16 U.S.C. § 1881 — Registration and information manage-

Page 2122 TITLE 16—CONSERVATION § 1881 1 So in original. Probably should be ‘‘section’’. ment Council that is in the reef Fishery Man- agement Plan for the purposes of this chapter. (Pub. L. 94–265, title III, § 321, as added Pub. L. 116–340, § 3(a), Jan. 13, 2021, 134 Stat. 5128.) TERMINATION OF SECTION For termination of section five years after Jan. 13, 2021, see Effective and Termination Dates note below. Editorial Notes REFERENCES IN TEXT The Resources and Ecosystems Sustainability, Tour- ist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, referred to in subsec. (b), is subtitle F (§ 1601 et seq.) of Pub. L. 112–141, div. A, title I, July 6, 2012, 126 Stat. 588, which is set out as a note under section 1321 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Tables. This chapter, referred to in subsec. (c)(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. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Section effective 1 year after Jan. 13, 2021, see section 3(c) of Pub. L. 116–340, set out as an Effective and Ter- mination Dates of 2021 Amendment note under section 1858 of this title. Pub. L. 116–340, § 3(e), Jan. 13, 2021, 134 Stat. 5129, pro- vided in part that the termination of this section by section 3(e)(3) is effective five years after Jan. 13, 2021. SUBCHAPTER V—FISHERY MONITORING AND RESEARCH § 1881. Registration and information manage- ment (a) Standardized fishing vessel registration and information management system The Secretary shall, in cooperation with the Secretary of the department in which the Coast Guard is operating, the States, the Councils, and Marine Fisheries Commissions, develop rec- ommendations for implementation of a stand- ardized fishing vessel registration and informa- tion management system on a regional basis. The recommendations shall be developed after consultation with interested governmental and nongovernmental parties and shall— (1) be designed to standardize the require- ments of vessel registration and information collection systems required by this chapter, the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), and any other marine resource law implemented by the Secretary, and, with the permission of a State, any marine resource law implemented by such State; (2) integrate information collection pro- grams under existing fishery management plans into a non-duplicative information col- lection and management system; (3) avoid duplication of existing State, trib- al, or Federal systems and shall utilize, to the maximum extent practicable, information col- lected from existing systems; (4) provide for implementation of the system through cooperative agreements with appro- priate State, regional, or tribal entities and Marine Fisheries Commissions; (5) provide for funding (subject to appropria- tions) to assist appropriate State, regional, or tribal entities and Marine Fisheries Commis- sions in implementation; (6) establish standardized units of measure- ment, nomenclature, and formats for the col- lection and submission of information; (7) minimize the paperwork required for ves- sels registered under the system; (8) include all species of fish within the geo- graphic areas of authority of the Councils and all fishing vessels including charter fishing vessels, but excluding recreational fishing ves- sels; (9) require United States fish processors, and fish dealers and other first ex-vessel pur- chasers of fish that are subject to the proposed system, to submit information (other than economic information) which may be nec- essary to meet the goals of the proposed sys- tem; and (10) include procedures necessary to ensure— (A) the confidentiality of information col- lected under this section in accordance with section 1881a(b) of this title; and (B) the timely release or availability to the public of information collected under this section consistent with section 1881a(b) of this title. (b) Fishing vessel registration The proposed registration system should, at a minimum, obtain the following information for each fishing vessel— (1) the name and official number or other identification, together with the name and ad- dress of the owner or operator or both; (2) gross tonnage, vessel capacity, type and quantity of fishing gear, mode of operation (catcher, catcher processor, or other), and such other pertinent information with respect to vessel characteristics as the Secretary may require; and (3) identification (by species, gear type, geo- graphic area of operations, and season) of the fisheries in which the fishing vessel partici- pates. (c) Fishery information The proposed information management sys- tem should, at a minimum, provide basic fish- eries performance information for each fishery, including— (1) the number of vessels participating in the fishery including charter fishing vessels; (2) the time period in which the fishery oc- curs; (3) the approximate geographic location or official reporting area where the fishery oc- curs; (4) a description of fishing gear used in the fishery, including the amount and type of such gear and the appropriate unit of fishing