§ 1881d. — Incidental harvest 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: 16USC1881d]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V--FISHERY MONITORING AND RESEARCH
Sec. 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 incidental harvest by the shrimp trawl
fishery within 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) of this section
shall provide for the identification of stocks of fish which are subject
to significant incidental 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 subsection (b) of this
section, with priority given to stocks which (based upon the best
available scientific information) are considered to be overfished, the
Secretary shall conduct--
(1) a program to collect and evaluate information on the nature
and extent (including the spatial and temporal distribution) of
incidental mortality of such stocks as a direct result of shrimp
trawl fishing activities;
(2) an assessment of the status and condition of such stocks,
including collection of information which would allow the estimation
of life history parameters with sufficient accuracy and precision to
support sound scientific evaluation of the effects of various
management 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
fishing 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 affected interests, and based upon the best
scientific information available, complete a program to--
(1) develop technological devices and other changes in fishing
operations necessary and appropriate to minimize the incidental
mortality 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 completing 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 throughout the range in
United States waters of the bycatch species concerned; and
(2) the need to avoid any serious adverse environmental impacts
on such bycatch species or the ecology of the affected area.
(Pub. L. 94-265, title IV, Sec. 405, as added Pub. L. 104-297, title II,
Sec. 206, Oct. 11, 1996, 110 Stat. 3611.)
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.
