§1891b — Title 16 Conservation | U.S. Code

Summary

Creates a Fisheries Conservation and Management Fund and requires the Commerce Secretary to keep it. Money in the fund is available to the Commerce Department without needing new yearly approvals and does not expire at the end of a fiscal year. The fund can pay for seven kinds of things, including better fish catch data (like electronic reporting and electronic monitoring or VMS on small boats), cooperative research with fishermen and communities, ways to improve fish quality and safety, testing fish for contaminants and their sources, marketing U.S. sustainable seafood and consumer education, better recreational fishery data, and help for fishermen to pay to change gear or practices to meet federal rules. The fund can get money from council quota set‑asides that councils designate, from appropriations, and from state, public, private, or nonprofit contributions. Every two years the Secretary must divide the money among the eight regional fishery councils based on their priorities, and no region can get less than 5 percent. The fund cannot be used for other agency costs except the uses listed above.

Title 16, §1891b

Conservation — Source: USLM XML via OLRC

(a)The Secretary shall establish and maintain a fund, to be known as the “Fisheries Conservation and Management Fund”, which shall consist of amounts retained and deposited into the Fund under subsection (c).

(b)Subject to the allocation of funds described in subsection (d), amounts in the Fund shall be available to the Secretary of Commerce, without appropriation or fiscal year limitation, to disburse as described in subsection (e) for—

(1)efforts to improve fishery harvest data collection including—

(A)expanding the use of electronic catch reporting programs and technology; and

(B)improvement of monitoring and observer coverage through the expanded use of electronic monitoring devices and satellite tracking systems such as VMS on small vessels;

(2)cooperative fishery research and analysis, in collaboration with fishery participants, academic institutions, community residents, and other interested parties;

(3)development of methods or new technologies to improve the quality, health safety, and value of fish landed;

(4)conducting analysis of fish and seafood for health benefits and risks, including levels of contaminants and, where feasible, the source of such contaminants;

(5)marketing of sustainable United States fishery products, including consumer education regarding the health or other benefits of wild fishery products harvested by vessels of the United States;

(6)improving data collection under the Marine Recreational Fishery Statistics Survey in accordance with section 401(g)(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881(g)(3)); and

(7)providing financial assistance to fishermen to offset the costs of modifying fishing practices and gear to meet the requirements of this Act, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and other Federal laws in pari materia.

(c)(1)Any amount generated through quota set-asides established by a Council under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and designated by the Council for inclusion in the Fishery Conservation and Management Fund, may be deposited in the Fund.

(2)In addition to amounts received pursuant to paragraph (1) of this subsection, the Fishery Conservation and Management Fund may also receive funds from—

(A)appropriations for the purposes of this section; and

(B)States or other public sources or private or non-profit organizations for purposes of this section.

(d)The Secretary shall, every 2 years, apportion monies from the Fund among the eight Council regions according to recommendations of the Councils, based on regional priorities identified through the Council process, except that no region shall receive less than 5 percent of the Fund in each allocation period.

(e)No amount made available from the Fund may be used to defray the costs of carrying out requirements of this Act or the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) other than those uses identified in this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (b)(7) and (e), is Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3575, known as the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006. For complete classification of this Act to the Code, see

Short Title

of 2007 Amendment note set out under section 1801 of this title and Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsecs. (b)(7), (c)(1), and (e), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note set out under section 1801 of this title and Tables. Codification Section was enacted as part of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

§1891b Fisheries Conservation and Management Fund

Summary

Title 16, §1891b

Notes & Related Subsidiaries

Editorial Notes

References in Text

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