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(continued) e 15.
(b) Assistance of other agencies
The Secretary shall actively seek the assistance of other Federal
agencies in the development of fisheries for underutilized species
of the northwest Atlantic Ocean, including, to the extent permitted
by other applicable laws, assistance from the Secretary of
Agriculture in including such underutilized species as agricultural
commodities in the programs of the Foreign Agricultural Service for
which amounts are authorized under the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat.
3359).
(c) Management plans for underutilized species
The New England Fishery Management Council, in consultation with
other appropriate Councils, shall develop fishery management plans
as soon as possible for any underutilized species of the northwest
Atlantic Ocean that is not covered under such a plan, in order to
prevent overfishing of that species.
(d) "Underutilized species" defined
For purposes of this section, the term "underutilized species of
the northwest Atlantic Ocean" means any fish species of the
northwest Atlantic Ocean that is identified, by the Director of the
Northeast Fisheries Center of the National Marine Fisheries
Service, as an underutilized species.

-SOURCE-
(Pub. L. 94-265, title III, Sec. 314, as added Pub. L. 102-567,
title IX, Sec. 902(a), Oct. 29, 1992, 106 Stat. 4317; amended Pub.
L. 104-297, title I, Sec. 117(b), Oct. 11, 1996, 110 Stat. 3604.)

-REFTEXT-
REFERENCES IN TEXT
The Food, Agriculture, Conservation, and Trade Act of 1990,
referred to in subsec. (b), is Pub. L. 101-624, Nov. 28, 1990, 104
Stat. 3359, as amended. For complete classification of this Act to
the Code, see Short Title of 1990 Amendment note set out under
section 1421 of Title 7, Agriculture, and Tables.


-MISC1-
AMENDMENTS
1996 - Subsec. (a)(4). Pub. L. 104-297 substituted "1999" for
"1997".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 15 section 713c-3.

-FOOTNOTE-
(!1) So in original. Probably should be "paragraph".


-End-


-CITE-
16 USC SUBCHAPTER V - FISHERY MONITORING AND RESEARCH 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-
SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-End-



-CITE-
16 USC Sec. 1881 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-
Sec. 1881. Registration and information management

-STATUTE-
(a) Standardized fishing vessel registration and information
management system
The Secretary shall, in cooperation with the Secretary of the
department in which the Coast Guard is operating, the States, the
Councils, and Marine Fisheries Commissions, develop recommendations
for implementation of a standardized fishing vessel registration
and information management system on a regional basis. The
recommendations shall be developed after consultation with
interested governmental and nongovernmental parties and shall -
(1) be designed to standardize the requirements of vessel
registration and information collection systems required by this
chapter, the Marine Mammal Protection Act (16 U.S.C. 1361 et
seq.), and any other marine resource law implemented by the
Secretary, and, with the permission of a State, any marine
resource law implemented by such State;
(2) integrate information collection programs under existing
fishery management plans into a non-duplicative information
collection and management system;
(3) avoid duplication of existing State, tribal, or Federal
systems and shall utilize, to the maximum extent practicable,
information collected from existing systems;
(4) provide for implementation of the system through
cooperative agreements with appropriate State, regional, or
tribal entities and Marine Fisheries Commissions;
(5) provide for funding (subject to appropriations) to assist
appropriate State, regional, or tribal entities and Marine
Fisheries Commissions in implementation;
(6) establish standardized units of measurement, nomenclature,
and formats for the collection and submission of information;
(7) minimize the paperwork required for vessels registered
under the system;
(8) include all species of fish within the geographic areas of
authority of the Councils and all fishing vessels including
charter fishing vessels, but excluding recreational fishing
vessels;
(9) require United States fish processors, and fish dealers and
other first ex-vessel purchasers of fish that are subject to the
proposed system, to submit information (other than economic
information) which may be necessary to meet the goals of the
proposed system; and
(10) include procedures necessary to ensure -
(A) the confidentiality of information collected under this
section in accordance with section 1881a(b) of this title; and
(B) the timely release or availability to the public of
information collected under this section consistent with
section 1881a(b) of this title.
(b) Fishing vessel registration
The proposed registration system should, at a minimum, obtain the
following information for each fishing vessel -
(1) the name and official number or other identification,
together with the name and address of the owner or operator or
both;
(2) gross tonnage, vessel capacity, type and quantity of
fishing gear, mode of operation (catcher, catcher processor, or
other), and such other pertinent information with respect to
vessel characteristics as the Secretary may require; and
(3) identification (by species, gear type, geographic area of
operations, and season) of the fisheries in which the fishing
vessel participates.
(c) Fishery information
The proposed information management system should, at a minimum,
provide basic fisheries performance information for each fishery,
including -
(1) the number of vessels participating in the fishery
including charter fishing vessels;
(2) the time period in which the fishery occurs;
(3) the approximate geographic location or official reporting
area where the fishery occurs;
(4) a description of fishing gear used in the fishery,
including the amount and type of such gear and the appropriate
unit of fishing effort; and
(5) other information required under subsection (!1) 1853(a)(5)
of this title or requested by the Council under section 1881a of
this title.

