1997 US Code
Title 16 - CONSERVATION
CHAPTER 68 - PACIFIC YEW CONSERVATION AND MANAGEMENT
Sec. 4802 - Pacific yew conservation and management

View Metadata

§4802. Pacific yew conservation and management (a) Pacific yew policy

The Secretary of Agriculture and the Secretary of the Interior shall pursue a conservation and management policy with respect to lands and interests in lands under the jurisdiction of the Forest Service or the Bureau of Land Management, which contain the Pacific yew in order to—

(1) provide for the sustainable harvest of Pacific yew, or Pacific yew parts, in accordance with relevant land and resource management plans for the manufacture of taxol; and

(2) provide for the long-term conservation of the Pacific yew in the wild.

(b) Content of policy

The conservation and management policy required by subsection (a) of this section shall ensure that—

(1) in planning harvests of the Pacific yew, priority be given first to areas in which timber has been cut but Pacific yew trees have not been removed, second to areas in which timber is already sold but remains uncut, third to areas scheduled for timber sale in the near future, and fourth to those other areas where commercial and salvage timber sales are allowed under existing laws;

(2) individual Pacific yew trees are utilized with little or no waste;

(3) to the extent that timber harvesters’ health and safety will not be jeopardized, the bark is harvested from Pacific yew trees in timber sale areas before the harvest of other timber resources;

(4) whenever Pacific yew trees are harvested, they are—

(A) cut using methods designed to allow for resprouting from the stump; and

(B) replanted where necessary to maintain the species in the ecosystem; and

(5) timber management and harvest activities are carried out in a manner that will minimize any adverse effects on the survival and regeneration of Pacific yew trees.

(c) Application of policy to timber harvesting (1) Application

The Secretary concerned shall ensure that timber sales awarded after August 7, 1992, and timber sales completed before August 7, 1992, but still unharvested on August 7, 1992, are conducted in accordance with—

(A) the policy expressed in subsection (a) of this section; and

(B) the relevant land and resource management plans of the Secretary concerned.

(2) Consultation under Endangered Species Act

If the Secretary concerned foresees the need to harvest Pacific yew in an area for which an opinion issued under subsection (b)(3)(A) of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) has concluded that a commercial timber sale is likely to jeopardize the continued existence of an endangered or threatened species or destroy or adversely modify critical habitat identified for the species under that Act [16 U.S.C. 1531 et seq.], the Secretary concerned shall immediately initiate consultation under that section to determine the effect on endangered and threatened species and critical habitat of harvesting only Pacific yew trees.

(d) Inventory of Pacific yew

Not later than 6 months after August 7, 1992, each Secretary concerned shall complete the ongoing inventory of Pacific yew on lands under the jurisdiction of the Secretary concerned.

(Pub. L. 102–335, §3, Aug. 7, 1992, 106 Stat. 860.)

References in Text

The Endangered Species Act of 1973, referred to in subsec. (c)(2), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified generally to chapter 35 (§1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

Section Referred to in Other Sections

This section is referred to in sections 4805, 4806 of this title.