---
kind: "section"
citation: "16 U.S.C. § 1881d"
title: "16"
title_heading: "Conservation"
number: "1881d"
heading: "Incidental harvest research"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1881d"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter V — Fishery Monitoring and Research"
---

# §1881d. Incidental harvest research

- (a) **Collection of information—** Within nine months after October 11, 1996, the [Secretary](/usc/16/1802.md?p=39) shall, after consultation with the Gulf [Council](/usc/16/1802.md?p=8) and South Atlantic [Council](/usc/16/1802.md?p=8), conclude the collection of information in the program to assess the impact on [fishery resources](/usc/16/1802.md?p=15) of incidental harvest by the shrimp trawl [fishery](/usc/16/1802.md?p=13) within the authority of such [Councils](/usc/16/1802.md?p=8). Within the same time period, the [Secretary](/usc/16/1802.md?p=39) shall make available to the public aggregated summaries of information collected prior to June 30, 1994 under such program.
- (b) **Identification of stock—** The program concluded pursuant to [subsection (a)](#a) shall provide for the identification of stocks of [fish](/usc/16/1802.md?p=12) which are subject to significant incidental harvest in the course of normal shrimp trawl [fishing](/usc/16/1802.md?p=16) activity.
- (c) **Collection and assessment of specific stock information—** For stocks of [fish](/usc/16/1802.md?p=12) identified pursuant to [subsection (b)](#b), with priority given to stocks which (based upon the best available scientific information) are considered to be [overfished](/usc/16/1802.md?p=34), the [Secretary](/usc/16/1802.md?p=39) shall conduct—
  - (1) a program to collect and evaluate information on the nature and extent (including the spatial and temporal distribution) of incidental mortality of such stocks as a direct result of shrimp trawl [fishing](/usc/16/1802.md?p=16) activities;
  - (2) an assessment of the status and condition of such stocks, including collection of information which would allow the estimation of life history parameters with sufficient accuracy and precision to support sound scientific evaluation of the effects of various management alternatives on the status of such stocks; and
  - (3) a program of information collection and evaluation for such stocks on the magnitude and distribution of [fishing](/usc/16/1802.md?p=16) mortality and [fishing](/usc/16/1802.md?p=16) effort by sources of [fishing](/usc/16/1802.md?p=16) mortality other than shrimp trawl [fishing](/usc/16/1802.md?p=16) activity.
- (d) **Bycatch reduction program—** Not later than 12 months after October 11, 1996, the [Secretary](/usc/16/1802.md?p=39) shall, in cooperation with affected interests, and based upon the best scientific information available, complete a program to—
  - (1) develop technological devices and other changes in [fishing](/usc/16/1802.md?p=16) operations necessary and appropriate to minimize the incidental mortality of [bycatch](/usc/16/1802.md?p=2) in the course of shrimp trawl activity to the extent practicable, [taking](/usc/16/3102.md?p=18) into account the level of [bycatch](/usc/16/1802.md?p=2) mortality in the [fishery](/usc/16/1802.md?p=13) on November 28, 1990;
  - (2) evaluate the ecological impacts and the benefits and costs of such devices and changes in [fishing](/usc/16/1802.md?p=16) operations; and
  - (3) assess whether it is practicable to utilize [bycatch](/usc/16/1802.md?p=2) which is not avoidable.
- (e) **Report to Congress—** The [Secretary](/usc/16/1802.md?p=39) shall, within one year of completing the programs required by this section, submit a detailed report on the results of such programs to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives.
- (f) **Implementation criteria—** To the extent practicable, any [conservation and management](/usc/16/1802.md?p=5) measure implemented under this chapter to reduce the incidental mortality of [bycatch](/usc/16/1802.md?p=2) in the course of shrimp trawl [fishing](/usc/16/1802.md?p=16) shall be consistent with—
  - (1) measures applicable to [fishing](/usc/16/1802.md?p=16) throughout the range in [United States](/usc/16/1802.md?p=45) waters of the [bycatch](/usc/16/1802.md?p=2) species concerned; and
  - (2) the need to avoid any serious adverse environmental impacts on such [bycatch](/usc/16/1802.md?p=2) species or the ecology of the affected [area](/usc/16/539m–1.md?p=1-A).

## Source credit

(Pub. L. 94–265, title IV, § 405, as added Pub. L. 104–297, title II, § 206, Oct. 11, 1996, 110 Stat. 3611.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (f), 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.

### Prior Provisions

A prior section 405 of Pub. L. 94–265, amended section 971 of this title and enacted provisions formerly set out as a note under section 971 of this title, prior to being amended generally by Pub. L. 104–297.

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.