16 U.S.C. § 1870 — Required possession of descending devices
submitted 5 years ago by Pub. L. 94-265 to r/title-16-CONSERVATION · 300 words · no verdicts yet
A person fishing for Gulf reef fish in the Gulf of Mexico Exclusive Economic Zone must have a rigged, ready-to-use venting tool or descending device on the vessel. The section preserves specified restoration activities and defines “descending device,” “venting tool,” and “Gulf reef fish.”
(a) Require gear in the Gulf reef fish* fishery*. While fishing* occurs, a person* on a commercial or recreational vessel may not fish for Gulf reef fish in the Gulf of Mexico Exclusive Economic Zone* unless the vessel has a rigged, ready-to-use venting tool or descending device on board.
(b) Savings clause. This section does not affect a program or activity of the Gulf Coast Ecosystem Restoration Council* established by the 2012 Gulf Coast States Act (33 U.S.C. § 1321 note), or a project in an approved Restoration Plan developed by a Natural Resources Damage Assessment Trustee Implementation Group to reduce post-release mortality from barotrauma in Gulf of Mexico recreational reef-fish fisheries. This section does not define “barotrauma” or “Restoration Plan.”
(c) Definitions.
(1) Descending device. A “descending device” is an instrument that—(A) releases fish at a depth sufficient for recovery from barotrauma; (B) is a weighted hook, lip clamp, box, or another device the Secretary* finds appropriate that holds the fish while it is lowered; and (C) can (i) release the fish automatically, (ii) release it through the operator’s actions, or (iii) let it escape on its own.
(2) Venting tool. “Venting tool” has the meaning given by the Gulf of Mexico Fishery Management Council. This section does not give that meaning.
(3) Gulf reef fish. “Gulf reef fish” means any fish chosen by that Council that is in the reef Fishery Management Plan for this chapter.
It shall be unlawful for a person* on board a commercial or recreational vessel to fish for Gulf reef fish in the Gulf of Mexico Exclusive Economic Zone* without possessing on board the vessel a venting tool or a descending device that is rigged and ready for use while fishing* is occurring.
No provision of this section shall be interpreted to affect any program or activity carried out by the Gulf Coast Ecosystem Restoration Council* established by the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note), or any project contained in an approved Restoration Plan developed by any Natural Resources Damage Assessment Trustee Implementation Group to reduce post-release mortality from barotrauma in Gulf of Mexico Reef Fish Recreational Fisheries.
In this section:
The term “descending device” means an instrument that—
will release fish at a depth sufficient for the fish to be able to recover from the effects of barotrauma;
is a weighted hook, lip clamp, or box that will hold the fish while it is lowered to depth, or another device determined to be appropriate by the Secretary*; and
is capable of—
releasing the fish automatically;
releasing the fish by actions of the operator of the device; or
allowing the fish to escape on its own.
The term “venting tool” has the meaning given to it by the Gulf of Mexico Fishery Management Council.
The term “Gulf reef fish” means any fish chosen by the Gulf of Mexico Fishery Management Council that is in the reef Fishery Management Plan for the purposes of this chapter.
Source credit: (Pub. L. 94–265, title III, § 321, as added Pub. L. 116–340, § 3(a), Jan. 13, 2021, 134 Stat. 5128.)
- 2021Enacted · Pub. L. 94-265 · 134 Stat. 5128
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-265 on 2021-01-13.
all 0 arguments · sorted by: best
no arguments yet — make the first case