---
kind: "section"
citation: "16 U.S.C. § 1883"
title: "16"
title_heading: "Conservation"
number: "1883"
heading: "Gulf of Mexico red snapper research"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1883"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter V — Fishery Monitoring and Research"
---

# §1883. Gulf of Mexico red snapper research

- (a) **Independent peer review—**
  - (1) Within 30 days of October 11, 1996, the [Secretary](/usc/16/1802.md?p=39) shall initiate an independent peer review to evaluate—
    - (A) the accuracy and adequacy of [fishery](/usc/16/1802.md?p=13) statistics used by the [Secretary](/usc/16/1802.md?p=39) for the red snapper [fishery](/usc/16/1802.md?p=13) in the Gulf of Mexico to account for all commercial, recreational, and [charter fishing](/usc/16/1802.md?p=3) harvests and [fishing](/usc/16/1802.md?p=16) effort on the stock;
    - (B) the appropriateness of the scientific methods, information, and models used by the [Secretary](/usc/16/1802.md?p=39) to assess the status and trends of the Gulf of Mexico red snapper stock and as the basis for the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) for the Gulf of Mexico red snapper [fishery](/usc/16/1802.md?p=13);
    - (C) the appropriateness and adequacy of the management measures in the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) for red snapper in the Gulf of Mexico for conserving and managing the red snapper [fishery](/usc/16/1802.md?p=13) under this chapter; and
    - (D) the costs and benefits of all reasonable alternatives to a [limited access privilege](/usc/16/1802.md?p=26) program for the red snapper [fishery](/usc/16/1802.md?p=13) in the Gulf of Mexico.
  - (2) The [Secretary](/usc/16/1802.md?p=39) shall ensure that commercial, recreational, and charter fishermen in the red snapper [fishery](/usc/16/1802.md?p=13) in the Gulf of Mexico are provided an opportunity to—
    - (A) participate in the peer review under this subsection; and
    - (B) provide information to the [Secretary](/usc/16/1802.md?p=39) concerning the review of [fishery](/usc/16/1802.md?p=13) statistics under this subsection without being subject to penalty under this chapter or other applicable law for any past [violation](/usc/16/620e.md?p=11) of a requirement to report such information to the [Secretary](/usc/16/1802.md?p=39).
  - (3) The [Secretary](/usc/16/1802.md?p=39) shall submit a detailed written report on the findings of the peer review conducted under this subsection to the Gulf [Council](/usc/16/1802.md?p=8) no later than one year after October 11, 1996.
- (b) **Prohibition—** In [addition](/usc/16/410r–5.md?p=c-2) to the restrictions under [section 1853(d)(1)(A) of this title](/usc/16/1853.md), the Gulf [Council](/usc/16/1802.md?p=8) may not, prior to October 1, 2002, undertake or continue the preparation of any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), plan amendment or regulation under this chapter for the Gulf of Mexico commercial red snapper [fishery](/usc/16/1802.md?p=13) that creates an [individual fishing quota](/usc/16/1802.md?p=23) program or that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits for vessels in the same class.
- (c) **Referendum—**
  - (1) On or after October 1, 2002, the Gulf [Council](/usc/16/1802.md?p=8) may prepare and submit a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), plan amendment, or regulation for the Gulf of Mexico commercial red snapper [fishery](/usc/16/1802.md?p=13) that creates a [limited access privilege](/usc/16/1802.md?p=26) program or that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits for vessels in the same class, only if the preparation of such plan, amendment, or regulation is approved in a referendum conducted under [paragraph (2)](#c-2) and only if the submission to the [Secretary](/usc/16/1802.md?p=39) of such plan, amendment, or regulation is approved in a subsequent referendum conducted under [paragraph (2)](#c-2).
  - (2) The [Secretary](/usc/16/1802.md?p=39), at the request of the Gulf [Council](/usc/16/1802.md?p=8), shall conduct referendums under this subsection. Only a [person](/usc/16/1802.md?p=36) who held an annual vessel permit with a red snapper endorsement for such permit on September 1, 1996 (or any [person](/usc/16/1802.md?p=36) to whom such permit with such endorsement was transferred after such date) and vessel captains who harvested red snapper in a commercial [fishery](/usc/16/1802.md?p=13) using such endorsement in each red snapper [fishing](/usc/16/1802.md?p=16) season occurring between January 1, 1993, and such date may vote in a referendum under this subsection. The referendum shall be decided by a majority of the votes cast. The [Secretary](/usc/16/1802.md?p=39) shall develop a formula to weigh votes based on the proportional harvest under each such permit and endorsement and by each such captain in the [fishery](/usc/16/1802.md?p=13) between January 1, 1993, and September 1, 1996. Prior to each referendum, the [Secretary](/usc/16/1802.md?p=39), in consultation with the [Council](/usc/16/1802.md?p=8), shall—
    - (A) identify and notify all such [persons](/usc/16/1802.md?p=36) holding permits with red snapper endorsements and all such vessel captains; and
    - (B) make available to all such [persons](/usc/16/1802.md?p=36) and vessel captains information about the schedule, procedures, and eligibility requirements for the referendum and the proposed [individual fishing quota](/usc/16/1802.md?p=23) program.
- (d) **Catch limits—** Any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), plan amendment, or regulation submitted by the Gulf [Council](/usc/16/1802.md?p=8) for the red snapper [fishery](/usc/16/1802.md?p=13) after October 11, 1996, shall contain [conservation and management](/usc/16/1802.md?p=5) measures that—
  - (1) establish separate quotas for [recreational fishing](/usc/16/1802.md?p=37) (which, for the purposes of this subsection shall include [charter fishing](/usc/16/1802.md?p=3)) and [commercial fishing](/usc/16/1802.md?p=4) that, when reached, result in a prohibition on the retention of [fish](/usc/16/1802.md?p=12) caught during [recreational fishing](/usc/16/1802.md?p=37) and [commercial fishing](/usc/16/1802.md?p=4), respectively, for the remainder of the [fishing](/usc/16/1802.md?p=16) year; and
  - (2) ensure that such quotas reflect allocations among such sectors and do not reflect any harvests in excess of such allocations.

## Source credit

(Pub. L. 94–265, title IV, § 407, as added Pub. L. 104–297, title II, § 207(b), Oct. 11, 1996, 110 Stat. 3612; amended Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(a)(3), (4)], Dec. 21, 2000, 114 Stat. 2763, 2763A–238; Pub. L. 109–479, § 3(d)(1)(B), Jan. 12, 2007, 120 Stat. 3578.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a)(1)(C), (2)(B) and (b), 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.

### Amendments

2007—Subsecs. (a)(1)(D), (c)(1). Pub. L. 109–479 substituted “a limited access privilege” for “an individual fishing quota”.

2000—Subsecs. (b), (c)(1). Pub. L. 106–554 substituted “October 1, 2002,” for “October 1, 2000,”.