§ 1881. — Registration and information management.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1881]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V--FISHERY MONITORING AND RESEARCH
Sec. 1881. Registration and information management
(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 recommendations for
implementation of a standardized fishing vessel registration and
information 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 requirements 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 programs under existing
fishery management plans into a non-duplicative information
collection and management system;
(3) avoid duplication of existing State, tribal, or Federal
systems and shall utilize, to the maximum extent practicable,
information collected from existing systems;
(4) provide for implementation of the system through cooperative
agreements with appropriate State, regional, or tribal entities and
Marine Fisheries Commissions;
(5) provide for funding (subject to appropriations) to assist
appropriate State, regional, or tribal entities and Marine Fisheries
Commissions in implementation;
(6) establish standardized units of measurement, nomenclature,
and formats for the collection and submission of information;
(7) minimize the paperwork required for vessels registered under
the system;
(8) include all species of fish within the geographic areas of
authority of the Councils and all fishing vessels including charter
fishing vessels, but excluding recreational fishing vessels;
(9) require United States fish processors, and fish dealers and
other first ex-vessel purchasers of fish that are subject to the
proposed system, to submit information (other than economic
information) which may be necessary to meet the goals of the
proposed system; and
(10) include procedures necessary to ensure--
(A) the confidentiality of information collected 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 address 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, geographic area of
operations, and season) of the fisheries in which the fishing vessel
participates.
(c) Fishery information
The proposed information management system should, at a minimum,
provide basic fisheries 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 occurs;
(3) the approximate geographic location or official reporting
area where the fishery occurs;
(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 subsection \1\ 1853(a)(5)
of this title or requested by the Council under section 1881a of
this title.
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\1\ So in original. Probably should be ``section''.
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(d) Use of registration
Any registration recommended under this section 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 Secretary shall publish
in the Federal Register for a 60-day public comment period a proposal
that would provide for implementation of a standardized fishing vessel
registration and information collection system that meets the
requirements of subsections (a) through (c) of this section. 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 received under subsection (e) of this section,
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 implementation of a
national fishing vessel registration system that includes--
(1) any modifications made after comment and consultation;
(2) a proposed implementation schedule, including a schedule for
the proposed cooperative agreements required under subsection (a)(4)
of this section; and
(3) recommendations for any such additional legislation as the
Secretary considers necessary or desirable to implement the proposed
system.
(g) Report to Congress
Within 15 months after October 11, 1996, the Secretary shall report
to Congress on the need to include recreational fishing vessels into a
national fishing vessel registration and information collection system.
In preparing its report, the Secretary shall cooperate with the
Secretary of the department in which the Coast Guard is operating, the
States, the Councils, and Marine Fisheries Commissions, and consult with
governmental and nongovernmental parties.
(Pub. L. 94-265, title IV, Sec. 401, as added Pub. L. 104-297, title II,
Sec. 202, Oct. 11, 1996, 110 Stat. 3605.)
References in Text
This chapter, referred to in subsecs. (a)(1) and (d), was in the
original ``this Act'', meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat.
331, as amended, known as the Magnuson-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 Protection Act of 1972, Pub. L. 92-522,
Oct. 21, 1972, 86 Stat. 1027, as amended, which is classified generally
to chapter 31 (Sec. 1361 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1361 of this title and Tables.
Prior Provisions
A prior section 1881, Pub. L. 94-265, title IV, Sec. 401, Apr. 13,
1976, 90 Stat. 359, related to authority to amend regulations to conform
to Law of the Sea Treaty, prior to repeal by Pub. L. 99-659, title I,
Sec. 110, Nov. 14, 1986, 100 Stat. 3715.
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 relating 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 Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in section 1881c of this title.