(d) Use of registration
Any registration recommended under this section shall not be
considered a permit for the purposes of this chapter, and the
Secretary may not propose to revoke, suspend, deny, or impose any
other conditions or restrictions on any such registration or the
use of such registration under this chapter.
(e) Public comment
Within one year after October 11, 1996, the Secretary shall
publish in the Federal Register for a 60-day public comment period
a proposal that would provide for implementation of a standardized
fishing vessel registration and information collection system that
meets the requirements of subsections (a) through (c) of this
section. The proposal shall include -
(1) a description of the arrangements of the Secretary for
consultation and cooperation with the department in which the
Coast Guard is operating, the States, the Councils, Marine
Fisheries Commissions, the fishing industry and other interested
parties; and
(2) any proposed regulations or legislation necessary to
implement the proposal.
(f) Congressional transmittal
Within 60 days after the end of the comment period and after
consideration of comments received under subsection (e) of this
section, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Resources of the House of Representatives a recommended proposal
for implementation of a national fishing vessel registration system
that includes -
(1) any modifications made after comment and consultation;
(2) a proposed implementation schedule, including a schedule
for the proposed cooperative agreements required under subsection
(a)(4) of this section; and
(3) recommendations for any such additional legislation as the
Secretary considers necessary or desirable to implement the
proposed system.
(g) Report to Congress
Within 15 months after October 11, 1996, the Secretary shall
report to Congress on the need to include recreational fishing
vessels into a national fishing vessel registration and information
collection system. In preparing its report, the Secretary shall
cooperate with the Secretary of the department in which the Coast
Guard is operating, the States, the Councils, and Marine Fisheries
Commissions, and consult with governmental and nongovernmental
parties.

-SOURCE-
(Pub. L. 94-265, title IV, Sec. 401, as added Pub. L. 104-297,
title II, Sec. 202, Oct. 11, 1996, 110 Stat. 3605.)

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1) and (d), was in the
original "this Act", meaning Pub. L. 94-265, Apr. 13, 1976, 90
Stat. 331, as amended, known as the Magnuson-Stevens Fishery
Conservation and Management Act, which is classified principally to
this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 1801 of this title and
Tables.
The Marine Mammal Protection Act, referred to in subsec. (a)(1),
probably means the Marine Mammal Protection Act of 1972, Pub. L.
92-522, Oct. 21, 1972, 86 Stat. 1027, as amended, which is
classified generally to chapter 31 (Sec. 1361 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1361 of this title and
Tables.


-MISC1-
PRIOR PROVISIONS
A prior section 1881, Pub. L. 94-265, title IV, Sec. 401, Apr.
13, 1976, 90 Stat. 359, related to authority to amend regulations
to conform to Law of the Sea Treaty, prior to repeal by Pub. L.
99-659, title I, Sec. 110, Nov. 14, 1986, 100 Stat. 3715.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1881c of this title.

