US (United States) Code. Title 16. Chapter 38: Fishery management

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

.

-HEAD-

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

-MISC1-

SUBCHAPTER I - GENERALLY

Sec.

1801. Findings, purposes and policy.

(a) Findings.

(b) Purposes.

(c) Policy.

1802. Definitions.

1803. Authorization of appropriations.

SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH

AND FISHERY RESOURCES

1811. United States sovereign rights to fish and fishery management

authority.

(a) In the exclusive economic zone.

(b) Beyond the exclusive economic zone.

1812. Highly migratory species.

1813. Omitted.

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

1821. Foreign fishing.

(a) In general.

(b) Existing international fishery agreements.

(c) Governing international fishery agreements.

(d) Total allowable level of foreign fishing.

(e) Allocation of allowable level.

(f) Reciprocity.

(g) Preliminary fishery management plans.

(h) Full observer coverage program.

(i) Recreational fishing.

1822. International fishery agreements.

(a) Negotiations.

(b) Treaty renegotiation.

(c) International fishery agreements.

(d) Boundary negotiations.

(e) Highly migratory species agreements.

(f) Nonrecognition.

(g) Fishery agreement with Russia.

(h) Bycatch reduction agreements.

1823. Congressional oversight of international fishery agreements.

(a) In general.

(b) Referral to committees.

(c) Congressional procedures.

1824. Permits for foreign fishing.

(a) In general.

(b) Applications and permits under governing

international fishery agreements.

(c) Registration permits.

(d) Transshipment permits.

(e) Pacific Insular Areas.

1825. Import prohibitions.

(a) Determinations by Secretary of State.

(b) Prohibitions.

(c) Removal of prohibition.

(d) Definitions.

1826. Large-scale driftnet fishing.

(a) Short title.

(b) Findings.

(c) Policy.

(d) International agreements.

(e) Report.

(f) Certification.

(g) Effect on sovereign rights.

(h) ''Living marine resources'' defined.

1826a. Denial of port privileges and sanctions for high seas

large-scale driftnet fishing.

(a) Denial of port privileges.

(b) Sanctions.

1826b. Duration of denial of port privileges and sanctions.

1826c. Definitions.

1826d. Prohibition.

1826e. Negotiations.

1826f. Certification.

1826g. Enforcement.

1827. Observer program regarding certain foreign fishing.

(a) Definitions.

(b) Observer program.

(c) Functions of observers.

(d) Fees.

(e) Fund.

(f) Prohibited acts.

(g) Regulations.

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

1851. National standards for fishery conservation and management.

(a) In general.

(b) Guidelines.

1852. Regional Fishery Management Councils.

(a) Establishment.

(b) Voting members.

(c) Nonvoting members.

(d) Compensation and expenses.

(e) Transaction of business.

(f) Staff and administration.

(g) Committees and panels.

(h) Functions.

(i) Procedural matters.

(j) Disclosure of financial interest and recusal.

1853. Contents of fishery management plans.

(a) Required provisions.

(b) Discretionary provisions.

(c) Proposed regulations.

(d) Individual fishing quotas.

1854. Action by Secretary.

(a) Review of plans.

(b) Review of regulations.

(c) Preparation and review of Secretarial plans.

(d) Establishment of fees.

(e) Rebuilding overfished fisheries.

(f) Fisheries under authority of more than one

Council.

(g) Atlantic highly migratory species.

(h) Repeal or revocation of a fishery management

plan.

1855. Other requirements and authority.

(a) Gear evaluation and notification of entry.

(b) Fish habitat.

(c) Emergency actions and interim measures.

(d) Responsibility of Secretary.

(e) Effect of certain laws on certain time

requirements.

(f) Judicial review.

(g) Negotiated conservation and management measures.

(h) Central registry system for limited access system

permits.

(i) Alaska and western Pacific community development

programs.

1856. State jurisdiction.

(a) In general.

(b) Exception.

(c) Exception regarding foreign fish processing in

internal waters.

1857. Prohibited acts.

1858. Civil penalties and permit sanctions.

(a) Assessment of penalty.

(b) Review of civil penalty.

(c) Action upon failure to pay assessment.

(d) In rem jurisdiction.

(e) Compromise or other action by Secretary.

(f) Subpenas.

(g) Permit sanctions.

1859. Criminal offenses.

(a) Offenses.

(b) Punishment.

(c) Jurisdiction.

1860. Civil forfeitures.

(a) In general.

(b) Jurisdiction of district courts.

(c) Judgment.

(d) Procedure.

(e) Rebuttable presumptions.

1861. Enforcement.

(a) Responsibility.

(b) Powers of authorized officers.

(c) Issuance of citations.

(d) Jurisdiction of courts.

(e) Payment of storage, care, and other costs.

(f) Enforcement of Northeast Multispecies Fishery

Management Plan.

(g) Enforcement in Pacific Insular Areas.

(h) Definitions.

1861a. Transition to sustainable fisheries.

(a) Fisheries disaster relief.

(b) Fishing capacity reduction program.

(c) Program funding.

(d) Industry fee system.

(e) Implementation plan.

1862. North Pacific fisheries conservation.

(a) In general.

(b) Standards.

(c) Action by Secretary.

(d) Fishery Observer Fund.

(e) Special provisions regarding observers.

(f) Bycatch reduction.

(g) Bycatch reduction incentives.

(h) Catch measurement.

(i) Full retention and utilization.

1863. Northwest Atlantic Ocean Fisheries Reinvestment Program.

(a) Program.

(b) Assistance of other agencies.

(c) Management plans for underutilized species.

(d) ''Underutilized species'' defined.

SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

1881. Registration and information management.

(a) Standardized fishing vessel registration and

information management system.

(b) Fishing vessel registration.

(c) Fishery information.

(d) Use of registration.

(e) Public comment.

(f) Congressional transmittal.

(g) Report to Congress.

1881a. Information collection.

(a) Council requests.

(b) Confidentiality of information.

(c) Restriction on use of certain information.

(d) Contracting authority.

(e) Resource assessments.

1881b. Observers.

(a) Guidelines for carrying observers.

(b) Training.

(c) Observer status.

1881c. Fisheries research.

(a) In general.

(b) Strategic plan.

(c) Areas of research.

(d) Public notice.

1881d. Incidental harvest research.

(a) Collection of information.

(b) Identification of stock.

(c) Collection and assessment of specific stock

information.

(d) Bycatch reduction program.

(e) Report to Congress.

(f) Implementation criteria.

1882. Fisheries systems research.

(a) Establishment of panel.

(b) Panel membership.

(c) Recommendations.

(d) Report.

(e) Procedural matter.

1883. Gulf of Mexico red snapper research.

(a) Independent peer review.

(b) Prohibition.

(c) Referendum.

(d) Catch limits.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 917, 971b, 971d, 1432,

1827, 3125, 3373, 3377, 3601, 3607, 3631, 4102, 5103, 5106, 5107a,

5107b, 5152, 5154, 5158, 5504, 5609, 6403, 6406, 6409 of this

title; title 22 section 1980; title 33 section 1321; title 42

sections 9601, 9603; title 46 sections 12102, 12108; title 48

section 1904.

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16 USC SUBCHAPTER I - GENERALLY 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER I - GENERALLY

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-HEAD-

SUBCHAPTER I - GENERALLY

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16 USC Sec. 1801 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1801. Findings, purposes and policy

-STATUTE-

(a) Findings

The Congress finds and declares the following:

(1) The fish off the coasts of the United States, the highly

migratory species of the high seas, the species which dwell on or

in the Continental Shelf appertaining to the United States, and

the anadromous species which spawn in United States rivers or

estuaries, constitute valuable and renewable natural resources.

These fishery resources contribute to the food supply, economy,

and health of the Nation and provide recreational opportunities.

(2) Certain stocks of fish have declined to the point where

their survival is threatened, and other stocks of fish have been

so substantially reduced in number that they could become

similarly threatened as a consequence of (A) increased fishing

pressure, (B) the inadequacy of fishery resource conservation and

management practices and controls, or (C) direct and indirect

habitat losses which have resulted in a diminished capacity to

support existing fishing levels.

(3) Commercial and recreational fishing constitutes a major

source of employment and contributes significantly to the economy

of the Nation. Many coastal areas are dependent upon fishing and

related activities, and their economies have been badly damaged

by the overfishing of fishery resources at an ever-increasing

rate over the past decade. The activities of massive foreign

fishing fleets in waters adjacent to such coastal areas have

contributed to such damage, interfered with domestic fishing

efforts, and caused destruction of the fishing gear of United

States fishermen.

(4) International fishery agreements have not been effective in

preventing or terminating the overfishing of these valuable

fishery resources. There is danger that irreversible effects

from overfishing will take place before an effective

international agreement on fishery management jurisdiction can be

negotiated, signed, ratified, and implemented.

(5) Fishery resources are finite but renewable. If placed

under sound management before overfishing has caused irreversible

effects, the fisheries can be conserved and maintained so as to

provide optimum yields on a continuing basis.

(6) A national program for the conservation and management of

the fishery resources of the United States is necessary to

prevent overfishing, to rebuild overfished stocks, to insure

conservation, to facilitate long-term protection of essential

fish habitats, and to realize the full potential of the Nation's

fishery resources.

(7) A national program for the development of fisheries which

are underutilized or not utilized by the United States fishing

industry, including bottom fish off Alaska, is necessary to

assure that our citizens benefit from the employment, food

supply, and revenue which could be generated thereby.

(8) The collection of reliable data is essential to the

effective conservation, management, and scientific understanding

of the fishery resources of the United States.

(9) One of the greatest long-term threats to the viability of

commercial and recreational fisheries is the continuing loss of

marine, estuarine, and other aquatic habitats. Habitat

considerations should receive increased attention for the

conservation and management of fishery resources of the United

States.

(10) Pacific Insular Areas contain unique historical, cultural,

legal, political, and geographical circumstances which make

fisheries resources important in sustaining their economic

growth.

(b) Purposes

It is therefore declared to be the purposes of the Congress in

this chapter -

(1) to take immediate action to conserve and manage the fishery

resources found off the coasts of the United States, and the

anadromous species and Continental Shelf fishery resources of the

United States, by exercising (A) sovereign rights for the

purposes of exploring, exploiting, conserving, and managing all

fish, within the exclusive economic zone established by

Presidential Proclamation 5030, dated March 10, 1983, and (B)

exclusive fishery management authority beyond the exclusive

economic zone over such anadromous species and Continental Shelf

fishery resources;

(2) to support and encourage the implementation and enforcement

of international fishery agreements for the conservation and

management of highly migratory species, and to encourage the

negotiation and implementation of additional such agreements as

necessary;

(3) to promote domestic commercial and recreational fishing

under sound conservation and management principles, including the

promotion of catch and release programs in recreational fishing;

(4) to provide for the preparation and implementation, in

accordance with national standards, of fishery management plans

which will achieve and maintain, on a continuing basis, the

optimum yield from each fishery;

(5) to establish Regional Fishery Management Councils to

exercise sound judgment in the stewardship of fishery resources

through the preparation, monitoring, and revision of such plans

under circumstances (A) which will enable the States, the fishing

industry, consumer and environmental organizations, and other

interested persons to participate in, and advise on, the

establishment and administration of such plans, and (B) which

take into account the social and economic needs of the States;

(6) to encourage the development by the United States fishing

industry of fisheries which are currently underutilized or not

utilized by United States fishermen, including bottom fish off

Alaska, and to that end, to ensure that optimum yield

determinations promote such development in a non-wasteful manner;

and

(7) to promote the protection of essential fish habitat in the

review of projects conducted under Federal permits, licenses, or

other authorities that affect or have the potential to affect

such habitat.

(c) Policy

It is further declared to be the policy of the Congress in this

chapter -

(1) to maintain without change the existing territorial or

other ocean jurisdiction of the United States for all purposes

other than the conservation and management of fishery resources,

as provided for in this chapter;

(2) to authorize no impediment to, or interference with,

recognized legitimate uses of the high seas, except as necessary

for the conservation and management of fishery resources, as

provided for in this chapter;

(3) to assure that the national fishery conservation and

management program utilizes, and is based upon, the best

scientific information available; involves, and is responsive to

the needs of, interested and affected States and citizens;

considers efficiency; draws upon Federal, State, and academic

capabilities in carrying out research, administration,

management, and enforcement; considers the effects of fishing on

immature fish and encourages development of practical measures

that minimize bycatch and avoid unnecessary waste of fish; and is

workable and effective;

(4) to permit foreign fishing consistent with the provisions of

this chapter;

(5) to support and encourage active United States efforts to

obtain internationally acceptable agreements which provide for

effective conservation and management of fishery resources, and

to secure agreements to regulate fishing by vessels or persons

beyond the exclusive economic zones of any nation;

(6) to foster and maintain the diversity of fisheries in the

United States; and

(7) to ensure that the fishery resources adjacent to a Pacific

Insular Area, including resident or migratory stocks within the

exclusive economic zone adjacent to such areas, be explored,

developed, conserved, and managed for the benefit of the people

of such area and of the United States.

-SOURCE-

(Pub. L. 94-265, Sec. 2, Apr. 13, 1976, 90 Stat. 331; Pub. L.

95-354, Sec. 2, Aug. 28, 1978, 92 Stat. 519; Pub. L. 96-561, title

II, Sec. 233, Dec. 22, 1980, 94 Stat. 3299; Pub. L. 99-659, title

I, Sec. 101(c)(1), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101-627,

title I, Sec. 101, Nov. 28, 1990, 104 Stat. 4437; Pub. L. 102-251,

title III, Sec. 301(a), Mar. 9, 1992, 106 Stat. 62; Pub. L.

104-297, title I, Sec. 101, Oct. 11, 1996, 110 Stat. 3560.)

-STATAMEND-

AMENDMENT OF SUBSECTION (B)(1)

Pub. L. 102-251, title III, Sec. 301(a), 308, Mar. 9, 1992, 106

Stat. 62, 66, provided that, effective on the date on which the

Agreement between the United States and the Union of Soviet

Socialist Republics on the Maritime Boundary, signed June 1,

1990, enters into force for the United States, with authority to

prescribe implementing regulations effective Mar. 9, 1992, but

with no such regulation to be effective until the date on which

the Agreement enters into force for the United States, subsection

(b)(1) is amended by inserting '', and fishery resources in the

special areas'' before the semicolon at the end.

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b) and (c), was in the

original ''this Act'', meaning Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended, 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 below and Tables.

Presidential Proclamation 5030, referred to in subsec. (b)(1), is

set out under section 1453 of this title.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-297, Sec. 101(1), added par.

(2) and struck out former par. (2) which read as follows: ''As a

consequence of increased fishing pressure and because of the

inadequacy of fishery conservation and management practices and

controls (A) certain stocks of such fish have been overfished to

the point where their survival is threatened, and (B) other such

stocks have been so substantially reduced in number that they could

become similarly threatened.''

Subsec. (a)(6). Pub. L. 104-297, Sec. 101(2), inserted ''to

facilitate long-term protection of essential fish habitats,'' after

''to insure conservation,''.

Subsec. (a)(9), (10). Pub. L. 104-297, Sec. 101(3), added pars.

(9) and (10).

Subsec. (b)(3). Pub. L. 104-297, Sec. 101(4), substituted

''principles, including the promotion of catch and release programs

in recreational fishing'' for ''principles''.

Subsec. (b)(5). Pub. L. 104-297, Sec. 101(5), struck out ''and''

after semicolon at end.

Subsec. (b)(6). Pub. L. 104-297, Sec. 101(6), substituted

''development in a non-wasteful manner; and'' for ''development.''

Subsec. (b)(7). Pub. L. 104-297, Sec. 101(7), added par. (7).

Subsec. (c)(3). Pub. L. 104-297, Sec. 101(8), substituted

''considers efficiency'' for ''promotes efficiency'' and inserted

''minimize bycatch and'' after ''practical measures that''.

Subsec. (c)(7). Pub. L. 104-297, Sec. 101(9)-(11), added par.

(7).

1990 - Subsec. (a)(8). Pub. L. 101-627, Sec. 101(a), added par.

(8).

Subsec. (b)(1)(A). Pub. L. 101-627, Sec. 101(b)(1), struck out

''except highly migratory species'' after ''fish''.

Subsec. (b)(5). Pub. L. 101-627, Sec. 101(b)(2), substituted

''exercise sound judgment in the stewardship of fishery resources

through the preparation, monitoring, and revision of'' for

''prepare, monitor, and revise''.

Subsec. (c)(3). Pub. L. 101-627, Sec. 101(c)(1), inserted

''considers the effects of fishing on immature fish and encourages

development of practical measures that avoid unnecessary waste of

fish;'' after ''and enforcement;''.

Subsec. (c)(5). Pub. L. 101-627, Sec. 101(c)(3), substituted '',

and to secure agreements to regulate fishing by vessels or persons

beyond the exclusive economic zones of any nation; and'' for period

at end.

Subsec. (c)(6). Pub. L. 101-627, Sec. 101(c)(4), added par. (6).

1986 - Subsec. (b)(1). Pub. L. 99-659, Sec. 101(c)(1)(A), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''to take immediate action to conserve and manage the fishery

resources found off the coasts of the United States, and the

anadromous species and Continental Shelf fishery resources of the

United States, by establishing (A) a fishery conservation zone

within which the United States will assume exclusive fishery

management authority over all fish, except highly migratory

species, and (B) exclusive fishery management authority beyond such

zone over such anadromous species and Continental Shelf fishery

resources;''.

Subsec. (c)(5). Pub. L. 99-659, Sec. 101(c)(1)(B), amended par.

(5) generally. Prior to amendment, par. (5) read as follows: ''to

support and encourage continued active United States efforts to

obtain an internationally acceptable treaty, at the Third United

Nations Conference on the Law of the Sea, which provides for

effective conservation and management of fishery resources.''

1980 - Subsec. (b)(6). Pub. L. 96-561 inserted '', and to that

end, to ensure that optimum yield determinations promote such

development'' after ''fish off Alaska''.

1978 - Subsec. (a)(7). Pub. L. 95-354, Sec. 2(a), substituted

''the United States fishing industry'' for ''United States

fishermen''.

Subsec. (b)(6). Pub. L. 95-354, Sec. 2(b), inserted requirement

for development by the United States fishing industry.

-CHANGE-

REFERENCES TO MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT

REDESIGNATED AS REFERENCES TO MAGNUSON-STEVENS FISHERY CONSERVATION

AND MANAGEMENT ACT

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec.

211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that:

''Effective 15 days after the enactment of the Sustainable

Fisheries Act (Pub. L. 104-297, enacted Oct. 11, 1996), all

references to the Magnuson Fishery Conservation and Management Act

(see Short Title note below) shall be redesignated as references to

the Magnuson-Stevens Fishery Conservation and Management Act.''

REFERENCES TO FISHERY CONSERVATION AND MANAGEMENT ACT OF 1976

REDESIGNATED AS REFERENCES TO MAGNUSON FISHERY CONSERVATION AND

MANAGEMENT ACT

Section 238(b) of title II of Pub. L. 96-561 provided that:

''Effective 15 days after the date of enactment of this title (Dec.

22, 1980), all references to the Fishery Conservation and

Management Act of 1976 (see Short title note below) shall be

redesignated as references to the Magnuson Fishery Conservation and

Management Act.''

-MISC4-

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement

between United States and Union of Soviet Socialist Republics on

the Maritime Boundary, signed June 1, 1990, enters into force for

United States, with authority to prescribe implementing regulations

effective Mar. 9, 1992, but with no such regulation to be effective

until date on which Agreement enters into force for United States,

see section 308 of Pub. L. 102-251, set out as a note under section

773 of this title.

SHORT TITLE OF 1996 AMENDMENT

Section 1(a) of Pub. L. 104-297 provided that: ''This Act

(enacting sections 1803, 1861a, 1881 to 1881d, 1883, 5107a, and

5107b of this title and sections 1279f and 1279g of Title 46,

Appendix, Shipping, amending this section, sections 757d, 1362,

1802, 1812, 1821 to 1824, 1826, 1851 to 1858, 1860, 1861, 1862,

1863, 1882, 1883, 4107, 5102, 5103, and 5108 of this title, section

713c-3 of Title 15, Commerce and Trade, and section 1274 of Title

46, Appendix, enacting provisions set out as notes under sections

1802, 1853 to 1856, 1861a, and 1881c of this title and section 1245

of Title 46, Appendix, amending provisions set out as a note under

section 971c of this title, and repealing provisions set out as a

note under section 1851 of this title) may be cited as the

'Sustainable Fisheries Act'.''

SHORT TITLE OF 1995 AMENDMENT

Pub. L. 104-43, title VI, Sec. 601, Nov. 3, 1995, 109 Stat. 391,

provided that: ''This title (enacting sections 1826d to 1826g of

this title and provisions set out as a note under section 1826d of

this title) may be cited as the 'High Seas Driftnet Fishing

Moratorium Protection Act'.''

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-582, Sec. 1, Nov. 2, 1992, 106 Stat. 4900, provided

that: ''This Act (enacting sections 1826a to 1826c of this title

and section 1707a of Title 46, Appendix, Shipping, amending

sections 1362, 1371, 1852, and 1862 of this title, section 1978 of

Title 22, Foreign Relations and Intercourse, and section 2110 of

Title 46, repealing section 1111c of Title 46, Appendix, and

enacting provisions set out as notes under sections 1823, 1826a,

and 1861 of this title and section 2110 of Title 46) may be cited

as the 'High Seas Driftnet Fisheries Enforcement Act'.''

SHORT TITLE OF 1990 AMENDMENT

Section 1(a) of Pub. L. 101-627 provided that: ''The Act

(enacting sections 971b-1, 1385, and 1862 of this title, amending

this section, sections 757d, 758e-5, 971a, 971b, 971d, 971h, 1371,

1802, 1811, 1812, 1821, 1822, 1824 to 1826, 1852 to 1861, 1882,

4005, 4006, 4008, 4103, and 4107 of this title, section 713c-3 of

Title 15, Commerce and Trade, and section 1977 of Title 22, Foreign

Relations and Intercourse, and enacting provisions set out as notes

under sections 971a, 1373, 1802, 1812, 1822, 1825, 1854, 4004, and

4005 of this title) may be cited as the 'Fishery Conservation

Amendments of 1990'.''

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-220, Sec. 1, Dec. 29, 1987, 101 Stat. 1458, provided

that: ''This Act (enacting section 1912 of Title 33, Navigation and

Navigable Waters, amending sections 1121 to 1131, 1901 to 1903,

1905, and 1907 to 1909 of Title 33, and enacting provisions set out

as notes under this section, sections 1822 and 1823 of this title,

sections 883a, 1121, 1125, 1901, 1902, and 2267 of Title 33, and

section 6981 of Title 42, The Public Health and Welfare) may be

cited as the 'United States-Japan Fishery Agreement Approval Act of

1987'.''

SHORT TITLE OF 1980 AMENDMENT

Section 201 of title II of Pub. L. 96-561 provided that: ''This

title (enacting section 1511b of Title 15, Commerce and Trade,

amending sections 917, 1801, 1821, 1824, 1852, and 1855 of this

title, section 713c-3 of Title 15, sections 1972 and 1980 of Title

22, Foreign Relations and Intercourse, section 1321 of Title 33,

Navigation and Navigable Waters, section 1843 of Title 43, Public

Lands, and sections 1271, 1273, 1274, and 1275 of Title 46,

Appendix, Shipping, and enacting provisions set out as notes under

this section, sections 742c, 1821, and 1824 of this title, and

section 1980 of Title 22) may be cited as the 'American Fisheries

Promotion Act'.''

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 95-6, Sec. 1, Feb. 21, 1977, 91 Stat. 14, provided:

''That this joint resolution (enacting section 1826 of this title,

repealing sections 981 to 991 of this title, and enacting

provisions set out as notes under sections 981 and 1823 of this

title) may be cited as the 'Fishery Conservation Zone Transition

Act'.''

SHORT TITLE

Section 1 of Pub. L. 94-265, as amended by Pub. L. 96-561, title

II, Sec. 238(a), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104-208,

div. A, title I, Sec. 101(a) (title II, Sec. 211(a)), Sept. 30,

1996, 110 Stat. 3009, 3009-41, provided: ''That this Act (enacting

this chapter, amending section 971 of this title and sections 1972

and 1973 of Title 22, Foreign Relations and Intercourse, enacting

provisions set out as notes under this section and sections 971,

1362, 1857 of this title, and sections 1972 and 1973 of Title 22,

and repealing chapters 21 and 21A of this title) may be cited as

the 'Magnuson-Stevens Fishery Conservation and Management Act'.''

(Section 101(a) (title II, Sec. 211(a)) of div. A of Pub. L.

104-208 provided that the amendment made by that section to section

1 of Pub. L. 94-265, set out above, is effective 15 days after Oct.

11, 1996.)

(Section 238(a) of Pub. L. 96-561 provided that the amendment

made by that section to section 1 of Pub. L. 94-265, set out above,

is effective 15 days after Dec. 22, 1980.)

-EXEC-

EX. ORD. NO. 12962. RECREATIONAL FISHERIES

Ex. Ord. No. 12962, June 7, 1995, 60 F.R. 30769, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in furtherance of

the purposes of the Fish and Wildlife Act of 1956 (16 U.S.C.

742a-d, and e-j), the Fish and Wildlife Coordination Act (16 U.S.C.

661-666c), the National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.), and the Magnuson Fishery Conservation and Management

Act (16 U.S.C. 1801-1882), and other pertinent statutes, and in

order to conserve, restore, and enhance aquatic systems to provide

for increased recreational fishing opportunities nationwide, it is

ordered as follows:

Section 1. Federal Agency Duties. Federal agencies shall, to the

extent permitted by law and where practicable, and in cooperation

with States and Tribes, improve the quantity, function, sustainable

productivity, and distribution of U.S. aquatic resources for

increased recreational fishing opportunities by: (a) developing and

encouraging partnerships between governments and the private sector

to advance aquatic resource conservation and enhance recreational

fishing opportunities;

(b) identifying recreational fishing opportunities that are

limited by water quality and habitat degradation and promoting

restoration to support viable, healthy, and, where feasible,

self-sustaining recreational fisheries;

(c) fostering sound aquatic conservation and restoration

endeavors to benefit recreational fisheries;

(d) providing access to and promoting awareness of opportunities

for public participation and enjoyment of U.S. recreational fishery

resources;

(e) supporting outreach programs designed to stimulate angler

participation in the conservation and restoration of aquatic

systems;

(f) implementing laws under their purview in a manner that will

conserve, restore, and enhance aquatic systems that support

recreational fisheries;

(g) establishing cost-share programs, under existing authorities,

that match or exceed Federal funds with nonfederal contributions;

(h) evaluating the effects of Federally funded, permitted, or

authorized actions on aquatic systems and recreational fisheries

and document those effects relative to the purpose of this order;

and

(i) assisting private landowners to conserve and enhance aquatic

resources on their lands.

Sec. 2. National Recreational Fisheries Coordination Council. A

National Recreational Fisheries Coordination Council

(''Coordination Council'') is hereby established. The Coordination

Council shall consist of seven members, one member designated by

each of the following Secretaries - Interior, Commerce,

Agriculture, Energy, Transportation, and Defense - and one by the

Administrator of the Environmental Protection Agency. The

Coordination Council shall: (a) ensure that the social and economic

values of healthy aquatic systems that support recreational

fisheries are considered by Federal agencies in the course of their

actions;

(b) reduce duplicative and cost-inefficient programs among

Federal agencies involved in conserving or managing recreational

fisheries;

(c) share the latest resource information and management

technologies to assist in the conservation and management of

recreational fisheries;

(d) assess the implementation of the Conservation Plan required

under section 3 of this order; and

(e) develop a biennial report of accomplishments of the

Conservation Plan.

The representatives designated by the Secretaries of Commerce and

the Interior shall cochair the Coordination Council.

Sec. 3. Recreational Fishery Resources Conservation Plan. (a)

Within 12 months of the date of this order, the Coordination

Council, in cooperation with Federal agencies, States, and Tribes,

and after consulting with the Federally chartered Sport Fishing and

Boating Partnership Council, shall develop a comprehensive

Recreational Fishery Resources Conservation Plan (''Conservation

Plan'').

(b) The Conservation Plan will set forth a 5-year agenda for

Federal agencies identified by the Coordination Council. In so

doing, the Conservation Plan will establish, to the extent

permitted by law and where practicable; (1) measurable objectives

to conserve and restore aquatic systems that support viable and

healthy recreational fishery resources, (2) actions to be taken by

the identified Federal agencies, (3) a method of ensuring the

accountability of such Federal agencies, and (4) a comprehensive

mechanism to evaluate achievements. The Conservation Plan will, to

the extent practicable, be integrated with existing plans and

programs, reduce duplication, and will include recommended actions

for cooperation with States, Tribes, conservation groups, and the

recreational fisheries community.

Sec. 4. Joint Policy for Administering the Endangered Species Act

of 1973. All Federal agencies will aggressively work to identify

and minimize conflicts between recreational fisheries and their

respective responsibilities under the Endangered Species Act of

1973 (''ESA'') (16 U.S.C. 1531 et seq.). Within 6 months of the

date of this order, the Fish and Wildlife Service and the National

Marine Fisheries Service will promote compatibility and reduce

conflicts between the administration of the ESA and recreational

fisheries by developing a joint agency policy that will; (1) ensure

consistency in the administration of the ESA between and within the

two agencies, (2) promote collaboration with other Federal, State,

and Tribal fisheries managers, and (3) improve and increase efforts

to inform nonfederal entities of the requirements of the ESA.

Sec. 5. Sport Fishing and Boating Partnership Council. To assist

in the implementation of this order, the Secretary of the Interior

shall expand the role of the Sport Fishing and Boating Partnership

Council to: (a) monitor specific Federal activities affecting

aquatic systems and the recreational fisheries they support;

(b) review and evaluate the relation of Federal policies and

activities to the status and conditions of recreational fishery

resources; and

(c) prepare an annual report of its activities, findings, and

recommendations for submission to the Coordination Council.

Sec. 6. Judicial Review. This order is intended only to improve

the internal management of the executive branch and it is not

intended to create any right, benefit or trust responsibility,

substantive or procedural, enforceable at law or equity by a party

against the United States, its agencies, its officers, or any other

person. William J. Clinton.

-CITE-

16 USC Sec. 1802 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1802. Definitions

-STATUTE-

As used in this chapter, unless the context otherwise requires -

(1) The term ''anadromous species'' means species of fish which

spawn in fresh or estuarine waters of the United States and which

migrate to ocean waters.

(2) The term ''bycatch'' means fish which are harvested in a

fishery, but which are not sold or kept for personal use, and

includes economic discards and regulatory discards. Such term

does not include fish released alive under a recreational catch

and release fishery management program.

(3) The term ''charter fishing'' means fishing from a vessel

carrying a passenger for hire (as defined in section 2101(21a) of

title 46) who is engaged in recreational fishing.

(4) The term ''commercial fishing'' means fishing in which the

fish harvested, either in whole or in part, are intended to enter

commerce or enter commerce through sale, barter or trade.

(5) The term ''conservation and management'' refers to all of

the rules, regulations, conditions, methods, and other measures

(A) which are required to rebuild, restore, or maintain, and

which are useful in rebuilding, restoring, or maintaining, any

fishery resource and the marine environment; and (B) which are

designed to assure that -

(i) a supply of food and other products may be taken, and

that recreational benefits may be obtained, on a continuing

basis;

(ii) irreversible or long-term adverse effects on fishery

resources and the marine environment are avoided; and

(iii) there will be a multiplicity of options available with

respect to future uses of these resources.

(6) The term ''Continental Shelf'' means the seabed and subsoil

of the submarine areas adjacent to the coast, but outside the

area of the territorial sea, of the United States, to a depth of

200 meters or, beyond that limit, to where the depth of the

superjacent waters admits of the exploitation of the natural

resources of such areas.

(7) The term ''Continental Shelf fishery resources'' means the

following:

CNIDARIA

Bamboo Coral - Acanella spp.;

Black Coral - Antipathes spp.;

Gold Coral - Callogorgia spp.;

Precious Red Coral - Corallium spp.;

Bamboo Coral - Keratoisis spp.; and

Gold Coral - Parazoanthus spp.

CRUSTACEA

Tanner Crab - Chionoecetes tanneri;

Tanner Crab - Chionoecetes opilio;

Tanner Crab - Chionoecetes angulatus;

Tanner Crab - Chionoecetes bairdi;

King Crab - Paralithodes camtschatica;

King Crab - Paralithodes platypus;

King Crab - Paralithodes brevipes;

Lobster - Homarus americanus;

Dungeness Crab - Cancer magister;

California King Crab - Paralithodes californiensis;

California King Crab - Paralithodes rathbuni;

Golden King Crab - Lithodes aequispinus;

Northern Stone Crab - Lithodes maja;

Stone Crab - Menippe mercenaria; and

Deep-sea Red Crab - Chaceon quinquedens.

MOLLUSKS

Red Abalone - Haliotis rufescens;

Pink Abalone - Haliotis corrugata;

Japanese Abalone - Haliotis kamtschatkana;

Queen Conch - Strombus gigas;

Surf Clam - Spisula solidissima; and

Ocean Quahog - Arctica islandica.

SPONGES

Glove Sponge - Spongia cheiris;

Sheepswool Sponge - Hippiospongia lachne;

Grass Sponge - Spongia graminea; and

Yellow Sponge - Spongia barbera.

If the Secretary determines, after consultation with the

Secretary of State, that living organisms of any other sedentary

species are, at the harvestable stage, either -

(A) immobile on or under the seabed, or

(B) unable to move except in constant physical contact with

the seabed or subsoil,

of the Continental Shelf which appertains to the United States,

and publishes notice of such determination in the Federal

Register, such sedentary species shall be considered to be added

to the foregoing list and included in such term for purposes of

this chapter.

(8) The term ''Council'' means any Regional Fishery Management

Council established under section 1852 of this title.

(9) The term ''economic discards'' means fish which are the

target of a fishery, but which are not retained because they are

of an undesirable size, sex, or quality, or for other economic

reasons.

(10) The term ''essential fish habitat'' means those waters and

substrate necessary to fish for spawning, breeding, feeding or

growth to maturity.

(11) The term ''exclusive economic zone'' means the zone

established by Proclamation Numbered 5030, dated March 10, 1983.

For purposes of applying this chapter, the inner boundary of that

zone is a line coterminous with the seaward boundary of each of

the coastal States.

(12) The term ''fish'' means finfish, mollusks, crustaceans,

and all other forms of marine animal and plant life other than

marine mammals and birds.

(13) The term ''fishery'' means -

(A) one or more stocks of fish which can be treated as a unit

for purposes of conservation and management and which are

identified on the basis of geographical, scientific, technical,

recreational, and economic characteristics; and

(B) any fishing for such stocks.

(14) The term ''fishery resource'' means any fishery, any stock

of fish, any species of fish, and any habitat of fish.

(15) The term ''fishing'' means -

(A) the catching, taking, or harvesting of fish;

(B) the attempted catching, taking, or harvesting of fish;

(C) any other activity which can reasonably be expected to

result in the catching, taking, or harvesting of fish; or

(D) any operations at sea in support of, or in preparation

for, any activity described in subparagraphs (A) through (C).

Such term does not include any scientific research activity which

is conducted by a scientific research vessel.

(16) The term ''fishing community'' means a community which is

substantially dependent on or substantially engaged in the

harvest or processing of fishery resources to meet social and

economic needs, and includes fishing vessel owners, operators,

and crew and United States fish processors that are based in such

community.

(17) The term ''fishing vessel'' means any vessel, boat, ship,

or other craft which is used for, equipped to be used for, or of

a type which is normally used for -

(A) fishing; or

(B) aiding or assisting one or more vessels at sea in the

performance of any activity relating to fishing, including, but

not limited to, preparation, supply, storage, refrigeration,

transportation, or processing.

(18) The term ''foreign fishing'' means fishing by a vessel

other than a vessel of the United States.

(19) The term ''high seas'' means all waters beyond the

territorial sea of the United States and beyond any foreign

nation's territorial sea, to the extent that such sea is

recognized by the United States.

(20) The term ''highly migratory species'' means tuna species,

marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks,

sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius).

(21) The term ''individual fishing quota'' means a Federal

permit under a limited access system to harvest a quantity of

fish, expressed by a unit or units representing a percentage of

the total allowable catch of a fishery that may be received or

held for exclusive use by a person. Such term does not include

community development quotas as described in section 1855(i) of

this title.

(22) The term ''international fishery agreement'' means any

bilateral or multilateral treaty, convention, or agreement which

relates to fishing and to which the United States is a party.

(23) The term ''large-scale driftnet fishing'' means a method

of fishing in which a gillnet composed of a panel or panels of

webbing, or a series of such gillnets, with a total length of two

and one-half kilometers or more is placed in the water and

allowed to drift with the currents and winds for the purpose of

entangling fish in the webbing.

(24) (FOOTNOTE 1) The term ''Marine Fisheries Commission''

means the Atlantic States Marine Fisheries Commission, the Gulf

States Marine Fisheries Commission, or the Pacific States Marine

Fisheries Commission.

(FOOTNOTE 1) See Codification note below.

(25) The term ''migratory range'' means the maximum area at a

given time of the year within which fish of an anadromous species

or stock thereof can be expected to be found, as determined on

the basis of scale pattern analysis, tagging studies, or other

reliable scientific information, except that the term does not

include any part of such area which is in the waters of a foreign

nation.

(26) The term ''national standards'' means the national

standards for fishery conservation and management set forth in

section 1851 of this title.

(27) The term ''observer'' means any person required or

authorized to be carried on a vessel for conservation and

management purposes by regulations or permits under this chapter.

(28) The term ''optimum'', with respect to the yield from a

fishery, means the amount of fish which -

(A) will provide the greatest overall benefit to the Nation,

particularly with respect to food production and recreational

opportunities, and taking into account the protection of marine

ecosystems;

(B) is prescribed on the basis of the maximum sustainable

yield from the fishery, as reduced by any relevant social,

economic, or ecological factor; and

(C) in the case of an overfished fishery, provides for

rebuilding to a level consistent with producing the maximum

sustainable yield in such fishery.

(29) The terms ''overfishing'' and ''overfished'' mean a rate

or level of fishing mortality that jeopardizes the capacity of a

fishery to produce the maximum sustainable yield on a continuing

basis.

(30) The term ''Pacific Insular Area'' means American Samoa,

Guam, the Northern Mariana Islands, Baker Island, Howland Island,

Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Wake

Island, or Palmyra Atoll, as applicable, and includes all islands

and reefs appurtenant to such island, reef, or atoll.

(31) The term ''person'' means any individual (whether or not a

citizen or national of the United States), any corporation,

partnership, association, or other entity (whether or not

organized or existing under the laws of any State), and any

Federal, State, local, or foreign government or any entity of any

such government.

(32) The term ''recreational fishing'' means fishing for sport

or pleasure.

(33) The term ''regulatory discards'' means fish harvested in a

fishery which fishermen are required by regulation to discard

whenever caught, or are required by regulation to retain but not

sell.

(34) The term ''Secretary'' means the Secretary of Commerce or

his designee.

(35) The term ''State'' means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, American

Samoa, the Virgin Islands, Guam, and any other Commonwealth,

territory, or possession of the United States.

(36) (FOOTNOTE 1) The term ''special areas'' means the areas

referred to as eastern special areas in Article 3(1) of the

Agreement between the United States of America and the Union of

Soviet Socialist Republics on the Maritime Boundary, signed June

1, 1990. In particular, the term refers to those areas east of

the maritime boundary, as defined in that Agreement, that lie

within 200 nautical miles of the baselines from which the breadth

of the territorial sea of Russia is measured but beyond 200

nautical miles of the baselines from which the breadth of the

territorial sea of the United States is measured.

(37) The term ''stock of fish'' means a species, subspecies,

geographical grouping, or other category of fish capable of

management as a unit.

(38) The term ''treaty'' means any international fishery

agreement which is a treaty within the meaning of section 2 of

article II of the Constitution.

(39) The term ''tuna species'' means the following:

Albacore Tuna - Thunnus alalunga;

Bigeye Tuna - Thunnus obesus;

Bluefin Tuna - Thunnus thynnus;

Skipjack Tuna - Katsuwonus pelamis; and

Yellowfin Tuna - Thunnus albacares.

(40) The term ''United States'', when used in a geographical

context, means all the States thereof.

(41) The term ''United States fish processors'' means

facilities located within the United States for, and vessels of

the United States used or equipped for, the processing of fish

for commercial use or consumption.

(42) The term ''United States harvested fish'' means fish

caught, taken, or harvested by vessels of the United States

within any fishery regulated under this chapter.

(43) The term ''vessel of the United States'' means -

(A) any vessel documented under chapter 121 of title 46;

(B) any vessel numbered in accordance with chapter 123 of

title 46 and measuring less than 5 net tons;

(C) any vessel numbered in accordance with chapter 123 of

title 46 and used exclusively for pleasure; or

(D) any vessel not equipped with propulsion machinery of any

kind and used exclusively for pleasure.

(44) The term ''vessel subject to the jurisdiction of the

United States'' has the same meaning such term has in section

1903(c) of title 46, Appendix.

(45) The term ''waters of a foreign nation'' means any part of

the territorial sea or exclusive economic zone (or the

equivalent) of a foreign nation, to the extent such territorial

sea or exclusive economic zone is recognized by the United

States.

-SOURCE-

(Pub. L. 94-265, Sec. 3, Apr. 13, 1976, 90 Stat. 333; Pub. L.

95-354, Sec. 3, Aug. 28, 1978, 92 Stat. 519; Pub. L. 97-453, Sec.

15(a), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 99-659, title I, Sec.

101(a), 112, Nov. 14, 1986, 100 Stat. 3706, 3715; Pub. L. 100-239,

Sec. 2, Jan. 11, 1988, 101 Stat. 1778; Pub. L. 101-627, title I,

Sec. 102(a), title X, Sec. 1001(c), Nov. 28, 1990, 104 Stat. 4438,

4468; Pub. L. 102-251, title III, Sec. 301(b), Mar. 9, 1992, 106

Stat. 62; Pub. L. 104-297, title I, Sec. 102, Oct. 11, 1996, 110

Stat. 3561.)

-REFTEXT-

REFERENCES IN TEXT

Proclamation Numbered 5030, referred to in par. (11), is set out

under section 1453 of this title.

-COD-

CODIFICATION

Pub. L. 102-251, Sec. 301(b), which directed amendment of this

section by adding a new par. (24) reading ''(24) The term 'special

areas' means the areas referred to as eastern special areas in

Article 3(1) of the Agreement between the United States of America

and the Union of Soviet Socialist Republics on the Maritime

Boundary, signed June 1, 1990; in particular, the term refers to

those areas east of the maritime boundary, as defined in that

Agreement, that lie within 200 nautical miles of the baselines from

which the breadth of the territorial sea of Russia is measured but

beyond 200 nautical miles of the baselines from which the breadth

of the territorial sea of the United States is measured.'' and

redesignating former pars. (24) to (32) as (25) to (33),

respectively, was not executed, to reflect the probable intent of

Congress, because the amendments were inconsistent with the

amendments by Pub. L. 104-297 which added par. (36) which is

substantially identical to the par. (24) added by Pub. L. 102-251,

made successive redesignations of pars. (2) to (44), and added and

amended various other pars. See 1996 Amendment notes below.

-MISC3-

AMENDMENTS

1996 - Pars. (2) to (6). Pub. L. 104-297, Sec. 102(1), added

pars. (2) to (4) and redesignated former pars. (2) and (3) as (5)

and (6), respectively. Former pars. (4) to (6) redesignated (7) to

(9), respectively.

Par. (7). Pub. L. 104-297, Sec. 102(2)(B), substituted ''Deep-sea

Red Crab - Chaceon quinquedens'' for ''Deep-sea Red Crab - Geryon

quinquedens'' in list under heading ''Crustacea''.

Pub. L. 104-297, Sec. 102(2)(A), which directed substitution of

''Cnidaria'' for ''Coelenterata'' in heading of list of corals, was

executed by making the substitution for ''Colenterata'' in that

heading to reflect the probable intent of Congress.

Pub. L. 104-297, Sec. 102(1), redesignated par. (4) as (7).

Former par. (7) redesignated (10).

Par. (8). Pub. L. 104-297, Sec. 102(1), redesignated par. (5) as

(8). Former par. (8) redesignated (11).

Par. (9). Pub. L. 104-297, Sec. 102(3), added par. (9). Former

par. (9) redesignated (11).

Pub. L. 104-297, Sec. 102(1), redesignated par. (6) as (9).

Former par. (9) redesignated (12).

Par. (10). Pub. L. 104-297, Sec. 102(3), added par. (10). Former

par. (10) redesignated (12).

Pub. L. 104-297, Sec. 102(1), redesignated par. (7) as (10).

Former par. (10) redesignated (13).

Pars. (11) to (15). Pub. L. 104-297, Sec. 102(3), redesignated

pars. (9) to (13) as (11) to (15), respectively. Former pars. (14)

and (15) redesignated (16) and (17), respectively.

Pub. L. 104-297, Sec. 102(1), redesignated pars. (8) to (12) as

(11) to (15), respectively. Former pars. (13) to (15) redesignated

(16) to (18), respectively.

Par. (16). Pub. L. 104-297, Sec. 102(4), added par. (16). Former

par. (16) redesignated (17).

Pub. L. 104-297, Sec. 102(3), redesignated par. (14) as (16).

Former par. (16) redesignated (18).

Pub. L. 104-297, Sec. 102(1), redesignated par. (13) as (16).

Former par. (16) redesignated (19).

Pars. (17) to (20). Pub. L. 104-297, Sec. 102(4), redesignated

pars. (16) to (19) as (17) to (20), respectively. Former par. (20)

redesignated (21).

Pub. L. 104-297, Sec. 102(3), redesignated pars. (15) to (18) as

(17) to (20), respectively. Former pars. (19) and (20)

redesignated (21) and (22), respectively.

Pub. L. 104-297, Sec. 102(1), redesignated pars. (14) to (17) as

(17) to (20), respectively. Former pars. (18) to (20) redesignated

(21) to (23), respectively.

Par. (21). Pub. L. 104-297, Sec. 102(5), added par. (21). Former

par. (21) redesignated (22).

Pub. L. 104-297, Sec. 102(4), redesignated par. (20) as (21).

Former par. (21) redesignated (22).

Pub. L. 104-297, Sec. 102(3), redesignated par. (19) as (21).

Former par. (21) redesignated (23).

Pub. L. 104-297, Sec. 102(1), redesignated par. (18) as (21).

Former par. (21) redesignated (24).

Par. (22). Pub. L. 104-297, Sec. 102(5), redesignated par. (21)

as (22). Former par. (22) redesignated (23).

Pub. L. 104-297, Sec. 102(4), redesignated par. (21) as (22).

Former par. (22) redesignated (23).

Pub. L. 104-297, Sec. 102(3), redesignated par. (20) as (22).

Former par. (22) redesignated (24).

Pub. L. 104-297, Sec. 102(1), redesignated par. (19) as (22).

Former par. (22) redesignated (25).

Par. (23). Pub. L. 104-297, Sec. 102(6), substituted ''of two and

one-half kilometers'' for ''of one and one-half miles''.

Pub. L. 104-297, Sec. 102(5), redesignated par. (22) as (23).

Former par. (23) redesignated (24).

Pub. L. 104-297, Sec. 102(4), redesignated par. (22) as (23).

Former par. (23) redesignated (24).

Pub. L. 104-297, Sec. 102(3), redesignated par. (21) as (23).

Former par. (23) redesignated (25).

Pub. L. 104-297, Sec. 102(1), redesignated par. (20) as (23).

Former par. (23) redesignated (26).

Pars. (24) to (27). Pub. L. 104-297, Sec. 102(5), redesignated

pars. (23) to (26) as (24) to (27), respectively. Former par. (27)

redesignated (28).

Pub. L. 104-297, Sec. 102(4), redesignated pars. (23) to (26) as

(24) to (27), respectively. Former par. (27) redesignated (28).

Pub. L. 104-297, Sec. 102(3), redesignated pars. (22) to (25) as

(24) to (27), respectively. Former pars. (26) and (27)

redesignated (28) and (29), respectively.

Pub. L. 104-297, Sec. 102(1), redesignated pars. (21) to (24) as

(24) to (27), respectively. Former pars. (25) to (27) redesignated

(28) to (30), respectively.

Par. (28). Pub. L. 104-297, Sec. 102(7), added par. (28) and

struck out former par. (28) which read as follows: ''The term

'optimum', with respect to the yield from a fishery, means the

amount of fish -

''(A) which will provide the greatest overall benefit to the

Nation, with particular reference to food production and

recreational opportunities; and

''(B) which is prescribed as such on the basis of the maximum

sustainable yield from such fishery, as modified by any relevant

economic, social, or ecological factor.''

Pub. L. 104-297, Sec. 102(5), redesignated par. (27) as (28).

Former par. (28) redesignated (29).

Pub. L. 104-297, Sec. 102(4), redesignated par. (27) as (28).

Former par. (28) redesignated (29).

Pub. L. 104-297, Sec. 102(3), redesignated par. (26) as (28).

Former par. (28) redesignated (30).

Pub. L. 104-297, Sec. 102(1), redesignated par. (25) as (28).

Former par. (28) redesignated (31).

Pars. (29), (30). Pub. L. 104-297, Sec. 102(8), added pars. (29)

and (30). Former pars. (29) and (30) redesignated (31) and (32),

respectively.

Pub. L. 104-297, Sec. 102(5), redesignated pars. (28) and (29) as

(29) and (30), respectively. Former par. (30) redesignated (31).

Pub. L. 104-297, Sec. 102(4), redesignated pars. (28) and (29) as

(29) and (30), respectively. Former par. (30) redesignated (31).

Pub. L. 104-297, Sec. 102(3), redesignated pars. (27) and (28) as

(29) and (30), respectively. Former pars. (29) and (30)

redesignated (31) and (32), respectively.

Pub. L. 104-297, Sec. 102(1), redesignated pars. (26) and (27) as

(29) and (30), respectively. Former pars. (29) and (30)

redesignated (32) and (33), respectively.

Par. (31). Pub. L. 104-297, Sec. 102(8), redesignated par. (29)

as (31). Former par. (31) redesignated (33).

Pub. L. 104-297, Sec. 102(5), redesignated par. (30) as (31).

Former par. (31) redesignated (32).

Pub. L. 104-297, Sec. 102(4), redesignated par. (30) as (31).

Former par. (31) redesignated (32).

Pub. L. 104-297, Sec. 102(3), redesignated par. (29) as (31).

Former par. (31) redesignated (33).

Pub. L. 104-297, Sec. 102(1), redesignated par. (28) as (31).

Former par. (31) redesignated (34).

Pars. (32), (33). Pub. L. 104-297, Sec. 102(9), added pars. (32)

and (33). Former pars. (32) and (33) redesignated (34) and (35),

respectively.

Pub. L. 104-297, Sec. 102(8), redesignated pars. (30) and (31) as

(32) and (33), respectively. Former pars. (32) and (33)

redesignated (34) and (35), respectively.

Pub. L. 104-297, Sec. 102(5), redesignated pars. (31) and (32) as

(32) and (33), respectively. Former par. (33) redesignated (34).

Pub. L. 104-297, Sec. 102(4), redesignated pars. (31) and (32) as

(32) and (33), respectively. Former par. (33) redesignated (34).

Pub. L. 104-297, Sec. 102(3), redesignated pars. (30) and (31) as

(32) and (33), respectively. Former pars. (32) and (33)

redesignated (34) and (35), respectively.

Pub. L. 104-297, Sec. 102(1), redesignated pars. (29) and (30) as

(32) and (33), respectively. Former par. (32) redesignated (35).

Pars. (34), (35). Pub. L. 104-297, Sec. 102(9), redesignated

pars. (32) and (33) as (34) and (35), respectively. Former pars.

(34) and (35) redesignated (36) and (37), respectively.

Pub. L. 104-297, Sec. 102(8), redesignated pars. (32) and (33) as

(34) and (35), respectively. Former pars. (34) and (35)

redesignated (36) and (37), respectively.

Pub. L. 104-297, Sec. 102(5), redesignated pars. (33) and (34) as

(34) and (35), respectively. Former par. (35) redesignated (36).

Pub. L. 104-297, Sec. 102(4), redesignated pars. (33) and (34) as

(34) and (35), respectively. Former par. (35) redesignated (36).

Pub. L. 104-297, Sec. 102(3), redesignated pars. (32) and (33) as

(34) and (35), respectively. Former pars. (34) and (35)

redesignated (36) and (37), respectively.

Pub. L. 104-297, Sec. 102(1), redesignated pars. (31) and (32) as

(34) and (35), respectively.

Par. (36). Pub. L. 104-297, Sec. 102(10), added par. (36). Former

par. (36) redesignated (37).

Pub. L. 104-297, Sec. 102(9), redesignated par. (34) as (36).

Former par. (36) redesignated (38).

Pub. L. 104-297, Sec. 102(8), redesignated par. (34) as (36).

Former par. (36) redesignated (38).

Pub. L. 104-297, Sec. 102(5), redesignated par. (35) as (36).

Former par. (36) redesignated (37).

Pub. L. 104-297, Sec. 102(4), redesignated par. (35) as (36).

Former par. (36) redesignated (37).

Pub. L. 104-297, Sec. 102(3), redesignated par. (34) as (36).

Par. (37). Pub. L. 104-297, Sec. 102(10), redesignated par. (36)

as (37). Former par. (37) redesignated (38).

Pub. L. 104-297, Sec. 102(9), redesignated par. (35) as (37).

Former par. (37) redesignated (39).

Pub. L. 104-297, Sec. 102(8), redesignated par. (35) as (37).

Former par. (37) redesignated (39).

Pub. L. 104-297, Sec. 102(5), redesignated par. (36) as (37).

Former par. (37) redesignated (38).

Pub. L. 104-297, Sec. 102(4), redesignated par. (36) as (37).

Former par. (37) redesignated (38).

Pub. L. 104-297, Sec. 102(3), redesignated par. (35) as (37).

Par. (38). Pub. L. 104-297, Sec. 102(10), redesignated par. (37)

as (38). Former par. (38) redesignated (39).

Pub. L. 104-297, Sec. 102(9), redesignated par. (36) as (38).

Former par. (38) redesignated (40).

Pub. L. 104-297, Sec. 102(8), redesignated par. (36) as (38).

Former par. (38) redesignated (40).

Pub. L. 104-297, Sec. 102(5), redesignated par. (37) as (38).

Former par. (38) redesignated (39).

Pub. L. 104-297, Sec. 102(4), redesignated par. (37) as (38).

Par. (39). Pub. L. 104-297, Sec. 102(10), redesignated par. (38)

as (39). Former par. (39) redesignated (40).

Pub. L. 104-297, Sec. 102(9), redesignated par. (37) as (39).

Former par. (39) redesignated (41).

Pub. L. 104-297, Sec. 102(8), redesignated par. (37) as (39).

Former par. (39) redesignated (41).

Pub. L. 104-297, Sec. 102(5), redesignated par. (38) as (39).

Pars. (40), (41). Pub. L. 104-297, Sec. 102(10), redesignated

pars. (39) and (40) as (40) and (41), respectively. Former par.

(41) redesignated (42).

Pub. L. 104-297, Sec. 102(9), redesignated pars. (38) and (39) as

(40) and (41), respectively. Former pars. (40) and (41)

redesignated (42) and (43), respectively.

Pub. L. 104-297, Sec. 102(8), redesignated pars. (38) and (39) as

(40) and (41), respectively.

Par. (42). Pub. L. 104-297, Sec. 102(11), which directed the

substitution of ''regulated under this chapter'' for ''for which a

fishery management plan prepared under subchapter IV of this

chapter or a preliminary fishery management plan prepared under

section 1821(g) of this title has been implemented'', was executed

by making substitution for language which referred to ''section

1821(h)'', notwithstanding directory language directing

substitution for language which referred to ''section 1821(g)'' to

reflect the probable intent of Congress.

Pub. L. 104-297, Sec. 102(10), redesignated par. (41) as (42).

Former par. (42) redesignated (43).

Pub. L. 104-297, Sec. 102(9), redesignated par. (40) as (42).

Par. (43). Pub. L. 104-297, Sec. 102(10), redesignated par. (42)

as (43). Former par. (43) redesignated (44).

Pub. L. 104-297, Sec. 102(9), redesignated par. (41) as (43).

Par. (44). Pub. L. 104-297, Sec. 102(12), added par. (44). Former

par. (44) redesignated (45).

Pub. L. 104-297, Sec. 102(10), redesignated par. (43) as (44).

Par. (45). Pub. L. 104-297, Sec. 102(12), redesignated par. (44)

as (45).

1990 - Par. (7). Pub. L. 101-627, Sec. 102(a)(2), substituted

''and birds'' for '', birds, and highly migratory species''.

Par. (14). Pub. L. 101-627, Sec. 102(a)(3), amended par. (14)

generally. Prior to amendment, par. (14) read as follows: ''The

term 'highly migratory species' means species of tuna which, in the

course of their life cycle, spawn and migrate over great distances

in waters of the ocean.''

Par. (16). Pub. L. 101-627, Sec. 102(a)(4), added par. (16).

Former par. (16) redesignated (17).

Par. (17). Pub. L. 101-627, Sec. 102(a)(1), redesignated par.

(16) as (17). Former par. (17) redesignated (19).

Par. (18). Pub. L. 101-627, Sec. 102(a)(5), added par. (18).

Former par. (18) redesignated (21).

Par. (19). Pub. L. 101-627, Sec. 102(a)(1), redesignated par.

(17) as (19). Former par. (19) redesignated (22).

Par. (20). Pub. L. 101-627, Sec. 102(a)(6), added par. (20).

Former par. (20) redesignated (23).

Pars. (21) to (26). Pub. L. 101-627, Sec. 102(a)(1), redesignated

pars. (18) to (23) as (21) to (26), respectively. Former pars.

(24) to (26) redesignated (28) to (30), respectively.

Par. (27). Pub. L. 101-627, Sec. 102(a)(7), added par. (27).

Former par. (27) redesignated (31).

Pars. (28) to (31). Pub. L. 101-627, Sec. 102(a)(1), redesignated

pars. (24) to (27) as (28) to (31), respectively.

Par. (32). Pub. L. 101-627, Sec. 102(a)(8), added par. (32).

1988 - Par. (27). Pub. L. 100-239 amended par. (27) generally.

Prior to amendment, par. (27) read as follows: ''The term 'vessel

of the United States' means -

''(A) any vessel documented under the laws of the United

States;

''(B) any vessel numbered in accordance with the Federal Boat

Safety Act of 1971 and measuring less than 5 net tons; or

''(C) any vessel numbered under the Federal Boat Safety Act of

1971 and used exclusively for pleasure.''

1986 - Par. (4). Pub. L. 99-659, Sec. 112, in provisions under

heading ''Mollusks'' substituted ''Arctica islandica'' for ''Artica

islandica'' and under heading ''Sponges'' substituted ''Spongia

cheiris'' for ''Hippiospongia canaliculata''.

Pars. (6) to (8). Pub. L. 99-659, Sec. 101(a), added par. (6),

redesignated former pars. (6) and (7) as (7) and (8), respectively,

and struck out former par. (8) which defined ''fishery conservation

zone'' as the fishery conservation zone established by section 1811

of this title.

1983 - Par. (27). Pub. L. 97-453 designated existing provisions

as subpar. (A), struck out ''or registered under the laws of any

State'' after ''United States'', and added subpars. (B) and (C).

1978 - Pars. (25) to (27). Pub. L. 95-354 added pars. (25) and

(26) and redesignated former par. (25) as (27).

-CHANGE-

CHANGE OF NAME

''Pacific States Marine Fisheries Commission'' substituted for

''Pacific Marine Fisheries Commission'' in par. (24) pursuant to

section 1001(c) of Pub. L. 101-627, set out below.

-MISC4-

EFFECTIVE DATE OF 1992 AMENDMENT

Section 405(a) of Pub. L. 104-297 provided that:

''Notwithstanding section 308 of the Act entitled 'An Act to

provide for the designation of the Flower Garden Banks National

Marine Sanctuary', approved March 9, 1992 (Public Law 102-251; 106

Stat. 66) (set out as a note under section 773 of this title)

hereinafter referred to as the 'FGB Act', section 301(b) of that

Act (amending this section, see Codification note above) (adding a

definition of the term 'special areas') shall take effect on the

date of enactment of this Act (Oct. 11, 1996).''

REDESIGNATION OF PACIFIC MARINE FISHERIES COMMISSION AS PACIFIC

STATES MARINE FISHERIES COMMISSION

Section 1001 of Pub. L. 101-627 provided that:

''(a) In General. - The Congress consents to and approves of the

amendments described in subsection (b) to the interstate compact

which constituted the Pacific Marine Fisheries Commission, approved

by the Act of July 24, 1947 (61 Stat. 419; hereinafter in this

section referred to as the 'compact').

''(b) Amendment Described. - The amendments referred to in

subsection (a) are the amendments approved and ratified before the

effective date of this section (Nov. 28, 1990) by the contracting

States to the compact, which -

''(1) amend Article III of the compact to redesignate the

Pacific Marine Fisheries Commission as the 'Pacific States Marine

Fisheries Commission'; and

''(2) make such other amendments to the compact as are

necessary solely to conform the text of the compact to the

amendment described in paragraph (1).

''(c) References. - Any reference in a law, map, regulation,

document, paper, or other record of the United States to the

Pacific Marine Fisheries Commission constituted by the compact is

deemed to be a reference to the 'Pacific States Marine Fisheries

Commission'.''

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 917a, 971, 971d, 1371,

1383a, 1387, 1854, 3377, 3601, 5152 of this title; title 22

sections 1971, 1980; title 46 sections 8103, 8704, 12122; title 46

App. section 1271; title 48 section 1904.

-CITE-

16 USC Sec. 1803 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1803. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary for the

purposes of carrying out the provisions of this chapter, not to

exceed the following sums:

(1) $147,000,000 for fiscal year 1996;

(2) $151,000,000 for fiscal year 1997;

(3) $155,000,000 for fiscal year 1998; and

(4) $159,000,000 for fiscal year 1999.

-SOURCE-

(Pub. L. 94-265, Sec. 4, as added Pub. L. 104-297, title I, Sec.

103, Oct. 11, 1996, 110 Stat. 3563.)

-CITE-

16 USC SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY

REGARDING FISH AND FISHERY RESOURCES 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH

AND FISHERY RESOURCES

.

-HEAD-

SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH

AND FISHERY RESOURCES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 22 section 1972.

-CITE-

16 USC Sec. 1811 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH

AND FISHERY RESOURCES

-HEAD-

Sec. 1811. United States sovereign rights to fish and fishery

management authority

-STATUTE-

(a) In the exclusive economic zone

Except as provided in section 1812 of this title, the United

States claims, and will exercise in the manner provided for in this

chapter, sovereign rights and exclusive fishery management

authority over all fish, and all Continental Shelf fishery

resources, within the exclusive economic zone.

(b) Beyond the exclusive economic zone

The United States claims, and will exercise in the manner

provided for in this chapter, exclusive fishery management

authority over the following:

(1) All anadromous species throughout the migratory range of

each such species beyond the exclusive economic zone; except that

that management authority does not extend to such species during

the time they are found within any waters of a foreign nation.

