---
kind: "section"
citation: "16 U.S.C. § 1870"
title: "16"
title_heading: "Conservation"
number: "1870"
heading: "Required possession of descending devices"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1870"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter IV — National Fishery Management Program"
---

# §1870. Required possession of descending devices

- (a) **Require gear in the Gulf reef fish fishery—** It shall be unlawful for a [person](/usc/16/1802.md?p=36) on board a commercial or recreational vessel to [fish](/usc/16/1802.md?p=12) for Gulf reef [fish](/usc/16/1802.md?p=12) in the Gulf of Mexico [Exclusive Economic Zone](/usc/16/1802.md?p=11) without possessing on board the vessel a venting tool or a descending device that is rigged and ready for use while [fishing](/usc/16/1802.md?p=16) is occurring.
- (b) **Savings clause—** No provision of this section shall be interpreted to affect any program or activity carried out by the Gulf Coast Ecosystem Restoration [Council](/usc/16/1802.md?p=8) established by the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 ([33 U.S.C. 1321](/usc/33/1321.md) note), or any [project](/usc/16/410r–5.md?p=c-4) contained in an approved Restoration Plan developed by any Natural Resources Damage Assessment Trustee Implementation Group to reduce post-release mortality from barotrauma in Gulf of Mexico Reef [Fish](/usc/16/1802.md?p=12) Recreational [Fisheries](/usc/16/1802.md?p=13).
- (c) **Definitions—** In this section:
  - (1) **Descending device—** The term “descending device” means an instrument that—
    - (A) will release [fish](/usc/16/1802.md?p=12) at a depth sufficient for the [fish](/usc/16/1802.md?p=12) to be able to recover from the effects of barotrauma;
    - (B) is a weighted hook, lip clamp, or box that will hold the [fish](/usc/16/1802.md?p=12) while it is lowered to depth, or another device determined to be appropriate by the [Secretary](/usc/16/1802.md?p=39); and
    - (C) is capable of—
      - (i) releasing the [fish](/usc/16/1802.md?p=12) automatically;
      - (ii) releasing the [fish](/usc/16/1802.md?p=12) by actions of the operator of the device; or
      - (iii) allowing the [fish](/usc/16/1802.md?p=12) to escape on its own.
  - (2) **Venting tool—** The term “venting tool” has the meaning given to it by the Gulf of Mexico [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/1802.md?p=8).
  - (3) **Gulf reef fish—** The term “Gulf reef [fish](/usc/16/1802.md?p=12)” means any [fish](/usc/16/1802.md?p=12) chosen by the Gulf of Mexico [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/1802.md?p=8) that is in the reef [Fishery](/usc/16/1802.md?p=13) [Management Plan](/usc/16/544.md?p=k) for the purposes of this chapter.

## Source credit

(Pub. L. 94–265, title III, § 321, as added Pub. L. 116–340, § 3(a), Jan. 13, 2021, 134 Stat. 5128.)

## Notes

### Termination of Section

For termination of section five years after Jan. 13, 2021, see Effective and Termination Dates note below.

### Editorial Notes

### References in Text

The Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, referred to in subsec. (b), is subtitle F (§ 1601 et seq.) of Pub. L. 112–141, div. A, title I, July 6, 2012, 126 Stat. 588, which is set out as a note under section 1321 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Tables.

This chapter, referred to in subsec. (c)(3), was in the original “this Act”, meaning Pub. L. 94–265, Apr. 13, 1976, 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.

### Statutory Notes and Related Subsidiaries

### Effective and Termination Dates

Section effective 1 year after Jan. 13, 2021, see section 3(c) of Pub. L. 116–340, set out as an Effective and Termination Dates of 2021 Amendment note under section 1858 of this title.

Pub. L. 116–340, § 3(e), Jan. 13, 2021, 134 Stat. 5129, provided in part that the termination of this section by section 3(e)(3) is effective five years after Jan. 13, 2021.