-FOOTNOTE-
(!1) So in original. Probably should be "section".


-End-



-CITE-
16 USC Sec. 1881a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-
Sec. 1881a. Information collection

-STATUTE-
(a) Council requests
If a Council determines that additional information (other than
information that would disclose proprietary or confidential
commercial or financial information regarding fishing operations or
fish processing operations) would be beneficial for developing,
implementing, or revising a fishery management plan or for
determining whether a fishery is in need of management, the Council
may request that the Secretary implement an information collection
program for the fishery which would provide the types of
information (other than information that would disclose proprietary
or confidential commercial or financial information regarding
fishing operations or fish processing operations) specified by the
Council. The Secretary shall undertake such an information
collection program if he determines that the need is justified, and
shall promulgate regulations to implement the program within 60
days after such determination is made. If the Secretary determines
that the need for an information collection program is not
justified, the Secretary shall inform the Council of the reasons
for such determination in writing. The determinations of the
Secretary under this subsection regarding a Council request shall
be made within a reasonable period of time after receipt of that
request.
(b) Confidentiality of information
(1) Any information submitted to the Secretary by any person in
compliance with any requirement under this chapter shall be
confidential and shall not be disclosed, except -
(A) to Federal employees and Council employees who are
responsible for fishery management plan development and
monitoring;
(B) to State or Marine Fisheries Commission employees pursuant
to an agreement with the Secretary that prevents public
disclosure of the identity or business of any person;
(C) when required by court order;
(D) when such information is used to verify catch under an
individual fishing quota program;
(E) that observer information collected in fisheries under the
authority of the North Pacific Council may be released to the
public as specified in a fishery management plan or regulation
for weekly summary bycatch information identified by vessel, and
for haul-specific bycatch information without vessel
identification; or
(F) when the Secretary has obtained written authorization from
the person submitting such information to release such
information to persons for reasons not otherwise provided for in
this subsection, and such release does not violate other
requirements of this chapter.

(2) The Secretary shall, by regulation, prescribe such procedures
as may be necessary to preserve the confidentiality of information
submitted in compliance with any requirement or regulation under
this chapter, except that the Secretary may release or make public
any such information in any aggregate or summary form which does
not directly or indirectly disclose the identity or business of any
person who submits such information. Nothing in this subsection
shall be interpreted or construed to prevent the use for
conservation and management purposes by the Secretary, or with the
approval of the Secretary, the Council, of any information
submitted in compliance with any requirement or regulation under
this chapter or the use, release, or publication of bycatch
information pursuant to paragraph (1)(E).
(c) Restriction on use of certain information
(1) The Secretary shall promulgate regulations to restrict the
use, in civil enforcement or criminal proceedings under this
chapter, the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.), and the Endangered Species Act (16 U.S.C. 1531 et seq.),
of information collected by voluntary fishery data collectors,
including sea samplers, while aboard any vessel for conservation
and management purposes if the presence of such a fishery data
collector aboard is not required by any of such chapter or Acts or
regulations thereunder.
(2) The Secretary may not require the submission of a Federal or
State income tax return or statement as a prerequisite for issuance
of a permit until such time as the Secretary has promulgated
regulations to ensure the confidentiality of information contained
in such return or statement, to limit the information submitted to
that necessary to achieve a demonstrated conservation and
management purpose, and to provide appropriate penalties for
violation of such regulations.
(d) Contracting authority
Notwithstanding any other provision of law, the Secretary may
provide a grant, contract, or other financial assistance on a
sole-source basis to a State, Council, or Marine Fisheries
Commission for the purpose of carrying out information collection
or other programs if -
(1) the recipient of such a grant, contract, or other financial
assistance is specified by statute to be, or has customarily
been, such State, Council, or Marine Fisheries Commission; or
(2) the Secretary has entered into a cooperative agreement with
such State, Council, or Marine Fisheries Commission.
(e) Resource assessments
(1) The Secretary may use the private sector to provide vessels,
equipment, and services necessary to survey the fishery resources
of the United States when the arrangement will yield statistically
reliable results.
(2) The Secretary, in consultation with the appropriate Council
and the fishing industry -
(A) may structure competitive solicitations under paragraph (1)
so as to compensate a contractor for a fishery resources survey
by allowing the contractor to retain for sale fish harvested
during the survey voyage;
(B) in the case of a survey during which the quantity or
quality of fish harvested is not expected to be adequately
compensatory, may structure those solicitations so as to provide
that compensation by permitting the contractor to harvest on a
subsequent voyage and retain for sale a portion of the allowable
catch of the surveyed fishery; and
(C) may permit fish harvested during such survey to count
toward a vessel's catch history under a fishery management plan
if such survey was conducted in a manner that precluded a
vessel's participation in a fishery that counted under the plan
for purposes of determining catch history.

