Sec. 321.68. REQUIRED POSSESSION OF DESCENDING DEVICES
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## SEC. 321.68 REQUIRED POSSESSION OF DESCENDING DEVICES **[**[16 U.S.C. 1870](/us/usc/t16/s1870)**]** ###
(a)Require Gear in the Gulf Reef Fish Fishery 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. 68Effective on January 13, 2022, section 3(a) of Public Law 116-340 added at the end of title III a new section 321. Effective on January 13, 2026, section 3(e)(3) of Public Law 116-340 provides for an amendment to strike section 321. ###
(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 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 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. ###
(c)Definitions In this section: ####
(1)Descending device The term “**descending device**” means an instrument that— #####
(A)will release fish at a depth sufficient for the fish to be able to recover from the effects of barotrauma; #####
(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 #####
(C)is capable of— ######
(i)releasing the fish automatically; ######
(ii)releasing the fish by actions of the operator of the device; or ######
(iii)allowing the fish to escape on its own. ####
(2)Venting tool The term “**venting tool**” has the meaning given to it by the Gulf of Mexico Fishery Management Council. ####
(3)Gulf reef fish The term “**Gulf reef fish**” 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 Act. # TITLE IV FISHERY MONITORING AND RESEARCH
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Sec. 321.68
REQUIRED POSSESSION OF DESCENDING DEVICES
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