(2) All Continental Shelf fishery resources beyond the

exclusive economic zone.

-SOURCE-

(Pub. L. 94-265, title I, Sec. 101, Apr. 13, 1976, 90 Stat. 336;

Pub. L. 99-659, title I, Sec. 101(b), Nov. 14, 1986, 100 Stat.

3706; Pub. L. 101-627, title I, Sec. 102(b), Nov. 28, 1990, 104

Stat. 4438; Pub. L. 102-251, title III, Sec. 301(c), Mar. 9, 1992,

106 Stat. 62.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 102-251, title III, Sec. 301(c), 308, Mar. 9, 1992, 106

Stat. 62, 66, provided that, effective on the date on which the

Agreement between the United States and the Union of Soviet

Socialist Republics on the Maritime Boundary, signed June 1,

1990, enters into force for the United States, with authority to

prescribe implementing regulations effective Mar. 9, 1992, but

with no such regulation to be effective until the date on which

the Agreement enters into force for the United States, subsection

(a) is amended by inserting ''and special areas'' before the

period at the end and subsection (b) is amended by inserting

after paragraph (2) the following new paragraph:

(3) All fishery resources in the special areas.

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as

amended, 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.

-MISC2-

AMENDMENTS

1990 - Subsec. (b)(1). Pub. L. 101-627 substituted ''any waters

of a foreign nation'' for ''any foreign nation's territorial sea or

exclusive economic zone (or the equivalent), to the extent that

that sea or zone is recognized by the United States''.

1986 - Pub. L. 99-659 amended section generally. Prior to

amendment, section read as follows: ''There is established a zone

contiguous to the territorial sea of the United States to be known

as the fishery conservation zone. The inner boundary of the

fishery conservation zone is a line coterminous with the seaward

boundary of each of the coastal States, and the outer boundary of

such zone is a line drawn in such a manner that each point on it is

200 nautical miles from the baseline from which the territorial sea

is measured.''

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement

between United States and Union of Soviet Socialist Republics on

the Maritime Boundary, signed June 1, 1990, enters into force for

United States, with authority to prescribe implementing regulations

effective Mar. 9, 1992, but with no such regulation to be effective

until date on which Agreement enters into force for United States,

see section 308 of Pub. L. 102-251, set out as a note under section

773 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 773, 1827 of this title.

-CITE-

16 USC Sec. 1812 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH

AND FISHERY RESOURCES

-HEAD-

Sec. 1812. Highly migratory species

-STATUTE-

The United States shall cooperate directly or through appropriate

international organizations with those nations involved in

fisheries for highly migratory species with a view to ensuring

conservation and shall promote the achievement of optimum yield of

such species throughout their range, both within and beyond the

exclusive economic zone.

-SOURCE-

(Pub. L. 94-265, title I, Sec. 102, Apr. 13, 1976, 90 Stat. 336;

Pub. L. 99-659, title I, Sec. 101(b), Nov. 14, 1986, 100 Stat.

3707; Pub. L. 101-627, title I, Sec. 103(a), Nov. 28, 1990, 104

Stat. 4439; Pub. L. 104-297, title I, Sec. 104, Oct. 11, 1996, 110

Stat. 3563.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-297 substituted ''shall promote the

achievement of optimum yield'' for ''promoting the objective of

optimum utilization''.

1990 - Pub. L. 101-627 amended section generally. Prior to

amendment, section read as follows: ''The sovereign rights and

exclusive fishery management authority asserted by the United

States under section 1811 of this title over fish do not include,

and may not be construed to extend to, highly migratory species of

fish.''

1986 - Pub. L. 99-659 amended section generally. Prior to

amendment, section read as follows: ''The United States shall

exercise exclusive fishery management authority, in the manner

provided for in this chapter, over the following:

''(1) All fish within the fishery conservation zone.

''(2) All anadromous species throughout the migratory range of

each such species beyond the fishery conservation zone; except

that such management authority shall not extend to such species

during the time they are found within any foreign nation's

territorial sea or fishery conservation zone (or the equivalent),

to the extent that such sea or zone is recognized by the United

States.

''(3) All Continental Shelf fishery resources beyond the

fishery conservation zone.''

EFFECTIVE DATE OF 1990 AMENDMENT

Section 103(c) of Pub. L. 101-627 provided that: ''The amendments

made by this section (amending this section) shall take effect on

January 1, 1992.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1811 of this title.

-CITE-

16 USC Sec. 1813 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH

AND FISHERY RESOURCES

-HEAD-

Sec. 1813. Omitted

-COD-

CODIFICATION

Section, Pub. L. 94-265, title I, Sec. 103, Apr. 13, 1976, 90

Stat. 336, which related to exclusion of highly migratory species

of fish from exclusive fishery management authority, was omitted in

the general revision of this subchapter by section 101(b) of Pub.

L. 99-659. See section 1812 of this title.

-CITE-

16 USC SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL

FISHERY AGREEMENTS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

.

-HEAD-

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-CITE-

16 USC Sec. 1821 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1821. Foreign fishing

-STATUTE-

(a) In general

After February 28, 1977, no foreign fishing is authorized within

the exclusive economic zone, or for anadromous species or

Continental Shelf fishery resources beyond the exclusive economic

zone, unless such foreign fishing -

(1) is authorized under subsections (b) or (c) of this section

or section 1824(e) of this title, or under a permit issued under

section 1824(d) of this title;

(2) is not prohibited under subsection (f) of this section; and

(3) is conducted under, and in accordance with, a valid and

applicable permit issued pursuant to section 1824 of this title.

(b) Existing international fishery agreements

Foreign fishing described in subsection (a) of this section may

be conducted pursuant to an international fishery agreement

(subject to the provisions of section 1822(b) or (c) of this

title), if such agreement -

(1) was in effect on April 13, 1976; and

(2) has not expired, been renegotiated, or otherwise ceased to

be of force and effect with respect to the United States.

(c) Governing international fishery agreements

Foreign fishing described in subsection (a) of this section may

be conducted pursuant to an international fishery agreement (other

than a treaty) which meets the requirements of this subsection if

such agreement becomes effective after application of section 1823

of this title. Any such international fishery agreement shall

hereafter in this chapter be referred to as a ''governing

international fishery agreement''. Each governing international

fishery agreement shall acknowledge the exclusive fishery

management authority of the United States, as set forth in this

chapter. It is the sense of the Congress that each such agreement

shall include a binding commitment, on the part of such foreign

nation and its fishing vessels, to comply with the following terms

and conditions:

(1) The foreign nation, and the owner or operator of any

fishing vessel fishing pursuant to such agreement, will abide by

all regulations promulgated by the Secretary pursuant to this

chapter, including any regulations promulgated to implement any

applicable fishery management plan or any preliminary fishery

management plan.

(2) The foreign nation, and the owner or operator of any

fishing vessel fishing pursuant to such agreement, will abide by

the requirement that -

(A) any officer authorized to enforce the provisions of this

chapter (as provided for in section 1861 of this title) be

permitted -

(i) to board, and search or inspect, any such vessel at any

time,

(ii) to make arrests and seizures provided for in section

1861(b) of this title whenever such officer has reasonable

cause to believe, as a result of such a search or inspection,

that any such vessel or any person has committed an act

prohibited by section 1857 of this title, and

(iii) to examine and make notations on the permit issued

pursuant to section 1824 of this title for such vessel;

(B) the permit issued for any such vessel pursuant to section

1824 of this title be prominently displayed in the wheelhouse

of such vessel;

(C) transponders, or such other appropriate position-fixing

and identification equipment as the Secretary of the department

in which the Coast Guard is operating determines to be

appropriate, be installed and maintained in working order on

each such vessel;

(D) United States observers required under subsection (h) of

this section be permitted to be stationed aboard any such

vessel and that all of the costs incurred incident to such

stationing, including the costs of data editing and entry and

observer monitoring, be paid for, in accordance with such

subsection, by the owner or operator of the vessel;

(E) any fees required under section 1824(b)(10) of this title

be paid in advance;

(F) agents be appointed and maintained within the United

States who are authorized to receive and respond to any legal

process issued in the United States with respect to such owner

or operator; and

(G) responsibility be assumed, in accordance with any

requirements prescribed by the Secretary, for the reimbursement

of United States citizens for any loss of, or damage to, their

fishing vessels, fishing gear, or catch which is caused by any

fishing vessel of that nation;

and will abide by any other monitoring, compliance, or

enforcement requirement related to fishery conservation and

management which is included in such agreement.

(3) The foreign nation and the owners or operators of all of

the fishing vessels of such nation shall not, in any year,

harvest an amount of fish which exceeds such nation's allocation

of the total allowable level of foreign fishing, as determined

under subsection (e) of this section.

(4) The foreign nation will -

(A) apply, pursuant to section 1824 of this title, for any

required permits;

(B) deliver promptly to the owner or operator of the

appropriate fishing vessel any permit which is issued under

that section for such vessel;

(C) abide by, and take appropriate steps under its own laws

to assure that all such owners and operators comply with,

section 1824(a) of this title and the applicable conditions and

restrictions established under section 1824(b)(7) of this

title; and

(D) take, or refrain from taking, as appropriate, actions of

the kind referred to in subsection (e)(1) of this section in

order to receive favorable allocations under such subsection.

(d) Total allowable level of foreign fishing

The total allowable level of foreign fishing, if any, with

respect to any fishery subject to the exclusive fishery management

authority of the United States, shall be that portion of the

optimum yield of such fishery which will not be harvested by

vessels of the United States, as determined in accordance with this

chapter.

(e) Allocation of allowable level

(1)(A) The Secretary of State, in cooperation with the Secretary,

may make allocations to foreign nations from the total allowable

level of foreign fishing which is permitted with respect to each

fishery subject to the exclusive fishery management authority of

the United States.

(B) From the determinations made under subparagraph (A), the

Secretary of State shall compute the aggregate of all of the

fishery allocations made to each foreign nation.

(C) The Secretary of State shall initially release to each

foreign nation for harvesting up to 50 percent of the allocations

aggregate computed for such nation under subparagraph (B), and such

release of allocation shall be apportioned by the Secretary of

State, in cooperation with the Secretary, among the individual

fishery allocations determined for that nation under subparagraph

(A). The basis on which each apportionment is made under this

subparagraph shall be stated in writing by the Secretary of State.

(D) After the initial release of fishery allocations under

subparagraph (C) to a foreign nation, any subsequent release of an

allocation for any fishery to such nation shall only be made -

(i) after the lapse of such period of time as may be sufficient

for purposes of making the determination required under clause

(ii); and

(ii) if the Secretary of State and the Secretary, after taking

into account the size of the allocation for such fishery and the

length and timing of the fishing season, determine in writing

that such nation is complying with the purposes and intent of

this paragraph with respect to such fishery.

If the foreign nation is not determined under clause (ii) to be in

such compliance, the Secretary of State shall reduce, in a manner

and quantity he considers to be appropriate (I) the remainder of

such allocation, or (II) if all of such allocation has been

released, the next allocation of such fishery, if any, made to such

nation.

(E) The determinations required to be made under subparagraphs

(A) and (D)(ii), and the apportionments required to be made under

subparagraph (C), with respect to a foreign nation shall be based

on -

(i) whether, and to what extent, such nation imposes tariff

barriers or nontariff barriers on the importation, or otherwise

restricts the market access, of both United States fish and

fishery products, particularly fish and fishery products for

which the foreign nation has requested an allocation;

(ii) whether, and to what extent, such nation is cooperating

with the United States in both the advancement of existing and

new opportunities for fisheries exports from the United States

through the purchase of fishery products from United States

processors, and the advancement of fisheries trade through the

purchase of fish and fishery products from United States

fishermen, particularly fish and fishery products for which the

foreign nation has requested an allocation;

(iii) whether, and to what extent, such nation and the fishing

fleets of such nation have cooperated with the United States in

the enforcement of United States fishing regulations;

(iv) whether, and to what extent, such nation requires the fish

harvested from the exclusive economic zone for its domestic

consumption;

(v) whether, and to what extent, such nation otherwise

contributes to, or fosters the growth of, a sound and economic

United States fishing industry, including minimizing gear

conflicts with fishing operations of United States fishermen, and

transferring harvesting or processing technology which will

benefit the United States fishing industry;

(vi) whether, and to what extent, the fishing vessels of such

nation have traditionally engaged in fishing in such fishery;

(vii) whether, and to what extent, such nation is cooperating

with the United States in, and making substantial contributions

to, fishery research and the identification of fishery resources;

and

(viii) such other matters as the Secretary of State, in

cooperation with the Secretary, deems appropriate.

(2)(A) For the purposes of this paragraph -

(i) The term ''certification'' means a certification made by

the Secretary that nationals of a foreign country, directly or

indirectly, are conducting fishing operations or engaging in

trade or taking which diminishes the effectiveness of the

International Convention for the Regulation of Whaling. A

certification under this section shall also be deemed a

certification for the purposes of section 1978(a) of title 22.

(ii) The term ''remedial period'' means the 365-day period

beginning on the date on which a certification is issued with

respect to a foreign country.

(B) If the Secretary issues a certification with respect to any

foreign country, then each allocation under paragraph (1) that -

(i) is in effect for that foreign country on the date of

issuance; or

(ii) is not in effect on such date but would, without regard to

this paragraph, be made to the foreign country within the

remedial period;

shall be reduced by the Secretary of State, in consultation with

the Secretary, by not less than 50 percent.

(C) The following apply for purposes of administering

subparagraph (B) with respect to any foreign country:

(i) If on the date of certification, the foreign country has

harvested a portion, but not all, of the quantity of fish

specified under any allocation, the reduction under subparagraph

(B) for that allocation shall be applied with respect to the

quantity not harvested as of such date.

(ii) If the Secretary notified the Secretary of State that it

is not likely that the certification of the foreign country will

be terminated under section 1978(d) of title 22 before the close

of the period for which an allocation is applicable or before the

close of the remedial period (whichever close first occurs) the

Secretary of State, in consultation with the Secretary, shall

reallocate any portion of any reduction made under subparagraph

(B) among one or more foreign countries for which no

certification is in effect.

(iii) If the certification is terminated under such section

1978(d) of title 22 during the remedial period, the Secretary of

State shall return to the foreign country that portion of any

allocation reduced under subparagraph (B) that was not

reallocated under clause (ii); unless the harvesting of the fish

covered by the allocation is otherwise prohibited under this

chapter.

(iv) The Secretary may refund or credit, by reason of reduction

of any allocation under this paragraph, any fee paid under

section 1824 of this title.

(D) If the certification of a foreign country is not terminated

under section 1978(d) of title 22 before the close of the last day

of the remedial period, the Secretary of State -

(i) with respect to any allocation made to that country and in

effect (as reduced under subparagraph (B)) on such last day,

shall rescind, effective on and after the day after such last

day, any unharvested portion of such allocation; and

(ii) may not thereafter make any allocation to that country

under paragraph (1) until the certification is terminated.

(f) Reciprocity

Foreign fishing shall not be authorized for the fishing vessels

of any foreign nation unless such nation satisfies the Secretary

and the Secretary of State that such nation extends substantially

the same fishing privileges to fishing vessels of the United

States, if any, as the United States extends to foreign fishing

vessels.

(g) Preliminary fishery management plans

The Secretary, when notified by the Secretary of State that any

foreign nation has submitted an application under section 1824(b)

of this title shall prepare a preliminary fishery management plan

for any fishery covered by such application if the Secretary

determines that no fishery management plan for that fishery will be

prepared and implemented, pursuant to subchapter IV of this

chapter, before March 1, 1977. To the extent practicable, each such

plan -

(1) shall contain a preliminary description of the fishery and

a preliminary determination as to -

(A) the optimum yield from such fishery;

(B) when appropriate, the capacity and extent to which United

States fish processors will process that portion of such

optimum yield that will be harvested by vessels of the United

States; and

(C) the total allowable level of foreign fishing with respect

to such fishery;

(2) shall require each foreign fishing vessel engaged or

wishing to engage in such fishery to obtain a permit from the

Secretary;

(3) shall require the submission of pertinent data to the

Secretary, with respect to such fishery, as described in section

1853(a)(5) of this title; and

(4) may, to the extent necessary to prevent irreversible

effects from overfishing, with respect to such fishery, contain

conservation and management measures applicable to foreign

fishing which -

(A) are determined to be necessary and appropriate for the

conservation and management of such fishery,

(B) are consistent with the national standards, the other

provisions of this chapter, and other applicable law, and

(C) are described in section 1853(b)(2), (3), (4), (5), and

(7) of this title.

Each preliminary fishery management plan shall be in effect with

respect to foreign fishing for which permits have been issued until

a fishery management plan is prepared and implemented, pursuant to

subchapter IV of this chapter, with respect to such fishery. The

Secretary may, in accordance with section 553 of title 5, also

prepare and promulgate interim regulations with respect to any such

preliminary plan. Such regulations shall be in effect until

regulations implementing the applicable fishery management plan are

promulgated pursuant to section 1855 of this title.

(h) Full observer coverage program

(1)(A) Except as provided in paragraph (2), the Secretary shall

establish a program under which a United States observer will be

stationed aboard each foreign fishing vessel while that vessel is

engaged in fishing within the exclusive economic zone.

(B) The Secretary shall by regulation prescribe minimum health

and safety standards that shall be maintained aboard each foreign

fishing vessel with regard to the facilities provided for the

quartering of, and the carrying out of observer functions by,

United States observers.

(2) The requirement in paragraph (1) that a United States

observer be placed aboard each foreign fishing vessel may be waived

by the Secretary if he finds that -

(A) in a situation where a fleet of harvesting vessels

transfers its catch taken within the exclusive economic zone to

another vessel, aboard which is a United States observer, the

stationing of United States observers on only a portion of the

harvesting vessel fleet will provide a representative sampling of

the by-catch of the fleet that is sufficient for purposes of

determining whether the requirements of the applicable management

plans for the by-catch species are being complied with;

(B) in a situation where the foreign fishing vessel is

operating under a Pacific Insular Area fishing agreement, the

Governor of the applicable Pacific Insular Area, in consultation

with the Western Pacific Council, has established an observer

coverage program that is at least equal in effectiveness to the

program established by the Secretary;

(C) the time during which a foreign fishing vessel will engage

in fishing within the exclusive economic zone will be of such

short duration that the placing of a United States observer

aboard the vessel would be impractical; or

(D) for reasons beyond the control of the Secretary, an

observer is not available.

(3) Observers, while stationed aboard foreign fishing vessels,

shall carry out such scientific, compliance monitoring, and other

functions as the Secretary deems necessary or appropriate to carry

out the purposes of this chapter; and shall cooperate in carrying

out such other scientific programs relating to the conservation and

management of living resources as the Secretary deems appropriate.

(4) In addition to any fee imposed under section 1824(b)(10) of

this title and section 1980(e) of title 22 with respect to foreign

fishing for any year after 1980, the Secretary shall impose, with

respect to each foreign fishing vessel for which a permit is issued

under such section 1824 of this title, a surcharge in an amount

sufficient to cover all the costs of providing a United States

observer aboard that vessel. The failure to pay any surcharge

imposed under this paragraph shall be treated by the Secretary as a

failure to pay the permit fee for such vessel under section

1824(b)(10) of this title. All surcharges collected by the

Secretary under this paragraph shall be deposited in the Foreign

Fishing Observer Fund established by paragraph (5).

(5) There is established in the Treasury of the United States the

Foreign Fishing Observer Fund. The Fund shall be available to the

Secretary as a revolving fund for the purpose of carrying out this

subsection. The Fund shall consist of the surcharges deposited

into it as required under paragraph (4). All payments made by the

Secretary to carry out this subsection shall be paid from the Fund,

only to the extent and in the amounts provided for in advance in

appropriation Acts. Sums in the Fund which are not currently needed

for the purposes of this subsection shall be kept on deposit or

invested in obligations of, or guaranteed by, the United States.

(6) If at any time the requirement set forth in paragraph (1)

cannot be met because of insufficient appropriations, the Secretary

shall, in implementing a supplementary observer program:

(A) certify as observers, for the purposes of this subsection,

individuals who are citizens or nationals of the United States

and who have the requisite education or experience to carry out

the functions referred to in paragraph (3);

(B) establish standards of conduct for certified observers

equivalent to those applicable to Federal personnel;

(C) establish a reasonable schedule of fees that certified

observers or their agents shall be paid by the owners and

operators of foreign fishing vessels for observer services; and

(D) monitor the performance of observers to ensure that it

meets the purposes of this chapter.

(i) Recreational fishing

Notwithstanding any other provision of this subchapter, foreign

fishing vessels which are not operated for profit may engage in

recreational fishing within the exclusive economic zone and the

waters within the boundaries of a State subject to obtaining such

permits, paying such reasonable fees, and complying with such

conditions and restrictions as the Secretary and the Governor of

the State (or his designee) shall impose as being necessary or

appropriate to insure that the fishing activity of such foreign

vessels within such zone or waters, respectively, is consistent

with all applicable Federal and State laws and any applicable

fishery management plan implemented under section 1854 of this

title. The Secretary shall consult with the Secretary of State and

the Secretary of the Department in which the Coast Guard is

operating in formulating the conditions and restrictions to be

applied by the Secretary under the authority of this subsection.

-SOURCE-

(Pub. L. 94-265, title II, Sec. 201, Apr. 13, 1976, 90 Stat. 337;

Pub. L. 95-354, Sec. 4(1)-(4), Aug. 28, 1978, 92 Stat. 519, 520;

Pub. L. 96-61, Sec. 3(a), Aug. 15, 1979, 93 Stat. 407; Pub. L.

96-118, Sec. 5, Nov. 16, 1979, 93 Stat. 860; Pub. L 96-561, title

II, Sec. 230, 231(a), 236, Dec. 22, 1980, 94 Stat. 3296, 3297,

3299; Pub. L. 97-453, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2481; Pub.

L. 98-623, title IV, Sec. 404(1), (2), Nov. 8, 1984, 98 Stat. 3408;

Pub. L. 99-386, title II, Sec. 206(a), Aug. 22, 1986, 100 Stat.

823; Pub. L. 99-659, title I, Sec. 101(c)(2), 103(a), Nov. 14,

1986, 100 Stat. 3707, 3708; Pub. L. 101-627, title I, Sec. 104,

Nov. 28, 1990, 104 Stat. 4439; Pub. L. 102-251, title III, Sec.

301(d), Mar. 9, 1992, 106 Stat. 63; Pub. L. 103-236, title I, Sec.

139(24), Apr. 30, 1994, 108 Stat. 399; Pub. L. 104-297, title I,

Sec. 105(a), Oct. 11, 1996, 110 Stat. 3563.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 102-251, title III, Sec. 301(d), 308, Mar. 9, 1992, 106

Stat. 63, 66, provided that, effective on the date on which the

Agreement between the United States and the Union of Soviet

Socialist Republics on the Maritime Boundary, signed June 1,

1990, enters into force for the United States, with authority to

prescribe implementing regulations effective Mar. 9, 1992, but

with no such regulation to be effective until the date on which

the Agreement enters into force for the United States, this

section is amended:

(1) in subsection (a), (A) by inserting ''within the special

areas,'' immediately before ''or for anadromous species'' and (B)

by striking ''beyond the exclusive economic zone'' and inserting

in lieu thereof ''beyond such zone or areas'';

(2) in subsection (e)(1)(E)(IV)(iv), by inserting ''or special

areas'' immediately after ''exclusive economic zone'';

(3) in subsection (i), (A) by inserting ''or special areas''

immediately before the period at the end of paragraph (1)(A), (B)

by inserting ''or special areas'' immediately after ''exclusive

economic zone'' in paragraph (2)(A), and (C) by inserting ''or

special areas'' immediately after ''exclusive economic zone'' in

paragraph (2)(B); and

(4) in subsection (j), (A) by inserting '', special areas,''

immediately after ''exclusive economic zone'', and (B) by

inserting '', areas,'' immediately after ''such zone''.

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (c), (d), (e)(2)(C)(iii),

(g), and (h)(3), (6)(D), was in the original ''this Act'', meaning

Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as amended, 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.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(1), (2). Pub. L. 104-297, Sec. 105(a)(1),

added pars. (1) and (2) and struck out former pars. (1) and (2)

which read as follows:

''(1) is authorized under subsection (b) or (c) of this section;

''(2) is not prohibited by subsection (g) of this section; and''.

Subsec. (c)(2)(D). Pub. L. 104-297, Sec. 105(a)(2), substituted

''subsection (h)'' for ''subsection (i)''.

Subsec. (f). Pub. L. 104-297, Sec. 105(a)(3), (4), repealed

subsec. (f) and redesignated subsec. (g) as (f). See 1994 Amendment

note below.

Subsec. (g). Pub. L. 104-297, Sec. 105(a)(4), redesignated

subsec. (h) as (g). Former subsec. (g) redesignated (f).

Subsec. (h). Pub. L. 104-297, Sec. 105(a)(4), redesignated

subsec. (i) as (h). Former subsec. (h) redesignated (g).

Subsec. (h)(2)(B) to (D). Pub. L. 104-297, Sec. 105(a)(5), added

subpar. (B) and redesignated former subpars. (B) and (C) as (C) and

(D), respectively.

Subsec. (i). Pub. L. 104-297, Sec. 105(a)(4), (6), redesignated

subsec. (j) as (i) and substituted ''section 1854'' for ''section

1855''. Former subsec. (i) redesignated (h).

Subsec. (j). Pub. L. 104-297, Sec. 105(a)(4), redesignated

subsec. (j) as (i).

1994 - Subsec. (f). Pub. L. 103-236 directed the repeal of

section 201(f) of the Fishery Conservation and Management Act,

1976, which was executed by repealing subsec. (f) of this section

which was section 201(f) of the Magnuson Fishery Conservation and

Management Act. Prior to repeal, subsec. (f) read as follows: ''The

Secretary and the Secretary of State shall prepare and submit a

report to the Congress and the President, not later than July 1 of

each year, setting forth -

''(1) a list of species of all allocations made to foreign

nations pursuant to subsection (e) of this section and all

permits issued pursuant to section 1824(b)(6)(B) of this title;

and

''(2) all tariff and nontariff trade barriers imposed by such

nations on the importation of such species from the United

States.''

1990 - Subsec. (d). Pub. L. 101-627 amended subsec. (d)

generally, limiting the total allowable level of foreign fishing,

with respect to any fishery subject to the exclusive management

authority of the United States, to only that part of the potential

fishery yield which is not harvested by United States fishermen and

deleting the alternative method of determining the total allowable

level of foreign fishing based on the annual fishing level for each

harvesting season after the 1980 harvesting season.

1986 - Subsecs. (a), (e)(1)(E)(iv). Pub. L. 99-659, Sec.

101(c)(2), substituted ''exclusive economic zone'' for ''fishery

conservation zone'' in two places.

Subsec. (f). Pub. L. 99-386 substituted ''The Secretary and the

Secretary of State shall'' for ''The Secretary of the Treasury, in

cooperation with the Secretary and the Secretary of State, shall''.

Subsec. (i)(1). Pub. L. 99-659, Sec. 101(c)(2), 103(a)(1), (2),

designated existing provisions as subpar. (A), substituted

''exclusive economic zone'' for ''fishery conservation zone'', and

added subpar. (B).

Subsec. (i)(2)(A). Pub. L. 99-659, Sec. 101(c)(2), substituted

''exclusive economic zone'' for ''fishery conservation zone''.

Subsec. (i)(2)(B). Pub. L. 99-659, Sec. 103(a)(3), amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows: ''with respect to any foreign fishing vessel while it is

engaged in fishing within the fishery conservation zone -

''(i) the time during which the vessel engages in such fishing

will be of such short duration that the placing of a United

States observer aboard the vessel would be impractical, or

''(ii) the facilities of the vessel for the quartering of a

United States observer, or for the carrying out of observer

functions, are so inadequate or unsafe that the health or safety

of an observer would be jeopardized; or''

Subsec. (j). Pub. L. 99-659, Sec. 101(c)(2), substituted

''exclusive economic zone'' for ''fishery conservation zone''.

1984 - Subsec. (d)(4). Pub. L. 98-623, Sec. 404(1), substituted

''may allocate'' for ''shall allocate'' in provisions preceding

subpar. (A).

Subsec. (e)(1)(A). Pub. L. 98-623, Sec. 404(2)(A), substituted

''may make allocations to foreign nations from'' for ''shall

determine the allocation among foreign nations of''.

Subsec. (e)(1)(E)(i). Pub. L. 98-623, Sec. 404(2)(B), substituted

''both United States fish and fishery products'' for ''United

States fish or fishery products'' and inserted '', particularly

fish and fishery products for which the foreign nation has

requested an allocation''.

Subsec. (e)(1)(E)(ii). Pub. L. 98-623, Sec. 404(2)(C), amended

provisions generally, thereby substituting ''in both the

advancement of existing and new opportunities for fisheries exports

from the United States through the purchase of fishery products

from United States processors, and the advancement of fisheries

trade through the purchase of fish and fishery products from United

States fishermen, particularly fish and fishery products for which

the foreign nation has requested an allocation'' for ''in the

advancement of existing and new opportunities for fisheries trade,

particularly through the purchase of fish or fishery products from

United States processors or from United States fishermen''.

1983 - Subsec. (c)(2)(D). Pub. L. 97-453, Sec. 2(a)(1), amended

par. (D) generally, substituting ''United States observers required

under subsection (i) of this section be permitted to be stationed

aboard any such vessel and that all of the costs incurred incident

to such stationing, including the costs of data editing and entry

and observer monitoring, be paid for, in accordance with such

subsection, by the owner or operator of the vessel'' for ''duly

authorized United States observers be permitted on board any such

vessel and that the United States be reimbursed for the cost of

such observers''.

Subsec. (c)(4)(D). Pub. L. 97-453, Sec. 2(a)(2), added subpar.

(D).

Subsec. (d)(4). Pub. L. 97-453, Sec. 2(a)(3), substituted ''may

be allocated'' for ''shall be allocated'' after ''then such portion

or part''.

Subsec. (e)(1). Pub. L. 97-453, Sec. 2(a)(4), designated first

sentence of existing provisions as subpar. (A), added subpars. (B),

(C), and (D), and redesignated former subpars. (A) through (H) as

cls. (i) through (viii) of subpar. (E), respectively.

Subsec. (i)(3). Pub. L. 97-453, Sec. 2(a)(5)(A)(i), substituted

provision that observers, while stationed aboard foreign fishing

vessels, shall carry out such scientific, compliance monitoring,

and other functions as the Secretary deems necessary or appropriate

to carry out the purposes of this chapter and shall cooperate in

carrying out such other scientific programs relating to the

conservation and management of living resources as the Secretary

deems appropriate, for provision that United States observers,

while aboard foreign fishing vessels, were to carry out such

scientific and other functions as the Secretary deemed necessary or

appropriate to carry out the purposes of this chapter.

Subsec. (i)(6). Pub. L. 97-453, Sec. 2(a)(5)(A)(ii), added par.

(6).

Subsec. (j). Pub. L. 97-453, Sec. 2(a)(6), added subsec. (j).

1980 - Subsec. (d). Pub. L. 96-561, Sec. 230, designated existing

provision as par. (2), substituted provision prescribing the total

allowable level of foreign fishing with respect to any United

States fishery for each harvesting season after the 1980 harvesting

season as the level representing that portion of the optimum yield

of such fishery that will not be harvested by vessels of the United

States as determined in accordance with provisions of this chapter,

other than those relating to the determination of annual fishing

levels, or the annual fishing levels determined pursuant to par.

(3) of this section for the harvesting season for provision

prescribing the total allowable level of foreign fishing with

respect to any fishery subject to the exclusive fishery management

authority of the United States as that portion of the optimum yield

of such fishery which will not be harvested by vessels of the

United States, as determined in accordance with provisions of this

chapter, and added pars. (1), (3), and (4).

Subsec. (e). Pub. L. 96-561, Sec. 231(a), substituted ''All such

determinations shall be made by the Secretary of State and the

Secretary on the basis of'' for ''In making any such determination,

the Secretary of State and the Secretary shall consider'', added

subpars. (A), (B), (D), and (E), redesignated former subpars. (A),

(B), and (D) as (F), (G), and (H), respectively, and in subpar. (C)

substituted determination where such nations and the fishing fleets

of such nations have cooperated with the United States in

enforcement of United States fishing regulations for determination

where such nations have cooperated with the United States in

enforcement and with respect to conservation and management of

fishery resources.

Subsec. (i). Pub. L. 96-561, Sec. 236, added subsec. (i).

1979 - Subsec. (e). Pub. L. 96-61 designated existing provisions

as par. (1), redesignated pars. (1) through (4) as subpars. (A) to

(D), and added par. (2).

Subsec. (e)(2)(D)(i). Pub. L. 96-118 substituted ''unharvested''

for ''harvested''.

1978 - Subsec. (a)(2). Pub. L. 95-354, Sec. 4(1), substituted

''(g)'' for ''(f)''.

Subsec. (c)(3). Pub. L. 95-354, Sec. 4(2), substituted ''harvest

an amount of fish which exceeds'' for ''exceed''.

Subsecs. (f) to (h). Pub. L. 95-354, Sec. 4(3), (4), added

subsec. (f), redesignated former subsecs. (f) and (g) as (g) and

(h), and in subsec. (h)(1), as so redesignated, set out existing

provisions as cls. (A) and (C) and added cl. (B).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement

between United States and Union of Soviet Socialist Republics on

the Maritime Boundary, signed June 1, 1990, enters into force for

United States, with authority to prescribe implementing regulations

effective Mar. 9, 1992, but with no such regulation to be effective

until date on which Agreement enters into force for United States,

see section 308 of Pub. L. 102-251, set out as a note under section

773 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 2(b) of Pub. L. 97-453 provided that: ''The amendments

made by subsection (a)(1) and (5)(A)(ii) (amending this section)

shall take effect January 1, 1984.''

EFFECTIVE DATE OF 1980 AMENDMENT

Sections 231(b), 238(b) of Pub. L. 96-561, as amended by Pub. L.

104-208, div. A, title I, Sec. 101(a) (title II, Sec. 211(b)),

Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that: ''The

amendments made by subsection (a) (amending this section) shall

apply with respect to the 1981 harvesting season and harvesting

seasons thereafter (as defined in section 201(d)(1) of the

Magnuson-Stevens Fishery Conservation and Management Act, as

amended by section 301) (subsec. (d)(1) of this section).''

Sections 237, 238(b) of Pub. L. 96-561, as amended by Pub. L.

104-208, div. A, title I, Sec. 101(a) (title II, Sec. 211(b)),

Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that: ''The

amendment made by section 236 (amending this section) shall take

effect October 1, 1981, and shall apply with respect to permits

issued under section 204 of the Magnuson-Stevens Fishery

Conservation and Management Act (section 1824 of this title) after

December 31, 1981.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

FOREIGN FISHING FOR ATLANTIC HERRING AND MACKEREL

Pub. L. 104-43, title VIII, Sec. 802, Nov. 3, 1995, 109 Stat.

396, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(a)

(title II, Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41,

provided that: ''Notwithstanding any other provision of law -

''(1) no allocation may be made to any foreign nation or vessel

under section 201 of the Magnuson-Stevens Fishery Conservation

and Management Act (16 U.S.C. 1801 et seq.) (16 U.S.C. 1821) in

any fishery for which there is not a fishery management plan

implemented in accordance with that Act (16 U.S.C. 1801 et seq.);

and

''(2) the Secretary of Commerce may not approve the portion of

any permit application submitted under section 204(b) of the Act

(16 U.S.C. 1824(b)) which proposes fishing by a foreign vessel

for Atlantic mackerel or Atlantic herring unless -

''(A) the appropriate regional fishery management council

recommends under section 204(b)(5) of that Act that the

Secretary approve such fishing, and

''(B) the Secretary of Commerce includes in the permit any

conditions or restrictions recommended by the appropriate

regional fishery management council with respect to such

fishing.''

USE OF VESSEL IDENTIFICATION EQUIPMENT

Pub. L. 100-629, Sec. 6, Nov. 7, 1988, 102 Stat. 3287, as amended

by Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec.

211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that:

''(a) The Secretary of State, the Secretary of Commerce, and the

Secretary of the department in which the Coast Guard is operating,

as appropriate, shall exercise their authority under section

201(c)(2)(C) of the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1821) to require the use of transponders

or other such appropriate position-fixing and identification

equipment on any vessel other than a vessel of the United States

engaged in fishing in the United States Exclusive Economic Zone.

''(b) The Secretary of Commerce, after consultation with the

Secretary of Defense, the Secretary of State, and the Secretary of

the department in which the Coast Guard is operating shall report

to the Committee on Merchant Marine and Fisheries of the House of

Representatives and the Committee on Commerce, Science and

Transportation of the Senate within 180 days after the date of

enactment of this Act (Nov. 7, 1988) on the results of their

compliance with subsection (a).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1822, 1824, 1825, 1856,

1857, 1861 of this title.

-CITE-

16 USC Sec. 1822 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1822. International fishery agreements

-STATUTE-

(a) Negotiations

The Secretary of State -

(1) shall renegotiate treaties as provided for in subsection

(b) of this section;

(2) shall negotiate governing international fishery agreements

described in section 1821(c) of this title;

(3) may negotiate boundary agreements as provided for in

subsection (d) of this section;

(4) shall, upon the request of and in cooperation with the

Secretary, initiate and conduct negotiations for the purpose of

entering into international fishery agreements -

(A) which allow fishing vessels of the United States

equitable access to fish over which foreign nations assert

exclusive fishery management authority, and

(B) which provide for the conservation and management of

anadromous species and highly migratory species; and

(5) may enter into such other negotiations, not prohibited by

subsection (c) of this section, as may be necessary and

appropriate to further the purposes, policy, and provisions of

this chapter.

(b) Treaty renegotiation

The Secretary of State, in cooperation with the Secretary, shall

initiate, promptly after April 13, 1976, the renegotiation of any

treaty which pertains to fishing within the exclusive economic zone

(or within the area that will constitute such zone after February

28, 1977), or for anadromous species or Continental Shelf fishery

resources beyond such zone or area, and which is in any manner

inconsistent with the purposes, policy, or provisions of this

chapter, in order to conform such treaty to such purposes, policy,

and provisions. It is the sense of Congress that the United States

shall withdraw from any such treaty, in accordance with its

provisions, if such treaty is not so renegotiated within a

reasonable period of time after April 13, 1976.

(c) International fishery agreements

No international fishery agreement (other than a treaty) which

pertains to foreign fishing within the exclusive economic zone (or

within the area that will constitute such zone after February 28,

1977), or for anadromous species or Continental Shelf fishery

resources beyond such zone or area -

(1) which is in effect on June 1, 1976, may thereafter be

renewed, extended, or amended; or

(2) may be entered into after May 31, 1976;

by the United States unless it is in accordance with the provisions

of section 1821(c) of this title or section 1824(e) of this title.

(d) Boundary negotiations

The Secretary of State, in cooperation with the Secretary, may

initiate and conduct negotiations with any adjacent or opposite

foreign nation to establish the boundaries of the exclusive

economic zone of the United States in relation to any such nation.

(e) Highly migratory species agreements

(1) Evaluation

The Secretary of State, in cooperation with the Secretary,

shall evaluate the effectiveness of each existing international

fishery agreement which pertains to fishing for highly migratory

species. Such evaluation shall consider whether the agreement

provides for -

(A) the collection and analysis of necessary information for

effectively managing the fishery, including but not limited to

information about the number of vessels involved, the type and

quantity of fishing gear used, the species of fish involved and

their location, the catch and bycatch levels in the fishery,

and the present and probable future condition of any stock of

fish involved;

(B) the establishment of measures applicable to the fishery

which are necessary and appropriate for the conservation and

management of the fishery resource involved;

(C) equitable arrangements which provide fishing vessels of

the United States with (i) access to the highly migratory

species that are the subject of the agreement and (ii) a

portion of the allowable catch that reflects the traditional

participation by such vessels in the fishery;

(D) effective enforcement of conservation and management

measures and access arrangements throughout the area of

jurisdiction; and

(E) sufficient and dependable funding to implement the

provisions of the agreement, based on reasonable assessments of

the benefits derived by participating nations.

(2) Access negotiations

The Secretary of State, in cooperation with the Secretary,

shall initiate negotiations with respect to obtaining access for

vessels of the United States fishing for tuna species within the

exclusive economic zones of other nations on reasonable terms and

conditions.

(3) Reports

The Secretary of State shall report to the Congress -

(A) within 12 months after November 28, 1990, on the results

of the evaluation required under paragraph (1), together with

recommendations for addressing any inadequacies identified; and

(B) within six months after November 28, 1990, on the results

of the access negotiations required under paragraph (2).

(4) Negotiation

The Secretary of State, in consultation with the Secretary,

shall undertake such negotiations with respect to international

fishery agreements on highly migratory species as are necessary

to correct inadequacies identified as a result of the evaluation

conducted under paragraph (1).

(5) South Pacific tuna treaty

It is the sense of the Congress that the United States

Government shall, at the earliest opportunity, begin negotiations

for the purpose of extending the Treaty on Fisheries Between the

Governments of Certain Pacific Island States and the Government

of the United States of America, signed at Port Moresby, Papua

New Guinea, April 2, 1987, and it (FOOTNOTE 1) Annexes,

Schedules, and implementing agreements for an additional term of

10 years on terms and conditions at least as favorable to vessels

of the United States and the United States Government.

(FOOTNOTE 1) So in original.

(f) Nonrecognition

It is the sense of the Congress that the United States Government

shall not recognize the claim of any foreign nation to an exclusive

economic zone (or the equivalent) beyond such nation's territorial

sea, to the extent that such sea is recognized by the United

States, if such nation -

(1) fails to consider and take into account traditional fishing

activity of fishing vessels of the United States;

(2) fails to recognize and accept that highly migratory species

are to be managed by applicable international fishery agreements,

whether or not such nation is a party to any such agreement; or

(3) imposes on fishing vessels of the United States any

conditions or restrictions which are unrelated to fishery

conservation and management.

(g) Fishery agreement with Russia

(1) The Secretary of State, in consultation with the Secretary,

is authorized to negotiate and conclude a fishery agreement with

Russia of a duration of no more than 3 years, pursuant to which -

(A) Russia will give United States fishing vessels the

opportunity to conduct traditional fisheries within waters

claimed by the United States prior to the conclusion of the

Agreement between the United States of America and the Union of

Soviet Socialist Republics on the Maritime Boundary, signed June

1, 1990, west of the maritime boundary, including the western

special area described in Article 3(2) of the Agreement;

(B) the United States will give fishing vessels of Russia the

opportunity to conduct traditional fisheries within waters

claimed by the Union of Soviet Socialist Republics prior to the

conclusion of the Agreement referred to in subparagraph (A), east

of the maritime boundary, including the eastern special areas

described in Article 3(1) of the Agreement;

(C) catch data shall be made available to the government of the

country exercising fisheries jurisdiction over the waters in

which the catch occurred; and

(D) each country shall have the right to place observers on

board vessels of the other country and to board and inspect such

vessels.

(2) Vessels operating under a fishery agreement negotiated and

concluded pursuant to paragraph (1) shall be subject to regulations

and permit requirements of the country in whose waters the

fisheries are conducted only to the extent such regulations and

permit requirements are specified in that agreement.

(3) The Secretary of Commerce may promulgate such regulations, in

accordance with section 553 of title 5, as may be necessary to

carry out the provisions of any fishery agreement negotiated and

concluded pursuant to paragraph (1).

(h) Bycatch reduction agreements

(1) The Secretary of State, in cooperation with the Secretary,

shall seek to secure an international agreement to establish

standards and measures for bycatch reduction that are comparable to

the standards and measures applicable to United States fishermen

for such purposes in any fishery regulated pursuant to this chapter

for which the Secretary, in consultation with the Secretary of

State, determines that such an international agreement is necessary

and appropriate.

(2) An international agreement negotiated under this subsection

shall be -

(A) consistent with the policies and purposes of this chapter;

and

(B) subject to approval by Congress under section 1823 of this

title.

(3) Not later than January 1, 1997, and annually thereafter, the

Secretary, in consultation with the Secretary of State, shall

submit to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Resources of the House of

Representatives a report describing actions taken under this

subsection.

-SOURCE-

(Pub. L. 94-265, title II, Sec. 202, Apr. 13, 1976, 90 Stat. 339;

Pub. L. 99-659, title I, Sec. 101(c)(2), Nov. 14, 1986, 100 Stat.

3707; Pub. L. 101-627, title I, Sec. 105(a), 120(a), Nov. 28, 1990,

104 Stat. 4439, 4459; Pub. L. 102-251, title III, Sec. 301(e), Mar.

9, 1992, 106 Stat. 63; Pub. L. 104-297, title I, Sec. 105(b), Oct.

11, 1996, 110 Stat. 3564.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 102-251, title III, Sec. 301(e)(1), (2), 308, Mar. 9,

1992, 106 Stat. 63, 66, provided that, effective on the date on

which the Agreement between the United States and the Union of

Soviet Socialist Republics on the Maritime Boundary, signed June

1, 1990, enters into force for the United States, with authority

to prescribe implementing regulations effective Mar. 9, 1992, but

with no such regulation to be effective until the date on which

the Agreement enters into force for the United States, this

section is amended:

(1) in subsection (b), (A) by inserting ''or special areas''

immediately after ''February 28, 1977)'' and (B) by striking

''such zone or area'' and inserting in lieu thereof ''such zone

or areas''; and

(2) in subsection (c), (A) by inserting ''or special areas''

immediately after ''February 28, 1977)'' and (B) by striking

''such zone or area'' and inserting in lieu thereof ''such zone

or areas''.

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-297, Sec. 105(b)(1), inserted

before period at end ''or section 1824(e) of this title''.

Subsec. (h). Pub. L. 104-297, Sec. 105(b)(2), added subsec. (h).

1992 - Subsec. (g). Pub. L. 102-251, Sec. 301(e)(3), added

subsec. (g).

1990 - Subsec. (e). Pub. L. 101-627, Sec. 105(a), added subsec.

(e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 101-627, Sec. 120(a), substituted ''an

exclusive economic'' for ''a exclusive economic''.

Pub. L. 101-627, Sec. 105(a), redesignated former subsec. (e) as

(f).

1986 - Subsecs. (b) to (e). Pub. L. 99-659 substituted

''exclusive economic zone'' for ''fishery conservation zone''

wherever appearing.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 301(e)(3) of Pub. L. 102-251 effective Mar.

9, 1992, and amendment by section 301(e)(1), (2), of Pub. L.

102-251 effective on date on which Agreement between United States

and Union of Soviet Socialist Republics on the Maritime Boundary,

signed June 1, 1990, enters into force for United States, with

authority to prescribe implementing regulations effective Mar. 9,

1992, but with no such regulation to be effective until date on

which Agreement enters into force for United States, see section

308 of Pub. L. 102-251, set out as a note under section 773 of this

title.

SHARK FINNING PROHIBITION

Pub. L. 106-557, Dec. 21, 2000, 114 Stat. 2772, provided that:

''SECTION 1. SHORT TITLE.

''This Act may be cited as the 'Shark Finning Prohibition Act'.

''SEC. 2. PURPOSE.

''The purpose of this Act is to eliminate shark-finning by

addressing the problem comprehensively at both the national and

international levels.

''SEC. 3. PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK

CARCASS AT SEA

''(Amended section 1857 of this title.)

''SEC. 4. REGULATIONS.

''No later than 180 days after the date of the enactment of this

Act (Dec. 21, 2000), the Secretary of Commerce shall promulgate

regulations implementing the provisions of section 3076(1)(P)

(307(1)(P)) of the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1857(1)(P)), as added by section 3 of

this Act.

''SEC. 5. INTERNATIONAL NEGOTIATIONS.

''The Secretary of Commerce, acting through the Secretary of

State, shall -

''(1) initiate discussions as soon as possible for the purpose

of developing bilateral or multilateral agreements with other

nations for the prohibition on shark-finning;

''(2) initiate discussions as soon as possible with all foreign

governments which are engaged in, or which have persons or

companies engaged in shark-finning, for the purposes of -

''(A) collecting information on the nature and extent of

shark-finning by such persons and the landing or transshipment

of shark fins through foreign ports; and

''(B) entering into bilateral and multilateral treaties with

such countries to protect such species;

''(3) seek agreements calling for an international ban on

shark-finning and other fishing practices adversely affecting

these species through the United Nations, the Food and

Agriculture Organization's Committee on Fisheries, and

appropriate regional fishery management bodies;

''(4) initiate the amendment of any existing international

treaty for the protection and conservation of species of sharks

to which the United States is a party in order to make such

treaty consistent with the purposes and policies of this section;

''(5) urge other governments involved in fishing for or

importation of shark or shark products to fulfill their

obligations to collect biological data, such as stock abundance

and by-catch levels, as well as trade data, on shark species as

called for in the 1995 Resolution on Cooperation with FAO with

Regard to study on the Status of Sharks and By-Catch of Shark

Species; and

''(6) urge other governments to prepare and submit their

respective National Plan of Action for the Conservation and

Management of Sharks to the 2001 session of the FAO Committee on

Fisheries, as set forth in the International Plan of Action for

the Conservation and Management of Sharks.

''SEC. 6. REPORT TO CONGRESS.

''The Secretary of Commerce, in consultation with the Secretary

of State, shall provide to Congress, by not later than 1 year after

the date of the enactment of this Act (Dec. 21, 2000), and every

year thereafter, a report which -

''(1) includes a list that identifies nations whose vessels

conduct shark-finning and details the extent of the international

trade in shark fins, including estimates of value and information

on harvesting of shark fins, and landings or transshipment of

shark fins through foreign ports;

''(2) describes the efforts taken to carry out this Act, and

evaluates the progress of those efforts;

''(3) sets forth a plan of action to adopt international

measures for the conservation of sharks; and

''(4) includes recommendations for measures to ensure that

United States actions are consistent with national,

international, and regional obligations relating to shark

populations, including those listed under the Convention on

International Trade in Endangered Species of Wild Flora and

Fauna.

''SEC. 7. RESEARCH.

''The Secretary of Commerce, subject to the availability of

appropriations authorized by section 10, shall establish a research

program for Pacific and Atlantic sharks to engage in the following

data collection and research:

''(1) The collection of data to support stock assessments of

shark populations subject to incidental or directed harvesting by

commercial vessels, giving priority to species according to

vulnerability of the species to fishing gear and fishing

mortality, and its population status.

''(2) Research to identify fishing gear and practices that

prevent or minimize incidental catch of sharks in commercial and

recreational fishing.

''(3) Research on fishing methods that will ensure maximum

likelihood of survival of captured sharks after release.

''(4) Research on methods for releasing sharks from fishing

gear that minimize risk of injury to fishing vessel operators and

crews.

''(5) Research on methods to maximize the utilization of, and

funding to develop the market for, sharks not taken in violation

of a fishing management plan approved under section 303 or

section 307(1)(P) of the Magnuson-Stevens Fishery Conservation

and Management Act (16 U.S.C. 1853, 1857(1)(P)).

''(6) Research on the nature and extent of the harvest of

sharks and shark fins by foreign fleets and the international

trade in shark fins and other shark products.

''SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH

PROGRAM.

''The National Marine Fisheries Service, in consultation with the

Western Pacific Fisheries Management Council, shall initiate a

cooperative research program with the commercial longlining

industry to carry out activities consistent with this Act,

including research described in section 7 of this Act. The service

(Service) may initiate such shark cooperative research programs

upon the request of any other fishery management council.

''SEC. 9. SHARK-FINNING DEFINED.

''In this Act, the term 'shark-finning' means the taking of a

shark, removing the fin or fins (whether or not including the tail)

of a shark, and returning the remainder of the shark to the sea.

''SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated to the Secretary of

Commerce for fiscal years 2001 through 2005 such sums as are

necessary to carry out this Act.''

CERTIFICATE OF LEGAL ORIGIN FOR ANADROMOUS FISH PRODUCTS

Section 801 of Pub. L. 101-627 provided that:

''(a) Negotiations. - Within 60 days after the date of enactment

of this Act (Nov. 28, 1990), the Secretary of State shall commence

negotiations with nations which import or export anadromous fish or

anadromous fish products for the purpose of securing general

agreement among such nations to implement effective measures to

prohibit international trade in anadromous fish or anadromous fish

products unless such fish or fish products are accompanied by a

valid certificate of legal origin attesting that the fish or fish

product was lawfully harvested -

''(1) within the jurisdiction of a nation having naturally

occurring or artificially established anadromous fish populations

of the same species as the imported or exported product; or

''(2) on the high seas according to an international agreement

among nations with jurisdiction over more than 1 percent of the

stocks of anadromous fish being so harvested.

''(b) Issuance of Certificates. - For the purposes of subsection

(a), a valid certificate of legal origin may be issued only by a

nation which -

''(1) is the nation having jurisdiction over the vessel or

other means by which the fish or fish product was harvested; and

''(2) maintains regular harvests of anadromous fish in a manner

consistent with the criteria for lawful harvests set out in

subsection (a).

''(c) Bilateral or Multilateral Agreements. - Efforts undertaken

by the Secretary of State pursuant to subsection (a) may, at the

discretion of the Secretary, be directed toward achieving either

bilateral or multilateral agreements, including trade agreements,

whichever the Secretary determines to be most likely to result in

the earliest possible date or dates of agreement by those nations

which individually have in excess of $1,000,000, or the equivalent,

in import or export trade in anadromous fish and anadromous fish

products.

''(d) Regulations. - The Secretary of Commerce shall, within 180

days after the date of enactment of this Act (Nov. 28, 1990),

promulgate regulations providing for -

''(1) the issuance of certificates of legal origin pursuant to

agreements under subsection (a) for anadromous fish and

anadromous fish products legally harvested by vessels of the

United States;

''(2) the delegation of the authority to issue certificates of

legal origin to States, territories, or possessions of the United

States which the Secretary of Commerce determines to have

implemented a program which is sufficient to accomplish the

purposes of subsection (a); and

''(3) an orderly transition to such regulations, sufficient to

ensure that United States commerce in anadromous fish and

anadromous fish products is not unduly disrupted.

''(e) Report Required. - The Secretary of Commerce, after

consultation with the Secretary of the Treasury, shall, within 180

days after the date of enactment of this Act (Nov. 28, 1990),

submit to the Congress a report -

''(1) making recommendations as to the need for the adoption of

United States import and export restrictions on anadromous fish

and anadromous fish products consistent with subsection (a); and

''(2) identifying, evaluating, and making recommendations

regarding any specific statutory or regulatory changes that may

be necessary for the adoption of such restrictions.

''(f) Certification. - If, at any time following the promulgation

of the regulations required by subsection (d), the Secretary of

Commerce finds that any nation is engaging in trade in unlawfully

taken anadromous fish or anadromous fish products, the Secretary

shall certify that fact to the President, which certification shall

be deemed to be a certification for the purposes of section 8(a)(1)

of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)(1)).''

DRIFTNET IMPACT MONITORING, ASSESSMENT, AND CONTROL

Pub. L. 100-220, title IV, Dec. 29, 1987, 101 Stat. 1477, as

amended by Pub. L. 104-208, div. A, title I, Sec. 101(a) (title

II, Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided

that:

''SEC. 4001. SHORT TITLE.

''This title may be cited as the 'Driftnet Impact Monitoring,

Assessment, and Control Act of 1987'.

''SEC. 4002. FINDINGS.

''The Congress finds that -

''(1) the use of long plastic driftnets is a fishing technique

that may result in the entanglement and death of enormous numbers

of target and nontarget marine resources in the waters of the

North Pacific Ocean, including the Bering Sea;

''(2) there is a pressing need for detailed and reliable

information on the number of marine resources that become

entangled and die in actively fished driftnets and in driftnets

that are lost, abandoned, or discarded; and

''(3) increased efforts are necessary to monitor, assess, and

reduce the adverse impacts of driftnets.

''SEC. 4003. DEFINITIONS.

''As used in this title -

''(1) Driftnet. - The term 'driftnet' means a gillnet composed

of a panel of plastic webbing one and one-half miles or more in

length.

''(2) Driftnet fishing. - The term 'driftnet fishing' means a

fish-harvesting method in which a driftnet is placed in water and

allowed to drift with the currents and winds for the purpose of

entangling fish in the webbing.

''(3) Exclusive economic zone of the united states. - The term

'exclusive economic zone of the United States' means the zone

defined in section 3(6) (now 3(11)) of the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1802(b)

(1802(11))).

''(4) Marine resources. - The term 'marine resources' includes

fish, shellfish, marine mammals, seabirds, and other forms of

marine life or waterfowl.

''(5) Marine resources of the united states. - The term 'marine

resources of the United States' means -

''(A) marine resources found in, or which breed within, areas

subject to the jurisdiction of the United States, including the

exclusive economic zone of the United States; and

''(B) species of fish, wherever found, that spawn in the

fresh or estuarine waters of the United States.

''(6) Secretary. - The term 'Secretary' means the Secretary of

Commerce.

''SEC. 4004. MONITORING AGREEMENTS.

''(a) Negotiations. - The Secretary, through the Secretary of

State and in consultation with the Secretary of the Interior, shall

immediately initiate, negotiations with each foreign government

that conducts, or authorizes its nationals to conduct, driftnet

fishing that results in the taking of marine resources of the

United States in waters of the North Pacific Ocean outside of the

exclusive economic zone and territorial sea of any nation, for the

purpose of entering into agreements for statistically reliable

cooperative monitoring and assessment of the numbers of marine

resources of the United States killed and retrieved, discarded, or

lost by the foreign government's driftnet fishing vessels. Such

agreements shall provide for -

''(1) the use of a sufficient number of vessels from which

scientists of the United States and the foreign governments may

observe and gather statistically reliable information; and

''(2) appropriate methods for sharing equally the costs

associated with such activities.

''(b) Report. - The Secretary, in consultation with the Secretary

of State, shall provide to the Congress not later than 1 year after

the date of enactment of this Act (Dec. 29, 1987) a full report on

the results of negotiations under this section.

''SEC. 4005. IMPACT REPORT.

''(a) In General. - The Secretary shall provide to the Congress

within 1 year after the date of the enactment of this Act (Dec. 29,

1987), and at such other times thereafter as the Secretary

considers appropriate, a report identifying the nature, extent, and

effects of driftnet fishing in waters of the North Pacific Ocean on

marine resources of the United States. The report shall include the

best available information on -

''(1) the number and flag state of vessels involved;

''(2) the areas fished;

''(3) the length, width, and mesh size of driftnets used;

''(4) the number of marine resources of the United States

killed by such fishing;

''(5) the effect of seabird mortality, as determined by the

Secretary of the Interior, on seabird populations; and

''(6) any other information the Secretary considers

appropriate.

''(b) Information From Foreign Governments. - The Secretary,

through the Secretary of State, shall -

''(1) request relevant foreign governments to provide the

information described in subsection (a), and

''(2) include in a report under this section the information so

provided and an evaluation of the adequacy and reliability of

such information.

''SEC. 4006. ENFORCEMENT AGREEMENTS.

''(a) Negotiations. - The Secretary shall immediately initiate,

through the Secretary of State and in consultation with the

Secretary of the Department in which the Coast Guard is operating

negotiations with each foreign government that conducts, or

authorizes its nationals to conduct, driftnet fishing that results

in the taking of marine resources of the United States in waters of

the North Pacific Ocean outside of the exclusive economic zone and

territorial sea of any nation, for the purpose of entering into

agreements for effective enforcement of laws, regulations, and

agreements applicable to the location, season, and other aspects of

the operations of the foreign government's driftnet fishing

vessels. Such agreements shall include measures for -

''(1) the effective monitoring and detection of violations;

''(2) the collection and presentation of such evidence of

violations as may be necessary for the successful prosecution of

such violations by the responsible authorities;

''(3) reporting to the United States of penalties imposed by

the foreign governments for violations; and

''(4) appropriate methods for sharing equally the costs

associated with such activities.

''(b) Certification for Purposes of Fishermen's Protective Act of

1967. - If the Secretary, in consultation with the Secretary of

State, determines that a foreign government has failed, within 18

months after the date of the enactment of this Act (Dec. 29, 1987),

to enter into and implement an agreement under subsection (a) or

section 4004(a) that is adequate, the Secretary shall certify such

fact to the President, which certification shall be deemed to be a

certification for the purposes of section 8(a) of the Fishermen's

Protective Act of 1967 (22 U.S.C. 1978(a)).

''SEC. 4007. EVALUATIONS AND RECOMMENDATIONS.

''(a) Marking, Registry, and Identification System. - The

Secretary shall evaluate, in consultation with officials of other

Federal agencies and such other persons as may be appropriate, the

feasibility of and develop recommendations for the establishment of

a driftnet marking, registry, and identification system to provide

a reliable method for the determination of the origin by vessel, of

lost, discarded, or abandoned driftnets and fragments of

driftnets. In conducting such evaluation, the Secretary shall

consider the adequacy of existing driftnet identification systems

of foreign nations and the extent to which these systems achieve

the objectives of this title.

''(b) Alternative Driftnet Materials. - The Secretary, in

consultation with such other persons as may be appropriate, shall

evaluate the feasibility of, and develop appropriate

recommendations for, the use of alternative materials in driftnets

for the purpose of increasing the rate of decomposition of

driftnets that are discarded or lost at sea.

''(c) Driftnet Bounty System. - The Secretary, in consultation

with such other persons as may be appropriate, shall evaluate the

feasibility of and develop appropriate recommendations for the

implementation of a driftnet bounty system to pay persons who

retrieve from the exclusive economic zone and deposit with the

Secretary lost, abandoned, and discarded driftnet and other plastic

fishing material.

''(d) Driftnet Fishing Vessel Tracking System. - The Secretary,

in consultation with such other persons as may be appropriate,

shall evaluate the feasibility of, and develop appropriate

recommendations for, the establishment of a cooperative driftnet

fishing vessel tracking system to facilitate efforts to monitor the

location of driftnet fishing vessels.

''(e) Report. - The Secretary shall transmit to the Congress not

later than 18 months after the date of the enactment of this Act

(Dec. 29, 1987) a report setting forth -

''(1) the evaluations and recommendations developed under

subsections (a), (b), (c), and (d);

''(2) the most effective and appropriate means of implementing

such recommendations;

''(3) any need for further research and development efforts and

the estimated cost and time required for completion of such

efforts; and

''(4) any need for legislation to provide authority to carry

out such recommendations.

''SEC. 4008. CONSTRUCTION WITH OTHER LAWS.

''This title (this note) shall not serve or be construed to

expand or diminish the sovereign rights of the United States, as

stated by Presidential Proclamation Numbered 5030, dated March 10,

1983 (16 U.S.C. 1453 note), and reflected in existing law on the

date of the enactment of this Act (Dec. 29, 1987).

''SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated to the Department of

Commerce and the Department of State, such sums as may be necessary

to carry out the purposes of this title.''

(For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1821 of this title.

-CITE-

16 USC Sec. 1823 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1823. Congressional oversight of international fishery

agreements

-STATUTE-

(a) In general

No governing international fishery agreement, bycatch reduction

agreement, or Pacific Insular Area fishery agreement shall become

effective with respect to the United States before the close of the

first 120 days (excluding any days in a period for which the

Congress is adjourned sine die) after the date on which the

President transmits to the House of Representatives and to the

Senate a document setting forth the text of such governing

international fishery agreement, bycatch reduction agreement, or

Pacific Insular Area fishery agreement. A copy of the document

shall be delivered to each House of Congress on the same day and

shall be delivered to the Clerk of the House of Representatives, if

the House is not in session, and to the Secretary of the Senate, if

the Senate is not in session.