(3) The Secretary shall undertake efforts to expand annual
fishery resource assessments in all regions of the Nation.

-SOURCE-
(Pub. L. 94-265, title IV, Sec. 402, as added Pub. L. 104-297,
title II, Sec. 203, Oct. 11, 1996, 110 Stat. 3607.)

-REFTEXT-
REFERENCES IN TEXT
The Marine Mammal Protection Act of 1972, referred to in subsec.
(c)(1), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as
amended, which is classified generally to chapter 31 (Sec. 1361 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1361 of this title
and Tables.
The Endangered Species Act, referred to in subsec. (c)(1),
probably means the Endangered Species Act of 1973, Pub. L. 93-205,
Dec. 28, 1973, 87 Stat. 884, as amended, which is classified
generally to chapter 35 (Sec. 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.


-MISC1-
PRIOR PROVISIONS
A prior section 402 of Pub. L. 94-265 repealed former sections
1081 to 1086 and 1091 to 1094 of this title, prior to being amended
generally by Pub. L. 104-297.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1852, 1855, 1881 of this
title.

-End-



-CITE-
16 USC Sec. 1881b 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-
Sec. 1881b. Observers

-STATUTE-
(a) Guidelines for carrying observers
Within one year after October 11, 1996, the Secretary shall
promulgate regulations, after notice and opportunity for public
comment, for fishing vessels that carry observers. The regulations
shall include guidelines for determining -
(1) when a vessel is not required to carry an observer on board
because the facilities of such vessel for the quartering of an
observer, or for carrying out observer functions, are so
inadequate or unsafe that the health or safety of the observer or
the safe operation of the vessel would be jeopardized; and
(2) actions which vessel owners or operators may reasonably be
required to take to render such facilities adequate and safe.
(b) Training
The Secretary, in cooperation with the appropriate States and the
National Sea Grant College Program, shall -
(1) establish programs to ensure that each observer receives
adequate training in collecting and analyzing the information
necessary for the conservation and management purposes of the
fishery to which such observer is assigned;
(2) require that an observer demonstrate competence in
fisheries science and statistical analysis at a level sufficient
to enable such person to fulfill the responsibilities of the
position;
(3) ensure that an observer has received adequate training in
basic vessel safety; and
(4) make use of university and any appropriate private
nonprofit organization training facilities and resources, where
possible, in carrying out this subsection.
(c) Observer status
An observer on a vessel and under contract to carry out
responsibilities under this chapter or the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1361 et seq.) shall be deemed to be a
Federal employee for the purpose of compensation under the Federal
Employee Compensation Act (5 U.S.C. 8101 et seq.).

-SOURCE-
(Pub. L. 94-265, title IV, Sec. 403, as added Pub. L. 104-297,
title II, Sec. 204, Oct. 11, 1996, 110 Stat. 3609.)

