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16 U.S.C. § 1883 — Gulf of Mexico red snapper research

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

16 U.S.C. § 1883 — Gulf of Mexico red snapper research

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Stable record: federal_law:legal_authorities:record_usc_e554b313d38260cfae779bb1
Source file: Laws/federal/codes/united-states-code/title-16/section-1883-gulf-of-mexico-red-snapper-research--35baa3775c.md
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Source location: Title 16, Chapter 38, § 1883; chapter-038-fishery-conservation-and-management.md

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**(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 a limited access privilege 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1853/d/1/A&num=0&edition=prelim), 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 a limited access privilege 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.

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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. § 1853 — Contents of fishery management plans

**(a) Required provisions** Any fishery management plan which is prepared by any Council, or by the Secretary, with respect to any fishery, shall— (1) contain the conservation and management measures, applicable to foreign fishing and fishing by vessels of the United States, which are— (A) necessary and appropriate for the conservation and management of the fishery, to prevent overfishing and rebuild overfished stocks, and to protect, restore, and promote the long-term health and stability of the fishery; (B) described in this subsection or subsection (b), or both; and (C) consistent with the national standards, the other provisions of this chapter, regulations implementing recommendations by international organizations in which the United States participates (including but not limited to closed areas, quotas, and size limits), and any other applicable law; (2) contain a description of the fishery, including, but not limited to, the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the cost likely to be incurred in management, actual and potential revenues from the fishery, any recreational interests in the fishery, and the nature and extent of foreign fishing and Indian treaty fishing rights, if any; (3) assess and specify the present and probable future condition of, and the maximum sustainable yield and optimum yield from, the fishery, and include a summary of the information utilized in making such specification; (4) assess and specify— (A) the capacity and the extent to which fishing vessels of the United States, on an annual basis, will harvest the optimum yield specified under paragraph (3), (B) the portion of such optimum yield which, on an annual basis, will not be harvest

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1853

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

16 U.S.C. § 1883 — Gulf of Mexico red snapper research

Page 2130 TITLE 16—CONSERVATION § 1883 1 So in original. Probably should be capitalized. described in subsection (b)(1), solicit rec- ommendations from the National Academy of Sciences. (d) Report Within 2 years after October 11, 1996, the Sec- retary shall submit to the Congress a completed report of the panel established under this sec- tion, which shall include— (1) an analysis of the extent to which eco- system principles are being applied in fishery conservation and management activities, in- cluding research activities; (2) proposed actions by the Secretary and by the Congress that should be undertaken to ex- pand the application of ecosystem principles in fishery conservation and management; and (3) such other information as may be appro- priate. (e) Procedural matter The advisory panel established under this sec- tion shall be deemed an advisory panel under section 1852(g) of this title. (f) Regional ecosystem research (1) Study Within 180 days after January 12, 2007, the Secretary, in consultation with the Councils, shall undertake and complete a study on the state of the science for advancing the concepts and integration of ecosystem considerations in regional fishery management. The study should build upon the recommendations of the advisory panel and include— (A) recommendations for scientific data, information and technology requirements for understanding ecosystem processes, and methods for integrating such information from a variety of federal,1 state,1 and re- gional sources; (B) recommendations for processes for in- corporating broad stake holder participa- tion; (C) recommendations for processes to ac- count for effects of environmental variation on fish stocks and fisheries; and (D) a description of existing and

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1883

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