(b) Referral to committees

Any document described in subsection (a) of this section shall be

immediately referred in the House of Representatives to the

Committee on Merchant Marine and Fisheries, and in the Senate to

the Committees on Commerce, Science, and Transportation and on

Foreign Relations.

(c) Congressional procedures

(1) Rules of the House of Representatives and Senate

The provisions of this section are enacted by the Congress -

(A) as an exercise of the rulemaking power of the House of

Representatives and the Senate, respectively, and they are

deemed a part of the rules of each House, respectively, but

applicable only with respect to the procedure to be followed in

that House in the case of fishery agreement resolutions

described in paragraph (2), and they supersede other rules only

to the extent that they are inconsistent therewith; and

(B) with full recognition of the constitutional right of

either House to change the rules (so far as they relate to the

procedure of that House) at any time, and in the same manner

and to the same extent as in the case of any other rule of that

House.

(2) ''Fishery agreement resolution'' defined

For purposes of this subsection, the term ''fishery agreement

resolution'' refers to a joint resolution of either House of

Congress -

(A) the effect of which is to prohibit the entering into

force and effect of any governing international fishery

agreement, bycatch reduction agreement, or Pacific Insular Area

fishery agreement the text of which is transmitted to the

Congress pursuant to subsection (a) of this section; and

(B) which is reported from the Committee on Merchant Marine

and Fisheries of the House of Representatives or the Committee

on Commerce, Science, and Transportation or the Committee on

Foreign Relations of the Senate, not later than 45 days after

the date on which the document described in subsection (a) of

this section relating to that agreement is transmitted to the

Congress.

(3) Placement on calendar

Any fishery agreement resolution upon being reported shall

immediately be placed on the appropriate calendar.

(4) Floor consideration in the House

(A) A motion in the House of Representatives to proceed to the

consideration of any fishery agreement resolution shall be highly

privileged and not debatable. An amendment to the motion shall

not be in order, nor shall it be in order to move to reconsider

the vote by which the motion is agreed to or disagreed to.

(B) Debate in the House of Representatives on any fishery

agreement resolution shall be limited to not more than 10 hours,

which shall be divided equally between those favoring and those

opposing the resolution. A motion further to limit debate shall

not be debatable. It shall not be in order to move to recommit

any fishery agreement resolution or to move to reconsider the

vote by which any fishery agreement resolution is agreed to or

disagreed to.

(C) Motions to postpone, made in the House of Representatives

with respect to the consideration of any fishery agreement

resolution, and motions to proceed to the consideration of other

business, shall be decided without debate.

(D) All appeals from the decisions of the Chair relating to the

application of the Rules of the House of Representatives to the

procedure relating to any fishery agreement resolution shall be

decided without debate.

(E) Except to the extent specifically provided in the preceding

provisions of this subsection, consideration of any fishery

agreement resolution shall be governed by the Rules of the House

of Representatives applicable to other bills and resolutions in

similar circumstances.

(5) Floor consideration in the Senate

(A) A motion in the Senate to proceed to the consideration of

any fishery agreement resolution shall be privileged and not

debatable. An amendment to the motion shall not be in order, nor

shall it be in order to move to reconsider the vote by which the

motion is agreed to or disagreed to.

(B) Debate in the Senate on any fishery agreement resolution

and on all debatable motions and appeals in connection therewith

shall be limited to not more than 10 hours. The time shall be

equally divided between, and controlled by, the majority leader

and the minority leader or their designees.

(C) Debate in the Senate on any debatable motion or appeal in

connection with any fishery agreement resolution shall be limited

to not more than 1 hour, to be equally divided between, and

controlled by, the mover of the motion or appeal and the manager

of the resolution, except that if the manager of the resolution

is in favor of any such motion or appeal, the time in opposition

thereto shall be controlled by the minority leader or his

designee. The majority leader and the minority leader, or either

of them, may allot additional time to any Senator during the

consideration of any debatable motion or appeal, from time under

their control with respect to the applicable fishery agreement

resolution.

(D) A motion in the Senate to further limit debate is not

debatable. A motion to recommit any fishery agreement resolution

is not in order.

-SOURCE-

(Pub. L. 94-265, title II, Sec. 203, Apr. 13, 1976, 90 Stat. 340;

Pub. L. 103-437, Sec. 6(x), Nov. 2, 1994, 108 Stat. 4587; Pub. L.

104-297, title I, Sec. 105(c), Oct. 11, 1996, 110 Stat. 3564.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-297, Sec. 105(c)(1), substituted

''international'' for ''governing international'' in section

catchline.

Subsec. (a). Pub. L. 104-297, Sec. 105(c)(2), (3), inserted '',

bycatch reduction agreement, or Pacific Insular Area fishery

agreement'' after ''international fishery agreement'' in two places

and substituted ''120 days (excluding any days in a period for

which the Congress is adjourned sine die)'' for ''60 calendar days

of continuous session of the Congress''.

Subsec. (c). Pub. L. 104-297, Sec. 105(c)(4), (5), redesignated

subsec. (d) as (c) and struck out heading and text of former

subsec. (c). Text read as follows: ''For purposes of subsection (a)

of this section -

''(1) continuity of session is broken only by an adjournment of

Congress sine die; and

''(2) the days on which either House is not in session because

of an adjournment of more than 3 days to a day certain are

excluded in the computation of the 60-day period.''

Subsec. (c)(2)(A). Pub. L. 104-297, Sec. 105(c)(6), substituted

''agreement, bycatch reduction agreement, or Pacific Insular Area

fishery agreement'' for ''agreement''.

Subsec. (d). Pub. L. 104-297, Sec. 105(c)(5), redesignated

subsec. (d) as (c).

1994 - Subsec. (b). Pub. L. 103-437, Sec. 6(x)(1), substituted

''Commerce, Science, and Transportation and on'' for ''Commerce

and''.

Subsec. (d)(2)(B). Pub. L. 103-437, Sec. 6(x)(2), substituted

''Commerce, Science, and Transportation'' for ''Commerce''.

SHORT TITLE OF 1995 AMENDMENT

Pub. L. 104-43, title V, Sec. 501, Nov. 3, 1995, 109 Stat. 391,

provided that: ''This title (amending provisions set out below) may

be cited as the 'Sea of Okhotsk Fisheries Enforcement Act of

1995'.''

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC5-

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND

Pub. L. 105-384, title I, Sec. 101, Nov. 13, 1998, 112 Stat.

3451, provided that: ''Notwithstanding section 203 of the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1823), the governing international fishery agreement between the

Government of the United States of America and the Government of

the Republic of Poland, as contained in the message to Congress

from the President of the United States dated February 5, 1998, is

approved as a governing international fishery agreement for the

purposes of such Act (16 U.S.C. 1801 et seq.) and shall enter into

force and effect with respect to the United States on the date of

the enactment of this Act (Nov. 13, 1998).''

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH REPUBLIC OF ESTONIA

Pub. L. 102-587, title I, Sec. 1001, Nov. 4, 1992, 106 Stat.

5039, provided that the governing international fishery agreement

between the Government of the United States of America and the

Government of the Republic of Estonia, was approved by Congress as

a governing international fishery agreement for purposes of this

chapter and was to enter into force and effect with respect to the

United States on Nov. 4, 1992.

FISHERIES ENFORCEMENT IN CENTRAL BERING SEA AND CENTRAL SEA OF

OKHOTSK

Pub. L. 102-582, title III, Nov. 2, 1992, 106 Stat. 4906, as

amended by Pub. L. 104-43, title V, Sec. 502, Nov. 3, 1995, 109

Stat. 391; Pub. L. 104-208, div. A, title I, Sec. 101(a) (title

II, Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41, which

provided that this title was to be cited as the ''Central Bering

Sea Fisheries Enforcement Act of 1992'', prohibited vessels and

nationals of United States from conducting fishing operations in

Central Bering Sea and Central Sea of Okhotsk, except where such

fishing operations were conducted in accordance with international

fishery agreement to which United States and Russian Federation

were parties, further provided for civil penalties and permit

sanctions for violations of these provisions as well as authority

to deny port privileges for fishing in Central Bering Sea, further

authorized Secretary of Commerce to issue regulations restricting

fishing in United States exclusive economic zone, and further

provided for definition of terms and that this title would cease to

have force and effect after the date that is seven years after Nov.

2, 1992, except that any proceeding with respect to violations

occurring prior to such date was to be conducted as if these

provisions were still in effect.

NORTH PACIFIC AND BERING SEA FISHERIES ADVISORY BODY

Pub. L. 100-629, Sec. 5, Nov. 7, 1988, 102 Stat. 3287, provided

that:

''(a) In General. - The Secretary of State shall establish an

advisory body on the fisheries of the North Pacific and the Bering

Sea, which shall advise the United States representative to the

International Consultative Committee created in accordance with

Article XIV of the governing international fishery agreement

entered into between the United States and the Union of Soviet

Socialist Republics, as contained in the message to Congress from

the President of the United States dated June 22, 1988.

''(b) Membership. -

''(1) In General. - The advisory body established pursuant to

this section shall consist of 12 members, as follows:

''(A) The Director of the Department of Fisheries of the

State of Washington.

''(B) The Commission of the Department of Fish and Game of

the State of Alaska.

''(C) Five members appointed by the Secretary of State from

among persons nominated by the Governor of Alaska on the basis

of their knowledge and experience in commercial harvesting,

processing, or marketing of fishery resources.

''(D) Five members appointed by the Secretary of State from

among persons nominated by the Governor of Washington on the

basis of their knowledge and experience in commercial

harvesting, processing, or marketing of fishery resources.

''(2) Nominations. - The Governor of Alaska and the Governor of

Washington shall each nominate 10 persons for purposes of

paragraph (1).

''(c) Pay. - Members of the advisory body established pursuant to

this section shall receive no pay by reason of their service as

members of the advisory body.

''(d) Exemption From Federal Advisory Committee Act. - The

Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not

apply to an advisory body established pursuant to this section.''

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH RUSSIAN FEDERATION

Pub. L. 103-206, title VII, Sec. 701, Dec. 20, 1993, 107 Stat.

2446, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(a)

(title II, Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41,

provided that: ''The Agreement between the Government of the United

States of America and the Government of the Russian Federation on

Mutual Fisheries Relations which was entered into on May 31, 1988,

and which expired by its terms on October 28, 1993, may be brought

into force again for the United States through an exchange of notes

between the United States of America and the Russian Federation and

may remain in force and effect on the part of the United States

until May 1, 1994, and may be amended or extended by a subsequent

agreement to which section 203 of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1823) applies.''

Pub. L. 100-629, Sec. 1, Nov. 7, 1988, 102 Stat. 3286, provided

that the governing international fishery agreement entered into

between the Government of the United States and the Government of

the Union of Soviet Socialist Republics was approved by Congress

and was to enter into force and effect with respect to the United

States on Nov. 7, 1988.

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH GERMAN DEMOCRATIC

REPUBLIC

Pub. L. 100-350, Sec. 1, June 27, 1988, 102 Stat. 660, provided

that extension of governing international fishery agreement between

the Government of the United States of America and the Government

of the German Democratic Republic was approved by Congress as a

governing international fishery agreement for purposes of this

chapter, and was to enter into force and effect with respect to the

United States on June 27, 1988.

GOVERNING INTERNATIONAL FISHERY AGREEMENTS WITH ICELAND AND THE

EUROPEAN ECONOMIC COMMUNITY

Pub. L. 98-623, title I, Nov. 8, 1984, 98 Stat. 3394, as amended

by Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec.

211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that:

''Notwithstanding section 203 of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1823) (this section) -

''(1) the governing international fishery agreement between the

Government of the United States and the European Economic

Community Concerning Fisheries Off the Coasts of the United

States, as contained in the Message to Congress from the

President of the United States dated August 27, 1984, is hereby

approved by Congress as a governing international fishery

agreement for purposes of that Act (this chapter), and may enter

into force with respect to the United States in accordance with

the terms of Article XIX of the agreement after the date of the

enactment of this title (Nov. 8, 1984), upon signature of the

agreement by both parties; and

''(2) the governing international fishery agreement between the

Government of the United States and the Government of the

Republic of Iceland Concerning Fisheries Off the Coasts of the

United States, as contained in the message to Congress from the

President of the United States dated September 29, 1984, is

hereby approved by Congress as a governing international fishery

agreement for purposes of that Act (this chapter), and may enter

into force with respect to the United States in accordance with

the terms of Article XVI of the agreement after the date of the

enactment of this title (Nov. 8, 1984).''

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH FAROE ISLANDS AND

DENMARK

Pub. L. 98-498, title IV, Sec. 440, Oct. 19, 1984, 98 Stat. 2310,

as amended by Pub. L. 104-208, div. A, title I, Sec. 101(a) (title

II, Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided

that: ''Notwithstanding section 203 of the Magnuson-Stevens Fishery

Conservation and Management Act of 1976 (this section), the

Governing International Fishery Agreement between the Government of

the United States of America of the One Part and the Home

Government of the Faroe Islands and the Government of Denmark of

the Other Part Concerning Faroese Fishing in Fisheries Off the

Coasts of the United States, as contained in the message to

Congress from the President of the United States dated July 13,

1984 -

''(1) is approved by Congress as a governing international

fishery agreement for purposes of that Act (this chapter); and

''(2) may enter into force with respect to the United States in

accordance with the terms of Article XVI of the Agreement

following the enactment of this title (Oct. 19, 1984).''

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH JAPAN

Pub. L. 101-224, Sec. 7, Dec. 12, 1989, 103 Stat. 1907, provided

that the governing international fishery agreement entered into

between the Government of the United States and the Government of

Japan was approved by Congress and was to enter into force and

effect with respect to the United States on Dec. 12, 1989.

Pub. L. 100-220, title I, Sec. 1001, Dec. 29, 1987, 101 Stat.

1459, provided that the governing international fishery agreement

between the Government of the United States of America and the

Government of Japan Concerning Fisheries Off the Coasts of the

United States was approved by Congress as a governing international

fishery agreement for the purposes of this chapter, and was to

enter into force and effect with respect to the United States on

Dec. 29, 1987.

Pub. L. 97-389, title IV, Sec. 401, Dec. 29, 1982, 96 Stat. 1954,

provided that the governing international fishery agreement entered

into between the Government of the United States and the Government

of Japan pursuant to this chapter, signed at Washington on Sept.

10, 1982, was approved, and was effective on Jan. 1, 1983.

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH SPAIN

Pub. L. 97-389, title IV, Sec. 402, Dec. 29, 1982, 96 Stat. 1954,

provided for approval of the governing international fishery

agreement entered into between the Government of the United States

and the Government of Spain pursuant to this chapter.

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH PORTUGAL

Pub. L. 96-561, title I, Sec. 145, title II, Sec. 238(b), Dec.

22, 1980, 94 Stat. 3287, 3300, provided that the governing

international fishery agreement between the Government of the

United States of America and the Government of Portugal Concerning

Fisheries Off the Coasts of the United States was approved by

Congress as a governing international fishery agreement for the

purposes of this chapter, and was to enter into force and effect

with respect to the United States on Dec. 22, 1980.

EXTENSION OF INTERNATIONAL FISHERY AGREEMENTS

Pub. L. 100-66, Sec. 1, July 10, 1987, 101 Stat. 384, provided

that the governing international fishery agreement entered into

between the Government of the United States and the Government of

the Republic of Korea on July 26, 1982, was to remain in force and

effect with respect to the United States until the closing date of

the sixty-day period referred to in subsec. (a) of this section

that applied with respect to any new governing international

fishery agreement between the United States and the Republic of

Korea that was transmitted to the Congress under subsec. (a) of

this section after May 1, 1987, or Nov. 1, 1987, whichever was

earlier.

Pub. L. 98-364, title I, Sec. 106, July 17, 1984, 98 Stat. 442,

provided that upon certification by Secretary of State to President

of the Senate and Speaker of the House of Representatives that a

new governing international fishery agreement in conformity with

this chapter had been negotiated by the United States and the

European Economic Community, the existing governing international

fishery agreement referred to in section 2(a)(7) of Pub. L. 95-6,

formerly set out below, could be extended or reinstated and could

be in force and effect with respect to the United States, for the

period of time ending on the earlier of (1) the effective date of

the new governing international fishery agreement, or (2) Sept. 30,

1984.

Pub. L. 97-212, Sec. 10(b), June 30, 1982, 96 Stat. 148, provided

that the governing international fishery agreements referred to in

section 2(a)(9) and (10) of Pub. L. 95-6, formerly set out below,

were to be extended, and were to be in force and effect with

respect to the United States, for the period of time ending on the

deadline for completion of congressional review, pursuant to

subsec. (a) of this section, of any new governing international

fishery agreement signed, on or before July 31, 1982, by the United

States and the respective foreign government that was a party to

the agreement in question, or July 31, 1982, if the United States

and the respective foreign government that was a party to the

agreement in question failed to sign a new governing international

fishery agreement on or before that date.

CONGRESSIONAL APPROVAL OF CERTAIN GOVERNING INTERNATIONAL FISHERY

AGREEMENTS

Pub. L. 95-6, Sec. 2, Feb. 21, 1977, 91 Stat. 15, as amended by

Pub. L. 95-8, Sec. 1, Mar. 3, 1977, 91 Stat. 18; Pub. L. 95-219,

Sec. 1, Dec. 28, 1977, 91 Stat. 1613; Pub. L. 96-561, title II,

Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 97-212, Sec.

10(a), June 30, 1982, 96 Stat. 148; Pub. L. 98-44, title I, Sec.

105, July 12, 1983, 97 Stat. 217; Pub. L. 98-364, title I, Sec.

105, July 17, 1984, 98 Stat. 442, provided for the approval by

Congress, as a governing international fishery agreement for

purposes of this chapter, of the governing international fishery

agreement between -

(1) the Government of the United States and the Government of

the People's Republic of Bulgaria Concerning Fisheries Off the

Coasts of the United States;

(2) the Government of the United States and the Government of

the Socialist Republic of Romania Concerning Fisheries Off the

Coasts of the United States;

(3) the Government of the United States and the Government of

the Republic of China Concerning Fisheries Off the Coasts of the

United States;

(4) the Government of the United States and the Government of

the German Democratic Republic Concerning Fisheries Off the

Coasts of the United States;

(5) the Government of the United States and the Government of

the Union of Soviet Socialist Republics Concerning Fisheries Off

the Coasts of the United States;

(6) the Government of the United States and the Government of

the Polish People's Republic Concerning Fisheries Off the Coasts

of the United States;

(7) the Government of the United States and the European

Economic Community Concerning Fisheries Off the Coasts of the

United States;

(8) the Government of the United States and the Government of

Japan Concerning Fisheries Off the Coasts of the United States

(for 1977);

(9) the Government of the United States and the Government of

the Republic of Korea Concerning Fisheries Off the Coasts of the

United States;

(10) the Government of the United States and the Government of

Spain Concerning Fisheries Off the Coasts of the United States;

(11) the Government of the United States and the Government of

Mexico Concerning Fisheries Off the Coasts of the United States;

(12) the Government of the United States and the Government of

the Union of Soviet Socialist Republics referred to in par. (5),

as extended until July 1, 1983, pursuant to Diplomatic Notes;

(13) the American Institute in Taiwan and the Coordination

Council for North American Affairs;

(14) the Government of the United States and the Government of

the Polish People's Republic referred to in par. (6), as extended

until July 1, 1983, pursuant to Diplomatic Notes;

(15) the Government of the United States and the Government of

the Union of Soviet Socialist Republics referred to in par. (5),

as extended until Dec. 31, 1985, pursuant to Diplomatic Notes;

(16) the Government of the United States and the Government of

the Polish People's Republic referred to in par. (6), as extended

until Dec. 31, 1985, pursuant to Diplomatic Notes; and

(17) the Government of the United States and the Government of

the German Democratic Republic referred to in par. (4);

and provided further that the agreements referred to in pars. (1)

to (6) were to enter into force and effect with respect to the

United States on Feb. 21, 1977, that the agreements referred to in

pars. (7) to (11) were to enter into force and effect with respect

to the United States on Feb. 27, 1977, that the agreements referred

to in pars. (12) to (14) were to enter into force and effect with

respect to the United States on July 1, 1982, that the agreements

referred to in pars. (15) and (16) were to enter into force and

effect with respect to the United States on July 1, 1984, and that

the agreement referred to in par. (17) was to enter into force and

effect with respect to the United States on July 1, 1983.

RECIPROCAL FISHERIES AGREEMENT BETWEEN UNITED STATES AND CANADA

Pub. L. 95-6, Sec. 5, as added Pub. L. 95-73, July 27, 1977, 91

Stat. 283; amended Pub. L. 95-314, July 1, 1978, 92 Stat. 376; Pub.

L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300,

provided for congressional approval of the Reciprocal Fisheries

Agreement for 1978 between the Government of the United States and

the Government of Canada, and that the Agreement was to be in force

and effect with respect to the United States from Jan. 1, 1978,

until such later date in 1978 as was to be determined pursuant to

the terms of the Agreement.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1821, 1822, 1824, 1857 of

this title.

-CITE-

16 USC Sec. 1824 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1824. Permits for foreign fishing

-STATUTE-

(a) In general

After February 28, 1977, no foreign fishing vessel shall engage

in fishing within the exclusive economic zone, or for anadromous

species or Continental Shelf fishery resources beyond such zone,

unless such vessel has on board a valid permit issued under this

section for such vessel.

(b) Applications and permits under governing international fishery

agreements

(1) Eligibility; duration

Each foreign nation with which the United States has entered

into a governing international fishery agreement shall submit an

application to the Secretary of State each year for a permit for

each of its fishing vessels that wishes to engage in fishing

described in subsection (a) of this section. No permit issued

under this section may be valid for longer than a year; and

section 558(c) of title 5 does not apply to the renewal of any

such permit.

(2) Forms

The Secretary, in consultation with the Secretary of State and

the Secretary of the department in which the Coast Guard is

operating, shall prescribe the forms for permit applications

submitted under this subsection and for permits issued pursuant

to any such application.

(3) Contents

Any application made under this subsection shall specify -

(A) the name and official number or other identification of

each fishing vessel for which a permit is sought, together with

the name and address of the owner thereof;

(B) the tonnage, hold capacity, speed, processing equipment,

type and quantity of fishing gear, and such other pertinent

information with respect to characteristics of each such vessel

as the Secretary may require;

(C) each fishery in which each such vessel wishes to fish;

(D) the estimated amount of tonnage of fish which will be

caught, taken, or harvested in each such fishery by each such

vessel during the time the permit is in force;

(E) the amount or tonnage of United States harvested fish, if

any, which each such vessel proposes to receive at sea from

vessels of the United States;

(F) the ocean area in which, and the season or period during

which, such fishing will be conducted; and

(G) all applicable vessel safety standards imposed by the

foreign country, and shall include written certification that

the vessel is in compliance with those standards;

and shall include any other pertinent information and material

which the Secretary may require.

(4) Transmittal for action

Upon receipt of any application which complies with the

requirements of paragraph (3), the Secretary of State shall

publish a notice of receipt of the application in the Federal

Register. Any such notice shall summarize the contents of the

applications from each nation included therein with respect to

the matters described in paragraph (3). The Secretary of State

shall promptly transmit -

(A) such application, together with his comments and

recommendations thereon, to the Secretary;

(B) a copy of the application to the Secretary of the

department in which the Coast Guard is operating; and

(C) a copy or a summary of the application to the appropriate

Council.

(5) Action by Council

After receiving a copy or summary of an application under

paragraph (4)(C), the Council may prepare and submit to the

Secretary such written comments on the application as it deems

appropriate. Such comments shall be submitted within 45 days

after the date on which the application is received by the

Council and may include recommendations with respect to approval

of the application and, if approval is recommended, with respect

to appropriate conditions and restrictions thereon. Any

interested person may submit comments to such Council with

respect to any such application. The Council shall consider any

such comments in formulating its submission to the Secretary.

(6) Approval

(A) After receipt of any application transmitted under

paragraph (4)(A), the Secretary shall consult with the Secretary

of State and, with respect to enforcement, with the Secretary of

the department in which the Coast Guard is operating. The

Secretary, after taking into consideration the views and

recommendations of such Secretaries, and any comments submitted

by any Council under paragraph (5), may approve, subject to

subparagraph (B), the application, if he determines that the

fishing described in the application will meet the requirements

of this chapter, or he may disapprove all or any portion of the

application.

(B)(i) In the case of any application which specifies that one

or more foreign fishing vessels propose to receive at sea United

States harvested fish from vessels of the United States, the

Secretary may approve the application unless the Secretary

determines, on the basis of the views, recommendations, and

comments referred to in subparagraph (A) and other pertinent

information, that United States fish processors have adequate

capacity, and will utilize such capacity, to process all United

States harvested fish from the fishery concerned.

(ii) The amount or tonnage of United States harvested fish

which may be received at sea during any year by foreign fishing

vessels under permits approved under this paragraph may not

exceed that portion of the optimum yield of the fishery concerned

which will not be utilized by United States fish processors.

(iii) In deciding whether to approve any application under this

subparagraph, the Secretary may take into account, with respect

to the foreign nation concerned, such other matters as the

Secretary deems appropriate.

(7) Establishment of conditions and restrictions

The Secretary shall establish conditions and restrictions which

shall be included in each permit issued pursuant to any

application approved under paragraph (6) or subsection (d) of

this section and which must be complied with by the owner or

operator of the fishing vessel for which the permit is issued.

Such conditions and restrictions shall include the following:

(A) All of the requirements of any applicable fishery

management plan, or preliminary fishery management plan, and

any applicable Federal or State fishing regulations.

(B) The requirement that no permit may be used by any vessel

other than the fishing vessel for which it is issued.

(C) The requirements described in section 1821(c)(1), (2),

and (3) of this title.

(D) If the permit is issued other than pursuant to an

application approved under paragraph (6)(B) or subsection (d)

of this section, the restriction that the foreign fishing

vessel may not receive at sea United States harvested fish from

vessels of the United States.

(E) If the permit is issued pursuant to an application

approved under paragraph (6)(B), the maximum amount or tonnage

of United States harvested fish which may be received at sea

from vessels of the United States.

(F) Any other condition and restriction related to fishery

conservation and management which the Secretary prescribes as

necessary and appropriate.

(8) Notice of approval

The Secretary shall promptly transmit a copy of each

application approved under paragraph (6) and the conditions and

restrictions established under paragraph (7) to -

(A) the Secretary of State for transmittal to the foreign

nation involved;

(B) the Secretary of the department in which the Coast Guard

is operating; and

(C) any Council which has authority over any fishery

specified in such application.

(9) Disapproval of applications

If the Secretary does not approve any application submitted by

a foreign nation under this subsection, he shall promptly inform

the Secretary of State of the disapproval and his reasons

therefore. The Secretary of State shall notify such foreign

nation of the disapproval and the reasons therefor. Such foreign

nation, after taking into consideration the reasons for

disapproval, may submit a revised application under this

subsection.

(10) Fees

(A) Fees shall be paid to the Secretary by the owner or

operator of any foreign fishing vessel for which a permit has

been issued pursuant to this section. The Secretary, in

consultation with the Secretary of State, shall establish a

schedule of reasonable fees that shall apply nondiscriminatorily

to each foreign nation.

(B) Amounts collected by the Secretary under this paragraph

shall be deposited in the general fund of the Treasury.

(11) Issuance of permits

If a foreign nation notifies the Secretary of State of its

acceptance of the conditions and restrictions established by the

Secretary under paragraph (7), the Secretary of State shall

promptly transmit such notification to the Secretary. Upon

payment of the applicable fees established pursuant to paragraph

(10), the Secretary shall thereupon issue to such foreign nation,

through the Secretary of State, permits for the appropriate

fishing vessels of that nation. Each permit shall contain a

statement of all conditions and restrictions established under

paragraph (7) which apply to the fishing vessel for which the

permit is issued.

(c) Registration permits

The Secretary of State, in cooperation with the Secretary, shall

issue annually a registration permit for each fishing vessel of a

foreign nation which is a party to an international fishery

agreement under which foreign fishing is authorized by section

1821(b) of this title and which wishes to engage in fishing

described in subsection (a) of this section. Each such permit

shall set forth the terms and conditions contained in the agreement

that apply with respect to such fishing, and shall include the

additional requirement that the owner or operator of the fishing

vessel for which the permit is issued shall prominently display

such permit in the wheelhouse of such vessel and show it, upon

request, to any officer authorized to enforce the provisions of

this chapter (as provided for in section 1861 of this title). The

Secretary of State, after consultation with the Secretary and the

Secretary of the department in which the Coast Guard is operating,

shall prescribe the form and manner in which applications for

registration permits may be made, and the forms of such permits.

The Secretary of State may establish, require the payment of, and

collect fees for registration permits; except that the level of

such fees shall not exceed the administrative costs incurred by him

in issuing such permits.

(d) Transshipment permits

(1) Authority to issue permits

The Secretary may issue a transshipment permit under this

subsection which authorizes a vessel other than a vessel of the

United States to engage in fishing consisting solely of

transporting fish or fish products at sea from a point within the

exclusive economic zone or, with the concurrence of a State,

within the boundaries of that State, to a point outside the

United States to any person who -

(A) submits an application which is approved by the Secretary

under paragraph (3); and

(B) pays a fee imposed under paragraph (7).

(2) Transmittal

Upon receipt of an application for a permit under this

subsection, the Secretary shall promptly transmit copies of the

application to the Secretary of State, Secretary of the

department in which the Coast Guard is operating, any appropriate

Council, and any affected State.

(3) Approval of application

The Secretary may approve, in consultation with the appropriate

Council or Marine Fisheries Commission, an application for a

permit under this section if the Secretary determines that -

(A) the transportation of fish or fish products to be

conducted under the permit, as described in the application,

will be in the interest of the United States and will meet the

applicable requirements of this chapter;

(B) the applicant will comply with the requirements described

in section 1821(c)(2) of this title with respect to activities

authorized by any permit issued pursuant to the application;

(C) the applicant has established any bonds or financial

assurances that may be required by the Secretary; and

(D) no owner or operator of a vessel of the United States

which has adequate capacity to perform the transportation for

which the application is submitted has indicated to the

Secretary an interest in performing the transportation at fair

and reasonable rates.

(4) Whole or partial approval

The Secretary may approve all or any portion of an application

under paragraph (3).

(5) Failure to approve application

If the Secretary does not approve any portion of an application

submitted under paragraph (1), the Secretary shall promptly

inform the applicant and specify the reasons therefor.

(6) Conditions and restrictions

The Secretary shall establish and include in each permit under

this subsection conditions and restrictions, including those

conditions and restrictions set forth in subsection (b)(7) of

this section, which shall be complied with by the owner and

operator of the vessel for which the permit is issued.

(7) Fees

The Secretary shall collect a fee for each permit issued under

this subsection, in an amount adequate to recover the costs

incurred by the United States in issuing the permit, except that

the Secretary shall waive the fee for the permit if the foreign

nation under which the vessel is registered does not collect a

fee from a vessel of the United States engaged in similar

activities in the waters of such foreign nation.

(e) Pacific Insular Areas

(1) Negotiation of Pacific Insular Area fishery agreements

The Secretary of State, with the concurrence of the Secretary

and in consultation with any appropriate Council, may negotiate

and enter into a Pacific Insular Area fishery agreement to

authorize foreign fishing within the exclusive economic zone

adjacent to a Pacific Insular Area -

(A) in the case of American Samoa, Guam, or the Northern

Mariana Islands, at the request and with the concurrence of,

and in consultation with, the Governor of the Pacific Insular

Area to which such agreement applies; and

(B) in the case of a Pacific Insular Area other than American

Samoa, Guam, or the Northern Mariana Islands, at the request of

the Western Pacific Council.

(2) Agreement terms and conditions

A Pacific Insular Area fishery agreement -

(A) shall not be considered to supersede any governing

international fishery agreement currently in effect under this

chapter, but shall provide an alternative basis for the conduct

of foreign fishing within the exclusive economic zone adjacent

to Pacific Insular Areas;

(B) shall be negotiated and implemented consistent only with

the governing international fishery agreement provisions of

this subchapter specifically made applicable in this

subsection;

(C) may not be negotiated with a nation that is in violation

of a governing international fishery agreement in effect under

this chapter;

(D) shall not be entered into if it is determined by the

Governor of the applicable Pacific Insular Area with respect to

agreements initiated under paragraph (1)(A), or the Western

Pacific Council with respect to agreements initiated under

paragraph (1)(B), that such an agreement will adversely affect

the fishing activities of the indigenous people of such Pacific

Insular Area;

(E) shall be valid for a period not to exceed three years and

shall only become effective according to the procedures in

section 1823 of this title; and

(F) shall require the foreign nation and its fishing vessels

to comply with the requirements of paragraphs (1), (2), (3) and

(4)(A) of section 1821(c) of this title, section 1821(d) of

this title, and section 1821(h) of this title.

(3) Permits for foreign fishing

(A) Application for permits for foreign fishing authorized

under a Pacific Insular Areas fishing agreement shall be made,

considered and approved or disapproved in accordance with

paragraphs (3), (4), (5), (6), (7)(A) and (B), (8), and (9) of

subsection (b) of this section, and shall include any conditions

and restrictions established by the Secretary in consultation

with the Secretary of State, the Secretary of the department in

which the Coast Guard is operating, the Governor of the

applicable Pacific Insular Area, and the appropriate Council.

(B) If a foreign nation notifies the Secretary of State of its

acceptance of the requirements of this paragraph, paragraph

(2)(F), and paragraph (5), including any conditions and

restrictions established under subparagraph (A), the Secretary of

State shall promptly transmit such notification to the Secretary.

Upon receipt of any payment required under a Pacific Insular Area

fishing agreement, the Secretary shall thereupon issue to such

foreign nation, through the Secretary of State, permits for the

appropriate fishing vessels of that nation. Each permit shall

contain a statement of all of the requirements, conditions, and

restrictions established under this subsection which apply to the

fishing vessel for which the permit is issued.

(4) Marine conservation plans

(A) Prior to entering into a Pacific Insular Area fishery

agreement, the Western Pacific Council and the appropriate

Governor shall develop a 3-year marine conservation plan

detailing uses for funds to be collected by the Secretary

pursuant to such agreement. Such plan shall be consistent with

any applicable fishery management plan, identify conservation and

management objectives (including criteria for determining when

such objectives have been met), and prioritize planned marine

conservation projects. Conservation and management objectives

shall include, but not be limited to -

(i) establishment of Pacific Insular Area observer programs,

approved by the Secretary in consultation with the Western

Pacific Council, that provide observer coverage for foreign

fishing under Pacific Insular Area fishery agreements that is

at least equal in effectiveness to the program established by

the Secretary under section 1821(h) of this title;

(ii) conduct of marine and fisheries research, including

development of systems for information collection, analysis,

evaluation, and reporting;

(iii) conservation, education, and enforcement activities

related to marine and coastal management, such as living marine

resource assessments, habitat monitoring and coastal studies;

(iv) grants to the University of Hawaii for technical

assistance projects by the Pacific Island Network, such as

education and training in the development and implementation of

sustainable marine resources development projects, scientific

research, and conservation strategies; and

(v) western Pacific community-based demonstration projects

under section 112(b) of the Sustainable Fisheries Act and other

coastal improvement projects to foster and promote the

management, conservation, and economic enhancement of the

Pacific Insular Areas.

(B) In the case of American Samoa, Guam, and the Northern

Mariana Islands, the appropriate Governor, with the concurrence

of the Western Pacific Council, shall develop the marine

conservation plan described in subparagraph (A) and submit such

plan to the Secretary for approval. In the case of other Pacific

Insular Areas, the Western Pacific Council shall develop and

submit the marine conservation plan described in subparagraph (A)

to the Secretary for approval.

(C) If a Governor or the Western Pacific Council intends to

request that the Secretary of State renew a Pacific Insular Area

fishery agreement, a subsequent 3-year plan shall be submitted to

the Secretary for approval by the end of the second year of the

existing 3-year plan.

(5) Reciprocal conditions

Except as expressly provided otherwise in this subsection, a

Pacific Insular Area fishing agreement may include terms similar

to the terms applicable to United States fishing vessels for

access to similar fisheries in waters subject to the fisheries

jurisdiction of another nation.

(6) Use of payments by American Samoa, Guam, Northern Mariana

Islands

Any payments received by the Secretary under a Pacific Insular

Area fishery agreement for American Samoa, Guam, or the Northern

Mariana Islands shall be deposited into the United States

Treasury and then covered over to the Treasury of the Pacific

Insular Area for which those funds were collected. Amounts

deposited in the Treasury of a Pacific Insular Area shall be

available, without appropriation or fiscal year limitation, to

the Governor of the Pacific Insular Area -

(A) to carry out the purposes of this subsection;

(B) to compensate (i) the Western Pacific Council for

mutually agreed upon administrative costs incurred relating to

any Pacific Insular Area fishery agreement for such Pacific

Insular Area, and (ii) the Secretary of State for mutually

agreed upon travel expenses for no more than 2 Federal

representatives incurred as a direct result of complying with

paragraph (1)(A); and

(C) to implement a marine conservation plan developed and

approved under paragraph (4).

(7) Western Pacific Sustainable Fisheries Fund

There is established in the United States Treasury a Western

Pacific Sustainable Fisheries Fund into which any payments

received by the Secretary under a Pacific Insular Area fishery

agreement for any Pacific Insular Area other than American Samoa,

Guam, or the Northern Mariana Islands shall be deposited. The

Western Pacific Sustainable Fisheries Fund shall be made

available, without appropriation or fiscal year limitation, to

the Secretary, who shall provide such funds only to -

(A) the Western Pacific Council for the purpose of carrying

out the provisions of this subsection, including implementation

of a marine conservation plan approved under paragraph (4);

(B) the Secretary of State for mutually agreed upon travel

expenses for no more than 2 Federal representatives incurred as

a direct result of complying with paragraph (1)(B); and

(C) the Western Pacific Council to meet conservation and

management objectives in the State of Hawaii if monies remain

in the Western Pacific Sustainable Fisheries Fund after the

funding requirements of subparagraphs (A) and (B) have been

satisfied.

Amounts deposited in such fund shall not diminish funding

received by the Western Pacific Council for the purpose of

carrying out other responsibilities under this chapter.

(8) Use of fines and penalties

In the case of violations occurring within the exclusive

economic zone off American Samoa, Guam, or the Northern Mariana

Islands, amounts received by the Secretary which are attributable

to fines or penalties imposed under this chapter, including such

sums collected from the forfeiture and disposition or sale of

property seized subject to its authority, after payment of direct

costs of the enforcement action to all entities involved in such

action, shall be deposited into the Treasury of the Pacific

Insular Area adjacent to the exclusive economic zone in which the

violation occurred, to be used for fisheries enforcement and for

implementation of a marine conservation plan under paragraph (4).

-SOURCE-

(Pub. L. 94-265, title II, Sec. 204, Apr. 13, 1976, 90 Stat. 342;

Pub. L. 95-354, Sec. 4(5)-(8), Aug. 28, 1978, 92 Stat. 520, 521;

Pub. L. 96-470, title I, Sec. 111(b), title II, Sec. 208, Oct. 19,

1980, 94 Stat. 2239, 2245; Pub. L. 96-561, title II, Sec. 232, Dec.

22, 1980, 94 Stat. 3298; Pub. L. 97-453, Sec. 3, Jan. 12, 1983, 96

Stat. 2483; Pub. L. 99-272, title VI, Sec. 6021, Apr. 7, 1986, 100

Stat. 123; Pub. L. 99-659, title I, Sec. 101(c)(2), 102, 103(b),

Nov. 14, 1986, 100 Stat. 3707, 3709; Pub. L. 101-627, title I, Sec.

106, 120(b), Nov. 28, 1990, 104 Stat. 4440, 4459; Pub. L. 102-251,

title III, Sec. 301(f), Mar. 9, 1992, 106 Stat. 64; Pub. L.

104-297, title I, Sec. 105(d), Oct. 11, 1996, 110 Stat. 3564.)

-STATAMEND-

AMENDMENT OF SUBSECTION (A)

Pub. L. 102-251, title III, Sec. 301(f), 308, Mar. 9, 1992, 106

Stat. 64, 66, provided that, effective on the date on which the

Agreement between the United States and the Union of Soviet

Socialist Republics on the Maritime Boundary, signed June 1,

1990, enters into force for the United States, with authority to

prescribe implementing regulations effective Mar. 9, 1992, but

with no such regulation to be effective until the date on which

the Agreement enters into force for the United States, subsection

(a) is amended by inserting ''within the special areas,'' before

''or for anadromous species'' and ''or areas'' after ''such

zone''.

-REFTEXT-

REFERENCES IN TEXT

Section 112(b) of the Sustainable Fisheries Act, referred to in

subsec. (e)(4)(A)(v), is section 112(b) of Pub. L. 104-297, which

amended section 1856 of this title. The reference probably should

have been to section 111(b) of Pub. L. 104-297 which relates to

western Pacific demonstration projects and is set out as a note

under section 1855 of this title.

-MISC2-

AMENDMENTS

1996 - Subsec. (b)(7). Pub. L. 104-297, Sec. 105(d)(1), inserted

''or subsection (d) of this section'' after ''under paragraph (6)''

in introductory provisions.

Subsec. (b)(7)(A). Pub. L. 104-297, Sec. 105(d)(2), substituted

''any applicable Federal or State fishing regulations'' for ''the

regulations promulgated to implement any such plan''.

Subsec. (b)(7)(D). Pub. L. 104-297, Sec. 105(d)(3), inserted ''or

subsection (d) of this section'' after ''under paragraph (6)(B)''.

Subsecs. (d), (e). Pub. L. 104-297, Sec. 105(d)(4), added

subsecs. (d) and (e).

1990 - Subsec. (b)(4)(C). Pub. L. 101-627, Sec. 120(b),

substituted ''Council'' for ''council''.

Subsec. (b)(10). Pub. L. 101-627, Sec. 106(a), amended par. (10)

generally. Prior to amendment, par. (10) consisted of subpars. (A)

to (F) relating to schedule of fees to be paid for permits for

foreign fishing vessels, ratios for determining minimum fees,

review and notice to Congress of performance by nations receiving

allocations, factors included and excluded in cost of carrying out

this chapter, use of amounts collected in fees, and deposit into

general fund of United States Treasury of a determined amount.

Subsec. (b)(12). Pub. L. 101-627, Sec. 106(b), struck out par.

(12) which related to sanctions for violation of section 1857 of

this title or for failure to pay civil penalty under section 1858

of this title or criminal fine under section 1859 of this title.

See section 1858(g) of this title.

1986 - Subsec. (a). Pub. L. 99-659, Sec. 101(c)(2), substituted

''exclusive economic zone'' for ''fishery conservation zone''.

Subsec. (b)(1). Pub. L. 99-659, Sec. 102(1), inserted provision

that no permit issued under this section may be valid for longer

than a year, with section 558(c) of title 5 inapplicable to the

renewal of any such permit.

Subsec. (b)(3)(G). Pub. L. 99-659, Sec. 103(b), added subpar.

(G).

Subsec. (b)(4)(C). Pub. L. 99-659, Sec. 102(2), struck out '',

upon its request'' before period at end.

Subsec. (b)(6)(A). Pub. L. 99-659, Sec. 102(3), inserted '', or

he may disapprove all or any portion of the application''.

Subsec. (b)(10). Pub. L. 99-272 amended par. (10) generally.

Prior to amendment, par. (10) read as follows: ''Fees shall be paid

to the Secretary by the owner or operator of any foreign fishing

vessel for which a permit is issued pursuant to this subsection.

The Secretary, in consultation with the Secretary of State, shall

establish a schedule of such fees which shall apply

nondiscriminatorily to each foreign nation. The fees imposed under

this paragraph shall be at least in an amount sufficient to return

to the United States an amount which bears to the total cost of

carrying out the provisions of this chapter (including, but not

limited to, fishery conservation and management, fisheries

research, administration, and enforcement, but excluding costs for

observers covered by surcharges under section 1821(i)(4) of this

title) during each fiscal year the same ratio as the aggregate

quantity of fish harvested by foreign fishing vessels within the

fishery conservation zone during the preceding year bears to the

aggregate quantity of fish harvested by both foreign and domestic

fishing vessels within such zone and the territorial waters of the

United States during such preceding year. The amount collected by

the Secretary under this paragraph shall be transferred to the

fisheries loan fund established under section 742c of this title

for so long as such fund exists and used of the purpose of making

loans therefrom, but only to the extent and in amounts provided for

in advance in appropriation Acts.''

Subsec. (b)(10)(B), (C). Pub. L. 99-659, Sec. 101(c)(2),

substituted ''exclusive economic zone'' for ''fishery conservation

zone''.

Subsec. (b)(12). Pub. L. 99-659, Sec. 102(4), amended par. (12)

generally. Prior to amendment, par. (12) read as follows: ''If any

foreign fishing vessel for which a permit has been issued pursuant

to this subsection has been used in the commission of any act

prohibited by section 1857 of this title the Secretary may, or if

any civil penalty imposed under section 1858 of this title or any

criminal fine imposed under section 1859 of this title has not been

paid and is overdue the Secretary shall -

''(A) revoke such permit, with or without prejudice to the

right of the foreign nation involved to obtain a permit for such

vessel in any subsequent year;

''(B) suspend such permit for the period of time deemed

appropriate; or

''(C) impose additional conditions and restrictions on the

approved application of the foreign nation involved and on any

permit issued under such application.

Any permit which is suspended under this paragraph for nonpayment

of a civil penalty shall be reinstated by the Secretary upon the

payment of such civil penalty together with interest thereon at the

prevailing rate.''

1983 - Subsec. (b)(3)(B). Pub. L. 97-453, Sec. 3(1), inserted

''hold'' before ''capacity''.

Subsec. (b)(4). Pub. L. 97-453, Sec. 3(2), struck out ''and shall

be set forth under the name of each Council to which it will be

transmitted for comment'' after ''in paragraph (3)''.

Subsec. (b)(4)(B). Pub. L. 97-453, Sec. 3(3), struck out ''to

each appropriate Council and'' after ''application''.

Subsec. (b)(4)(C). Pub. L. 97-453, Sec. 3(3), substituted ''a

copy or a summary of the application to the appropriate council,

upon its request'' for ''a monthly summary of foreign fishing

applications including a report on approved applications as

described in paragraphs (6) and (7) to the Committee on Merchant

Marine and Fisheries of the House of Representatives and to the

Committees on Commerce and Foreign Relations of the Senate''.

Subsec. (b)(5). Pub. L. 97-453, Sec. 3(4), substituted ''After

receiving a copy or summary of an application under paragraph

(4)(C), the Council may'' for ''After receipt of an application

transmitted under paragraph (4)(B), each appropriate Council

shall''.

1980 - Subsec. (b)(4)(C). Pub. L. 96-470, Sec. 208, substituted

''a monthly summary of foreign fishing applications including a

report on approval applications as described in paragraph (6) and

(7)'' for ''a copy of such material''.

Subsec. (b)(8)(D). Pub. L. 96-470, Sec. 111(b), struck out

subpar. (D) which required the Secretary to promptly transmit a

copy of each application to the Committee on Merchant Marine and

Fisheries of the House of Representatives and the Committees on

Commerce and Foreign Relations of the Senate.

Subsec. (b)(10). Pub. L. 96-561, Sec. 232(b), substituted

provision directing that fees imposed under this paragraph be at

least in an amount sufficient to return to the United States an

amount which bears to the total cost of carrying out the provisions

of this chapter, including, but not limited to, fishery

conservation and management, fisheries research, administration,

and enforcement, but excluding costs for observers covered by

surcharges under section 1821(i)(4) of this title, during each

fiscal year, the same ratio as the aggregate quantity of fish

harvested by foreign fishing vessels within the fishery

conservation zone during the preceding year bears to the aggregate

quantity of fish harvested by both foreign and domestic fishing

vessels within such zone and the territorial waters of the United

States during such preceding year and that the fees collected for

permits issued after 1981 be transferred to the fisheries loan fund

for provision directing that fees be formulated so as to ensure

that receipts resulting from payments for fees issued for 1981 are

not less than an amount equal to 7 percent of the ex vessel value

of the total harvest by foreign fishing vessels in the fishery

conservation zone during 1979 and that the fees collected for

permits issued for 1981 be transferred to the fisheries loan fund.

Pub. L. 96-561, Sec. 232(a), substituted provision directing that

fees be formulated so as to ensure that receipts resulting from

payments for fees issued for 1981 are not less than an amount equal

to 7 percent of the ex vessel value of the total harvest by foreign

fishing vessels in the fishery conservation zone during 1979 and

that the fees collected for permits issued for 1981 be transferred

to the fisheries loan fund for provision permitting the Secretary,

in determining the level of fees, to take into account the cost of

carrying out the provisions of this chapter with respect to foreign

fishing, including, but not limited to, the cost of fishery

conservation and management, fisheries research, administration,

and enforcement.

1978 - Subsec. (b)(3)(D) to (F). Pub. L. 95-354, Sec. 4(5), in

subpar. (D) substituted provisions relating to estimation of amount

of tonnage which will be caught, taken, or harvested, for

provisions relating to the amount of fish or tonnage of catch

contemplated for each vessel, added subpar. (E), and redesignated

former subpar. (E) as (F).

Subsec. (b)(4). Pub. L. 95-354, Sec. 4(6), substituted provisions

relating to publication of the notice of receipt of the application

in the Federal Register, for provisions relating to publication of

the application in the Federal Register.

Subsec. (b)(6). Pub. L. 95-354, Sec. 4(7), redesignated existing

provisions as subpar. (A) inserted reference to subpar. (B), and

added subpar. (B).

Subsec. (b)(7)(D) to (F). Pub. L. 95-354, Sec. 4(8), added

subpars. (D) and (E) and redesignated former subpar. (D) as (F).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement

between United States and Union of Soviet Socialist Republics on

the Maritime Boundary, signed June 1, 1990, enters into force for

United States, with authority to prescribe implementing regulations

effective Mar. 9, 1992, but with no such regulation to be effective

until date on which Agreement enters into force for United States,

see section 308 of Pub. L. 102-251, set out as a note under section

773 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 232(a) of Pub. L. 96-561 provided that the amendment made

by that section is effective with respect to permits issued under

subsec. (b) of this section for 1981.

Section 232(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective with respect to permits issued under

subsec. (b) of this section after 1981.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1371, 1383a, 1387, 1821,

1822, 1825, 1852, 1853, 1856, 1857, 1861 of this title; title 22

section 1980.

-CITE-

16 USC Sec. 1825 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1825. Import prohibitions

-STATUTE-

(a) Determinations by Secretary of State

If the Secretary of State determines that -

(1) he has been unable, within a reasonable period of time, to

conclude with any foreign nation an international fishery

agreement allowing fishing vessels of the United States equitable

access to fisheries over which that nation asserts exclusive

fishery management authority, including fisheries for tuna

species, as recognized by the United States, in accordance with

fishing activities of such vessels, if any, and under terms not

more restrictive than those established under sections 1821(c)

and (d) and 1824(b)(7) and (10) of this title, because such

nation has (A) refused to commence negotiations, or (B) failed to

negotiate in good faith;

(2) any foreign nation is not allowing fishing vessels of the

United States to engage in fishing for tuna species in accordance

with an applicable international fishery agreement, whether or

not such nation is a party thereto;

(3) any foreign nation is not complying with its obligations

under any existing international fishery agreement concerning

fishing by fishing vessels of the United States in any fishery

over which that nation asserts exclusive fishery management

authority; or

(4) any fishing vessel of the United States, while fishing in

waters beyond any foreign nation's territorial sea, to the extent

that such sea is recognized by the United States, is seized by

any foreign nation -

(A) in violation of an applicable international fishery

agreement;

(B) without authorization under an agreement between the

United States and such nation; or

(C) as a consequence of a claim of jurisdiction which is not

recognized by the United States;

he shall certify such determination to the Secretary of the

Treasury.

(b) Prohibitions

Upon receipt of any certification from the Secretary of State

under subsection (a) of this section, the Secretary of the Treasury

shall immediately take such action as may be necessary and

appropriate to prohibit the importation into the United States -

(1) of all fish and fish products from the fishery involved, if

any; and

(2) upon recommendation of the Secretary of State, such other

fish or fish products, from any fishery of the foreign nation

concerned, which the Secretary of State finds to be appropriate

to carry out the purposes of this section.

(c) Removal of prohibition

If the Secretary of State finds that the reasons for the

imposition of any import prohibition under this section no longer

prevail, the Secretary of State shall notify the Secretary of the

Treasury, who shall promptly remove such import prohibition.

(d) Definitions

As used in this section -

(1) The term ''fish'' includes any highly migratory species.

(2) The term ''fish products'' means any article which is

produced from or composed of (in whole or in part) any fish.

-SOURCE-

(Pub. L. 94-265, title II, Sec. 205, Apr. 13, 1976, 90 Stat. 345;

Pub. L. 101-627, title I, Sec. 105(b)(1), Nov. 28, 1990, 104 Stat.

4440.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-627, Sec. 105(b)(1)(A),

inserted ''including fisheries for tuna species,'' after

''authority,'' and struck out ''traditional'' after ''in accordance

with''.

Subsec. (a)(2). Pub. L. 101-627, Sec. 105(b)(1)(B), substituted

''tuna'' for ''highly migratory''.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 105(b)(2) of Pub. L. 101-627 provided that: ''The

amendments made by this subsection (amending this section) shall

take effect on January 1, 1992.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 972c, 973a of this title.

-CITE-

16 USC Sec. 1826 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1826. Large-scale driftnet fishing

-STATUTE-

(a) Short title

This section incorporates and expands upon provisions of the

Driftnet Impact Monitoring, Assessment, and Control Act of 1987 and

may be cited as the ''Driftnet Act Amendments of 1990''.

(b) Findings

The Congress finds that -

(1) the continued widespread use of large-scale driftnets

beyond the exclusive economic zone of any nation is a destructive

fishing practice that poses a threat to living marine resources

of the world's oceans, including but not limited to the North and

South Pacific Ocean and the Bering Sea;

(2) the use of large-scale driftnets is expanding into new

regions of the world's oceans, including the Atlantic Ocean and

Caribbean Sea;

(3) there is a pressing need for detailed and reliable

information on the number of seabirds, sea turtles, nontarget

fish, and marine mammals that become entangled and die in

actively fished large-scale driftnets and in large-scale

driftnets that are lost, abandoned, or discarded;

(4) increased efforts, including reliable observer data and

enforcement mechanisms, are needed to monitor, assess, control,

and reduce the adverse impact of large-scale driftnet fishing on

living marine resources;

(5) the nations of the world have agreed in the United Nations,

through General Assembly Resolution Numbered 44-225, approved

December 22, 1989, by the General Assembly, that a moratorium

should be imposed by June 30, 1992, on the use of large-scale

driftnets beyond the exclusive economic zone of any nation;

(6) the nations of the South Pacific have agreed to a

moratorium on the use of large-scale driftnets in the South

Pacific through the Convention for the Prohibition of Fishing

with Long Driftnets in the South Pacific, which was agreed to in

Wellington, New Zealand, on November 29, 1989; and

(7) increasing population pressures and new knowledge of the

importance of living marine resources to the health of the global

ecosystem demand that greater responsibility be exercised by

persons fishing or developing new fisheries beyond the exclusive

economic zone of any nation.

(c) Policy

It is declared to be the policy of the Congress in this section

that the United States should -

(1) implement the moratorium called for by the United Nations

General Assembly in Resolution Numbered 44-225;

(2) support the Tarawa Declaration and the Wellington

Convention for the Prohibition of Fishing with Long Driftnets in

the South Pacific; and

(3) secure a permanent ban on the use of destructive fishing

practices, and in particular large-scale driftnets, by persons or

vessels fishing beyond the exclusive economic zone of any nation.

(d) International agreements

The Secretary, through the Secretary of State and the Secretary

of the department in which the Coast Guard is operating, shall seek

to secure international agreements to implement immediately the

findings, policy, and provisions of this section, and in particular

an international ban on large-scale driftnet fishing. The

Secretary, through the Secretary of State, shall include, in any

agreement which addresses the taking of living marine resources of

the United States, provisions to ensure that -

(1) each large-scale driftnet fishing vessel of a foreign

nation that is party to the agreement, including vessels that may

operate independently to develop new fishing areas, which operate

beyond the exclusive economic zone of any nation, is included in

such agreement;

(2) each large-scale driftnet fishing vessel of a foreign

nation that is party to the agreement, which operates beyond the

exclusive economic zone of any nation, is equipped with satellite

transmitters which provide real-time position information

accessible to the United States;

(3) statistically reliable monitoring by the United States is

carried out, through the use of on-board observers or through

dedicated platforms provided by foreign nations that are parties

to the agreement, of all target and nontarget fish species,

marine mammals, sea turtles, and sea birds entangled or killed by

large-scale driftnets used by fishing vessels of foreign nations

that are parties to the agreement;

(4) officials of the United States have the right to board and

inspect for violations of the agreement any large-scale driftnet

fishing vessels operating under the flag of a foreign nation that

is party to the agreement at any time while such vessel is

operating in designated areas beyond the exclusive economic zone

of any nation;

(5) all catch landed or transshipped at sea by large-scale

driftnet fishing vessels of a foreign nation that is a party to

the agreement, and which are operated beyond the exclusive

economic zone of any nation, is reliably monitored and

documented;

(6) time and area restrictions are imposed on the use of

large-scale driftnets in order to prevent interception of

anadromous species;

(7) all large-scale driftnets used are constructed, insofar as

feasible, with biodegradable materials which break into segments

that do not represent a threat to living marine resources;

(8) all large-scale driftnets are marked at appropriate

intervals in a manner that conclusively identifies the vessel and

flag nation responsible for each such driftnet;

(9) the taking of nontarget fish species, marine mammals, sea

turtles, seabirds, and endangered species or other species

protected by international agreements to which the United States

is a party is minimized and does not pose a threat to existing

fisheries or the long-term health of living marine resources; and

(10) definitive steps are agreed upon to ensure that parties to

the agreement comply with the spirit of other international

agreements and resolutions concerning the use of large-scale

driftnets beyond the exclusive economic zone of any nation.

(e) Report

Not later than January 1, 1991, and every year thereafter until

the purposes of this section are met, the Secretary, after

consultation with the Secretary of State and the Secretary of the

department in which the Coast Guard is operating, shall submit to

the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Merchant Marine and Fisheries of the

House of Representatives a report -

(1) describing the steps taken to carry out the provisions of

this section, particularly subsection (c) of this section;

(2) evaluating the progress of those efforts, the impacts on

living marine resources, including available observer data, and

specifying plans for further action;

(3) containing a list and description of any new fisheries

developed by nations that conduct, or authorize their nationals

to conduct, large-scale driftnet fishing beyond the exclusive

economic zone of any nation; and

(4) containing a list of the nations that conduct, or authorize

their nationals to conduct, large-scale driftnet fishing beyond

the exclusive economic zone of any nation in a manner that

diminishes the effectiveness of or is inconsistent with any

international agreement governing large-scale driftnet fishing to

which the United States is a party or otherwise subscribes.

(f) Certification

If at any time the Secretary, in consultation with the Secretary

of State and the Secretary of the department in which the Coast

Guard is operating, identifies any nation that warrants inclusion

in the list described under subsection (e)(4) of this section, the

Secretary shall certify that fact to the President. Such

certification shall be deemed to be a certification for the

purposes of section 1978(a) of title 22.

(g) Effect on sovereign rights

This section shall not serve or be construed to expand or

diminish the sovereign rights of the United States, as stated by

Presidential Proclamation Numbered 5030, dated March 10, 1983, and

reflected in this chapter or other existing law.

(h) ''Living marine resources'' defined

As used in this section, the term ''living marine resources''

includes fish, marine mammals, sea turtles, and seabirds and other

waterfowl.

-SOURCE-

(Pub. L. 94-265, title II, Sec. 206, as added Pub. L. 95-6, Sec.

3(1), Feb. 21, 1977, 91 Stat. 15; amended Pub. L. 99-659, title I,

Sec. 101(c)(2), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101-627,

title I, Sec. 107(a), Nov. 28, 1990, 104 Stat. 4441; Pub. L.

104-297, title I, Sec. 105(f), Oct. 11, 1996, 110 Stat. 3569.)

-REFTEXT-

REFERENCES IN TEXT

The Driftnet Impact Monitoring, Assessment, and Control Act of

1987, referred to in subsec. (a), is title IV of Pub. L. 100-220,

which is set out as a note under section 1822 of this title.

Presidential Proclamation Numbered 5030, referred to in subsec.

(g), is set out under section 1453 of this title.

-MISC2-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-297, Sec. 105(f)(1), redesignated

pars. (5) and (6) as (3) and (4), respectively, and struck out

former pars. (3) and (4) which read as follows:

''(3) identifying and evaluating the effectiveness of unilateral

measures and multilateral measures, including sanctions, that are

available to encourage nations to agree to and comply with this

section, and recommendations for legislation to authorize any

additional measures that are needed if those are considered

ineffective;

''(4) identifying, evaluating, and making any recommendations

considered necessary to improve the effectiveness of the law,

policy, and procedures governing enforcement of the exclusive

management authority of the United States over anadromous species

against fishing vessels engaged in fishing beyond the exclusive

economic zone of any nation;''.

Subsec. (f). Pub. L. 104-297, Sec. 105(f)(2), substituted

''subsection (e)(4) of this section'' for ''subsection (e)(6) of

this section''.

1990 - Pub. L. 101-627 amended section generally, substituting

provisions relating to large-scale driftnet fishing for provisions

relating to transitional provisions.

1986 - Subsec. (b). Pub. L. 99-659 substituted ''exclusive

economic zone'' for ''fishery conservation zone''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CITE-

16 USC Sec. 1826a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1826a. Denial of port privileges and sanctions for high seas

large-scale driftnet fishing

-STATUTE-

(a) Denial of port privileges

(1) Publication of list

Not later than 30 days after November 2, 1992, and periodically

thereafter, the Secretary of Commerce, in consultation with the

Secretary of State, shall publish a list of nations whose

nationals or vessels conduct large-scale driftnet fishing beyond

the exclusive economic zone of any nation.

(2) Denial of port privileges

The Secretary of the Treasury shall, in accordance with

recognized principles of international law -

(A) withhold or revoke the clearance required by section 91

of title 46, Appendix, for any large-scale driftnet fishing

vessel that is documented under the laws of the United States

or of a nation included on a list published under paragraph

(1); and

(B) deny entry of that vessel to any place in the United

States and to the navigable waters of the United States.

(3) Notification of nation

Before the publication of a list of nations under paragraph

(1), the Secretary of State shall notify each nation included on

that list regarding -

(A) the effect of that publication on port privileges of

vessels of that nation under paragraph (1); and

(B) any sanctions or requirements, under this Act or any

other law, that may be imposed on that nation if nationals or

vessels of that nation continue to conduct large-scale driftnet

fishing beyond the exclusive economic zone of any nation after

December 31, 1992.

(b) Sanctions

(1) Identifications

(A) Initial identifications

Not later than January 10, 1993, the Secretary of Commerce

shall -

(i) identify each nation whose nationals or vessels are

conducting large-scale driftnet fishing beyond the exclusive

economic zone of any nation; and

(ii) notify the President and that nation of the

identification under clause (i).