effort; and (5) other information required under sub- section 1 1853(a)(5) of this title or requested by the Council under section 1881a of this title. Page 2123 TITLE 16—CONSERVATION § 1881 (d) Use of registration Any registration recommended under this sec- tion shall not be considered a permit for the purposes of this chapter, and the Secretary may not propose to revoke, suspend, deny, or impose any other conditions or restrictions on any such registration or the use of such registration under this chapter. (e) Public comment Within one year after October 11, 1996, the Sec- retary shall publish in the Federal Register for a 60-day public comment period a proposal that would provide for implementation of a standard- ized fishing vessel registration and information collection system that meets the requirements of subsections (a) through (c). The proposal shall include— (1) a description of the arrangements of the Secretary for consultation and cooperation with the department in which the Coast Guard is operating, the States, the Councils, Marine Fisheries Commissions, the fishing industry and other interested parties; and (2) any proposed regulations or legislation necessary to implement the proposal. (f) Congressional transmittal Within 60 days after the end of the comment period and after consideration of comments re- ceived under subsection (e), the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives a recommended proposal for im- plementation of a national fishing vessel reg- istration system that includes— (1) any modifications made after comment and consultation; (2) a proposed implementation schedule, in- cluding a schedule for the proposed coopera- tive agreements required under subsection (a)(4); and (3) recommendations for any such additional legislation as the Secretary considers nec- essary or desirable to implement the proposed system. (g) Recreational fisheries (1) Federal program The Secretary shall establish and implement a regionally based registry program for rec- reational fishermen in each of the 8 fishery management regions. The program, which shall not require a fee before January 1, 2011, shall provide for— (A) the registration (including identifica- tion and contact information) of individuals who engage in recreational fishing— (i) in the Exclusive Economic Zone; (ii) for anadromous species; or (iii) for Continental Shelf fishery re- sources beyond the Exclusive Economic Zone; and (B) if appropriate, the registration (includ- ing the ownership, operator, and identifica- tion of the vessel) of vessels used in such fishing. (2) State programs The Secretary shall exempt from registra- tion under the program recreational fishermen and charter fishing vessels licensed, per- mitted, or registered under the laws of a State if the Secretary determines that information from the State program is suitable for the Secretary’s use or is used to assist in com- pleting marine recreational fisheries statis- tical surveys, or evaluating the effects of pro- posed conservation and management measures for marine recreational fisheries. (3) Data collection (A) Improvement of the marine recreational fishery statistics survey Within 24 months after January 12, 2007, the Secretary, in consultation with rep- resentatives of the recreational fishing in- dustry and experts in statistics, technology, and other appropriate fields, shall establish a program to improve the quality and accu- racy of information generated by the Marine Recreational Fishery Statistics Survey, with a goal of achieving acceptable accuracy and utility for each individual fishery. (B) NRC report recommendations The program shall take into consideration and, to the extent feasible, implement the recommendations of the National Research Council in its report Review of Recreational Fisheries Survey Methods (2006), including— (i) redesigning the Survey to improve the effectiveness and appropriateness of sampling and estimation procedures, its applicability to various kinds of manage- ment decisions, and its usefulness for so- cial and economic analyses; and (ii) providing for ongoing technical eval- uation and modification as needed to meet emerging management needs. (C) Methodology Unless the Secretary determines that al- ternate methods will achieve this goal more efficiently and effectively, the program shall, to the extent possible, include— (i) an adequate number of intercepts to accurately estimate recreational catch and effort; (ii) use of surveys that target anglers registered or licensed at the State or Fed- eral level to collect participation and ef- fort data; (iii) collection and analysis of vessel trip report data from charter fishing vessels; (iv) development of a weather corrective factor that can be applied to recreational catch and effort estimates; and (v) an independent committee composed of recreational fishermen, academics, per- sons with expertise in stock assessments and survey design, and appropriate per- sonnel from the National Marine Fisheries Service to review the collection estimates, geographic, and other variables related to dockside intercepts and to identify defi- ciencies in recreational