16 U.S.C. § 1867: Cooperative research and…

Summary

The Secretary of Commerce must set up a regional cooperative research and management program with the Councils. It will tackle needs under this chapter and other marine resource laws the Secretary enforces. The program must run regionally and be done with federal, state, and Tribal managers and scientists, fishing industry participants (including commercial, charter, or recreational boats used for data), and educational institutions. The Secretary will fund projects the Councils identify, encourage use of data from other agencies or universities, and award money competitively to build coherent regional research efforts. Priority goes to five types of projects: improving stock assessments (including vessel or acoustic tools), measuring bycatch and post-release mortality, conservation engineering to reduce bycatch and share technology, identifying and protecting key habitats, and collecting economic and social data. Within 180 days after January 12, 2007, the Secretary must create rules for a faster, uniform, region-based process for experimental fishing permits. The Secretary must also set guidelines so people who join funded research do not lose catch history or unused days-at-sea in limited entry systems. The procedures here do not apply to research paid for by quota set-asides.

Title 16, §1867

Conservation, Source: USLM XML via OLRC

(a)In general

The Secretary of Commerce, in consultation with the Councils, shall establish a cooperative research and management program to address needs identified under this chapter and under any other marine resource laws enforced by the Secretary. The program shall be implemented on a regional basis and shall be developed and conducted through partnerships among Federal, State, and Tribal managers and scientists (including interstate fishery commissions), fishing industry participants (including use of commercial charter or recreational vessels for gathering data), and educational institutions.

(b)Eligible projects

The Secretary shall make funds available under the program for the support of projects to address critical needs identified by the Councils in consultation with the Secretary. The program shall promote and encourage efforts to utilize sources of data maintained by other Federal agencies, State agencies, or academia for use in such projects.

(c)Funding

In making funds available the Secretary shall award funding on a competitive basis and based on regional fishery management needs, select programs that form part of a coherent program of research focused on solving priority issues identified by the Councils, and shall give priority to the following projects:

(1)Projects to collect data to improve, supplement, or enhance stock assessments, including the use of fishing vessels or acoustic or other marine technology.

(2)Projects to assess the amount and type of bycatch or post-release mortality occurring in a fishery.

(3)Conservation engineering projects designed to reduce bycatch, including avoidance of post-release mortality, reduction of bycatch in high seas fisheries, and transfer of such fishing technologies to other nations.

(4)Projects for the identification of habitat areas of particular concern and for habitat conservation.

(5)Projects designed to collect and compile economic and social data.

(d)Experimental permitting process

Not later than 180 days after January 12, 2007, the Secretary, in consultation with the Councils, shall promulgate regulations that create an expedited, uniform, and regionally-based process to promote issuance, where practicable, of experimental fishing permits.

(e)Guidelines

The Secretary, in consultation with the Councils, shall establish guidelines to ensure that participation in a research project funded under this section does not result in loss of a participant’s catch history or unexpended days-at-sea as part of a limited entry system.

(f)Exempted projects

The procedures of this section shall not apply to research funded by quota set-asides in a fishery.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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.

§1867 Cooperative Research and Management Program