16 U.S.C. § 971i — Research on Atlantic highly migratory

Page 1578 TITLE 16—CONSERVATION § 971i Pub. L. 109–479, title IV, § 405(a), Jan. 12, 2007, 120 Stat. 3633.) Editorial Notes REFERENCES IN TEXT Section 971i(b)(2)(H) of this title, referred to in sub- sec. (b)(2), was in the original ‘‘section 3(b)(2)(H) of that section’’ and was translated as reading ‘‘section 3(b)(2)(H) of that Act’’, meaning Pub. L. 96–339, to re- flect the probable intent of Congress. AMENDMENTS 2007—Pub. L. 109–479 amended section generally, sub- stituting provisions authorizing appropriations for fis- cal years 2007 to 2013 for provisions authorizing appro- priations for fiscal years 2003 to 2006. 2002—Pub. L. 107–372 amended section generally, sub- stituting provisions authorizing appropriations for fis- cal years 2003 to 2006 for provisions authorizing appro- priations for fiscal years 1995 to 2001. 1998—Par. (4). Pub. L. 105–384 substituted ‘‘For each of fiscal years 1998, 1999, 2000, and 2001,’’ for ‘‘For fiscal year 1998,’’. 1995—Pub. L. 104–43 amended section generally, sub- stituting provisions authorizing appropriations for fis- cal years 1995 to 1998 for provisions authorizing appro- priations for fiscal years 1989 to 1993. 1990—Pub. L. 101–627 amended section generally, sub- stituting provisions authorizing appropriations for fis- cal years 1989 to 1993 for provisions authorizing appro- priations for fiscal years 1986 to 1989 and striking out provisions relating to use of sums for travel expenses. 1986—Pub. L. 99–659 substituted authorization of ap- propriations for fiscal years 1986 through 1989 for former authorization of appropriations for fiscal year 1976, the period beginning July 1, 1976, and ending Sept. 30, 1976, and fiscal years 1977 through 1986. 1983—Pub. L. 98–44 authorized appropriations for fis- cal years 1984 through 1986. 1980—Pub. L. 96–339 authorized appropriations for fis- cal years 1981 through 1983. 1977—Pub. L. 95–33 authorized appropriations for fis- cal years 1978 through 1980. § 971i. Research on Atlantic highly migratory species (a) Omitted (b) Highly migratory species research and moni- toring (1) Within 6 months after November 3, 1995, the Secretary of Commerce, in cooperation with the advisory committee established under section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b) and in consultation with the United States Commissioners on the International Commission for the Conservation of Atlantic Tunas (referred to elsewhere in this section as the ‘‘Commission’’) and the Secretary of State, shall develop and implement a comprehensive research and monitoring program to support the conservation and management of Atlantic bluefin tuna and other highly migratory species that shall— (A) identify and define the range of stocks of highly migratory species in the Atlantic Ocean, including Atlantic bluefin tuna; and (B) provide for appropriate participation by nations which are members of the Commis- sion. (2) The program shall provide for, but not be limited to— (A) statistically designed cooperative tag- ging studies; (B) genetic and biochemical stock analyses; (C) population censuses carried out through aerial surveys of fishing grounds and known migration areas; (D) adequate observer coverage and port sampling of commercial and recreational fish- ing activity; (E) collection of comparable real-time data on commercial and recreational catches and landings through the use of permits, logbooks, landing reports for charter operations and fishing tournaments, and programs to provide reliable reporting of the catch by private an- glers; (F) studies of the life history parameters of Atlantic bluefin tuna and other highly migra- tory species; (G) integration of data from all sources and the preparation of data bases to support man- agement decisions; (H) include a cooperative research program on Atlantic billfish based on the Southeast Fisheries Science Center Atlantic Billfish Re- search Plan of 2002; and (I) other research as necessary. (3) In developing a program under this section, the Secretary shall— (A) ensure that personnel and resources of each regional research center shall have sub- stantial participation in the stock assess- ments and monitoring of highly migratory species that occur in the region; (B) provide for comparable monitoring of all United States fishermen to which the Atlantic Tunas Convention Act of 1975 applies with re- spect to effort and species composition of catch and discards; (C) consult with relevant Federal and State agencies, scientific and technical experts, commercial and recreational fishermen, and other interested persons, public and private, and shall publish a proposed plan in the Fed- eral Register for the purpose of receiving pub- lic comment on the plan; and (D) through the Secretary of State, encour- age other member nations to adopt a similar program. (Pub. L. 96–339, § 3, Sept. 4, 1980, 94 Stat. 1070; Pub. L. 104–43, title III, § 302(b), Nov. 3, 1995, 109 Stat. 382; Pub. L. 105–384, title II, § 202(b)(2), Nov. 13, 1998, 112 Stat. 3453; Pub. L. 109–479, title IV, § 405(b), Jan. 12, 2007, 120 Stat. 3633.) Editorial Notes REFERENCES IN TEXT The Atlantic Tunas Convention Act of 1975, referred to in subsec. (b)(3)(B), is Pub. L. 94–70, Aug. 5, 1975, 89 Stat. 385, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 971 of this title and Tables. CODIFICATION Subsection (a), which required the Secretary of Com- merce to prepare and submit to Congress a biennial re- port on the level of taking of bluefin tuna by United States fishermen in the Convention area as defined in Article I of the International Convention for the Con- servation of Atlantic Tunas, the status of bluefin tuna stocks within the Convention area and the trends in their population level, and related information result- Page 1579 TITLE 16—CONSERVATION § 973 ing from implementation of the observer program under section 1827 of this title, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 50 of House Document No. 103–7. Section was not enacted as part of the Atlantic Tunas Convention Act of 1975 which comprises this chapter. AMENDMENTS 2007—Subsec. (b)(2)(H), (I). Pub. L. 109–479 added sub- par. (H) and redesignated former subpar. (H) as (I). 