16 U.S.C. § 1884 — Deep sea coral research and technology

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, Page 2132 TITLE 16—CONSERVATION § 1885 shall submit biennial reports to Congress and the public on steps taken by the Secretary to identify, monitor, and protect deep sea coral areas, including summaries of the results of mapping, research, and data collection per- formed under the program. (Pub. L. 94–265, title IV, § 408, as added Pub. L. 109–479, title II, § 211, Jan. 12, 2007, 120 Stat. 3618.) § 1885. Seafood import monitoring program Not later than 30 days after March 23, 2018, the Secretary of Commerce (Secretary) shall lift the stay on the effective date of the final rule for the seafood import monitoring program pub- lished by the Secretary on December 9, 2016, (81 Fed. Reg. 88975 et seq.) for the species described in section 300.324(a)(3) of title 50, Code of Federal Regulations: Provided, That the compliance date for the species described in section 300.324(a)(3) of title 50, Code of Federal Regulations, shall occur not later than December 31, 2018: Provided further, That not later than December 31, 2018, the Secretary shall establish a traceability pro- gram for United States inland, coastal, and ma- rine aquaculture of shrimp and abalone from point of production to entry into United States commerce: Provided further, That the Secretary shall promulgate such regulations as are nec- essary and appropriate to establish and imple- ment the program: Provided further, That infor- mation collected pursuant to a regulation pro- mulgated under this section shall be confiden- tial and not be disclosed except for the informa- tion disclosed under section 401(b)(1) of the Mag- nuson-Stevens Fishery Conservation and Man- agement Act (16 U.S.C. 1881a(b)(1)): Provided fur- ther, That any regulations promulgated under this section shall be enforced as if this section were a provision of the Magnuson-Stevens Fish- ery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the regulations were pro- mulgated under such Act. (Pub. L. 115–141, div. B, title V, § 539, Mar. 23, 2018, 132 Stat. 445.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in text, is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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. CODIFICATION Section was enacted as part of the Commerce, Jus- tice, Science, and Related Agencies Appropriations Act, 2018, and also as part of the Consolidated Appro- priations Act, 2018, and not as part of the Magnuson- Stevens Fishery Conservation and Management Act which comprises this chapter. Statutory Notes and Related Subsidiaries IMPORT AUDITS Pub. L. 117–263, div. K, title CXIII, § 11332, Dec. 23, 2022, 136 Stat. 4099, provided that: ‘‘(a) AUDIT PROCEDURES.—The Secretary shall, not later than 1 year after the date of enactment of this Act [Dec. 23, 2022], implement procedures to audit infor- mation and supporting records of sufficient numbers of imports of seafood and seafood products subject to the Seafood Import Monitoring Program to support statis- tically robust conclusions that the samples audited are representative of all seafood imports covered by the Seafood Import Monitoring Program with respect to a given year. ‘‘(b) EXPANSION OF MARINE FORENSICS LABORATORY.— The Secretary shall, not later than 1 year after the date of enactment of this Act, begin the process of ex- panding the National Oceanic and Atmospheric Admin- istration’s Marine Forensics Laboratory, including by establishing sufficient capacity for the development and deployment of rapid, and follow-up, analysis of field-based tests focused on identifying Seafood Import Monitoring Program species, and prioritizing such spe- cies at high risk of illegal, unreported, or unregulated fishing and seafood fraud. ‘‘(c) ANNUAL REVISION.—In developing the procedures required in subsection (a), the Secretary shall use pre- dictive analytics to inform whether to revise such pro- cedures to prioritize for audit those imports origi- nating from nations— ‘‘(1) identified pursuant to section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protec- tion Act (16 U.S.C. 1826j(a) or 1826k(a)) that have not yet received a subsequent positive certification pur- suant to section 609(d) or 610(c) of such Act, respec- tively; ‘‘(2) identified by an appropriate regional fishery management organization as being the flag state or landing location of vessels identified by other nations or regional fisheries management organizations as engaging in illegal, unreported, or unregulated fish- ing; ‘‘(3) identified as having human trafficking or forced labor in any part of the seafood supply chain, including on vessels flagged in such nation, and in- cluding feed for cultured production, in the most re- cent Trafficking in Persons Report issued by the De- partment of State in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.); ‘‘(4) identified as producing goods that contain sea- food using forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Traf- ficking Victims Protection Act [of 2000] (22 U.S.C. 7101 et seq.); and ‘‘(5) identified as at risk for human trafficking, in- cluding forced labor, in their seafood catching and processing industries by the report required under section 3563 of the Maritime SAFE Act (Public Law 116–92) [133 Stat. 2009].’’ [For definition of terms as used in section 11332 of Pub. L. 117–263, set out above, see section 11329 of div. K of Pub. L. 117–263, set out as a note under section 1885a of this title.] § 1885a. Report on Seafood Import Monitoring Program (a) Report to Congress and public availability of reports The Secretary shall, not later than 120 days after the end of each fiscal year, submit to the Committee on Commerce, Science, and Trans- portation and the Committee on Finance of the Senate and the Committee on Natural Resources and the Committee on Financial Services of the House of Representatives a report that summa- rizes the National Marine Fisheries Service’s ef- forts to prevent the importation of seafood har- vested through illegal, unreported, or unregu- lated fishing, particularly with respect to sea- food harvested, produced, processed, or manufac- tured by forced labor. Each such report shall be made publicly available on the website of the National Oceanic and Atmospheric Administra- tion.