data collection, and possible correction measures. (D) Deadline The Secretary shall complete the program under this paragraph and implement the im- proved Marine Recreational Fishery Statis- tics Survey not later than January 1, 2009. Page 2124 TITLE 16—CONSERVATION § 1881 (4) Federal-State partnerships (A) Establishment The Secretary shall establish a partner- ship with a State to develop best practices for implementing the State program estab- lished under paragraph (2). (B) Guidance The Secretary shall develop guidance, in cooperation with the States, that details best practices for administering State pro- grams pursuant to paragraph (2), and provide such guidance to the States. (C) Biennial report The Secretary shall submit to the appro- priate committees of Congress and publish biennial reports that include— (i) the estimated accuracy of— (I) the information provided under sub- paragraphs (A) and (B) of paragraph (1) for each registry program established under that paragraph; and (II) the information from each State program that is used to assist in com- pleting surveys or evaluating effects of conservation and management measures under paragraph (2); (ii) priorities for improving recreational fishing data collection; and (iii) an explanation of any use of infor- mation collected by such State programs and by the Secretary. (D) States grant program (i) In general The Secretary may make grants to States to— (I) improve implementation of State programs consistent with this sub- section; and (II) assist such programs in complying with requirements related to changes in recreational data collection under para- graph (3). (ii) Use of funds Any funds awarded through such grants shall be used to support data collection, quality assurance, and outreach to entities submitting such data. The Secretary shall prioritize such grants based on the ability of the grant to improve the quality and ac- curacy of such programs. (5) Report Within 24 months after establishment of the program, the Secretary shall submit a report to Congress that describes the progress made toward achieving the goals and objectives of the program. (h) Action by Secretary The Secretary shall— (1) within 90 days after December 31, 2018, enter into an agreement with the National Academy of Sciences to evaluate, in the form of a report— (A) how the design of the Marine Rec- reational Information Program, for the pur- poses of stock assessment and the deter- mination of stock management reference points, can be improved to better meet the needs of in-season management of annual catch limits under section 1853(a)(15) of this title; and (B) what actions the Secretary, Councils, and States could take to improve the accu- racy and timeliness of data collection and analysis to improve the Marine Recreational Information Program and facilitate in-sea- son management; and (2) within 6 months after receiving the re- port under paragraph (1), submit to Congress recommendations regarding— (A) changes to be made to the Marine Rec- reational Information Program to make the program better meet the needs of in-season management of annual catch limits and other requirements under such section; and (B) alternative management approaches that could be applied to recreational fish- eries for which the Marine Recreational In- formation Program is not meeting the needs of in-season management of annual catch limits, consistent with other requirements of this chapter, until such time as the changes in subparagraph (A) are imple- mented. (Pub. L. 94–265, title IV, § 401, as added Pub. L. 104–297, title II, § 202, Oct. 11, 1996, 110 Stat. 3605; amended Pub. L. 109–479, title II, § 201, Jan. 12, 2007, 120 Stat. 3611; Pub. L. 115–405, § 202, Dec. 31, 2018, 132 Stat. 5359.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1), (d) and (h)(2)(B), was in the original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Mag- nuson-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. The Marine Mammal Protection Act, referred to in subsec. (a)(1), probably means the Marine Mammal Pro- tection Act of 1972, 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. PRIOR PROVISIONS A prior section 1881, Pub. L. 94–265, title IV, § 401, Apr. 13, 1976, 90 Stat. 359, related to authority to amend reg- ulations to conform to Law of the Sea Treaty, prior to repeal by Pub. L. 99–659, title I, § 110, Nov. 14, 1986, 100 Stat. 3715. AMENDMENTS 2018—Subsec. (g)(4), (5). Pub. L. 115–405, § 202(1), added par. (4) and redesignated former par. (4) as (5). Subsec. (h). Pub. L. 115–405, § 202(2), added subsec. (h). 2007—Subsec. (g). Pub. L. 109–479 added subsec. (g) and struck out former subsec. (g) which required a report to Congress. 