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16 U.S.C. § 1881dIncidental harvest research

submitted 30 years ago by Pub. L. 94-265 to r/title-16-CONSERVATION · 505 words · no verdicts yet

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This section addresses Incidental harvest research. It states the requirements, authorities, procedures, and limits contained in the section.

(a) Collection of information Within nine months after October 11, 1996 , the Secretary must, after consultation with the Gulf Council and South Atlantic Council, conclude the collection of information in the program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery within the authority of that Councils. Within the same time period, the Secretary must make available to the public aggregated summaries of information collected before June 30, 1994 under that program. (b) Identification of stock The program concluded under subsection (a) must provide for the identification of stocks of fish which are subject to significant incidental harvest in the course of normal shrimp trawl fishing activity. (c) Collection and assessment of specific stock information For stocks of fish identified under subsection (b), with priority given to stocks which (based upon the best available scientific information) are considered to be overfished, the Secretary must conduct— (1) a program to collect and evaluate information on the nature and extent (including the spatial and temporal distribution) of incidental mortality of that stocks as a direct result of shrimp trawl fishing activities; (2) an assessment of the status and condition of that stocks, including collection of information which would allow the estimation of life history parameters with sufficient accuracy and precision to support sound scientific evaluation of the effects of various management alternatives on the status of that stocks; and (3) a program of information collection and evaluation for that stocks on the magnitude and distribution of fishing mortality and fishing effort by sources of fishing mortality other than shrimp trawl fishing activity. (d) Bycatch reduction program Not later than 12 months after October 11, 1996 , the Secretary must, in cooperation with affected interests, and based upon the best scientific information available, complete a program to— (1) develop technological devices and other changes in fishing operations necessary and appropriate to minimize the incidental mortality of bycatch in the course of shrimp trawl activity to the extent practicable, taking into account the level of bycatch mortality in the fishery on November 28, 1990 ; (2) evaluate the ecological impacts and the benefits and costs of that devices and changes in fishing operations; and (3) assess whether it is practicable to utilize bycatch which is not avoidable. (e) Report to Congress The Secretary must, within one year of completing the programs required by this section, submit a detailed report on the results of that programs to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives. (f) Implementation criteria To the extent practicable, any conservation and management measure implemented under this chapter to reduce the incidental mortality of bycatch in the course of shrimp trawl fishing must be consistent with— (1) measures applicable to fishing throughout the range in United States waters of the bycatch species concerned; and (2) the need to avoid any serious adverse environmental impacts on that bycatch species or the ecology of the affected area.
the actual law source: uscode.house.gov ↗public domain
(a) Collection of information

Within nine months after October 11, 1996, the Secretary shall, after consultation with the Gulf Council and South Atlantic Council, conclude the collection of information in the program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery within the authority of such Councils. Within the same time period, the Secretary shall make available to the public aggregated summaries of information collected prior to June 30, 1994 under such program.

(b) Identification of stock

The program concluded pursuant to subsection (a) shall provide for the identification of stocks of fish which are subject to significant incidental harvest in the course of normal shrimp trawl fishing activity.

(c) Collection and assessment of specific stock information

For stocks of fish identified pursuant to subsection (b), with priority given to stocks which (based upon the best available scientific information) are considered to be overfished, the Secretary shall conduct—

(1)

a program to collect and evaluate information on the nature and extent (including the spatial and temporal distribution) of incidental mortality of such stocks as a direct result of shrimp trawl fishing activities;

(2)

an assessment of the status and condition of such stocks, including collection of information which would allow the estimation of life history parameters with sufficient accuracy and precision to support sound scientific evaluation of the effects of various management alternatives on the status of such stocks; and

(3)

a program of information collection and evaluation for such stocks on the magnitude and distribution of fishing mortality and fishing effort by sources of fishing mortality other than shrimp trawl fishing activity.

(d) Bycatch reduction program

Not later than 12 months after October 11, 1996, the Secretary shall, in cooperation with affected interests, and based upon the best scientific information available, complete a program to—

(1)

develop technological devices and other changes in fishing operations necessary and appropriate to minimize the incidental mortality of bycatch in the course of shrimp trawl activity to the extent practicable, taking into account the level of bycatch mortality in the fishery on November 28, 1990;

(2)

evaluate the ecological impacts and the benefits and costs of such devices and changes in fishing operations; and

(3)

assess whether it is practicable to utilize bycatch which is not avoidable.

(e) Report to Congress

The Secretary shall, within one year of completing the programs required by this section, submit a detailed report on the results of such programs to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives.

(f) Implementation criteria

To the extent practicable, any conservation and management measure implemented under this chapter to reduce the incidental mortality of bycatch in the course of shrimp trawl fishing shall be consistent with—

(1)

measures applicable to fishing throughout the range in United States waters of the bycatch species concerned; and

(2)

the need to avoid any serious adverse environmental impacts on such bycatch species or the ecology of the affected area.

Source credit: (Pub. L. 94–265, title IV, § 405, as added Pub. L. 104–297, title II, § 206, Oct. 11, 1996, 110 Stat. 3611.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 94-265 · 110 Stat. 3611

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-265 on 1996-10-11.

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