16 U.S.C. § 1882: Fisheries systems research

Summary

The Secretary must create an advisory panel within 180 days after October 11, 1996 to make recommendations on using ecosystem ideas in fishery conservation and management. The panel can have up to 20 members. It must include people who know how ecosystems work and representatives from Councils, States, the fishing industry, conservation groups, or others with marine resource management know-how. Before picking the ecosystem experts, the Secretary must ask the National Academy of Sciences for suggestions. The panel will be treated as an advisory panel under other federal advisory rules. Within 2 years after October 11, 1996, the Secretary must send Congress a report that reviews how ecosystem ideas are being used (including in research), lists actions the Secretary and Congress should take to expand their use, and includes any other appropriate information. Within 180 days after January 12, 2007, the Secretary must complete a study on the science needed to bring ecosystem thinking into regional fishery management. The study must build on the panel’s recommendations and cover needed scientific data, information, and technology and how to combine data from federal, state, and regional sources; ways to include broad stakeholder participation; how to account for environmental changes that affect fish and fisheries; and a description of current council efforts and lessons learned. The Secretary may provide technical help and grants to Councils to design regional pilot programs based on the panel’s recommendations and the study.

Title 16, §1882

Conservation, Source: USLM XML via OLRC

(a)Establishment of panel

Not later than 180 days after October 11, 1996, the Secretary shall establish an advisory panel under this chapter to develop recommendations to expand the application of ecosystem principles in fishery conservation and management activities.

(b)Panel membership

The advisory panel shall consist of not more than 20 individuals and include—

(1)individuals with expertise in the structures, functions, and physical and biological characteristics of ecosystems; and

(2)representatives from the Councils, States, fishing industry, conservation organizations, or others with expertise in the management of marine resources.

(c)Recommendations

Prior to selecting advisory panel members, the Secretary shall, with respect to panel members described in subsection (b)(1), solicit recommendations from the National Academy of Sciences.

(d)Report

Within 2 years after October 11, 1996, the Secretary shall submit to the Congress a completed report of the panel established under this section, which shall include—

(1)an analysis of the extent to which ecosystem principles are being applied in fishery conservation and management activities, including research activities;

(2)proposed actions by the Secretary and by the Congress that should be undertaken to expand the application of ecosystem principles in fishery conservation and management; and

(3)such other information as may be appropriate.

(e)Procedural matter

The advisory panel established under this section shall be deemed an advisory panel under section 1852(g) of this title.

(f)Regional ecosystem research

(1)Study

Within 180 days after January 12, 2007, the Secretary, in consultation with the Councils, shall undertake and complete a study on the state of the science for advancing the concepts and integration of ecosystem considerations in regional fishery management. The study should build upon the recommendations of the advisory panel and include—

(A)recommendations for scientific data, information and technology requirements for understanding ecosystem processes, and methods for integrating such information from a variety of federal, state, and regional sources;

(B)recommendations for processes for incorporating broad stake holder participation;

(C)recommendations for processes to account for effects of environmental variation on fish stocks and fisheries; and

(D)a description of existing and developing council efforts to implement ecosystem approaches, including lessons learned by the councils.

(2)Agency technical advice and assistance, regional pilot programs

The Secretary is authorized to provide necessary technical advice and assistance, including grants, to the Councils for the development and design of regional pilot programs that build upon the recommendations of the advisory panel and, when completed, the study.

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. Codification October 11, 1996, referred to in subsec. (d), was in the original “the date of enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 104–297, which amended this section generally, to reflect the probable intent of Congress.

Amendments

2007—Subsec. (f). Pub. L. 109–479 added subsec. (f). 1996—Pub. L. 104–297 amended section catchline and text generally. Prior to amendment, section authorized appropriations to carry out this chapter for fiscal year ending

June 30, 1976 to fiscal year ending

September 30, 1993. 1990—Pars. (16) to (19). Pub. L. 101–627 added pars. (16) to (19). 1986—Pars. (12) to (15). Pub. L. 99–659 added pars. (12) to (15). 1983—Pars. (9) to (11). Pub. L. 97–453 added pars. (9) to (11). 1979—Pars. (6) to (8). Pub. L. 96–61 added pars. (6) to (8). 1978—Par. (5). Pub. L. 95–354 added par. (5).

§1882 Fisheries Systems Research