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 facilities adequate and safe. (b) Training The Secretary, in cooperation with the appro- priate States and the National Sea Grant Col- lege Program, shall— (1) establish programs to ensure that each observer receives adequate training in col- lecting and analyzing the information nec- essary for the conservation and management purposes of the fishery to which such observer is assigned; (2) require that an observer demonstrate competence in fisheries science and statistical analysis at a level sufficient to enable such person to fulfill the responsibilities of the po- sition; (3) ensure that an observer has received ade- quate training in basic vessel safety; (4) ensure that each observer has received training to identify indicators of forced labor and human trafficking (as such terms are de- fined in section 11329 of the Don Young Coast Guard Authorization Act of 2022) and refer this information to appropriate authorities; and (5) make use of university and any appro- priate private nonprofit organization training facilities and resources, where possible, in car- rying out this subsection. (c) Observer status An observer on a vessel and under contract to carry out responsibilities under this chapter or the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall be deemed to be a Fed- eral employee for the purpose of compensation under the Federal Employee Compensation Act (5 U.S.C. 8101 et seq.). (Pub. L. 94–265, title IV, § 403, as added Pub. L. 104–297, title II, § 204, Oct. 11, 1996, 110 Stat. 3609; amended Pub. L. 117–263, div. K, title CXIII, § 11340, Dec. 23, 2022, 136 Stat. 4105.) Editorial Notes REFERENCES IN TEXT Section 11329 of the Don Young Coast Guard Author- ization Act of 2022, referred to in subsec. (b)(4), is sec- tion 11329 of div. K of Pub. L. 117–263, which is set out as a note under section 1885a of this title. This chapter, referred to in subsec. (c), 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 Marine Mammal Protection Act of 1972, referred to in subsec. (c), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1361 of this title and Tables. The Federal Employee Compensation Act, referred to in subsec. (c), is act Sept. 7, 1916, ch. 458, 39 Stat. 742, which was repealed and the provisions thereof were re- enacted as subchapter I (§ 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378. PRIOR PROVISIONS A prior section 403 of Pub. L. 94–265 amended sections 1972 and 1973 of Title 22, Foreign Relations and Inter- course, and enacted provisions formerly set out as notes under sections 1972 and 1973 of Title 22, prior to being amended generally by Pub. L. 104–297. AMENDMENTS 2022—Subsec. (b)(4), (5). Pub. L. 117–263 added par. (4) and redesignated former par. (4) as (5). § 1881c. Fisheries research (a) In general The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and fur- ther the purposes, policy, and provisions of this chapter. Such program shall be designed to ac- quire knowledge and information, including sta- tistics, 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 Reg- ister a strategic plan for fisheries research for the 5 years immediately following such publica- tion. The plan shall— (1) identify and describe a comprehensive program with a limited number of priority ob- jectives for research in each of the areas speci- fied in subsection (c); (2) indicate goals and timetables for the pro- gram 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 Page 2128 TITLE 16—CONSERVATION § 1881c information concerning fishing activities, catch, effort, stock assessments, and other re- search 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 abun- dance 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 popu- lations, the impact of wetland and estuarine degradation, and other factors affecting the abundance and availability of fish. (2) Conservation engineering research, in- cluding the study of fish behavior and the de- velopment and testing of new gear technology and fishing techniques to minimize bycatch and any adverse effects on essential fish habi- tat 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 commu- nities. (4) Information management research, in- cluding the development of a fishery informa- tion base and an information management system that will permit the full use of infor- mation in the support of effective fishery con- servation and management. (d) Public notice In developing the plan required under sub- section (a), the Secretary shall consult with rel- evant Federal, State, and international agen- cies, 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 af- fected commercial fishermen are actively in- volved in the development of the portion of the plan pertaining to conservation engineering re- search. Upon final publication in the Federal Register, the plan shall be submitted by the Sec- retary to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Resources of the House of Representa- tives. (e) Improving data collection and analysis (1) In general Not later than 1 year after December 31, 2018, the Secretary shall develop, in consulta- tion with the science and statistical commit- tees of the Councils established under section 1852(g) of this title and the Marine Fisheries Commissions, and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Re- sources of the House of Representatives a re- port on facilitating greater incorporation of data, analysis, stock assessments, and surveys from State agencies and nongovernmental sources described in paragraph (2), to the ex- tent such information is consistent with sec- tion 1851(a)(2) of this title, into fisheries man- agement decisions. (2) Content In developing the report under paragraph (1), the Secretary shall— (A) identify types of data and analysis, es- pecially 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, including set- ting 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 uncer- tainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be provided by non- governmental sources; and (C) consider the extent to which the ac- ceptance and use of data and analyses iden- tified in the report in fishery management decisions is practicable and compatible with the requirements of section 1851(a)(2) of this title. (Pub. L. 94–265, title IV, § 404, as added Pub. L. 104–297, title II, § 205, Oct. 11, 1996, 110 Stat. 3609; amended Pub. L. 109–479, title II, § 203(b), Jan. 12, 2007, 120 Stat. 3614; Pub. L. 115–405, § 201(a), Dec. 31, 2018, 132 Stat. 5358.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (e)(2)(A), was in the original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Ste- vens 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. PRIOR PROVISIONS A prior section 404 of Pub. L. 94–265, amended section 1362 of this title and enacted provisions formerly set out as a note under section 1362 of this title, prior to being amended generally by Pub. L. 104–297. AMENDMENTS 2018—Subsec. (e). Pub. L. 115–405 added subsec. (e). 2007—Subsec. (c)(4). Pub. L. 109–479 struck out ‘‘under section 1881 of this title’’ after ‘‘system’’. 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. STUDY OF CONTRIBUTION OF BYCATCH TO CHARITABLE ORGANIZATIONS Pub. L. 104–297, title II, § 208, Oct. 11, 1996, 110 Stat. 3614, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the Secretary of Commerce was 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