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Title 16 — Conservation

Chapter 38 — Fishery Conservation and Management

§ 1882. Fisheries systems research

Statutory text

(a)

Establishment of panel

Not later than 180 days after , the Secretary shall establish an advisory panel under this chapter to develop recommendations to expand the application of ecosystem principles in fishery conservation and management activities.

(b)

Panel membership

The advisory panel shall consist of not more than 20 individuals and include—

(1)

individuals with expertise in the structures, functions, and physical and biological characteristics of ecosystems; and

(2)

representatives from the Councils, States, fishing industry, conservation organizations, or others with expertise in the management of marine resources.

(c)

Recommendations

Prior to selecting advisory panel members, the Secretary shall, with respect to panel members described in subsection (b)(1), solicit recommendations from the National Academy of Sciences.

(d)

Report

Within 2 years after , the Secretary shall submit to the Congress a completed report of the panel established under this section, which shall include—

(1)

an analysis of the extent to which ecosystem principles are being applied in fishery conservation and management activities, including research activities;

(2)

proposed actions by the Secretary and by the Congress that should be undertaken to expand the application of ecosystem principles in fishery conservation and management; and

(3)

such other information as may be appropriate.

(e)

Procedural matter

The advisory panel established under this section shall be deemed an advisory panel under section 1852(g) of this title.

(f)

Regional ecosystem research

(1)

Study

Within 180 days after , the Secretary, in consultation with the Councils, shall undertake and complete a study on the state of the science for advancing the concepts and integration of ecosystem considerations in regional fishery management. The study should build upon the recommendations of the advisory panel and include—

(A)

recommendations for scientific data, information and technology requirements for understanding ecosystem processes, and methods for integrating such information from a variety of federal,1 state,1 and regional sources;

(B)

recommendations for processes for incorporating broad stake holder participation;

(C)

recommendations for processes to account for effects of environmental variation on fish stocks and fisheries; and

(D)

a description of existing and developing council efforts to implement ecosystem approaches, including lessons learned by the councils.

(2)

Agency technical advice and assistance, regional pilot programs

The Secretary is authorized to provide necessary technical advice and assistance, including grants, to the Councils for the development and design of regional pilot programs that build upon the recommendations of the advisory panel and, when completed, the study.

Footnotes

  1. 1 So in original. Probably should be capitalized.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Fishery Conservation and Management Act of 1976

    Pub. L. 94–265 title IV § 406 · 90 Stat. 331

    Enacted · 16 U.S.C. § 1882

    Pub. L. 94–265, title IV, § 406, Apr. 13, 1976, 90 Stat. 361

    Source evidence

    Code source credit
    Pub. L. 94–265, title IV, § 406, Apr. 13, 1976, 90 Stat. 361

    Enacted provision · exact public law section
    SEC. 406. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary, for purposes 16 USC 1882. of carrying out the provisions of this Act, not to exceed the following sums: (1) $5,000,000 for the fiscal year ending June 30, 1976. (2) $5,000,000 for the transitional fiscal quarter ending September 30, 1976. (3) $25,000,000 for the fiscal year ending September 30, 1977. (4) $30,000,000 for the fiscal year ending September 30, 1978.

  2. Pub. L. 95–354 § 1 · 92 Stat. 519

    Added · 16 U.S.C. § 1882(5)

    Pub. L. 95–354 added par. (5)

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 95–354 added par. (5).

    Enacted provision · exact public law section
    (1) Section 201(a)(2) is amended by striking “(f)” and inserting in lieu thereof “(g)”.

  3. Pub. L. 96–61 § 1 · 93 Stat. 407

    Added · 16 U.S.C. § 1882(6)(8)

    Pub. L. 96–61 added pars. (6) to (8)

    Source evidence

    Code amendment note
    Pars. (6) to (8). Pub. L. 96–61 added pars. (6) to (8).