(B) Additional identifications

At any time after January 10, 1993, whenever the Secretary of

Commerce has reason to believe that the nationals or vessels of

any nation are conducting large-scale driftnet fishing beyond

the exclusive economic zone of any nation, the Secretary of

Commerce shall -

(i) identify that nation; and

(ii) notify the President and that nation of the

identification under clause (i).

(2) Consultations

Not later than 30 days after a nation is identified under

paragraph (1)(B), the President shall enter into consultations

with the government of that nation for the purpose of obtaining

an agreement that will effect the immediate termination of

large-scale driftnet fishing by the nationals or vessels of that

nation beyond the exclusive economic zone of any nation.

(3) Prohibition on imports of fish and fish products and sport

fishing equipment

(A) Prohibition

The President -

(i) upon receipt of notification of the identification of a

nation under paragraph (1)(A); or

(ii) if the consultations with the government of a nation

under paragraph (2) are not satisfactorily concluded within

ninety days, shall direct the Secretary of the Treasury to

prohibit the importation into the United States of fish and

fish products and sport fishing equipment (as that term is

defined in section 4162 of title 26) from that nation.

(B) Implementation of prohibition

With respect to an import prohibition directed under

subparagraph (A), the Secretary of the Treasury shall implement

such prohibition not later than the date that is forty-five

days after the date on which the Secretary has received the

direction from the President.

(C) Public notice of prohibition

Before the effective date of any import prohibition under

this paragraph, the Secretary of the Treasury shall provide

public notice of the impending prohibition.

(4) Additional economic sanctions

(A) Determination of effectiveness of sanctions

Not later than six months after the date the Secretary of

Commerce identifies a nation under paragraph (1), the Secretary

shall determine whether -

(i) any prohibition established under paragraph (3) is

insufficient to cause that nation to terminate large-scale

driftnet fishing conducted by its nationals and vessels

beyond the exclusive economic zone of any nation; or

(ii) that nation has retaliated against the United States

as a result of that prohibition.

(B) Certification

The Secretary of Commerce shall certify to the President each

affirmative determination under subparagraph (A) with respect

to a nation.

(C) Effect of certification

Certification by the Secretary of Commerce under subparagraph

(B) is deemed to be a certification under section 1978(a) of

title 22.

-SOURCE-

(Pub. L. 102-582, title I, Sec. 101, Nov. 2, 1992, 106 Stat. 4901.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(3)(B), is Pub. L. 102-582,

Nov. 2, 1992, 106 Stat. 4900, known as the High Seas Driftnet

Fisheries Enforcement Act, which enacted sections 1826a to 1826c of

this title and section 1707a of Title 46, Appendix, Shipping,

amended sections 1362, 1371, 1852, and 1862 of this title, section

1978 of Title 22, Foreign Relations and Intercourse, and section

2110 of Title 46, repealed section 1111c of Title 46, Appendix, and

enacted provisions set out as notes under this section and sections

1801, 1823, and 1861 of this title and section 2110 of Title 46.

For complete classification of this Act to the Code, see Short

Title of 1992 Amendments note set out under section 1801 of this

title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the High Seas Driftnet Fisheries

Enforcement Act, and not as part of the Magnuson-Stevens Fishery

Conservation and Management Act which comprises this chapter.

-MISC3-

HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT; CONGRESSIONAL STATEMENT

OF FINDINGS AND POLICY

Section 2 of Pub. L. 102-582, as amended by Pub. L. 104-208,

div. A, title I, Sec. 101(a) (title II, Sec. 211(b)), Sept. 30,

1996, 110 Stat. 3009, 3009-41, provided that:

''(a) Findings. - Congress makes the following findings:

''(1) Large-scale driftnet fishing on the high seas is highly

destructive to the living marine resources and ocean ecosystems

of the world's oceans, including anadromous fish and other living

marine resources of the United States.

''(2) The cumulative effects of large-scale driftnet fishing

pose a significant threat to the marine ecosystem, and

slow-reproducing species like marine mammals, sharks, and

seabirds may require many years to recover.

''(3) Members of the international community have reviewed the

best available scientific data on the impacts of large-scale

pelagic driftnet fishing, and have failed to conclude that this

practice has no significant adverse impacts which threaten the

conservation and sustainable management of living marine

resources.

''(4) The United Nations, via General Assembly Resolutions

numbered 44-225, 45-197, and most recently 46-215 (adopted on

December 20, 1991), has called for a worldwide moratorium on all

high seas driftnet fishing by December 31, 1992, in all the

world's oceans, including enclosed seas and semi-enclosed seas.

''(5) The United Nations has commended the unilateral,

regional, and international efforts undertaken by members of the

international community and international organizations to

implement and support the objectives of the General Assembly

resolutions.

''(6) Operative paragraph (4) of United Nations General

Assembly Resolution numbered 46-215 specifically 'encourages all

members of the international community to take measures

individually and collectively to prevent large-scale pelagic

driftnet fishing operations on the high seas of the world's

oceans and seas'.

''(7) The United States, in section 307(1)(M) of the

Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1857(1)(M)), has specifically prohibited the practice of

large-scale driftnet fishing by United States nationals and

vessels both within the exclusive economic zone of the United

States and beyond the exclusive economic zone of any nation.

''(8) The Senate, through Senate Resolution 396 of the One

Hundredth Congress (approved on March 18, 1988), has called for a

moratorium on fishing in the Central Bering Sea and the United

States has taken concrete steps to implement such moratorium

through international negotiations.

''(9) Despite the continued evidence of a decline in the

fishery resources of the Bering Sea and the multiyear cooperative

negotiations undertaken by the United States, the Russian

Federation, Japan, and other concerned fishing nations, some

nations refuse to agree to measures to reduce or eliminate

unregulated fishing practices in the waters of the Bering Sea

beyond the exclusive economic zones of the United States and the

Russian Federation.

''(10) In order to ensure that the global moratorium on

large-scale driftnet fishing called for in United Nations General

Assembly Resolution numbered 46-215 takes effect by December 31,

1992, and that unregulated fishing practices in the waters of the

Central Bering Sea are reduced or eliminated, the United States

should take the actions described in this Act (see Short Title of

1992 Amendments note set out under section 1801 of this title)

and encourage other nations to take similar action.

''(b) Policy. - It is the stated policy of the United States to -

''(1) implement United Nations General Assembly Resolution

numbered 46-215, approved unanimously on December 20, 1991, which

calls for an immediate cessation to further expansion of

large-scale driftnet fishing, a 50 percent reduction in existing

large-scale driftnet fishing effort by June 30, 1992, and a

global moratorium on the use of large-scale driftnets beyond the

exclusive economic zone of any nation by December 31, 1992;

''(2) bring about a moratorium on fishing in the Central Bering

Sea, or an international conservation and management agreement to

which the United States and the Russian Federation are parties

that regulates fishing in the Central Bering Sea; and

''(3) secure a permanent ban on the use of destructive fishing

practices, and in particular large-scale driftnets, by persons or

vessels fishing beyond the exclusive economic zone of any

nation.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1826b, 1826c of this

title.

-CITE-

16 USC Sec. 1826b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1826b. Duration of denial of port privileges and sanctions

-STATUTE-

Any denial of port privileges or sanction under section 1826a of

this title with respect to a nation shall remain in effect until

such time as the Secretary of Commerce certifies to the President

and the Congress that such nation has terminated large-scale

driftnet fishing by its nationals and vessels beyond the exclusive

economic zone of any nation.

-SOURCE-

(Pub. L. 102-582, title I, Sec. 102, Nov. 2, 1992, 106 Stat. 4903.)

-COD-

CODIFICATION

Section was enacted as part of the High Seas Driftnet Fisheries

Enforcement Act, and not as part of the Magnuson-Stevens Fishery

Conservation and Management Act which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1826c of this title.

-CITE-

16 USC Sec. 1826c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1826c. Definitions

-STATUTE-

In sections 1826a to 1826c of this title, the following

definitions apply:

(1) Fish and fish products

The term ''fish and fish products'' means any aquatic species

(including marine mammals and plants) and all products thereof

exported from a nation, whether or not taken by fishing vessels

of that nation or packed, processed, or otherwise prepared for

export in that nation or within the jurisdiction thereof.

(2) Large-scale driftnet fishing

(A) In general

Except as provided in subparagraph (B), the term

''large-scale driftnet fishing'' means a method of fishing in

which a gillnet composed of a panel or panels of webbing, or a

series of such gillnets, with a total length of two and

one-half kilometers or more is placed in the water and allowed

to drift with the currents and winds for the purpose of

entangling fish in the webbing.

(B) Exception

Until January 1, 1994, the term ''large-scale driftnet

fishing'' does not include the use in the northeast Atlantic

Ocean of gillnets with a total length not to exceed five

kilometers if the use is in accordance with regulations adopted

by the European Community pursuant to the October 28, 1991,

decision by the Council of Fisheries Ministers of the

Community.

(3) Large-scale driftnet fishing vessel

The term ''large-scale driftnet fishing vessel'' means any

vessel which is -

(A) used for, equipped to be used for, or of a type which is

normally used for large-scale driftnet fishing; or

(B) used for aiding or assisting one or more vessels at sea

in the performance of large-scale driftnet fishing, including

preparation, supply, storage, refrigeration, transportation, or

processing.

-SOURCE-

(Pub. L. 102-582, title I, Sec. 104, Nov. 2, 1992, 106 Stat. 4903.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1826a to 1826c of this title, referred to in text, was

in the original ''this title'', meaning title I of Pub. L. 102-582,

Nov. 2, 1992, 106 Stat. 4901, which enacted sections 1826a to 1826c

of this title and amended section 1371 of this title. For complete

classification of title I to the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of the High Seas Driftnet Fisheries

Enforcement Act, and not as part of the Magnuson-Stevens Fishery

Conservation and Management Act which comprises this chapter.

-CITE-

16 USC Sec. 1826d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1826d. Prohibition

-STATUTE-

The United States, or any agency or official acting on behalf of

the United States, may not enter into any international agreement

with respect to the conservation and management of living marine

resources or the use of the high seas by fishing vessels that would

prevent full implementation of the global moratorium on large-scale

driftnet fishing on the high seas, as such moratorium is expressed

in Resolution 46/215 of the United Nations General Assembly.

-SOURCE-

(Pub. L. 104-43, title VI, Sec. 603, Nov. 3, 1995, 109 Stat. 392.)

-COD-

CODIFICATION

Section was enacted as part of the High Seas Driftnet Fishing

Moratorium Protection Act, and also as part of the Fisheries Act of

1995, and not as part of the Magnuson-Stevens Fishery Conservation

and Management Act which comprises this chapter.

-MISC3-

CONGRESSIONAL FINDINGS

Section 602 of Pub. L. 104-43 provided that: ''The Congress finds

that -

''(1) Congress has enacted and the President has signed into

law numerous Acts to control or prohibit large-scale driftnet

fishing both within the jurisdiction of the United States and

beyond the exclusive economic zone of any nation, including the

Driftnet Impact Monitoring, Assessment, and Control Act of 1987

(title IV, Public Law 100-220) (16 U.S.C. 1822 note), the

Driftnet Act Amendments of 1990 (Public Law 101-627) (16 U.S.C.

1826), and the High Seas Driftnet Fisheries Enforcement Act

(title I, Public Law 102-582) (see Short Title of 1992 Amendment

note set out under section 1801 of this title);

''(2) the United States is a party to the Convention for the

Prohibition of Fishing with Long Driftnets in the South Pacific,

also known as the Wellington Convention;

''(3) the General Assembly of the United Nations has adopted

three resolutions and three decisions which established and

reaffirm a global moratorium on large-scale driftnet fishing on

the high seas, beginning with Resolution 44/225 in 1989 and most

recently in Decision 48/445 in 1993;

''(4) the General Assembly of the United Nations adopted these

resolutions and decisions at the request of the United States and

other concerned nations;

''(5) the best scientific information demonstrates the

wastefulness and potentially destructive impacts of large-scale

driftnet fishing on living marine resources and seabirds; and

''(6) Resolution 46/215 of the United Nations General Assembly

calls on all nations, both individually and collectively, to

prevent large-scale driftnet fishing on the high seas.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1826f of this title.

-CITE-

16 USC Sec. 1826e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1826e. Negotiations

-STATUTE-

The Secretary of State, on behalf of the United States, shall

seek to enhance the implementation and effectiveness of the United

Nations General Assembly resolutions and decisions regarding the

moratorium on large-scale driftnet fishing on the high seas through

appropriate international agreements and organizations.

-SOURCE-

(Pub. L. 104-43, title VI, Sec. 604, Nov. 3, 1995, 109 Stat. 392.)

-COD-

CODIFICATION

Section was enacted as part of the High Seas Driftnet Fishing

Moratorium Protection Act, and also as part of the Fisheries Act of

1995, and not as part of the Magnuson-Stevens Fishery Conservation

and Management Act which comprises this chapter.

-CITE-

16 USC Sec. 1826f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1826f. Certification

-STATUTE-

The Secretary of State shall determine in writing prior to the

signing or provisional application by the United States of any

international agreement with respect to the conservation and

management of living marine resources or the use of the high seas

by fishing vessels that the prohibition contained in section 1826d

of this title will not be violated if such agreement is signed or

provisionally applied.

-SOURCE-

(Pub. L. 104-43, title VI, Sec. 605, Nov. 3, 1995, 109 Stat. 392.)

-COD-

CODIFICATION

Section was enacted as part of the High Seas Driftnet Fishing

Moratorium Protection Act, and also as part of the Fisheries Act of

1995, and not as part of the Magnuson-Stevens Fishery Conservation

and Management Act which comprises this chapter.

-CITE-

16 USC Sec. 1826g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1826g. Enforcement

-STATUTE-

The President shall utilize appropriate assets of the Department

of Defense, the United States Coast Guard, and other Federal

agencies to detect, monitor, and prevent violations of the United

Nations moratorium on large-scale driftnet fishing on the high seas

for all fisheries under the jurisdiction of the United States and,

in the case of fisheries not under the jurisdiction of the United

States, to the fullest extent permitted under international law.

-SOURCE-

(Pub. L. 104-43, title VI, Sec. 606, Nov. 3, 1995, 109 Stat. 392.)

-COD-

CODIFICATION

Section was enacted as part of the High Seas Driftnet Fishing

Moratorium Protection Act, and also as part of the Fisheries Act of

1995, and not as part of the Magnuson-Stevens Fishery Conservation

and Management Act which comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

16 USC Sec. 1827 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY

AGREEMENTS

-HEAD-

Sec. 1827. Observer program regarding certain foreign fishing

-STATUTE-

(a) Definitions

As used in this section -

(1) The term ''Act of 1976'' means the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1801 et seq.).

(2) The term ''billfish'' means any species of marlin,

spearfish, sailfish or swordfish.

(3) The term ''Secretary'' means the Secretary of Commerce.

(b) Observer program

The Secretary shall establish a program under which a United

States observer will be stationed aboard each foreign fishing

vessel while that vessel -

(1) is in waters that are within -

(A) the fishery conservation zone established under section

101 of the Act of 1976 (16 U.S.C. 1811), (FOOTNOTE 1) and

(FOOTNOTE 1) See References in Text note below.

(B) the Convention area as defined in Article I of the

International Convention for the Conservation of Atlantic

Tunas; and

(2) is taking or attempting to take any species of fish if such

taking or attempting to take may result in the incidental taking

of billfish.

The Secretary may acquire observers for such program through

contract with qualified private persons.

(c) Functions of observers

United States observers, while aboard foreign fishing vessels as

required under subsection (b) of this section, shall carry out such

scientific and other functions as the Secretary deems necessary or

appropriate to carry out this section.

(d) Fees

There is imposed for each year after 1980 on the owner or

operator of each foreign fishing vessel that, in the judgment of

the Secretary, will engage in fishing in waters described in

subsection (b)(1) of this section during that year which may result

in the incidental taking of billfish a fee in an amount sufficient

to cover all of the costs of providing an observer aboard that

vessel under the program established under subsection (a) of this

section. The fees imposed under this subsection for any year shall

be paid to the Secretary before that year begins. All fees

collected by the Secretary under this subsection shall be deposited

in the Fund established by subsection (e) of this section.

(e) Fund

There is established in the Treasury of the United States the

Foreign Fishing Observer Fund. The Fund shall be available to the

Secretary as a revolving fund for the purpose of carrying out this

section. The Fund shall consist of the fees deposited into it as

required under subsection (d) of this section. All payments made

by the Secretary to carry out this section shall be paid from the

Fund, only to the extent and in the amounts provided for in advance

in appropriation Acts. Sums in the Fund which are not currently

needed for the purposes of this section shall be kept on deposit or

invested in obligations of, or guaranteed by, the United States.

(f) Prohibited acts

(1) It is unlawful for any person who is the owner or operator of

a foreign fishing vessel to which this section applies -

(A) to violate any regulation issued under subsection (g) of

this section;

(B) to refuse to pay the fee imposed under subsection (d) of

this section after being requested to do so by the Secretary; or

(C) to refuse to permit an individual who is authorized to act

as an observer under this section with respect to that vessel to

board the vessel for purposes of carrying out observer functions.

(2) Section 308 of the Act of 1976 (16 U.S.C. 1858) (relating to

civil penalties) applies to any act that is unlawful under

paragraph (1), and for purposes of such application the commission

of any such act shall be treated as an act the commission of which

is unlawful under section 307 of the Act of 1976 (16 U.S.C. 1857).

(g) Regulations

The Secretary shall issue such regulations as are necessary or

appropriate to carry out this section.

-SOURCE-

(Pub. L. 96-339, Sec. 2, Sept. 4, 1980, 94 Stat. 1069; Pub. L.

96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub.

L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec. 211(b)),

Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (a)(1), is Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended, 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.

Section 101 of the Act of 1976 (16 U.S.C. 1811), referred to in

subsec. (b)(1)(A), which established the fishery conservation zone,

was amended generally by Pub. L. 99-659, title I, Sec. 101(b), Nov.

14, 1986, 100 Stat. 3706, and now relates to United States

sovereign rights to fish and fishery management authority within

the exclusive economic zone.

-COD-

CODIFICATION

Section was not enacted as part of the Magnuson-Stevens Fishery

Conservation and Management Act which comprises this chapter.

-MISC3-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-208 substituted

''Magnuson-Stevens Fishery'' for ''Magnuson Fishery''.

1980 - Subsec. (a)(1). Pub. L. 96-561 substituted ''Magnuson

Fishery Conservation and Management Act'' for ''Fishery

Conservation and Management Act of 1976''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 238(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective 15 days after Dec. 22, 1980.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971h, 971i of this title.

-CITE-

16 USC SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT

PROGRAM 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

.

-HEAD-

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1802, 1821, 3343 of

this title.

-CITE-

16 USC Sec. 1851 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1851. National standards for fishery conservation and

management

-STATUTE-

(a) In general

Any fishery management plan prepared, and any regulation

promulgated to implement any such plan, pursuant to this subchapter

shall be consistent with the following national standards for

fishery conservation and management:

(1) Conservation and management measures shall prevent

overfishing while achieving, on a continuing basis, the optimum

yield from each fishery for the United States fishing industry.

(2) Conservation and management measures shall be based upon

the best scientific information available.

(3) To the extent practicable, an individual stock of fish

shall be managed as a unit throughout its range, and interrelated

stocks of fish shall be managed as a unit or in close

coordination.

(4) Conservation and management measures shall not discriminate

between residents of different States. If it becomes necessary to

allocate or assign fishing privileges among various United States

fishermen, such allocation shall be (A) fair and equitable to all

such fishermen; (B) reasonably calculated to promote

conservation; and (C) carried out in such manner that no

particular individual, corporation, or other entity acquires an

excessive share of such privileges.

(5) Conservation and management measures shall, where

practicable, consider efficiency in the utilization of fishery

resources; except that no such measure shall have economic

allocation as its sole purpose.

(6) Conservation and management measures shall take into

account and allow for variations among, and contingencies in,

fisheries, fishery resources, and catches.

(7) Conservation and management measures shall, where

practicable, minimize costs and avoid unnecessary duplication.

(8) Conservation and management measures shall, consistent with

the conservation requirements of this chapter (including the

prevention of overfishing and rebuilding of overfished stocks),

take into account the importance of fishery resources to fishing

communities in order to (A) provide for the sustained

participation of such communities, and (B) to the extent

practicable, minimize adverse economic impacts on such

communities.

(9) Conservation and management measures shall, to the extent

practicable, (A) minimize bycatch and (B) to the extent bycatch

cannot be avoided, minimize the mortality of such bycatch.

(10) Conservation and management measures shall, to the extent

practicable, promote the safety of human life at sea.

(b) Guidelines

The Secretary shall establish advisory guidelines (which shall

not have the force and effect of law), based on the national

standards, to assist in the development of fishery management

plans.

-SOURCE-

(Pub. L. 94-265, title III, Sec. 301, Apr. 13, 1976, 90 Stat. 346;

Pub. L. 97-453, Sec. 4, Jan. 12, 1983, 96 Stat. 2484; Pub. L.

98-623, title IV, Sec. 404(3), Nov. 8, 1984, 98 Stat. 3408; Pub. L.

104-297, title I, Sec. 106, Oct. 11, 1996, 110 Stat. 3570.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(8), was in the original

''this Act'', meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331,

as amended, 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.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(5). Pub. L. 104-297, Sec. 106(a), substituted

''consider efficiency'' for ''promote efficiency''.

Subsec. (a)(8) to (10). Pub. L. 104-297, Sec. 106(b), added pars.

(8) to (10).

1984 - Subsec. (a)(1). Pub. L. 98-623 inserted ''for the United

States fishing industry''.

1983 - Subsec. (b). Pub. L. 97-453 substituted ''advisory

guidelines (which shall not have the force and effect of law)'' for

''guidelines''.

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-146, Sec. 1, Dec. 16, 1997, 111 Stat. 2672, provided

that: ''This Act (repealing section 757g of this title, amending

provisions set out as notes under this section and listed in a

table of National Wildlife Conservation Areas set out under section

668dd of this title, and repealing provisions set out as notes

under this section) may be cited as the 'Atlantic Striped Bass

Conservation Act Amendments of 1997'.''

IMPLEMENTATION OF STELLER SEA LION PROTECTIVE MEASURES

Pub. L. 106-554, Sec. 1(a)(4) (div. A, Sec. 209), Dec. 21, 2000,

114 Stat. 2763, 2763A-176, provided that:

''(a) Findings. - The Congress finds that -

''(1) the western population of Steller sea lions has

substantially declined over the last 25 years.

''(2) scientists should closely research and analyze all

possible factors relating to such decline, including the possible

interactions between commercial fishing and Steller sea lions and

the localized depletion hypothesis;

''(3) the authority to manage commercial fisheries in Federal

waters lies with the regional councils and the Secretary of

Commerce (hereafter in this section 'Secretary') pursuant to the

Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1801 et seq.) (hereafter in this section 'Magnuson-Stevens

Act'); and

''(4) the Secretary of Commerce shall comply with the

Magnuson-Stevens Act when using fishery management plans and

regulations to implement the decisions made pursuant to findings

under the Endangered Species Act (of 1973, 16 U.S.C. 1531 et

seq.), and shall utilize the processes and procedures of the

regional fishery management councils as required by the

Magnuson-Stevens Act.

''(b) Independent Scientific Review. - The North Pacific Fishery

Management Council (hereafter in this section 'North Pacific

Council(')) shall utilize the expertise of the National Academy of

Sciences to conduct an independent scientific review of the

November 30, 2000 Biological Opinion for the Bering Sea/Aleutian

Islands and Gulf of Alaska groundfish fisheries (hereafter in this

section 'Biological Opinion'), its underlying hypothesis, and the

Reasonable and Prudent Alternatives (hereafter in this section

'Alternatives') contained therein. The Secretary shall cooperate

with the independent scientific review, and the National Academy of

Sciences is requested to give its highest priority to this review.

''(c) Preparation of Fishery Management Plans and Regulations To

Implement Protective Measures in the November 30, 2000 Biological

Opinion. -

''(1) The Secretary of Commerce shall submit to the North

Pacific Council proposed conservation and management measures to

implement the Alternatives contained in the November 30, 2000

Biological Opinion for the Bering Sea/Aleutian Islands and Gulf

of Alaska groundfish fisheries. The North Pacific Council shall

prepare and transmit to the Secretary a fishery management plan

amendment or amendments to implement such Alternatives that are

consistent with the Magnuson-Stevens Act (including requirements

in such Act relating to best available science, bycatch

reduction, impacting on fishing communities, the safety of life

at sea, and public comment and hearings.)

''(2) The Bering Sea/Aleutian Islands and Gulf of Alaska

groundfish fisheries shall be managed in a manner consistent with

the Alternatives contained in the Biological Opinion, except as

otherwise provided in this section. The Alternatives shall

become fully effective no later than January 1, 2002, as revised

if necessary and appropriate based on the independent scientific

review referred to in subsection (b) and other new information,

and shall be phased in in 2001 as described in paragraph (3).

''(3) The 2001 Bering Sea/Aleutian Islands and Gulf of Alaska

groundfish fisheries shall be managed in accordance with the

fishery management plan and Federal regulations in effect for

such fisheries prior to July 15, 2000, including -

''(A) conservative total allowable catch levels;

''(B) no entry zones within three miles of rookeries;

''(C) restricted harvest levels near rookeries and haul-outs;

''(D) federally-trained observers;

''(E) spatial and temporal harvest restrictions;

''(F) federally-mandated bycatch reduction programs; and

''(G) additional conservation benefits provided through

cooperative fishing arrangements,

and said regulations are hereby restored to full force and

effect.

''(4) The Secretary shall amend these regulations by January

20, 2001, after consultation with the North Pacific Council and

in a manner consistent with all law, including the

Magnuson-Stevens Act, and consistent with the Alternatives to the

maximum extent practicable, subject to the other provisions of

this subsection.

''(5) The harvest reduction requirement ('Global Control Rule')

shall take effect immediately in any 2001 groundfish fishery in

which it applies, but shall not cause a reduction in the total

allowable catch of any fishery of more than 10 percent.

''(6) In enforcing regulations for the 2001 fisheries, the

Secretary, upon recommendation of the North Pacific Council, may

open critical habitat where needed, adjust seasonal catch levels,

and take other measures as needed to ensure that harvest levels

are sufficient to provide income from these fisheries for small

boats and Alaskan on-shore processors that is no less than in

1999.

''(7) The regulations that are promulgated pursuant to

paragraph (4) shall not be modified in any way other than upon

recommendation of the North Pacific Council, before March 15,

2001.

''(d) Sea Lion Protection Measures. - $20,000,000 is hereby

appropriated to the Secretary of Commerce to remain available until

expended to develop and implement a coordinated, comprehensive

research and recovery program for the Steller sea lion, which shall

be designed to study -

''(1) available prey species;

''(2) predator/prey relationships;

''(3) predation by other marine mammals;

''(4) interactions between fisheries and Steller sea lions,

including the localized depletion theory;

''(5) regime shift, climate change, and other impacts

associated with changing environmental conditions in the North

Pacific and Bering Sea;

''(6) disease;

''(7) juvenile and pup survival rates;

''(8) population counts;

''(9) nutritional stress;

''(10) foreign commercial harvest of sea lions outside the

exclusive economic zone;

''(11) the residual impacts of former government-authorized

Steller sea lion eradication bounty programs; and

''(12) the residual impacts of intentional lethal takes of

Steller sea lions.

Within available funds the Secretary shall implement on a pilot

basis innovative non-lethal measures to protect Steller sea lions

from marine mammal predators including killer whales.

''(e) Economic Disaster Relief. - $30,000,000 is hereby

appropriated to the Secretary of Commerce to make available as a

direct payment to the Southwest Alaska Municipal Conference to

distribute to fishing communities, businesses, community

development quota groups, individuals, and other entities to

mitigate the economic losses caused by Steller sea lion protection

measures heretofore incurred; provided that the President of such

organization shall provide a written report to the Secretary and

the House and Senate Appropriations Committee within 6 months of

receipt of these funds.''

LIMITATION ON FISHING PERMITS

Pub. L. 105-277, div. A, Sec. 101(b) (title VI, Sec. 617), Oct.

21, 1998, 112 Stat. 2681-50, 2681-115, as amended by Pub. L.

106-31, title III, Sec. 3025, May 21, 1999, 113 Stat. 100, provided

that:

''(a) None of the funds made available in this Act or any other

Act hereafter enacted may be used to issue or renew a fishing

permit or authorization for any fishing vessel of the United States

greater than 165 feet in registered length, of more than 750 gross

registered tons, or that has an engine or engines capable of

producing a total of more than 3,000 shaft horsepower as specified

in the permit application required under part 648.4(a)(5) of title

50, Code of Federal Regulations, part 648.12 of title 50, Code of

Federal Regulations, and the authorization required under part

648.80(d)(2) of title 50, Code of Federal Regulations, to engage in

fishing for Atlantic mackerel or herring (or both) under the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1801 et seq.), unless the regional fishery management council of

jurisdiction recommends after October 21, 1998, and the Secretary

of Commerce approves, conservation and management measures in

accordance with such Act to allow such vessel to engage in fishing

for Atlantic mackerel or herring (or both).

''(b) Any fishing permit or authorization issued or renewed prior

to the date of the enactment of this Act (Oct. 21, 1998) for a

fishing vessel to which the prohibition in subsection (a) applies

that would allow such vessel to engage in fishing for Atlantic

mackerel or herring (or both) during fiscal year 1999 shall be null

and void, and none of the funds made available in this Act (see

Tables for classification) may be used to issue a fishing permit or

authorization that would allow a vessel whose permit or

authorization was made null and void pursuant to this subsection to

engage in the catching, taking, or harvesting of fish in any other

fishery within the exclusive economic zone of the United States.''

BERING SEA POLLOCK FISHERY

Pub. L. 105-277, div. C, title II, subtitle II, Oct. 21, 1998,

112 Stat. 2681-621, as amended by Pub. L. 106-31, title III, Sec.

3027(a)(2)-(7), May 21, 1999, 113 Stat. 101; Pub. L. 107-20, title

II, Sec. 2202(e)(1), July 24, 2001, 115 Stat. 170; Pub. L. 107-77,

title II, Sec. 211, Nov. 28, 2001, 115 Stat. 779; Pub. L. 107-206,

title I, Sec. 1103, Aug. 2, 2002, 116 Stat. 884, provided that:

''SEC. 205. DEFINITIONS.

''As used in this subtitle -

''(1) the term 'Bering Sea and Aleutian Islands Management

Area' has the same meaning as the meaning given for such term in

part 679.2 of title 50, Code of Federal Regulations, as in effect

on October 1, 1998;

''(2) the term 'catcher/processor' means a vessel that is used

for harvesting fish and processing that fish;

''(3) the term 'catcher vessel' means a vessel that is used for

harvesting fish and that does not process pollock onboard;

''(4) the term 'directed pollock fishery' means the fishery for

the directed fishing allowances allocated under paragraphs (1),

(2), and (3) of section 206(b);

''(5) the term 'harvest' means to commercially engage in the

catching, taking, or harvesting of fish or any activity that can

reasonably be expected to result in the catching, taking, or

harvesting of fish;

''(6) the term 'inshore component' means the following

categories that process groundfish harvested in the Bering Sea

and Aleutian Islands Management Area:

''(A) shoreside processors, including those eligible under

section 208(f); and

''(B) vessels less than 125 feet in length overall that

process less than 126 metric tons per week in round-weight

equivalents of an aggregate amount of pollock and Pacific cod;

''(7) the term 'Magnuson-Stevens Act' means the

Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1801 et seq.);

''(8) the term 'mothership' means a vessel that receives and

processes fish from other vessels in the exclusive economic zone

of the United States and is not used for, or equipped to be used

for, harvesting fish;

''(9) the term 'North Pacific Council' means the North Pacific

Fishery Management Council established under section 302(a)(1)(G)

of the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(G));

''(10) the term 'offshore component' means all vessels not

included in the definition of 'inshore component' that process

groundfish harvested in the Bering Sea and Aleutian Islands

Management Area;

''(11) the term 'Secretary' means the Secretary of Commerce;

and

''(12) the term 'shoreside processor' means any person or

vessel that receives unprocessed fish, except catcher/processors,

motherships, buying stations, restaurants, or persons receiving

fish for personal consumption or bait.

''SEC. 206. ALLOCATIONS.

''(a) Pollock Community Development Quota. - Effective January 1,

1999, 10 percent of the total allowable catch of pollock in the

Bering Sea and Aleutian Islands Management Area shall be allocated

as a directed fishing allowance to the western Alaska community

development quota program established under section 305(i) of the

Magnuson-Stevens Act (16 U.S.C. 1855(i)).

''(b) Inshore/Offshore. - Effective January 1, 1999, the

remainder of the pollock total allowable catch in the Bering Sea

and Aleutian Islands Management Area, after the subtraction of the

allocation under subsection (a) and the subtraction of allowances

for the incidental catch of pollock by vessels harvesting other

groundfish species (including under the western Alaska community

development quota program) shall be allocated as directed fishing

allowances as follows -

''(1) 50 percent to catcher vessels harvesting pollock for

processing by the inshore component;

''(2) 40 percent to catcher/processors and catcher vessels

harvesting pollock for processing by catcher/processors in the

offshore component; and

''(3) 10 percent to catcher vessels harvesting pollock for

processing by motherships in the offshore component.

''SEC. 207. BUYOUT.

''(a) Federal Loan. - Under the authority of sections 1111 and

1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App.

1279f and 1279g) and notwithstanding the requirements of section

312 of the Magnuson-Stevens Act (16 U.S.C. 1861a), the Secretary

shall, subject to the availability of appropriations for the cost

of the direct loan, provide up to $75,000,000 through a direct loan

obligation for the payments required under subsection (d).

''(b) Inshore Fee System. - Notwithstanding the requirements of

section 304(d) or 312 of the Magnuson-Stevens Act (16 U.S.C.

1854(d) and 1861a), the Secretary shall establish a fee for the

repayment of such loan obligation which -

''(1) shall be six-tenths (0.6) of one cent for each pound

round-weight of all pollock harvested from the directed fishing

allowance under section 206(b)(1); and

''(2) shall begin with such pollock harvested on or after

January 1, 2000, and continue without interruption until such

loan obligation is fully repaid; and

''(3) shall be collected in accordance with section

312(d)(2)(C) of the Magnuson-Stevens Act (16 U.S.C.

1861a(d)(2)(C)) and in accordance with such other conditions as

the Secretary establishes.

''(c) Federal Appropriation. - Under the authority of section

312(c)(1)(B) of the Magnuson-Stevens Act (16 U.S.C.

1861a(c)(1)(B)), there are authorized to be appropriated

$20,000,000 for the payments required under subsection (d).

''(d) Payments. - Subject to the availability of appropriations

for the cost of the direct loan under subsection (a) and funds

under subsection (c), the Secretary shall pay by not later than

December 31, 1998 -

''(1) up to $90,000,000 to the owner or owners of the

catcher/processors listed in paragraphs (1) through (9) of

section 209, in such manner as the owner or owners, with the

concurrence of the Secretary, agree, except that -

''(A) the portion of such payment with respect to the

catcher/processor listed in paragraph (1) of section 209 shall

be made only after the owner submits a written certification

acceptable to the Secretary that neither the owner nor a

purchaser from the owner intends to use such catcher/processor

outside of the exclusive economic zone of the United States to

harvest any stock of fish (as such term is defined in section 3

of the Magnuson-Stevens Act (16 U.S.C. 1802)) that occurs

within the exclusive economic zone of the United States; and

''(B) the portion of such payment with respect to the

catcher/processors listed in paragraphs (2) through (9) of

section 209 shall be made only after the owner or owners of

such catcher/processors submit a written certification

acceptable to the Secretary that such catcher/processors will

be scrapped by December 31, 2000 and will not, before that

date, be used to harvest or process any fish; and

''(2)(A) if a contract has been filed under section 210(a) by

the catcher/processors listed in section 208(e), $5,000,000 to

the owner or owners of the catcher/processors listed in

paragraphs (10) through (14) of such section in such manner as

the owner or owners, with the concurrence of the Secretary,

agree; or

''(B) if such a contract has not been filed by such date,

$5,000,000 to the owners of the catcher vessels eligible under

section 208(b) and the catcher/processors eligible under

paragraphs (1) through (20) of section 208(e), divided based on

the amount of the harvest of pollock in the directed pollock

fishery by each such vessel in 1997 in such manner as the

Secretary deems appropriate,

except that any such payments shall be reduced by any obligation to

the federal government that has not been satisfied by such owner or

owners of any such vessels.

''(e) Penalty. - If the catcher/processor under paragraph (1) of

section 209 is used outside of the exclusive economic zone of the

United States to harvest any stock of fish that occurs within the

exclusive economic zone of the United States while the owner who

received the payment under subsection (d)(1)(A) has an ownership

interest in such vessel, or if the catcher/processors listed in

paragraphs (2) through (9) of section 209 are determined by the

Secretary not to have been scrapped by December 31, 2000 or to have

been used in a manner inconsistent with subsection (d)(1)(B), the

Secretary may suspend any or all of the federal permits which allow

any vessels owned in whole or in part by the owner or owners who

received payments under subsection (d)(1) to harvest or process

fish within the exclusive economic zone of the United States until

such time as the obligations of such owner or owners under

subsection (d)(1) have been fulfilled to the satisfaction of the

Secretary.

''(f) Program Defined; Maturity. - For the purposes of section

1111 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), the

fishing capacity reduction program in this subtitle shall be within

the meaning of the term 'program' as defined and used in such

section. Notwithstanding section 1111(b)(4) of such Act (46 U.S.C.

App. 1279f(b)(4)), the debt obligation under subsection (a) of this

section may have a maturity not to exceed 30 years.

''(g) Fishery Capacity Reduction Regulations. - The Secretary of

Commerce shall by not later than October 15, 1998 publish proposed

regulations to implement subsections (b), (c), (d), and (e) of

section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a) and

sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936

(46 U.S.C. App. 1279f and 1279g).

''SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.

''(a) Catcher Vessels Onshore. - Effective January 1, 2000, only

catcher vessels which are -

''(1) determined by the Secretary -

''(A) to have delivered at least 250 metric tons of pollock;

or

''(B) to be less than 60 feet in length overall and to have

delivered at least 40 metric tons of pollock,

for processing by the inshore component in the directed pollock

fishery in any one of the years 1996 or 1997, or between January 1,

1998 and September 1, 1998;

''(2) eligible to harvest pollock in the directed pollock

fishery under the license limitation program recommended by the

North Pacific Council and approved by the Secretary; and

''(3) not listed in subsection (b),

shall be eligible to harvest the directed fishing allowance under

section 206(b)(1) pursuant to a federal fishing permit.

''(b) Catcher Vessels to Catcher/Processors. - Effective January

1, 1999, only the following catcher vessels shall be eligible to

harvest the directed fishing allowance under section 206(b)(2)

pursuant to a federal fishing permit:

''(1) AMERICAN CHALLENGER (United States official number

633219);

''(2) FORUM STAR (United States official number 925863);

''(3) MUIR MILACH (United States official number 611524);

''(4) NEAHKAHNIE (United States official number 599534);

''(5) OCEAN HARVESTER (United States official number 549892);

''(6) SEA STORM (United States official number 628959);

''(7) TRACY ANNE (United States official number 904859); and

''(8) any catcher vessel -

''(A) determined by the Secretary to have delivered at least

250 metric tons and at least 75 percent of the pollock it

harvested in the directed pollock fishery in 1997 to

catcher/processors for processing by the offshore component;

and

''(B) eligible to harvest pollock in the directed pollock

fishery under the license limitation program recommended by the

North Pacific Council and approved by the Secretary.

''(c) Catcher Vessels to Motherships. - Effective January 1,

2000, only the following catcher vessels shall be eligible to

harvest the directed fishing allowance under section 206(b)(3)

pursuant to a federal fishing permit:

''(1) ALEUTIAN CHALLENGER (United States official number

603820);

''(2) ALYESKA (United States official number 560237);

''(3) AMBER DAWN (United States official number 529425);

''(4) AMERICAN BEAUTY (United States official number 613847);

''(5) CALIFORNIA HORIZON (United States official number

590758);

''(6) MAR-GUN (United States official number 525608);

''(7) MARGARET LYN (United States official number 615563);

''(8) MARK I (United States official number 509552);

''(9) MISTY DAWN (United States official number 926647);

''(10) NORDIC FURY (United States official number 542651);

''(11) OCEAN LEADER (United States official number 561518);

''(12) OCEANIC (United States official number 602279);

''(13) PACIFIC ALLIANCE (United States official number 612084);

''(14) PACIFIC CHALLENGER (United States official number

518937);

''(15) PACIFIC FURY (United States official number 561934);

''(16) PAPADO II (United States official number 536161);

''(17) TRAVELER (United States official number 929356);

''(18) VESTERAALEN (United States official number 611642);

''(19) WESTERN DAWN (United States official number 524423); and

''(20) any vessel -

''(A) determined by the Secretary to have delivered at least

250 metric tons of pollock for processing by motherships in the

offshore component of the directed pollock fishery in any one

of the years 1996 or 1997, or between January 1, 1998 and

September 1, 1998;

''(B) eligible to harvest pollock in the directed pollock

fishery under the license limitation program recommended by the

North Pacific Council and approved by the Secretary; and

''(C) not listed in subsection (b).

''(d) Motherships. - Effective January 1, 2000, only the

following motherships shall be eligible to process the directed

fishing allowance under section 206(b)(3) pursuant to a federal

fishing permit:

''(1) EXCELLENCE (United States official number 967502);

''(2) GOLDEN ALASKA (United States official number 651041); and

''(3) OCEAN PHOENIX (United States official number 296779).

''(e) Catcher/Processors. - Effective January 1, 1999, only the

following catcher/processors shall be eligible to harvest the

directed fishing allowance under section 206(b)(2) pursuant to a

federal fishing permit:

''(1) AMERICAN DYNASTY (United States official number 951307);

''(2) KATIE ANN (United States official number 518441);

''(3) AMERICAN TRIUMPH (United States official number 646737);

''(4) NORTHERN EAGLE (United States official number 506694);

''(5) NORTHERN HAWK (United States official number 643771);

''(6) NORTHERN JAEGER (United States official number 521069);

''(7) OCEAN ROVER (United States official number 552100);

''(8) ALASKA OCEAN (United States official number 637856);

''(9) ENDURANCE (United States official number 592206);

''(10) AMERICAN ENTERPRISE (United States official number

594803);

''(11) ISLAND ENTERPRISE (United States official number

610290);

''(12) KODIAK ENTERPRISE (United States official number

579450);

''(13) SEATTLE ENTERPRISE (United States official number

904767);

''(14) US ENTERPRISE (United States official number 921112);

''(15) ARCTIC STORM (United States official number 903511);

''(16) ARCTIC FJORD (United States official number 940866);

''(17) NORTHERN GLACIER (United States official number 663457);

''(18) PACIFIC GLACIER (United States official number 933627);

''(19) HIGHLAND LIGHT (United States official number 577044);

''(20) STARBOUND (United States official number 944658); and

''(21) any catcher/processor not listed in this subsection and

determined by the Secretary to have harvested more than 2,000

metric tons of the pollock in the 1997 directed pollock fishery

and determined to be eligible to harvest pollock in the directed

pollock fishery under the license limitation program recommended

by the North Pacific Council and approved by the Secretary,

except that catcher/processors eligible under this paragraph

shall be prohibited from harvesting in the aggregate a total of

more than one-half (0.5) of a percent of the pollock apportioned

for the directed pollock fishery under section 206(b)(2).

Notwithstanding section 213(a), failure to satisfy the requirements

of section 4(a) of the Commercial Fishing Industry Vessel

Anti-Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12108

note) shall not make a catcher/processor listed under this

subsection ineligible for a fishery endorsement.

''(f) Shoreside Processors. - (1) Effective January 1, 2000 and

except as provided in paragraph (2), the catcher vessels eligible

under subsection (a) may deliver pollock harvested from the

directed fishing allowance under section 206(b)(1) only to -

''(A) shoreside processors (including vessels in a single

geographic location in Alaska State waters) determined by the

Secretary to have processed more than 2,000 metric tons

round-weight of pollock in the inshore component of the directed

pollock fishery during each of 1996 and 1997; and

''(B) shoreside processors determined by the Secretary to have

processed pollock in the inshore component of the directed

pollock fishery in 1996 or 1997, but to have processed less than

2,000 metric tons round-weight of such pollock in each year,

except that effective January 1, 2000, each such shoreside

processor may not process more than 2,000 metric tons

round-weight from such directed fishing allowance in any year.

''(2) Upon recommendation by the North Pacific Council, the

Secretary may approve measures to allow catcher vessels eligible

under subsection (a) to deliver pollock harvested from the directed

fishing allowance under section 206(b)(1) to shoreside processors

not eligible under paragraph (1) if the total allowable catch for

pollock in the Bering Sea and Aleutian Islands Management Area

increases by more than 10 percent above the total allowable catch

in such fishery in 1997, or in the event of the actual total loss

or constructive total loss of a shoreside processor eligible under

paragraph (1)(A).

''(g) Replacement Vessels. - In the event of the actual total

loss or constructive total loss of a vessel eligible under

subsections (a), (b), (c), (d), or (e), the owner of such vessel

may replace such vessel with a vessel which shall be eligible in

the same manner under that subsection as the eligible vessel,

provided that -

''(1) such loss was caused by an act of God, an act of war, a

collision, an act or omission of a party other than the owner or

agent of the vessel, or any other event not caused by the willful

misconduct of the owner or agent;

''(2) the replacement vessel was built in the United States and

if ever rebuilt, was rebuilt in the United States;

''(3) the fishery endorsement for the replacement vessel is

issued within 36 months of the end of the last year in which the

eligible vessel harvested or processed pollock in the directed

pollock fishery;

''(4) if the eligible vessel is greater than 165 feet in

registered length, of more than 750 gross registered tons (as

measured under chapter 145 of title 46 (United States Code)) or

1,900 gross registered tons (()as measured under chapter 143 of

that title), or has engines capable of producing more than 3,000

shaft horsepower, the replacement vessel is of the same or lesser

registered length, gross registered tons, and shaft horsepower;

''(5) if the eligible vessel is less than 165 feet in

registered length, of fewer than 750 gross registered tons, and

has engines incapable of producing less than 3,000 shaft

horsepower, the replacement vessel is less than each of such

thresholds and does not exceed by more than 10 percent the

registered length, gross registered tons or shaft horsepower of

the eligible vessel; and

''(6) the replacement vessel otherwise qualifies under federal

law for a fishery endorsement, including under section 12102(c)

of title 46, United States Code, as amended by this Act.

''(h) Eligibility During Implementation. - In the event the

Secretary is unable to make a final determination about the

eligibility of a vessel under subsection (b)(8) or subsection

(e)(21) before January 1, 1999, or a vessel or shoreside processor

under subsection (a), subsection (c)(21), or subsection (f) before

January 1, 2000, such vessel or shoreside processor, upon the

filing of an application for eligibility, shall be eligible to

participate in the directed pollock fishery pending final

determination by the Secretary with respect to such vessel or

shoreside processor.

''(i) Eligibility Not a Right. - Eligibility under this section

shall not be construed -

''(1) to confer any right of compensation, monetary or

otherwise, to the owner of any catcher vessel, catcher/processor,

mothership, or shoreside processor if such eligibility is revoked

or limited in any way, including through the revocation or

limitation of a fishery endorsement or any federal permit or

license;

''(2) to create any right, title, or interest in or to any fish

in any fishery; or

''(3) to waive any provision of law otherwise applicable to

such catcher vessel, catcher/processor, mothership, or shoreside

processor.

''SEC. 209. LIST OF INELIGIBLE VESSELS.

''Effective December 31, 1998, the following vessels shall be

permanently ineligible for fishery endorsements, and any claims

(including relating to catch history) associated with such vessels

that could qualify any owners of such vessels for any present or

future limited access system permit in any fishery within the

exclusive economic zone of the United States (including a vessel

moratorium permit or license limitation program permit in fisheries

under the authority of the North Pacific Council) are hereby

extinguished:

''(1) AMERICAN EMPRESS (United States official number 942347);

''(2) PACIFIC SCOUT (United States official number 934772);

''(3) PACIFIC EXPLORER (United States official number 942592);

''(4) PACIFIC NAVIGATOR (United States official number 592204);

''(5) VICTORIA ANN (United States official number 592207);

''(6) ELIZABETH ANN (United States official number 534721);

''(7) CHRISTINA ANN (United States official number 653045);

''(8) REBECCA ANN (United States official number 592205); and

''(9) BROWNS POINT (United States official number 587440).

''SEC. 210. FISHERY COOPERATIVE LIMITATIONS.

''(a) Public Notice. - (1) Any contract implementing a fishery

cooperative under section 1 of the Act of June 25, 1934 (15 U.S.C.

521) in the directed pollock fishery and any material modifications

to any such contract shall be filed not less than 30 days prior to

the start of fishing under the contract with the North Pacific

Council and with the Secretary, together with a copy of a letter

from a party to the contract requesting a business review letter on

the fishery cooperative from the Department of Justice and any

response to such request. Notwithstanding section 402 of the

Magnuson-Stevens Act (16 U.S.C. 1881a) or any other provision of

law, but taking into account the interest of parties to any such

contract in protecting the confidentiality of proprietary

information, the North Pacific Council and Secretary shall -

''(A) make available to the public such information about the

contract, contract modifications, or fishery cooperative the

North Pacific Council and Secretary deem appropriate, which at a

minimum shall include a list of the parties to the contract, a

list of the vessels involved, and the amount of pollock and other

fish to be harvested by each party to such contract; and

''(B) make available to the public in such manner as the North

Pacific Council and Secretary deem appropriate information about

the harvest by vessels under a fishery cooperative of all species

(including bycatch) in the directed pollock fishery on a

vessel-by-vessel basis.

''(b) Catcher Vessels Onshore. -

''(1) Catcher vessel cooperatives. - Effective January 1, 2000,

upon the filing of a contract implementing a fishery cooperative

under subsection (a) which -

''(A) is signed by the owners of 80 percent or more of the

qualified catcher vessels that delivered pollock for processing

by a shoreside processor in the directed pollock fishery in the

year prior to the year in which the fishery cooperative will be

in effect; and

''(B) specifies, except as provided in paragraph (6), that

such catcher vessels will deliver pollock in the directed

pollock fishery only to such shoreside processor during the

year in which the fishery cooperative will be in effect and

that such shoreside processor has agreed to process such

pollock,

the Secretary shall allow only such catcher vessels (and catcher

vessels whose owners voluntarily participate pursuant to paragraph

(2)) to harvest the aggregate percentage of the directed fishing

allowance under section 206(b)(1) in the year in which the fishery

cooperative will be in effect that is equivalent to the aggregate

total amount of pollock harvested by such catcher vessels (and by

such catcher vessels whose owners voluntarily participate pursuant

to paragraph (2)) in the directed pollock fishery for processing by

the inshore component during 1995, 1996, and 1997 relative to the

aggregate total amount of pollock harvested in the directed pollock

fishery for processing by the inshore component during such years

and shall prevent such catcher vessels (and catcher vessels whose

owners voluntarily participate pursuant to paragraph (2)) from

harvesting in aggregate in excess of such percentage of such

directed fishing allowance.

''(2) Voluntary participation. - Any contract implementing a

fishery cooperative under paragraph (1) must allow the owners of

other qualified catcher vessels to enter into such contract after

it is filed and before the calender year in which fishing will

begin under the same terms and conditions as the owners of the

qualified catcher vessels who entered into such contract upon

filing.

''(3) Qualified catcher vessel. - For the purposes of this

subsection, a catcher vessel shall be considered a 'qualified

catcher vessel' if, during the year prior to the year in which

the fishery cooperative will be in effect, it delivered more

pollock to the shoreside processor to which it will deliver

pollock under the fishery cooperative in paragraph (1) than to

any other shoreside processor.

''(4) Consideration of certain vessels. - Any contract

implementing a fishery cooperative under paragraph (1) which has

been entered into by the owner of a qualified catcher vessel

eligible under section 208(a) that harvested pollock for

processing by catcher/processors or motherships in the directed

pollock fishery during 1995, 1996, and 1997 shall, to the extent

practicable, provide fair and equitable terms and conditions for

the owner of such qualified catcher vessel.

''(5) Open access. - A catcher vessel eligible under section

208(a) the catch history of which has not been attributed to a

fishery cooperative under paragraph (1) may be used to deliver

pollock harvested by such vessel from the directed fishing

allowance under section 206(b)(1) (other than pollock reserved

under paragraph (1) for a fishery cooperative) to any of the

shoreside processors eligible under section 208(f). A catcher

vessel eligible under section 208(a) the catch history of which

has been attributed to a fishery cooperative under paragraph (1)

during any calendar year may not harvest any pollock apportioned

under section 206(b)(1) in such calendar year other than the

pollock reserved under paragraph (1) for such fishery

cooperative.

''(6) Transfer of cooperative harvest. - A contract

implementing a fishery cooperative under paragraph (1) may,

notwithstanding the other provisions of this subsection, provide

for up to 10 percent of the pollock harvested under such

cooperative to be processed by a shoreside processor eligible

under section 208(f) other than the shoreside processor to which

pollock will be delivered under paragraph (1).

''(c) Catcher Vessels to Catcher/Processors. - Effective January

1, 1999, not less than 8.5 percent of the directed fishing

allowance under section 206(b)(2) shall be available for harvest

only by the catcher vessels eligible under section 208(b). The

owners of such catcher vessels may participate in a fishery

cooperative with the owners of the catcher/processors eligible

under paragraphs (1) through (20) of the section 208(e). The owners

of such catcher vessels may participate in a fishery cooperative

that will be in effect during 1999 only if the contract

implementing such cooperative establishes penalties to prevent such

vessels from exceeding in 1999 the traditional levels harvested by

such vessels in all other fisheries in the exclusive economic zone

of the United States.

''(d) Catcher Vessels to Motherships. -

''(1) Processing. - Effective January 1, 2000, the authority in

section 1 of the Act of June 25, 1934 (48 Stat. 1213 and 1214; 15

U.S.C. 521 et seq.) shall extend to processing by motherships

eligible under section 208(d) solely for the purposes of forming

or participating in a fishery cooperative in the directed pollock

fishery upon the filing of a contract to implement a fishery

cooperative under subsection (a) which has been entered into by

the owners of 80 percent or more of the catcher vessels eligible

under section 208(c) for the duration of such contract, provided

that such owners agree to the terms of the fishery cooperative

involving processing by the motherships.

''(2) Voluntary participation. - Any contract implementing a

fishery cooperative described in paragraph (1) must allow the

owners of any other catcher vessels eligible under section 208(c)

to enter such contract after it is filed and before the calendar

year in which fishing will begin under the same terms and

conditions as the owners of the catcher vessels who entered into

such contract upon filing.

''(e) Excessive Shares. -

''(1) Harvesting. - No particular individual, corporation, or

other entity may harvest, through a fishery cooperative or

otherwise, a total of more than 17.5 percent of the pollock

available to be harvested in the directed pollock fishery.

''(2) Processing. - Under the authority of section 301(a)(4) of

the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North

Pacific Council is directed to recommend for approval by the

Secretary conservation and management measures to prevent any

particular individual or entity from processing an excessive

share of the pollock available to be harvested in the directed

pollock fishery. In the event the North Pacific Council

recommends and the Secretary approves an excessive processing

share that is lower than 17.5 percent, any individual or entity

that previously processed a percentage greater than such share

shall be allowed to continue to process such percentage, except

that their percentage may not exceed 17.5 percent (excluding

pollock processed by catcher/processors that was harvested in the

directed pollock fishery by catcher vessels eligible under

208(b)) and shall be reduced if their percentage decreases, until

their percentage is below such share. In recommending the

excessive processing share, the North Pacific Council shall

consider the need of catcher vessels in the directed pollock

fishery to have competitive buyers for the pollock harvested by

such vessels.

''(3) Review by maritime administration. - At the request of

the North Pacific Council or the Secretary, any individual or

entity believed by such Council or the Secretary to have exceeded

the percentage in either paragraph (1) or (2) shall submit such

information to the Administrator of the Maritime Administration

as the Administrator deems appropriate to allow the Administrator

to determine whether such individual or entity has exceeded

either such percentage. The Administrator shall make a finding

as soon as practicable upon such request and shall submit such

finding to the North Pacific Council and the Secretary. For the

purposes of this subsection, any entity in which 10 percent or

more of the interest is owned or controlled by another individual

or entity shall be considered to be the same entity as the other

individual or entity.

''(f) Landing Tax Jurisdiction. - Any contract filed under

subsection (a) shall include a contract clause under which the

parties to the contract agree to make payments to the State of

Alaska for any pollock harvested in the directed pollock fishery

which is not landed in the State of Alaska, in amounts which would

otherwise accrue had the pollock been landed in the State of Alaska

subject to any landing taxes established under Alaska law. Failure

to include such a contract clause or for such amounts to be paid

shall result in a revocation of the authority to form fishery

cooperatives under section 1 of the Act of June 25, 1934 (15 U.S.C.

521 et seq.).

''(g) Penalties. - The violation of any of the requirements of

this subtitle or any regulation or permit issued pursuant to this

subtitle shall be considered the commission of an act prohibited by

section 307 of the Magnuson-Stevens Act (16 U.S.C. 1857), and

sections 308, 309, 310, and 311 of such Act (16 U.S.C. 1858, 1859,

1860, and 1861) shall apply to any such violation in the same

manner as to the commission of an act prohibited by section 307 of

such Act (16 U.S.C. 1857). In addition to the civil penalties and

permit sanctions applicable to prohibited acts under section 308 of

such Act (16 U.S.C. 1858), any person who is found by the

Secretary, after notice and an opportunity for a hearing in

accordance with section 554 of title 5, United States Code, to have

violated a requirement of this section shall be subject to the

forfeiture to the Secretary of Commerce of any fish harvested or

processed during the commission of such act.

''SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES.

''(a) General. - The North Pacific Council shall recommend for

approval by the Secretary such conservation and management measures

as it determines necessary to protect other fisheries under its

jurisdiction and the participants in those fisheries, including

processors, from adverse impacts caused by this Act (probably

should be ''this title'', see Tables for classification) or fishery

cooperatives in the directed pollock fishery.

''(b) Catcher/Processor Restrictions. -

''(1) General. - The restrictions in this subsection shall take

effect on January 1, 1999 and shall remain in effect thereafter

except that they may be superceded (with the exception of

paragraph (4)) by conservation and management measures

recommended after the date of the enactment of this Act (Oct. 21,

1998) by the North Pacific Council and approved by the Secretary

in accordance with the Magnuson-Stevens Act.

''(2) Bering sea fishing. - The catcher/processors eligible

under paragraphs (1) through (20) of section 208(e) are hereby

prohibited from, in the aggregate -

''(A) exceeding the percentage of the harvest available in

the offshore component of any Bering Sea and Aleutian Islands

groundfish fishery (other than the pollock fishery) that is

equivalent to the total harvest by such catcher/processors and

the catcher/processors listed in section 209 in the fishery in

1995, 1996, and 1997 relative to the total amount available to

be harvested by the offshore component in the fishery in 1995,

1996, and 1997;

''(B) exceeding the percentage of the prohibited species

available in the offshore component of any Bering Sea and

Aleutian Islands groundfish fishery (other than the pollock

fishery) that is equivalent to the total of the prohibited

species harvested by such catcher/processors and the

catcher/processors listed in section 209 in the fishery in

1995, 1996, and 1997 relative to the total amount of prohibited

species available to be harvested by the offshore component in

the fishery in 1995, 1996, and 1997; and

''(C) fishing for Atka mackerel in the eastern area of the

Bering Sea and Aleutian Islands and from exceeding the

following percentages of the directed harvest available in the

Bering Sea and Aleutian Islands Atka mackerel fishery -

''(i) 11.5 percent in the central area; and

''(ii) 20 percent in the western area.

''(3) Bering sea processing. - The catcher/processors eligible

under paragraphs (1) through (20) of section 208(e) are hereby

prohibited from -

''(A) processing any of the directed fishing allowances under

paragraphs (1) or (3) of section 206(b); and

''(B) processing any species of crab harvested in the Bering

Sea and Aleutian Islands Management Area.

''(4) Gulf of alaska. - The catcher/processors eligible under

paragraphs (1) through (20) of section 208(e) are hereby

prohibited from -

''(A) harvesting any fish in the Gulf of Alaska;

''(B) processing any groundfish harvested from the portion of

the exclusive economic zone off Alaska known as area 630 under

the fishery management plan for Gulf of Alaska groundfish; or

''(C) processing any pollock in the Gulf of Alaska (other

than as bycatch in non-pollock groundfish fisheries) or

processing, in the aggregate, a total of more than 10 percent

of the cod harvested from areas 610, 620, and 640 of the Gulf

of Alaska under the fishery management plan for Gulf of Alaska

groundfish.

''(5) Fisheries other than north pacific. - The

catcher/processors eligible under paragraphs (1) through (20) of

section 208(e) and motherships eligible under section 208(d) are

hereby prohibited from harvesting fish in any fishery under the

authority of any regional fishery management council established

under section 302(a) of the Magnuson-Stevens Act (16 U.S.C.

1852(a)) other than the North Pacific Council, except for the

Pacific whiting fishery, and from processing fish in any fishery

under the authority of any such regional fishery management

council other than the North Pacific Council, except in the

Pacific whiting fishery, unless the catcher/processor or

mothership is authorized to harvest or process fish under a

fishery management plan recommended by the regional fishery

management council of jurisdiction and approved by the Secretary.

''(6) Observers and scales. - The catcher/processors eligible

under paragraphs (1) through (20) of section 208(e) shall -

''(A) have two observers onboard at all times while

groundfish is being harvested, processed, or received from

another vessel in any fishery under the authority of the North

Pacific Council; and

''(B) weigh its catch on a scale onboard approved by the

National Marine Fisheries Service while harvesting groundfish

in fisheries under the authority of the North Pacific Council.

This paragraph shall take effect on January 1, 1999 for

catcher/processors eligible under paragraphs (1) through (20) of

section 208(e) that will harvest pollock allocated under section

206(a) in 1999, and shall take effect on January 1, 2000 for all

other catcher/processors eligible under such paragraphs of

section 208(e).

''(c) Catcher Vessel and Shoreside Processor Restrictions. -

''(1) Required council recommendations. - By not later than

July 1, 1999, the North Pacific Council shall recommend for

approval by the Secretary conservation and management measures to

-

''(A) prevent the catcher vessels eligible under subsections

(a), (b), and (c) of section 208 from exceeding in the

aggregate the traditional harvest levels of such vessels in

other fisheries under the authority of the North Pacific

Council as a result of fishery cooperatives in the directed

pollock fishery; and

''(B) protect processors not eligible to participate in the

directed pollock fishery from adverse effects as a result of

this Act or fishery cooperatives in the directed pollock

fishery.

If the North Pacific Council does not recommend such conservation

and management measures by such date, or if the Secretary

determines that such conservation and management measures

recommended by the North Pacific Council are not adequate to

fulfill the purposes of this paragraph, the Secretary may by

regulation restrict or change the authority in section 210(b) to

the extent the Secretary deems appropriate, including by

preventing fishery cooperatives from being formed pursuant to

such section and by providing greater flexibility with respect to

the shoreside processor or shoreside processors to which catcher

vessels in a fishery cooperative under section 210(b) may deliver

pollock.

