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Title 16 — Conservation

Chapter 16A — Atlantic Tunas Convention

§ 971i. Research on Atlantic highly migratory species

Statutory text

(a)

Omitted

(b)

Highly migratory species research and monitoring

(1)

Within 6 months after , the Secretary of Commerce, in cooperation with the advisory committee established under section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b) and in consultation with the United States Commissioners on the International Commission for the Conservation of Atlantic Tunas (referred to elsewhere in this section as the “Commission”) and the Secretary of State, shall develop and implement a comprehensive research and monitoring program to support the conservation and management of Atlantic bluefin tuna and other highly migratory species that shall—

(A)

identify and define the range of stocks of highly migratory species in the Atlantic Ocean, including Atlantic bluefin tuna; and

(B)

provide for appropriate participation by nations which are members of the Commission.

(2)

The program shall provide for, but not be limited to—

(A)

statistically designed cooperative tagging studies;

(B)

genetic and biochemical stock analyses;

(C)

population censuses carried out through aerial surveys of fishing grounds and known migration areas;

(D)

adequate observer coverage and port sampling of commercial and recreational fishing activity;

(E)

collection of comparable real-time data on commercial and recreational catches and landings through the use of permits, logbooks, landing reports for charter operations and fishing tournaments, and programs to provide reliable reporting of the catch by private anglers;

(F)

studies of the life history parameters of Atlantic bluefin tuna and other highly migratory species;

(G)

integration of data from all sources and the preparation of data bases to support management decisions;

(H)

include a cooperative research program on Atlantic billfish based on the Southeast Fisheries Science Center Atlantic Billfish Research Plan of 2002; and

(I)

other research as necessary.

(3)

In developing a program under this section, the Secretary shall—

(A)

ensure that personnel and resources of each regional research center shall have substantial participation in the stock assessments and monitoring of highly migratory species that occur in the region;

(B)

provide for comparable monitoring of all United States fishermen to which the Atlantic Tunas Convention Act of 1975 applies with respect to effort and species composition of catch and discards;

(C)

consult with relevant Federal and State agencies, scientific and technical experts, commercial and recreational fishermen, 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; and

(D)

through the Secretary of State, encourage other member nations to adopt a similar program.

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. Pub. L. 96–339 § 3 · 94 Stat. 1069

    Enacted · 16 U.S.C. § 971i

    Pub. L. 96–339, § 3, Sept. 4, 1980, 94 Stat. 1070

    Source evidence

    Code source credit
    Pub. L. 96–339, § 3, Sept. 4, 1980, 94 Stat. 1070

    Enacted provision · exact public law section
    SEC. 3. REPORTS REGARDING BLUEFIN TUNA. Submittal to Congress. The Secretary of Commerce shall prepare, for each biennial period commencing with the period covering calendar years 1981 and 1982, and submit to the Congress a report setting forth, with respect to such biennial period— (1) the level of taking of bluefin tuna by United States fishermen in the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic 20 UST 2887. Tunas; (2) the status of bluefin tuna stocks within such Convention area and the trends in their population level; and (3) related information resulting from the implementation of the observer program under section 2 of this Act. The report required under this section shall be submitted to the Congress within sixty days after the close of the biennial period covered by the report. There are authorized to be appropriated such Appropriation authorization. sums as may be necessary to carry out this section.

  2. Atlantic Tunas Convention Authorization Act of 1995

    Pub. L. 104–43 title III § 302(b) · 109 Stat. 366

    1. Amended · 16 U.S.C. § 971i

      Pub. L. 104–43 amended section catchline generally

    2. Amended · 16 U.S.C. § 971i

      Pub. L. 104–43 designated existing provisions as subsec. (a)

    3. Inserted · 16 U.S.C. § 971i

      Pub. L. 104–43 inserted heading

    4. Struck · 16 U.S.C. § 971i

      Pub. L. 104–43 struck out last sentence which read as follows: “There are authorized to be appropriated such sums as may be necessary to carry out this section.”

    5. Added · 16 U.S.C. § 971i

      Pub. L. 104–43 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 104–43 amended section catchline generally, designated existing provisions as subsec. (a), inserted heading, struck out last sentence which read as follows: “There are authorized to be appropriated such sums as may be necessary to carry out this section.”, and added subsec. (b).