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) and (D), respectively;

  4. Pub. L. 97–453 § 14(a) · 96 Stat. 2481

    Added · 16 U.S.C. § 1882(9)(11)

    Pub. L. 97–453 added pars. (9) to (11)

    Source evidence

    Code amendment note
    Pars. (9) to (11). Pub. L. 97–453 added pars. (9) to (11).

    Enacted provision · exact public law section
    (a) Section 406 (16 U.S.C. 1882) is amended by adding at the end thereof the following new paragraphs: “(9) $59,000,000 for the fiscal year ending September 30, 1983. “(10) $64,000,000 for the fiscal year ending September 30, 1984. “(11) $69,000,000 for the fiscal year ending September 30, 1985.”.

  5. Pub. L. 99–659 title I § 111(a) · 100 Stat. 3706

    Added · 16 U.S.C. § 1882(12)(15)

    Pub. L. 99–659 added pars. (12) to (15)

    Source evidence

    Code amendment note
    Pars. (12) to (15). Pub. L. 99–659 added pars. (12) to (15).

    Enacted provision · exact public law section
    (a) Authorization.— Section 406 of the Act (16 U.S.C. 1882) is amended by adding at the end thereof the following new paragraphs: “(12) $69,000,000 for fiscal year 1986. “(13) $70,800,000 for fiscal year 1987. “(14) $72,900,000 for fiscal year 1988. “(15) $75,000,000 for fiscal year 1989.”.

  6. Pub. L. 101–627 title I § 119 · 104 Stat. 4436

    Added · 16 U.S.C. § 1882(16)(19)

    Pub. L. 101–627 added pars. (16) to (19)

    Source evidence

    Code amendment note
    Pars. (16) to (19). Pub. L. 101–627 added pars. (16) to (19).

    Enacted provision · exact public law section
    Sec. 119. authorization of appropriations Section 406 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1882) is amended by adding at the end the following new paragraphs: “(16) $77,200,000 for the fiscal year ending September 30, 1990. “(17) $94,000,000 for the fiscal year ending September 30, 1991, of which $6,500,000 shall be used for enforcement and $5,000,000 shall be used to increase research and assessment efforts. “(18) $98,000,000 for the fiscal year ending September 30, 1992. “(19) $102,000,000 for the fiscal year ending September 30, 1993.”.

  7. Sustainable Fisheries Act

    Pub. L. 104–297 title II § 207(a) · 110 Stat. 3559

    Amended · 16 U.S.C. § 1882

    Pub. L. 104–297 amended section catchline and text generally. Prior to amendment, section authorized appropriations to carry out this chapter for fiscal year ending June 30, 1976 to fiscal year ending September 30, 1993

    Source evidence

    Code amendment note
    Pub. L. 104–297 amended section catchline and text generally. Prior to amendment, section authorized appropriations to carry out this chapter for fiscal year ending June 30, 1976 to fiscal year ending September 30, 1993.

    Enacted provision · exact public law section
    (a) Fisheries Systems Research.— Section 406 (16 U.S.C. 1882) is amended to read as follows: “SEC. 406. FISHERIES SYSTEMS RESEARCH. “(a) Establishment of Panel.— Not later than 180 days after the date of enactment of the Sustainable Fisheries Act, the Secretary shall establish an advisory panel under this Act to develop recommendations to expand the application of ecosystem principles in fishery conservation and management activities. “(b) Panel Membership.— The advisory panel shall consist of not more than 20 individuals and include— “(1) individuals with expertise in the structures, functions, and physical and biological characteristics of ecosystems; and “(2) representatives from the Councils, States, fishing industry, conservation organizations, or others with expertise in the management of marine resources. “(c) Recommendations.— Prior to selecting advisory panel members, the Secretary shall, with respect to panel members described in subsection (b)(1), solicit recommendations from the National Academy of Sciences. “(d) Report.— Within 2 years after the date of enactment of this Act, the Secretary shall submit to the Congress a completed report of the panel established under this section, which shall include— “(1) an analysis of the extent to which ecosystem principles are being applied in fishery conservation and management activities, including research activities; “(2) proposed actions by the Secretary and by the Congress that should be undertaken to expand the application of ecosystem principles in fishery conservation and management; and “(3) such other information as may be appropriate. “(e) Procedural Matter.— The advisory panel established under this section shall be deemed an advisory panel under section 302(g).”.