''(2) Bering sea crab and groundfish. -

''(A) Effective January 1, 2000, the owners of the

motherships eligible under section 208(d) and the shoreside

processors eligible under section 208(f) that receive pollock

from the directed pollock fishery under a fishery cooperative

are hereby prohibited from processing, in the aggregate for

each calendar year, more than the percentage of the total catch

of each species of crab in directed fisheries under the

jurisdiction of the North Pacific Council than facilities

operated by such owners processed of each such species in the

aggregate, on average, in 1995, 1996, 1997. For the purposes of

this subparagraph, the term 'facilities' means any processing

plant, catcher/processor, mothership, floating processor, or

any other operation that processes fish. Any entity in which

10 percent or more of the interest is owned or controlled by

another individual or entity shall be considered to be the same

entity as the other individual or entity for the purposes of

this subparagraph.

''(B) Under the authority of section 301(a)(4) of the

Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North Pacific

Council is directed to recommend for approval by the Secretary

conservation and management measures to prevent any particular

individual or entity from harvesting or processing an excessive

share of crab or of groundfish in fisheries in the Bering Sea

and Aleutian Islands Management Area.

''(C) The catcher vessels eligible under section 208(b) are

hereby prohibited from participating in a directed fishery for

any species of crab in the Bering Sea and Aleutian Islands

Management Area unless the catcher vessel harvested crab in the

directed fishery for that species of crab in such Area during

1997 and is eligible to harvest such crab in such directed

fishery under the license limitation program recommended by the

North Pacific Council and approved by the Secretary. The North

Pacific Council is directed to recommend measures for approval

by the Secretary to eliminate latent licenses under such

program, and nothing in this subparagraph shall preclude the

Council from recommending measures more restrictive than under

this paragraph.

''(3) Fisheries other than north pacific. -

''(A) By not later than July 1, 2000, the Pacific Fishery

Management Council established under section 302(a)(1)(F) of

the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(F)) shall

recommend for approval by the Secretary conservation and

management measures to protect fisheries under its jurisdiction

and the participants in those fisheries from adverse impacts

caused by this Act (probably should be ''this title'', see

Tables for classification) or by any fishery cooperatives in

the directed pollock fishery.

''(B) If the Pacific Council does not recommend such

conservation and management measures by such date, or if the

Secretary determines that such conservation and management

measures recommended by the Pacific Council are not adequate to

fulfill the purposes of this paragraph, the Secretary may by

regulation implement adequate measures including, but not

limited to, restrictions on vessels which harvest pollock under

a fishery cooperative which will prevent such vessels from

harvesting Pacific groundfish, and restrictions on the number

of processors eligible to process Pacific groundfish.

''(d) Bycatch Information. - Notwithstanding section 402 of the

Magnuson-Stevens Act (16 U.S.C. 1881a), the North Pacific Council

may recommend and the Secretary may approve, under such terms and

conditions as the North Pacific Council and Secretary deem

appropriate, the public disclosure of any information from the

groundfish fisheries under the authority of such Council that would

be beneficial in the implementation of section 301(a)(9) or section

303(a)(11) of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(9) and

1853(a)(11)).

''(e) Community Development Loan Program. - Under the authority

of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271

et seq.), and subject to the availability of appropriations, the

Secretary is authorized to provide direct loan obligations to

communities eligible to participate in the western Alaska community

development quota program established under 304(i) (305(i)) of the

Magnuson-Stevens Act (16 U.S.C. 1855(i)) for the purposes of

purchasing all or part of an ownership interest in vessels and

shoreside processors eligible under subsections (a), (b), (c), (d),

(e), or (f) of section 208. Notwithstanding the eligibility

criteria in section 208(a) and section 208(c), the LISA MARIE

(United States official number 1038717) shall be eligible under

such sections in the same manner as other vessels eligible under

such sections.

''SEC. 212. RESTRICTION ON FEDERAL LOANS.

''(Amended section 302(b) of Pub. L. 104-297, set out as a note

under section 1274 of Title 46, Appendix, Shipping.)

''SEC. 213. DURATION.

''(a) General. - Except as otherwise provided in this title (see

Tables for classification), the provisions of this title shall take

effect upon the date of the enactment of this Act (Oct. 21, 1998).

There are authorized to be appropriated $6,700,000 per year to

carry out the provisions of this Act (probably should be ''this

title'', see Tables for classification) through fiscal year 2004.

''(b) Existing Authority. - Except for the measures required by

this subtitle (this note), nothing in this subtitle shall be

construed to limit the authority of the North Pacific Council or

the Secretary under the Magnuson-Stevens Act.

''(c) Changes to Fishery Cooperative Limitations and Pollock CDQ

Allocation. - The North Pacific Council may recommend and the

Secretary may approve conservation and management measures in

accordance with the Magnuson-Stevens Act -

''(1) that supersede the provisions of this subtitle, except

for sections 206 and 208, for conservation purposes or to

mitigate adverse effects in fisheries or on owners of fewer than

three vessels in the directed pollock fishery caused by this

title or fishery cooperatives in the directed pollock fishery,

provided such measures take into account all factors affecting

the fisheries and are imposed fairly and equitably to the extent

practicable among and within the sectors in the directed pollock

fishery;

''(2) that supersede the allocation in section 206(a) for any

of the years 2002, 2003, and 2004, upon the finding by such

Council that the western Alaska community development quota

program for pollock has been adversely affected by the amendments

in this subtitle; or

''(3) that supersede the criteria required in paragraph (1) of

section 210(b) to be used by the Secretary to set the percentage

allowed to be harvested by catcher vessels pursuant to a fishery

cooperative under such paragraph.

''(d) Report to Congress. - Not later than October 1, 2000, the

North Pacific Council shall submit a report to the Secretary and to

Congress on the implementation and effects of this Act (title),

including the effects on fishery conservation and management, on

bycatch levels, on fishing communities, on business and employment

practices of participants in any fishery cooperatives, on the

western Alaska community development quota program, on any

fisheries outside of the authority of the North Pacific Council,

and such other matters as the North Pacific Council deems

appropriate.

''(e) Report on Fillet Production. - Not later than June 1, 2000,

the General Accounting Office shall submit a report to the North

Pacific Council, the Secretary, and the Congress on whether this

Act has negatively affected the market for fillets and fillet

blocks, including through the reduction in the supply of such

fillets and fillet blocks. If the report determines that such

market has been negatively affected, the North Pacific Council

shall recommend measures for the Secretary's approval to mitigate

any negative effects.

''(f) Severability. - If any provision of this title, an

amendment made by this title, or the application of such provision

or amendment to any person or circumstance is held to be

unconstitutional, the remainder of this title, the amendments made

by this title, and the application of the provisions of such to any

person or circumstance shall not be affected thereby.

''(g) International Agreements. - In the event that any provision

of section 12102(c) or section 31322(a) of title 46, United States

Code, as amended by this Act, is determined to be inconsistent with

an existing international agreement relating to foreign investment

to which the United States is a party with respect to the owner or

mortgagee on (sic) of a vessel with a fishery endorsement, such

provision shall not apply to that owner or mortgagee with respect

to their ownership or mortgage interest in such vessel on that date

to the extent of any such inconsistency. The provisions of section

12102(c) and section 31322(a) of title 46, United States Code, as

amended by this Act, shall apply to all subsequent owners and

mortgagees of such vessel, and shall apply, notwithstanding the

preceding sentence, to the owner on (sic) of such vessel if any

ownership interest in that owner is transferred to or otherwise

acquired by a foreign individual or entity after or if the

percentage of foreign ownership in the vessel is increased after

the effective date of this subsection (July 24, 2001).''

(Pub. L. 107-20, title II, Sec. 2202(e)(2), July 24, 2001, 115

Stat. 170, provided that: ''Section 213(g) of the American

Fisheries Act (Public Law 105-277, division C, title II) (set out

above) shall take effect on the date of enactment of this Act (July

24, 2001).'')

RESTRICTION ON FUNDING CERTAIN NEW FISHERY MANAGEMENT PLANS,

AMENDMENTS OR REGULATIONS

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec.

208, 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-40, 3009-41,

provided that: ''None of the funds appropriated under this Act or

any other Act henceforth may be used to develop new fishery

management plans, amendments, or regulations which create new

individual fishing quota programs (whether such quotas are

transferable or not) or to implement any such plans, amendments or

regulations approved by a Regional Fishery Management Council or

the Secretary after January 4, 1995, until offsetting fees to pay

for the cost of administering such plans, amendments, or

regulations are expressly authorized under the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

This restriction shall also apply to any program relating to the

Gulf of Mexico commercial red snapper fishery that authorizes the

consolidation of licenses, permits or endorsements that result in

different trip limits for vessels in the same class. This

restriction shall not apply in any way to the North Pacific halibut

and sablefish, South Atlantic wreckfish, or the Mid-Atlantic

surfclam and ocean (including mahogany) quohog individual fishing

quota programs. The term 'individual fishing quota' does not

include a community development quota.''

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 104-134, title I, Sec. 101((a)) (title II, Sec. 210),

Apr. 26, 1996, 110 Stat. 1321, 1321-31; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327; repealed by Pub.

L. 104-297, title I, Sec. 108(f)(6), Oct. 11, 1996, 110 Stat. 3579.

ALBEMARLE SOUND-ROANOKE RIVER BASIN: STRIPED BASS STUDY

Pub. L. 100-589, Sec. 5, Nov. 3, 1988, 102 Stat. 2984, related to

requirement of biological study of striped bass fishery resources

and habitats of Albemarle Sound-Roanoke River basin area and

development of short-term and long-term recommendations for

restoring and conserving these resources and habitats, prior to

repeal by Pub. L. 105-146, Sec. 3(b), Dec. 16, 1997, 111 Stat.

2677.

EXCLUSIVE ECONOMIC ZONE: ATLANTIC STRIPED BASS PROTECTION

Pub. L. 100-589, Sec. 6(a)-(f), Nov. 3, 1988, 102 Stat. 2986, as

amended by Pub. L. 102-130, Sec. 4, Oct. 17, 1991, 105 Stat. 627;

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec.

211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41, directed

Secretary of Commerce to regulate fishing for Atlantic striped bass

in exclusive economic zone determined to be consistent with

national standards set forth in this section, prior to repeal by

Pub. L. 105-146, Sec. 3(c), Dec. 16, 1997, 111 Stat. 2677.

ATLANTIC STRIPED BASS CONSERVATION

Pub. L. 98-613, Sec. 1-9, Oct. 31, 1984, 98 Stat. 3187-3190, as

amended, formerly set out as a note under this section, was

transferred to chapter 71A (Sec. 5151 et seq.) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1434, 1802, 5103, 5107b,

5158 of this title.

-CITE-

16 USC Sec. 1852 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1852. Regional Fishery Management Councils

-STATUTE-

(a) Establishment

(1) There shall be established, within 120 days after April 13,

1976, eight Regional Fishery Management Councils, as follows:

(A) New England Council

The New England Fishery Management Council shall consist of the

States of Maine, New Hampshire, Massachusetts, Rhode Island, and

Connecticut and shall have authority over the fisheries in the

Atlantic Ocean seaward of such States (except as provided in

paragraph (3)). The New England Council shall have 18 voting

members, including 12 appointed by the Secretary in accordance

with subsection (b)(2) of this section (at least one of whom

shall be appointed from each such State).

(B) Mid-Atlantic Council

The Mid-Atlantic Fishery Management Council shall consist of

the States of New York, New Jersey, Delaware, Pennsylvania,

Maryland, Virginia, and North Carolina and shall have authority

over the fisheries in the Atlantic Ocean seaward of such States

(except North Carolina, and as provided in paragraph (3)). The

Mid-Atlantic Council shall have 21 voting members, including 13

appointed by the Secretary in accordance with subsection (b)(2)

of this section (at least one of whom shall be appointed from

each such State).

(C) South Atlantic Council

The South Atlantic Fishery Management Council shall consist of

the States of North Carolina, South Carolina, Georgia, and

Florida and shall have authority over the fisheries in the

Atlantic Ocean seaward of such States (except as provided in

paragraph (3)). The South Atlantic Council shall have 13 voting

members, including 8 appointed by the Secretary in accordance

with subsection (b)(2) of this section (at least one of whom

shall be appointed from each such State).

(D) Caribbean Council

The Caribbean Fishery Management Council shall consist of the

Virgin Islands and the Commonwealth of Puerto Rico and shall have

authority over the fisheries in the Caribbean Sea and Atlantic

Ocean seaward of such States (except as provided in paragraph

(3)). The Caribbean Council shall have 7 voting members,

including 4 appointed by the Secretary in accordance with

subsection (b)(2) of this section (at least one of whom shall be

appointed from each such State).

(E) Gulf Council

The Gulf of Mexico Fishery Management Council shall consist of

the States of Texas, Louisiana, Mississippi, Alabama, and Florida

and shall have authority over the fisheries in the Gulf of Mexico

seaward of such States (except as provided in paragraph (3)). The

Gulf Council shall have 17 voting members, including 11 appointed

by the Secretary in accordance with subsection (b)(2) of this

section (at least one of whom shall be appointed from each such

State).

(F) Pacific Council

The Pacific Fishery Management Council shall consist of the

States of California, Oregon, Washington, and Idaho and shall

have authority over the fisheries in the Pacific Ocean seaward of

such States. The Pacific Council shall have 14 voting members,

including 8 appointed by the Secretary in accordance with

subsection (b)(2) of this section (at least one of whom shall be

appointed from each such State), and including one appointed from

an Indian tribe with Federally (FOOTNOTE 1) recognized fishing

rights from California, Oregon, Washington, or Idaho in

accordance with subsection (b)(5) of this section.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(G) North Pacific Council

The North Pacific Fishery Management Council shall consist of

the States of Alaska, Washington, and Oregon and shall have

authority over the fisheries in the Arctic Ocean, Bering Sea, and

Pacific Ocean seaward of Alaska. The North Pacific Council shall

have 11 voting members, including 7 appointed by the Secretary in

accordance with subsection (b)(2) of this section (5 of whom

shall be appointed from the State of Alaska and 2 of whom shall

be appointed from the State of Washington).

(H) Western Pacific Council

The Western Pacific Fishery Management Council shall consist of

the States of Hawaii, American Samoa, Guam, and the Northern

Mariana Islands and shall have authority over the fisheries in

the Pacific Ocean seaward of such States and of the

Commonwealths, territories, and possessions of the United States

in the Pacific Ocean area. The Western Pacific Council shall

have 13 voting members, including 8 appointed by the Secretary in

accordance with subsection (b)(2) of this section (at least one

of whom shall be appointed from each of the following States:

Hawaii, American Samoa, Guam, and the Northern Mariana Islands).

(2) Each Council shall reflect the expertise and interest of the

several constituent States in the ocean area over which such

Council is granted authority.

(3) The Secretary shall have authority over any highly migratory

species fishery that is within the geographical area of authority

of more than one of the following Councils: New England Council,

Mid-Atlantic Council, South Atlantic Council, Gulf Council, and

Caribbean Council.

(b) Voting members

(1) The voting members of each Council shall be:

(A) The principal State official with marine fishery management

responsibility and expertise in each constituent State, who is

designated as such by the Governor of the State, so long as the

official continues to hold such position, or the designee of such

official.

(B) The regional director of the National Marine Fisheries

Service for the geographic area concerned, or his designee,

except that if two such directors are within such geographical

area, the Secretary shall designate which of such directors shall

be the voting member.

(C) The members required to be appointed by the Secretary in

accordance with paragraphs (2) and (5).

(2)(A) The members of each Council required to be appointed by

the Secretary must be individuals who, by reason of their

occupational or other experience, scientific expertise, or

training, are knowledgeable regarding the conservation and

management, or the commercial or recreational harvest, of the

fishery resources of the geographical area concerned. Within nine

months after November 28, 1990, the Secretary shall, by regulation,

prescribe criteria for determining whether an individual satisfies

the requirements of this subparagraph.

(B) The Secretary, in making appointments under this section,

shall, to the extent practicable, ensure a fair and balanced

apportionment, on a rotating or other basis, of the active

participants (or their representatives) in the commercial and

recreational fisheries under the jurisdiction of the Council. On

January 31, 1991, and each year thereafter, the Secretary shall

submit to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Merchant Marine and Fisheries of

the House of Representatives a report on the actions taken by the

Secretary to ensure that such fair and balanced apportionment is

achieved. The report shall -

(i) list the fisheries under the jurisdiction of each Council,

outlining for each fishery the type and quantity of fish

harvested, fishing and processing methods employed, the number of

participants, the duration and range of the fishery, and other

distinguishing characteristics;

(ii) assess the membership of each Council in terms of the

apportionment of the active participants in each such fishery;

and

(iii) state the Secretary's plans and schedule for actions to

achieve a fair and balanced apportionment on the Council for the

active participants in any such fishery.

(C) The Secretary shall appoint the members of each Council from

a list of individuals submitted by the Governor of each applicable

constituent State. A Governor may not submit the names of

individuals to the Secretary for appointment unless the Governor

has determined that each such individual is qualified under the

requirements of subparagraph (A) and unless the Governor has, to

the extent practicable, first consulted with representatives of the

commercial and recreational fishing interests of the State

regarding those individuals. Each such list shall include the

names and pertinent biographical data of not less than three

individuals for each applicable vacancy and shall be accompanied by

a statement by the Governor explaining how each such individual

meets the requirements of subparagraph (A). The Secretary shall

review each list submitted by a Governor to ascertain if the

individuals on the list are qualified for the vacancy on the basis

of such requirements. If the Secretary determines that any

individual is not qualified, the Secretary shall notify the

appropriate Governor of that determination. The Governor shall

then submit a revised list or resubmit the original list with an

additional explanation of the qualifications of the individual in

question. An individual is not eligible for appointment by the

Secretary until that individual complies with the applicable

financial disclosure requirements under subsection (k) (FOOTNOTE 2)

of this section.

(FOOTNOTE 2) So in original. Probably should be subsection

''(j)''.

(D) Whenever the Secretary makes an appointment to a Council, the

Secretary shall make a public announcement of such appointment not

less than 45 days before the first day on which the individual is

to take office as a member of the Council.

(3) Each voting member appointed to a Council by the Secretary in

accordance with paragraphs (2) and (5) shall serve for a term of 3

years; except that the Secretary may designate a shorter term if

necessary to provide for balanced expiration to terms of office.

No member appointed after January 1, 1986, may serve more than

three consecutive terms. Any term in which an individual was

appointed to replace a member who left office during the term shall

not be counted in determining the number of consecutive terms

served by that Council member.

(4) Successors to the voting members of any Council shall be

appointed in the same manner as the original voting members. Any

individual appointed to fill a vacancy occurring prior to the

expiration of any term of office shall be appointed for the

remainder of that term.

(5)(A) The Secretary shall appoint to the Pacific Council one

representative of an Indian tribe with Federally (FOOTNOTE 3)

recognized fishing rights from California, Oregon, Washington, or

Idaho from a list of not less than 3 individuals submitted by the

tribal governments. The Secretary, in consultation with the

Secretary of the Interior and tribal governments, shall establish

by regulation the procedure for submitting a list under this

subparagraph.

(FOOTNOTE 3) So in original. Probably should not be

capitalized.

(B) Representation shall be rotated among the tribes taking into

consideration -

(i) the qualifications of the individuals on the list referred

to in subparagraph (A),

(ii) the various rights of the Indian tribes involved and

judicial cases that set forth how those rights are to be

exercised, and

(iii) the geographic area in which the tribe of the

representative is located.

(C) A vacancy occurring prior to the expiration of any term shall

be filled in the same manner as set out in subparagraphs (A) and

(B), except that the Secretary may use the list from which the

vacating representative was chosen.

(6) The Secretary may remove for cause any member of a Council

required to be appointed by the Secretary in accordance with

paragraphs (FOOTNOTE 4) (2) or (5) if -

(FOOTNOTE 4) So in original. Probably should be ''paragraph''.

(A) the Council concerned first recommends removal by not less

than two-thirds of the members who are voting members and submits

such removal recommendation to the Secretary in writing together

with a statement of the basis for the recommendation; or

(B) the member is found by the Secretary, after notice and an

opportunity for a hearing in accordance with section 554 of title

5, to have committed an act prohibited by section 1857(1)(O) of

this title.

(c) Nonvoting members

(1) The nonvoting members of each Council shall be:

(A) The regional or area director of the United States Fish and

Wildlife Service for the geographical area concerned, or his

designee.

(B) The Commander of the Coast Guard district for the

geographical area concerned, or his designee; except that, if two

Coast Guard districts are within such geographical area, the

commander designated for such purpose by the commandant of the

Coast Guard.

(C) The executive director of the Marine Fisheries Commission

for the geographical area concerned, if any, or his designee.

(D) One representative of the Department of State designated

for such purpose by the Secretary of State, or his designee.

(2) The Pacific Council shall have one additional nonvoting

member who shall be appointed by, and serve at the pleasure of, the

Governor of Alaska.

(d) Compensation and expenses

The voting members of each Council who are required to be

appointed by the Secretary and who are not employed by the Federal

Government or any State or local government, shall receive

compensation at the daily rate for GS-15, step 7 of the General

Schedule, when engaged in the actual performance of duties for such

Council. The voting members of each Council, any nonvoting member

described in subsection (c)(1)(C) of this section, and the

nonvoting member appointed pursuant to subsection (c)(2) of this

section shall be reimbursed for actual expenses incurred in the

performance of such duties, and other nonvoting members and Council

staff members may be reimbursed for actual expenses.

(e) Transaction of business

(1) A majority of the voting members of any Council shall

constitute a quorum, but one or more such members designated by the

Council may hold hearings. All decisions of any Council shall be

by majority vote of the voting members present and voting.

(2) The voting members of each Council shall select a Chairman

for such Council from among the voting members.

(3) Each Council shall meet at appropriate times and places in

any of the constituent States of the Council at the call of the

Chairman or upon the request of a majority of its voting members.

(4) If any voting member of a Council disagrees with respect to

any matter which is transmitted to the Secretary by such Council,

such member may submit a statement to the Secretary setting forth

the reasons for such disagreement. The regional director of the

National Marine Fisheries Service serving on the Council, or the

regional director's designee, shall submit such a statement, which

shall be made available to the public upon request, if the regional

director disagrees with any such matter.

(5) At the request of any voting member of a Council, the Council

shall hold a roll call vote on any matter before the Council. The

official minutes and other appropriate records of any Council

meeting shall identify all roll call votes held, the name of each

voting member present during each roll call vote, and how each

member voted on each roll call vote.

(f) Staff and administration

(1) Each Council may appoint, and assign duties to, an executive

director and such other full- and part-time administrative

employees as the Secretary determines are necessary to the

performance of its functions.

(2) Upon the request of any Council, and after consultation with

the Secretary, the head of any Federal agency is authorized to

detail to such Council, on a reimbursable basis, any of the

personnel of such agency, to assist such Council in the performance

of its functions under this chapter.

(3) The Secretary shall provide to each Council such

administrative and technical support services as are necessary for

the effective functioning of such Council.

(4) The Administrator of General Services shall furnish each

Council with such offices, equipment, supplies, and services as he

is authorized to furnish to any other agency or instrumentality of

the United States.

(5) The Secretary and the Secretary of State shall furnish each

Council with relevant information concerning foreign fishing and

international fishery agreements.

(6) Each Council shall determine its organization, and prescribe

its practices and procedures for carrying out its functions under

this chapter, in accordance with such uniform standards as are

prescribed by the Secretary. The procedures of a Council, and of

its scientific and statistical committee and advisory panels

established under subsection (g) of this section, must be

consistent with the procedural guidelines set forth in subsection

(i)(2) of this section. Each Council shall publish and make

available to the public a statement of its organization, practices,

and procedures.

(7) The Secretary shall pay -

(A) the compensation and expenses provided for in subsection

(d) of this section;

(B) appropriate compensation to employees appointed under

paragraph (1);

(C) the amounts required for reimbursement of other Federal

agencies under paragraphs (2) and (4);

(D) the actual expenses of the members of the committees and

panels established under subsection (g) of this section; and

(E) such other costs as the Secretary determines are necessary

to the performance of the functions of the Councils.

(g) Committees and panels

(1) Each Council shall establish and maintain, and appoint the

members of, a scientific and statistical committee to assist it in

the development, collection, and evaluation of such statistical,

biological, economic, social, and other scientific information as

is relevant to such Council's development and amendment of any

fishery management plan.

(2) Each Council shall establish such other advisory panels as

are necessary or appropriate to assist it in carrying out its

functions under this chapter.

(3)(A) Each Council shall establish and maintain a fishing

industry advisory committee which shall provide information and

recommendations on, and assist in the development of, fishery

management plans and amendments to such plans.

(B) Appointments to a committee established under subparagraph

(A) shall be made by each Council in such a manner as to provide

fair representation to commercial fishing interests in the

geographical area of authority of the Council.

(4) The Secretary shall establish advisory panels to assist in

the collection and evaluation of information relevant to the

development of any fishery management plan or plan amendment for a

fishery to which subsection (a)(3) of this section applies. Each

advisory panel shall participate in all aspects of the development

of the plan or amendment; be balanced in its representation of

commercial, recreational, and other interests; and consist of not

less than 7 individuals who are knowledgeable about the fishery for

which the plan or amendment is developed, selected from among -

(A) members of advisory committees and species working groups

appointed under Acts implementing relevant international fishery

agreements pertaining to highly migratory species; and

(B) other interested persons.

(5) Decisions and recommendations made by committees and panels

established under this subsection shall be considered to be

advisory in nature.

(h) Functions

Each Council shall, in accordance with the provisions of this

chapter -

(1) for each fishery under its authority that requires

conservation and management, prepare and submit to the Secretary

(A) a fishery management plan, and (B) amendments to each such

plan that are necessary from time to time (and promptly whenever

changes in conservation and management measures in another

fishery substantially affect the fishery for which such plan was

developed);

(2) prepare comments on any application for foreign fishing

transmitted to it under section 1824(b)(4)(C) of this title or

section 1824(d) of this title, and any fishery management plan or

amendment transmitted to it under section 1854(c)(4) of this

title;

(3) conduct public hearings, at appropriate times and in

appropriate locations in the geographical area concerned, so as

to allow all interested persons an opportunity to be heard in the

development of fishery management plans and amendments to such

plans, and with respect to the administration and implementation

of the provisions of this chapter (and for purposes of this

paragraph, the term ''geographical area concerned'' may include

an area under the authority of another Council if the fish in the

fishery concerned migrate into, or occur in, that area or if the

matters being heard affect fishermen of that area; but not unless

such other Council is first consulted regarding the conduct of

such hearings within its area);

(4) submit to the Secretary such periodic reports as the

Council deems appropriate, and any other relevant report which

may be requested by the Secretary;

(5) review on a continuing basis, and revise as appropriate,

the assessments and specifications made pursuant to section

1853(a)(3) and (4) of this title with respect to the optimum

yield from, the capacity and extent to which United States fish

processors will process United States harvested fish from, and

the total allowable level of foreign fishing in, each fishery

(except as provided in section (FOOTNOTE 5) subsection (a)(3) of

this section) within its geographical area of authority; and

(FOOTNOTE 5) So in original. The word ''section'' probably

should not appear.

(6) conduct any other activities which are required by, or

provided for in, this chapter or which are necessary and

appropriate to the foregoing functions.

(i) Procedural matters

(1) The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to the Councils or to the scientific and statistical

committees or advisory panels established under subsection (g) of

this section.

(2) The following guidelines apply with respect to the conduct of

business at meetings of a Council, and of the scientific and

statistical committee and advisory panels established under

subsection (g) of this section:

(A) Unless closed in accordance with paragraph (3), each

regular meeting and each emergency meeting shall be open to the

public.

(B) Emergency meetings shall be held at the call of the

chairman or equivalent presiding officer.

(C) Timely public notice of each regular meeting and each

emergency meeting, including the time, place, and agenda of the

meeting, shall be published in local newspapers in the major

fishing ports of the region (and in other major fishing ports

having a direct interest in the affected fishery) and such notice

may be given by such other means as will result in wide

publicity. Timely notice of each regular meeting shall also be

published in the Federal Register. The published agenda of the

meeting may not be modified to include additional matters for

Council action without public notice or within 14 days prior to

the meeting date, unless such modification is to address an

emergency action under section 1855(c) of this title, in which

case public notice shall be given immediately.

(D) Interested persons shall be permitted to present oral or

written statements regarding the matters on the agenda at

meetings. All written information submitted to a Council by an

interested person shall include a statement of the source and

date of such information. Any oral or written statement shall

include a brief description of the background and interests of

the person in the subject of the oral or written statement.

(E) Detailed minutes of each meeting of the Council, except for

any closed session, shall be kept and shall contain a record of

the persons present, a complete and accurate description of

matters discussed and conclusions reached, and copies of all

statements filed. The Chairman shall certify the accuracy of the

minutes of each such meeting and submit a copy thereof to the

Secretary. The minutes shall be made available to any court of

competent jurisdiction.

(F) Subject to the procedures established under paragraph (4),

and the guidelines prescribed by the Secretary under section

1881a(b) of this title, relating to confidentiality, the

administrative record, including minutes required under

subparagraph (E), of each meeting, and records or other documents

which were made available to or prepared for or by the Council,

committee, or panel incident to the meeting, shall be available

for public inspection and copying at a single location in the

offices of the Council or the Secretary, as appropriate.

(3)(A) Each Council, scientific, and statistical committee, and

advisory panel -

(i) shall close any meeting, or portion thereof, that concerns

matters or information that bears a national security

classification; and

(ii) may close any meeting, or portion thereof, that concerns

matters or information that pertains to national security,

employment matters, or briefings on litigation in which the

Council is interested.

Subparagraphs (D) and (F) of paragraph (2) shall not apply to any

meeting or portion thereof that is so closed.

(B) If any meeting or portion is closed, the Council concerned

shall notify local newspapers in the major fishing ports within its

region (and in other major, affected fishing ports), including in

that notification the time and place of the meeting. This

subpararaph (FOOTNOTE 6) does not require notification regarding

any brief closure of a portion of a meeting in order to discuss

employment or other internal administrative matters.

(FOOTNOTE 6) So in original. Probably should be

''subparagraph''.

(4) Each Council shall establish appropriate procedures

applicable to it and to its committee and advisory panels for

ensuring the confidentiality of the statistics that may be

submitted to it by Federal or State authorities, and may be

voluntarily submitted to it by private persons; including, but not

limited to, procedures for the restriction of Council employee

access and the prevention of conflicts of interest; except that

such procedures, in the case of statistics submitted to the Council

by a State or by the Secretary under section 1881a(b) of this

title, must be consistent with the laws and regulations of that

State, or with the procedures of the Secretary, as the case may be,

concerning the confidentiality of the statistics.

(5) Each Council shall specify those procedures that are

necessary or appropriate to ensure that the committees and advisory

panels established under subsection (g) of this section are

involved, on a continuing basis, in the development and amendment

of fishery management plans.

(6) At any time when a Council determines it appropriate to

consider new information from a State or Federal agency or from a

Council advisory body, the Council shall give comparable

consideration to new information offered at that time by interested

members of the public. Interested parties shall have a reasonable

opportunity to respond to new data or information before the

Council takes final action on conservation and management measures.

(j) Disclosure of financial interest and recusal

(1) For the purposes of this subsection -

(A) the term ''affected individual'' means an individual who -

(i) is nominated by the Governor of a State for appointment

as a voting member of a Council in accordance with subsection

(b)(2) of this section; or

(ii) is a voting member of a Council appointed -

(I) under subsection (b)(2) of this section; or

(II) under subsection (b)(5) of this section who is not

subject to disclosure and recusal requirements under the laws

of an Indian tribal government; and

(B) the term ''designated official'' means a person with

expertise in Federal conflict-of-interest requirements who is

designated by the Secretary, in consultation with the Council, to

attend Council meetings and make determinations under paragraph

(7)(B).

(2) Each affected individual must disclose any financial interest

held by -

(A) that individual;

(B) the spouse, minor child, or partner of that individual; and

(C) any organization (other than the Council) in which that

individual is serving as an officer, director, trustee, partner,

or employee;

in any harvesting, processing, or marketing activity that is being,

or will be, undertaken within any fishery over which the Council

concerned has jurisdiction.

(3) The disclosure required under paragraph (2) shall be made -

(A) in the case of an affected individual referred to in

paragraph (1)(A)(i), before appointment by the Secretary; and

(B) in the case of an affected individual referred to in

paragraph (1)(A)(ii), within 45 days of taking office.

(4) An affected individual referred to in paragraph (1)(A)(ii)

must update his or her disclosure form at any time any such

financial interest is acquired, or substantially changed, by any

person referred to in paragraph (2)(A), (B), or (C).

(5) The financial interest disclosures required by this

subsection shall -

(A) be made on such forms, in accordance with such procedures,

and at such times, as the Secretary shall by regulation

prescribe;

(B) be kept on file, and made available for public inspection

at reasonable hours, at the Council offices; and

(C) be kept on file by the Secretary for use in reviewing

determinations under paragraph (7)(B) and made available for

public inspection at reasonable hours.

(6) The participation by an affected individual referred to in

paragraph (1)(A)(ii) in an action by a Council during any time in

which that individual is not in compliance with the regulations

prescribed under paragraph (5) may not be treated as cause for the

invalidation of that action.

(7)(A) After the effective date of regulations promulgated under

subparagraph (F) of this paragraph, an affected individual required

to disclose a financial interest under paragraph (2) shall not vote

on a Council decision which would have a significant and

predictable effect on such financial interest. A Council decision

shall be considered to have a significant and predictable effect on

a financial interest if there is a close causal link between the

Council decision and an expected and substantially disproportionate

benefit to the financial interest of the affected individual

relative to the financial interests of other participants in the

same gear type or sector of the fishery. An affected individual

who may not vote may participate in Council deliberations relating

to the decision after notifying the Council of the voting recusal

and identifying the financial interest that would be affected.

(B) At the request of an affected individual, or upon the

initiative of the appropriate designated official, the designated

official shall make a determination for the record whether a

Council decision would have a significant and predictable effect on

a financial interest.

(C) Any Council member may submit a written request to the

Secretary to review any determination by the designated official

under subparagraph (B) within 10 days of such determination. Such

review shall be completed within 30 days of receipt of the request.

(D) Any affected individual who does not vote in a Council

decision in accordance with this subsection may state for the

record how he or she would have voted on such decision if he or she

had voted.

(E) If the Council makes a decision before the Secretary has

reviewed a determination under subparagraph (C), the eventual

ruling may not be treated as cause for the invalidation or

reconsideration by the Secretary of such decision.

(F) The Secretary, in consultation with the Councils and by not

later than one year from October 11, 1996, shall promulgate

regulations which prohibit an affected individual from voting in

accordance with subparagraph (A), and which allow for the making of

determinations under subparagraphs (B) and (C).

(8) Section 208 of title 18 does not apply to an affected

individual referred to in paragraph (1)(A)(ii) during any time in

which that individual is in compliance with the regulations

prescribed under paragraph (5).

-SOURCE-

(Pub. L. 94-265, title III, Sec. 302, Apr. 13, 1976, 90 Stat. 347;

Pub. L. 95-354, Sec. 5(1), Aug. 28, 1978, 92 Stat. 521; Pub. L.

96-561, title II, Sec. 234, Dec. 22, 1980, 94 Stat. 3299; Pub. L.

97-453, Sec. 5, Jan. 12, 1983, 96 Stat. 2484; Pub. L. 99-659, title

I, Sec. 104(a)(1), (b)-(e)(1), Nov. 14, 1986, 100 Stat. 3709, 3710;

Pub. L. 101-627, title I, Sec. 108(a)-(j), 120(c), Nov. 28, 1990,

104 Stat. 4444-4446, 4459; Pub. L. 102-582, title IV, Sec. 403,

Nov. 2, 1992, 106 Stat. 4909; Pub. L. 104-297, title I, Sec. 107,

Oct. 11, 1996, 110 Stat. 3570; Pub. L. 106-113, div. B, Sec.

1000(a)(1) (title II, Sec. 210), Nov. 29, 1999, 113 Stat. 1535,

1501A-33.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(i)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

1999 - Subsec. (a)(1)(A). Pub. L. 106-113 substituted ''18'' for

''17'' and ''12'' for ''11''.

1996 - Subsec. (a). Pub. L. 104-297, Sec. 107(a)(1), (2), (6),

inserted ''(1)'' before ''There shall be established'',

redesignated former pars. (1) to (8) as subpars. (A) to (H),

respectively, adjusted margin of last sentence, and inserted

''(2)'' before ''Each Council''.

Subsec. (a)(1)(A). Pub. L. 104-297, Sec. 107(a)(3), substituted

''paragraph (3)'' for ''section 1854(f)(3) of this title''.

Subsec. (a)(1)(B). Pub. L. 104-297, Sec. 107(a)(3), (4),

substituted ''Virginia, and North Carolina'' for ''and Virginia'',

inserted ''North Carolina, and'' after ''except'', and substituted

''paragraph (3)'' for ''section 1854(f)(3) of this title'', ''21

voting'' for ''19 voting'', and ''13 appointed'' for ''12

appointed''.

Subsec. (a)(1)(C) to (E). Pub. L. 104-297, Sec. 107(a)(3),

substituted ''paragraph (3)'' for ''section 1854(f)(3) of this

title''.

Subsec. (a)(1)(F). Pub. L. 104-297, Sec. 107(a)(5), amended

heading and text of subpar. (F) generally. Prior to amendment,

text read as follows: ''The Pacific Fishery Management Council

shall consist of the States of California, Oregon, Washington, and

Idaho and shall have authority over the fisheries in the Pacific

Ocean seaward of such States. The Pacific Council shall have 13

voting members, including 8 appointed by the Secretary in

accordance with subsection (b)(2) of this section (at least one of

whom shall be appointed from each such State).''

Subsec. (a)(3). Pub. L. 104-297, Sec. 107(a)(7), added par. (3).

Subsec. (b)(1)(C). Pub. L. 104-297, Sec. 107(b)(1), substituted

''paragraphs (2) and (5)'' for ''subsection (b)(2) of this

section''.

Subsec. (b)(3). Pub. L. 104-297, Sec. 107(b)(1), (2), substituted

''paragraphs (2) and (5)'' for ''subsection (b)(2) of this

section'' and ''Any term in which an individual was appointed to

replace a member who left office during the term shall not be

counted in determining the number of consecutive terms served by

that Council member.'' for ''Any term completed prior to December

31, 1987, shall not be counted in determining the number of

consecutive terms served by any Council member.''

Subsec. (b)(5), (6). Pub. L. 104-297, Sec. 107(b)(3), added pars.

(5) and (6) and struck out former par. (5) which read as follows:

''The Secretary may remove for cause any member of a Council

required to be appointed by the Secretary in accordance with

subsection (b)(2) of this section if the Council concerned first

recommends removal by not less than two-thirds of the members who

are voting members. A removal recommendation of a Council must be

in writing and accompanied by a statement of the reasons upon which

the recommendation is based.''

Subsec. (d). Pub. L. 104-297, Sec. 107(c), substituted ''each

Council who are required to be appointed by the Secretary and'' for

''each Council,'' and ''shall receive compensation at the daily

rate for GS-15, step 7'' for ''shall, until January 1, 1992,

receive compensation at the daily rate for GS-18 of the General

Schedule, and after December 31, 1991, at the daily rate for

GS-16''.

Subsec. (e)(5). Pub. L. 104-297, Sec. 107(d), added par. (5).

Subsec. (g)(4), (5). Pub. L. 104-297, Sec. 107(e), added par. (4)

and redesignated former par. (4) as (5).

Subsec. (h)(1). Pub. L. 104-297, Sec. 107(f)(1), added par. (1)

and struck out former par. (1) which read as follows: ''prepare and

submit to the Secretary a fishery management plan with respect to

each fishery (except as provided in section 1854(f)(3) of this

title) within its geographical area of authority that requires

conservation and management and, from time to time, such amendments

to each such plan as are necessary;''.

Subsec. (h)(2). Pub. L. 104-297, Sec. 107(f)(2), substituted

''section 1824(b)(4)(C) of this title or section 1824(d) of this

title'' for ''section 1824(b)(4)(C) of this title'' and ''section

1854(c)(4)'' for ''section 1854(c)(2)''.

Subsec. (h)(5). Pub. L. 104-297, Sec. 107(f)(3), substituted

''subsection (a)(3) of this section'' for ''1854(f)(3) of this

title''.

Subsec. (i). Pub. L. 104-297, Sec. 107(g), redesignated subsec.

(j) as (i) and struck out heading and text of former subsec. (i).

Text read as follows:

''(1) Each Council -

''(A) may comment on and make recommendations concerning any

activity undertaken, or proposed to be undertaken, by any State

or Federal agency that, in the view of the Council, may affect

the habitat of a fishery resource under its jurisdiction; and

''(B) shall comment on and make recommendations concerning any

such activity that, in the view of the Council, is likely to

substantially affect the habitat of an anadromous fishery

resource under its jurisdiction.

''(2) Within 45 days after receiving a comment or recommendation

under paragraph (1) from a Council, a Federal agency shall provide

a detailed response, in writing, to the Council regarding the

matter. In the case of a comment or recommendation under paragraph

(1)(B), the response shall include a description of measures being

considered by the agency for mitigating or offsetting the impact of

the activity on such habitat.''

Subsec. (i)(1). Pub. L. 104-297, Sec. 107(h)(1), substituted

''established under subsection (g) of this section'' for ''of the

Councils''.

Subsec. (i)(2). Pub. L. 104-297, Sec. 107(h)(2), substituted

''established under subsection (g) of this section'' for ''of a

Council'' in introductory provisions.

Subsec. (i)(2)(C). Pub. L. 104-297, Sec. 107(h)(3), (4), struck

out ''Council's'' after ''fishing ports of the'' and inserted at

end ''The published agenda of the meeting may not be modified to

include additional matters for Council action without public notice

or within 14 days prior to the meeting date, unless such

modification is to address an emergency action under section

1855(c) of this title, in which case public notice shall be given

immediately.''

Subsec. (i)(2)(D). Pub. L. 104-297, Sec. 107(h)(5), inserted at

end ''All written information submitted to a Council by an

interested person shall include a statement of the source and date

of such information. Any oral or written statement shall include a

brief description of the background and interests of the person in

the subject of the oral or written statement.''

Subsec. (i)(2)(E). Pub. L. 104-297, Sec. 107(h)(6), added subpar.

(E) and struck out former subpar. (E) which read as follows:

''Minutes of each meeting shall be kept and shall contain a record

of the persons present, an accurate description of matters

discussed and conclusions reached, and copies of all statements

filed.''

Subsec. (i)(2)(F). Pub. L. 104-297, Sec. 107(h)(7)-(9), struck

out ''by the Council'' after ''procedures established'',

substituted ''section 1881a(b)'' for ''section 1853(d)'', and

inserted ''or the Secretary, as appropriate'' after ''of the

Council''.

Subsec. (i)(4). Pub. L. 104-297, Sec. 107(h)(10), substituted

''section 1881a(b)'' for ''section 1853(d)''.

Subsec. (j). Pub. L. 104-297, Sec. 107(g), (i)(1), redesignated

subsec. (k) as (j) and inserted ''and recusal'' at the end of

subsection heading. Former subsec. (j) redesignated (i).

Subsec. (j)(1). Pub. L. 104-297, Sec. 107(i)(2), added par. (1)

and struck out former par. (1) which read as follows: ''For

purposes of this subsection, the term 'affected individual' means

an individual who -

''(A) is nominated by the Governor of a State for appointment

as a voting member of a Council in accordance with subsection

(b)(2) of this section;

''(B) is a voting member of a Council appointed under

subsection (b)(2) of this section; or

''(C) is the executive director of a Council.''

Subsec. (j)(3)(A). Pub. L. 104-297, Sec. 107(i)(3), substituted

''(1)(A)(i)'' for ''(1)(A)''.

Subsec. (j)(3)(B), (4). Pub. L. 104-297, Sec. 107(i)(4), (5),

substituted ''(1)(A)(ii)'' for ''(1)(B) or (C)''.

Subsec. (j)(5)(C). Pub. L. 104-297, Sec. 107(i)(6), added subpar.

(C).

Subsec. (j)(6). Pub. L. 104-297, Sec. 107(i)(7), substituted

''(1)(A)(ii)'' for ''(1)(B) or (C)''.

Subsec. (j)(7). Pub. L. 104-297, Sec. 107(i)(8), added par. (7).

Former par. (7) redesignated (8).

Subsec. (j)(8). Pub. L. 104-297, Sec. 107(i)(9), substituted

''(1)(A)(ii)'' for ''(1)(B) or (C)''.

Pub. L. 104-297, Sec. 107(i)(8), redesignated par. (7) as (8).

Subsec. (k). Pub. L. 104-297, Sec. 107(g), redesignated subsec.

(k) as (j).

1992 - Subsec. (b)(3). Pub. L. 102-582 substituted ''December 31,

1987'' for ''January 1, 1986''.

1990 - Subsec. (a). Pub. L. 101-627, Sec. 108(a), inserted

''(except as provided in section 1854(f)(3) of this title)'' before

period at end of first sentence in pars. (1) to (5).

Subsec. (b)(2). Pub. L. 101-627, Sec. 108(b), amended par. (2)

generally. Prior to amendment, par. (2) read as follows:

''(A) The members of each Council required to be appointed by the

Secretary must be individuals who are knowledgeable and experienced

with regard to the conservation and management, or the recreational

or commercial harvest, of the fishery resources of the geographical

area concerned. The Secretary, in making appointments under this

section, shall, to the extent practicable, ensure a fair

apportionment, on a rotating or other basis, of the active

participants (or their representatives) involved in the fisheries

under Council jurisdiction.

''(B) The Secretary shall appoint the members of each Council

from a list of individuals submitted by the Governor of each

applicable constituent State. A Governor may not submit the names

of individuals to the Secretary for appointment unless the Governor

has, to the extent practicable, first consulted with

representatives of the commercial and recreational fishing

interests of the state regarding those individuals. Each such list

shall include the names and pertinent biographical data of not less

than three individuals for each applicable vacancy. The Secretary

shall review each list submitted by a Governor to ascertain if the

individuals on the list are qualified for the vacancy on the basis

of the required knowledge and experience required by subparagraph

(A). If the Secretary determines that any individual is not

qualified, he shall notify the appropriate Governor of that

determination. The Governor shall then submit a revised list or

resubmit the original list with an additional explanation of the

qualifications of the individual in question. An individual is not

eligible for appointment by the Secretary until that individual

complies with the applicable financial disclosure requirements

under subsection (k) of this section.

''(C) Whenever the Secretary makes an appointment to a Council,

he shall make a public announcement of such appointment not less

than 45 days before the first day on which the individual is to

take office as a member of the Council.''

Subsec. (b)(3). Pub. L. 101-627, Sec. 108(c), inserted at end

''No member appointed after January 1, 1986, may serve more than

three consecutive terms. Any term completed prior to January 1,

1986, shall not be counted in determining the number of consecutive

terms served by any Council member.''

Subsec. (d). Pub. L. 101-627, Sec. 108(d), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: ''The

voting members of each Council, who are not employed by the Federal

Government or any State or local government, shall receive

compensation at the daily rate for GS-18 of the General Schedule

when engaged in the actual performance of duties for such Council.

The voting members of each Council, any nonvoting member described

in subsection (c)(1)(C) of this section, and the nonvoting member

appointed pursuant to subsection (c)(2) of this section shall be

reimbursed for actual expenses incurred in the performance of such

duties, and other nonvoting members may be reimbursed for actual

expenses.''

Subsec. (e)(3). Pub. L. 101-627, Sec. 108(e)(1), substituted ''at

appropriate times and places in any of the constituent States of

the Council'' for ''in the geographical area concerned''.

Subsec. (e)(4). Pub. L. 101-627, Sec. 108(e)(2), inserted at end

''The regional director of the National Marine Fisheries Service

serving on the Council, or the regional director's designee, shall

submit such a statement, which shall be made available to the

public upon request, if the regional director disagrees with any

such matter.''

Subsec. (g)(3), (4). Pub. L. 101-627, Sec. 108(f), added pars.

(3) and (4).

Subsec. (h). Pub. L. 101-627, Sec. 108(g), inserted ''(except as

provided in section 1854(f)(3) of this title)'' before ''within its

geographical'' in pars. (1) and (5).

Subsec. (i). Pub. L. 101-627, Sec. 108(h), amended subsec. (i)

generally. Prior to amendment, subsec. (i) read as follows: ''Each

Council may comment on, or make recommendations concerning, any

activity undertaken, or proposed to be undertaken, by any State or

Federal agency that, in the view of the Council, may affect the

habitat of a fishery resource under its jurisdiction. Within 45

days after receiving such a comment or recommendation from a

Council, a Federal agency must provide a detailed response, in

writing, to the Council regarding the matter.''

Subsec. (j)(3)(A). Pub. L. 101-627, Sec. 108(i)(1), substituted

period for semicolon in cl. (ii), and in concluding provisions

struck out ''and if any meeting or portion is closed, the Council,

committee, or panel concerned shall publish notice of the closure

in local newspapers in the major fishing ports within its region

(and in other major, affected fishing ports), including the time

and place of the meeting.'' before ''Subparagraphs (D) and (F)''

and inserted ''of paragraph (2)'' after ''Subparagraphs (D) and

(F)''.

Subsec. (j)(3)(B). Pub. L. 101-627, Sec. 108(i)(2), added subpar.

(B).

Subsec. (j)(4). Pub. L. 101-627, Sec. 120(c), substituted

''Council employee'' for ''council employee''.

Subsec. (j)(6). Pub. L. 101-627, Sec. 108(j), added par. (6).

1986 - Subsec. (b)(2)(A). Pub. L. 99-659, Sec. 104(a)(1)(A),

amended subpar. (A) generally. Prior to amendment, subpar. (A)

read as follows: ''The members of each Council required to be

appointed by the Secretary must be individuals who are

knowledgeable or experienced with regard to the management,

conservation, or recreational or commercial harvest of the fishery

resources of the geographical area concerned.''

Subsec. (b)(2)(B). Pub. L. 99-659, Sec. 104(a)(1)(B), inserted

provision that a Governor may not submit the names of individuals

to the Secretary for appointment unless the Governor has, to the

extent practicable, first consulted with representatives of the

commercial and recreational fishing interests of the state

regarding those individuals, substituted ''knowledge and

experience'' for ''knowledge or experience'', and inserted

provision that an individual is not eligible for appointment by the

Secretary until that individual complies with applicable financial

disclosure requirements under subsec. (k) of this section.

Subsec. (b)(3). Pub. L. 99-659, Sec. 104(a)(1)(C), amended par.

(3) generally. Prior to amendment, par. (3) read as follows:

''Each voting member appointed to a Council by the Secretary in

accordance with subsection (b)(2) of this section shall serve for a

term of 3 years; except that, with respect to the members initially

so appointed, the Secretary shall designate up to one-third thereof

to serve for a term of 1 year, up to one-third thereof to serve for

a term of 2 years, and the remaining such members to serve for a

term of 3 years.''

Subsec. (i). Pub. L. 99-659, Sec. 104(b), added subsec. (i).

Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 99-659, Sec. 104(b)(1), redesignated former

subsec. (i) as (j).

Subsec. (j)(4). Pub. L. 99-659, Sec. 104(c), substituted '';

except that such procedures, in the case of statistics submitted to

the Council by a State or by the Secretary under section 1853(d) of

this title, must be consistent with the laws and regulations of

that State, or with the procedures of the Secretary, as the case

may be, concerning the confidentiality of the statistics'' for '';

except that such procedures must, in the case of statistics

submitted to the Council by a State, be consistent with the laws

and regulations of that State concerning the confidentiality of

such statistics''.

Subsec. (j)(5). Pub. L. 99-659, Sec. 104(d), added par. (5).

Subsec. (k). Pub. L. 99-659, Sec. 104(e)(1), added subsec. (k).

1983 - Subsec. (a)(1) to (7). Pub. L. 97-453, Sec. 5(1)(A),

substituted ''in accordance with subsection (b)(2)'' for ''pursuant

to subsection (b)(1)(C)'' wherever appearing.

Subsec. (a)(8). Pub. L. 97-453, Sec. 5(1)(B), substituted

provision that the Western Pacific Fishery Management Council shall

consist of the States of Hawaii, American Samoa, Guam, and the

Northern Mariana Islands and shall have authority over the

fisheries in the Pacific Ocean seaward of such States and of the

Commonwealths, territories, and possessions of the United States in

the Pacific Ocean area, for provision that the Western Pacific

Fishery Management Council would consist of the State of Hawaii,

American Samoa, and Guam and have authority over the fisheries in

the Pacific Ocean seaward of such States, and provision that the

Western Pacific Council shall have 13 voting members, including 8

appointed by the Secretary in accordance with subsection (b)(2) of

this section at least one of whom shall be appointed from each of

Hawaii, American Samoa, Guam, and the Northern Mariana Islands, for

provision that the Western Pacific Council would have 11 voting

members, including 7 appointed by the Secretary pursuant to former

subsection (b)(1)(C) of this section (at least one of whom would be

appointed from each such State).

Subsec. (b)(1)(C). Pub. L. 97-453, Sec. 5(2)(A), substituted

reference to subsec. (b)(2) of this section for characterization of

the members to be appointed as members of a list of qualified

individuals submitted by the Governor of each applicable

constituent State, that with respect to initial appointments, such

Governors submit such lists to the Secretary as soon as

practicable, not later than 45 days after April 13, 1976, that

''list of qualified individuals'' included the names (including

pertinent biographical data) of not less than three such

individuals for each applicable vacancy, and that ''qualified

individual'' meant an individual knowledgeable or experienced with

regard to the management, conservation, or recreational or

commercial harvest, of the fishery resources of the geographical

area concerned.

Subsec. (b)(2) to (5). Pub. L. 97-453, Sec. 5(2)(B)-(E), added

pars. (2) and (5), redesignated existing pars. (2) and (3) as (3)

and (4), respectively, and in par. (3), as redesignated,

substituted ''by the Secretary in accordance with subsection (b)(2)

of this section'' for ''pursuant to paragraph (1)(C)'' after

''appointed to a Council''.

Subsec. (f)(6). Pub. L. 97-453, Sec. 5(3), inserted requirement

that the procedures of a Council and associated committees and

panels be consistent with the procedural guidelines set forth in

subsec. (i)(2).

Subsec. (h)(1). Pub. L. 97-453, Sec. 5(4)(A), inserted ''that

requires conservation and management'' after ''authority''.

Subsec. (h)(2). Pub. L. 97-453, Sec. 5(4)(B), substituted

''section 1824(b)(4)(C)'' for ''section 1824(b)(4)(B)''.

Subsec. (h)(3). Pub. L. 97-453, Sec. 5(4)(C), inserted

parenthetical definition of ''geographical area concerned''.

Subsec. (h)(4). Pub. L. 97-453, Sec. 5(4)(D), struck out subpar.

(A) which provided for a report, before Feb. 1 of each year, on the

Council's activities during the immediately preceding calendar

year, and struck out the subparagraph designators before subpars.

(B) and (C).

Subsec. (i). Pub. L. 97-453, Sec. 5(5), added subsec. (i).

1980 - Subsec. (d). Pub. L. 96-561 inserted provision that other

nonvoting members may be reimbursed for actual expenses.

1978 - Subsec. (h)(5). Pub. L. 95-354 inserted provisions

relating to capacity and extent to which United States fish

processors will process harvested fish.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 104(a)(2) of Pub. L. 99-659 provided that: ''The

amendments made by paragraph (1) (amending this section) shall

apply with respect to voting members of regional fishery management

councils who are appointed, and to individuals who are nominated

for appointment as voting members, on or after the date of the

enactment of this Act (Nov. 14, 1986).''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC5-

DISCLOSURE OF FINANCIAL INTEREST BY INCUMBENT VOTING MEMBERS AND

EXECUTIVE DIRECTORS

Section 104(e)(2) of Pub. L. 99-659 provided that for purposes of

applying subsec. (k) of this section to voting members and

executive directors of regional fishery management councils who

were serving in those capacities on date on which regulations

prescribed to carry out subsec. (k) first took effect, each such

member or director must file a disclosure form under subsec. (k)

within 45 days after that date.

DIRECTIONS REGARDING FISHERY MANAGEMENT COUNCIL MEMBERSHIP

Section 113 of Pub. L. 99-659 provided that: ''Notwithstanding

section 302 of the Act (16 U.S.C. 1852) and effective on and after

the date of the enactment of this Act (Nov. 14, 1986), the

Secretary shall take action to ensure, to the extent practicable,

that those persons dependent for their livelihood upon the

fisheries within the respective jurisdictions of the Regional

Fishery Management Councils are fairly represented as voting

members of the Councils.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971b, 1362, 1379, 1433,

1445a, 1802, 1854, 1855, 1857, 1882, 2803, 2804, 3602, 5102, 5601

of this title; title 30 section 1415; title 43 section 1474d; title

46 section 12102.

-CITE-

16 USC Sec. 1853 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1853. Contents of fishery management plans

-STATUTE-

(a) Required provisions

Any fishery management plan which is prepared by any Council, or

by the Secretary, with respect to any fishery, shall -

(1) contain the conservation and management measures,

applicable to foreign fishing and fishing by vessels of the

United States, which are -

(A) necessary and appropriate for the conservation and

management of the fishery, to prevent overfishing and rebuild

overfished stocks, and to protect, restore, and promote the

long-term health and stability of the fishery;

(B) described in this subsection or subsection (b) of this

section, or both; and

(C) consistent with the national standards, the other

provisions of this chapter, regulations implementing

recommendations by international organizations in which the

United States participates (including but not limited to closed

areas, quotas, and size limits), and any other applicable law;

(2) contain a description of the fishery, including, but not

limited to, the number of vessels involved, the type and quantity

of fishing gear used, the species of fish involved and their

location, the cost likely to be incurred in management, actual

and potential revenues from the fishery, any recreational

interests in the fishery, and the nature and extent of foreign

fishing and Indian treaty fishing rights, if any;

(3) assess and specify the present and probable future

condition of, and the maximum sustainable yield and optimum yield

from, the fishery, and include a summary of the information

utilized in making such specification;

(4) assess and specify -

(A) the capacity and the extent to which fishing vessels of

the United States, on an annual basis, will harvest the optimum

yield specified under paragraph (3),

(B) the portion of such optimum yield which, on an annual

basis, will not be harvested by fishing vessels of the United

States and can be made available for foreign fishing, and

(C) the capacity and extent to which United States fish

processors, on an annual basis, will process that portion of

such optimum yield that will be harvested by fishing vessels of

the United States;

(5) specify the pertinent data which shall be submitted to the

Secretary with respect to commercial, recreational, and charter

fishing in the fishery, including, but not limited to,

information regarding the type and quantity of fishing gear used,

catch by species in numbers of fish or weight thereof, areas in

which fishing was engaged in, time of fishing, number of hauls,

and the estimated processing capacity of, and the actual

processing capacity utilized by, United States fish processors,

(FOOTNOTE 1)

(FOOTNOTE 1) So in original. The comma probably should be a

semicolon.

(6) consider and provide for temporary adjustments, after

consultation with the Coast Guard and persons utilizing the

fishery, regarding access to the fishery for vessels otherwise

prevented from harvesting because of weather or other ocean

conditions affecting the safe conduct of the fishery; except that

the adjustment shall not adversely affect conservation efforts in

other fisheries or discriminate among participants in the

affected fishery;

(7) describe and identify essential fish habitat for the

fishery based on the guidelines established by the Secretary

under section 1855(b)(1)(A) of this title, minimize to the extent

practicable adverse effects on such habitat caused by fishing,

and identify other actions to encourage the conservation and

enhancement of such habitat;

(8) in the case of a fishery management plan that, after

January 1, 1991, is submitted to the Secretary for review under

section 1854(a) of this title (including any plan for which an

amendment is submitted to the Secretary for such review) or is

prepared by the Secretary, assess and specify the nature and

extent of scientific data which is needed for effective

implementation of the plan;

(9) include a fishery impact statement for the plan or

amendment (in the case of a plan or amendment thereto submitted

to or prepared by the Secretary after October 1, 1990) which

shall assess, specify, and describe the likely effects, if any,

of the conservation and management measures on -

(A) participants in the fisheries and fishing communities

affected by the plan or amendment; and

(B) participants in the fisheries conducted in adjacent areas

under the authority of another Council, after consultation with

such Council and representatives of those participants;

(10) specify objective and measurable criteria for identifying

when the fishery to which the plan applies is overfished (with an

analysis of how the criteria were determined and the relationship

of the criteria to the reproductive potential of stocks of fish

in that fishery) and, in the case of a fishery which the Council

or the Secretary has determined is approaching an overfished

condition or is overfished, contain conservation and management

measures to prevent overfishing or end overfishing and rebuild

the fishery;

(11) establish a standardized reporting methodology to assess

the amount and type of bycatch occurring in the fishery, and

include conservation and management measures that, to the extent

practicable and in the following priority -

(A) minimize bycatch; and

(B) minimize the mortality of bycatch which cannot be

avoided;

(12) assess the type and amount of fish caught and released

alive during recreational fishing under catch and release fishery

management programs and the mortality of such fish, and include

conservation and management measures that, to the extent

practicable, minimize mortality and ensure the extended survival

of such fish;

(13) include a description of the commercial, recreational, and

charter fishing sectors which participate in the fishery and, to

the extent practicable, quantify trends in landings of the

managed fishery resource by the commercial, recreational, and

charter fishing sectors; and

(14) to the extent that rebuilding plans or other conservation

and management measures which reduce the overall harvest in a

fishery are necessary, allocate any harvest restrictions or

recovery benefits fairly and equitably among the commercial,

recreational, and charter fishing sectors in the fishery.

