---
kind: "section"
citation: "16 U.S.C. § 1891b"
title: "16"
title_heading: "Conservation"
number: "1891b"
heading: "Fisheries Conservation and Management Fund"
release: "119-102"
url: "https://uscodex.org/usc/16/1891b"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter VI — Miscellaneous"
---

# §1891b. Fisheries Conservation and Management Fund

- (a) **In general—** The [Secretary](/usc/16/1802.md?p=39) shall establish and maintain a [fund](/usc/16/1421h.md?p=2), to be known as the “[Fisheries](/usc/16/1802.md?p=13) [Conservation and Management](/usc/16/1802.md?p=5) [Fund](/usc/16/1421h.md?p=2)”, which shall consist of amounts retained and deposited into the [Fund](/usc/16/1421h.md?p=2) under [subsection (c)](#c).
- (b) **Purposes—** Subject to the allocation of [funds](/usc/16/1421h.md?p=2) described in [subsection (d)](#d), amounts in the [Fund](/usc/16/1421h.md?p=2) shall be available to the [Secretary](/usc/16/1802.md?p=39) of Commerce, without appropriation or fiscal year limitation, to disburse as described in [subsection (e)](#e) for—
  - (1) efforts to improve [fishery](/usc/16/1802.md?p=13) harvest data collection including—
    - (A) expanding the use of electronic catch reporting [programs](/usc/16/460ss–6.md?p=1) and technology; and
    - (B) improvement of monitoring and [observer](/usc/16/1802.md?p=31) coverage through the expanded use of electronic monitoring devices and satellite tracking [systems](/usc/16/668ee.md?p=14) such as VMS on small vessels;
  - (2) cooperative [fishery](/usc/16/1802.md?p=13) research and analysis, in collaboration with [fishery](/usc/16/1802.md?p=13) participants, academic institutions, community residents, and other interested parties;
  - (3) development of methods or new technologies to improve the quality, health safety, and value of [fish](/usc/16/1802.md?p=12) landed;
  - (4) conducting analysis of [fish](/usc/16/1802.md?p=12) and seafood for health benefits and risks, including levels of contaminants and, where feasible, the source of such contaminants;
  - (5) marketing of sustainable [United States](/usc/16/1802.md?p=45) [fishery](/usc/16/1802.md?p=13) products, including consumer education regarding the health or other benefits of wild [fishery](/usc/16/1802.md?p=13) products harvested by vessels of the [United States](/usc/16/1802.md?p=45);
  - (6) improving data collection under the Marine Recreational [Fishery](/usc/16/1802.md?p=13) Statistics Survey in accordance with [section 401(g)(3)](/usc/16/401.md) of the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1881(g)(3)](/usc/16/1881.md?p=g-3)); and
  - (7) providing financial assistance to fishermen to offset the costs of modifying [fishing](/usc/16/1802.md?p=16) practices and gear to meet the requirements of this Act, the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1801](/usc/16/1801.md) et seq.), and other Federal laws in pari materia.
- (c) **Deposits to the Fund—**
  - (1) **Quota set-asides—** Any amount generated through quota set-asides established by a [Council](/usc/16/460mmm–1.md?p=2) under the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1801](/usc/16/1801.md) et seq.) and designated by the [Council](/usc/16/460mmm–1.md?p=2) for inclusion in the [Fishery](/usc/16/1802.md?p=13) [Conservation and Management](/usc/16/1802.md?p=5) [Fund](/usc/16/1421h.md?p=2), may be deposited in the [Fund](/usc/16/1421h.md?p=2).
  - (2) **Other funds—** In [addition](/usc/16/410r–5.md?p=c-2) to amounts received pursuant to paragraph (1) of this subsection, the [Fishery](/usc/16/1802.md?p=13) [Conservation and Management](/usc/16/1802.md?p=5) [Fund](/usc/16/1421h.md?p=2) may also receive [funds](/usc/16/1421h.md?p=2) from—
    - (A) appropriations for the purposes of this section; and
    - (B) [States](/usc/16/544.md?p=r) or other public sources or private or non-profit organizations for purposes of this section.
- (d) **Regional allocation—** The [Secretary](/usc/16/1802.md?p=39) shall, every 2 years, apportion monies from the [Fund](/usc/16/1421h.md?p=2) among the eight [Council](/usc/16/460mmm–1.md?p=2) [regions](/usc/16/1447a.md?p=6) according to recommendations of the [Councils](/usc/16/5102.md?p=5), based on regional priorities identified through the [Council](/usc/16/460mmm–1.md?p=2) process, except that no [region](/usc/16/1447a.md?p=6) shall receive less than 5 percent of the [Fund](/usc/16/1421h.md?p=2) in each allocation period.
- (e) **Limitation on the use of the Fund—** No amount made available from the [Fund](/usc/16/1421h.md?p=2) may be used to defray the costs of carrying out requirements of this Act or the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1801](/usc/16/1801.md) et seq.) other than those [uses](/usc/16/410hhh–1.md?p=10) identified in this section.

## Source credit

(Pub. L. 109–479, title II, § 208, Jan. 12, 2007, 120 Stat. 3616.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsecs. (b)(7) and (e), is Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3575, known as the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 1801 of this title and Tables.

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsecs. (b)(7), (c)(1), and (e), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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.

### Codification

Section was enacted as part of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.