-REFTEXT-
REFERENCES IN TEXT
The Marine Mammal Protection Act of 1972, referred to in subsec.
(c), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended,
which is classified generally to chapter 31 (Sec. 1361 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 1361 of this title and
Tables.
The Federal Employee Compensation Act, referred to in subsec.
(c), is act Sept. 7, 1916, ch. 458, 39 Stat. 742, as amended, which
was repealed and the provisions thereof were reenacted as
subchapter I (Sec. 8101 et seq.) of chapter 81 of Title 5,
Government Organization and Employees, by Pub. L. 89-554, Sept. 6,
1966, 80 Stat. 378.


-MISC1-
PRIOR PROVISIONS
A prior section 403 of Pub. L. 94-265 amended sections 1972 and
1973 of Title 22, Foreign Relations and Intercourse, and enacted
provisions formerly set out as notes under sections 1972 and 1973
of Title 22, prior to being amended generally by Pub. L. 104-297.

-End-



-CITE-
16 USC Sec. 1881c 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-
Sec. 1881c. Fisheries research

-STATUTE-
(a) In general
The Secretary shall initiate and maintain, in cooperation with
the Councils, a comprehensive program of fishery research to carry
out and further the purposes, policy, and provisions of this
chapter. Such program shall be designed to acquire knowledge and
information, including statistics, on fishery conservation and
management and on the economics and social characteristics of the
fisheries.
(b) Strategic plan
Within one year after October 11, 1996, and at least every 3
years thereafter, the Secretary shall develop and publish in the
Federal Register a strategic plan for fisheries research for the 5
years immediately following such publication. The plan shall -
(1) identify and describe a comprehensive program with a
limited number of priority objectives for research in each of the
areas specified in subsection (c) of this section;
(2) indicate goals and timetables for the program described in
paragraph (1);
(3) provide a role for commercial fishermen in such research,
including involvement in field testing;
(4) provide for collection and dissemination, in a timely
manner, of complete and accurate information concerning fishing
activities, catch, effort, stock assessments, and other research
conducted under this section; and
(5) be developed in cooperation with the Councils and affected
States, and provide for coordination with the Councils, affected
States, and other research entities.
(c) Areas of research
Areas of research are as follows:
(1) Research to support fishery conservation and management,
including but not limited to, biological research concerning the
abundance and life history parameters of stocks of fish, the
interdependence of fisheries or stocks of fish, the
identification of essential fish habitat, the impact of pollution
on fish populations, the impact of wetland and estuarine
degradation, and other factors affecting the abundance and
availability of fish.
(2) Conservation engineering research, including the study of
fish behavior and the development and testing of new gear
technology and fishing techniques to minimize bycatch and any
adverse effects on essential fish habitat and promote efficient
harvest of target species.
(3) Research on the fisheries, including the social, cultural,
and economic relationships among fishing vessel owners, crew,
United States fish processors, associated shoreside labor,
seafood markets and fishing communities.
(4) Information management research, including the development
of a fishery information base and an information management
system under section 1881 of this title that will permit the full
use of information in the support of effective fishery
conservation and management.
(d) Public notice
In developing the plan required under subsection (a) of this
section, the Secretary shall consult with relevant Federal, State,
and international agencies, scientific and technical experts, and
other interested persons, public and private, and shall publish a
proposed plan in the Federal Register for the purpose of receiving
public comment on the plan. The Secretary shall ensure that
affected commercial fishermen are actively involved in the
development of the portion of the plan pertaining to conservation
engineering research. Upon final publication in the Federal
Register, the plan shall be submitted by the Secretary to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Resources of the House of Representatives.

-SOURCE-
(Pub. L. 94-265, title IV, Sec. 404, as added Pub. L. 104-297,
title II, Sec. 205, Oct. 11, 1996, 110 Stat. 3609.)


-MISC1-
PRIOR PROVISIONS
A prior section 404 of Pub. L. 94-265, amended section 1362 of
this title and enacted provisions formerly set out as a note under
section 1362 of this title, prior to being amended generally by
Pub. L. 104-297.