(b) Discretionary provisions

Any fishery management plan which is prepared by any Council, or

by the Secretary, with respect to any fishery, may -

(1) require a permit to be obtained from, and fees to be paid

to, the Secretary, with respect to -

(A) any fishing vessel of the United States fishing, or

wishing to fish, in the exclusive economic zone or for

anadromous species or Continental Shelf fishery resources

beyond such zone;

(B) the operator of any such vessel; or

(C) any United States fish processor who first receives fish

that are subject to the plan;

(2) designate zones where, and periods when, fishing shall be

limited, or shall not be permitted, or shall be permitted only by

specified types of fishing vessels or with specified types and

quantities of fishing gear;

(3) establish specified limitations which are necessary and

appropriate for the conservation and management of the fishery on

the -

(A) catch of fish (based on area, species, size, number,

weight, sex, bycatch, total biomass, or other factors);

(B) sale of fish caught during commercial, recreational, or

charter fishing, consistent with any applicable Federal and

State safety and quality requirements; and

(C) transshipment or transportation of fish or fish products

under permits issued pursuant to section 1824 of this title;

(4) prohibit, limit, condition, or require the use of specified

types and quantities of fishing gear, fishing vessels, or

equipment for such vessels,, including devices which may be

required to facilitate enforcement of the provisions of this

chapter;

(5) incorporate (consistent with the national standards, the

other provisions of this chapter, and any other applicable law)

the relevant fishery conservation and management measures of the

coastal States nearest to the fishery;

(6) establish a limited access system for the fishery in order

to achieve optimum yield if, in developing such system, the

Council and the Secretary take into account -

(A) present participation in the fishery,

(B) historical fishing practices in, and dependence on, the

fishery,

(C) the economics of the fishery,

(D) the capability of fishing vessels used in the fishery to

engage in other fisheries,

(E) the cultural and social framework relevant to the fishery

and any affected fishing communities, and

(F) any other relevant considerations;

(7) require fish processors who first receive fish that are

subject to the plan to submit data (other than economic data)

which are necessary for the conservation and management of the

fishery;

(8) require that one or more observers be carried on board a

vessel of the United States engaged in fishing for species that

are subject to the plan, for the purpose of collecting data

necessary for the conservation and management of the fishery;

except that such a vessel shall not be required to carry an

observer on board if the facilities of the vessel for the

quartering of an observer, or for carrying out observer

functions, are so inadequate or unsafe that the health or safety

of the observer or the safe operation of the vessel would be

jeopardized;

(9) assess and specify the effect which the conservation and

management measures of the plan will have on the stocks of

naturally spawning anadromous fish in the region;

(10) include, consistent with the other provisions of this

chapter, conservation and management measures that provide

harvest incentives for participants within each gear group to

employ fishing practices that result in lower levels of bycatch

or in lower levels of the mortality of bycatch;

(11) reserve a portion of the allowable biological catch of the

fishery for use in scientific research; and

(12) prescribe such other measures, requirements, or conditions

and restrictions as are determined to be necessary and

appropriate for the conservation and management of the fishery.

(c) Proposed regulations

Proposed regulations which the Council deems necessary or

appropriate for the purposes of -

(1) implementing a fishery management plan or plan amendment

shall be submitted to the Secretary simultaneously with the plan

or amendment under section 1854 of this title; and

(2) making modifications to regulations implementing a fishery

management plan or plan amendment may be submitted to the

Secretary at any time after the plan or amendment is approved

under section 1854 of this title.

(d) Individual fishing quotas

(1)(A) A Council may not submit and the Secretary may not approve

or implement before October 1, 2002, any fishery management plan,

plan amendment, or regulation under this chapter which creates a

new individual fishing quota program.

(B) Any fishery management plan, plan amendment, or regulation

approved by the Secretary on or after January 4, 1995, which

creates any new individual fishing quota program shall be repealed

and immediately returned by the Secretary to the appropriate

Council and shall not be resubmitted, reapproved, or implemented

during the moratorium set forth in subparagraph (A).

(2)(A) No provision of law shall be construed to limit the

authority of a Council to submit and the Secretary to approve the

termination or limitation, without compensation to holders of any

limited access system permits, of a fishery management plan, plan

amendment, or regulation that provides for a limited access system,

including an individual fishing quota program.

(B) This subsection shall not be construed to prohibit a Council

from submitting, or the Secretary from approving and implementing,

amendments to the North Pacific halibut and sablefish, South

Atlantic wreckfish, or Mid-Atlantic surf clam and ocean (including

mahogany) quahog individual fishing quota programs.

(3) An individual fishing quota or other limited access system

authorization -

(A) shall be considered a permit for the purposes of sections

1857, 1858, and 1859 of this title;

(B) may be revoked or limited at any time in accordance with

this chapter;

(C) shall not confer any right of compensation to the holder of

such individual fishing quota or other such limited access system

authorization if it is revoked or limited; and

(D) shall not create, or be construed to create, any right,

title, or interest in or to any fish before the fish is

harvested.

(4)(A) A Council may submit, and the Secretary may approve and

implement, a program which reserves up to 25 percent of any fees

collected from a fishery under section 1854(d)(2) of this title to

be used, pursuant to section 1274(a)(7) of title 46, Appendix, to

issue obligations that aid in financing the -

(i) purchase of individual fishing quotas in that fishery by

fishermen who fish from small vessels; and

(ii) first-time purchase of individual fishing quotas in that

fishery by entry level fishermen.

(B) A Council making a submission under subparagraph (A) shall

recommend criteria, consistent with the provisions of this chapter,

that a fisherman must meet to qualify for guarantees under clauses

(i) and (ii) of subparagraph (A) and the portion of funds to be

allocated for guarantees under each clause.

(5) In submitting and approving any new individual fishing quota

program on or after October 1, 2002, the Councils and the Secretary

shall consider the report of the National Academy of Sciences

required under section 108(f) of the Sustainable Fisheries Act, and

any recommendations contained in such report, and shall ensure that

any such program -

(A) establishes procedures and requirements for the review and

revision of the terms of any such program (including any

revisions that may be necessary once a national policy with

respect to individual fishing quota programs is implemented),

and, if appropriate, for the renewal, reallocation, or reissuance

of individual fishing quotas;

(B) provides for the effective enforcement and management of

any such program, including adequate observer coverage, and for

fees under section 1854(d)(2) of this title to recover actual

costs directly related to such enforcement and management; and

(C) provides for a fair and equitable initial allocation of

individual fishing quotas, prevents any person from acquiring an

excessive share of the individual fishing quotas issued, and

considers the allocation of a portion of the annual harvest in

the fishery for entry-level fishermen, small vessel owners, and

crew members who do not hold or qualify for individual fishing

quotas.

-SOURCE-

(Pub. L. 94-265, title III, Sec. 303, Apr. 13, 1976, 90 Stat. 351;

Pub. L. 95-354, Sec. 5(2), (3), Aug. 28, 1978, 92 Stat. 521; Pub.

L. 97-453, Sec. 6, Jan. 12, 1983, 96 Stat. 2486; Pub. L. 99-659,

title I, Sec. 101(c)(2), 105(a)(1), (b), Nov. 14, 1986, 100 Stat.

3707, 3711; Pub. L. 101-627, title I, Sec. 109, Nov. 28, 1990, 104

Stat. 4447; Pub. L. 102-251, title III, Sec. 301(g), Mar. 9, 1992,

106 Stat. 64; Pub. L. 104-297, title I, Sec. 108(a), (c)-(e), Oct.

11, 1996, 110 Stat. 3574-3576; Pub. L. 106-554, Sec. 1(a)(4) (div.

B, title I, Sec. 144(a)(1), (2)), Dec. 21, 2000, 114 Stat. 2763,

2763A-238.)

-STATAMEND-

AMENDMENT OF SUBSECTION (B)(1)(A)

Pub. L. 102-251, title III, Sec. 301(g), 308, Mar. 9, 1992, 106

Stat. 64, 66, provided that, effective on the date on which the

Agreement between the United States and the Union of Soviet

Socialist Republics on the Maritime Boundary, signed June 1,

1990, enters into force for the United States, with authority to

prescribe implementing regulations effective Mar. 9, 1992, but

with no such regulation to be effective until the date on which

the Agreement enters into force for the United States, subsection

(b)(1)(A) is amended by inserting ''or special areas,'' after

''exclusive economic zone'' and ''or areas'' after ''such zone''.

-REFTEXT-

REFERENCES IN TEXT

Section 108(f) of the Sustainable Fisheries Act, referred to in

subsec. (d)(5), is section 108(f) of Pub. L. 104-297, which enacted

provisions set out as a note below and repealed provisions formerly

set out as a note under section 1851 of this title.

-MISC2-

AMENDMENTS

2000 - Subsec. (d)(1)(A), (5). Pub. L. 106-554 substituted

''October 1, 2002,'' for ''October 1, 2000,''.

1996 - Subsec. (a)(1)(A). Pub. L. 104-297, Sec. 108(a)(1),

inserted ''and rebuild overfished stocks'' after ''overfishing''.

Subsec. (a)(5). Pub. L. 104-297, Sec. 108(a)(2), inserted

''commercial, recreational, and charter fishing in'' after ''with

respect to''.

Subsec. (a)(7). Pub. L. 104-297, Sec. 108(a)(3), added par. (7)

and struck out former par. (7) which read as follows: ''include

readily available information regarding the significance of habitat

to the fishery and assessment as to the effects which changes to

that habitat may have upon the fishery;''.

Subsec. (a)(9)(A). Pub. L. 104-297, Sec. 108(a)(5), inserted

''and fishing communities'' after ''fisheries''.

Subsec. (a)(10) to (14). Pub. L. 104-297, Sec. 108(a)(4), (6),

(7), added pars. (10) to (14).

Subsec. (b)(3). Pub. L. 104-297, Sec. 108(c)(1), added par. (3)

and struck out former par. (3) which read as follows: ''establish

specified limitations on the catch of fish (based on area, species,

size, number, weight, sex, incidental catch, total biomass, or

other factors), which are necessary and appropriate for the

conservation and management of the fishery;''.

Subsec. (b)(6). Pub. L. 104-297, Sec. 108(c)(2), substituted

''limited access system for'' for ''system for limiting access to''

in introductory provisions.

Subsec. (b)(6)(E). Pub. L. 104-297, Sec. 108(c)(3), inserted

''and any affected fishing communities'' after ''fishery''.

Subsec. (b)(8). Pub. L. 104-297, Sec. 108(c)(4), substituted

''require that one or more'' for ''require that''.

Subsec. (b)(10) to (12). Pub. L. 104-297, Sec. 108(c)(5)-(7),

added pars. (10) and (11) and redesignated former par. (10) as

(12).

Subsec. (c). Pub. L. 104-297, Sec. 108(d), added subsec. (c) and

struck out heading and text of former subsec. (c). Text read as

follows: ''The proposed regulations which the Council deems

necessary or appropriate for purposes of carrying out a plan or

amendment to a plan shall be submitted to the Secretary

simultaneously with the plan or amendment for action by the

Secretary under sections 1854 and 1855 of this title.''

Subsecs. (d) to (f). Pub. L. 104-297, Sec. 108(e), added subsec.

(d) and struck out former subsecs. (d) relating to confidentiality

of statistics, (e) relating to data collection programs, and (f)

relating to restriction on use of certain data.

1990 - Subsec. (a)(1)(A). Pub. L. 101-627, Sec. 109(a)(1),

inserted before semicolon at end '', to prevent overfishing, and to

protect, restore, and promote the long-term health and stability of

the fishery''.

Subsec. (a)(1)(C). Pub. L. 101-627, Sec. 109(a)(2), inserted

''regulations implementing recommendations by international

organizations in which the United States participates (including

but not limited to closed areas, quotas, and size limits),'' after

''this chapter,''.

Subsec. (a)(6). Pub. L. 101-627, Sec. 109(a)(3), amended par. (6)

generally. Prior to amendment, par. (6) read as follows:

''consider, and may provide for, temporary adjustments, after

consultation with the Coast Guard and persons utilizing the

fishery, regarding access to the fishery for vessels otherwise

prevented from harvesting because of weather or other ocean

conditions affecting the safety of the vessels; and''.

Subsec. (a)(8), (9). Pub. L. 101-627, Sec. 109(a)(4), (5), added

pars. (8) and (9).

Subsec. (b)(1). Pub. L. 101-627, Sec. 109(b)(1), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''require

a permit to be obtained from, and fees to be paid to, the Secretary

with respect to any fishing vessel of the United States fishing, or

wishing to fish, in the exclusive economic zone, or for anadromous

species or Continental Shelf fishery resources beyond such zone;''.

Subsec. (b)(7) to (10). Pub. L. 101-627, Sec. 109(b)(2), added

pars. (7) and (8) and redesignated former pars. (7) and (8) as (9)

and (10), respectively.

Subsec. (d). Pub. L. 101-627, Sec. 109(c), in introductory

provisions substituted ''subsections (a) and (b)'' for ''subsection

(a)(5)'', added par. (2), redesignated former par. (2) as (3), and

inserted at end ''Nothing in this subsection shall be interpreted

or construed to prevent the use for conservation and management

purposes by the Secretary, or with the approval of the Secretary,

the Council, of any statistic submitted in compliance with a

requirement under subsection (a) or (b) of this section.''

Subsec. (f). Pub. L. 101-627, Sec. 109(d), added subsec. (f).

1986 - Subsec. (a)(6), (7). Pub. L. 99-659, Sec. 105(a)(1), added

pars. (6) and (7).

Subsec. (b)(1). Pub. L. 99-659, Sec. 101(c)(2), substituted

''exclusive economic zone'' for ''fishery conservation zone''.

Subsec. (d). Pub. L. 99-659, Sec. 105(b), amended first sentence

generally. Prior to amendment, first sentence read as follows:

''Any statistics submitted to the Secretary by any person in

compliance with any requirement under subsection (a)(5) of this

section shall be confidential and shall not be disclosed except

when required under court order.''

1983 - Subsec. (b)(7), (8). Pub. L. 97-453, Sec. 6(1), added par.

(7) and redesignated former par. (7) as (8).

Subsec. (c). Pub. L. 97-453, Sec. 6(2), substituted provision

that the proposed regulation which the Council deems necessary or

appropriate for purposes of carrying out a plan or amendment to a

plan shall be submitted to the Secretary simultaneously with the

plan or amendment for action by the Secretary under sections 1854

and 1855 of this title, for provision that any Council could

prepare any proposed regulations which it deemed necessary and

appropriate to carry out any fishery management plan, or any

amendment to any fishery management plan, which was prepared by it,

and that such proposed regulations would be submitted to the

Secretary, together with such plan or amendment, for action by the

Secretary pursuant to sections 1854 and 1855 of this title.

Subsec. (e). Pub. L. 97-453, Sec. 6(3), added subsec. (e).

1978 - Subsec. (a)(4)(C). Pub. L. 95-354, Sec. 5(2), added

subpar. (C).

Subsec. (a)(5). Pub. L. 95-354, Sec. 5(3), inserted provisions

relating to estimated processing capacity of, and the actual

processing utilized by, United States fish processors.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement

between United States and Union of Soviet Socialist Republics on

the Maritime Boundary, signed June 1, 1990, enters into force for

United States, with authority to prescribe implementing regulations

effective Mar. 9, 1992, but with no such regulation to be effective

until date on which Agreement enters into force for United States,

see section 308 of Pub. L. 102-251, set out as a note under section

773 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 105(a)(2) of Pub. L. 99-659 provided that: ''The

amendments made by paragraph (1) (amending this section) apply to

each fishery management plan that -

''(A) is submitted to the Secretary of Commerce for review

under section 304(a) of the Act (16 U.S.C. 1854(a)), or that is

prepared by the Secretary, after January 1, 1987; or

''(B) is in effect on that date, but compliance with those

amendments is not required except in conjunction with the

amendment to the plan next occurring after that date.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

EXCEPTIONS TO SUBSECTION (D)(1) AND SECTION 1883 PLAN RESTRICTIONS

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title I, Sec. 144(b)),

Dec. 21, 2000, 114 Stat. 2763, 2763A-238, provided that:

''Notwithstanding sections 303(d)(1)(A) and 303(d)(1)(B) of the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1853(d)(1)(A), (B)), as amended by this section, the Pacific

Fishery Management Council may recommend and the Secretary of

Commerce may approve and implement any fishery management plan,

plan amendment, or regulation, for fixed gear sablefish subject to

the jurisdiction of such Council, that -

''(1) allows the use of more than one groundfish fishing permit

by each fishing vessel; and/or

''(2) sets cumulative trip limit periods, up to 12 months in

any calendar year, that allow fishing vessels a reasonable

opportunity to harvest the full amount of the associated trip

limits.

Notwithstanding subsection (a) (amending this section and section

1883 of this title), the Gulf of Mexico Fishery Management Council

may develop a biological, economic, and social profile of any

fishery under its jurisdiction that may be considered for

management under a quota management system, including the benefits

and consequences of the quota management systems considered. The

North Pacific Fishery Management Council shall examine the

fisheries under its jurisdiction, particularly the Gulf of Alaska

groundfish and Bering Sea crab fisheries, to determine whether

rationalization is needed. In particular, the North Pacific

Council shall analyze individual fishing quotas, processor quotas,

cooperatives, and quotas held by communities. The analysis should

include an economic analysis of the impact of all options on

communities and processors as well as the fishing fleets. The

North Pacific Council shall present its analysis to the

appropriations and authorizing committees of the Senate and House

of Representatives in a timely manner.''

IMPLEMENTATION OF AMENDMENTS TO PLANS REQUIRED BY SECTION 108(A) OF

PUB. L. 104-297

Section 108(b) of Pub. L. 104-297 provided that: ''Not later than

24 months after the date of enactment of this Act (Oct. 11, 1996),

each Regional Fishery Management Council shall submit to the

Secretary of Commerce amendments to each fishery management plan

under its authority to comply with the amendments made in

subsection (a) of this section (amending this section).''

INDIVIDUAL FISHING QUOTA REPORT

Section 108(f)(1) to (5) of Pub. L. 104-297, as amended by Pub.

L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec. 211(b)),

Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that:

''(1) Not later than October 1, 1998, the National Academy of

Sciences, in consultation with the Secretary of Commerce and the

Regional Fishery Management Councils, shall submit to the Congress

a comprehensive final report on individual fishing quotas, which

shall include recommendations to implement a national policy with

respect to individual fishing quotas. The report shall address all

aspects of such quotas, including an analysis of -

''(A) the effects of limiting or prohibiting the

transferability of such quotas;

''(B) mechanisms to prevent foreign control of the harvest of

United States fisheries under individual fishing quota programs,

including mechanisms to prohibit persons who are not eligible to

be deemed a citizen of the United States for the purpose of

operating a vessel in the coastwise trade under section 2(a) and

section 2(c) of the Shipping Act, 1916 (46 (App.) U.S.C. 802(a)

and (c)) from holding individual fishing quotas;

''(C) the impact of limiting the duration of individual fishing

quota programs;

''(D) the impact of authorizing Federal permits to process a

quantity of fish that correspond to individual fishing quotas,

and of the value created for recipients of any such permits,

including a comparison of such value to the value of the

corresponding individual fishing quotas;

''(E) mechanisms to provide for diversity and to minimize

adverse social and economic impacts on fishing communities, other

fisheries affected by the displacement of vessels, and any

impacts associated with the shifting of capital value from

fishing vessels to individual fishing quotas, as well as the use

of capital construction funds to purchase individual fishing

quotas;

''(F) mechanisms to provide for effective monitoring and

enforcement, including the inspection of fish harvested and

incentives to reduce bycatch, and in particular economic

discards;

''(G) threshold criteria for determining whether a fishery may

be considered for individual fishing quota management, including

criteria related to the geographical range, population dynamics

and condition of a fish stock, the socioeconomic characteristics

of a fishery (including participants' involvement in multiple

fisheries in the region), and participation by commercial,

charter, and recreational fishing sectors in the fishery;

''(H) mechanisms to ensure that vessel owners, vessel masters,

crew members, and United States fish processors are treated

fairly and equitably in initial allocations, to require persons

holding individual fishing quotas to be on board the vessel using

such quotas, and to facilitate new entry under individual fishing

quota programs;

''(I) potential social and economic costs and benefits to the

nation, individual fishing quota recipients, and any recipients

of Federal permits described in subparagraph (D) under individual

fishing quota programs, including from capital gains revenue, the

allocation of such quotas or permits through Federal auctions,

annual fees and transfer fees at various levels, or other

measures;

''(J) the value created for recipients of individual fishing

quotas, including a comparison of such value to the value of the

fish harvested under such quotas and to the value of permits

created by other types of limited access systems, and the effects

of creating such value on fishery management and conservation;

and

''(K) such other matters as the National Academy of Sciences

deems appropriate.

''(2) The report shall include a detailed analysis of individual

fishing quota programs already implemented in the United States,

including the impacts: of any limits on transferability, on past

and present participants, on fishing communities, on the rate and

total amount of bycatch (including economic and regulatory

discards) in the fishery, on the safety of life and vessels in the

fishery, on any excess harvesting or processing capacity in the

fishery, on any gear conflicts in the fishery, on product quality

from the fishery, on the effectiveness of enforcement in the

fishery, on the size and composition of fishing vessel fleets, on

the economic value created by individual fishing quotas for initial

recipients and non-recipients, on conservation of the fishery

resource, on fishermen who rely on participation in several

fisheries, on the success in meeting any fishery management plan

goals, and the fairness and effectiveness of the methods used for

allocating quotas and controlling transferability. The report

shall also include any information about individual fishing quota

programs in other countries that may be useful.

''(3) The report shall identify and analyze alternative

conservation and management measures, including other limited

access systems such as individual transferable effort systems, that

could accomplish the same objectives as individual fishing quota

programs, as well as characteristics that are unique to individual

fishing quota programs.

''(4) The Secretary of Commerce shall, in consultation with the

National Academy of Sciences, the Councils, the fishing industry,

affected States, conservation organizations and other interested

persons, establish two individual fishing quota review groups to

assist in the preparation of the report, which shall represent: (A)

Alaska, Hawaii, and the other Pacific coastal States; and (B)

Atlantic coastal States and the Gulf of Mexico coastal States. The

Secretary shall, to the extent practicable, achieve a balanced

representation of viewpoints among the individuals on each review

group. The review groups shall be deemed to be advisory panels

under section 302(g) of the Magnuson-Stevens Fishery Conservation

and Management Act (16 U.S.C. 1852(g)), as amended by this Act.

''(5) The Secretary of Commerce, in consultation with the

National Academy of Sciences and the Councils, shall conduct public

hearings in each Council region to obtain comments on individual

fishing quotas for use by the National Academy of Sciences in

preparing the report required by this subsection. The National

Academy of Sciences shall submit a draft report to the Secretary of

Commerce by January 1, 1998. The Secretary of Commerce shall

publish in the Federal Register a notice and opportunity for public

comment on the draft of the report, or any revision thereof. A

detailed summary of comments received and views presented at the

hearings, including any dissenting views, shall be included by the

National Academy of Sciences in the final report.''

EXISTING QUOTA PLANS

Section 108(i) of Pub. L. 104-297 provided that: ''Nothing in

this Act (see Short Title of 1996 Amendment note under section 1801

of this title) or the amendments made by this Act shall be

construed to require a reallocation of individual fishing quotas

under any individual fishing quota program approved by the

Secretary before January 4, 1995.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 773c, 1821, 1852, 1854,

1855, 1862, 1881, 1883 of this title; title 46 App. section 1274.

-CITE-

16 USC Sec. 1854 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1854. Action by Secretary

-STATUTE-

(a) Review of plans

(1) Upon transmittal by the Council to the Secretary of a fishery

management plan or plan amendment, the Secretary shall -

(A) immediately commence a review of the plan or amendment to

determine whether it is consistent with the national standards,

the other provisions of this chapter, and any other applicable

law; and

(B) immediately publish in the Federal Register a notice

stating that the plan or amendment is available and that written

information, views, or comments of interested persons on the plan

or amendment may be submitted to the Secretary during the 60-day

period beginning on the date the notice is published.

(2) In undertaking the review required under paragraph (1), the

Secretary shall -

(A) take into account the information, views, and comments

received from interested persons;

(B) consult with the Secretary of State with respect to foreign

fishing; and

(C) consult with the Secretary of the department in which the

Coast Guard is operating with respect to enforcement at sea and

to fishery access adjustments referred to in section 1853(a)(6)

of this title.

(3) The Secretary shall approve, disapprove, or partially approve

a plan or amendment within 30 days of the end of the comment period

under paragraph (1) by written notice to the Council. A notice of

disapproval or partial approval shall specify -

(A) the applicable law with which the plan or amendment is

inconsistent;

(B) the nature of such inconsistencies; and

(C) recommendations concerning the actions that could be taken

by the Council to conform such plan or amendment to the

requirements of applicable law.

If the Secretary does not notify a Council within 30 days of the

end of the comment period of the approval, disapproval, or partial

approval of a plan or amendment, then such plan or amendment shall

take effect as if approved.

(4) If the Secretary disapproves or partially approves a plan or

amendment, the Council may submit a revised plan or amendment to

the Secretary for review under this subsection.

(5) For purposes of this subsection and subsection (b) of this

section, the term ''immediately'' means on or before the 5th day

after the day on which a Council transmits to the Secretary a

fishery management plan, plan amendment, or proposed regulation

that the Council characterizes as final.

(b) Review of regulations

(1) Upon transmittal by the Council to the Secretary of proposed

regulations prepared under section 1853(c) of this title, the

Secretary shall immediately initiate an evaluation of the proposed

regulations to determine whether they are consistent with the

fishery management plan, plan amendment, this chapter and other

applicable law. Within 15 days of initiating such evaluation the

Secretary shall make a determination and -

(A) if that determination is affirmative, the Secretary shall

publish such regulations in the Federal Register, with such

technical changes as may be necessary for clarity and an

explanation of those changes, for a public comment period of 15

to 60 days; or

(B) if that determination is negative, the Secretary shall

notify the Council in writing of the inconsistencies and provide

recommendations on revisions that would make the proposed

regulations consistent with the fishery management plan, plan

amendment, this chapter, and other applicable law.

(2) Upon receiving a notification under paragraph (1)(B), the

Council may revise the proposed regulations and submit them to the

Secretary for reevaluation under paragraph (1).

(3) The Secretary shall promulgate final regulations within 30

days after the end of the comment period under paragraph (1)(A).

The Secretary shall consult with the Council before making any

revisions to the proposed regulations, and must publish in the

Federal Register an explanation of any differences between the

proposed and final regulations.

(c) Preparation and review of Secretarial plans

(1) The Secretary may prepare a fishery management plan, with

respect to any fishery, or any amendment to any such plan, in

accordance with the national standards, the other provisions of

this chapter, and any other applicable law, if -

(A) the appropriate Council fails to develop and submit to the

Secretary, after a reasonable period of time, a fishery

management plan for such fishery, or any necessary amendment to

such a plan, if such fishery requires conservation and

management;

(B) the Secretary disapproves or partially disapproves any such

plan or amendment, or disapproves a revised plan or amendment,

and the Council involved fails to submit a revised or further

revised plan or amendment; or

(C) the Secretary is given authority to prepare such plan or

amendment under this section.

(2) In preparing any plan or amendment under this subsection, the

Secretary shall -

(A) conduct public hearings, at appropriate times and locations

in the geographical areas concerned, so as to allow interested

persons an opportunity to be heard in the preparation and

amendment of the plan and any regulations implementing the plan;

and

(B) consult with the Secretary of State with respect to foreign

fishing and with the Secretary of the department in which the

Coast Guard is operating with respect to enforcement at sea.

(3) Notwithstanding paragraph (1) for a fishery under the

authority of a Council, the Secretary may not include in any

fishery management plan, or any amendment to any such plan,

prepared by him, a provision establishing a limited access system,

including any individual fishing quota program, unless such system

is first approved by a majority of the voting members, present and

voting, of each appropriate Council.

(4) Whenever the Secretary prepares a fishery management plan or

plan amendment under this section, the Secretary shall immediately

-

(A) for a plan or amendment for a fishery under the authority

of a Council, submit such plan or amendment to the appropriate

Council for consideration and comment; and

(B) publish in the Federal Register a notice stating that the

plan or amendment is available and that written information,

views, or comments of interested persons on the plan or amendment

may be submitted to the Secretary during the 60-day period

beginning on the date the notice is published.

(5) Whenever a plan or amendment is submitted under paragraph

(4)(A), the appropriate Council must submit its comments and

recommendations, if any, regarding the plan or amendment to the

Secretary before the close of the 60-day period referred to in

paragraph (4)(B). After the close of such 60-day period, the

Secretary, after taking into account any such comments and

recommendations, as well as any views, information, or comments

submitted under paragraph (4)(B), may adopt such plan or amendment.

(6) The Secretary may propose regulations in the Federal Register

to implement any plan or amendment prepared by the Secretary. In

the case of a plan or amendment to which paragraph (4)(A) applies,

such regulations shall be submitted to the Council with such plan

or amendment. The comment period on proposed regulations shall be

60 days, except that the Secretary may shorten the comment period

on minor revisions to existing regulations.

(7) The Secretary shall promulgate final regulations within 30

days after the end of the comment period under paragraph (6). The

Secretary must publish in the Federal Register an explanation of

any substantive differences between the proposed and final rules.

All final regulations must be consistent with the fishery

management plan, with the national standards and other provisions

of this chapter, and with any other applicable law.

(d) Establishment of fees

(1) The Secretary shall by regulation establish the level of any

fees which are authorized to be charged pursuant to section

1853(b)(1) of this title. The Secretary may enter into a

cooperative agreement with the States concerned under which the

States administer the permit system and the agreement may provide

that all or part of the fees collected under the system shall

accrue to the States. The level of fees charged under this

subsection shall not exceed the administrative costs incurred in

issuing the permits.

(2)(A) Notwithstanding paragraph (1), the Secretary is authorized

and shall collect a fee to recover the actual costs directly

related to the management and enforcement of any -

(i) individual fishing quota program; and

(ii) community development quota program that allocates a

percentage of the total allowable catch of a fishery to such

program.

(B) Such fee shall not exceed 3 percent of the ex-vessel value of

fish harvested under any such program, and shall be collected at

either the time of the landing, filing of a landing report, or sale

of such fish during a fishing season or in the last quarter of the

calendar year in which the fish is harvested.

(C)(i) Fees collected under this paragraph shall be in addition

to any other fees charged under this chapter and shall be deposited

in the Limited Access System Administration Fund established under

section 1855(h)(5)(B) of this title, except that the portion of any

such fees reserved under section 1853(d)(4)(A) of this title shall

be deposited in the Treasury and available, subject to annual

appropriations, to cover the costs of new direct loan obligations

and new loan guarantee commitments as required by section

661c(b)(1) (FOOTNOTE 1) of title 2.

(FOOTNOTE 1) See References in Text note below.

(ii) Upon application by a State, the Secretary shall transfer to

such State up to 33 percent of any fee collected pursuant to

subparagraph (A) under a community development quota program and

deposited in the Limited Access System Administration Fund in order

to reimburse such State for actual costs directly incurred in the

management and enforcement of such program.

(e) Rebuilding overfished fisheries

(1) The Secretary shall report annually to the Congress and the

Councils on the status of fisheries within each Council's

geographical area of authority and identify those fisheries that

are overfished or are approaching a condition of being overfished.

For those fisheries managed under a fishery management plan or

international agreement, the status shall be determined using the

criteria for overfishing specified in such plan or agreement. A

fishery shall be classified as approaching a condition of being

overfished if, based on trends in fishing effort, fishery resource

size, and other appropriate factors, the Secretary estimates that

the fishery will become overfished within two years.

(2) If the Secretary determines at any time that a fishery is

overfished, the Secretary shall immediately notify the appropriate

Council and request that action be taken to end overfishing in the

fishery and to implement conservation and management measures to

rebuild affected stocks of fish. The Secretary shall publish each

notice under this paragraph in the Federal Register.

(3) Within one year of an identification under paragraph (1) or

notification under paragraphs (2) or (7), the appropriate Council

(or the Secretary, for fisheries under section 1852(a)(3) of this

title) shall prepare a fishery management plan, plan amendment, or

proposed regulations for the fishery to which the identification or

notice applies -

(A) to end overfishing in the fishery and to rebuild affected

stocks of fish; or

(B) to prevent overfishing from occurring in the fishery

whenever such fishery is identified as approaching an overfished

condition.

(4) For a fishery that is overfished, any fishery management

plan, amendment, or proposed regulations prepared pursuant to

paragraph (3) or paragraph (5) for such fishery shall -

(A) specify a time period for ending overfishing and rebuilding

the fishery that shall -

(i) be as short as possible, taking into account the status

and biology of any overfished stocks of fish, the needs of

fishing communities, recommendations by international

organizations in which the United States participates, and the

interaction of the overfished stock of fish within the marine

ecosystem; and

(ii) not exceed 10 years, except in cases where the biology

of the stock of fish, other environmental conditions, or

management measures under an international agreement in which

the United States participates dictate otherwise;

(B) allocate both overfishing restrictions and recovery

benefits fairly and equitably among sectors of the fishery; and

(C) for fisheries managed under an international agreement,

reflect traditional participation in the fishery, relative to

other nations, by fishermen of the United States.

(5) If, within the one-year period beginning on the date of

identification or notification that a fishery is overfished, the

Council does not submit to the Secretary a fishery management plan,

plan amendment, or proposed regulations required by paragraph

(3)(A), the Secretary shall prepare a fishery management plan or

plan amendment and any accompanying regulations to stop overfishing

and rebuild affected stocks of fish within 9 months under

subsection (c) of this section.

(6) During the development of a fishery management plan, a plan

amendment, or proposed regulations required by this subsection, the

Council may request the Secretary to implement interim measures to

reduce overfishing under section 1855(c) of this title until such

measures can be replaced by such plan, amendment, or regulations.

Such measures, if otherwise in compliance with the provisions of

this chapter, may be implemented even though they are not

sufficient by themselves to stop overfishing of a fishery.

(7) The Secretary shall review any fishery management plan, plan

amendment, or regulations required by this subsection at routine

intervals that may not exceed two years. If the Secretary finds as

a result of the review that such plan, amendment, or regulations

have not resulted in adequate progress toward ending overfishing

and rebuilding affected fish stocks, the Secretary shall -

(A) in the case of a fishery to which section 1852(a)(3) of

this title applies, immediately make revisions necessary to

achieve adequate progress; or

(B) for all other fisheries, immediately notify the appropriate

Council. Such notification shall recommend further conservation

and management measures which the Council should consider under

paragraph (3) to achieve adequate progress.

(f) Fisheries under authority of more than one Council

(1) Except as provided in paragraph (3), (FOOTNOTE 1) if any

fishery extends beyond the geographical area of authority of any

one Council, the Secretary may -

(A) designate which Council shall prepare the fishery

management plan for such fishery and any amendment to such plan;

or

(B) may require that the plan and amendment be prepared jointly

by the Councils concerned.

No jointly prepared plan or amendment may be submitted to the

Secretary unless it is approved by a majority of the voting

members, present and voting, of each Council concerned.

(2) The Secretary shall establish the boundaries between the

geographical areas of authority of adjacent Councils.

(g) Atlantic highly migratory species

(1) Preparation and implementation of plan or plan amendment

The Secretary shall prepare a fishery management plan or plan

amendment under subsection (c) of this section with respect to

any highly migratory species fishery to which section 1852(a)(3)

of this title applies. In preparing and implementing any such

plan or amendment, the Secretary shall -

(A) consult with and consider the comments and views of

affected Councils, commissioners and advisory groups appointed

under Acts implementing relevant international fishery

agreements pertaining to highly migratory species, and the

advisory panel established under section 1852(g) of this title;

(B) establish an advisory panel under section 1852(g) of this

title for each fishery management plan to be prepared under

this paragraph;

(C) evaluate the likely effects, if any, of conservation and

management measures on participants in the affected fisheries

and minimize, to the extent practicable, any disadvantage to

United States fishermen in relation to foreign competitors;

(D) with respect to a highly migratory species for which the

United States is authorized to harvest an allocation, quota, or

at a fishing mortality level under a relevant international

fishery agreement, provide fishing vessels of the United States

with a reasonable opportunity to harvest such allocation,

quota, or at such fishing mortality level;

(E) review, on a continuing basis (and promptly whenever a

recommendation pertaining to fishing for highly migratory

species has been made under a relevant international fishery

agreement), and revise as appropriate, the conservation and

management measures included in the plan;

(F) diligently pursue, through international entities (such

as the International Commission for the Conservation of

Atlantic Tunas), comparable international fishery management

measures with respect to fishing for highly migratory species;

and

(G) ensure that conservation and management measures under

this subsection -

(i) promote international conservation of the affected

fishery;

(ii) take into consideration traditional fishing patterns

of fishing vessels of the United States and the operating

requirements of the fisheries;

(iii) are fair and equitable in allocating fishing

privileges among United States fishermen and do not have

economic allocation as the sole purpose; and

(iv) promote, to the extent practicable, implementation of

scientific research programs that include the tagging and

release of Atlantic highly migratory species.

(2) Certain fish excluded from ''bycatch'' definition

Notwithstanding section 1802(2) of this title, fish harvested

in a commercial fishery managed by the Secretary under this

subsection or the Atlantic Tunas Convention Act of 1975 (16

U.S.C. 971d) that are not regulatory discards and that are tagged

and released alive under a scientific tagging and release program

established by the Secretary shall not be considered bycatch for

purposes of this chapter.

(h) Repeal or revocation of a fishery management plan

The Secretary may repeal or revoke a fishery management plan for

a fishery under the authority of a Council only if the Council

approves the repeal or revocation by a three-quarters majority of

the voting members of the Council.

-SOURCE-

(Pub. L. 94-265, title III, Sec. 304, Apr. 13, 1976, 90 Stat. 352;

Pub. L. 97-453, Sec. 7(a), Jan. 12, 1983, 96 Stat. 2487; Pub. L.

99-659, title I, Sec. 106, Nov. 14, 1986, 100 Stat. 3712; Pub. L.

101-627, title I, Sec. 110(a), (b)(1), (c), 111(a)(2), 120(d), Nov.

28, 1990, 104 Stat. 4449-4452, 4459; Pub. L. 102-567, title III,

Sec. 303, Oct. 29, 1992, 106 Stat. 4283; Pub. L. 103-206, title

VII, Sec. 702, Dec. 20, 1993, 107 Stat. 2446; Pub. L. 104-297,

title I, Sec. 109(a)-(c), (e)-(g), (i), Oct. 11, 1996, 110 Stat.

3581-3585, 3587.)

-REFTEXT-

REFERENCES IN TEXT

Section 661c(b)(1) of title 2, referred to in subsec.

(d)(2)(C)(i), was in the original a reference to ''section

504(b)(1) of the Federal Credit Reform Act (2 U.S.C. 661c(b)(1))''

and was translated as meaning section 504(b)(1) of the Federal

Credit Reform Act of 1990, to reflect the probable intent of

Congress.

Paragraph (3), referred to in subsec. (f)(1), was repealed by

Pub. L. 104-297, title I, Sec. 109(f), Oct. 11, 1996, 110 Stat.

3585.

The Atlantic Tunas Convention Act of 1975, referred to in subsec.

(g)(2), is Pub. L. 94-70, Aug. 5, 1975, 89 Stat. 385, as amended,

which is classified generally to chapter 16A (Sec. 971 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 971 of this title and

Tables.

-MISC2-

AMENDMENTS

1996 - Subsecs. (a), (b). Pub. L. 104-297, Sec. 109(a), added

subsecs. (a) and (b) and struck out former subsecs. (a) which

related to actions by Secretary after receipt of a fishery

management plan or amendment to a plan and (b) which related to

implementation of approved plans and amendments and submission and

review of revised plans and amendments.

Subsec. (c). Pub. L. 104-297, Sec. 109(b)(1), amended heading to

read ''Preparation and review of Secretarial plans''.

Subsec. (c)(1). Pub. L. 104-297, Sec. 109(b)(2)-(4), struck out

''or'' at end of subpar. (A), substituted ''or amendment; or'' for

''or amendment, as the case may be.'' in subpar. (B), added subpar.

(C), and struck out concluding provisions which read as follows:

''In preparing any such plan or amendment, the Secretary shall

consult with the Secretary of State with respect to foreign fishing

and with the Secretary of the department in which the Coast Guard

is operating with respect to enforcement at sea. The Secretary

shall also prepare such proposed regulations as he deems necessary

or appropriate to carry out each plan or amendment prepared by him

under this paragraph.''

Subsec. (c)(2). Pub. L. 104-297, Sec. 109(b)(5), added par. (2)

and struck out former par. (2) which related to procedures for

making fishery management plans and amendments available for review

and comment.

Subsec. (c)(3). Pub. L. 104-297, Sec. 109(b)(6), (7), inserted

''for a fishery under the authority of a Council'' after

''paragraph (1)'' and substituted ''system, including any

individual fishing quota program'' for ''system described in

section 1853(b)(6) of this title''.

Subsec. (c)(4) to (7). Pub. L. 104-297, Sec. 109(b)(8), added

pars. (4) to (7).

Subsec. (d). Pub. L. 104-297, Sec. 109(c), designated existing

provisions as par. (1) and added par. (2).

Subsec. (e). Pub. L. 104-297, Sec. 109(e), amended heading and

text of subsec. (e) generally. Prior to amendment, subsec. (e)

required Secretary to initiate and maintain a comprehensive program

of fishery research.

Subsec. (f)(3). Pub. L. 104-297, Sec. 109(f), struck out par. (3)

which related to authority of Secretary over any highly migratory

species fishery that is within the area of authority of more than

one of certain Councils and to the preparation and amendment of

fishery management plans with respect to such fishery.

Subsec. (g). Pub. L. 104-297, Sec. 109(g), added subsec. (g) and

struck out former subsec. (g) which required the Secretary to

establish a 3-year program to assess the impact on fishery

resources of incidental harvest by the shrimp trawl fishery within

the authority of the Gulf of Mexico Fishery Management Council and

the South Atlantic Fishery Management Council.

Subsec. (h). Pub. L. 104-297, Sec. 109(i), added subsec. (h).

1993 - Subsec. (g)(6)(B). Pub. L. 103-206 substituted ''April 1,

1994'' for ''January 1, 1994''.

1992 - Subsec. (e)(1). Pub. L. 102-567 added par. (1). Former

par. (1) redesignated (2).

Subsec. (e)(2). Pub. L. 102-567 redesignated par. (1) as (2) and

substituted ''(3)'' for ''(2)'' in subpar. (A). Former par. (2)

redesignated (3).

Subsec. (e)(3). Pub. L. 102-567 redesignated par. (2) as (3) and

substituted ''(2)'' for ''(1)'' in introductory provisions. Former

par. (3) redesignated (4).

Subsec. (e)(4). Pub. L. 102-567 redesignated par. (3) as (4) and

substituted ''(2)'' for ''(1)''.

1990 - Subsec. (b)(1), (3)(D). Pub. L. 101-627, Sec.

111(a)(2)(A), (B), substituted ''section 1855(a)'' for ''section

1855(c)''.

Subsec. (c)(2)(B). Pub. L. 101-627, Sec. 120(d), substituted

''appropriate Council'' for ''appropriate council''.

Pub. L. 101-627, Sec. 111(a)(2)(C), substituted ''section

1855(a)'' for ''section 1855(c)''.

Subsec. (e). Pub. L. 101-627, Sec. 110(a), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: ''The

Secretary shall initiate and maintain, in cooperation with the

Councils, a comprehensive program of fishery research to carry out

and further the purposes, policy, and provisions of this chapter.

Such program shall be designed to acquire knowledge and

information, including statistics, on fishery conservation and

management and on the economics of the fisheries, including, but

not limited to, biological research concerning the interdependence

of fisheries or stocks of fish, the impact of pollution on fish,

the impact of wetland and estuarine degradation, and other matters

bearing upon the abundance and availability of fish. The Secretary

shall annually review and update the comprehensive program and make

the results of the review and update available to the Councils.''

Subsec. (f). Pub. L. 101-627, Sec. 110(b)(1), in heading

substituted ''Fisheries under authority of more than one Council''

for ''Miscellaneous duties'', in par. (1) substituted ''Except as

provided in paragraph (3), if'' for ''If'', and added par. (3).

Subsec. (g). Pub. L. 101-627, Sec. 110(c), added subsec. (g).

1986 - Subsec. (a)(1). Pub. L. 99-659, Sec. 106(1)(A), struck out

''(the date of receipt of which is hereafter in this section

referred to as the 'receipt date')'' after ''by a Council'' in

introductory provisions.

Subsec. (a)(1)(A), (B). Pub. L. 99-659, Sec. 106(1)(B), (C),

added subpar. (A) and redesignated former subpars. (A) and (B) as

(B) and (C), respectively.

Subsec. (a)(1)(C). Pub. L. 99-659, Sec. 106(1)(B), (D),

redesignated former subpar. (B) as (C) and substituted ''60-day''

for ''75-day''. Former subpar. (C) redesignated (D).

Subsec. (a)(1)(D). Pub. L. 99-659, Sec. 106(1)(B), (E),

redesignated former subpar. (C) as (D) and substituted ''15th day''

for ''30th day''.

Subsec. (a)(2). Pub. L. 99-659, Sec. 106(1)(F), substituted

''paragraph (1)(B)'' for ''paragraph (1)(A)'' in introductory

provisions and inserted ''and to fishery access adjustments

referred to in section 1853(a)(6) of this title'' in subpar. (C).

Subsec. (a)(3). Pub. L. 99-659, Sec. 106(1)(G), added par. (3).

Subsec. (b)(1)(A). Pub. L. 99-659, Sec. 106(2)(A), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: ''the Secretary does not notify the Council in writing of

his disapproval, or partial disapproval, under paragraph (2), of

the plan or amendment before the close of the 95th day after the

receipt date; or''.

Subsec. (b)(1)(B). Pub. L. 99-659, Sec. 106(2)(B), substituted

''60th day'' for ''75th day''.

Subsec. (b)(2). Pub. L. 99-659, Sec. 106(2)(C), substituted

''paragraph (1)(B)'' for ''paragraph (1)(A)'' in introductory

provisions.

Subsec. (b)(3)(A). Pub. L. 99-659, Sec. 106(2)(D)(i), inserted

''disapproves a proposed plan or amendment under subsection

(a)(1)(A)(ii) of this section, or''.

Subsec. (b)(3)(B)(i), (C)(i). Pub. L. 99-659, Sec. 106(2)(D)(ii),

substituted ''subsection (a)(1)(B)'' for ''subsection (a)(1)(A)''.

Subsec. (c)(2)(A)(ii). Pub. L. 99-659, Sec. 106(3)(A),

substituted ''60-day'' for ''75-day''.

Subsec. (c)(2)(A)(iii). Pub. L. 99-659, Sec. 106(3)(B),

substituted ''15th day'' for ''30th day''.

Subsec. (c)(2)(B). Pub. L. 99-659, Sec. 106(3)(C), substituted

''60-day'' for ''75-day'' in two places.

Subsec. (e). Pub. L. 99-659, Sec. 106(4), inserted '', in

cooperation with the Councils,'', ''and on the economics of the

fisheries'', and ''The Secretary shall annually review and update

the comprehensive program and make the results of the review and

update available to the Councils.''

1983 - Subsec. (a). Pub. L. 97-453, Sec. 7(a)(1), amended subsec.

(a) generally, which had provided that within 60 days after the

Secretary received any fishery management plan, or any amendment to

any such plan, which was prepared by any Council, the Secretary was

to review such plan or amendment pursuant to subsection (b) of this

section, notify such Council in writing of his approval,

disapproval, or partial disapproval of such plan or amendment, and

that in the case of disapproval or partial disapproval, the

Secretary was to include in such notification a statement and

explanation of the Secretary's objections and the reasons therefor,

suggestions for improvement, a request to such Council to change

such plan or amendment to satisfy the objections, and a request to

resubmit the plan or amendment, as so modified, to the Secretary

within 45 days after the date on which the Council received such

notification.

Subsec. (b). Pub. L. 97-453, Sec. 7(a)(1), amended subsec. (b)

generally, which had provided that the Secretary was to review any

fishery management plan, and any amendment to any such plan,

prepared by any Council and submitted to him to determine whether

it was consistent with the national standards, the other provisions

of this chapter, and any other applicable law, and that in carrying

out such review, the Secretary was to consult with the Secretary of

State with respect to foreign fishing, and the Secretary of the

department in which the Coast Guard was operating with respect to

enforcement at sea.

Subsec. (c)(1). Pub. L. 97-453, Sec. 7(a)(2)(A), in subpar. (B)

substituted ''or disapproves a revised plan or amendment, and the

Council involved fails to submit a revised or further revised plan

or amendment, as the case may be'' for ''and the Council involved

fails to change such plan or amendment in accordance with the

notification made under subsection (a)(2) of this section'', and

added to the provisions following subpar. (B) a requirement that

the Secretary also prepare such proposed regulations as he deems

necessary or appropriate to carry out each plan or amendment

prepared by him under this paragraph.

Subsec. (c)(2). Pub. L. 97-453, Sec. 7(a)(2)(B), amended par. (2)

generally, which had provided that whenever, pursuant to paragraph

(1), the Secretary prepared a fishery management plan or amendment,

the Secretary was to promptly transmit such plan or amendment to

the appropriate Council for consideration and comment, that within

45 days after the date of receipt of such plan or amendment, the

appropriate Council could recommend, to the Secretary, changes in

such plan or amendment, consistent with the national standards, the

other provisions of this chapter, and any other applicable law, and

that after the expiration of such 45-day period, the Secretary

could implement such plan or amendment pursuant to section 1855 of

this title.

Subsec. (d). Pub. L. 97-453, Sec. 7(a)(3), inserted provisions

relating to agreements with the States for the administration of

the permit system and the permissible accrual to the States of fees

collected under the system.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 7(b) of Pub. L. 97-453 provided that: ''The amendments

made by subsection (a) (amending this section) shall only apply

with respect to fishery management plans and amendments thereto

that are initially submitted to the Secretary of Commerce on or

after the date of the enactment of this Act (Jan. 12, 1983) for

action under section 304 (this section).''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For

treatment of references to Committee on Merchant Marine and

Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note

preceding section 21 of Title 2, The Congress.

-MISC5-

DELAY OF COLLECTION OF FEES IN QUAHOG AND WRECKFISH FISHERIES

Section 109(d) of Pub. L. 104-297, as amended by Pub. L. 104-208,

div. A, title I, Sec. 101(a) (title II, Sec. 211(b)), Sept. 30,

1996, 110 Stat. 3009, 3009-41, provided that: ''Notwithstanding any

other provision of law, the Secretary shall not begin the

collection of fees under section 304(d)(2) of the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1854(d)(2)), as

amended by this Act, in the surf clam and ocean (including

mahogany) quahog fishery or in the wreckfish fishery until after

January 1, 2000.''

COMPREHENSIVE MANAGEMENT SYSTEM FOR ATLANTIC PELAGIC LONGLINE

FISHERY

Section 109(h) of Pub. L. 104-297, as amended by Pub. L. 104-208,

div. A, title I, Sec. 101(a) (title II, Sec. 211(b)), Sept. 30,

1996, 110 Stat. 3009, 3009-41, provided that:

''(1) The Secretary of Commerce shall -

''(A) establish an advisory panel under section 302(g)(4) of

the Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1852(g)(4)), as amended by this Act, for pelagic longline

fishing vessels that participate in fisheries for Atlantic highly

migratory species;

''(B) conduct surveys and workshops with affected fishery

participants to provide information and identify options for

future management programs;

''(C) to the extent practicable and necessary for the

evaluation of options for a comprehensive management system,

recover vessel production records; and

''(D) complete by January 1, 1998, a comprehensive study on the

feasibility of implementing a comprehensive management system for

pelagic longline fishing vessels that participate in fisheries

for Atlantic highly migratory species, including, but not limited

to, individual fishing quota programs and other limited access

systems.

''(2) Based on the study under paragraph (1)(D) and consistent

with the requirements of the Magnuson-Stevens Fishery Conservation

and Management Act (16 U.S.C. 1801 et seq.), in cooperation with

affected participants in the fishery, the United States

Commissioners on the International Commission for the Conservation

of Atlantic Tunas, and the advisory panel established under

paragraph (1)(A), the Secretary of Commerce may, after October 1,

1998, implement a comprehensive management system pursuant to

section 304 of such Act (16 U.S.C. 1854) for pelagic longline

fishing vessels that participate in fisheries for Atlantic highly

migratory species. Such a system may not implement an individual

fishing quota program until after October 1, 2000.''

INAPPLICABILITY OF SUBSECTION (H) TO AMERICAN LOBSTER FISHERY

MANAGEMENT PLAN

Section 109(j) of Pub. L. 104-297, as amended by Pub. L. 104-208,

div. A, title I, Sec. 101(a) (title II, Sec. 211(b)), Sept. 30,

1996, 110 Stat. 3009, 3009-41, provided that: ''Section 304(h) of

the Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1854(h)), as amended by this Act, shall not apply to the

American Lobster Fishery Management Plan.''

INTERIM MANAGEMENT OF HIGHLY MIGRATORY SPECIES FISHERIES

Section 108(k) of Pub. L. 101-627, as amended by Pub. L. 104-208,

div. A, title I, Sec. 101(a) (title II, Sec. 211(b)), Sept. 30,

1996, 110 Stat. 3009, 3009-41, provided that: ''Notwithstanding the

amendments made by subsections (a) and (g) (amending section 1852

of this title), any fishery management plan or amendment which -

''(1) addresses a highly migratory species fishery to which

section 304(f)(3) of the Magnuson-Stevens Fishery Conservation

and Management Act (former 16 U.S.C. 1854(f)(3)) (as amended by

this Act) applies,

''(2) was prepared by one or more Regional Fishery Management

Councils, and

''(3) was in force and effect on January 1, 1990,

shall remain in force and effect until superseded by a fishery

management plan prepared by the Secretary, and regulations

implementing that plan.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1821, 1852, 1853, 1855,

1861a, 1862 of this title.

-CITE-

16 USC Sec. 1855 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1855. Other requirements and authority

-STATUTE-

(a) Gear evaluation and notification of entry

(1) Not later than 18 months after October 11, 1996, the

Secretary shall publish in the Federal Register, after notice and

an opportunity for public comment, a list of all fisheries -

(A) under the authority of each Council and all fishing gear

used in such fisheries, based on information submitted by the

Councils under section 1853(a) of this title; and

(B) to which section 1852(a)(3) of this title applies and all

fishing gear used in such fisheries.

(2) The Secretary shall include with such list guidelines for

determining when fishing gear or a fishery is sufficiently

different from those listed as to require notification under

paragraph (3).

(3) Effective 180 days after the publication of such list, no

person or vessel may employ fishing gear or engage in a fishery not

included on such list without giving 90 days advance written notice

to the appropriate Council, or the Secretary with respect to a

fishery to which section 1852(a)(3) of this title applies. A

signed return receipt shall serve as adequate evidence of such

notice and as the date upon which the 90-day period begins.

(4) A Council may submit to the Secretary any proposed changes to

such list or such guidelines the Council deems appropriate. The

Secretary shall publish a revised list, after notice and an

opportunity for public comment, upon receiving any such proposed

changes from a Council.

(5) A Council may request the Secretary to promulgate emergency

regulations under subsection (c) of this section to prohibit any

persons or vessels from using an unlisted fishing gear or engaging

in an unlisted fishery if the appropriate Council, or the Secretary

for fisheries to which section 1852(a)(3) of this title applies,

determines that such unlisted gear or unlisted fishery would

compromise the effectiveness of conservation and management efforts

under this chapter.

(6) Nothing in this subsection shall be construed to permit a

person or vessel to engage in fishing or employ fishing gear when

such fishing or gear is prohibited or restricted by regulation

under a fishery management plan or plan amendment, or under other

applicable law.

(b) Fish habitat

(1)(A) The Secretary shall, within 6 months of October 11, 1996,

establish by regulation guidelines to assist the Councils in the

description and identification of essential fish habitat in fishery

management plans (including adverse impacts on such habitat) and in

the consideration of actions to ensure the conservation and

enhancement of such habitat. The Secretary shall set forth a

schedule for the amendment of fishery management plans to include

the identification of essential fish habitat and for the review and

updating of such identifications based on new scientific evidence

or other relevant information.

(B) The Secretary, in consultation with participants in the

fishery, shall provide each Council with recommendations and

information regarding each fishery under that Council's authority

to assist it in the identification of essential fish habitat, the

adverse impacts on that habitat, and the actions that should be

considered to ensure the conservation and enhancement of that

habitat.

(C) The Secretary shall review programs administered by the

Department of Commerce and ensure that any relevant programs

further the conservation and enhancement of essential fish habitat.

(D) The Secretary shall coordinate with and provide information

to other Federal agencies to further the conservation and

enhancement of essential fish habitat.

(2) Each Federal agency shall consult with the Secretary with

respect to any action authorized, funded, or undertaken, or

proposed to be authorized, funded, or undertaken, by such agency

that may adversely affect any essential fish habitat identified

under this chapter.

(3) Each Council -

(A) may comment on and make recommendations to the Secretary

and any Federal or State agency concerning any activity

authorized, funded, or undertaken, or proposed to be authorized,

funded, or undertaken, by any Federal or State agency that, in

the view of the Council, may affect the habitat, including

essential fish habitat, of a fishery resource under its

authority; and

(B) shall comment on and make recommendations to the Secretary

and any Federal or State agency concerning any such activity

that, in the view of the Council, is likely to substantially

affect the habitat, including essential fish habitat, of an

anadromous fishery resource under its authority.

(4)(A) If the Secretary receives information from a Council or

Federal or State agency or determines from other sources that an

action authorized, funded, or undertaken, or proposed to be

authorized, funded, or undertaken, by any State or Federal agency

would adversely affect any essential fish habitat identified under

this chapter, the Secretary shall recommend to such agency measures

that can be taken by such agency to conserve such habitat.

(B) Within 30 days after receiving a recommendation under

subparagraph (A), a Federal agency shall provide a detailed

response in writing to any Council commenting under paragraph (3)

and the Secretary regarding the matter. The response shall include

a description of measures proposed by the agency for avoiding,

mitigating, or offsetting the impact of the activity on such

habitat. In the case of a response that is inconsistent with the

recommendations of the Secretary, the Federal agency shall explain

its reasons for not following the recommendations.

(c) Emergency actions and interim measures

(1) If the Secretary finds that an emergency exists or that

interim measures are needed to reduce overfishing for any fishery,

he may promulgate emergency regulations or interim measures

necessary to address the emergency or overfishing, without regard

to whether a fishery management plan exists for such fishery.

(2) If a Council finds that an emergency exists or that interim

measures are needed to reduce overfishing for any fishery within

its jurisdiction, whether or not a fishery management plan exists

for such fishery -

(A) the Secretary shall promulgate emergency regulations or

interim measures under paragraph (1) to address the emergency or

overfishing if the Council, by unanimous vote of the members who

are voting members, requests the taking of such action; and

(B) the Secretary may promulgate emergency regulations or

interim measures under paragraph (1) to address the emergency or

overfishing if the Council, by less than a unanimous vote,

requests the taking of such action.

(3) Any emergency regulation or interim measure which changes any

existing fishery management plan or amendment shall be treated as

an amendment to such plan for the period in which such regulation

is in effect. Any emergency regulation or interim measure

promulgated under this subsection -

(A) shall be published in the Federal Register together with

the reasons therefor;

(B) shall, except as provided in subparagraph (C), remain in

effect for not more than 180 days after the date of publication,

and may be extended by publication in the Federal Register for

one additional period of not more than 180 days, provided the

public has had an opportunity to comment on the emergency

regulation or interim measure, and, in the case of a Council

recommendation for emergency regulations or interim measures, the

Council is actively preparing a fishery management plan, plan

amendment, or proposed regulations to address the emergency or

overfishing on a permanent basis;

(C) that responds to a public health emergency or an oil spill

may remain in effect until the circumstances that created the

emergency no longer exist, Provided, That the public has an

opportunity to comment after the regulation is published, and, in

the case of a public health emergency, the Secretary of Health

and Human Services concurs with the Secretary's action; and

(D) may be terminated by the Secretary at an earlier date by

publication in the Federal Register of a notice of termination,

except for emergency regulations promulgated under paragraph (2)

in which case such early termination may be made only upon the

agreement of the Secretary and the Council concerned.

(d) Responsibility of Secretary

The Secretary shall have general responsibility to carry out any

fishery management plan or amendment approved or prepared by him,

in accordance with the provisions of this chapter. The Secretary

may promulgate such regulations, in accordance with section 553 of

title 5, as may be necessary to discharge such responsibility or to

carry out any other provision of this chapter.

(e) Effect of certain laws on certain time requirements

The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.),

(FOOTNOTE 1) the Regulatory Flexibility Act (5 U.S.C. 601 et seq.),

and Executive Order Numbered 12866, dated September 30, 1993, shall

be complied with within the time limitations specified in

subsections (a), (b), and (c) of section 1854 of this title as they

apply to the functions of the Secretary under such provisions.

(FOOTNOTE 1) See References in Text note below.

(f) Judicial review

(1) Regulations promulgated by the Secretary under this chapter

and actions described in paragraph (2) shall be subject to judicial

review to the extent authorized by, and in accordance with, chapter

7 of title 5, if a petition for such review is filed within 30 days

after the date on which the regulations are promulgated or the

action is published in the Federal Register, as applicable; except

that -

(A) section 705 of such title is not applicable, and

(B) the appropriate court shall only set aside any such

regulation or action on a ground specified in section 706(2)(A),

(B), (C), or (D) of such title.

(2) The actions referred to in paragraph (1) are actions that are

taken by the Secretary under regulations which implement a fishery

management plan, including but not limited to actions that

establish the date of closure of a fishery to commercial or

recreational fishing.

(3)(A) Notwithstanding any other provision of law, the Secretary

shall file a response to any petition filed in accordance with

paragraph (1), not later than 45 days after the date the Secretary

is served with that petition, except that the appropriate court may

extend the period for filing such a response upon a showing by the

Secretary of good cause for that extension.

(B) A response of the Secretary under this paragraph shall

include a copy of the administrative record for the regulations

that are the subject of the petition.

(4) Upon a motion by the person who files a petition under this

subsection, the appropriate court shall assign the matter for

hearing at the earliest possible date and shall expedite the matter

in every possible way.

(g) Negotiated conservation and management measures

(1)(A) In accordance with regulations promulgated by the

Secretary pursuant to this paragraph, a Council may establish a

fishery negotiation panel to assist in the development of specific

conservation and management measures for a fishery under its

authority. The Secretary may establish a fishery negotiation panel

to assist in the development of specific conservation and

management measures required for a fishery under section 1854(e)(5)

of this title, for a fishery for which the Secretary has authority

under section 1854(g) of this title, or for any other fishery with

the approval of the appropriate Council.

(B) No later than 180 days after October 11, 1996, the Secretary

shall promulgate regulations establishing procedures, developed in

cooperation with the Administrative Conference of the United

States, for the establishment and operation of fishery negotiation

panels. Such procedures shall be comparable to the procedures for

negotiated rulemaking established by subchapter III of chapter 5 of

title 5.

(2) If a negotiation panel submits a report, such report shall

specify all the areas where consensus was reached by the panel,

including, if appropriate, proposed conservation and management

measures, as well as any other information submitted by members of

the negotiation panel. Upon receipt, the Secretary shall publish

such report in the Federal Register for public comment.

(3) Nothing in this subsection shall be construed to require

either a Council or the Secretary, whichever is appropriate, to use

all or any portion of a report from a negotiation panel established

under this subsection in the development of specific conservation

and management measures for the fishery for which the panel was

established.

(h) Central registry system for limited access system permits

(1) Within 6 months after October 11, 1996, the Secretary shall

establish an exclusive central registry system (which may be

administered on a regional basis) for limited access system permits

established under section 1853(b)(6) of this title or other Federal

law, including individual fishing quotas, which shall provide for

the registration of title to, and interests in, such permits, as

well as for procedures for changes in the registration of title to

such permits upon the occurrence of involuntary transfers, judicial

or nonjudicial foreclosure of interests, enforcement of judgments

thereon, and related matters deemed appropriate by the Secretary.

Such registry system shall -

(A) provide a mechanism for filing notice of a nonjudicial

foreclosure or enforcement of a judgment by which the holder of a

senior security interest acquires or conveys ownership of a

permit, and in the event of a nonjudicial foreclosure, by which

the interests of the holders of junior security interests are

released when the permit is transferred;

(B) provide for public access to the information filed under

such system, notwithstanding section 1881a(b) of this title; and

(C) provide such notice and other requirements of applicable

law that the Secretary deems necessary for an effective registry

system.

