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16 U.S.C. § 1881 — Registration and information management

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16 U.S.C. § 1881 — Registration and information management

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Source file: Laws/federal/codes/united-states-code/title-16/section-1881-registration-and-information-management--7c0650fc03.md
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Source location: Title 16, Chapter 38, § 1881; chapter-038-fishery-conservation-and-management.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1881a/b&num=0&edition=prelim); and (B) the timely release or availability to the public of information collected under this section consistent with [section 1881a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1881a/b&num=0&edition=prelim). **(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 11 So in original. Probably should be “section”. 1853(a)(5) of this title or requested by the Council under [section 1881a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1881a&num=0&edition=prelim). **(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). 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), 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); and (3) recommendations for any such additional legislation as the Secretary considers necessary or desirable to implement the proposed system. **(g) Recreational fisheries** (1) **Federal program** — The Secretary shall establish and implement a regionally based registry program for recreational fishermen in each of the 8 fishery management regions. The program, which shall not require a fee before January 1, 2011, shall provide for— (A) the registration (including identification and contact information) of individuals who engage in recreational fishing— (i) in the Exclusive Economic Zone; (ii) for anadromous species; or (iii) for Continental Shelf fishery resources beyond the Exclusive Economic Zone; and (B) if appropriate, the registration (including the ownership, operator, and identification of the vessel) of vessels used in such fishing. (2) **State programs** — The Secretary shall exempt from registration under the program recreational fishermen and charter fishing vessels licensed, permitted, or registered under the laws of a State if the Secretary determines that information from the State program is suitable for the Secretary’s use or is used to assist in completing marine recreational fisheries statistical surveys, or evaluating the effects of proposed conservation and management measures for marine recreational fisheries. (3) **Data collection** (A) *Improvement of the marine recreational fishery statistics survey* — Within 24 months after January 12, 2007, the Secretary, in consultation with representatives of the recreational fishing industry and experts in statistics, technology, and other appropriate fields, shall establish a program to improve the quality and accuracy of information generated by the Marine Recreational Fishery Statistics Survey, with a goal of achieving acceptable accuracy and utility for each individual fishery. (B) *NRC report recommendations* — The program shall take into consideration and, to the extent feasible, implement the recommendations of the National Research Council in its report Review of Recreational Fisheries Survey Methods (2006), including— (i) redesigning the Survey to improve the effectiveness and appropriateness of sampling and estimation procedures, its applicability to various kinds of management decisions, and its usefulness for social and economic analyses; and (ii) providing for ongoing technical evaluation and modification as needed to meet emerging management needs. (C) *Methodology* — Unless the Secretary determines that alternate methods will achieve this goal more efficiently and effectively, the program shall, to the extent possible, include— (i) an adequate number of intercepts to accurately estimate recreational catch and effort; (ii) use of surveys that target anglers registered or licensed at the State or Federal level to collect participation and effort data; (iii) collection and analysis of vessel trip report data from charter fishing vessels; (iv) development of a weather corrective factor that can be applied to recreational catch and effort estimates; and (v) an independent committee composed of recreational fishermen, academics, persons with expertise in stock assessments and survey design, and appropriate personnel from the National Marine Fisheries Service to review the collection estimates, geographic, and other variables related to dockside intercepts and to identify deficiencies in recreational data collection, and possible correction measures. (D) *Deadline* — The Secretary shall complete the program under this paragraph and implement the improved Marine Recreational Fishery Statistics Survey not later than January 1, 2009. (4) **Federal-State partnerships** (A) *Establishment* — The Secretary shall establish a partnership with a State to develop best practices for implementing the State program established under paragraph (2). (B) *Guidance* — The Secretary shall develop guidance, in cooperation with the States, that details best practices for administering State programs pursuant to paragraph (2), and provide such guidance to the States. (C) *Biennial report* — The Secretary shall submit to the appropriate committees of Congress and publish biennial reports that include— (i) the estimated accuracy of— (I) the information provided under subparagraphs (A) and (B) of paragraph (1) for each registry program established under that paragraph; and (II) the information from each State program that is used to assist in completing surveys or evaluating effects of conservation and management measures under paragraph (2); (ii) priorities for improving recreational fishing data collection; and (iii) an explanation of any use of information collected by such State programs and by the Secretary. (D) *States grant program* (i) *In general* — The Secretary may make grants to States to— (I) improve implementation of State programs consistent with this subsection; and (II) assist such programs in complying with requirements related to changes in recreational data collection under paragraph (3). (ii) *Use of funds* — Any funds awarded through such grants shall be used to support data collection, quality assurance, and outreach to entities submitting such data. The Secretary shall prioritize such grants based on the ability of the grant to improve the quality and accuracy of such programs. (5) **Report** — Within 24 months after establishment of the program, the Secretary shall submit a report to Congress that describes the progress made toward achieving the goals and objectives of the program. **(h) Action by Secretary** The Secretary shall— (1) within 90 days after December 31, 2018, enter into an agreement with the National Academy of Sciences to evaluate, in the form of a report— (A) how the design of the Marine Recreational Information Program, for the purposes of stock assessment and the determination of stock management reference points, can be improved to better meet the needs of in-season management of annual catch limits under [section 1853(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1853/a/15&num=0&edition=prelim); and (B) what actions the Secretary, Councils, and States could take to improve the accuracy and timeliness of data collection and analysis to improve the Marine Recreational Information Program and facilitate in-season management; and (2) within 6 months after receiving the report under paragraph (1), submit to Congress recommendations regarding— (A) changes to be made to the Marine Recreational Information Program to make the program better meet the needs of in-season management of annual catch limits and other requirements under such section; and (B) alternative management approaches that could be applied to recreational fisheries for which the Marine Recreational Information Program is not meeting the needs of in-season management of annual catch limits, consistent with other requirements of this chapter, until such time as the changes in subparagraph (A) are implemented.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1801 — Findings, purposes and policy