STUDY OF CONTRIBUTION OF BYCATCH TO CHARITABLE ORGANIZATIONS
Section 208 of Pub. L. 104-297, as amended by Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30,
1996, 110 Stat. 3009, 3009-41, provided that:
"(a) Study. - The Secretary of Commerce shall conduct a study of
the contribution of bycatch to charitable organizations by
commercial fishermen. The study shall include determinations of -
"(1) the amount of bycatch that is contributed each year to
charitable organizations by commercial fishermen;
"(2) the economic benefits to commercial fishermen from those
contributions; and
"(3) the impact on fisheries of the availability of those
benefits.
"(b) Report. - Not later than 1 year after the date of enactment
of this Act [Oct. 11, 1996], the Secretary of Commerce shall submit
to the Congress a report containing determinations made in the
study under subsection (a).
"(c) Bycatch Defined. - In this section the term 'bycatch' has
the meaning given that term in section 3 of the Magnuson-Stevens
Fishery Conservation and Management Act [16 U.S.C. 1802], as
amended by section 102 of this Act."

-End-



-CITE-
16 USC Sec. 1881d 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-
Sec. 1881d. Incidental harvest research

-STATUTE-
(a) Collection of information
Within nine months after October 11, 1996, the Secretary shall,
after consultation with the Gulf Council and South Atlantic
Council, conclude the collection of information in the program to
assess the impact on fishery resources of incidental harvest by the
shrimp trawl fishery within the authority of such Councils. Within
the same time period, the Secretary shall make available to the
public aggregated summaries of information collected prior to June
30, 1994 under such program.
(b) Identification of stock
The program concluded pursuant to subsection (a) of this section
shall provide for the identification of stocks of fish which are
subject to significant incidental harvest in the course of normal
shrimp trawl fishing activity.
(c) Collection and assessment of specific stock information
For stocks of fish identified pursuant to subsection (b) of this
section, with priority given to stocks which (based upon the best
available scientific information) are considered to be overfished,
the Secretary shall conduct -
(1) a program to collect and evaluate information on the nature
and extent (including the spatial and temporal distribution) of
incidental mortality of such stocks as a direct result of shrimp
trawl fishing activities;
(2) an assessment of the status and condition of such stocks,
including collection of information which would allow the
estimation of life history parameters with sufficient accuracy
and precision to support sound scientific evaluation of the
effects of various management alternatives on the status of such
stocks; and
(3) a program of information collection and evaluation for such
stocks on the magnitude and distribution of fishing mortality and
fishing effort by sources of fishing mortality other than shrimp
trawl fishing activity.
(d) Bycatch reduction program
Not later than 12 months after October 11, 1996, the Secretary
shall, in cooperation with affected interests, and based upon the
best scientific information available, complete a program to -
(1) develop technological devices and other changes in fishing
operations necessary and appropriate to minimize the incidental
mortality of bycatch in the course of shrimp trawl activity to
the extent practicable, taking into account the level of bycatch
mortality in the fishery on November 28, 1990;
(2) evaluate the ecological impacts and the benefits and costs
of such devices and changes in fishing operations; and
(3) assess whether it is practicable to utilize bycatch which
is not avoidable.
(e) Report to Congress
The Secretary shall, within one year of completing the programs
required by this section, submit a detailed report on the results
of such programs to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of the
House of Representatives.
(f) Implementation criteria
To the extent practicable, any conservation and management
measure implemented under this chapter to reduce the incidental
mortality of bycatch in the course of shrimp trawl fishing shall be
consistent with -
(1) measures applicable to fishing throughout the range in
United States waters of the bycatch species concerned; and
(2) the need to avoid any serious adverse environmental impacts
on such bycatch species or the ecology of the affected area.

-SOURCE-
(Pub. L. 94-265, title IV, Sec. 405, as added Pub. L. 104-297,
title II, Sec. 206, Oct. 11, 1996, 110 Stat. 3611.)


