16 U.S.C. § 1891b: Fisheries Conservation and…

Summary

The Secretary of Commerce must set up and run a Fisheries Conservation and Management Fund. Money put into the Fund can come from quota set‑asides that Councils designate, from Congressional appropriations, or from state, public, private, or nonprofit sources. The Secretary can use the Fund without needing a new appropriation and the money is not limited to a single fiscal year. Every 2 years the Secretary must split the Fund among the eight regional fishery councils using their recommendations, and no region can get less than 5 percent. The Fund can only pay for certain things, including improving fishery data and monitoring (like electronic catch reporting and electronic monitoring or satellite tracking on small boats), cooperative research, new ways to improve fish quality and safety, testing fish for contaminants and their sources when possible, marketing and consumer education for U.S. sustainable fish, better recreational fishery data, and help for fishermen to change gear or practices to meet this law and related federal fishery laws. The money cannot be used for other purposes.

Title 16, §1891b

Conservation, Source: USLM XML via OLRC

(a)In general

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)Purposes

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)

(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)Deposits to the Fund

(1)Quota set-asides

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)Other funds

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)Regional allocation

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)Limitation on the use of the Fund

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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