1998—Subsec. (b)(3)(B). Pub. L. 105–384 inserted ‘‘of 1975’’ after ‘‘Act’’. 1995—Pub. L. 104–43 amended section catchline gen- erally, designated existing provisions as subsec. (a), in- serted heading, struck out last sentence which read as follows: ‘‘There are authorized to be appropriated such sums as may be necessary to carry out this section.’’, and added subsec. (b). § 971j. Repealed. Pub. L. 114–81, title I, § 107(5), Nov. 5, 2015, 129 Stat. 658 Section, Pub. L. 94–70, § 11, as added Pub. L. 104–43, title III, § 308, Nov. 3, 1995, 109 Stat. 386; amended Pub. L. 105–384, title II, § 202(b)(1)(E), Nov. 13, 1998, 112 Stat. 3453, required the Secretary to submit an annual re- port. § 971k. Savings clause Nothing in this chapter shall have the effect of diminishing the rights and obligations of any Nation under Article VIII(3) of the Convention. (Pub. L. 94–70, § 11, formerly § 12, as added Pub. L. 104–43, title III, § 308, Nov. 3, 1995, 109 Stat. 387; amended Pub. L. 105–384, title II, § 202(b)(1)(E), Nov. 13, 1998, 112 Stat. 3453; renumbered § 11, Pub. L. 114–81, title I, § 107(5), Nov. 5, 2015, 129 Stat. 658.) Editorial Notes PRIOR PROVISIONS A prior section 11 of Pub. L. 94–70 was renumbered section 12 and is set out as a Separability note under section 971 of this title. Another prior section 11 of Pub. L. 94–70 was classi- fied to section 971j of this title, prior to repeal by Pub. L. 114–81, title I, § 107(5), Nov. 5, 2015, 129 Stat. 658. AMENDMENTS 1998—Pub. L. 105–384 made technical amendment to style of heading and section designation in original act. CHAPTER 16B—EASTERN PACIFIC TUNA FISHING §§ 972 to 972h. Repealed. Pub. L. 114–81, title II, § 210, Nov. 5, 2015, 129 Stat. 664 Section 972, Pub. L. 98–445, § 2, Oct. 4, 1984, 98 Stat. 1715, provided definitions for this chapter. Section 972a, Pub. L. 98–445, § 3, Oct. 4, 1984, 98 Stat. 1716, related to United States representation on the Council. Section 972b, Pub. L. 98–445, § 4, Oct. 4, 1984, 98 Stat. 1716, authorized the Secretary of State to act for United States. Section 972c, Pub. L. 98–445, § 5, Oct. 4, 1984, 98 Stat. 1716; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, related to application to other laws. Section 972d, Pub. L. 98–445, § 6, Oct. 4, 1984, 98 Stat. 1716, related to disposition of fees. Section 972e, Pub. L. 98–445, § 7, Oct. 4, 1984, 98 Stat. 1716, related to regulations. Section 972f, Pub. L. 98–445, § 8, Oct. 4, 1984, 98 Stat. 1717, related to prohibited acts. Section 972g, Pub. L. 98–445, § 9, Oct. 4, 1984, 98 Stat. 1717; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117, related to enforcement. Section 972h, Pub. L. 98–445, § 10, Oct. 4, 1984, 98 Stat. 1719, authorized appropriations. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 98–445, § 1, Oct. 4, 1984, 98 Stat. 1715, which pro- vided that Pub. L. 98–445 could be cited as the ‘‘Eastern Pacific Tuna Licensing Act of 1984’’, was repealed by Pub. L. 114–81, title II, § 210, Nov. 5, 2015, 129 Stat. 664. CHAPTER 16C—SOUTH PACIFIC TUNA FISHING Sec. 973. Definitions. 973a. Application to other laws. 973b. Regulations. 973c. Prohibited acts. 973d. Exceptions. 973e. Criminal offenses. 973f. Civil penalties. 973g. Licenses. 973h. Enforcement. 973i. Findings by Secretary. 973j. Reporting requirements; disclosure of infor- mation. 973k. Closed Area stowage requirements. 973l. Observers. 973m. Technical assistance. 973n. Arbitration. 973o. Disposition of fees, penalties, forfeitures, and other moneys. 973p. Additional agreements. 973q. Secretary of State to act for United States. 973r. Authorization of appropriations. § 973. Definitions As used in this chapter— (1) The term ‘‘Administrator’’ means the in- dividual or organization designated by the Pa- cific Island Parties to act on their behalf under the Treaty and notified to the United States Government. (2) The term ‘‘Authorized Officer’’ means any officer who is authorized by the Secretary, or the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an enforcement agreement with the Sec- retary under section 973h(a) of this title. (3) The term ‘‘Authorized Party Officer’’ means any officer authorized by a Pacific Is- land Party to enforce the provisions of the Treaty. (4) The term ‘‘applicable national law’’ means any provision of law of a Pacific Island Party which is described in paragraph 1(a) of Annex I of the Treaty. (5) The term ‘‘Closed Area’’ means any of the closed areas identified in Schedule 2 of Annex I of the Treaty. (6) The term ‘‘fishing’’ means— (A) searching for, catching, taking, or har- vesting fish; (B) attempting to search for, catch, take, or harvest fish; (C) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking, or harvesting of fish;