-MISC1-
PRIOR PROVISIONS
A prior section 405 of Pub. L. 94-265, amended section 971 of
this title and enacted provisions formerly set out as a note under
section 971 of this title, prior to being amended generally by Pub.
L. 104-297.

-End-



-CITE-
16 USC Sec. 1882 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-
Sec. 1882. Fisheries systems research

-STATUTE-
(a) Establishment of panel
Not later than 180 days after October 11, 1996, the Secretary
shall establish an advisory panel under this chapter to develop
recommendations to expand the application of ecosystem principles
in fishery conservation and management activities.
(b) Panel membership
The advisory panel shall consist of not more than 20 individuals
and include -
(1) individuals with expertise in the structures, functions,
and physical and biological characteristics of ecosystems; and
(2) representatives from the Councils, States, fishing
industry, conservation organizations, or others with expertise in
the management of marine resources.
(c) Recommendations
Prior to selecting advisory panel members, the Secretary shall,
with respect to panel members described in subsection (b)(1) of
this section, solicit recommendations from the National Academy of
Sciences.
(d) Report
Within 2 years after October 11, 1996, the Secretary shall submit
to the Congress a completed report of the panel established under
this section, which shall include -
(1) an analysis of the extent to which ecosystem principles are
being applied in fishery conservation and management activities,
including research activities;
(2) proposed actions by the Secretary and by the Congress that
should be undertaken to expand the application of ecosystem
principles in fishery conservation and management; and
(3) such other information as may be appropriate.
(e) Procedural matter
The advisory panel established under this section shall be deemed
an advisory panel under section 1852(g) of this title.

-SOURCE-
(Pub. L. 94-265, title IV, Sec. 406, Apr. 13, 1976, 90 Stat. 361;
Pub. L. 95-354, Sec. 1, Aug. 28, 1978, 92 Stat. 519; Pub. L. 96-61,
Sec. 1, Aug. 15, 1979, 93 Stat. 407; Pub. L. 97-453, Sec. 14(a),
Jan. 12, 1983, 96 Stat. 2492; Pub. L. 99-659, title I, Sec. 111(a),
Nov. 14, 1986, 100 Stat. 3715; Pub. L. 101-627, title I, Sec. 119,
Nov. 28, 1990, 104 Stat. 4459; Pub. L. 104-297, title II, Sec.
207(a), Oct. 11, 1996, 110 Stat. 3612.)

-COD-
CODIFICATION
October 11, 1996, referred to in subsec. (d), was in the original
"the date of enactment of this Act", which was translated as
meaning the date of enactment of Pub. L. 104-297, which amended
this section generally, to reflect the probable intent of Congress.


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-297 amended section catchline and text
generally. Prior to amendment, section authorized appropriations to
carry out this chapter for fiscal year ending June 30, 1976 to
fiscal year ending September 30, 1993.
1990 - Pars. (16) to (19). Pub. L. 101-627 added pars. (16) to
(19).
1986 - Pars. (12) to (15). Pub. L. 99-659 added pars. (12) to
(15).
1983 - Pars. (9) to (11). Pub. L. 97-453 added pars. (9) to (11).
1979 - Pars. (6) to (8). Pub. L. 96-61 added pars. (6) to (8).
1978 - Par. (5). Pub. L. 95-354 added par. (5).

-End-



-CITE-
16 USC Sec. 1883 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-
Sec. 1883. Gulf of Mexico red snapper research

-STATUTE-
(a) Independent peer review
(1) Within 30 days of October 11, 1996, the Secretary shall
initiate an independent peer review to evaluate -
(A) the accuracy and adequacy of fishery statistics used by the
Secretary for the red snapper fishery in the Gulf of Mexico to
account for all commercial, recreational, and charter fishing
harvests and fishing effort on the stock;
(B) the appropriateness of the scientific methods, information,
and models used by the Secretary to assess the status and trends
of the Gulf of Mexico red snapper stock and as the basis for the
fishery management plan for the Gulf of Mexico red snapper
fishery;
(C) the appropriateness and adequacy of the management measures
in the fishery management plan for red snapper in the Gulf of
Mexico for conserving and managing the red snapper fishery under
this chapter; and
(D) the costs and benefits of all reasonable alternatives to an
individual fishing quota program for the red snapper fishery in
the Gulf of Mexico.

