{"identifier":"/us/usc/t16/s1870","title":16,"num":"\u00a7\u202f1870.","heading":"Required possession of descending devices","text":"\u00a7\u202f1870.\nRequired possession of descending devices\n(a)\nRequire gear in the Gulf reef fish fishery\nIt shall be unlawful for a person on board a commercial or recreational vessel to fish for Gulf reef fish in the Gulf of Mexico Exclusive Economic Zone without possessing on board the vessel a venting tool or a descending device that is rigged and ready for use while fishing is occurring.\n(b)\nSavings clause\nNo provision of this section shall be interpreted to affect any program or activity carried out by the Gulf Coast Ecosystem Restoration Council established by the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (\n33 U.S.C. 1321\n(c)\nDefinitions\nIn this section:\n(1)\nDescending device\nThe term \u201cdescending device\u201d means an instrument that\u2014\n(A) will release fish at a depth sufficient for the fish to be able to recover from the effects of barotrauma;\n(B) is a weighted hook, lip clamp, or box that will hold the fish while it is lowered to depth, or another device determined to be appropriate by the Secretary; and\n(C) is capable of\u2014\n(i) releasing the fish automatically;\n(ii) releasing the fish by actions of the operator of the device; or\n(iii) allowing the fish to escape on its own.\n(2)\nVenting tool\nThe term \u201cventing tool\u201d has the meaning given to it by the Gulf of Mexico Fishery Management Council.\n(3)\nGulf reef fish\nThe term \u201cGulf reef fish\u201d means any fish chosen by the Gulf of Mexico Fishery Management Council that is in the reef Fishery Management Plan for the purposes of this chapter.","url":"https://projectusc.org/usc/t16/s1870.html","content":[{"t":"sec","id":"/us/usc/t16/s1870","children":[{"t":"num","text":"\u00a7\u202f1870."},{"t":"heading","text":"Required possession of descending devices"},{"t":"subsec","id":"/us/usc/t16/s1870/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Require gear in the Gulf reef fish fishery"},{"t":"content","children":[{"t":"p","text":"It shall be unlawful for a person on board a commercial or recreational vessel to fish for Gulf reef fish in the Gulf of Mexico Exclusive Economic Zone without possessing on board the vessel a venting tool or a descending device that is rigged and ready for use while fishing is occurring.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s1870/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Savings clause"},{"t":"content","children":[{"t":"p","text":"No provision of this section shall be interpreted to affect any program or activity carried out by the Gulf Coast Ecosystem Restoration Council established by the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (","children":[{"t":"ref","text":"33 U.S.C. 1321","href":"/us/usc/t33/s1321","tail":" note), or any project 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 Recreational Fisheries."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s1870/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t16/s1870/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Descending device"},{"t":"chapeau","text":"The term \u201cdescending device\u201d means an instrument that\u2014"},{"t":"subpara","id":"/us/usc/t16/s1870/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" will release fish at a depth sufficient for the fish to be able to recover from the effects of barotrauma;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s1870/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" is a weighted hook, lip clamp, or box that will hold the fish while it is lowered to depth, or another device determined to be appropriate by the Secretary; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s1870/c/1/C","children":[{"t":"num","text":"(C)"},{"t":"chapeau","text":" is capable of\u2014"},{"t":"clause","id":"/us/usc/t16/s1870/c/1/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" releasing the fish automatically;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s1870/c/1/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" releasing the fish by actions of the operator of the device; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s1870/c/1/C/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" allowing the fish to escape on its own.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1870/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Venting tool"},{"t":"content","children":[{"t":"p","text":"The term \u201cventing tool\u201d has the meaning given to it by the Gulf of Mexico Fishery Management Council.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1870/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Gulf reef fish"},{"t":"content","children":[{"t":"p","text":"The term \u201cGulf reef fish\u201d means any fish chosen by the Gulf of Mexico Fishery Management Council that is in the reef Fishery Management Plan for the purposes of this chapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}