§ 1881c. — Fisheries research.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1881c]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V--FISHERY MONITORING AND RESEARCH
Sec. 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
further the purposes, policy, and provisions of this chapter. Such
program shall be designed to acquire knowledge and information,
including statistics, 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
Register a strategic plan for fisheries research for the 5 years
immediately following such publication. The plan shall--
(1) identify and describe a comprehensive program with a limited
number of priority objectives for research in each of the areas
specified in subsection (c) of this section;
(2) indicate goals and timetables for the program 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 information concerning fishing
activities, catch, effort, stock assessments, and other research
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
abundance 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
populations, the impact of wetland and estuarine degradation, and
other factors affecting the abundance and availability of fish.
(2) Conservation engineering research, including the study of
fish behavior and the development and testing of new gear technology
and fishing techniques to minimize bycatch and any adverse effects
on essential fish habitat 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 communities.
(4) Information management research, including the development
of a fishery information base and an information management system
under section 1881 of this title that will permit the full use of
information in the support of effective fishery conservation and
management.
(d) Public notice
In developing the plan required under subsection (a) of this
section, the Secretary shall consult with relevant Federal, State, and
international agencies, 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 affected commercial
fishermen are actively involved in the development of the portion of the
plan pertaining to conservation engineering research. Upon final
publication in the Federal Register, the plan shall be submitted by the
Secretary to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Resources of the House of
Representatives.
(Pub. L. 94-265, title IV, Sec. 404, as added Pub. L. 104-297, title II,
Sec. 205, Oct. 11, 1996, 110 Stat. 3609.)
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.
Study of Contribution of Bycatch to Charitable Organizations
Section 208 of Pub. L. 104-297, as amended by Pub. L. 104-208, div.
A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110
Stat. 3009, 3009-41, provided that:
``(a) Study.--The Secretary of Commerce shall conduct a study of the
contribution of bycatch to charitable organizations by commercial
fishermen. The study shall include determinations of--
``(1) the amount of bycatch that is contributed each year to
charitable organizations by commercial fishermen;
``(2) the economic benefits to commercial fishermen from those
contributions; and
``(3) the impact on fisheries of the availability of those
benefits.
``(b) Report.--Not later than 1 year after the date of enactment of
this Act [Oct. 11, 1996], the Secretary of Commerce shall submit to the
Congress a report containing determinations made in the study under
subsection (a).
``(c) Bycatch Defined.--In this section the term `bycatch' has the
meaning given that term in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act [16 U.S.C. 1802], as amended by section
102 of this Act.''