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. Page 2125 TITLE 16—CONSERVATION § 1881a TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. NAS REPORT RECOMMENDATIONS Pub. L. 115–405, § 201(b), Dec. 31, 2018, 132 Stat. 5358, provided that: ‘‘The Secretary of Commerce shall take into consideration and, to the extent feasible, imple- ment the recommendations of the National Academy of Sciences in the report entitled ‘Review of the Marine Recreational Information Program (2017)’, and shall submit, every 2 years following the date of enactment of this Act [Dec. 31, 2018], a report to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Rep- resentatives] detailing progress made implementing those recommendations. Recommendations considered shall include— ‘‘(1) prioritizing the evaluation of electronic data collection, including smartphone applications, elec- tronic diaries for prospective data collection, and an internet website option for panel members or for the public; ‘‘(2) evaluating whether the design of the Marine Recreational Information Program for the purposes of stock assessment and the determination of stock management reference points is compatible with the needs of in-season management of annual catch lim- its; and ‘‘(3) if the Marine Recreational Information Pro- gram is incompatible with the needs of in-season management of annual catch limits, determining an alternative method for in-season management.’’ § 1881a. Information collection (a) Collection programs (1) Council requests If a Council determines that additional in- formation would be beneficial for developing, implementing, or revising a fishery manage- ment plan or for determining whether a fish- ery is in need of management, the Council may request that the Secretary implement an information collection program for the fishery which would provide the types of information specified by the Council. The Secretary shall undertake such an information collection pro- gram if he determines that the need is justi- fied, and shall promulgate regulations to im- plement the program within 60 days after such determination is made. If the Secretary deter- mines that the need for an information collec- tion program is not justified, the Secretary shall inform the Council of the reasons for such determination in writing. The determina- tions of the Secretary under this paragraph re- garding a Council request shall be made with- in a reasonable period of time after receipt of that request. (2) Secretarial initiation If the Secretary determines that additional information is necessary for developing, im- plementing, revising, or monitoring a fishery management plan, or for determining whether a fishery is in need of management, the Sec- retary may, by regulation, implement an in- formation collection or observer program re- quiring submission of such additional informa- tion for the fishery. (b) Confidentiality of information (1) Any information submitted to the Sec- retary, a State fishery management agency, or a marine fisheries commission by any person in compliance with the requirements of this chap- ter shall be confidential and shall not be dis- closed except— (A) to Federal employees and Council em- ployees who are responsible for fishery man- agement plan development, monitoring, or en- forcement; (B) to State or Marine Fisheries Commission employees as necessary to further the Depart- ment’s mission, subject to a confidentiality agreement that prohibits public disclosure of the identity of business of any person; (C) to State employees who are responsible for fishery management plan enforcement, if the States employing those employees have entered into a fishery enforcement agreement with the Secretary and the agreement is in ef- fect; (D) when required by court order; (E) when such information is used by State, Council, or Marine Fisheries Commission em- ployees to verify catch under a limited access program, but only to the extent that such use is consistent with subparagraph (B); (F) when the Secretary has obtained written authorization from the person submitting such information to release such information to persons for reasons not otherwise provided for in this subsection, and such release does not violate other requirements of this chapter; (G) when such information is required to be submitted to the Secretary for any determina- tion under a limited access program; (H) in support of homeland and national se- curity activities, including the Coast Guard’s homeland security missions as defined in sec- tion 468(a)(2) of title 6; or (I) to Federal agencies, to the extent nec- essary and appropriate, to administer Federal programs established to combat illegal, unre- ported, or unregulated fishing or forced labor (as such terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022), which shall not include an authoriza- tion for such agencies to release data to the public unless such release is related to en- forcement. (2) Any observer information shall be con- fidential and shall not be disclosed, except in ac- cordance with the requirements of subpara- graphs (A) through (H) of paragraph (1), or— (A) as authorized by a fishery management plan or regulations under the authority of the North Pacific Council to allow disclosure to the public of weekly summary bycatch infor- mation identified by vessel or for haul-specific bycatch information without vessel identifica- tion; (B) when such information is necessary in proceedings to adjudicate observer certifi- cations; or (C) as authorized by any regulations issued under paragraph (3) allowing the collection of