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Appendix A Endangered Species Act Amenciments of 1 988 102 STAT. 2306 Oct. 7, 1988 [H.R. 1467] Wildlife. Conservation. PUBLIC LAW 100-478 OCT. 7, 1988 Public Law 100-478 100th Congress An Act To authorize appropriations to carry out the Endangered Species Act of 1973 during fiscal years 1988, 1989, 1990, 1991, and 1992, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I ENDANGERED SPECIES ACT AMENDMENTS OF 1988 SEC. 1001. DEFINITIONS. (a) DEFINITION OF PERSON. Paragraph (13) of section 3 of the Endangered Species Act (16 U.S.C. 1532) is amended to read as follows: "~13) The term 'person' means an individual, corporation, part- nership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; any State, municipality, or political subdivision of a State; or any other entity subject to the jurisdiction of the United States.". (b) DEFINITION OF SECRETARY. Paragraph (15) of section 3 of the Endangered Species Act (16 U.S.C. 1532) is amended by inserting "also" before '`means the Secretary of Agriculture". SEC. 1008. SEA TURTLE CONSERVATION. (a) DELAY OF REGULATIONS. The Secretory of Commerce shall delay the effective date of regulations promulgated on June 29, 1987, relating to sea turtle conservation, until May 1, 1990, in inshore areas, and until May 1, 1989, in offshore areas, with the exception that regulations already in effect in the Canaveral area of Florida shall remain in effect. The regulations for the inshore area shall go into effect beginning May 1, 1990, unless the Secretary determines that other conservation measures are proving equally effective in reducing sea turtle mortality by shrimp trawling. If the Secretary makes such a determination, the Secretary shall modify the regula- tions accordingly. (b) STUDY. (1) IN GENERAL. The Secretary of Commerce shall contract for an independent review of scientific information pertaining to the conservation of each of the relevant species of sea turtles to be conducted by the National Academy of Sciences with such 175
176 Decline of the Sea Turtles individuals not employed by Federal or State government other than employees of State universities and having scientific expertise and special knowledge of sea turtles and activities that may affect adversely sea turtles. (2) PURPOSES OF REVIEW. The purposes of such independent ~ , _ review are- (i) to further long-term conservation of each of the rel- evant species of sea turtles which occur in the waters of the United Statee; (ii) to further knowledge of activities performed in the waters and on the shores of the United States, Mexico and other nations which adversely affect each of the relevant species of sea turtles; (iii) to determine the relative impact which each of the activities found to be having an adverse effect on each of the relevant species of turtles has upon the status of each such species; (iv) to assist in identifying appropriate conservation and recovery measures to address each of the activities which affect adversely each of the relevant species of sea turtles; (v) to assist in identifying appropriate reproductive meas- ures which will aid in the conservation of each of the relevant species of sea turtles; (vi) in particular to assist in determining whether more or lem stringent measures to reduce the drowning of sea turtles in shrimp nets are necessary and advisable to pro- vide for the conservation of each of the relevant species of sea turtles and whether such measures should be applicable to inshore and offshore areas as well as to various gem graphical locations; and (vii) to furnish information and other forms of assistance to the Secretary for his use in reviewing the status of each of the relevant species of sea turtles and in carrying out other responsibilities contained under this Act and law (3) SCOPE OF REVIEW. The terms and outlines of such independent review shall be determined by a panel to be am pointed by the President of the National Academy of Sciences, except that such review shall include, at a minimum, the following information: (i) estimates of the status, size, age structure and, where possible, sex structure of each of the relevant species of sea turtles; (~) the distribution and concentration, in terms of United States geographic zones, of each of the relevant species of sea turtles (iii) the distribution and concentration of each of the - .. . . . . .. relevant species of sea turtles, in the waters of the United States, Mexico and other nations during the developmen- tal, migratory and reproductive phases of their lives; (iv) identification of all causes of mortality, in the waters and on the shores of the United States, Mexico and other nations for each of the relevant species of sea turtles; (v) estimates of the magnitude and significance of each of the identified causes of turtle mortality;
