[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1883]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V--FISHERY MONITORING AND RESEARCH
Sec. 1883. Gulf of Mexico red snapper research
(a) Independent peer review
(1) Within 30 days of October 11, 1996, the Secretary shall initiate
an independent peer review to evaluate--
(A) the accuracy and adequacy of fishery statistics used by the
Secretary for the red snapper fishery in the Gulf of Mexico to
account for all commercial, recreational, and charter fishing
harvests and fishing effort on the stock;
(B) the appropriateness of the scientific methods, information,
and models used by the Secretary to assess the status and trends of
the Gulf of Mexico red snapper stock and as the basis for the
fishery management plan for the Gulf of Mexico red snapper fishery;
(C) the appropriateness and adequacy of the management measures
in the fishery management plan for red snapper in the Gulf of Mexico
for conserving and managing the red snapper fishery under this
chapter; and
(D) the costs and benefits of all reasonable alternatives to an
individual fishing quota program for the red snapper fishery in the
Gulf of Mexico.
(2) The Secretary shall ensure that commercial, recreational, and
charter fishermen in the red snapper fishery in the Gulf of Mexico are
provided an opportunity to--
(A) participate in the peer review under this subsection; and
(B) provide information to the Secretary concerning the review
of fishery statistics under this subsection without being subject to
penalty under this chapter or other applicable law for any past
violation of a requirement to report such information to the
Secretary.
(3) The Secretary shall submit a detailed written 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
continue the preparation of any fishery management 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 endorsements that
result in different trip limits for vessels 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 an individual
fishing quota 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 conducted under
paragraph (2) and only if the submission to the Secretary of such plan,
amendment, 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 person to whom such permit with such
endorsement was transferred after such date) and vessel captains who
harvested red snapper in a commercial fishery using such endorsement in
each red snapper fishing season occurring between January 1, 1993, and
such date may vote in a referendum 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
referendum, the Secretary, in consultation with the Council, shall--
(A) identify and notify all such persons holding permits with
red snapper endorsements and all such vessel captains; and
(B) make available to all such persons and vessel captains
information about the schedule, procedures, and eligibility
requirements for the referendum and the proposed individual fishing
quota program.
(d) Catch limits
Any fishery management plan, plan amendment, or regulation submitted
by the Gulf Council for the red snapper fishery after October 11, 1996,
shall contain conservation and management measures that--
(1) establish separate quotas for recreational fishing (which,
for the purposes of this subsection shall include charter fishing)
and commercial 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 allocations among such
sectors and do not reflect any harvests in excess of such
allocations.
(Pub. L. 94-265, title IV, Sec. 407, as added Pub. L. 104-297, title II,
Sec. 207(b), Oct. 11, 1996, 110 Stat. 3612; amended Pub. L. 106-554,
