rec-
ommended take reduction plan, any changes
proposed by the Secretary along with the reason
for the proposed changes, and proposed imple-
menting regulations, for public review and com-
ment.
‘‘(C) If the take reduction team does not
recommend a take reduction plan to the Sec-
retary within 6 months, the Secretary shall, not
later than 8 months after the establishment of
the take reduction team, publish in the Federal
Register a proposed take reduction plan and
proposed implementing regulations, for public
review and comment.
‘‘(D) Not later than 60 days after the close
of the comment period required under this
paragraph, the Secretary shall issue a final take
reduction plan and implementing regulations,
consistent with the other provisions of this sub-
section. If the Secretary rejects or significantly
modifies a plan recommended under subpara-
graph (B), the Secretary shall notify the take
reduction team and specify in writing the rea-
sons for the rejection or modification.
‘‘(E) The Secretary and the take reduction
team shall meet every 6 months to monitor the
implementation of the take reduction plan until
such time as the Secretary determines that
meetings are no longer necessary.
‘‘(7) In the case of those marine mammal spe-
cies or stocks which are not specified as strategic
stocks in final stock assessments under subsection
(c), the following provisions apply:
‘‘(A) Within 11 months after the establish-
ment of the take reduction team, the team shall
recommend a take reduction plan for that stock
to the Secretary, consistent with the other pro-
visions of this subsection.
‘‘(B) The Secretary shall consider the rec-
ommended take reduction plan and, not later
than 60 days after the submission of the rec-
ommended take reduction plan, the Secretary
shall publish in the Federal Register the rec-
ommended take reduction plan, any changes
proposed by the Secretary along with the reason
for the proposed changes, and proposed imple-
menting regulations for public review and com-
ment.
‘‘(C) If the take reduction team does not
recommend a take reduction plan to the Sec-
retary within 11 months, the Secretary shall,
not later than 13 months after the establish-
ment of the take reduction team, publish in the
Federal Register a proposed take reduction
plan and implementing regulations for public
review and comment.
‘‘(D) Not later than 60 days after the close
of the comment period required under this
paragraph, the Secretary shall issue a final take
reduction plan and implementing regulations,
consistent with the other provisions of this sub-
section. If the Secretary rejects or significantly
modifies a plan recommended under subpara-
graph (B), the Secretary shall notify the take
reduction team and specify in writing the rea-
sons for the rejection or modification.
‘‘(E) The Secretary and the take reduction
team shall meet on an annual basis to monitor
the implementation of the take reduction plan
until such time as the Secretary determines
that meetings are no longer necessary.
‘‘(8) If a take reduction plan does not achieve
its immediate goal of reducing incidental lethal takes
in the course of commercial fishing operations to lev-
els less than the potential biological removal level
within 1 year, or its long-term goal of reducing inci-
dental lethal takes in the course of commercial fish-
ing operations to insignificant levels approaching a
zero mortality and serious injury rate within 5
years, the Secretary shall, in consultation with the
take reduction team, amend the take reduction plan
and implementing regulations as necessary to
achieve the goal, consistent with the procedures in
this subsection for the issuance of such plans and
regulations.
‘‘(9) In implementing a take reduction plan is-
sued pursuant to this subsection, the Secretary may
promulgate regulations which include measures
which—
‘‘(A) establish fishery-specific limits on in-
cidental lethal takes;
retary believes may be contributing to such adverse
impact, the Secretary shall—
‘‘(i) prescribe emergency regulations to re-
duce such incidental lethal take and serious in-
jury in that fishery, to the extent necessary to
mitigate such adverse impact;
‘‘(ii) immediately review the stock assess-
ment for such stock or species and the classi-
fication 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, place observers on vessels
in a commercial fishery listed under subsection
(d)(2)(A)(iii), if the Secretary has reason to be-
lieve such vessels may be causing the incidental
lethal take and serious injury to marine mam-
mals from such stock and the vessel owner
agrees to take an observer on board.
‘‘(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 Councils, State fishery managers, and the
appropriate take reduction team (if established).