**(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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1881a — Information collection

**(a) Collection programs** (1) **Council requests** — If a Council determines that additional information 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 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 paragraph regarding a Council request shall be made within a reasonable period of time after receipt of that request. (2) **Secretarial initiation** — If the Secretary determines that additional information is necessary for developing, implementing, revising, or monitoring a fishery management plan, or for determining whether a fishery is in need of management, the Secretary may, by regulation, implement an information collection or observer program requiring submission of such additional information for the fishery. **(b) Confidentiality of information** (1) Any information submitted to the Secretary, a State fishery management agency, or a marine fisheries commission by any person in compliance with the requirements of 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 developmen

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16 U.S.C. § 1361 — Congressional findings and declaration of policy

The Congress finds that— (1) certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man’s activities; (2) such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population. Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect essential habitats, including the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man’s actions; (3) there is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully; (4) negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and conservation of, all marine mammals; (5) marine mammals and marine mammal products either— (A) move in interstate commerce, or (B) affect the balance of marine ecosystems in a manner which is important to other animals and animal products which move in interstate commerce, and that the protection and conservation of marine mammals and their habitats is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and (6) marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and i

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1881c — Fisheries research

**(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); (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 po

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16 U.S.C. § 1361 — Congressional findings and declaration of

Page 1763 TITLE 16—CONSERVATION § 1361 (Pub. L. 92–195, § 11, formerly § 10, Dec. 15, 1971, 85 Stat. 651, renumbered Pub. L. 94–579, title IV, § 404, Oct. 21, 1976, 90 Stat. 2775.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of this section relating to the Secretaries of the Inte- rior and Agriculture submitting a joint report to Con- gress every twenty-four months on the administration of this chapter, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 147 of House Docu- ment No. 103–7. CHAPTER 31—MARINE MAMMAL PROTECTION SUBCHAPTER I—GENERALLY Sec. 1361. Congressional findings and declaration of pol- icy. 1362. Definitions. SUBCHAPTER II—CONSERVATION AND PROTECTION OF MARINE MAMMALS 1371. Moratorium on taking and importing marine mammals and marine mammal products. 1372. Prohibitions. 1373. Regulations on taking of marine mammals. 1374. Permits. 1375. Penalties. 1375a. Use of fines for protection and recovery of manatees, polar bears, sea otters, and wal- ruses. 1376. Seizure and forfeiture of cargo. 1377. Enforcement. 1378. International program. 1379. Transfer of management authority. 1380. Marine mammal research grants. 1381. Commercial fisheries gear development. 1382. Regulations and administration. 1383. Application to other treaties and conven- tions. 1383a. Interim exemption for commercial fisheries. 1383b. Status review; conservation plans. 1384. Authorization of appropriations. 1385. Dolphin protection. 1386. Stock assessments. 1387. Taking of marine mammals incidental to commercial fishing operations. 1388. Marine mammal cooperative a

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1881 — Registration and information manage-

Page 2122 TITLE 16—CONSERVATION § 1881 1 So in original. Probably should be ‘‘section’’. ment Council that is in the reef Fishery Man- agement Plan for the purposes of this chapter. (Pub. L. 94–265, title III, § 321, as added Pub. L. 116–340, § 3(a), Jan. 13, 2021, 134 Stat. 5128.) TERMINATION OF SECTION For termination of section five years after Jan. 13, 2021, see Effective and Termination Dates note below. Editorial Notes REFERENCES IN TEXT The Resources and Ecosystems Sustainability, Tour- ist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, referred to in subsec. (b), is subtitle F (§ 1601 et seq.) of Pub. L. 112–141, div. A, title I, July 6, 2012, 126 Stat. 588, which is set out as a note under section 1321 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Tables. This chapter, referred to in subsec. (c)(3), 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 title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Section effective 1 year after Jan. 13, 2021, see section 3(c) of Pub. L. 116–340, set out as an Effective and Ter- mination Dates of 2021 Amendment note under section 1858 of this title. Pub. L. 116–340, § 3(e), Jan. 13, 2021, 134 Stat. 5129, pro- vided in part that the termination of this section by section 3(e)(3) is effective five years after Jan. 13, 2021. SUBCHAPTER V—FISHERY MONITORING AND RESEARCH § 1881. Registration and information manage- m

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