---
kind: "section"
citation: "16 U.S.C. § 1383b"
title: "16"
title_heading: "Conservation"
number: "1383b"
heading: "Status review; conservation plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1383b"
units:
  - "Chapter 31 — Marine Mammal Protection"
  - "Subchapter II — Conservation and Protection of Marine Mammals"
---

# §1383b. Status review; conservation plans

- (a) **Determinations by rule; notice and hearing; findings; final rule on status of species or stock involved—**
  - (1) In any action by the [Secretary](/usc/16/1362.md?p=12-A) to determine if a species or [stock](/usc/16/1362.md?p=11) should be designated as [depleted](/usc/16/1362.md?p=1), or should no longer be designated as [depleted](/usc/16/1362.md?p=1), regardless of whether such action is taken on the initiative of the [Secretary](/usc/16/1362.md?p=12-A) or in response to a petition for a status review, the [Secretary](/usc/16/1362.md?p=12-A) 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)](#a-2).
  - (2) The [Secretary](/usc/16/1362.md?p=12-A) shall make any determination described in [paragraph (1)](#a-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](/usc/16/1362.md?p=12-A) shall publish in the Federal Register a call to assist the [Secretary](/usc/16/1362.md?p=12-A) in obtaining scientific information from individuals and organizations concerned with the [conservation](/usc/16/1362.md?p=2) of [marine mammals](/usc/16/1362.md?p=6), from [persons](/usc/16/1362.md?p=10) in any industry which might be affected by the determination, and from academic institutions. In [addition](/usc/16/410r–5.md?p=c-2), the [Secretary](/usc/16/1362.md?p=12-A) shall utilize, to the extent the [Secretary](/usc/16/1362.md?p=12-A) determines to be feasible, informal working groups of interested parties and other methods to gather the necessary information.
  - (3)
    - (A) If the [Secretary](/usc/16/1362.md?p=12-A) receives a petition for a status review as described in [paragraph (1)](#a-1), the [Secretary](/usc/16/1362.md?p=12-A) shall publish a notice in the Federal Register that such a petition has been received and is available for public review.
    - (B) Within sixty days after receipt of the petition, the [Secretary](/usc/16/1362.md?p=12-A) shall publish a finding in the Federal Register as to whether the petition presents substantial information indicating that the petitioned action may be warranted.
    - (C) If the [Secretary](/usc/16/1362.md?p=12-A) makes a positive finding under [subparagraph (B)](#a-3-B), the [Secretary](/usc/16/1362.md?p=12-A) shall include in the Federal Register notice, a finding that—
      - (i) a review of the status of the species or [stock](/usc/16/1362.md?p=11) will be commenced promptly; or
      - (ii) a prompt review of the petition is precluded by other pending status determination petitions and that expeditious progress is being made to process pending status determination petitions under this subchapter.

      In no case after making a finding under this subparagraph shall the [Secretary](/usc/16/1362.md?p=12-A) delay commencing a review of the status of a species or [stock](/usc/16/1362.md?p=11) for more than one hundred and twenty days after receipt of the petition.

