16 U.S.C. § 1867 — Cooperative research and management program
submitted 19 years ago by Pub. L. 94-265 to r/title-16-CONSERVATION · 391 words · no verdicts yet
The Secretary of Commerce must establish a regional cooperative research and management program with Federal, State, Tribal, industry, and educational participants. Funding is competitive and must prioritize specified fishery research, conservation, habitat, and economic or social-data projects.
(a) In general. After consulting the Councils, the Commerce Secretary* must establish a cooperative research and management program addressing needs identified under this chapter and other marine-resource laws enforced by the Secretary. It must operate regionally and be developed and conducted through partnerships among Federal, State*, and Tribal managers and scientists, including interstate fishery* commissions; fishing*-industry participants, including commercial charter or recreational vessels used to gather data; and educational institutions.
(b) Eligible projects. The Secretary must make program funds available for projects addressing critical needs identified by the Councils in consultation with the Secretary. The program must promote and encourage use of data held by other Federal or State agencies or academia.
(c) Funding. The Secretary must award funds competitively and based on regional fishery-management needs. The Secretary must select programs forming a coherent research program focused on priority issues identified by the Councils and prioritize: (1) projects collecting data to improve, supplement, or enhance stock assessments, including use of fishing vessels, acoustic technology, or other marine technology; (2) projects assessing the amount and type of bycatch* or post-release mortality in a fishery; (3) conservation-engineering projects reducing bycatch, including avoiding post-release mortality, reducing bycatch in high-seas fisheries, and transferring those fishing technologies to other nations; (4) projects identifying habitat areas of particular concern and conserving habitat; and (5) projects collecting and compiling economic and social data.
(d) Experimental permitting process. Within 180 days after January 12, 2007, the Secretary, after consulting the Councils, must issue regulations creating an expedited, uniform, regional process to promote issuing experimental fishing permits where practicable.
(e) Guidelines. After consulting the Councils, the Secretary must establish guidelines ensuring that participating in a research project funded under this section does not cause a participant to lose catch history or unused days at sea under a limited-entry system.
(f) Exempted projects. This section’s procedures do not apply to research funded by quota set-asides in a fishery.
The Secretary* of Commerce, in consultation with the Councils, shall establish a cooperative research and management program to address needs identified under this chapter and under any other marine resource laws enforced by the Secretary. The program shall be implemented on a regional basis and shall be developed and conducted through partnerships among Federal, State*, and Tribal managers and scientists (including interstate fishery* commissions), fishing* industry participants (including use of commercial charter or recreational vessels for gathering data), and educational institutions.
The Secretary shall make funds available under the program for the support of projects to address critical needs identified by the Councils in consultation with the Secretary. The program shall promote and encourage efforts to utilize sources of data maintained by other Federal agencies, State agencies, or academia for use in such projects.
In making funds available the Secretary shall award funding on a competitive basis and based on regional fishery management needs, select programs that form part of a coherent program of research focused on solving priority issues identified by the Councils, and shall give priority to the following projects:
Projects to collect data to improve, supplement, or enhance stock assessments, including the use of fishing vessels or acoustic or other marine technology.
Projects to assess the amount and type of bycatch* or post-release mortality occurring in a fishery.
Conservation engineering projects designed to reduce bycatch, including avoidance of post-release mortality, reduction of bycatch in high seas* fisheries, and transfer of such fishing technologies to other nations.
Projects for the identification of habitat areas of particular concern and for habitat conservation.
Projects designed to collect and compile economic and social data.
Not later than 180 days after January 12, 2007, the Secretary, in consultation with the Councils, shall promulgate regulations that create an expedited, uniform, and regionally-based process to promote issuance, where practicable, of experimental fishing permits.
The Secretary, in consultation with the Councils, shall establish guidelines to ensure that participation in a research project funded under this section does not result in loss of a participant’s catch history or unexpended days-at-sea as part of a limited entry system.
The procedures of this section shall not apply to research funded by quota set-asides in a fishery.
Source credit: (Pub. L. 94–265, title III, § 318, as added Pub. L. 109–479, title II, § 204, Jan. 12, 2007, 120 Stat. 3614.)
- 2007Enacted · Pub. L. 94-265 · 120 Stat. 3614
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-265 on 2007-01-12.
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