§ 971i. — Research on Atlantic highly migratory species.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC971i]
TITLE 16--CONSERVATION
CHAPTER 16A--ATLANTIC TUNAS CONVENTION
Sec. 971i. Research on Atlantic highly migratory species
(a) Omitted
(b) Highly migratory species research and monitoring
(1) Within 6 months after November 3, 1995, the Secretary of
Commerce, in cooperation with the advisory committee established under
section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b)
and in consultation with the United States Commissioners on the
International Commission for the Conservation of Atlantic Tunas
(referred to elsewhere in this section as the ``Commission'') and the
Secretary of State, shall develop and implement a comprehensive research
and monitoring program to support the conservation and management of
Atlantic bluefin tuna and other highly migratory species that shall--
(A) identify and define the range of stocks of highly migratory
species in the Atlantic Ocean, including Atlantic bluefin tuna; and
(B) provide for appropriate participation by nations which are
members of the Commission.
(2) The program shall provide for, but not be limited to--
(A) statistically designed cooperative tagging studies;
(B) genetic and biochemical stock analyses;
(C) population censuses carried out through aerial surveys of
fishing grounds and known migration areas;
(D) adequate observer coverage and port sampling of commercial
and recreational fishing activity;
(E) collection of comparable real-time data on commercial and
recreational catches and landings through the use of permits,
logbooks, landing reports for charter operations and fishing
tournaments, and programs to provide reliable reporting of the catch
by private anglers;
(F) studies of the life history parameters of Atlantic bluefin
tuna and other highly migratory species;
(G) integration of data from all sources and the preparation of
data bases to support management decisions; and
(H) other research as necessary.
(3) In developing a program under this section, the Secretary
shall--
(A) ensure that personnel and resources of each regional
research center shall have substantial participation in the stock
assessments and monitoring of highly migratory species that occur in
the region;
(B) provide for comparable monitoring of all United States
fishermen to which the Atlantic Tunas Convention Act of 1975 applies
with respect to effort and species composition of catch and
discards;
(C) consult with relevant Federal and State agencies, scientific
and technical experts, commercial and recreational fishermen, 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; and
(D) through the Secretary of State, encourage other member
nations to adopt a similar program.
(Pub. L. 96-339, Sec. 3, Sept. 4, 1980, 94 Stat. 1070; Pub. L. 104-43,
title III, Sec. 302(b), Nov. 3, 1995, 109 Stat. 382; Pub. L. 105-384,
title II, Sec. 202(b)(2), Nov. 13, 1998, 112 Stat. 3453.)
References in Text
The Atlantic Tunas Convention Act of 1975, referred to in subsec.
(b)(3)(B), is Pub. L. 94-70, Aug. 5, 1975, 89 Stat. 385, as amended,
which is classified generally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 971 of this title and Tables.
Codification
Subsection (a), which required the Secretary of Commerce to prepare
and submit to Congress a biennial report on the level of taking of
bluefin tuna by United States fishermen in the Convention area as
defined in Article I of the International Convention for the
Conservation of Atlantic Tunas, the status of bluefin tuna stocks within
the Convention area and the trends in their population level, and
related information resulting from implementation of the observer
program under section 1827 of this title, terminated, effective May 15,
2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
a note under section 1113 of Title 31, Money and Finance. See, also,
page 50 of House Document No. 103-7.
Section was not enacted as part of the Atlantic Tunas Convention Act
of 1975 which comprises this chapter.
Amendments
1998--Subsec. (b)(3)(B). Pub. L. 105-384 inserted ``of 1975'' after
``Act''.
1995--Pub. L. 104-43 amended section catchline generally, designated
existing provisions as subsec. (a), inserted heading, struck out last
sentence which read as follows: ``There are authorized to be
appropriated such sums as may be necessary to carry out this section.'',
and added subsec. (b).