    - (D) No later than two hundred and ten days after the receipt of the petition, the [Secretary](/usc/16/1362.md?p=12-A) shall publish in the Federal Register a proposed rule as to the status of the species or [stock](/usc/16/1362.md?p=11), along with the reasons underlying the proposed status determination. [Persons](/usc/16/1362.md?p=10) shall have at least sixty days to submit comments on such a proposed rule.
    - (E) Not later than ninety days after the close of the comment period on a proposed rule issued under [subparagraph (D)](#a-3-D), the [Secretary](/usc/16/1362.md?p=12-A) shall issue a final rule on the status of the species or [stock](/usc/16/1362.md?p=11) involved, along with the reasons for the status determination. If the [Secretary](/usc/16/1362.md?p=12-A) finds with respect to such a proposed rule that there is substantial disagreement regarding the sufficiency or accuracy of the available information relevant to a status determination, the [Secretary](/usc/16/1362.md?p=12-A) may delay the issuance of a final rule for a period of not more than six months for purposes of soliciting additional information.
    - (F) Notwithstanding subparagraphs (D) and (E) of this paragraph and [section 553 of title 5](/usc/5/553.md), the [Secretary](/usc/16/1362.md?p=12-A) may issue a final rule as to the status of a species or [stock](/usc/16/1362.md?p=11) any time sixty or more days after a positive finding under [subparagraph (B)](#a-3-B) if the [Secretary](/usc/16/1362.md?p=12-A) determines there is substantial information available to warrant such final status determination and further delay would pose a significant risk to the well-being of any species or [stock](/usc/16/1362.md?p=11). Along with the final rule, the [Secretary](/usc/16/1362.md?p=12-A) shall publish in the Federal Register detailed reasons for the expedited determination.
- (b) **Conservation plans; preparation and implementation—**
  - (1) The [Secretary](/usc/16/1362.md?p=12-A) shall prepare [conservation](/usc/16/1362.md?p=2) plans—
    - (A) By[^1] December 31, 1989, for North Pacific fur seals;
    - (B) by December 31, 1990, for Steller sea lions; and
    - (C) as soon as possible, for any species or [stock](/usc/16/1362.md?p=11) designated as [depleted](/usc/16/1362.md?p=1) under this subchapter, except that a [conservation](/usc/16/1362.md?p=2) plan need not be prepared if the [Secretary](/usc/16/1362.md?p=12-A) determines that it will not promote the [conservation](/usc/16/1362.md?p=2) of the species or [stock](/usc/16/1362.md?p=11).
  - (2) Each plan shall have the purpose of conserving and restoring the species or [stock](/usc/16/1362.md?p=11) to its [optimum sustainable population](/usc/16/1362.md?p=9). The [Secretary](/usc/16/1362.md?p=12-A) shall model such plans on recovery plans required under [section 1533(f) of this title](/usc/16/1533.md?p=f).
  - (3) The [Secretary](/usc/16/1362.md?p=12-A) shall act expeditiously to implement each [conservation](/usc/16/1362.md?p=2) plan prepared under [paragraph (1)](#b-1). Each year, the [Secretary](/usc/16/1362.md?p=12-A) shall specify in the annual report prepared under [section 1373(f) of this title](/usc/16/1373.md?p=f) what measures have been taken to prepare and implement such plans.
  - (4) If the [Secretary](/usc/16/1362.md?p=12-A) determines that a [take reduction plan](/usc/16/1362.md?p=24) is necessary to reduce the incidental [taking](/usc/16/3102.md?p=18) of [marine mammals](/usc/16/1362.md?p=6) in the course of commercial fishing operations from a [strategic stock](/usc/16/1362.md?p=19), or for species or [stocks](/usc/16/1362.md?p=11) which interact with a commercial [fishery](/usc/16/1362.md?p=16) for which the [Secretary](/usc/16/1362.md?p=12-A) has made a determination under [section 1387(f)(1) of this title](/usc/16/1387.md?p=f-1), any [conservation](/usc/16/1362.md?p=2) plan prepared under this subsection for such species or [stock](/usc/16/1362.md?p=11) shall incorporate the [take reduction plan](/usc/16/1362.md?p=24) required under [section 1387 of this title](/usc/16/1387.md) for such species or [stock](/usc/16/1362.md?p=11).

## Footnotes

[^1]: So in original. Probably should not be capitalized.

## Source credit

(Pub. L. 92–522, title I, § 115, as added Pub. L. 100–711, § 3(a), Nov. 23, 1988, 102 Stat. 4763; amended Pub. L. 103–238, § 8, Apr. 30, 1994, 108 Stat. 543.)

## Notes

### Editorial Notes

### Amendments

1994—Subsec. (b)(4). Pub. L. 103–238 added par. (4).