Page:United States Statutes at Large Volume 120.djvu/3636

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[120 STAT. 3605]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 3605]

PUBLIC LAW 109–479—JAN. 12, 2007

120 STAT. 3605

SEC. 116. BYCATCH REDUCTION ENGINEERING PROGRAM.

(a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.), as amended by section 113 of this Act, is further amended by adding at the end the following: ‘‘SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM.

‘‘(a) BYCATCH REDUCTION ENGINEERING PROGRAM.—Not later than 1 year after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, the Secretary, in cooperation with the Councils and other affected interests, and based upon the best scientific information available, shall establish a bycatch reduction program, including grants, to develop technological devices and other conservation engineering changes designed to minimize bycatch, seabird interactions, bycatch mortality, and post-release mortality in Federally managed fisheries. The program shall— ‘‘(1) be regionally based; ‘‘(2) be coordinated with projects conducted under the cooperative research and management program established under this Act; ‘‘(3) provide information and outreach to fishery participants that will encourage adoption and use of technologies developed under the program; and ‘‘(4) provide for routine consultation with the Councils in order to maximize opportunities to incorporate results of the program in Council actions and provide incentives for adoption of methods developed under the program in fishery management plans developed by the Councils. ‘‘(b) INCENTIVES.—Any fishery management plan prepared by a Council or by the Secretary may establish a system of incentives to reduce total bycatch and seabird interactions, amounts, bycatch rates, and post-release mortality in fisheries under the Council’s or Secretary’s jurisdiction, including— ‘‘(1) measures to incorporate bycatch into quotas, including the establishment of collective or individual bycatch quotas; ‘‘(2) measures to promote the use of gear with verifiable and monitored low bycatch and seabird interactions, rates; and ‘‘(3) measures that, based on the best scientific information available, will reduce bycatch and seabird interactions, bycatch mortality, post-release mortality, or regulatory discards in the fishery. ‘‘(c) COORDINATION ON SEABIRD INTERACTIONS.—The Secretary, in coordination with the Secretary of Interior, is authorized to undertake projects in cooperation with industry to improve information and technology to reduce seabird bycatch, including— ‘‘(1) outreach to industry on new technologies and methods; ‘‘(2) projects to mitigate for seabird mortality; and ‘‘(3) actions at appropriate international fishery organizations to reduce seabird interactions in fisheries. ‘‘(d) REPORT.—The Secretary shall transmit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources that— ‘‘(1) describes funding provided to implement this section; ‘‘(2) describes developments in gear technology achieved under this section; and

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