16 U.S.C. § 1863 — Northwest Atlantic Ocean Fisheries Rein-

Page 2118 TITLE 16—CONSERVATION § 1863 1 So in original. Probably should be ‘‘paragraph’’. 4457; amended Pub. L. 102–582, title IV, § 404, Nov. 2, 1992, 106 Stat. 4909; Pub. L. 104–297, title I, § 117(a), Oct. 11, 1996, 110 Stat. 3603; Pub. L. 108–199, div. B, title VIII, § 801, Jan. 23, 2004, 118 Stat. 108; Pub. L. 109–479, title II, § 214, Jan. 12, 2007, 120 Stat. 3619.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (g)(1), (h)(1), and (j)(2), (3), (6), (7), was in the original ‘‘this Act’’, mean- ing Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Man- agement 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. Hereafter, referred to in subsec. (j)(1), probably means on and after the date of enactment of Pub. L. 108–199, which enacted subsec. (j) of this section and was approved Jan. 23, 2004. CODIFICATION In subsec. (j)(4), ‘‘sections 53735 and 53702(b) of title 46’’ substituted for ‘‘sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g)’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted sections 53702 and 53735 of Title 46, Shipping. AMENDMENTS 2007—Subsec. (a). Pub. L. 109–479, § 214(1), substituted ‘‘any fishery under the Council’s jurisdiction except a salmon fishery’’ for ‘‘all fisheries under the Council’s jurisdiction except salmon fisheries’’ in introductory provisions. Subsec. (a)(2). Pub. L. 109–479, § 214(2), added par. (2) and struck out former par. (2) which read as follows: ‘‘establishes a system of fees to pay for the costs of im- plementing the plan.’’ Subsec. (b)(2)(A). Pub. L. 109–479, § 214(3), substituted ‘‘observers, or electronic monitoring systems,’’ for ‘‘ob- servers’’. Subsec. (b)(2)(E). Pub. L. 109–479, § 214(4), inserted ‘‘a fixed amount reflecting actual observer costs as de- scribed in subparagraph (A) or’’ after ‘‘expressed as’’. Subsec. (b)(2)(F). Pub. L. 109–479, § 214(5), (6), inserted ‘‘some or’’ after ‘‘against’’ and ‘‘or an electronic moni- toring system’’ after ‘‘observer’’. Subsec. (b)(2)(I), (J). Pub. L. 109–479, § 214(7), (8), added subpar. (I) and redesignated former subpar. (I) as (J). 2004—Subsec. (j). Pub. L. 108–199 added subsec. (j). 1996—Pub. L. 104–297, § 117(a)(1), substituted ‘‘con- servation’’ for ‘‘research plan’’ in section catchline. Subsec. (a). Pub. L. 104–297, § 117(a)(2), substituted ‘‘North Pacific Council’’ for ‘‘North Pacific Fishery Management Council’’ in introductory provisions. Subsecs. (f) to (i). Pub. L. 104–297, § 117(a)(3), added subsecs. (f) to (i). 1992—Subsec. (b)(2)(E). Pub. L. 102–582 substituted ‘‘2 percent, of the unprocessed ex-vessel’’ for ‘‘one percentum, of the’’. Statutory Notes and Related Subsidiaries FEES Pub. L. 117–328, div. S, title I, § 106, Dec. 29, 2022, 136 Stat. 5260, provided that: ‘‘(a) IN GENERAL.—The North Pacific Fishery Manage- ment Council may recommend, and the Secretary of Commerce may approve, regulations necessary for the collection of fees from charter vessel operators who guide recreational anglers who harvest Pacific halibut in International Pacific Halibut Commission regu- latory areas 2C and 3A as those terms are defined in part 300 of title 50, Code of Federal Regulations (or any successor regulations). ‘‘(b) USE OF FEES.—Any fees collected under this sec- tion shall be available for the purposes of— ‘‘(1) financing administrative costs of the Rec- reational Quota Entity program; ‘‘(2) the purchase of halibut quota shares in Inter- national Pacific Halibut Commission regulatory areas 2C and 3A by the recreational quota entity au- thorized in part 679 of title 50, Code of Federal Regu- lations (or any successor regulations); ‘‘(3) halibut conservation and research; and ‘‘(4) promotion of the halibut resource by the rec- reational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor reg- ulations). ‘‘(c) LIMITATION ON COLLECTION AND AVAILABILITY.— Fees shall be collected and available pursuant to this section only to the extent and in such amounts as pro- vided in advance in appropriations Acts, subject to sub- section (d). ‘‘(d) FEE COLLECTED DURING START-UP PERIOD.—Not- withstanding subsection (c), fees may be collected through the date of enactment of an Act making appro- priations for the activities authorized under this Act [div. S of Pub. L. 117–328] through September 30, 2023, and shall be available for obligation and remain avail- able until expended.’’ § 1863. Northwest Atlantic Ocean Fisheries Rein- vestment Program (a) Program (1) Not later than October 1, 1993, the Sec- retary shall establish a Northwest Atlantic Ocean Fisheries Reinvestment Program for the purposes of— (A) promoting development of commercial fisheries and markets for underutilized species of the northwest Atlantic Ocean; (B) developing alternative fishing opportuni- ties for participants in the New England groundfish fishery; (C) providing technical support and assist- ance to United States fishermen and fish proc- essors to improve the value-added processing of underutilized species and to make participa- tion in fisheries for underutilized species of the northwest Atlantic Ocean economically viable; (D) creating new economic opportunities through the improved processing and expanded use of fish waste; and (E) helping to restore overfished New Eng- land groundfish stocks through aquaculture or hatchery programs. (2) CONSULTATION.—In establishing and imple- menting the Northwest Fisheries Reinvestment Program, the Secretary shall consult with rep- resentatives of the commercial fishing industry, the seafood processing industry, and the aca- demic community (including the National Sea Grant Program). (3) ACTIVITIES UNDER PROGRAM.