
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1881]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
 
              SUBCHAPTER V--FISHERY MONITORING AND RESEARCH
 
Sec. 1881. Registration and information management


(a) Standardized fishing vessel registration and information management 
        system

    The Secretary shall, in cooperation with the Secretary of the 
department in which the Coast Guard is operating, the States, the 
Councils, and Marine Fisheries Commissions, develop recommendations for 
implementation of a standardized fishing vessel registration and 
information management system on a regional basis. The recommendations 
shall be developed after consultation with interested governmental and 
nongovernmental parties and shall--
        (1) be designed to standardize the requirements of vessel 
    registration and information collection systems required by this 
    chapter, the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), 
    and any other marine resource law implemented by the Secretary, and, 
    with the permission of a State, any marine resource law implemented 
    by such State;
        (2) integrate information collection programs under existing 
    fishery management plans into a non-duplicative information 
    collection and management system;
        (3) avoid duplication of existing State, tribal, or Federal 
    systems and shall utilize, to the maximum extent practicable, 
    information collected from existing systems;
        (4) provide for implementation of the system through cooperative 
    agreements with appropriate State, regional, or tribal entities and 
    Marine Fisheries Commissions;
        (5) provide for funding (subject to appropriations) to assist 
    appropriate State, regional, or tribal entities and Marine Fisheries 
    Commissions in implementation;
        (6) establish standardized units of measurement, nomenclature, 
    and formats for the collection and submission of information;
        (7) minimize the paperwork required for vessels registered under 
    the system;
        (8) include all species of fish within the geographic areas of 
    authority of the Councils and all fishing vessels including charter 
    fishing vessels, but excluding recreational fishing vessels;
        (9) require United States fish processors, and fish dealers and 
    other first ex-vessel purchasers of fish that are subject to the 
    proposed system, to submit information (other than economic 
    information) which may be necessary to meet the goals of the 
    proposed system; and
        (10) include procedures necessary to ensure--
            (A) the confidentiality of information collected under this 
        section in accordance with section 1881a(b) of this title; and
            (B) the timely release or availability to the public of 
        information collected under this section consistent with section 
        1881a(b) of this title.

(b) Fishing vessel registration

    The proposed registration system should, at a minimum, obtain the 
following information for each fishing vessel--
        (1) the name and official number or other identification, 
    together with the name and address of the owner or operator or both;
        (2) gross tonnage, vessel capacity, type and quantity of fishing 
    gear, mode of operation (catcher, catcher processor, or other), and 
    such other pertinent information with respect to vessel 
    characteristics as the Secretary may require; and
        (3) identification (by species, gear type, geographic area of 
    operations, and season) of the fisheries in which the fishing vessel 
    participates.

(c) Fishery information

    The proposed information management system should, at a minimum, 
provide basic fisheries performance information for each fishery, 
including--
        (1) the number of vessels participating in the fishery including 
    charter fishing vessels;
        (2) the time period in which the fishery occurs;
        (3) the approximate geographic location or official reporting 
    area where the fishery occurs;
        (4) a description of fishing gear used in the fishery, including 
    the amount and type of such gear and the appropriate unit of fishing 
    effort; and
        (5) other information required under subsection \1\ 1853(a)(5) 
    of this title or requested by the Council under section 1881a of 
    this title.
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    \1\ So in original. Probably should be ``section''.
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(d) Use of registration

    Any registration recommended under this section shall not be 
considered a permit for the purposes of this chapter, and the Secretary 
may not propose to revoke, suspend, deny, or impose any other conditions 
or restrictions on any such registration or the use of such registration 
under this chapter.

(e) Public comment

    Within one year after October 11, 1996, the Secretary shall publish 
in the Federal Register for a 60-day public comment period a proposal 
that would provide for implementation of a standardized fishing vessel 
registration and information collection system that meets the 
requirements of subsections (a) through (c) of this section. The 
proposal shall include--
        (1) a description of the arrangements of the Secretary for 
    consultation and cooperation with the department in which the Coast 
    Guard is operating, the States, the Councils, Marine Fisheries 
    Commissions, the fishing industry and other interested parties; and
        (2) any proposed regulations or legislation necessary to 
    implement the proposal.

(f) Congressional transmittal

    Within 60 days after the end of the comment period and after 
consideration of comments received under subsection (e) of this section, 
the Secretary shall transmit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Resources of the House 
of Representatives a recommended proposal for implementation of a 
national fishing vessel registration system that includes--
        (1) any modifications made after comment and consultation;
        (2) a proposed implementation schedule, including a schedule for 
    the proposed cooperative agreements required under subsection (a)(4) 
    of this section; and
        (3) recommendations for any such additional legislation as the 
    Secretary considers necessary or desirable to implement the proposed 
    system.

(g) Report to Congress

    Within 15 months after October 11, 1996, the Secretary shall report 
to Congress on the need to include recreational fishing vessels into a 
national fishing vessel registration and information collection system. 
In preparing its report, the Secretary shall cooperate with the 
Secretary of the department in which the Coast Guard is operating, the 
States, the Councils, and Marine Fisheries Commissions, and consult with 
governmental and nongovernmental parties.

(Pub. L. 94-265, title IV, Sec. 401, as added Pub. L. 104-297, title II, 
Sec. 202, Oct. 11, 1996, 110 Stat. 3605.)

                       References in Text

    This chapter, referred to in subsecs. (a)(1) and (d), was in the 
original ``this Act'', meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 
331, as amended, known as the Magnuson-Stevens Fishery Conservation and 
Management Act, which is classified principally to this chapter. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 1801 of this title and Tables.
    The Marine Mammal Protection Act, referred to in subsec. (a)(1), 
probably means the Marine Mammal Protection Act of 1972, Pub. L. 92-522, 
Oct. 21, 1972, 86 Stat. 1027, as amended, which is classified generally 
to chapter 31 (Sec. 1361 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1361 of this title and Tables.


                            Prior Provisions

    A prior section 1881, Pub. L. 94-265, title IV, Sec. 401, Apr. 13, 
1976, 90 Stat. 359, related to authority to amend regulations to conform 
to Law of the Sea Treaty, prior to repeal by Pub. L. 99-659, title I, 
Sec. 110, Nov. 14, 1986, 100 Stat. 3715.

                  Section Referred to in Other Sections

    This section is referred to in section 1881c of this title.
