Title 16, ConservationRelease 119-110

§1870 Required Possession of Descending Devices

Title 16 › CHAPTER 38 — FISHERY CONSERVATION AND MANAGEMENT › SUBCHAPTER IV — NATIONAL FISHERY MANAGEMENT PROGRAM › § 1870

Last updated Sep 22, 2026|Official source

Summary

When people fish for Gulf reef fish from a commercial or recreational boat in the Gulf of Mexico Exclusive Economic Zone, they must have a venting tool or a descending device on board and ready to use while fishing. This requirement does not change any work by the Gulf Coast Ecosystem Restoration Council under the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, or any approved Natural Resources Damage Assessment Trustee projects that reduce deaths from barotrauma in Gulf reef fish recreational fisheries. Descending device: a tool that returns a fish to a depth where it can recover, such as a weighted hook, lip clamp, box, or another approved device, and that can release the fish automatically, by the operator, or let the fish escape. Venting tool: the tool defined by the Gulf of Mexico Fishery Management Council. Gulf reef fish: fish listed by the Gulf of Mexico Fishery Management Council in the Reef Fishery Management Plan.

Full Legal Text

Title 16, §1870

Conservation, Source: USLM XML via OLRC

(a)Require gear in the Gulf reef fish fishery
It shall be unlawful for a person on board a commercial or recreational vessel to fish for Gulf reef fish in the Gulf of Mexico Exclusive Economic Zone without possessing on board the vessel a venting tool or a descending device that is rigged and ready for use while fishing is occurring.
(b)Savings clause
No provision of this section shall be interpreted to affect any program or activity carried out by the Gulf Coast Ecosystem Restoration Council established by the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note), or any project contained in an approved Restoration Plan developed by any Natural Resources Damage Assessment Trustee Implementation Group to reduce post-release mortality from barotrauma in Gulf of Mexico Reef Fish Recreational Fisheries.
(c)Definitions
In this section: (1) Descending device
(2)Venting tool
The term “venting tool” has the meaning given to it by the Gulf of Mexico Fishery Management Council.
(3)Gulf reef fish
The term “Gulf reef fish” means any fish chosen by the Gulf of Mexico Fishery Management Council that is in the reef Fishery Management Plan for the purposes of this chapter.

Legislative History

Notes & Related Subsidiaries

Termination of SectionFor termination of section five years after Jan. 13, 2021, see Effective and Termination Dates note below.

Editorial Notes

References in Text

The Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, referred to in subsec. (b), is subtitle F (§ 1601 et seq.) of Pub. L. 112–141, div. A, title I, July 6, 2012, 126 Stat. 588, which is set out as a note under section 1321 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Tables. This chapter, referred to in subsec. (c)(3), 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.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates Section effective 1 year after Jan. 13, 2021, see section 3(c) of Pub. L. 116–340, set out as an Effective and Termination Dates of 2021 Amendment note under section 1858 of this title. Pub. L. 116–340, § 3(e), Jan. 13, 2021, 134 Stat. 5129, provided in part that the termination of this section by section 3(e)(3) is effective five years after Jan. 13, 2021.

Reference

Citations & Metadata

Citation

16 U.S.C. § 1870

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110