177 Appendix A (vi) estimates of the magnitude and significance of present or needed headfftart or other programs designed to increase the production and population size of each of the relevant species of sea turtles; (vii) description of the measures taken by Mexico and other nations to conserve each of the relevant species of sea turtles in their waters and on their shores, along with a description of the efforts to enforce these measures and an assessment of the success of these measures; (vat) the identification of nesting and/or reproductive locations for each of the relevant species of sea turtles in the waters and on the shores of the United States, Mexico and other nations and measures that should be undertaken at each location as well as a description of worldwide efforts to protect such species of turtles. (4) CoMp~hmoN AND SUBMISSION OF REVIEW. Such independ- ent review shall be completed after an opportunity is provided for individuals tenth scientific and special knowledge of sea turtles and activities that may affect adversely sea turtles to present relevant information to the panel. It shall then be submitted by the Secretary, together with recommendations by the Secretary in connection therewith, to the Committee on Environment and Public Works of the United States Senate and the Committee on Merchant Marine and Fisheries of the United States House of Representatives on or before April 1, 1989. In the event the independent review cannot be completed by April 1, 1989, then the panel shall give priority to completing the independent review as it applies to the Kemp's ridley sea turtle and submitting the same to the Secretary by that date, or as expeditiously as possible, and thereafter shall complete as expeditiously as possible the remaining work of the independent review. (5) REVIEW OF STATUS. After receipt of any portion of the independent review from the panel, the Secretary shall review the status of each of the relevant species of sea turtles. (6) RECOMMENDATIONS OF SECRETARY. The Secretary, after receipt of any portion of the independent review from the panel, shall consider, along with the requirements of existing law, the following before making recommendations: (i? reports from the panel conducting the independent renew; e ~ · ~ ~ ~ . ~ ~ a ~ (ii) written news and information of interested partners; (in) the review of the status of each of the relevant species of sea turtles; (iv) the relationship of any more or less stringent meas- ures to reduce the drowning of each of the relevant species _ _ _ . . . . . .. .. ~ ~ _ _ of sea turtles in shrimp new to the overall conservation plan for each such species; (v) whether Inca reproductive or other effort in behalf of each of the relevant species of sea turtles would make no longer necessary and advisable present or pro- pceed conservation regulations regarding shrimping nets; (vi) whether certain geographical areas such as, but not
178 Decline of the Sea Turtles limited to, inshore areas and offshore areas, should have more stringent, less stringent or different measures im- ~ upon them in order to reduce the drowning of each of the relevant species of sea turtles in shrimp nets; (vii) other reliable information regarding the relationship between each of the relevant species of sea turtles and shrimp fishing and other activities in the waters of the United States, Mexico and other nations of the world; and Avail the need for improved cooperation among depart- ments, agencies and entities of Federal and State govern- ment, the need for improved cooperation with other nations and the need for treaties or international agreements on a bilateral or multilateral bash. (7) MODIFICATION OF REGULATIONS. For good cause, the Sect retard may modify the regulations promulgated on June 29, 1987, relating to sea turtle conservation, in whole or part, as the Secretary deems advisable. (lo) BECREPARY AND EDUCATIONS EFFORTs. ~ ne Secretary ~ . . . , ~ , _ shall undertake an educational ettort among shrimp nsnermen, ... .. .. ~ . . . ~ ~ _ _ ~ ~ _ _ _ ~ either directly or by contract tenth competent persons or en~l- ties, to instruct fishermen in the usage of the turtle excluder device or any other device which might be imp upon such fishermen; (9) SEA TURTLE COORDINATION. In order to coordinate the protection, conservation, reproductive, educational and recovery efforts with respect to each of the relevant species of sea turtles in accordance with existing law, the National Marine Fisheries Service shall designate an individual as Sea Turtle Coordinator to establish and carry out an effective, long-term sea turtle recovery program. (10) PURPOSE OF THIS SECTION.-Section 8 is intended to assist the Secretary in making recommendations and in carrying out his duties under law. including the Endangered Species Act (16 _ ~ , ~ , . ~ . ~ ~ = ~ ~ U.~.(~. 1581 et seq.), Anti notnmg nerem Direct, mo~l~ or alters the Secretary's powers or responsibilities to review, deter- mine or redetermine, at any time, his obligations under law. (11) DEF'NmoNs. For the purposes of this section, the terms: (i) "relevant species of sea turtles" means the Kemp's ridley sea turtle, United States breeding populations of the loggerhead, the leatherback, and the green sea turtle, and other significant bring populations of the loggerhead, the leatherback and the green sea turtle; (~) "status" means whether a given species of turtle is endangered, threatened or recovered; (iii) "size" means the size of a given species of sea turtle; and (iv) "age and sex structure" shall be considered to mean the distribution of juveniles, subadults and adults within a given species or population of sea turtles, and males and females within a given species or population of sea turtles. (C) AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of Commerce $1,500,000 through fiscal year 1989 to carry out this section.