  8. Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

    Pub. L. 109–479 title II § 210 · 120 Stat. 3575

    Added · 16 U.S.C. § 1882(f)

    Pub. L. 109–479 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–479 added subsec. (f).

    Enacted provision · exact public law section
    SEC. 210. REGIONAL ECOSYSTEM RESEARCH.   Section 406 (16 U.S.C. 1882) is amended by adding at the end the following: “(f) Regional Ecosystem Research.— “(1) Study.— Within 180 days after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, the Secretary, in consultation with the Councils, shall undertake and complete a study on the state of the science for advancing the concepts and integration of ecosystem considerations in regional fishery management. The study should build upon the recommendations of the advisory panel and include— “(A) recommendations for scientific data, information and technology requirements for understanding ecosystem processes, and methods for integrating such information from a variety of federal, state, and regional sources; “(B) recommendations for processes for incorporating broad stake holder participation; “(C) recommendations for processes to account for effects of environmental variation on fish stocks and fisheries; and “(D) a description of existing and developing council efforts to implement ecosystem approaches, including lessons learned by the councils. “(2) Agency Technical Advice and Assistance, Regional Pilot Programs.— The Secretary is authorized to provide necessary technical advice and assistance, including grants, to the Councils for the development and design of regional pilot programs that build upon the recommendations of the advisory panel and, when completed, the study.” .

8 of 8 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 94–265, , 90 Stat. 331, 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.

Codification

, referred to in subsec. (d), was in the original “the date of enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 104–297, which amended this section generally, to reflect the probable intent of Congress.

Amendments1978–2007 · 7 rounds

2007

Subsec. (f). Pub. L. 109–479 added subsec. (f).

1996

Pub. L. 104–297 amended section catchline and text generally. Prior to amendment, section authorized appropriations to carry out this chapter for fiscal year ending to fiscal year ending .

1990

Pars. (16) to (19). Pub. L. 101–627 added pars. (16) to (19).

1986

Pars. (12) to (15). Pub. L. 99–659 added pars. (12) to (15).

1983

Pars. (9) to (11). Pub. L. 97–453 added pars. (9) to (11).

1979

Pars. (6) to (8). Pub. L. 96–61 added pars. (6) to (8).

1978

Par. (5). Pub. L. 95–354 added par. (5).

Credits

1976–2007 · 8 acts
  1. 1976Pub. L. 94–265, title IV, § 406, , 90 Stat. 361
  2. 1978Pub. L. 95–354, § 1, , 92 Stat. 519
  3. 1979Pub. L. 96–61, § 1, , 93 Stat. 407
  4. 1983Pub. L. 97–453, § 14(a), , 96 Stat. 2492
  5. 1986Pub. L. 99–659, title I, § 111(a), , 100 Stat. 3715
  6. 1990Pub. L. 101–627, title I, § 119, , 104 Stat. 4459
  7. 1996Pub. L. 104–297, title II, § 207(a), , 110 Stat. 3612
  8. 2007Pub. L. 109–479, title II, § 210, , 120 Stat. 3617.
Show as published

(Pub. L. 94–265, title IV, § 406, , 90 Stat. 361; Pub. L. 95–354, § 1, , 92 Stat. 519; Pub. L. 96–61, § 1, , 93 Stat. 407; Pub. L. 97–453, § 14(a), , 96 Stat. 2492; Pub. L. 99–659, title I, § 111(a), , 100 Stat. 3715; Pub. L. 101–627, title I, § 119, , 104 Stat. 4459; Pub. L. 104–297, title II, § 207(a), , 110 Stat. 3612; Pub. L. 109–479, title II, § 210, , 120 Stat. 3617.)

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