
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1881c]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
 
              SUBCHAPTER V--FISHERY MONITORING AND RESEARCH
 
Sec. 1881c. Fisheries research


(a) In general

    The Secretary shall initiate and maintain, in cooperation with the 
Councils, a comprehensive program of fishery research to carry out and 
further the purposes, policy, and provisions of this chapter. Such 
program shall be designed to acquire knowledge and information, 
including statistics, on fishery conservation and management and on the 
economics and social characteristics of the fisheries.

(b) Strategic plan

    Within one year after October 11, 1996, and at least every 3 years 
thereafter, the Secretary shall develop and publish in the Federal 
Register a strategic plan for fisheries research for the 5 years 
immediately following such publication. The plan shall--
        (1) identify and describe a comprehensive program with a limited 
    number of priority objectives for research in each of the areas 
    specified in subsection (c) of this section;
        (2) indicate goals and timetables for the program described in 
    paragraph (1);
        (3) provide a role for commercial fishermen in such research, 
    including involvement in field testing;
        (4) provide for collection and dissemination, in a timely 
    manner, of complete and accurate information concerning fishing 
    activities, catch, effort, stock assessments, and other research 
    conducted under this section; and
        (5) be developed in cooperation with the Councils and affected 
    States, and provide for coordination with the Councils, affected 
    States, and other research entities.

(c) Areas of research

    Areas of research are as follows:
        (1) Research to support fishery conservation and management, 
    including but not limited to, biological research concerning the 
    abundance and life history parameters of stocks of fish, the 
    interdependence of fisheries or stocks of fish, the identification 
    of essential fish habitat, the impact of pollution on fish 
    populations, the impact of wetland and estuarine degradation, and 
    other factors affecting the abundance and availability of fish.
        (2) Conservation engineering research, including the study of 
    fish behavior and the development and testing of new gear technology 
    and fishing techniques to minimize bycatch and any adverse effects 
    on essential fish habitat and promote efficient harvest of target 
    species.
        (3) Research on the fisheries, including the social, cultural, 
    and economic relationships among fishing vessel owners, crew, United 
    States fish processors, associated shoreside labor, seafood markets 
    and fishing communities.
        (4) Information management research, including the development 
    of a fishery information base and an information management system 
    under section 1881 of this title that will permit the full use of 
    information in the support of effective fishery conservation and 
    management.

(d) Public notice

    In developing the plan required under subsection (a) of this 
section, the Secretary shall consult with relevant Federal, State, and 
international agencies, scientific and technical experts, and other 
interested persons, public and private, and shall publish a proposed 
plan in the Federal Register for the purpose of receiving public comment 
on the plan. The Secretary shall ensure that affected commercial 
fishermen are actively involved in the development of the portion of the 
plan pertaining to conservation engineering research. Upon final 
publication in the Federal Register, the plan shall be submitted by the 
Secretary to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Resources of the House of 
Representatives.

(Pub. L. 94-265, title IV, Sec. 404, as added Pub. L. 104-297, title II, 
Sec. 205, Oct. 11, 1996, 110 Stat. 3609.)


                            Prior Provisions

    A prior section 404 of Pub. L. 94-265, amended section 1362 of this 
title and enacted provisions formerly set out as a note under section 
1362 of this title, prior to being amended generally by Pub. L. 104-297.


      Study of Contribution of Bycatch to Charitable Organizations

    Section 208 of Pub. L. 104-297, as amended by Pub. L. 104-208, div. 
A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 
Stat. 3009, 3009-41, provided that:
    ``(a) Study.--The Secretary of Commerce shall conduct a study of the 
contribution of bycatch to charitable organizations by commercial 
fishermen. The study shall include determinations of--
        ``(1) the amount of bycatch that is contributed each year to 
    charitable organizations by commercial fishermen;
        ``(2) the economic benefits to commercial fishermen from those 
    contributions; and
        ``(3) the impact on fisheries of the availability of those 
    benefits.
    ``(b) Report.--Not later than 1 year after the date of enactment of 
this Act [Oct. 11, 1996], the Secretary of Commerce shall submit to the 
Congress a report containing determinations made in the study under 
subsection (a).
    ``(c) Bycatch Defined.--In this section the term `bycatch' has the 
meaning given that term in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act [16 U.S.C. 1802], as amended by section 
102 of this Act.''
