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 devel- oping council efforts to implement eco- system approaches, including lessons learned by the councils. (2) Agency technical advice and assistance, re- gional pilot programs The Secretary is authorized to provide nec- essary technical advice and assistance, includ- ing grants, to the Councils for the develop- ment and design of regional pilot programs that build upon the recommendations of the advisory panel and, when completed, the study. (Pub. L. 94–265, title IV, § 406, Apr. 13, 1976, 90 Stat. 361; Pub. L. 95–354, § 1, Aug. 28, 1978, 92 Stat. 519; Pub. L. 96–61, § 1, Aug. 15, 1979, 93 Stat. 407; Pub. L. 97–453, § 14(a), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 99–659, title I, § 111(a), Nov. 14, 1986, 100 Stat. 3715; Pub. L. 101–627, title I, § 119, Nov. 28, 1990, 104 Stat. 4459; Pub. L. 104–297, title II, § 207(a), Oct. 11, 1996, 110 Stat. 3612; Pub. L. 109–479, title II, § 210, Jan. 12, 2007, 120 Stat. 3617.) 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 title and Tables. CODIFICATION October 11, 1996, referred to in subsec. (d), was in the original ‘‘the date of enactment of this Act’’, which was translated as meaning the date of enactment of Pub. L. 104–297, which amended this section generally, to re- flect the probable intent of Congress. AMENDMENTS 2007—Subsec. (f). Pub. L. 109–479 added subsec. (f). 1996—Pub. L. 104–297 amended section catchline and text generally. Prior to amendment, section authorized appropriations to carry out this chapter for fiscal year ending June 30, 1976 to fiscal year ending September 30, 1993. 1990—Pars. (16) to (19). Pub. L. 101–627 added pars. (16) to (19). 1986—Pars. (12) to (15). Pub. L. 99–659 added pars. (12) to (15). 1983—Pars. (9) to (11). Pub. L. 97–453 added pars. (9) to (11). 1979—Pars. (6) to (8). Pub. L. 96–61 added pars. (6) to (8). 1978—Par. (5). Pub. L. 95–354 added par. (5). § 1883. Gulf of Mexico red snapper research (a) Independent peer review (1) Within 30 days of October 11, 1996, the Sec- retary 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 ac- count 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 manage- ment plan for red snapper in the Gulf of Mex- ico for conserving and managing the red snap- per fishery under this chapter; and (D) the costs and benefits of all reasonable alternatives to a limited access privilege pro- gram for the red snapper fishery in the Gulf of Mexico. (2) The Secretary shall ensure that commer- cial, 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. Page 2131 TITLE 16—CONSERVATION § 1884 1 So in original. Probably should be capitalized. (3) The Secretary shall submit a detailed writ- ten 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, the Gulf Council may not, prior to October 1, 2002, undertake or con- tinue the preparation of any fishery manage- ment 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 endorse- ments that result in different trip limits for ves- sels 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 con- ducted under paragraph (2) and only if the sub- mission to the Secretary of such plan, amend- ment, 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 per- son to whom such permit with such endorsement was transferred after such date) and vessel cap- tains who harvested red snapper in a commer- cial fishery using such endorsement in each red snapper fishing season occurring between Janu- ary 1, 1993, and such date may vote in a ref- erendum 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 ref- erendum, the Secretary, in consultation with the Council, shall— (A) identify and notify all such persons hold- ing permits with red snapper endorsements and all such vessel captains; and (B) make available to all such persons and vessel captains information about the sched- ule, procedures, and eligibility requirements for the referendum and the proposed indi- vidual fishing quota program. (d) Catch limits Any fishery management plan, plan amend- ment, or regulation submitted by the Gulf Coun- cil for the red snapper fishery after October 11, 1996, shall contain conservation and manage- ment measures that— (1) establish separate quotas for recreational fishing (which, for the purposes of this sub- section shall include charter fishing) and com- mercial 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 alloca- tions among such sectors and do not reflect any harvests in excess of such allocations. (Pub. L. 94–265, title IV, § 407, as added Pub. L. 104–297, title II, § 207(b), Oct. 11, 1996, 110 Stat. 3612; amended Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(a)(3), (4)], Dec. 21, 2000, 114 Stat. 2763, 2763A–238; Pub. L. 109–479, § 3(d)(1)(B), Jan. 12, 2007, 120 Stat. 3578.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1)(C), (2)(B) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnu- son-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 2007—Subsecs. (a)(1)(D), (c)(1). Pub. L. 109–479 sub- stituted ‘‘a limited access privilege’’ for ‘‘an individual fishing quota’’. 2000—Subsecs. (b), (c)(1). Pub. L. 106–554 substituted ‘‘October 1, 2002,’’ for ‘‘October 1, 2000,’’. § 1884. Deep sea coral research and technology program (a) In general The Secretary, in consultation with appro- priate regional fishery management councils and in coordination with other federal 1 agencies and educational institutions, shall, subject to the availability of appropriations, establish a program— (1) to identify existing research on, and known locations of, deep sea corals and submit such information to the appropriate Councils; (2) to locate and map locations of deep sea corals and submit such information to the Councils; (3) to monitor activity in locations where deep sea corals are known or likely to occur, based on best scientific information available, including through underwater or remote sens- ing technologies and submit such information to the appropriate Councils; (4) to conduct research, including coopera- tive research with fishing industry partici- pants, on deep sea corals and related species, and on survey methods; (5) to develop technologies or methods de- signed to assist fishing industry participants in reducing interactions between fishing gear and deep sea corals; and (6) to prioritize program activities in areas where deep sea corals are known to occur, and in areas where scientific modeling or other methods predict deep sea corals are likely to be present. (b) Reporting Beginning 1 year after January 12, 2007, the Secretary, in consultation with the Councils,