—Subject to the availability of appropriations, the Secretary shall award contracts, grants and other finan- cial assistance to United States citizens to carry out the purposes of subsection 1 (1), under the terms and conditions provided in section 713c–3(c) of title 15, except that, in making awards under this section for projects involving participation in fisheries for underutilized spe- cies, the Secretary shall give the highest pri- ority to a person who owns or operates a fishing Page 2119 TITLE 16—CONSERVATION § 1865 1 So in original. Probably should be ‘‘of the’’. vessel permitted under this chapter to partici- pate in the New England groundfish fishery who agrees to surrender that permit to the Secretary during the duration of the contract, grant or other assistance. (4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $5,000,000 for each of fiscal years 1993 through 1999 to carry out the purposes of this section. For fiscal year 1993 no more than $1,000,000, and for fiscal year 1994 no more than $2,000,000, of such funds may be provided from monies made available under section 713c–3(b) of title 15. (b) Assistance of other agencies The Secretary shall actively seek the assist- ance of other Federal agencies in the develop- ment of fisheries for underutilized species of the northwest Atlantic Ocean, including, to the ex- tent permitted by other applicable laws, assist- ance from the Secretary of Agriculture in in- cluding such underutilized species as agricul- tural commodities in the programs of the For- eign Agricultural Service for which amounts are authorized under the Food, Agriculture, Con- servation, and Trade Act of 1990 (Public Law 101–624; 104 Stat. 3359). (c) Management plans for underutilized species The New England Fishery Management Coun- cil, in consultation with other appropriate Councils, shall develop fishery management plans as soon as possible for any underutilized species of the northwest Atlantic Ocean that is not covered under such a plan, in order to pre- vent overfishing of that species. (d) ‘‘Underutilized species’’ defined For purposes of this section, the term ‘‘under- utilized species of the northwest Atlantic Ocean’’ means any fish species of the northwest Atlantic Ocean that is identified, by the Direc- tor of the Northeast Fisheries Center of the Na- tional Marine Fisheries Service, as an underuti- lized species. (Pub. L. 94–265, title III, § 314, as added Pub. L. 102–567, title IX, § 902(a), Oct. 29, 1992, 106 Stat. 4317; amended Pub. L. 104–297, title I, § 117(b), Oct. 11, 1996, 110 Stat. 3604.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(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. The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (b), is Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3359. For complete classification of this Act to the Code, see Short Title of 1990 Amend- ment note set out under section 1421 of Title 7, Agri- culture, and Tables. AMENDMENTS 1996—Subsec. (a)(4). Pub. L. 104–297 substituted ‘‘1999’’ for ‘‘1997’’. § 1864. Repealed. Pub. L. 117–328, div. S, title II, § 203(a), Dec. 29, 2022, 136 Stat. 5269 Section, Pub. L. 94–265, title III, § 315, as added Pub. L. 109–479, title I, § 113(a), Jan. 12, 2007, 120 Stat. 3601, re- lated to regional coastal disaster assistance, transition, and recovery program. Statutory Notes and Related Subsidiaries FISHERIES HURRICANE ASSISTANCE PROGRAM Pub. L. 109–479, title I, § 115, Jan. 12, 2007, 120 Stat. 3604, provided that the Secretary of Commerce would establish an assistance program for the Gulf of Mexico commercial and recreational fishing industry and pro- vided for allocation and use of funds for the program, with $17,500,000 appropriated for each of fiscal years 2007 through 2012 to carry out this section. § 1865. Bycatch reduction engineering program (a) Bycatch reduction engineering program Not later than 1 year after January 12, 2007, the Secretary, in cooperation with the Councils and other affected interests, and based upon the best scientific information available, shall es- tablish a bycatch reduction program, including grants, to develop technological devices and other conservation engineering changes de- signed to minimize bycatch, seabird inter- actions, bycatch mortality, and post-release mortality in Federally managed fisheries. The program shall— (1) be regionally based; (2) be coordinated with projects conducted under the cooperative research and manage- ment program established under this chapter; (3) provide information and outreach to fish- ery participants that will encourage adoption and use of technologies developed under the program; and (4) provide for routine consultation with the Councils in order to maximize opportunities to incorporate results of the program in Council actions and provide incentives for adoption of methods developed under the program in fish- ery management plans developed by the Coun- cils. (b) Incentives Any fishery management plan prepared by a Council or by the Secretary may establish a sys- tem of incentives to reduce total bycatch and seabird interactions, amounts, bycatch rates, and post-release mortality in fisheries under the Council’s or Secretary’s jurisdiction, including— (1) measures to incorporate bycatch into quotas, including the establishment of collec- tive or individual bycatch quotas; (2) measures to promote the use of gear with verifiable and monitored low bycatch and seabird interactions, rates; and (3) measures that, based on the best sci- entific information available, will reduce by- catch and seabird interactions, bycatch mor- tality, post-release mortality, or regulatory discards in the fishery. (c) Coordination on seabird interactions The Secretary, in coordination with the Sec- retary of 1 Interior, is authorized to undertake projects in cooperation with industry to im- prove information and technology to reduce seabird bycatch, including— (1) outreach to industry on new technologies and methods;