§1867 — Title 16 Conservation | U.S. Code

Summary

The Secretary of Commerce must create a regional cooperative research and management program. It must be done with the Councils and run through partnerships among Federal, State, and Tribal managers and scientists, the fishing industry (including using commercial, charter, or recreational boats for data), and schools and universities. The Secretary must fund projects the Councils say are critical, encourage use of data from other agencies or academia, and award money by competition to coherent research programs that solve Council-identified priorities. The program gives priority to five kinds of projects: improving stock assessments, measuring bycatch and post-release deaths, developing bycatch-reduction gear and tech, finding 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, consistent, regional process for experimental fishing permits. The Secretary must also make rules so people in funded research don’t lose their catch history or unused days-at-sea in limited-entry systems. These procedures do not apply to research paid for by quota set-asides.

Title 16, §1867

Conservation — Source: USLM XML via OLRC

(a)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)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)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)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)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)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