PRIA, Government Policy, Made Personal

Summary

Start an independent scientific review within 30 days of October 11, 1996 to check whether the catch and effort numbers for Gulf of Mexico red snapper are accurate and complete for commercial, recreational, and charter fishing; whether the science, methods, and models used to judge the stock and guide the management plan are appropriate; whether the management measures protect and manage the stock properly; and what the costs and benefits are of reasonable alternatives to a limited access privilege or individual quota program. Commercial, recreational, and charter fishermen must be allowed to take part in the review and give information without being punished for past failures to report. The Secretary must send a detailed written report of the review to the Gulf Council within one year of October 11, 1996. The Gulf Council may not create or keep preparing any plan before October 1, 2002 that would set up an individual fishing quota program or allow consolidation of licenses that causes different trip limits for vessels in the same class. On or after October 1, 2002, the Council may only prepare or submit such a plan if two referendums approve it. The Secretary will run those votes when the Council asks. Only people who held a vessel permit with a red snapper endorsement on September 1, 1996 (or who received such a permit later) and captains who fished commercially with that endorsement in every red snapper season from January 1, 1993 to September 1, 1996 may vote. Votes are weighted by how much each permit or captain caught between January 1, 1993 and September 1, 1996, and a simple majority wins. Before each vote, the Secretary must identify and notify eligible voters and provide details about the vote and the proposed plan. Any plan sent by the Council after October 11, 1996 must set separate quotas for recreational (including charter) and commercial fishing that close retention for that sector for the rest of the fishing year when its quota is reached, and the quotas must match the sector allocations and not include harvests beyond those allocations.

Title 16, §1883

Conservation, Source: USLM XML via OLRC

(a)Independent peer review

(1)Within 30 days of October 11, 1996, the Secretary shall initiate an independent peer review to evaluate—

(A)the accuracy and adequacy of fishery statistics used by the Secretary for the red snapper fishery in the Gulf of Mexico to account for all commercial, recreational, and charter fishing harvests and fishing effort on the stock;

(B)the appropriateness of the scientific methods, information, and models used by the Secretary to assess the status and trends of the Gulf of Mexico red snapper stock and as the basis for the fishery management plan for the Gulf of Mexico red snapper fishery;

(C)the appropriateness and adequacy of the management measures in the fishery management plan for red snapper in the Gulf of Mexico for conserving and managing the red snapper fishery under this chapter; and

(D)the costs and benefits of all reasonable alternatives to a limited access privilege program for the red snapper fishery in the Gulf of Mexico.

(2)The Secretary shall ensure that commercial, recreational, and charter fishermen in the red snapper fishery in the Gulf of Mexico are provided an opportunity to—

(A)participate in the peer review under this subsection; and

(B)provide information to the Secretary concerning the review of fishery statistics under this subsection without being subject to penalty under this chapter or other applicable law for any past violation of a requirement to report such information to the Secretary.

(3)The Secretary shall submit a detailed written report on the findings of the peer review conducted under this subsection to the Gulf Council no later than one year after October 11, 1996.

(b)Prohibition

In addition to the restrictions under section 1853(d)(1)(A) of this title, the Gulf Council may not, prior to October 1, 2002, undertake or continue the preparation of any fishery management plan, plan amendment or regulation under this chapter for the Gulf of Mexico commercial red snapper fishery that creates an individual fishing quota program or that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits for vessels in the same class.

(c)Referendum

(1)On or after October 1, 2002, the Gulf Council may prepare and submit a fishery management plan, plan amendment, or regulation for the Gulf of Mexico commercial red snapper fishery that creates a limited access privilege program or that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits for vessels in the same class, only if the preparation of such plan, amendment, or regulation is approved in a referendum conducted under paragraph (2) and only if the submission to the Secretary of such plan, amendment, or regulation is approved in a subsequent referendum conducted under paragraph (2).

(2)The Secretary, at the request of the Gulf Council, shall conduct referendums under this subsection. Only a person who held an annual vessel permit with a red snapper endorsement for such permit on September 1, 1996 (or any person to whom such permit with such endorsement was transferred after such date) and vessel captains who harvested red snapper in a commercial fishery using such endorsement in each red snapper fishing season occurring between January 1, 1993, and such date may vote in a referendum under this subsection. The referendum shall be decided by a majority of the votes cast. The Secretary shall develop a formula to weigh votes based on the proportional harvest under each such permit and endorsement and by each such captain in the fishery between January 1, 1993, and September 1, 1996. Prior to each referendum, the Secretary, in consultation with the Council, shall—

(A)identify and notify all such persons holding permits with red snapper endorsements and all such vessel captains; and

(B)make available to all such persons and vessel captains information about the schedule, procedures, and eligibility requirements for the referendum and the proposed individual fishing quota program.

(d)Catch limits

Any fishery management plan, plan amendment, or regulation submitted by the Gulf Council for the red snapper fishery after October 11, 1996, shall contain conservation and management measures that—

(1)establish separate quotas for recreational fishing (which, for the purposes of this subsection shall include charter fishing) and commercial fishing that, when reached, result in a prohibition on the retention of fish caught during recreational fishing and commercial fishing, respectively, for the remainder of the fishing year; and

(2)ensure that such quotas reflect allocations among such sectors and do not reflect any harvests in excess of such allocations.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1)(C), (2)(B) and (b), 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.

Amendments

2007—Subsecs. (a)(1)(D), (c)(1). Pub. L. 109–479 substituted “a limited access privilege” for “an individual fishing quota”. 2000—Subsecs. (b), (c)(1). Pub. L. 106–554 substituted “

October 1, 2002,” for “

October 1, 2000,”.

§1883 Gulf of Mexico Red Snapper Research