(2) The Secretary shall ensure that commercial, recreational, and
charter fishermen in the red snapper fishery in the Gulf of Mexico
are provided an opportunity to -
(A) participate in the peer review under this subsection; and
(B) provide information to the Secretary concerning the review
of fishery statistics under this subsection without being subject
to penalty under this chapter or other applicable law for any
past violation of a requirement to report such information to the
Secretary.

(3) The Secretary shall submit a detailed written report on the
findings of the peer review conducted under this subsection to the
Gulf Council no later than one year after October 11, 1996.
(b) Prohibition
In addition to the restrictions under section 1853(d)(1)(A) of
this title, the Gulf Council may not, prior to October 1, 2002,
undertake or continue the preparation of any fishery management
plan, plan amendment or regulation under this chapter for the Gulf
of Mexico commercial red snapper fishery that creates an individual
fishing quota program or that authorizes the consolidation of
licenses, permits, or endorsements that result in different trip
limits for vessels in the same class.
(c) Referendum
(1) On or after October 1, 2002, the Gulf Council may prepare and
submit a fishery management plan, plan amendment, or regulation for
the Gulf of Mexico commercial red snapper fishery that creates an
individual fishing quota program or that authorizes the
consolidation of licenses, permits, or endorsements that result in
different trip limits for vessels in the same class, only if the
preparation of such plan, amendment, or regulation is approved in a
referendum conducted under paragraph (2) and only if the submission
to the Secretary of such plan, amendment, or regulation is approved
in a subsequent referendum conducted under paragraph (2).
(2) The Secretary, at the request of the Gulf Council, shall
conduct referendums under this subsection. Only a person who held
an annual vessel permit with a red snapper endorsement for such
permit on September 1, 1996 (or any person to whom such permit with
such endorsement was transferred after such date) and vessel
captains who harvested red snapper in a commercial fishery using
such endorsement in each red snapper fishing season occurring
between January 1, 1993, and such date may vote in a referendum
under this subsection. The referendum shall be decided by a
majority of the votes cast. The Secretary shall develop a formula
to weigh votes based on the proportional harvest under each such
permit and endorsement and by each such captain in the fishery
between January 1, 1993, and September 1, 1996. Prior to each
referendum, the Secretary, in consultation with the Council, shall
-
(A) identify and notify all such persons holding permits with
red snapper endorsements and all such vessel captains; and
(B) make available to all such persons and vessel captains
information about the schedule, procedures, and eligibility
requirements for the referendum and the proposed individual
fishing quota program.
(d) Catch limits
Any fishery management plan, plan amendment, or regulation
submitted by the Gulf Council for the red snapper fishery after
October 11, 1996, shall contain conservation and management
measures that -
(1) establish separate quotas for recreational fishing (which,
for the purposes of this subsection shall include charter
fishing) and commercial fishing that, when reached, result in a
prohibition on the retention of fish caught during recreational
fishing and commercial fishing, respectively, for the remainder
of the fishing year; and
(2) ensure that such quotas reflect allocations among such
sectors and do not reflect any harvests in excess of such
allocations.

-SOURCE-
(Pub. L. 94-265, title IV, Sec. 407, as added Pub. L. 104-297,
title II, Sec. 207(b), Oct. 11, 1996, 110 Stat. 3612; amended Pub.
L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 144(a)(3), (4)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-238.)


-MISC1-
AMENDMENTS
2000 - Subsecs. (b), (c)(1). Pub. L. 106-554 substituted "October
1, 2002," for "October 1, 2000,".

-End-