    Enacted provision · exact public law section
    (b) Research and Monitoring Program.— Section 3 of the Act of September 4, 1980 (16 U.S.C. 971i) is amended— (1) by amending the section heading to read as follows: “SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.”; (2) by striking the last sentence; (3) by inserting “(a) Biennial Report on Bluefin Tuna.—” before “The Secretary of Commerce shall”; and (4) by adding at the end the following: “(b) Highly Migratory Species Research and Monitoring.— “(1) Within 6 months after the date of enactment of the Atlantic Tunas Convention Authorization Act of 1995, the Secretary of Commerce, in cooperation with the advisory committee established under section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b) and in consultation with the United States Commissioners on the International Commission for the Conservation of Atlantic Tunas (referred to elsewhere in this section as the ‘Commission’) and the Secretary of State, shall develop and implement a comprehensive research and monitoring program to support the conservation and management of Atlantic bluefin tuna and other highly migratory species that shall— “(A) identify and define the range of stocks of highly migratory species in the Atlantic Ocean, including Atlantic bluefin tuna; and “(B) provide for appropriate participation by nations which are members of the Commission. “(2) The program shall provide for, but not be limited to— “(A) statistically designed cooperative tagging studies; “(B) genetic and biochemical stock analyses; “(C) population censuses carried out through aerial surveys of fishing grounds and known migration areas; “(D) adequate observer coverage and port sampling of commercial and recreational fishing activity; “(E) collection of comparable real-time data on commercial and recreational catches and landings through the use of permits, logbooks, landing reports for charter operations and fishing tournaments, and programs to provide reliable reporting of the catch by private anglers; “(F) studies of the life history parameters of Atlantic bluefin tuna and other highly migratory species; “(G) integration of data from all sources and the preparation of data bases to support management decisions; and “(H) other research as necessary. “(3) In developing a program under this section, the Secretary shall— “(A) ensure that personnel and resources of each regional research center shall have substantial participation in the stock assessments and monitoring of highly migratory species that occur in the region; “(B) provide for comparable monitoring of all United States fishermen to which the Atlantic Tunas Convention Act applies with respect to effort and species composition of catch and discards; “(C) consult with relevant Federal and State agencies, Intergovernmental relations. scientific and technical experts, commercial and recreational fishermen, and other interested persons, public and private, and shall publish a proposed plan in the Federal Register, publication. Federal Register for the purpose of receiving public comment on the plan; and “(D) through the Secretary of State, encourage other member nations to adopt a similar program.”.

  3. Pub. L. 105–384 title II § 202(b)(2) · 112 Stat. 3451

    Inserted · 16 U.S.C. § 971i(b)(3)(B)

    Pub. L. 105–384 inserted “of 1975” after “Act”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(B). Pub. L. 105–384 inserted “of 1975” after “Act”.

    Enacted provision · exact public law section
    (2) Section 3(b)(3)(B) of the Act of September 4, 1980 (Public Law 96–339; 16 U.S.C. 971i(b)(3)(B)), is amended by inserting “of 1975” after “Act”.

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

    Pub. L. 109–479 title IV § 405(b) · 120 Stat. 3575

    1. Added · 16 U.S.C. § 971i(b)(2)(H); 16 U.S.C. § 971i(b)(2)(I)

      Pub. L. 109–479 added subpar. (H)

    2. Redesignated · 16 U.S.C. § 971i(b)(2)(H); 16 U.S.C. § 971i(b)(2)(I)

      Pub. L. 109–479 redesignated former subpar. (H) as (I)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(H), (I). Pub. L. 109–479 added subpar. (H) and redesignated former subpar. (H) as (I).

    Enacted provision · exact public law section
    (b) Atlantic Billfish Cooperative Research Program.— Section 3(b)(2) of Public Law 96–339 (16 U.S.C. 971i(b)(2)) is amended— (1) by striking “and” after the semicolon in subparagraph (G); (2) by redesignating subparagraph (H) as subparagraph (I); and (3) by inserting after subparagraph (G) the following: “(H) include a cooperative research program on Atlantic billfish based on the Southeast Fisheries Science Center Atlantic Billfish Research Plan of 2002; and” .

9 of 9 references resolved to an enrolled provision

Editorial Notes

References in Text

The Atlantic Tunas Convention Act of 1975, referred to in subsec. (b)(3)(B), is Pub. L. 94–70, , 89 Stat. 385, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 971 of this title and Tables.

Codification

Subsection (a), which required the Secretary of Commerce to prepare and submit to Congress a biennial report on the level of taking of bluefin tuna by United States fishermen in the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic Tunas, the status of bluefin tuna stocks within the Convention area and the trends in their population level, and related information resulting from implementation of the observer program under section 1827 of this title, terminated, effective , pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 50 of House Document No. 103–7.

Section was not enacted as part of the Atlantic Tunas Convention Act of 1975 which comprises this chapter.

Amendments1995–2007 · 3 rounds

2007

Subsec. (b)(2)(H), (I). Pub. L. 109–479 added subpar. (H) and redesignated former subpar. (H) as (I).

1998

Subsec. (b)(3)(B). Pub. L. 105–384 inserted “of 1975” after “Act”.

1995

Pub. L. 104–43 amended section catchline generally, designated existing provisions as subsec. (a), inserted heading, struck out last sentence which read as follows: “There are authorized to be appropriated such sums as may be necessary to carry out this section.”, and added subsec. (b).

Credits

1980–2007 · 4 acts
  1. 1980Pub. L. 96–339, § 3, , 94 Stat. 1070
  2. 1995Pub. L. 104–43, title III, § 302(b), , 109 Stat. 382
  3. 1998Pub. L. 105–384, title II, § 202(b)(2), , 112 Stat. 3453
  4. 2007Pub. L. 109–479, title IV, § 405(b), , 120 Stat. 3633.
Show as published

(Pub. L. 96–339, § 3, , 94 Stat. 1070; Pub. L. 104–43, title III, § 302(b), , 109 Stat. 382; Pub. L. 105–384, title II, § 202(b)(2), , 112 Stat. 3453; Pub. L. 109–479, title IV, § 405(b), , 120 Stat. 3633.)

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