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16 U.S.C. § 1870 — Required possession of descending devices
Federal law — U.S. Code and appendices · legal_authorities
**(a) Require gear in the Gulf reef fish fishery** It shall be unlawful for a person on board a commercial or recreational vessel to fish for Gulf reef fish in the Gulf of Mexico Exclusive Economic Zone without possessing on board the vessel a venting tool or a descending device that is rigged and ready for use while fishing is occurring.
**(b) Savings clause** No provision of this section shall be interpreted to affect any program or activity carried out by the Gulf Coast Ecosystem Restoration Council established by the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 ([33 U.S.C. 1321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim) note), or any project contained in an approved Restoration Plan developed by any Natural Resources Damage Assessment Trustee Implementation Group to reduce post-release mortality from barotrauma in Gulf of Mexico Reef Fish Recreational Fisheries.
**(c) Definitions** In this section:
(1) **Descending device** — The term “descending device” means an instrument that—
(A) will release fish at a depth sufficient for the fish to be able to recover from the effects of barotrauma;
(B) is a weighted hook, lip clamp, or box that will hold the fish while it is lowered to depth, or another device determined to be appropriate by the Secretary; and
(C) is capable of—
(i) releasing the fish automatically;
(ii) releasing the fish by actions of the operator of the device; or
(iii) allowing the fish to escape on its own.
(2) **Venting tool** — The term “venting tool” has the meaning given to it by the Gulf of Mexico Fishery Management Council.
(3) **Gulf reef fish** — The term “Gulf reef fish” means any
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Source file: Laws/federal/codes/united-states-code/title-16/section-1870-required-possession-of-descending-devices--9617239587.md
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Source location: Title 16, Chapter 38, § 1870; chapter-038-fishery-conservation-and-management.md
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**(a) Require gear in the Gulf reef fish fishery** It shall be unlawful for a person on board a commercial or recreational vessel to fish for Gulf reef fish in the Gulf of Mexico Exclusive Economic Zone without possessing on board the vessel a venting tool or a descending device that is rigged and ready for use while fishing is occurring.
**(b) Savings clause** No provision of this section shall be interpreted to affect any program or activity carried out by the Gulf Coast Ecosystem Restoration Council established by the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 ([33 U.S.C. 1321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim) note), or any project contained in an approved Restoration Plan developed by any Natural Resources Damage Assessment Trustee Implementation Group to reduce post-release mortality from barotrauma in Gulf of Mexico Reef Fish Recreational Fisheries.
**(c) Definitions** In this section:
(1) **Descending device** — The term “descending device” means an instrument that—
(A) will release fish at a depth sufficient for the fish to be able to recover from the effects of barotrauma;
(B) is a weighted hook, lip clamp, or box that will hold the fish while it is lowered to depth, or another device determined to be appropriate by the Secretary; and
(C) is capable of—
(i) releasing the fish automatically;
(ii) releasing the fish by actions of the operator of the device; or
(iii) allowing the fish to escape on its own.
(2) **Venting tool** — The term “venting tool” has the meaning given to it by the Gulf of Mexico Fishery Management Council.
(3) **Gulf reef fish** — The term “Gulf reef fish” means any fish chosen by the Gulf of Mexico Fishery Management Council that is in the reef Fishery Management Plan for the purposes of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For the purpose of this section, the term—
(1) “oil” means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil;
(2) “discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping, but excludes (A) discharges in compliance with a permit under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), (B) discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), and subject to a condition in such permit,,11 So in original. (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), which are caused by events occurring within the scope of relevant operating or treatment systems, and (D) discharges incidental to mechanical removal authorized by the President under subsection (c) of this section;
(3) “vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel;
(4) “public vessel” means a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce;
(5) “United States”
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assessment of penalty** Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim), to have committed an act prohibited by section 1857 or [section 1870 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1870&num=0&edition=prelim) shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay, Provided, That the information is served on the Secretary at least 30 days prior to an administrative hearing.
**(b) Review of civil penalty** Any person against whom a civil penalty is assessed under subsection (a) or against whom a permit sanction is imposed under subsection (g) (other than a permit suspension for nonpayment of penalty or fine) may obtain review thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such order. The Secretary shall promptly file in such cou
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1858
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
Page 2121
TITLE 16—CONSERVATION
§ 1870
(2) Projects to assess the amount and type of
bycatch or post-release mortality occurring in
a fishery.
(3) Conservation engineering projects de-
signed to reduce bycatch, including avoidance
of post-release mortality, reduction of bycatch
in high seas fisheries, and transfer of such
fishing technologies to other nations.
(4) Projects for the identification of habitat
areas of particular concern and for habitat
conservation.
(5) Projects designed to collect and compile
economic and social data.
(d) Experimental permitting process
Not later than 180 days after January 12, 2007,
the Secretary, in consultation with the Coun-
cils, shall promulgate regulations that create an
expedited, uniform, and regionally-based process
to promote issuance, where practicable, of ex-
perimental fishing permits.
(e) Guidelines
The Secretary, in consultation with the Coun-
cils, shall establish guidelines to ensure that
participation in a research project funded under
this section does not result in loss of a partici-
pant’s catch history or unexpended days-at-sea
as part of a limited entry system.
(f) Exempted projects
The procedures of this section shall not apply
to research funded by quota set-asides in a fish-
ery.
(Pub. L. 94–265, title III, § 318, as added Pub. L.
109–479, title II, § 204, Jan. 12, 2007, 120 Stat. 3614.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13,
1976, 90 Stat. 331, known as the Magnuson-Stevens Fish-
ery Conservation and Management Act, which is classi-
fied principally to this chapter. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 1801 of this ti
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1870
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Federal law — U.S. Code and appendices · legal_authorities
Page 483
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1321
1 So in original.
2 See References in Text note below.
shall be for each day (including travel-time)
during which they are performing board busi-
ness, entitled to receive compensation at a rate
fixed by the Administrator but not in excess of
the maximum rate of pay for grade GS–18, as
provided in the General Schedule under section
5332 of title 5, and shall, notwithstanding the
limitations of sections 5703 and 5704 of title 5, be
fully reimbursed for travel, subsistence and re-
lated expenses.
(f) Enforcement proceedings
When any such recommendation adopted by
the Administrator involves the institution of
enforcement proceedings against any person to
obtain the abatement of pollution subject to
such recommendation, the Administrator shall
institute such proceedings if he believes that the
evidence warrants such proceedings. The district
court of the United States shall consider and de-
termine de novo all relevant issues, but shall re-
ceive in evidence the record of the proceedings
before the conference or hearing board. The
court shall have jurisdiction to enter such judg-
ment and orders enforcing such judgment as it
deems appropriate or to remand such pro-
ceedings to the Administrator for such further
action as it may direct.
(June 30, 1948, ch. 758, title III, § 310, as added
Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 860.)
Statutory Notes and Related Subsidiaries
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organi-
zation and Employees, see section 529 [title
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1321
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