(2) The Secretary shall promulgate such regulations as may be

necessary to carry out this subsection, after consulting with the

Councils and providing an opportunity for public comment. The

Secretary is authorized to contract with non-Federal entities to

administer the central registry system.

(3) To be effective and perfected against any person except the

transferor, its heirs and devisees, and persons having actual

notice thereof, all security interests, and all sales and other

transfers of permits described in paragraph (1), shall be

registered in compliance with the regulations promulgated under

paragraph (2). Such registration shall constitute the exclusive

means of perfection of title to, and security interests in, such

permits, except for Federal tax liens thereon, which shall be

perfected exclusively in accordance with the Internal Revenue Code

of 1986 (26 U.S.C. 1 et seq.). The Secretary shall notify both the

buyer and seller of a permit if a lien has been filed by the

Secretary of the Treasury against the permit before collecting any

transfer fee under paragraph (5) of this subsection.

(4) The priority of security interests shall be determined in

order of filing, the first filed having the highest priority. A

validly-filed security interest shall remain valid and perfected

notwithstanding a change in residence or place of business of the

owner of record. For the purposes of this subsection, ''security

interest'' shall include security interests, assignments, liens and

other encumbrances of whatever kind.

(5)(A) Notwithstanding section 1854(d)(1) of this title, the

Secretary shall collect a reasonable fee of not more than one-half

of one percent of the value of a limited access system permit upon

registration of the title to such permit with the central registry

system and upon the transfer of such registered title. Any such

fee collected shall be deposited in the Limited Access System

Administration Fund established under subparagraph (B).

(B) There is established in the Treasury a Limited Access System

Administration Fund. The Fund shall be available, without

appropriation or fiscal year limitation, only to the Secretary for

the purposes of -

(i) administering the central registry system; and

(ii) administering and implementing this chapter in the fishery

in which the fees were collected. Sums in the Fund that are not

currently needed for these purposes shall be kept on deposit or

invested in obligations of, or guaranteed by, the United States.

(i) Alaska and western Pacific community development programs

(1)(A) The North Pacific Council and the Secretary shall

establish a western Alaska community development quota program

under which a percentage of the total allowable catch of any Bering

Sea fishery is allocated to the program.

(B) To be eligible to participate in the western Alaska community

development quota program under subparagraph (A) a community shall

-

(i) be located within 50 nautical miles from the baseline from

which the breadth of the territorial sea is measured along the

Bering Sea coast from the Bering Strait to the western most of

the Aleutian Islands, or on an island within the Bering Sea;

(ii) not be located on the Gulf of Alaska coast of the north

Pacific Ocean;

(iii) meet criteria developed by the Governor of Alaska,

approved by the Secretary, and published in the Federal Register;

(iv) be certified by the Secretary of the Interior pursuant to

the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)

to be a Native village;

(v) consist of residents who conduct more than one-half of

their current commercial or subsistence fishing effort in the

waters of the Bering Sea or waters surrounding the Aleutian

Islands; and

(vi) not have previously developed harvesting or processing

capability sufficient to support substantial participation in the

groundfish fisheries in the Bering Sea, unless the community can

show that the benefits from an approved Community Development

Plan would be the only way for the community to realize a return

from previous investments.

(C)(i) Prior to October 1, 2001, the North Pacific Council may

not submit to the Secretary any fishery management plan, plan

amendment, or regulation that allocates to the western Alaska

community development quota program a percentage of the total

allowable catch of any Bering Sea fishery for which, prior to

October 1, 1995, the Council had not approved a percentage of the

total allowable catch for allocation to such community development

quota program. The expiration of any plan, amendment, or

regulation that meets the requirements of clause (ii) prior to

October 1, 2001, shall not be construed to prohibit the Council

from submitting a revision or extension of such plan, amendment, or

regulation to the Secretary if such revision or extension complies

with the other requirements of this paragraph.

(ii) With respect to a fishery management plan, plan amendment,

or regulation for a Bering Sea fishery that -

(I) allocates to the western Alaska community development quota

program a percentage of the total allowable catch of such

fishery; and

(II) was approved by the North Pacific Council prior to October

1, 1995;

the Secretary shall, except as provided in clause (iii) and after

approval of such plan, amendment, or regulation under section 1854

of this title, allocate to the program the percentage of the total

allowable catch described in such plan, amendment, or regulation.

Prior to October 1, 2001, the percentage submitted by the Council

and approved by the Secretary for any such plan, amendment, or

regulation shall be no greater than the percentage approved by the

Council for such fishery prior to October 1, 1995.

(iii) The Secretary shall phase in the percentage for community

development quotas approved in 1995 by the North Pacific Council

for the Bering Sea crab fisheries as follows:

(I) 3.5 percent of the total allowable catch of each such

fishery for 1998 shall be allocated to the western Alaska

community development quota program;

(II) 5 percent of the total allowable catch of each such

fishery for 1999 shall be allocated to the western Alaska

community development quota program; and

(III) 7.5 percent of the total allowable catch of each such

fishery for 2000 and thereafter shall be allocated to the western

Alaska community development quota program, unless the North

Pacific Council submits and the Secretary approves a percentage

that is no greater than 7.5 percent of the total allowable catch

of each such fishery for 2001 or the North Pacific Council

submits and the Secretary approves any other percentage on or

after October 1, 2001.

(D) This paragraph shall not be construed to require the North

Pacific Council to resubmit, or the Secretary to reapprove, any

fishery management plan or plan amendment approved by the North

Pacific Council prior to October 1, 1995, that includes a community

development quota program, or any regulations to implement such

plan or amendment.

(2)(A) The Western Pacific Council and the Secretary may

establish a western Pacific community development program for any

fishery under the authority of such Council in order to provide

access to such fishery for western Pacific communities that

participate in the program.

(B) To be eligible to participate in the western Pacific

community development program, a community shall -

(i) be located within the Western Pacific Regional Fishery

Management Area;

(ii) meet criteria developed by the Western Pacific Council,

approved by the Secretary and published in the Federal Register;

(iii) consist of community residents who are descended from the

aboriginal people indigenous to the area who conducted commercial

or subsistence fishing using traditional fishing practices in the

waters of the Western (FOOTNOTE 2) Pacific region;

(FOOTNOTE 2) So in original. Probably should not be

capitalized.

(iv) not have previously developed harvesting or processing

capability sufficient to support substantial participation in

fisheries in the Western Pacific Regional Fishery Management

Area; and

(v) develop and submit a Community Development Plan to the

Western Pacific Council and the Secretary.

(C) In developing the criteria for eligible communities under

subparagraph (B)(ii), the Western Pacific Council shall base such

criteria on traditional fishing practices in or dependence on the

fishery, the cultural and social framework relevant to the fishery,

and economic barriers to access to the fishery.

(D) For the purposes of this subsection ''Western Pacific

Regional Fishery Management Area'' means the area under the

jurisdiction of the Western Pacific Council, or an island within

such area.

(E) Notwithstanding any other provision of this chapter, the

Western Pacific Council shall take into account traditional

indigenous fishing practices in preparing any fishery management

plan.

(3) The Secretary shall deduct from any fees collected from a

community development quota program under section 1854(d)(2) of

this title the costs incurred by participants in the program for

observer and reporting requirements which are in addition to

observer and reporting requirements of other participants in the

fishery in which the allocation to such program has been made.

(4) After October 11, 1996, the North Pacific Council and Western

Pacific Council may not submit to the Secretary a community

development quota program that is not in compliance with this

subsection.

-SOURCE-

(Pub. L. 94-265, title III, Sec. 305, Apr. 13, 1976, 90 Stat. 354;

Pub. L. 96-561, title II, Sec. 235, Dec. 22, 1980, 94 Stat. 3299;

Pub. L. 97-453, Sec. 8, Jan. 12, 1983, 96 Stat. 2490; Pub. L.

101-627, title I, Sec. 110(b)(2), 111(a)(1), (b), Nov. 28, 1990,

104 Stat. 4451, 4452; Pub. L. 104-297, title I, Sec. 110(a)-(d),

111(a), Oct. 11, 1996, 110 Stat. 3587-3590, 3592.)

-REFTEXT-

REFERENCES IN TEXT

The Paperwork Reduction Act of 1980, referred to in subsec. (e),

is Pub. L. 96-511, Dec. 11, 1980, 94 Stat. 2812, as amended, which

was classified principally to chapter 35 (Sec. 3501 et seq.) of

Title 44, Public Printing and Documents, prior to the general

amendment of that chapter by Pub. L. 104-13, Sec. 2, May 22, 1995,

109 Stat. 163. For complete classification of this Act to the Code,

see Short Title of 1980 Amendment note set out under section 101 of

Title 44 and Tables.

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), referred

to in subsec. (e), is Pub. L. 96-354, Sept. 19, 1980, 94 Stat.

1164, which is classified generally to chapter 6 (Sec. 601 et seq.)

of Title 5, Government Organization and Employees. For complete

classification of the Act to the Code, see Short Title note set out

under section 601 of Title 5 and Tables.

Executive Order Numbered 12886, referred to in subsec. (e), is

set out as a note under section 601 of Title 5, Government

Organization and Employees.

The Internal Revenue Code of 1986, referred to in subsec. (h)(3),

is classified generally to Title 26, Internal Revenue Code.

The Alaska Native Claims Settlement Act, referred to in subsec.

(i)(1)(B)(iv), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as

amended, which is classified generally to chapter 33 (Sec. 1601 et

seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1601 of Title 43 and Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-297, Sec. 110(a)(1), (3), substituted ''Other

requirements and authority'' for ''Implementation of fishery

management plans'' as section catchline.

Subsec. (a). Pub. L. 104-297, Sec. 110(a)(1), (3), added subsec.

(a) and struck out heading and text of former subsec. (a). Text

read as follows: ''The Secretary shall promulgate each regulation

that is necessary to carry out a plan or amendment -

''(1) within 110 days after the plan or amendment was received

by him for action under section 1854(a) of this title, if such

plan or amendment takes effect under section 1854(b)(1) of this

title;

''(2) within 75 days after a revised plan or amendment was

received by him under section 1854(b) of this title, if such plan

or amendment takes effect under paragraph (3)(D) of such section;

or

''(3) within such time as he deems appropriate in the case of a

plan or amendment prepared by him under section 1854(c) or (f)(3)

of this title.''

Subsec. (b). Pub. L. 104-297, Sec. 110(a)(3), added subsec. (b).

Former subsec. (b) redesignated (f).

Subsec. (c). Pub. L. 104-297, Sec. 110(b)(1), inserted ''and

interim measures'' after ''actions'' in heading.

Subsec. (c)(1). Pub. L. 104-297, Sec. 110(b)(2)(C), which

directed insertion of ''or overfishing'' after ''emergency'', was

executed by making the insertion after ''the emergency'' to reflect

the probable intent of Congress.

Pub. L. 104-297, Sec. 110(b)(2)(A), (B), substituted ''or that

interim measures are needed to reduce overfishing for'' for

''involving'' and inserted ''or interim measures'' after

''emergency regulations''.

Subsec. (c)(2). Pub. L. 104-297, Sec. 110(b)(2)(C), which

directed insertion of ''or overfishing'' after ''emergency'', was

executed by making the insertion after ''the emergency'' in

subpars. (A) and (B) to reflect the probable intent of Congress.

Pub. L. 104-297, Sec. 110(b)(2)(A), (B), substituted ''or that

interim measures are needed to reduce overfishing for'' for

''involving'' in introductory provisions and inserted ''or interim

measures'' after ''emergency regulations'' in subpars. (A) and (B).

Subsec. (c)(3). Pub. L. 104-297, Sec. 110(b)(3)(A), inserted ''or

interim measure'' after ''emergency regulation'' in two places in

introductory provisions.

Subsec. (c)(3)(B). Pub. L. 104-297, Sec. 110(b)(3)(B), (D), added

subpar. (B) and struck out former subpar. (B) which read as

follows: ''shall remain in effect for not more than 90 days after

the date of such publication, except that any such regulation may,

by agreement of the Secretary and the Council, be promulgated for

one additional period of not more than 90 days; and''.

Subsec. (c)(3)(C). Pub. L. 104-297, Sec. 110(b)(3)(D), added

subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (c)(3)(D). Pub. L. 104-297, Sec. 110(b)(3)(C),

redesignated subpar. (C) as (D).

Subsec. (e). Pub. L. 104-297, Sec. 110(c), substituted ''12866,

dated September 30, 1993,'' for ''12291, dated February 17, 1981,''

and ''subsections (a), (b), and (c) of section 1854 of this title''

for ''subsection (c) of this section or section 1854(a) and (b) of

this title''.

Subsec. (f). Pub. L. 104-297, Sec. 110(a)(2), redesignated

subsec. (b) as (f).

Subsecs. (g), (h). Pub. L. 104-297, Sec. 110(d), added subsecs.

(g) and (h).

Subsec. (i). Pub. L. 104-297, Sec. 111(a), added subsec. (i).

1990 - Subsec. (a). Pub. L. 101-627, Sec. 110(b)(2),

111(a)(1)(A), redesignated subsec. (c) as (a) and substituted

''section 1854(c) or (f)(3)'' for ''section 1854(c)''.

Subsec. (b). Pub. L. 101-627, Sec. 111(a)(1)(A), (b),

redesignated subsec. (d) as (b) and amended it generally. Prior to

amendment, subsec. (b) read as follows: ''Regulations promulgated

by the Secretary under this chapter shall be subject to judicial

review to the extent authorized by, and in accordance with, chapter

7 of title 5, if a petition for such review is filed within 30 days

after the date on which the regulations are promulgated; except

that (1) section 705 of such title is not applicable, and (2) the

appropriate court shall only set aside any such regulation on a

ground specified in section 706(2)(A), (B), (C), or (D) of such

title.''

Subsecs. (c) to (e), (g), (h). Pub. L. 101-627, Sec. 111(a)(1),

redesignated subsecs. (e), (g), and (h) as (c), (d), and (e),

respectively.

1983 - Subsec. (a). Pub. L. 97-453, Sec. 8(1), struck out subsec.

(a) which had provided that, as soon as practicable after the

Secretary approved pursuant to section 1854(a) and (b) of this

title any fishery management plan or amendment or prepared pursuant

to section 1854(c) of this title any fishery management plan or

amendment, the Secretary was to publish a notice of availability of

such plan or amendment and any regulations which he proposed to

promulgate to implement such plan or amendment in the Federal

Register, and that interested persons were to be afforded a period

of not less than 45 days after such publication within which to

submit in writing data, views, or comments on the plan or

amendment, and on the proposed regulations.

Subsec. (b). Pub. L. 97-453, Sec. 8(1), struck out subsec. (b)

which had provided that the Secretary might schedule a hearing, in

accordance with section 553 of title 5, on any fishery management

plan, any amendment to any such plan, any regulations to implement

any such plan or amendment and that if any such hearing was

scheduled, the Secretary could postpone the effective date of the

regulations proposed to implement such plan or amendment, or take

such other action as he deemed appropriate to preserve the rights

or status of any person, pending its outcome.

Subsec. (c). Pub. L. 97-453, Sec. 8(2), substituted provision

that the Secretary shall promulgate each regulation that is

necessary to carry out a plan or amendment within 110 days after

the plan or amendment was received by him for action under section

1854(a) of this title if such plan or amendment takes effect under

section 1854(b)(1) of this title, within 75 days after a revised

plan or amendment was received by him under section 1854(b) of this

title if such plan or amendment takes effect under paragraph (3)(D)

of such section, or within such time as he deems appropriate in the

case of a plan or amendment prepared by him under section 1854(c)

of this title, for provision that the Secretary promulgate

regulations to implement any fishery management plan or any

amendment to any such plan after consideration of all relevant

matters presented to him during the 45-day period referred to in

former subsection (a) of this section and produced in any hearing

held under former subsection (b) of this section if he found the

plan or amendment consistent with the national standards, the other

provisions of this chapter, and any other applicable law, and that

to the extent practicable, such regulation be put into effect in a

manner not disruptive of the regular fishing season for any

fishery.

Subsec. (e). Pub. L. 97-453, Sec. 8(3), substituted provision

that if the Secretary finds that an emergency exists involving any

fishery, he may promulgate emergency regulations necessary to

address the emergency, without regard to whether a fishery

management plan exists for such fishery, that if a Council finds

that an emergency exists involving any fishery within its

jurisdiction, whether or not a fishery management plan exists for

such fishery, the Secretary shall promulgate emergency regulations

under paragraph (1) to address the emergency if the Council, by

unanimous vote of the members who are voting members, requests the

taking of such action, and the Secretary may promulgate emergency

regulations under paragraph (1) to address the emergency if the

Council, by less than a unanimous vote, requests the taking of such

action, for provision that if the Secretary found that an emergency

involving any fishery resources existed, he could promulgate

emergency regulations, without regard to former subsections (a) and

(c) of this section, to implement any fishery management plan, if

required, or promulgate emergency regulations to amend any

regulation implementing any existing fishery management plan, to

the extent required by such emergency, lengthened from 45 days to

90 days the maximum period that emergency regulations may remain in

effect after publication in the Federal Register and the maximum

additional period for which such regulations may be promulgated,

and inserted a provision that emergency regulations promulgated

under par. (2) may only be terminated early upon the agreement of

the Secretary and the Council concerned.

Subsec. (f). Pub. L. 97-453, Sec. 8(4), struck out subsec. (f)

which had directed the Secretary to report to the Congress and the

President, not later than March 1 of each year, on all activities

of the Councils and the Secretary with respect to fishery

management plans, regulations to implement such plans, and all

other activities relating to the conservation and management of

fishery resources undertaken under this chapter during the

preceding calendar year.

Subsec. (h). Pub. L. 97-453, Sec. 8(5), added subsec. (h).

1980 - Subsec. (a). Pub. L. 96-561 inserted ''a notice of

availability of'' after ''Federal Register (A)''.

-TRANS-

TERMINATION OF ADMINISTRATIVE CONFERENCE OF UNITED STATES

For termination of Administrative Conference of United States,

see provision of title IV of Pub. L. 104-52, set out as a note

preceding section 591 of Title 5, Government Organization and

Employees.

-MISC5-

COMMUNITY DEVELOPMENT QUOTA REPORT

Section 108(h) of Pub. L. 104-297 provided that: ''Not later than

October 1, 1998, the National Academy of Sciences, in consultation

with the Secretary, the North Pacific and Western Pacific Councils,

communities and organizations participating in the program,

participants in affected fisheries, and the affected States, shall

submit to the Secretary of Commerce and Congress a comprehensive

report on the performance and effectiveness of the community

development quota programs under the authority of the North Pacific

and Western Pacific Councils. The report shall -

''(1) evaluate the extent to which such programs have met the

objective of providing communities with the means to develop

ongoing commercial fishing activities;

''(2) evaluate the manner and extent to which such programs

have resulted in the communities and residents -

''(A) receiving employment opportunities in commercial

fishing and processing; and

''(B) obtaining the capital necessary to invest in commercial

fishing, fish processing, and commercial fishing support

projects (including infrastructure to support commercial

fishing);

''(3) evaluate the social and economic conditions in the

participating communities and the extent to which alternative

private sector employment opportunities exist;

''(4) evaluate the economic impacts on participants in the

affected fisheries, taking into account the condition of the

fishery resource, the market, and other relevant factors;

''(5) recommend a proposed schedule for accomplishing the

developmental purposes of community development quotas; and

''(6) address such other matters as the National Academy of

Sciences deems appropriate.''

REGISTRY TRANSITION FOR LIMITED ACCESS SYSTEM PERMITS

Section 110(e) of Pub. L. 104-297, as amended by Pub. L. 104-208,

div. A, title I, Sec. 101(a) (title II, Sec. 211(b)), Sept. 30,

1996, 110 Stat. 3009, 3009-41, provided that: ''Security interests

on permits described under section 305(h)(1) of the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1855(h)(1)), as amended by this Act, that are effective and

perfected by otherwise applicable law on the date of the final

regulations implementing section 305(h) shall remain effective and

perfected if, within 120 days after such date, the secured party

submits evidence satisfactory to the Secretary of Commerce and in

compliance with such regulations of the perfection of such

security.''

WESTERN PACIFIC DEMONSTRATION PROJECTS

Section 111(b) of Pub. L. 104-297, as amended by Pub. L. 104-208,

div. A, title I, Sec. 101(a) (title II, Sec. 211(b)), Sept. 30,

1996, 110 Stat. 3009, 3009-41; Pub. L. 106-554, Sec. 1(a)(4) (div.

B, title I, Sec. 144(g)), Dec. 21, 2000, 114 Stat. 2763, 2763A-250;

Pub. L. 106-555, title II, Sec. 206, Dec. 21, 2000, 114 Stat. 2770,

provided that:

''(1) The Secretary of Commerce and the Secretary of the Interior

are authorized to make direct grants to eligible western Pacific

communities, as recommended by the Western Pacific Fishery

Management Council, for the purpose of establishing not less than

three and not more than five fishery demonstration projects to

foster and promote traditional indigenous fishing practices. There

are authorized to be appropriated to carry out this section

(amending this section and enacting this note) $500,000 for each

fiscal year.

''(2) Demonstration projects funded pursuant to this subsection

shall foster and promote the involvement of western Pacific

communities in western Pacific fisheries and may -

''(A) identify and apply traditional indigenous fishing

practices;

''(B) develop or enhance western Pacific community-based

fishing opportunities; and

''(C) involve research, community education, or the acquisition

of materials and equipment necessary to carry out any such

demonstration project.

''(3)(A) The Western Pacific Fishery Management Council, in

consultation with the Secretary of Commerce, shall establish an

advisory panel under section 302(g) of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1852(g)) to evaluate,

determine the relative merits of, and annually rank applications

for such grants. The panel shall consist of not more than 8

individuals who are knowledgeable or experienced in traditional

indigenous fishery practices of western Pacific communities and who

are not members or employees of the Western Pacific Fishery

Management Council.

''(B) If the Secretary of Commerce or the Secretary of the

Interior awards a grant for a demonstration project not in

accordance with the rank given to such project by the advisory

panel, the Secretary shall provide a detailed written explanation

of the reasons therefor.

''(4) The Western Pacific Fishery Management Council shall, with

the assistance of such advisory panel, submit an annual report to

the Congress assessing the status and progress of demonstration

projects carried out under this subsection.

''(5) Appropriate Federal agencies may provide technical

assistance to western Pacific community-based entities to assist in

carrying out demonstration projects under this subsection.

''(6) For the purposes of this subsection, 'western Pacific

community' shall mean a community eligible to participate under

section 305(i)(2)(B) of the Magnuson-Stevens Fishery Conservation

and Management Act (16 U.S.C. 1855(i)(2)(B)), as amended by this

Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1802, 1821, 1852, 1853,

1854, 5503 of this title.

-CITE-

16 USC Sec. 1856 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1856. State jurisdiction

-STATUTE-

(a) In general

(1) Except as provided in subsection (b) of this section, nothing

in this chapter shall be construed as extending or diminishing the

jurisdiction or authority of any State within its boundaries.

(2) For the purposes of this chapter, except as provided in

subsection (b) of this section, the jurisdiction and authority of a

State shall extend -

(A) to any pocket of waters that is adjacent to the State and

totally enclosed by lines delimiting the territorial sea of the

United States pursuant to the Geneva Convention on the

Territorial Sea and Contiguous Zone or any successor convention

to which the United States is a party;

(B) with respect to the body of water commonly known as

Nantucket Sound, to the pocket of water west of the seventieth

meridian west of Greenwich; and

(C) to the waters of southeastern Alaska (for the purpose of

regulating fishing for other than any species of crab) that are -

(i) north of the line representing the international boundary

at Dixon Entrance and the westward extension of that line; east

of 138 degrees west longitude; and not more than three nautical

miles seaward from the coast, from the lines extending from

headland to headland across all bays, inlets, straits, passes,

sounds, and entrances, and from any island or group of islands,

including the islands of the Alexander Archipelago (except

Forrester Island); or

(ii) between the islands referred to in clause (i) (except

Forrester Island) and the mainland.

(3) A State may regulate a fishing vessel outside the boundaries

of the State in the following circumstances:

(A) The fishing vessel is registered under the law of that

State, and (i) there is no fishery management plan or other

applicable Federal fishing regulations for the fishery in which

the vessel is operating; or (ii) the State's laws and regulations

are consistent with the fishery management plan and applicable

Federal fishing regulations for the fishery in which the vessel

is operating.

(B) The fishery management plan for the fishery in which the

fishing vessel is operating delegates management of the fishery

to a State and the State's laws and regulations are consistent

with such fishery management plan. If at any time the Secretary

determines that a State law or regulation applicable to a fishing

vessel under this circumstance is not consistent with the fishery

management plan, the Secretary shall promptly notify the State

and the appropriate Council of such determination and provide an

opportunity for the State to correct any inconsistencies

identified in the notification. If, after notice and opportunity

for corrective action, the State does not correct the

inconsistencies identified by the Secretary, the authority

granted to the State under this subparagraph shall not apply

until the Secretary and the appropriate Council find that the

State has corrected the inconsistencies. For a fishery for which

there was a fishery management plan in place on August 1, 1996

that did not delegate management of the fishery to a State as of

that date, the authority provided by this subparagraph applies

only if the Council approves the delegation of management of the

fishery to the State by a three-quarters majority vote of the

voting members of the Council.

(C) The fishing vessel is not registered under the law of the

State of Alaska and is operating in a fishery in the exclusive

economic zone off Alaska for which there was no fishery

management plan in place on August 1, 1996, and the Secretary and

the North Pacific Council find that there is a legitimate

interest of the State of Alaska in the conservation and

management of such fishery. The authority provided under this

subparagraph shall terminate when a fishery management plan under

this chapter is approved and implemented for such fishery.

(b) Exception

(1) If the Secretary finds, after notice and an opportunity for a

hearing in accordance with section 554 of title 5, that -

(A) the fishing in a fishery, which is covered by a fishery

management plan implemented under this chapter, is engaged in

predominately within the exclusive economic zone and beyond such

zone; and

(B) any State has taken any action, or omitted to take any

action, the results of which will substantially and adversely

affect the carrying out of such fishery management plan;

the Secretary shall promptly notify such State and the appropriate

Council of such finding and of his intention to regulate the

applicable fishery within the boundaries of such State (other than

its internal waters), pursuant to such fishery management plan and

the regulations promulgated to implement such plan.

(2) If the Secretary, pursuant to this subsection, assumes

responsibility for the regulation of any fishery, the State

involved may at any time thereafter apply to the Secretary for

reinstatement of its authority over such fishery. If the Secretary

finds that the reasons for which he assumed such regulation no

longer prevail, he shall promptly terminate such regulation.

(3) If the State involved requests that a hearing be held

pursuant to paragraph (1), the Secretary shall conduct such hearing

prior to taking any action under paragraph (1).

(c) Exception regarding foreign fish processing in internal waters

(1) A foreign fishing vessel may engage in fish processing within

the internal waters of a State if, and only if -

(A) the vessel is qualified for purposes of this paragraph

pursuant to paragraph (4)(C) or has received a permit under

section 1824(d) of this title;

(B) the owner or operator of the vessel applies to the Governor

of the State for, and (subject to paragraph (2)) is granted,

permission for the vessel to engage in such processing and the

application specifies the species to be processed; and

(C) the owner or operator of the vessel submits reports on the

tonnage of fish received from vessels of the United States and

the locations from which such fish were harvested, in accordance

with such procedures as the Secretary by regulation shall

prescribe.

(2) The Governor of a State may not grant permission for a

foreign fishing vessel to engage in fish processing under paragraph

(1) -

(A) for a fishery which occurs in the waters of more than one

State or in the exclusive economic zone, except after -

(i) consulting with the appropriate Council and Marine

Fisheries Commission, and

(ii) considering any comments received from the Governor of

any other State where the fishery occurs; and

(B) if the Governor determines that fish processors within the

State have adequate capacity, and will utilize such capacity, to

process all of the United States harvested fish from the fishery

concerned that are landed in the State.

(3) Nothing in this subsection may be construed as relieving a

foreign fishing vessel from the duty to comply with all applicable

Federal and State laws while operating within the internal waters

of a State incident to permission obtained under paragraph (1)(B).

(4) For purposes of this subsection -

(A) The term ''fish processing'' includes, in addition to

processing, the performance of any other activity relating to

fishing, including, but not limited to, preparation, supply,

storage, refrigeration, or transportation.

(B) The phrase ''internal waters of a State'' means all waters

within the boundaries of a State except those seaward of the

baseline from which the territorial sea is measured.

(C) A foreign fishing vessel shall be treated as qualified for

purposes of paragraph (1) if the foreign nation under which it is

flagged will be a party to (i) a governing international fishery

agreement or (ii) a treaty described in section 1821(b) of this

title during the time the vessel will engage in the fish

processing for which permission is sought under paragraph (1)(B).

-SOURCE-

(Pub. L. 94-265, title III, Sec. 306, Apr. 13, 1976, 90 Stat. 355;

Pub. L. 97-191, Sec. 1, June 1, 1982, 96 Stat. 107; Pub. L. 97-453,

Sec. 9, Jan. 12, 1983, 96 Stat. 2491; Pub. L. 98-623, title IV,

Sec. 404(4), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 99-659, title I,

Sec. 101(c)(2), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101-627,

title I, Sec. 112, Nov. 28, 1990, 104 Stat. 4453; Pub. L. 104-297,

title I, Sec. 112(a)-(c), Oct. 11, 1996, 110 Stat. 3595, 3596.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(3). Pub. L. 104-297, Sec. 112(a), amended par.

(3) generally. Prior to amendment, par. (3) read as follows:

''Except as otherwise provided by paragraph (2), a State may not

directly or indirectly regulate any fishing vessel outside its

boundaries, unless the vessel is registered under the law of that

State.''

Subsec. (b)(3). Pub. L. 104-297, Sec. 112(b), added par. (3).

Subsec. (c)(1)(A). Pub. L. 104-297, Sec. 112(c)(1), substituted

''(4)(C) or has received a permit under section 1824(d) of this

title;'' for ''(4)(C); and''.

Subsec. (c)(1)(C). Pub. L. 104-297, Sec. 112(c)(2), (3), added

subpar. (C).

1990 - Subsec. (c)(1)(B). Pub. L. 101-627, Sec. 112(1), inserted

before period at end ''and the application specifies the species to

be processed''.

Subsec. (c)(2). Pub. L. 101-627, Sec. 112(2), added par. (2) and

struck out former par. (2) which read as follows: ''The Governor of

a State may not grant permission for a foreign fishing vessel to

engage in fish processing under paragraph (1)(B) if he determines

that fish processors within the State have adequate capacity, and

will utilize such capacity, to process all of the United States

harvested fish from the fishery concerned that are landed in the

State.''

1986 - Subsec. (b)(1)(A). Pub. L. 99-659 substituted ''exclusive

economic zone'' for ''fishery conservation zone''.

1984 - Subsec. (a). Pub. L. 98-623 designated existing provisions

as pars. (1) to (3), in par. (2), as so designated, redesignated

cls. (1) and (2) as subpars. (A) and (B), respectively, and added

subpar. (C), and in par. (3), as so designated, inserted exception

relating to par. (2).

1983 - Subsec. (a). Pub. L. 97-453 inserted provision delineating

the jurisdiction and authority of a State over waters adjacent to

the State and over Nantucket Sound.

1982 - Subsec. (c). Pub. L. 97-191 added subsec. (c).

EFFECTIVE DATE OF 1982 AMENDMENT

Section 3 of Pub. L. 97-191 provided that: ''This Act (amending

this section and section 1857 of this title) shall take effect on

June 1, 1982.''

AUTHORITY OF STATES OF WASHINGTON, OREGON, AND CALIFORNIA TO MANAGE

DUNGENESS CRAB FISHERY

Pub. L. 105-384, title II, Sec. 203, Nov. 13, 1998, 112 Stat.

3453, as amended by Pub. L. 107-77, title VI, Sec. 624, Nov. 28,

2001, 115 Stat. 803, provided that:

''(a) In General. - Subject to the provisions of this section and

notwithstanding section 306(a) of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1856(a)), each of the

States of Washington, Oregon, and California may adopt and enforce

State laws and regulations governing fishing and processing in the

exclusive economic zone adjacent to that State in any Dungeness

crab (Cancer magister) fishery for which there is no fishery

management plan in effect under that Act (16 U.S.C. 1801 et seq.).

''(b) Requirements for State Management. - Any law or regulation

adopted by a State under this section for a Dungeness crab fishery

-

''(1) except as provided in paragraph (2), shall apply equally

to vessels engaged in the fishery in the exclusive economic zone

and vessels engaged in the fishery in the waters of the State,

and without regard to the State that issued the permit under

which a vessel is operating;

''(2) shall not apply to any fishing by a vessel in exercise of

tribal treaty rights except as provided in United States v.

Washington, D.C. No. CV-70-09213, United States District Court

for the Western District of Washington; and

''(3) shall include any provisions necessary to implement

tribal treaty rights pursuant to the decision in United States

v. Washington, D.C. No. CV-70-09213.

''(c) Limitation on Enforcement of State Limited Access Systems.

- Any law of the State of Washington, Oregon, or California that

establishes or implements a limited access system for a Dungeness

crab fishery may not be enforced against a vessel that is otherwise

legally fishing in the exclusive economic zone adjacent to that

State and that is not registered under the laws of that State,

except a law regulating landings.

''(d) State Permit or Treaty Right Required. - No vessel may

harvest or process Dungeness crab in the exclusive economic zone

adjacent to the State of Washington, Oregon, or California, except

as authorized by a permit issued by any of those States or pursuant

to any tribal treaty rights to Dungeness crab pursuant to the

decision in United States v. Washington, D.C. No. CV-70-09213.

''(e) State Authority Otherwise Preserved. - Except as expressly

provided in this section, nothing in this section reduces the

authority of any State under the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1801 et seq.) to

regulate fishing, fish processing, or landing of fish.

''(f) Termination of Authority. - The authority of the States of

Washington, Oregon, and California under this section with respect

to a Dungeness crab fishery shall expire on the effective date of a

fishery management plan for the fishery under the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

''(g) Repeal. - (Repealed section 112(d) of Pub. L. 104-297, see

below.)

''(h) Definitions. - The definitions set forth in section 3 of

the Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1802) shall apply to this section.

''(i) Sunset. - This section shall have no force or effect on and

after September 30, 2006.

''(j) Not later than December 31, 2001, and every 2 years

thereafter, the Pacific State Marine Fisheries Commission shall

submit to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Resources of the House of

Representatives a report on the health and management of the

Dungeness Crab fishery located off the coasts of the States of

Washington, Oregon, and California.''

Pub. L. 104-297, title I, Sec. 112(d), Oct. 11, 1996, 110 Stat.

3596, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(a)

(title II, Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41,

which provided interim authority to the States of Washington,

Oregon, and California to enforce State laws and regulations

governing fish harvesting and processing against any vessel

operating in the exclusive economic zone off each respective State

in a fishery for Dungeness crab (Cancer magister) for which there

is no fishery management plan implemented under this chapter, was

repealed by Pub. L. 105-384, title II, Sec. 203(g), Nov. 13, 1998,

112 Stat. 3454.

FOREIGN FISH PROCESSING IN NORTON SOUND

Pub. L. 99-509, title V, Sec. 5004, Oct. 21, 1986, 100 Stat.

1912, provided that for purposes of processing pink salmon within

the internal waters of the State of Alaska, the geographic area

bounded on the north by a parallel of latitude of 64 degrees, 23

minutes, on the south by a parallel of latitude of 63 degrees, 51

minutes, on the east by the baseline from which the territorial sea

was measured, and on the west by the outer limit of the territorial

sea, was to be considered to be internal waters of the State of

Alaska for the purposes of subsec. (c)(4)(B) of this section until

Sept. 30, 1993.

-EXEC-

TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES

For extension of territorial sea and contiguous zone of United

States, see Proc. No. 5928 and Proc. No. 7219, respectively, set

out as notes under section 1331 of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1857 of this title.

-CITE-

16 USC Sec. 1857 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1857. Prohibited acts

-STATUTE-

It is unlawful -

(1) for any person -

(A) to violate any provision of this chapter or any

regulation or permit issued pursuant to this chapter;

(B) to use any fishing vessel to engage in fishing after the

revocation, or during the period of suspension, of an

applicable permit issued pursuant to this chapter;

(C) to violate any provision of, or regulation under, an

applicable governing international fishery agreement entered

into pursuant to section 1821(c) of this title;

(D) to refuse to permit any officer authorized to enforce the

provisions of this chapter (as provided for in section 1861 of

this title) to board a fishing vessel subject to such person's

control for purposes of conducting any search or inspection in

connection with the enforcement of this chapter or any

regulation, permit, or agreement referred to in subparagraph

(A) or (C);

(E) to forcibly assault, resist, oppose, impede, intimidate,

or interfere with any such authorized officer in the conduct of

any search or inspection described in subparagraph (D);

(F) to resist a lawful arrest for any act prohibited by this

section;

(G) to ship, transport, offer for sale, sell, purchase,

import, export, or have custody, control, or possession of, any

fish taken or retained in violation of this chapter or any

regulation, permit, or agreement referred to in subparagraph

(A) or (C);

(H) to interfere with, delay, or prevent, by any means, the

apprehension or arrest of another person, knowing that such

other person has committed any act prohibited by this section;

(I) to knowingly and willfully submit to a Council, the

Secretary, or the Governor of a State false information

(including, but not limited to, false information regarding the

capacity and extent to which a United States fish processor, on

an annual basis, will process a portion of the optimum yield of

a fishery that will be harvested by fishing vessels of the

United States) regarding any matter that the Council,

Secretary, or Governor is considering in the course of carrying

out this chapter;

(J) to ship, transport, offer for sale, sell, or purchase, in

interstate or foreign commerce, any whole live lobster of the

species Homarus americanus, that -

(i) is smaller than the minimum possession size in effect

at the time under the American Lobster Fishery Management

Plan, as implemented by regulations published in part 649 of

title 50, Code of Federal Regulations, or any successor to

that plan implemented under this subchapter, or in the

absence of any such plan, is smaller than the minimum

possession size in effect at the time under a coastal fishery

management plan for American lobster adopted by the Atlantic

States Marine Fisheries Commission under the Atlantic Coastal

Fisheries Cooperative Management Act (16 U.S.C. 5101 et

seq.);

(ii) is bearing eggs attached to its abdominal appendages;

or

(iii) bears evidence of the forcible removal of extruded

eggs from its abdominal appendages;

(K) to to (FOOTNOTE 1) steal or attempt to steal or to

negligently and without authorization remove, damage, or tamper

with -

(FOOTNOTE 1) So in original.

(i) fishing gear owned by another person, which is located

in the exclusive economic zone, or

(ii) fish contained in such fishing gear;

(L) to forcibly assault, resist, oppose, impede, intimidate,

sexually harass, bribe, or interfere with any observer on a

vessel under this chapter, or any data collector employed by

the National Marine Fisheries Service or under contract to any

person to carry out responsibilities under this chapter;

(M) to engage in large-scale driftnet fishing that is subject

to the jurisdiction of the United States, including use of a

fishing vessel of the United States to engage in such fishing

beyond the exclusive economic zone of any nation;

(N) to strip pollock of its roe and discard the flesh of the

pollock;

(O) to knowingly and willfully fail to disclose, or to

falsely disclose, any financial interest as required under

section 1852(j) of this title, or to knowingly vote on a

Council decision in violation of section 1852(j)(7)(A) of this

title; or

(P)(i) to remove any of the fins of a shark (including the

tail) and discard the carcass of the shark at sea;

(ii) to have custody, control, or possession of any such fin

aboard a fishing vessel without the corresponding carcass; or

(iii) to land any such fin without the corresponding carcass.

For purposes of subparagraph (P) there is a rebuttable

presumption that any shark fins landed from a fishing vessel or

found on board a fishing vessel were taken, held, or landed in

violation of subparagraph (P) if the total weight of shark fins

landed or found on board exceeds 5 percent of the total weight of

shark carcasses landed or found on board.

(2) for any vessel other than a vessel of the United States,

and for the owner or operator of any vessel other than a vessel

of the United States, to engage -

(A) in fishing within the boundaries of any State, except -

(i) recreational fishing permitted under section 1821(i) of

this title;

(ii) fish processing permitted under section 1856(c) of

this title; or

(iii) transshipment at sea of fish or fish products within

the boundaries of any State in accordance with a permit

approved under section 1824(d) of this title;

(B) in fishing, except recreational fishing permitted under

section 1821(i) of this title, within the exclusive economic

zone, or for any anadromous species or Continental Shelf

fishery resources beyond such zone, unless such fishing is

authorized by, and conducted in accordance with, a valid and

applicable permit issued pursuant to section 1824(b), (c), or

(d) of this title; or

(C) except as permitted under section 1856(c) of this title,

in fish processing (as defined in paragraph (4)(A) of such

section) within the internal waters of a State (as defined in

paragraph (4)(B) of such section);

(3) for any vessel of the United States, and for the owner or

operator of any vessel of the United States, to transfer at sea

directly or indirectly, or attempt to so transfer at sea, any

United States harvested fish to any foreign fishing vessel, while

such foreign vessel is within the exclusive economic zone or

within the boundaries of any State except to the extent that the

foreign fishing vessel has been permitted under section 1824(d)

of this title or section 1856(c) of this title to receive such

fish;

(4) for any fishing vessel other than a vessel of the United

States to operate, and for the owner or operator of a fishing

vessel other than a vessel of the United States to operate such

vessel, in the exclusive economic zone or within the boundaries

of any State, if -

(A) all fishing gear on the vessel is not stored below deck

or in an area where it is not normally used, and not readily

available, for fishing; or

(B) all fishing gear on the vessel which is not so stored is

not secured and covered so as to render it unusable for

fishing;

unless such vessel is authorized to engage in fishing in the area

in which the vessel is operating; and

(5) for any vessel of the United States, and for the owner or

operator of any vessel of the United States, to engage in fishing

in the waters of a foreign nation in a manner that violates an

international fishery agreement between that nation and the

United States that has been subject to Congressional oversight in

the manner described in section 1823 of this title, or any

regulations issued to implement such an agreement; except that

the binding provisions of such agreement and implementing

regulations shall have been published in the Federal Register

prior to such violation.

-SOURCE-

(Pub. L. 94-265, title III, Sec. 307, Apr. 13, 1976, 90 Stat. 355;

Pub. L. 95-354, Sec. 5(4), Aug. 28, 1978, 92 Stat. 521; Pub. L.

97-191, Sec. 2, June 1, 1982, 96 Stat. 107; Pub. L. 97-453, Sec.

15(b), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 99-659, title I, Sec.

101(c)(2), 107(a), Nov. 14, 1986, 100 Stat. 3707, 3713; Pub. L.

100-629, Sec. 4, Nov. 7, 1988, 102 Stat. 3286; Pub. L. 101-224,

Sec. 8, Dec. 12, 1989, 103 Stat. 1907; Pub. L. 101-627, title I,

Sec. 113, Nov. 28, 1990, 104 Stat. 4453; Pub. L. 102-251, title

III, Sec. 301(h), Mar. 9, 1992, 106 Stat. 64; Pub. L. 104-297,

title I, Sec. 113, title IV, Sec. 405(b)(1), Oct. 11, 1996, 110

Stat. 3597, 3621; Pub. L. 106-557, Sec. 3, Dec. 21, 2000, 114 Stat.

2772.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 102-251, title III, Sec. 301(h), 308, Mar. 9, 1992, 106

Stat. 64, 66, as amended by Pub. L. 104-297, title IV, Sec.

405(b)(1), Oct. 11, 1996, 110 Stat. 3621, provided that,

effective on the date on which the Agreement between the United

States and the Union of Soviet Socialist Republics on the

Maritime Boundary, signed June 1, 1990, enters into force for the

United States, with authority to prescribe implementing

regulations effective Mar. 9, 1992, but with no such regulation

to be effective until the date on which the Agreement enters into

force for the United States, this section is amended:

(1) in paragraph (1)(K), by inserting ''or special areas''

immediately after ''exclusive economic zone'';

(2) in paragraph (2)(B), by inserting ''or areas'' immediately

after ''such zone'';

(3) in paragraph (3), by inserting ''or special areas''

immediately after ''exclusive economic zone''; and

(4) in paragraph (4), by inserting ''or special areas''

immediately after ''exclusive economic zone''.

-REFTEXT-

REFERENCES IN TEXT

The Atlantic Coastal Fisheries Cooperative Management Act,

referred to in par. (1)(J)(i), is title VIII of Pub. L. 103-206,

Dec. 20, 1993, 107 Stat. 2447, as amended, which is classified

principally to chapter 71 (Sec. 5101 et seq.) of this title. For

complete classification of title VIII to the Code, see Short Title

note set out under section 5101 of this title and Tables.

-MISC2-

AMENDMENTS

2000 - Par. (1). Pub. L. 106-557 added subpar. (P) and concluding

provisions.

1996 - Par. (1)(J)(i). Pub. L. 104-297, Sec. 113(a), substituted

''plan implemented'' for ''plan, implemented'' and inserted before

semicolon at end '', or in the absence of any such plan, is smaller

than the minimum possession size in effect at the time under a

coastal fishery management plan for American lobster adopted by the

Atlantic States Marine Fisheries Commission under the Atlantic

Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 et

seq.)''.

Par. (1)(K). Pub. L. 104-297, Sec. 113(b)(2), substituted

''gear;'' for ''gear,'' at end of cl. (ii) and struck out

concluding provisions which read as follows: ''or to attempt to do

so;''.

Pub. L. 104-297, Sec. 113(b)(1), which directed substitution of

''to steal or attempt to steal or to negligently and without

authorization'' for ''knowingly steal or without authorization,

to'', was executed by making the substitution for ''knowingly

steal, or without authorization, to'' to reflect the probable

intent of Congress.

Par. (1)(L). Pub. L. 104-297, Sec. 113(c), amended subpar. (L)

generally. Prior to amendment, subpar. (L) read as follows: ''to

forcibly assault, resist, oppose, impede, intimidate, or interfere

with any observer on a vessel under this chapter;''.

Par. (1)(O). Pub. L. 104-297, Sec. 113(d), added subpar. (O).

Par. (2)(A). Pub. L. 104-297, Sec. 113(e), amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: ''in

fishing within the boundaries of any State, except recreational

fishing permitted under section 1821(j) of this title;''.

Par. (2)(B). Pub. L. 104-297, Sec. 113(f), substituted

''1821(i)'' for ''1821(j)'' and ''1824(b), (c), or (d)'' for

''1824(b) or (c)''.

Par. (3). Pub. L. 104-297, Sec. 113(g), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''for any

vessel of the United States, and for the owner or operator of any

vessel of the United States, to transfer directly or indirectly, or

attempt to so transfer, any United States harvested fish to any

foreign fishing vessel, while such foreign vessel is within the

exclusive economic zone, unless the foreign fishing vessel has been

issued a permit under section 1824 of this title which authorizes

the receipt by such vessel of United States harvested fish of the

species concerned;''.

Par. (4). Pub. L. 104-297, Sec. 113(h), inserted ''or within the

boundaries of any State'' after ''zone'' in introductory

provisions.

1990 - Par. (1)(K) to (N). Pub. L. 101-627, Sec. 113(a), added

subpars. (K) to (N).

Par. (5). Pub. L. 101-627, Sec. 113(b), added par. (5).

1989 - Par. (1)(J). Pub. L. 101-224 added subpar. (J).

1988 - Par. (4). Pub. L. 100-629 added par. (4).

1986 - Par. (1)(I). Pub. L. 99-659, Sec. 107(a), added subpar.

(I).

Pars. (2)(B), (3). Pub. L. 99-659, Sec. 101(c)(2), substituted

''exclusive economic zone'' for ''fishery conservation zone''.

1983 - Par. (2)(A). Pub. L. 97-453, Sec. 15(b)(A), substituted

''in fishing within the boundaries of any State, except

recreational fishing permitted under section 1821(j) of this

title'' for ''in fishing within the boundaries of any State''.

Par. (2)(B). Pub. L. 97-453, Sec. 15(b)(B), inserted '', except

recreational fishing permitted under section 1821(j) of this

title,'' after ''in fishing''.

1982 - Par. (2). Pub. L. 97-191, Sec. 2(1), struck out ''in

fishing'' in provisions preceding subpar. (A).

Par. (2)(A). Pub. L. 97-191, Sec. 2(2), inserted ''in fishing''

at beginning and struck out ''or'' at end.

Par. (2)(B). Pub. L. 97-191, Sec. 2(3), inserted ''in fishing''

at beginning and substituted ''or'' for ''and'' at end.

Par. (2)(C). Pub. L. 97-191, Sec. 2(4), added subpar. (C).

1978 - Par. (3). Pub. L. 95-354 added par. (3).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement

between United States and Union of Soviet Socialist Republics on

the Maritime Boundary, signed June 1, 1990, enters into force for

United States, with authority to prescribe implementing regulations

effective Mar. 9, 1992, but with no such regulation to be effective

until date on which Agreement enters into force for United States,

see section 308 of Pub. L. 102-251, set out as a note under section

773 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-191 effective June 1, 1982, see section 3

of Pub. L. 97-191, set out as a note under section 1856 of this

title.

EFFECTIVE DATE

Section 312 of Pub. L. 94-265, provided that this section and

sections 1858 to 1861 of this title were to take effect Mar. 1,

1977, prior to the general amendment of section 312 by Pub. L.

104-297, title I, Sec. 116(a), Oct. 11, 1996, 110 Stat. 3600. See

section 1861a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971e, 1821, 1827, 1852,

1853, 1858, 1859, 1860, 1861, 3606, 5103, 5158 of this title.

-CITE-

16 USC Sec. 1858 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1858. Civil penalties and permit sanctions

-STATUTE-

(a) Assessment of penalty

Any person who is found by the Secretary, after notice and an

opportunity for a hearing in accordance with section 554 of title

5, to have committed an act prohibited by section 1857 of this

title shall be liable to the United States for a civil penalty.

The amount of the civil penalty shall not exceed $100,000 for each

violation. Each day of a continuing violation shall constitute a

separate offense. The amount of such civil penalty shall be

assessed by the Secretary, or his designee, by written notice. In

determining the amount of such penalty, the Secretary shall take

into account the nature, circumstances, extent, and gravity of the

prohibited acts committed and, with respect to the violator, the

degree of culpability, any history of prior offenses, and such

other matters as justice may require. In assessing such penalty

the Secretary may also consider any information provided by the

violator relating to the ability of the violator to pay, Provided,

That the information is served on the Secretary at least 30 days

prior to an administrative hearing.

(b) Review of civil penalty

Any person against whom a civil penalty is assessed under

subsection (a) of this section or against whom a permit sanction is

imposed under subsection (g) of this section (other than a permit

suspension for nonpayment of penalty or fine) may obtain review

thereof in the United States district court for the appropriate

district by filing a complaint against the Secretary in such court

within 30 days from the date of such order. The Secretary shall

promptly file in such court a certified copy of the record upon

which such violation was found or such penalty imposed, as provided

in section 2112 of title 28. The findings and order of the

Secretary shall be set aside by such court if they are not found to

be supported by substantial evidence, as provided in section 706(2)

of title 5.

(c) Action upon failure to pay assessment

If any person fails to pay an assessment of a civil penalty after

it has become a final and unappealable order, or after the

appropriate court has entered final judgment in favor of the

Secretary, the Secretary shall refer the matter to the Attorney

General of the United States, who shall recover the amount assessed

in any appropriate district court of the United States. In such

action, the validity and appropriateness of the final order

imposing the civil penalty shall not be subject to review.

(d) In rem jurisdiction

A fishing vessel (including its fishing gear, furniture,

appurtenances, stores, and cargo) used in the commission of an act

prohibited by section 1857 of this title shall be liable in rem for

any civil penalty assessed for such violation under this section

and may be proceeded against in any district court of the United

States having jurisdiction thereof. Such penalty shall constitute

a maritime lien on such vessel which may be recovered in an action

in rem in the district court of the United States having

jurisdiction over the vessel.

(e) Compromise or other action by Secretary

The Secretary may compromise, modify, or remit, with or without

conditions, any civil penalty which is subject to imposition or

which has been imposed under this section.

(f) Subpenas

For the purposes of conducting any hearing under this section,

the Secretary may issue subpenas for the attendance and testimony

of witnesses and the production of relevant papers, books, and

documents, and may administer oaths. Witnesses summoned shall be

paid the same fees and mileage that are paid to witnesses in the

courts of the United States. In case of contempt or refusal to obey

a subpena served upon any person pursuant to this subsection, the

district court of the United States for any district in which such

person is found, resides, or transacts business, upon application

by the United States and after notice to such person, shall have

jurisdiction to issue an order requiring such person to appear and

give testimony before the Secretary or to appear and produce

documents before the Secretary, or both, and any failure to obey

such order of the court may be punished by such court as a contempt

thereof.

(g) Permit sanctions

(1) In any case in which (A) a vessel has been used in the

commission of an act prohibited under section 1857 of this title,

(B) the owner or operator of a vessel or any other person who has

been issued or has applied for a permit under this chapter has

acted in violation of section 1857 of this title, (C) any amount in

settlement of a civil forfeiture imposed on a vessel or other

property, or any civil penalty or criminal fine imposed on a vessel

or owner or operator of a vessel or any other person who has been

issued or has applied for a permit under any marine resource law

enforced by the Secretary has not been paid and is overdue, or (D)

any payment required for observer services provided to or

contracted by an owner or operator who has been issued a permit or

applied for a permit under any marine resource law administered by

the Secretary has not been paid and is overdue, the Secretary may -

(i) revoke any permit issued with respect to such vessel or

person, with or without prejudice to the issuance of subsequent

permits;

(ii) suspend such permit for a period of time considered by the

Secretary to be appropriate;

(iii) deny such permit; or

(iv) impose additional conditions and restrictions on any

permit issued to or applied for by such vessel or person under

this chapter and, with respect to foreign fishing vessels, on the

approved application of the foreign nation involved and on any

permit issued under that application.

(2) In imposing a sanction under this subsection, the Secretary

shall take into account -

(A) the nature, circumstances, extent, and gravity of the

prohibited acts for which the sanction is imposed; and

(B) with respect to the violator, the degree of culpability,

any history of prior offenses, and such other matters as justice

may require.

(3) Transfer of ownership of a vessel, by sale or otherwise,

shall not extinguish any permit sanction that is in effect or is

pending at the time of transfer of ownership. Before executing the

transfer of ownership of a vessel, by sale or otherwise, the owner

shall disclose in writing to the prospective transferee the

existence of any permit sanction that will be in effect or pending

with respect to the vessel at the time of the transfer.

(4) In the case of any permit that is suspended under this

subsection for nonpayment of a civil penalty or criminal fine, the

Secretary shall reinstate the permit upon payment of the penalty or

fine and interest thereon at the prevailing rate.

(5) No sanctions shall be imposed under this subsection unless

there has been a prior opportunity for a hearing on the facts

underlying the violation for which the sanction is imposed, either

in conjunction with a civil penalty proceeding under this section

or otherwise.

-SOURCE-

(Pub. L. 94-265, title III, Sec. 308, Apr. 13, 1976, 90 Stat. 356;

Pub. L. 97-453, Sec. 10, Jan. 12, 1983, 96 Stat. 2491; Pub. L.

99-659, title I, Sec. 108, Nov. 14, 1986, 100 Stat. 3713; Pub. L.

101-627, title I, Sec. 114(a), Nov. 28, 1990, 104 Stat. 4454; Pub.

L. 104-297, title I, Sec. 114(a)-(c), Oct. 11, 1996, 110 Stat.

3598, 3599.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-297, Sec. 114(a), struck out

''ability to pay,'' after ''history of prior offenses,'' and

inserted at end ''In assessing such penalty the Secretary may also

consider any information provided by the violator relating to the

ability of the violator to pay, Provided, That the information is

served on the Secretary at least 30 days prior to an administrative

hearing.''

Subsec. (b). Pub. L. 104-297, Sec. 114(b), amended first sentence

generally. Prior to amendment, first sentence read as follows:

''Any person against whom a civil penalty is assessed under

subsection (a) of this section may obtain review thereof in the

United States district court for the appropriate district by filing

a complaint in such court within 30 days from the date of such

order and by simultaneously serving a copy of such complaint by

certified mail on the Secretary, the Attorney General and the

appropriate United States Attorney.''

Subsec. (g)(1). Pub. L. 104-297, Sec. 114(c), substituted ''(C)

any amount in settlement of a civil forfeiture imposed on a vessel

or other property, or any civil penalty or criminal fine imposed on

a vessel or owner or operator of a vessel or any other person who

has been issued or has applied for a permit under any marine

resource law enforced by the Secretary has not been paid and is

overdue, or (D) any payment required for observer services provided

to or contracted by an owner or operator who has been issued a

permit or applied for a permit under any marine resource law

administered by the Secretary has not been paid and is overdue,''

for ''or (C) any civil penalty or criminal fine imposed on a vessel

or owner or operator of a vessel or any other person who has been

issued or has applied for a permit under any fishery resource law

statute enforced by the Secretary has not been paid and is

overdue,''.

1990 - Pub. L. 101-627, Sec. 114(a)(1), inserted ''and permit

sanctions'' after ''penalties'' in section catchline.

Subsec. (a). Pub. L. 101-627, Sec. 114(a)(2), substituted

''$100,000'' for ''$25,000''.

Subsec. (g). Pub. L. 101-627, Sec. 114(a)(3), added subsec. (g).

1986 - Subsec. (b). Pub. L. 99-659, Sec. 108(1), amended first

sentence generally. Prior to amendment, the sentence read as

follows: ''Any person against whom a civil penalty is assessed

under subsection (a) of this section may obtain review thereof in

the appropriate court of the United States by filing a notice of

appeal in such court within 30 days from the date of such order and

by simultaneously sending a copy of such notice by certified mail

to the Secretary''.

Subsecs. (d) to (f). Pub. L. 99-659, Sec. 108(2), (3), added

subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and

(f), respectively.

1983 - Subsec. (e). Pub. L. 97-453 added subsec. (e).

EFFECTIVE DATE

Section effective Mar. 1, 1977, see section 312 of Pub. L.

94-265, formerly set out as a note under section 1857 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971e, 1827, 1853, 3606,

3637, 5103, 5106, 5107a, 5154, 5158, 5606 of this title; title 46

App. section 1273a.

-CITE-

16 USC Sec. 1859 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1859. Criminal offenses

-STATUTE-

(a) Offenses

A person is guilty of an offense if he commits any act prohibited

by -

(1) section 1857(1)(D), (E), (F), (H), (I), or (L) of this

title; or

(2) section 1857(2) of this title.

(b) Punishment

Any offense described in subsection (a)(1) of this section is

punishable by a fine of not more than $100,000, or imprisonment for

not more than 6 months, or both; except that if in the commission

of any such offense the person uses a dangerous weapon, engages in

conduct that causes bodily injury to any observer described in

section 1857(1)(L) of this title or any officer authorized to

enforce the provisions of this chapter (as provided for in section

1861 of this title), or places any such observer or officer in fear

of imminent bodily injury, the offense is punishable by a fine of

not more than $200,000, or imprisonment for not more than 10 years,

or both. Any offense described in subsection (a)(2) of this

section is punishable by a fine of not more than $200,000.

(c) Jurisdiction

There is Federal jurisdiction over any offense described in this

section.

-SOURCE-

(Pub. L. 94-265, title III, Sec. 309, Apr. 13, 1976, 90 Stat. 357;

Pub. L. 97-453, Sec. 11(a), Jan. 12, 1983, 96 Stat. 2491; Pub. L.

99-659, title I, Sec. 107(b), Nov. 14, 1986, 100 Stat. 3713; Pub.

L. 100-66, Sec. 2, July 10, 1987, 101 Stat. 384; Pub. L. 101-627,

title I, Sec. 115, Nov. 28, 1990, 104 Stat. 4455.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-627, Sec. 115(a), amended par.

(1) generally, substituting ''(I), or (L)'' for ''or (I)''.

Subsec. (b). Pub. L. 101-627, Sec. 115(b), substituted

''$100,000'' for ''$50,000'', substituted ''$200,000'' for

''$100,000'' in two places, and inserted ''any observer described

in section 1857(1)(L) of this title or'' after ''injury to'' and

''observer or'' before ''officer in fear''.

1987 - Subsec. (a)(1). Pub. L. 100-66 substituted ''(I)'' for

''(J)''.

1986 - Subsec. (a)(1). Pub. L. 99-659 substituted ''(H), or (J)''

for ''or (H)''.

1983 - Subsec. (b). Pub. L. 97-453 struck out '', or imprisonment

for not more than 1 year, or both'' after ''subsection (a)(2) of

this section is punishable by a fine of not more than $100,000''.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 11(b) of Pub. L. 97-453 provided that: ''The amendment

made by subsection (a) (amending this section) applies with respect

to offenses committed under section 309 (this section) on or after

the date of the enactment of this Act (Jan. 12, 1983).''

EFFECTIVE DATE

Section effective Mar. 1, 1977, see section 312 of Pub. L.

94-265, formerly set out as a note under section 1857 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1853, 3606, 3637, 5103,

5106, 5158, 5606 of this title; title 46 App. section 1273a.

-CITE-

16 USC Sec. 1860 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1860. Civil forfeitures

-STATUTE-

(a) In general

Any fishing vessel (including its fishing gear, furniture,

appurtenances, stores, and cargo) used, and any fish (or the fair

market value thereof) taken or retained, in any manner, in

connection with or as a result of the commission of any act

prohibited by section 1857 of this title (other than any act for

which the issuance of a citation under section 1861(c) of this

title is sufficient sanction) shall be subject to forfeiture to the

United States. All or part of such vessel may, and all such fish

(or the fair market value thereof) shall, be forfeited to the

United States pursuant to a civil proceeding under this section.

(b) Jurisdiction of district courts

Any district court of the United States which has jurisdiction

under section 1861(d) of this title shall have jurisdiction, upon

application by the Attorney General on behalf of the United States,

to order any forfeiture authorized under subsection (a) of this

section and any action provided for under subsection (d) of this

section.

(c) Judgment

If a judgment is entered for the United States in a civil

forfeiture proceeding under this section, the Attorney General may

seize any property or other interest declared forfeited to the

United States, which has not previously been seized pursuant to

this chapter or for which security has not previously been obtained

under subsection (d) of this section. The provisions of the

customs laws relating to -

(1) the seizure, forfeiture, and condemnation of property for

violation of the customs law;

(2) the disposition of such property or the proceeds from the

sale thereof; and

(3) the remission or mitigation of any such forfeiture;

shall apply to seizures and forfeitures incurred, or alleged to

have been incurred, under the provisions of this chapter, unless

such provisions are inconsistent with the purposes, policy, and

provisions of this chapter. The duties and powers imposed upon the

Commissioner of Customs or other persons under such provisions

shall, with respect to this chapter, be performed by officers or

other persons designated for such purpose by the Secretary.

