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

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

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

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Source file: Laws/federal/codes/united-states-code/title-16/section-1881c-fisheries-research--b954efb895.md
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Source location: Title 16, Chapter 38, § 1881c; chapter-038-fishery-conservation-and-management.md

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**(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 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 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), 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. **(e) Improving data collection and analysis** (1) **In general** — Not later than 1 year after December 31, 2018, the Secretary shall develop, in consultation with the science and statistical committees of the Councils established under [section 1852(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1852/g&num=0&edition=prelim) and the Marine Fisheries Commissions, and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on facilitating greater incorporation of data, analysis, stock assessments, and surveys from State agencies and nongovernmental sources described in paragraph (2), to the extent such information is consistent with [section 1851(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1851/a/2&num=0&edition=prelim), into fisheries management decisions. (2) **Content** — In developing the report under paragraph (1), the Secretary shall— (A) identify types of data and analysis, especially concerning recreational fishing, that can be used for purposes of this chapter as the basis for establishing conservation and management measures as required by [section 1853(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1853/a/1&num=0&edition=prelim), including setting standards for the collection and use of that data and analysis in stock assessments and surveys and for other purposes; (B) provide specific recommendations for collecting data and performing analyses identified as necessary to reduce uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be provided by nongovernmental sources; and (C) consider the extent to which the acceptance and use of data and analyses identified in the report in fishery management decisions is practicable and compatible with the requirements of [section 1851(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1851/a/2&num=0&edition=prelim).

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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

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

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

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1881

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

16 U.S.C. § 1362 — Definitions

For the purposes of this chapter— (1) The term “depletion” or “depleted” means any case in which— (A) the Secretary, after consultation with the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III of this chapter, determines that a species or population stock is below its optimum sustainable population; (B) a State, to which authority for the conservation and management of a species or population stock is transferred under [section 1379 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1379&num=0&edition=prelim), determines that such species or stock is below its optimum sustainable population; or (C) a species or population stock is listed as an endangered species or a threatened species under the Endangered Species Act of 1973 [[16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.]. (2) The terms “conservation” and “management” mean the collection and application of biological information for the purposes of increasing and maintaining the number of animals within species and populations of marine mammals at their optimum sustainable population. Such terms include the entire scope of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, and habitat acquisition and improvement. Also included within these terms, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking. (3) The term “district court of the United States” includes the District Court of Guam, District Court of the Virgin Islands, District Court of Puerto Rico, District Court of the Ca

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1362

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

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

Page 2127 TITLE 16—CONSERVATION § 1881c 2007—Subsec. (a). Pub. L. 109–479, § 202, substituted ‘‘Collection programs’’ for ‘‘Council requests’’ in head- ing, designated existing provisions as par. (1), inserted heading, realigned margins, in first sentence, struck out ‘‘(other than information that would disclose pro- prietary or confidential commercial or financial infor- mation regarding fishing operations or fish processing operations)’’ after ‘‘additional information’’ and ‘‘types of information’’, in last sentence, substituted ‘‘para- graph’’ for ‘‘subsection’’, and added par. (2). Subsec. (b). Pub. L. 109–479, § 203(a)(1), (2), added pars. (1) and (2), redesignated former par. (2) as (3) and re- aligned margins, and struck out former par. (1) which related to confidentiality of information submitted to the Secretary and exceptions. Subsec. (b)(1)(D). Pub. L. 109–479, § 3(d)(1)(A), sub- stituted ‘‘a limited access privilege’’ for ‘‘an individual fishing quota’’. Subsec. (b)(3). Pub. L. 109–479, § 203(a)(3), substituted ‘‘(2)(A).’’ for ‘‘(1)(E).’’ § 1881b. Observers (a) Guidelines for carrying observers Within one year after October 11, 1996, the Sec- retary shall promulgate regulations, after no- tice and opportunity for public comment, for fishing vessels that carry observers. The regula- tions 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 facilit

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