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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
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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;
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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
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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.
Representative terms from entire chapter:
relevant species
