16 U.S.C. § 1881d — Incidental harvest research

Page 2129 TITLE 16—CONSERVATION § 1882 to conduct a study, to be submitted to Congress by 1 year after Oct. 11, 1996, of the contribution of bycatch to charitable organizations by commercial fishermen, including determinations of the amount contributed each year, the economic benefits to commercial fisher- men from those contributions, and the impact on fish- eries of the availability of those benefits. § 1881d. Incidental harvest research (a) Collection of information Within nine months after October 11, 1996, the Secretary shall, after consultation with the Gulf Council and South Atlantic Council, conclude the collection of information in the program to assess the impact on fishery resources of inci- dental harvest by the shrimp trawl fishery with- in the authority of such Councils. Within the same time period, the Secretary shall make available to the public aggregated summaries of information collected prior to June 30, 1994 under such program. (b) Identification of stock The program concluded pursuant to subsection (a) shall provide for the identification of stocks of fish which are subject to significant inci- dental harvest in the course of normal shrimp trawl fishing activity. (c) Collection and assessment of specific stock information For stocks of fish identified pursuant to sub- section (b), with priority given to stocks which (based upon the best available scientific infor- mation) are considered to be overfished, the Sec- retary shall conduct— (1) a program to collect and evaluate infor- mation on the nature and extent (including the spatial and temporal distribution) of inci- dental mortality of such stocks as a direct re- sult of shrimp trawl fishing activities; (2) an assessment of the status and condition of such stocks, including collection of infor- mation which would allow the estimation of life history parameters with sufficient accu- racy and precision to support sound scientific evaluation of the effects of various manage- ment alternatives on the status of such stocks; and (3) a program of information collection and evaluation for such stocks on the magnitude and distribution of fishing mortality and fish- ing effort by sources of fishing mortality other than shrimp trawl fishing activity. (d) Bycatch reduction program Not later than 12 months after October 11, 1996, the Secretary shall, in cooperation with af- fected interests, and based upon the best sci- entific information available, complete a pro- gram to— (1) develop technological devices and other changes in fishing operations necessary and appropriate to minimize the incidental mor- tality of bycatch in the course of shrimp trawl activity to the extent practicable, taking into account the level of bycatch mortality in the fishery on November 28, 1990; (2) evaluate the ecological impacts and the benefits and costs of such devices and changes in fishing operations; and (3) assess whether it is practicable to utilize bycatch which is not avoidable. (e) Report to Congress The Secretary shall, within one year of com- pleting the programs required by this section, submit a detailed report on the results of such programs to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives. (f) Implementation criteria To the extent practicable, any conservation and management measure implemented under this chapter to reduce the incidental mortality of bycatch in the course of shrimp trawl fishing shall be consistent with— (1) measures applicable to fishing through- out the range in United States waters of the bycatch species concerned; and (2) the need to avoid any serious adverse en- vironmental impacts on such bycatch species or the ecology of the affected area. (Pub. L. 94–265, title IV, § 405, as added Pub. L. 104–297, title II, § 206, Oct. 11, 1996, 110 Stat. 3611.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (f), 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. PRIOR PROVISIONS A prior section 405 of Pub. L. 94–265, amended section 971 of this title and enacted provisions formerly set out as a note under section 971 of this title, prior to being amended generally by Pub. L. 104–297. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. § 1882. Fisheries systems research (a) Establishment of panel Not later than 180 days after October 11, 1996, the Secretary shall establish an advisory panel under this chapter to develop recommendations to expand the application of ecosystem prin- ciples in fishery conservation and management activities. (b) Panel membership The advisory panel shall consist of not more than 20 individuals and include— (1) individuals with expertise in the struc- tures, functions, and physical and biological characteristics of ecosystems; and (2) representatives from the Councils, States, fishing industry, conservation organi- zations, or others with expertise in the man- agement of marine resources. (c) Recommendations Prior to selecting advisory panel members, the Secretary shall, with respect to panel members