(d) Procedure

(1) Any officer authorized to serve any process in rem which is

issued by a court having jurisdiction under section 1861(d) shall -

(A) stay the execution of such process; or

(B) discharge any fish seized pursuant to such process;

upon the receipt of a satisfactory bond or other security from any

person claiming such property. Such bond or other security shall

be conditioned upon such person (i) delivering such property to the

appropriate court upon order thereof, without any impairment of its

value, or (ii) paying the monetary value of such property pursuant

to an order of such court. Judgment shall be recoverable on such

bond or other security against both the principal and any sureties

in the event that any condition thereof is breached, as determined

by such court. Nothing in this paragraph may be construed to

require the Secretary, except in the Secretary's discretion or

pursuant to the order of a court under section 1861(d) of this

title, to release on bond any seized fish or other property or the

proceeds from the sale thereof.

(2) Any fish seized pursuant to this chapter may be sold, subject

to the approval and direction of the appropriate court, for not

less than the fair market value thereof. The proceeds of any such

sale shall be deposited with such court pending the disposition of

the matter involved.

(e) Rebuttable presumptions

(1) For purposes of this section, it shall be a rebuttable

presumption that all fish found on board a fishing vessel which is

seized in connection with an act prohibited by section 1857 of this

title were taken or retained in violation of this chapter.

(2) For purposes of this chapter, it shall be a rebuttable

presumption that any fish of a species which spawns in fresh or

estuarine waters and migrates to ocean waters that is found on

board a vessel is of United States origin if the vessel is within

the migratory range of the species during that part of the year to

which the migratory range applies.

(3) For purposes of this chapter, it shall be a rebuttable

presumption that any vessel that is shoreward of the outer boundary

of the exclusive economic zone of the United States or beyond the

exclusive economic zone of any nation, and that has gear on board

that is capable of use for large-scale driftnet fishing, is engaged

in such fishing.

-SOURCE-

(Pub. L. 94-265, title III, Sec. 310, Apr. 13, 1976, 90 Stat. 357;

Pub. L. 97-453, Sec. 12, Jan. 12, 1983, 96 Stat. 2491; Pub. L.

99-659, title I, Sec. 109(a), Nov. 14, 1986, 100 Stat. 3714; Pub.

L. 101-627, title I, Sec. 116, Nov. 28, 1990, 104 Stat. 4456; Pub.

L. 104-297, title I, Sec. 114(d), Oct. 11, 1996, 110 Stat. 3599.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (c), are classified

generally to Title 19, Customs Duties.

-MISC2-

AMENDMENTS

1996 - Subsec. (e)(3). Pub. L. 104-297 added par. (3).

1990 - Subsec. (e). Pub. L. 101-627 designated existing

provisions as par. (1) and and added par. (2).

1986 - Subsec. (c). Pub. L. 99-659, Sec. 109(a)(1), amended

second sentence generally. Prior to amendment, second sentence of

subsec. (c) read as follows: ''The provisions of the customs laws

relating to -

''(1) the disposition of forfeited property,

''(2) the proceeds from the sale of forfeited property,

''(3) the remission or mitigation of forfeitures, and

''(4) the compromise of claims,

shall apply to any forfeiture ordered, and to any case in which

forfeiture is alleged to be authorized, under this section, unless

such provisions are inconsistent with the purposes, policy, and

provisions of this chapter.''

Subsec. (d)(1). Pub. L. 99-659, Sec. 109(a)(2), inserted

provision that nothing in this paragraph may be construed to

require the Secretary, except in the Secretary's discretion or

pursuant to the order of a court under section 1861(d) of this

title, to release on bond any seized fish or other property or the

proceeds from the sale thereof.

1983 - Subsec. (a). Pub. L. 97-453 inserted ''(or the fair market

value thereof)'' after ''fish'' wherever appearing.

EFFECTIVE DATE

Section effective Mar. 1, 1977, see section 312 of Pub. L.

94-265, formerly set out as a note under section 1857 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1417, 1861, 3606, 3637,

5103, 5106, 5154, 5158, 5606 of this title.

-CITE-

16 USC Sec. 1861 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1861. Enforcement

-STATUTE-

(a) Responsibility

The provisions of this chapter shall be enforced by the Secretary

and the Secretary of the department in which the Coast Guard is

operating. Such Secretaries may, by agreement, on a reimbursable

basis or otherwise, utilize the personnel, services, equipment

(including aircraft and vessels), and facilities of any other

Federal agency, including all elements of the Department of

Defense, and of any State agency, in the performance of such

duties.

(b) Powers of authorized officers

(1) Any officer who is authorized (by the Secretary, the

Secretary of the department in which the Coast Guard is operating,

or the head of any Federal or State agency which has entered into

an agreement with such Secretaries under subsection (a) of this

section) to enforce the provisions of this chapter may -

(A) with or without a warrant or other process -

(i) arrest any person, if he has reasonable cause to believe

that such person has committed an act prohibited by section

1857 of this title;

(ii) board, and search or inspect, any fishing vessel which

is subject to the provisions of this chapter;

(iii) seize any fishing vessel (together with its fishing

gear, furniture, appurtenances, stores, and cargo) used or

employed in, or with respect to which it reasonably appears

that such vessel was used or employed in, the violation of any

provision of this chapter;

(iv) seize any fish (wherever found) taken or retained in

violation of any provision of this chapter; and

(v) seize any other evidence related to any violation of any

provision of this chapter;

(B) execute any warrant or other process issued by any court of

competent jurisdiction; and

(C) exercise any other lawful authority.

(2) Subject to the direction of the Secretary, a person charged

with law enforcement responsibilities by the Secretary who is

performing a duty related to enforcement of a law regarding

fisheries or other marine resources may make an arrest without a

warrant for an offense against the United States committed in his

presence, or for a felony cognizable under the laws of the United

States, if he has reasonable grounds to believe that the person to

be arrested has committed or is committing a felony. The arrest

authority described in the preceding sentence may be conferred upon

an officer or employee of a State agency, subject to such

conditions and restrictions as are set forth by agreement between

the State agency, the Secretary, and, with respect to enforcement

operations within the exclusive economic zone, the Secretary of the

department in which the Coast Guard is operating.

(c) Issuance of citations

If any officer authorized to enforce the provisions of this

chapter (as provided for in this section) finds that a fishing

vessel is operating or has been operated in violation of any

provision of this chapter, such officer may, in accordance with

regulations issued jointly by the Secretary and the Secretary of

the department in which the Coast Guard is operating, issue a

citation to the owner or operator of such vessel in lieu of

proceeding under subsection (b) of this section. If a permit has

been issued pursuant to this chapter for such vessel, such officer

shall note the issuance of any citation under this subsection,

including the date thereof and the reason therefor, on the permit.

The Secretary shall maintain a record of all citations issued

pursuant to this subsection.

(d) Jurisdiction of courts

The district courts of the United States shall have exclusive

jurisdiction over any case or controversy arising under the

provisions of this chapter. In the case of Guam or any possession

of the United States in the Pacific Ocean, the appropriate court is

the United States District Court for the District of Guam, except

that in the case of American Samoa, the appropriate court is the

United States District Court for the District of Hawaii, and except

that in the case of the Northern Mariana Islands, the appropriate

court is the United States District Court for the District of the

Northern Mariana Islands. Any such court may, at any time -

(1) enter restraining orders or prohibitions;

(2) issue warrants, process in rem, or other process;

(3) prescribe and accept satisfactory bonds or other security;

and

(4) take such other actions as are in the interest of justice.

(e) Payment of storage, care, and other costs

(1) Notwithstanding any other provision of law, the Secretary or

the Secretary of the Treasury may pay from sums received as fines,

penalties, and forfeitures of property for violations of any

provisions of this chapter or of any other marine resource law

enforced by the Secretary, including the Lacey Act Amendments of

1981 (16 U.S.C. 3371 et seq.) -

(A) the reasonable and necessary costs incurred in providing

temporary storage, care, and maintenance of seized fish or other

property pending disposition of any civil or criminal proceeding

alleging a violation of any provision of this chapter or any

other marine resource law enforced by the Secretary with respect

to that fish or other property;

(B) a reward of not less than 20 percent of the penalty

collected or $20,000, whichever is the lesser amount, to any

person who furnishes information which leads to an arrest,

conviction, civil penalty assessment, or forfeiture of property

for any violation of any provision of this chapter or any other

marine resource law enforced by the Secretary;

(C) any expenses directly related to investigations and civil

or criminal enforcement proceedings, including any necessary

expenses for equipment, training, travel, witnesses, and

contracting services directly related to such investigations or

proceedings;

(D) any valid liens or mortgages against any property that has

been forfeited;

(E) claims of parties in interest to property disposed of under

section 1612(b) of title 19, as made applicable by section

1860(c) of this title or by any other marine resource law

enforced by the Secretary, to seizures made by the Secretary, in

amounts determined by the Secretary to be applicable to such

claims at the time of seizure; and

(F) reimbursement to any Federal or State agency, including the

Coast Guard, for services performed, or personnel, equipment, or

facilities utilized, under any agreement with the Secretary

entered into pursuant to subsection (a) of this section, or any

similar agreement authorized by law.

(2) Any person found in an administrative or judicial proceeding

to have violated this chapter or any other marine resource law

enforced by the Secretary shall be liable for the cost incurred in

the sale, storage, care, and maintenance of any fish or other

property lawfully seized in connection with the violation.

(f) Enforcement of Northeast Multispecies Fishery Management Plan

(1) Enforcement agreements

Beginning not later than October 1, 1993, the Secretary shall,

if requested by the Governor of a State represented on the New

England Fishery Management Council, enter into an agreement under

subsection (a) of this section, with each of the States

represented on such Council, that authorizes the marine law

enforcement agency of such State to perform duties of the

Secretary relating to enforcement of the Northeast Multispecies

Fishery Management Plan.

(2) Reimbursement

An agreement with a State under this subsection shall provide,

subject to the availability of appropriations, for reimbursement

of the State for expenses incurred in detection and prosecution

of violations of any fishery management plan approved by the

Secretary.

(3) Coast Guard enforcement working group

(A) Establishment

The Commander of the First Coast Guard District shall

establish an informal fisheries enforcement working group to

improve the overall compliance with and effectiveness of the

regulations issued under the Northeast Multispecies Fishery

Management Plan.

(B) Membership

The working group shall consist of members selected by the

Commander, and shall include -

(i) individuals who are representatives of various fishing

ports located in the States represented on the New England

Fishery Management Council;

(ii) captains of fishing vessels that operate in waters

under the jurisdiction of that Council; and

(iii) other individuals the Commander considers

appropriate.

(C) Non-Federal status of working group members

An individual shall not receive any compensation for, and

shall not be considered to be a Federal employee based on,

membership in the working group.

(D) Meetings

The working group shall meet, at the call of the Commander,

at least 4 times each year. The meetings shall be held at

various major fishing ports in States represented on the New

England Fishery Management Council, as specified by the

Commander.

(4) Use of fines and penalties

Amounts available to the Secretary under this chapter which are

attributable to fines and penalties imposed for violations of the

Northeast Multispecies Fishery Management Plan shall be used by

the Secretary pursuant to this section to enforce that Plan.

(g) Enforcement in Pacific Insular Areas

The Secretary, in consultation with the Governors of the Pacific

Insular Areas and the Western Pacific Council, shall to the extent

practicable support cooperative enforcement agreements between

Federal and Pacific Insular Area authorities.

(h) Definitions

For purposes of this section -

(1) The term ''provisions of this chapter'' includes (A) any

regulation or permit issued pursuant to this chapter, and (B) any

provision of, or regulation issued pursuant to, any international

fishery agreement under which foreign fishing is authorized by

section 1821(b) or (c) of this title, or section 1824(d) of this

title, with respect to fishing subject to the exclusive fishery

management authority of the United States.

(2) The term ''violation of any provision of this chapter''

includes (A) the commission of any act prohibited by section 1857

of this title, and (B) the violation of any regulation, permit,

or agreement referred to in paragraph (1).

-SOURCE-

(Pub. L. 94-265, title III, Sec. 311, Apr. 13, 1976, 90 Stat. 358;

Pub. L. 96-470, title II, Sec. 209(e), Oct. 19, 1980, 94 Stat.

2245; Pub. L. 97-453, Sec. 13, 15(c), Jan. 12, 1983, 96 Stat. 2491,

2493; Pub. L. 99-659, title I, Sec. 101(c)(2), 109(b), Nov. 14,

1986, 100 Stat. 3707, 3714; Pub. L. 101-627, title I, Sec. 117,

Nov. 28, 1990, 104 Stat. 4456; Pub. L. 102-251, title III, Sec.

301(i), Mar. 9, 1992, 106 Stat. 64; Pub. L. 102-567, title IX, Sec.

901, Oct. 29, 1992, 106 Stat. 4316; Pub. L. 104-297, title I, Sec.

115, Oct. 11, 1996, 110 Stat. 3599.)

-STATAMEND-

AMENDMENT OF SUBSECTION (B)(2)

Pub. L. 102-251, title III, Sec. 301(i), 308, Mar. 9, 1992, 106

Stat. 64, 66, provided that, effective on the date on which the

Agreement between the United States and the Union of Soviet

Socialist Republics on the Maritime Boundary, signed June 1,

1990, enters into force for the United States, with authority to

prescribe implementing regulations effective Mar. 9, 1992, but

with no such regulation to be effective until the date on which

the Agreement enters into force for the United States, subsection

(b)(2) is amended by inserting ''and special areas,'' after

''exclusive economic zone''.

-REFTEXT-

REFERENCES IN TEXT

The Lacey Act Amendments of 1981, referred to in subsec. (e), is

Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073, as amended, which

enacted chapter 53 (Sec. 3371 et seq.) of this title, amended

section 1540 of this title and section 42 of Title 18, Crimes and

Criminal Procedure, repealed sections 667e and 851 to 856 of this

title and sections 43, 44, 3054, and 3112 of Title 18, and enacted

provisions set out as notes under sections 1540 and 3371 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3371 of this title and

Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-297, Sec. 115(a)(2), inserted '',

and except that in the case of the Northern Mariana Islands, the

appropriate court is the United States District Court for the

District of the Northern Mariana Islands'' after ''District of

Hawaii''.

Pub. L. 104-297, Sec. 115(a)(1), which directed substitution of

''Guam or any'' for ''Guam, any Commonwealth, territory, or'', was

executed by making the substitution for ''Guam, and any

Commonwealth, territory, or'', to reflect the probable intent of

Congress.

Subsec. (e)(1). Pub. L. 104-297, Sec. 115(b)(1), substituted

''marine resource law'' for ''fishery resource law'' in

introductory provisions and in subpars. (A) and (B).

Subsec. (e)(1)(B). Pub. L. 104-297, Sec. 115(b)(2), inserted ''of

not less than 20 percent of the penalty collected or $20,000,

whichever is the lesser amount,'' after ''reward''.

Subsec. (e)(1)(E). Pub. L. 104-297, Sec. 115(b)(3), added subpar.

(E) and struck out former subpar. (E) which read as follows:

''claims of parties in interest to property disposed of under

section 1612(b) of title 19 or under other provisions of the

customs laws, as made applicable by section 1860(c) of this title

to seizures made by the Secretary under this chapter, in amounts

determined by the Secretary to be applicable to such claims at the

time of seizure; and''.

Subsec. (e)(2). Pub. L. 104-297, Sec. 115(c), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''Any

person assessed a civil penalty for, or convicted of, any violation

of this chapter shall be liable for the cost incurred in storage,

care, and maintenance of any fish or other property seized in

connection with the violation.''

Subsec. (g). Pub. L. 104-297, Sec. 115(d), added subsec. (g).

Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 104-297, Sec. 115(d), redesignated subsec.

(g) as (h).

Subsec. (h)(1). Pub. L. 104-297, Sec. 115(e), which directed

amendment of subsec. (i)(1) by substituting ''1821(b) or (c) of

this title, or section 1824(d) of this title,'' for ''1821(b), (c)

of this title,'', was executed by making the substitution for

''1821(b) or (c) of this title'' in subsec. (h)(1) to reflect the

probable intent of Congress because this section does not contain a

subsec. (i).

1992 - Subsecs. (f), (g). Pub. L. 102-567 added subsec. (f) and

redesignated former subsec. (f) as (g).

1990 - Subsec. (e). Pub. L. 101-627 amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows:

''Notwithstanding any other provision of law, after September 30,

1986, the Secretary or the Secretary of the Treasury may pay from

sums received as fines, penalties, or forfeitures of property for

violations of any provision of this chapter -

''(1) the reasonable and necessary costs incurred in providing

temporary storage, care, and maintenance of seized fish or other

property pending disposition of any civil or criminal proceeding

alleging a violation of any provision of this chapter with

respect to that fish or other property; and

''(2) a reward to any person who furnishes information which

leads to an arrest, conviction, civil penalty assessment, or

forfeiture of property for any violation of any provision of this

chapter.

Any person assessed a civil penalty for, or convicted of, any

violation of any provision of this chapter shall be liable for the

cost incurred in storage, care, and maintenance of any fish or

other property seized in connection with the violation concerned.''

1986 - Subsec. (b)(2). Pub. L. 99-659, Sec. 101(c)(2),

substituted ''exclusive economic zone'' for ''fishery conservation

zone''.

Subsecs. (e), (f). Pub. L. 99-659, Sec. 109(b), added subsec. (e)

and redesignated former subsec. (e) as (f).

1983 - Subsec. (a). Pub. L. 97-453, Sec. 15(c), struck out

provision that the Secretaries were to report annually on June 30,

to each committee of the Congress listed in section 1823(b) of this

title and to the Councils, on the degree and extent of known and

estimated compliance with the provisions of this chapter during the

preceding calendar year.

Subsec. (b)(1). Pub. L. 97-453, Sec. 13(1), designated existing

provisions as par. (1).

Subsec. (b)(1)(A). Pub. L. 97-453, Sec. 13(2), (3), redesignated

former par. (1) as subpar. (A) and, in subpar. (A) as redesignated,

redesignated former subpars. (A) to (E) as cls. (i) to (v),

respectively.

Subsec. (b)(1)(B), (C). Pub. L. 97-453, Sec. 13(2), redesignated

former pars. (2) and (3) as subpars. (B) and (C), respectively.

Subsec. (b)(2). Pub. L. 97-453, Sec. 13(4), added par. (2).

1980 - Subsec. (a). Pub. L. 96-470 substituted ''annually on June

30'' for ''semiannually'' and inserted ''during the preceding

calendar year'' after ''with the provisions of this chapter''.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement

between United States and Union of Soviet Socialist Republics on

the Maritime Boundary, signed June 1, 1990, enters into force for

United States, with authority to prescribe implementing regulations

effective Mar. 9, 1992, but with no such regulation to be effective

until date on which Agreement enters into force for United States,

see section 308 of Pub. L. 102-251, set out as a note under section

773 of this title.

EFFECTIVE DATE

Section effective Mar. 1, 1977, see section 312 of Pub. L.

94-265, formerly set out as a note under section 1857 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

AGREEMENT TO MAKE MORE EFFECTIVE ENFORCEMENT OF DOMESTIC LAWS AND

INTERNATIONAL AGREEMENTS

Pub. L. 102-582, title II, Sec. 202, Nov. 2, 1992, 106 Stat.

4905, provided that not later than six months after Nov. 2, 1992,

the Secretary of the department in which the Coast Guard is

operating, the Secretary of Commerce, and the Secretary of Defense

were to enter into an agreement under subsec. (a) of this section

to make more effective the enforcement of domestic laws and

international agreements that conserve and manage living marine

resources of the United States.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1821, 1824, 1857, 1859,

1860, 3607, 3637, 5103, 5106, 5154, 5158, 5606 of this title.

-CITE-

16 USC Sec. 1861a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1861a. Transition to sustainable fisheries

-STATUTE-

(a) Fisheries disaster relief

(1) At the discretion of the Secretary or at the request of the

Governor of an affected State or a fishing community, the Secretary

shall determine whether there is a commercial fishery failure due

to a fishery resource disaster as a result of -

(A) natural causes;

(B) man-made causes beyond the control of fishery managers to

mitigate through conservation and management measures; or

(C) undetermined causes.

(2) Upon the determination under paragraph (1) that there is a

commercial fishery failure, the Secretary is authorized to make

sums available to be used by the affected State, fishing community,

or by the Secretary in cooperation with the affected State or

fishing community for assessing the economic and social effects of

the commercial fishery failure, or any activity that the Secretary

determines is appropriate to restore the fishery or prevent a

similar failure in the future and to assist a fishing community

affected by such failure. Before making funds available for an

activity authorized under this section, the Secretary shall make a

determination that such activity will not expand the size or scope

of the commercial fishery failure in that fishery or into other

fisheries or other geographic regions.

(3) The Federal share of the cost of any activity carried out

under the authority of this subsection shall not exceed 75 percent

of the cost of that activity.

(4) There are authorized to be appropriated to the Secretary such

sums as are necessary for each of the fiscal years 1996, 1997,

1998, and 1999.

(b) Fishing capacity reduction program

(1) The Secretary, at the request of the appropriate Council for

fisheries under the authority of such Council, or the Governor of a

State for fisheries under State authority, may conduct a fishing

capacity reduction program (referred to in this section as the

''program'') in a fishery if the Secretary determines that the

program -

(A) is necessary to prevent or end overfishing, rebuild stocks

of fish, or achieve measurable and significant improvements in

the conservation and management of the fishery;

(B) is consistent with the Federal or State fishery management

plan or program in effect for such fishery, as appropriate, and

that the fishery management plan -

(i) will prevent the replacement of fishing capacity removed

by the program through a moratorium on new entrants,

restrictions on vessel upgrades, and other effort control

measures, taking into account the full potential fishing

capacity of the fleet; and

(ii) establishes a specified or target total allowable catch

or other measures that trigger closure of the fishery or

adjustments to reduce catch; and

(C) is cost-effective and capable of repaying any debt

obligation incurred under section 1279f (FOOTNOTE 1) of title 46,

Appendix.

(FOOTNOTE 1) See References in Text note below.

(2) The objective of the program shall be to obtain the maximum

sustained reduction in fishing capacity at the least cost and in a

minimum period of time. To achieve that objective, the Secretary

is authorized to pay -

(A) the owner of a fishing vessel, if such vessel is (i)

scrapped, or (ii) through the Secretary of the department in

which the Coast Guard is operating, subjected to title

restrictions that permanently prohibit and effectively prevent

its use in fishing, and if the permit authorizing the

participation of the vessel in the fishery is surrendered for

permanent revocation and the owner relinquishes any claim

associated with the vessel and permit that could qualify such

owner for any present or future limited access system permit in

the fishery for which the program is established; or

(B) the holder of a permit authorizing participation in the

fishery, if such permit is surrendered for permanent revocation,

and such holder relinquishes any claim associated with the permit

and vessel used to harvest fishery resources under the permit

that could qualify such holder for any present or future limited

access system permit in the fishery for which the program was

established.

(3) Participation in the program shall be voluntary, but the

Secretary shall ensure compliance by all who do participate.

(4) The Secretary shall consult, as appropriate, with Councils,

Federal agencies, State and regional authorities, affected fishing

communities, participants in the fishery, conservation

organizations, and other interested parties throughout the

development and implementation of any program under this section.

(c) Program funding

(1) The program may be funded by any combination of amounts -

(A) available under clause (iv) of section 713c-3(b)(1)(A) of

title 15;

(B) appropriated for the purposes of this section;

(C) provided by an industry fee system established under

subsection (d) of this section and in accordance with section

1279f (FOOTNOTE 1) of title 46, Appendix; or

(D) provided from any State or other public sources or private

or non-profit organizations.

(2) All funds for the program, including any fees established

under subsection (d) of this section, shall be paid into the

fishing capacity reduction fund established under section 1279f

(FOOTNOTE 1) of title 46, Appendix.

(d) Industry fee system

(1)(A) If an industry fee system is necessary to fund the

program, the Secretary, at the request of the appropriate Council,

may conduct a referendum on such system. Prior to the referendum,

the Secretary, in consultation with the Council, shall -

(i) identify, to the extent practicable, and notify all permit

or vessel owners who would be affected by the program; and

(ii) make available to such owners information about the

industry fee system describing the schedule, procedures, and

eligibility requirements for the referendum, the proposed

program, and the amount and duration and any other terms and

conditions of the proposed fee system.

(B) The industry fee system shall be considered approved if the

referendum votes which are cast in favor of the proposed system

constitute a two-thirds majority of the participants voting.

(2) Notwithstanding section 1854(d) of this title and consistent

with an approved industry fee system, the Secretary is authorized

to establish such a system to fund the program and repay debt

obligations incurred pursuant to section 1279f (FOOTNOTE 1) of

title 46, Appendix. The fees for a program established under this

section shall -

(A) be determined by the Secretary and adjusted from time to

time as the Secretary considers necessary to ensure the

availability of sufficient funds to repay such debt obligations;

(B) not exceed 5 percent of the ex-vessel value of all fish

harvested from the fishery for which the program is established;

(C) be deducted by the first ex-vessel fish purchaser from the

proceeds otherwise payable to the seller and accounted for and

forwarded by such fish purchasers to the Secretary in such manner

as the Secretary may establish; and

(D) be in effect only until such time as the debt obligation

has been fully paid.

(e) Implementation plan

(1) The Secretary, in consultation with the appropriate Council

or State and other interested parties, shall prepare and publish in

the Federal Register for a 60-day public comment period an

implementation plan, including proposed regulations, for each

program. The implementation plan shall -

(A) define criteria for determining types and numbers of

vessels which are eligible for participation in the program

taking into account characteristics of the fishery, the

requirements of applicable fishery management plans, the needs of

fishing communities, and the need to minimize program costs; and

(B) establish procedures for program participation (such as

submission of owner bid under an auction system or fair

market-value assessment) including any terms and conditions for

participation which the Secretary deems to be reasonably

necessary to meet the goals of the program.

(2) During the 60-day public comment period -

(A) the Secretary shall conduct a public hearing in each State

affected by the program; and

(B) the appropriate Council or State shall submit its comments

and recommendations, if any, regarding the plan and regulations.

(3) Within 45 days after the close of the public comment period,

the Secretary, in consultation with the appropriate Council or

State, shall analyze the public comment received and publish in the

Federal Register a final implementation plan for the program and

regulations for its implementation. The Secretary may not adopt a

final implementation plan involving industry fees or debt

obligation unless an industry fee system has been approved by a

referendum under this section.

-SOURCE-

(Pub. L. 94-265, title III, Sec. 312, as added Pub. L. 104-297,

title I, Sec. 116(a), Oct. 11, 1996, 110 Stat. 3600.)

-REFTEXT-

REFERENCES IN TEXT

Section 1279f of title 46, Appendix, referred to in subsecs.

(b)(1)(C), (c)(1)(C), (2), and (d)(2), was in the original a

reference to section 1111 of title XI of the Merchant Marine Act,

1936, and was translated as meaning the section 1111 of that Act

added by Pub. L. 104-297, Sec. 303(a), to reflect the probable

intent of Congress. Another section 1111 of title XI of the

Merchant Marine Act, 1936, relating to loan guarantees for eligible

vessels, is classified to section 1279d of Title 46, Appendix,

Shipping.

-MISC2-

PRIOR PROVISIONS

A prior section 312 of Pub. L. 94-265, title III, Apr. 13, 1976,

90 Stat. 359, was set out as an Effective Date note under section

1857 of this title, prior to being amended generally by Pub. L.

104-297.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

STUDY OF FEDERAL INVESTMENT IN FISHERIES

Section 116(b) of Pub. L. 104-297, as amended by Pub. L. 104-208,

div. A, title I, Sec. 101(a) (title II, Sec. 211(b)), Sept. 30,

1996, 110 Stat. 3009, 3009-41, provided that: ''The Secretary of

Commerce shall establish a task force comprised of interested

parties to study and report to the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on Resources of

the House of Representatives within 2 years of the date of

enactment of this Act (Oct. 11, 1996) on the role of the Federal

Government in -

''(1) subsidizing the expansion and contraction of fishing

capacity in fishing fleets managed under the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);

and

''(2) otherwise influencing the aggregate capital investments

in fisheries.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 713c-3; title 42

section 3149; title 46 App. section 1279f.

-CITE-

16 USC Sec. 1862 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1862. North Pacific fisheries conservation

-STATUTE-

(a) In general

The North Pacific Council may prepare, in consultation with the

Secretary, a fisheries research plan for all fisheries under the

Council's jurisdiction except salmon fisheries which -

(1) requires that observers be stationed on fishing vessels

engaged in the catching, taking, or harvesting of fish and on

United States fish processors fishing for or processing species

under the jurisdiction of the Council, including the Northern

Pacific halibut fishery, for the purpose of collecting data

necessary for the conservation, management, and scientific

understanding of any fisheries under the Council's jurisdiction;

and

(2) establishes a system of fees to pay for the costs of

implementing the plan.

(b) Standards

(1) Any plan or plan amendment prepared under this section shall

be reasonably calculated to -

(A) gather reliable data, by stationing observers on all or a

statistically reliable sample of the fishing vessels and United

States fish processors included in the plan, necessary for the

conservation, management, and scientific understanding of the

fisheries covered by the plan;

(B) be fair and equitable to all vessels and processors;

(C) be consistent with applicable provisions of law; and

(D) take into consideration the operating requirements of the

fisheries and the safety of observers and fishermen.

(2) Any system of fees established under this section shall -

(A) provide that the total amount of fees collected under this

section not exceed the combined cost of (i) stationing observers

on board fishing vessels and United States fish processors, (ii)

the actual cost of inputting collected data, and (iii)

assessments necessary for a risk-sharing pool implemented under

subsection (e) of this section, less any amount received for such

purpose from another source or from an existing surplus in the

North Pacific Fishery Observer Fund established in subsection (d)

of this section;

(B) be fair and equitable to all participants in the fisheries

under the jurisdiction of the Council, including the Northern

Pacific halibut fishery;

(C) provide that fees collected not be used to pay any costs of

administrative overhead or other costs not directly incurred in

carrying out the plan;

(D) not be used to offset amounts authorized under other

provisions of law;

(E) be expressed as a percentage, not to exceed 2 percent, of

the unprocessed ex-vessel value of fish and shellfish harvested

under the jurisdiction of the Council, including the Northern

Pacific halibut fishery;

(F) be assessed against all fishing vessels and United States

fish processors, including those not required to carry an

observer under the plan, participating in fisheries under the

jurisdiction of the Council, including the Northern Pacific

halibut fishery;

(G) provide that fees collected will be deposited in the North

Pacific Fishery Observer Fund established under subsection (d) of

this section;

(H) provide that fees collected will only be used for

implementing the plan established under this section; and

(I) meet the requirements of section 9701(b) of title 31.

(c) Action by Secretary

(1) Within 60 days after receiving a plan or plan amendment from

the North Pacific Council under this section, the Secretary shall

review such plan or plan amendment and either (A) remand such plan

or plan amendment to the Council with comments if it does not meet

the requirements of this section, or (B) publish in the Federal

Register proposed regulations for implementing such plan or plan

amendment.

(2) During the 60-day public comment period, the Secretary shall

conduct a public hearing in each State represented on the Council

for the purpose of receiving public comments on the proposed

regulations.

(3) Within 45 days of the close of the public comment period, the

Secretary, in consultation with the Council, shall analyze the

public comment received and publish final regulations for

implementing such plan.

(4) If the Secretary remands a plan or plan amendment to the

Council for failure to meet the requirements of this section, the

Council may resubmit such plan or plan amendment at any time after

taking action the Council believes will address the defects

identified by the Secretary. Any plan or plan amendment resubmitted

to the Secretary will be treated as an original plan submitted to

the Secretary under paragraph (1) of this subsection.

(d) Fishery Observer Fund

There is established in the Treasury a North Pacific Fishery

Observer Fund. The Fund shall be available, without appropriation

or fiscal year limitation, only to the Secretary for the purpose of

carrying out the provisions of this section, subject to the

restrictions in subsection (b)(2) of this section. The Fund shall

consist of all monies deposited into it in accordance with this

section. Sums in the Fund that are not currently needed for the

purposes of this section shall be kept on deposit or invested in

obligations of, or guaranteed by, the United States.

(e) Special provisions regarding observers

(1) The Secretary shall review -

(A) the feasibility of establishing a risk sharing pool through

a reasonable fee, subject to the limitations of subsection

(b)(2)(E) of this section, to provide coverage for vessels and

owners against liability from civil suits by observers, and

(B) the availability of comprehensive commercial insurance for

vessel and owner liability against civil suits by observers.

(2) If the Secretary determines that a risk sharing pool is

feasible, the Secretary shall establish such a pool, subject to the

provisions of subsection (b)(2) of this section, unless the

Secretary determines that -

(A) comprehensive commercial insurance is available for all

fishing vessels and United States fish processors required to

have observers under the provisions of this section, and

(B) such comprehensive commercial insurance will provide a

greater measure of coverage at a lower cost to each participant.

(f) Bycatch reduction

In implementing section 1853(a)(11) of this title and this

section, the North Pacific Council shall submit conservation and

management measures to lower, on an annual basis for a period of

not less than four years, the total amount of economic discards

occurring in the fisheries under its jurisdiction.

(g) Bycatch reduction incentives

(1) Notwithstanding section 1854(d) of this title, the North

Pacific Council may submit, and the Secretary may approve,

consistent with the provisions of this chapter, a system of fines

in a fishery to provide incentives to reduce bycatch and bycatch

rates; except that such fines shall not exceed $25,000 per vessel

per season. Any fines collected shall be deposited in the North

Pacific Fishery Observer Fund, and may be made available by the

Secretary to offset costs related to the reduction of bycatch in

the fishery from which such fines were derived, including

conservation and management measures and research, and to the State

of Alaska to offset costs incurred by the State in the fishery from

which such penalties were derived or in fisheries in which the

State is directly involved in management or enforcement and which

are directly affected by the fishery from which such penalties were

derived.

(2)(A) Notwithstanding section 1853(d) of this title, and in

addition to the authority provided in section 1853(b)(10) of this

title, the North Pacific Council may submit, and the Secretary may

approve, conservation and management measures which provide

allocations of regulatory discards to individual fishing vessels as

an incentive to reduce per vessel bycatch and bycatch rates in a

fishery, Provided, That -

(i) such allocations may not be transferred for monetary

consideration and are made only on an annual basis; and

(ii) any such conservation and management measures will meet

the requirements of subsection (h) of this section and will

result in an actual reduction in regulatory discards in the

fishery.

(B) The North Pacific Council may submit restrictions in addition

to the restriction imposed by clause (i) of subparagraph (A) on the

transferability of any such allocations, and the Secretary may

approve such recommendation.

(h) Catch measurement

(1) By June 1, 1997 the North Pacific Council shall submit, and

the Secretary may approve, consistent with the other provisions of

this chapter, conservation and management measures to ensure total

catch measurement in each fishery under the jurisdiction of such

Council. Such measures shall ensure the accurate enumeration, at a

minimum, of target species, economic discards, and regulatory

discards.

(2) To the extent the measures submitted under paragraph (1) do

not require United States fish processors and fish processing

vessels (as defined in chapter 21 of title 46) to weigh fish, the

North Pacific Council and the Secretary shall submit a plan to the

Congress by January 1, 1998, to allow for weighing, including

recommendations to assist such processors and processing vessels in

acquiring necessary equipment, unless the Council determines that

such weighing is not necessary to meet the requirements of this

subsection.

(i) Full retention and utilization

(1) The North Pacific Council shall submit to the Secretary by

October 1, 1998 a report on the advisability of requiring the full

retention by fishing vessels and full utilization by United States

fish processors of economic discards in fisheries under its

jurisdiction if such economic discards, or the mortality of such

economic discards, cannot be avoided. The report shall address the

projected impacts of such requirements on participants in the

fishery and describe any full retention and full utilization

requirements that have been implemented.

(2) The report shall address the advisability of measures to

minimize processing waste, including standards setting minimum

percentages which must be processed for human consumption. For the

purpose of the report, ''processing waste'' means that portion of

any fish which is processed and which could be used for human

consumption or other commercial use, but which is not so used.

-SOURCE-

(Pub. L. 94-265, title III, Sec. 313, as added Pub. L. 101-627,

title I, Sec. 118(a), Nov. 28, 1990, 104 Stat. 4457; amended Pub.

L. 102-582, title IV, Sec. 404, Nov. 2, 1992, 106 Stat. 4909; Pub.

L. 104-297, title I, Sec. 117(a), Oct. 11, 1996, 110 Stat. 3603.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-297, Sec. 117(a)(1), substituted

''conservation'' for ''research plan'' in section catchline.

Subsec. (a). Pub. L. 104-297, Sec. 117(a)(2), substituted ''North

Pacific Council'' for ''North Pacific Fishery Management Council''

in introductory provisions.

Subsecs. (f) to (i). Pub. L. 104-297, Sec. 117(a)(3), added

subsecs. (f) to (i).

1992 - Subsec. (b)(2)(E). Pub. L. 102-582 substituted ''2

percent, of the unprocessed ex-vessel'' for ''one percentum, of

the''.

-CITE-

16 USC Sec. 1863 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-

Sec. 1863. Northwest Atlantic Ocean Fisheries Reinvestment Program

-STATUTE-

(a) Program

(1) Not later than October 1, 1993, the Secretary shall establish

a Northwest Atlantic Ocean Fisheries Reinvestment Program for the

purposes of -

(A) promoting development of commercial fisheries and markets

for underutilized species of the northwest Atlantic Ocean;

(B) developing alternative fishing opportunities for

participants in the New England groundfish fishery;

(C) providing technical support and assistance to United States

fishermen and fish processors to improve the value-added

processing of underutilized species and to make participation in

fisheries for underutilized species of the northwest Atlantic

Ocean economically viable;

(D) creating new economic opportunities through the improved

processing and expanded use of fish waste; and

(E) helping to restore overfished New England groundfish stocks

through aquaculture or hatchery programs.

(2) Consultation. - In establishing and implementing the

Northwest Fisheries Reinvestment Program, the Secretary shall

consult with representatives of the commercial fishing industry,

the seafood processing industry, and the academic community

(including the National Sea Grant Program).

(3) Activities Under Program. - Subject to the availability of

appropriations, the Secretary shall award contracts, grants and

other financial assistance to United States citizens to carry out

the purposes of subsection (FOOTNOTE 1) (1), under the terms and

conditions provided in section 713c-3(c) of title 15, except that,

in making awards under this section for projects involving

participation in fisheries for underutilized species, the Secretary

shall give the highest priority to a person who owns or operates a

fishing vessel permitted under this chapter to participate in the

New England groundfish fishery who agrees to surrender that permit

to the Secretary during the duration of the contract, grant or

other assistance.

(FOOTNOTE 1) So in original. Probably should be ''paragraph''.

(4) Authorization of Appropriations. - There are authorized to be

appropriated $5,000,000 for each of fiscal years 1993 through 1999

to carry out the purposes of this section. For fiscal year 1993 no

more than $1,000,000, and for fiscal year 1994 no more than

$2,000,000, of such funds may be provided from monies made

available under section 713c-3(b) of title 15.

(b) Assistance of other agencies

The Secretary shall actively seek the assistance of other Federal

agencies in the development of fisheries for underutilized species

of the northwest Atlantic Ocean, including, to the extent permitted

by other applicable laws, assistance from the Secretary of

Agriculture in including such underutilized species as agricultural

commodities in the programs of the Foreign Agricultural Service for

which amounts are authorized under the Food, Agriculture,

Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat.

3359).

(c) Management plans for underutilized species

The New England Fishery Management Council, in consultation with

other appropriate Councils, shall develop fishery management plans

as soon as possible for any underutilized species of the northwest

Atlantic Ocean that is not covered under such a plan, in order to

prevent overfishing of that species.

(d) ''Underutilized species'' defined

For purposes of this section, the term ''underutilized species of

the northwest Atlantic Ocean'' means any fish species of the

northwest Atlantic Ocean that is identified, by the Director of the

Northeast Fisheries Center of the National Marine Fisheries

Service, as an underutilized species.

-SOURCE-

(Pub. L. 94-265, title III, Sec. 314, as added Pub. L. 102-567,

title IX, Sec. 902(a), Oct. 29, 1992, 106 Stat. 4317; amended Pub.

L. 104-297, title I, Sec. 117(b), Oct. 11, 1996, 110 Stat. 3604.)

-REFTEXT-

REFERENCES IN TEXT

The Food, Agriculture, Conservation, and Trade Act of 1990,

referred to in subsec. (b), is Pub. L. 101-624, Nov. 28, 1990, 104

Stat. 3359, as amended. For complete classification of this Act to

the Code, see Short Title of 1990 Amendment note set out under

section 1421 of Title 7, Agriculture, and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(4). Pub. L. 104-297 substituted ''1999'' for

''1997''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 713c-3.

-CITE-

16 USC SUBCHAPTER V - FISHERY MONITORING AND RESEARCH 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

.

-HEAD-

SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-CITE-

16 USC Sec. 1881 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-

Sec. 1881. Registration and information management

-STATUTE-

(a) Standardized fishing vessel registration and information

management system

The Secretary shall, in cooperation with the Secretary of the

department in which the Coast Guard is operating, the States, the

Councils, and Marine Fisheries Commissions, develop recommendations

for implementation of a standardized fishing vessel registration

and information management system on a regional basis. The

recommendations shall be developed after consultation with

interested governmental and nongovernmental parties and shall -

(1) be designed to standardize the requirements of vessel

registration and information collection systems required by this

chapter, the Marine Mammal Protection Act (16 U.S.C. 1361 et

seq.), and any other marine resource law implemented by the

Secretary, and, with the permission of a State, any marine

resource law implemented by such State;

(2) integrate information collection programs under existing

fishery management plans into a non-duplicative information

collection and management system;

(3) avoid duplication of existing State, tribal, or Federal

systems and shall utilize, to the maximum extent practicable,

information collected from existing systems;

(4) provide for implementation of the system through

cooperative agreements with appropriate State, regional, or

tribal entities and Marine Fisheries Commissions;

(5) provide for funding (subject to appropriations) to assist

appropriate State, regional, or tribal entities and Marine

Fisheries Commissions in implementation;

(6) establish standardized units of measurement, nomenclature,

and formats for the collection and submission of information;

(7) minimize the paperwork required for vessels registered

under the system;

(8) include all species of fish within the geographic areas of

authority of the Councils and all fishing vessels including

charter fishing vessels, but excluding recreational fishing

vessels;

(9) require United States fish processors, and fish dealers and

other first ex-vessel purchasers of fish that are subject to the

proposed system, to submit information (other than economic

information) which may be necessary to meet the goals of the

proposed system; and

(10) include procedures necessary to ensure -

(A) the confidentiality of information collected under this

section in accordance with section 1881a(b) of this title; and

(B) the timely release or availability to the public of

information collected under this section consistent with

section 1881a(b) of this title.

(b) Fishing vessel registration

The proposed registration system should, at a minimum, obtain the

following information for each fishing vessel -

(1) the name and official number or other identification,

together with the name and address of the owner or operator or

both;

(2) gross tonnage, vessel capacity, type and quantity of

fishing gear, mode of operation (catcher, catcher processor, or

other), and such other pertinent information with respect to

vessel characteristics as the Secretary may require; and

(3) identification (by species, gear type, geographic area of

operations, and season) of the fisheries in which the fishing

vessel participates.

(c) Fishery information

The proposed information management system should, at a minimum,

provide basic fisheries performance information for each fishery,

including -

(1) the number of vessels participating in the fishery

including charter fishing vessels;

(2) the time period in which the fishery occurs;

(3) the approximate geographic location or official reporting

area where the fishery occurs;

(4) a description of fishing gear used in the fishery,

including the amount and type of such gear and the appropriate

unit of fishing effort; and

(5) other information required under subsection (FOOTNOTE 1)

1853(a)(5) of this title or requested by the Council under

section 1881a of this title.

(FOOTNOTE 1) So in original. Probably should be ''section''.

(d) Use of registration

Any registration recommended under this section shall not be

considered a permit for the purposes of this chapter, and the

Secretary may not propose to revoke, suspend, deny, or impose any

other conditions or restrictions on any such registration or the

use of such registration under this chapter.

(e) Public comment

Within one year after October 11, 1996, the Secretary shall

publish in the Federal Register for a 60-day public comment period

a proposal that would provide for implementation of a standardized

fishing vessel registration and information collection system that

meets the requirements of subsections (a) through (c) of this

section. The proposal shall include -

(1) a description of the arrangements of the Secretary for

consultation and cooperation with the department in which the

Coast Guard is operating, the States, the Councils, Marine

Fisheries Commissions, the fishing industry and other interested

parties; and

(2) any proposed regulations or legislation necessary to

implement the proposal.

(f) Congressional transmittal

Within 60 days after the end of the comment period and after

consideration of comments received under subsection (e) of this

section, the Secretary shall transmit to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Resources of the House of Representatives a recommended proposal

for implementation of a national fishing vessel registration system

that includes -

(1) any modifications made after comment and consultation;

(2) a proposed implementation schedule, including a schedule

for the proposed cooperative agreements required under subsection

(a)(4) of this section; and

(3) recommendations for any such additional legislation as the

Secretary considers necessary or desirable to implement the

proposed system.

(g) Report to Congress

Within 15 months after October 11, 1996, the Secretary shall

report to Congress on the need to include recreational fishing

vessels into a national fishing vessel registration and information

collection system. In preparing its report, the Secretary shall

cooperate with the Secretary of the department in which the Coast

Guard is operating, the States, the Councils, and Marine Fisheries

Commissions, and consult with governmental and nongovernmental

parties.

-SOURCE-

(Pub. L. 94-265, title IV, Sec. 401, as added Pub. L. 104-297,

title II, Sec. 202, Oct. 11, 1996, 110 Stat. 3605.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(1) and (d), was in the

original ''this Act'', meaning Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended, 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.

The Marine Mammal Protection Act, referred to in subsec. (a)(1),

probably means the Marine Mammal Protection Act of 1972, Pub. L.

92-522, Oct. 21, 1972, 86 Stat. 1027, as amended, which is

classified generally to chapter 31 (Sec. 1361 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1361 of this title and

Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 1881, Pub. L. 94-265, title IV, Sec. 401, Apr.

13, 1976, 90 Stat. 359, related to authority to amend regulations

to conform to Law of the Sea Treaty, prior to repeal by Pub. L.

99-659, title I, Sec. 110, Nov. 14, 1986, 100 Stat. 3715.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1881c of this title.

-CITE-

16 USC Sec. 1881a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-

Sec. 1881a. Information collection

-STATUTE-

(a) Council requests

If a Council determines that additional information (other than

information that would disclose proprietary or confidential

commercial or financial information regarding fishing operations or

fish processing operations) would be beneficial for developing,

implementing, or revising a fishery management plan or for

determining whether a fishery is in need of management, the Council

may request that the Secretary implement an information collection

program for the fishery which would provide the types of

information (other than information that would disclose proprietary

or confidential commercial or financial information regarding

fishing operations or fish processing operations) specified by the

Council. The Secretary shall undertake such an information

collection program if he determines that the need is justified, and

shall promulgate regulations to implement the program within 60

days after such determination is made. If the Secretary determines

that the need for an information collection program is not

justified, the Secretary shall inform the Council of the reasons

for such determination in writing. The determinations of the

Secretary under this subsection regarding a Council request shall

be made within a reasonable period of time after receipt of that

request.

(b) Confidentiality of information

(1) Any information submitted to the Secretary by any person in

compliance with any requirement under this chapter shall be

confidential and shall not be disclosed, except -

(A) to Federal employees and Council employees who are

responsible for fishery management plan development and

monitoring;

(B) to State or Marine Fisheries Commission employees pursuant

to an agreement with the Secretary that prevents public

disclosure of the identity or business of any person;

(C) when required by court order;

(D) when such information is used to verify catch under an

individual fishing quota program;

(E) that observer information collected in fisheries under the

authority of the North Pacific Council may be released to the

public as specified in a fishery management plan or regulation

for weekly summary bycatch information identified by vessel, and

for haul-specific bycatch information without vessel

identification; or

(F) when the Secretary has obtained written authorization from

the person submitting such information to release such

information to persons for reasons not otherwise provided for in

this subsection, and such release does not violate other

requirements of this chapter.

(2) The Secretary shall, by regulation, prescribe such procedures

as may be necessary to preserve the confidentiality of information

submitted in compliance with any requirement or regulation under

this chapter, except that the Secretary may release or make public

any such information in any aggregate or summary form which does

not directly or indirectly disclose the identity or business of any

person who submits such information. Nothing in this subsection

shall be interpreted or construed to prevent the use for

conservation and management purposes by the Secretary, or with the

approval of the Secretary, the Council, of any information

submitted in compliance with any requirement or regulation under

this chapter or the use, release, or publication of bycatch

information pursuant to paragraph (1)(E).

(c) Restriction on use of certain information

(1) The Secretary shall promulgate regulations to restrict the

use, in civil enforcement or criminal proceedings under this

chapter, the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361

et seq.), and the Endangered Species Act (16 U.S.C. 1531 et seq.),

of information collected by voluntary fishery data collectors,

including sea samplers, while aboard any vessel for conservation

and management purposes if the presence of such a fishery data

collector aboard is not required by any of such chapter or Acts or

regulations thereunder.

(2) The Secretary may not require the submission of a Federal or

State income tax return or statement as a prerequisite for issuance

of a permit until such time as the Secretary has promulgated

regulations to ensure the confidentiality of information contained

in such return or statement, to limit the information submitted to

that necessary to achieve a demonstrated conservation and

management purpose, and to provide appropriate penalties for

violation of such regulations.

(d) Contracting authority

Notwithstanding any other provision of law, the Secretary may

provide a grant, contract, or other financial assistance on a

sole-source basis to a State, Council, or Marine Fisheries

Commission for the purpose of carrying out information collection

or other programs if -

(1) the recipient of such a grant, contract, or other financial

assistance is specified by statute to be, or has customarily

been, such State, Council, or Marine Fisheries Commission; or

(2) the Secretary has entered into a cooperative agreement with

such State, Council, or Marine Fisheries Commission.

(e) Resource assessments

(1) The Secretary may use the private sector to provide vessels,

equipment, and services necessary to survey the fishery resources

of the United States when the arrangement will yield statistically

reliable results.

(2) The Secretary, in consultation with the appropriate Council

and the fishing industry -

(A) may structure competitive solicitations under paragraph (1)

so as to compensate a contractor for a fishery resources survey

by allowing the contractor to retain for sale fish harvested

during the survey voyage;

(B) in the case of a survey during which the quantity or

quality of fish harvested is not expected to be adequately

compensatory, may structure those solicitations so as to provide

that compensation by permitting the contractor to harvest on a

subsequent voyage and retain for sale a portion of the allowable

catch of the surveyed fishery; and

(C) may permit fish harvested during such survey to count

toward a vessel's catch history under a fishery management plan

if such survey was conducted in a manner that precluded a

vessel's participation in a fishery that counted under the plan

for purposes of determining catch history.

(3) The Secretary shall undertake efforts to expand annual

fishery resource assessments in all regions of the Nation.

-SOURCE-

(Pub. L. 94-265, title IV, Sec. 402, as added Pub. L. 104-297,

title II, Sec. 203, Oct. 11, 1996, 110 Stat. 3607.)

-REFTEXT-

REFERENCES IN TEXT

The Marine Mammal Protection Act of 1972, referred to in subsec.

(c)(1), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as

amended, which is classified generally to chapter 31 (Sec. 1361 et

seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1361 of this

title and Tables.

The Endangered Species Act, referred to in subsec. (c)(1),

probably means the Endangered Species Act of 1973, Pub. L. 93-205,

Dec. 28, 1973, 87 Stat. 884, as amended, which is classified

generally to chapter 35 (Sec. 1531 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1531 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 402 of Pub. L. 94-265 repealed former sections

1081 to 1086 and 1091 to 1094 of this title, prior to being amended

generally by Pub. L. 104-297.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1852, 1855, 1881 of this

title.

-CITE-

16 USC Sec. 1881b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-

Sec. 1881b. Observers

-STATUTE-

(a) Guidelines for carrying observers

Within one year after October 11, 1996, the Secretary shall

promulgate regulations, after notice and opportunity for public

comment, for fishing vessels that carry observers. The regulations

shall include guidelines for determining -

(1) when a vessel is not required to carry an observer on board

because the facilities of such vessel for the quartering of an

observer, or for carrying out observer functions, are so

inadequate or unsafe that the health or safety of the observer or

the safe operation of the vessel would be jeopardized; and

(2) actions which vessel owners or operators may reasonably be

required to take to render such facilities adequate and safe.

(b) Training

The Secretary, in cooperation with the appropriate States and the

National Sea Grant College Program, shall -

(1) establish programs to ensure that each observer receives

adequate training in collecting and analyzing the information

necessary for the conservation and management purposes of the

fishery to which such observer is assigned;

(2) require that an observer demonstrate competence in

fisheries science and statistical analysis at a level sufficient

to enable such person to fulfill the responsibilities of the

position;

(3) ensure that an observer has received adequate training in

basic vessel safety; and

(4) make use of university and any appropriate private

nonprofit organization training facilities and resources, where

possible, in carrying out this subsection.

(c) Observer status

An observer on a vessel and under contract to carry out

responsibilities under this chapter or the Marine Mammal Protection

Act of 1972 (16 U.S.C. 1361 et seq.) shall be deemed to be a

Federal employee for the purpose of compensation under the Federal

Employee Compensation Act (5 U.S.C. 8101 et seq.).

-SOURCE-

(Pub. L. 94-265, title IV, Sec. 403, as added Pub. L. 104-297,

title II, Sec. 204, Oct. 11, 1996, 110 Stat. 3609.)

-REFTEXT-

REFERENCES IN TEXT

The Marine Mammal Protection Act of 1972, referred to in subsec.

(c), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended,

which is classified generally to chapter 31 (Sec. 1361 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1361 of this title and

Tables.

The Federal Employee Compensation Act, referred to in subsec.

(c), is act Sept. 7, 1916, ch. 458, 39 Stat. 742, as amended, which

was repealed and the provisions thereof were reenacted as

subchapter I (Sec. 8101 et seq.) of chapter 81 of Title 5,

Government Organization and Employees, by Pub. L. 89-554, Sept. 6,

1966, 80 Stat. 378.

-MISC2-

PRIOR PROVISIONS

A prior section 403 of Pub. L. 94-265 amended sections 1972 and

1973 of Title 22, Foreign Relations and Intercourse, and enacted

provisions formerly set out as notes under sections 1972 and 1973

of Title 22, prior to being amended generally by Pub. L. 104-297.

-CITE-

16 USC Sec. 1881c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-

Sec. 1881c. Fisheries research

-STATUTE-

(a) In general

The Secretary shall initiate and maintain, in cooperation with

the Councils, a comprehensive program of fishery research to carry

out and further the purposes, policy, and provisions of this

chapter. Such program shall be designed to acquire knowledge and

information, including statistics, on fishery conservation and

management and on the economics and social characteristics of the

fisheries.

(b) Strategic plan

Within one year after October 11, 1996, and at least every 3

years thereafter, the Secretary shall develop and publish in the

Federal Register a strategic plan for fisheries research for the 5

years immediately following such publication. The plan shall -

(1) identify and describe a comprehensive program with a

limited number of priority objectives for research in each of the

areas specified in subsection (c) of this section;

(2) indicate goals and timetables for the program described in

paragraph (1);

(3) provide a role for commercial fishermen in such research,

including involvement in field testing;

(4) provide for collection and dissemination, in a timely

manner, of complete and accurate information concerning fishing

activities, catch, effort, stock assessments, and other research

conducted under this section; and

(5) be developed in cooperation with the Councils and affected

States, and provide for coordination with the Councils, affected

States, and other research entities.

(c) Areas of research

Areas of research are as follows:

(1) Research to support fishery conservation and management,

including but not limited to, biological research concerning the

abundance and life history parameters of stocks of fish, the

interdependence of fisheries or stocks of fish, the

identification of essential fish habitat, the impact of pollution

on fish populations, the impact of wetland and estuarine

degradation, and other factors affecting the abundance and

availability of fish.

(2) Conservation engineering research, including the study of

fish behavior and the development and testing of new gear

technology and fishing techniques to minimize bycatch and any

adverse effects on essential fish habitat and promote efficient

harvest of target species.

(3) Research on the fisheries, including the social, cultural,

and economic relationships among fishing vessel owners, crew,

United States fish processors, associated shoreside labor,

seafood markets and fishing communities.

(4) Information management research, including the development

of a fishery information base and an information management

system under section 1881 of this title that will permit the full

use of information in the support of effective fishery

conservation and management.

(d) Public notice

In developing the plan required under subsection (a) of this

section, the Secretary shall consult with relevant Federal, State,

and international agencies, scientific and technical experts, and

other interested persons, public and private, and shall publish a

proposed plan in the Federal Register for the purpose of receiving

public comment on the plan. The Secretary shall ensure that

affected commercial fishermen are actively involved in the

development of the portion of the plan pertaining to conservation

engineering research. Upon final publication in the Federal

Register, the plan shall be submitted by the Secretary to the

Committee on Commerce, Science, and Transportation of the Senate

and the Committee on Resources of the House of Representatives.

-SOURCE-

(Pub. L. 94-265, title IV, Sec. 404, as added Pub. L. 104-297,

title II, Sec. 205, Oct. 11, 1996, 110 Stat. 3609.)

-MISC1-

PRIOR PROVISIONS

A prior section 404 of Pub. L. 94-265, amended section 1362 of

this title and enacted provisions formerly set out as a note under

section 1362 of this title, prior to being amended generally by

Pub. L. 104-297.

STUDY OF CONTRIBUTION OF BYCATCH TO CHARITABLE ORGANIZATIONS

Section 208 of Pub. L. 104-297, as amended by Pub. L. 104-208,

div. A, title I, Sec. 101(a) (title II, Sec. 211(b)), Sept. 30,

1996, 110 Stat. 3009, 3009-41, provided that:

''(a) Study. - The Secretary of Commerce shall conduct a study of

the contribution of bycatch to charitable organizations by

commercial fishermen. The study shall include determinations of -

''(1) the amount of bycatch that is contributed each year to

charitable organizations by commercial fishermen;

''(2) the economic benefits to commercial fishermen from those

contributions; and

''(3) the impact on fisheries of the availability of those

benefits.

''(b) Report. - Not later than 1 year after the date of enactment

of this Act (Oct. 11, 1996), the Secretary of Commerce shall submit

to the Congress a report containing determinations made in the

study under subsection (a).

''(c) Bycatch Defined. - In this section the term 'bycatch' has

the meaning given that term in section 3 of the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1802), as

amended by section 102 of this Act.''

-CITE-

16 USC Sec. 1881d 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-

Sec. 1881d. Incidental harvest research

-STATUTE-

(a) Collection of information

Within nine months after October 11, 1996, the Secretary shall,

after consultation with the Gulf Council and South Atlantic

Council, conclude the collection of information in the program to

assess the impact on fishery resources of incidental harvest by the

shrimp trawl fishery within the authority of such Councils. Within

the same time period, the Secretary 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) of this section

shall provide for the identification of stocks of fish which are

subject to significant incidental harvest in the course of normal

shrimp trawl fishing activity.

(c) Collection and assessment of specific stock information

For stocks of fish identified pursuant to subsection (b) of this

section, with priority given to stocks which (based upon the best

available scientific information) are considered to be overfished,

the Secretary 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 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 mortality and

fishing effort by sources of fishing mortality other than shrimp

trawl fishing activity.

(d) Bycatch reduction program

Not later than 12 months after October 11, 1996, the Secretary

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

operations necessary and appropriate to minimize the incidental

mortality of bycatch in the course of shrimp trawl activity to

the extent practicable, taking into account the level of bycatch

mortality in the fishery on November 28, 1990;

(2) evaluate the ecological impacts and the benefits and costs

of such devices and changes in fishing operations; and

(3) assess whether it is practicable to utilize bycatch which

is not avoidable.

(e) Report to Congress

The Secretary 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

measure implemented under this chapter to reduce the incidental

mortality of bycatch in the course of shrimp trawl fishing shall be

consistent with -

(1) measures applicable to fishing throughout the range in

United States waters of the bycatch species concerned; and

(2) the need to avoid any serious adverse environmental impacts

on such bycatch species or the ecology of the affected area.

-SOURCE-

(Pub. L. 94-265, title IV, Sec. 405, as added Pub. L. 104-297,

title II, Sec. 206, Oct. 11, 1996, 110 Stat. 3611.)

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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.

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16 USC Sec. 1882 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-

Sec. 1882. Fisheries systems research

-STATUTE-

(a) Establishment of panel

Not later than 180 days after October 11, 1996, the Secretary

shall establish an advisory panel under this chapter to develop

recommendations to expand the application of ecosystem principles

in fishery conservation and management activities.

(b) Panel membership

The advisory panel shall consist of not more than 20 individuals

and include -

(1) individuals with expertise in the structures, functions,

and physical and biological characteristics of ecosystems; and

(2) representatives from the Councils, States, fishing

industry, conservation organizations, or others with expertise in

the management of marine resources.

(c) Recommendations

Prior to selecting advisory panel members, the Secretary shall,

with respect to panel members described in subsection (b)(1) of

this section, solicit recommendations from the National Academy of

Sciences.

(d) Report

Within 2 years after October 11, 1996, the Secretary shall submit

to the Congress a completed report of the panel established under

this section, which shall include -

(1) an analysis of the extent to which ecosystem principles are

being applied in fishery conservation and management activities,

including research activities;

(2) proposed actions by the Secretary and by the Congress that

should be undertaken to expand the application of ecosystem

principles in fishery conservation and management; and

(3) such other information as may be appropriate.

(e) Procedural matter

The advisory panel established under this section shall be deemed

an advisory panel under section 1852(g) of this title.

-SOURCE-

(Pub. L. 94-265, title IV, Sec. 406, Apr. 13, 1976, 90 Stat. 361;

Pub. L. 95-354, Sec. 1, Aug. 28, 1978, 92 Stat. 519; Pub. L. 96-61,

Sec. 1, Aug. 15, 1979, 93 Stat. 407; Pub. L. 97-453, Sec. 14(a),

Jan. 12, 1983, 96 Stat. 2492; Pub. L. 99-659, title I, Sec. 111(a),

Nov. 14, 1986, 100 Stat. 3715; Pub. L. 101-627, title I, Sec. 119,

Nov. 28, 1990, 104 Stat. 4459; Pub. L. 104-297, title II, Sec.

207(a), Oct. 11, 1996, 110 Stat. 3612.)

-COD-

CODIFICATION

October 11, 1996, referred to in subsec. (d), was in the original

''the date of enactment of this Act'', which was translated as

meaning the date of enactment of Pub. L. 104-297, which amended

this section generally, to reflect the probable intent of Congress.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-297 amended section catchline and text

generally. Prior to amendment, section authorized appropriations

to carry out this chapter for fiscal year ending June 30, 1976 to

fiscal year ending September 30, 1993.

1990 - Pars. (16) to (19). Pub. L. 101-627 added pars. (16) to

(19).

1986 - Pars. (12) to (15). Pub. L. 99-659 added pars. (12) to

(15).

1983 - Pars. (9) to (11). Pub. L. 97-453 added pars. (9) to (11).

1979 - Pars. (6) to (8). Pub. L. 96-61 added pars. (6) to (8).

1978 - Par. (5). Pub. L. 95-354 added par. (5).

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16 USC Sec. 1883 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-

Sec. 1883. Gulf of Mexico red snapper research

-STATUTE-

(a) Independent peer review

(1) Within 30 days of October 11, 1996, the Secretary shall

initiate an independent peer review to evaluate -

(A) the accuracy and adequacy of fishery statistics used by the

Secretary for the red snapper fishery in the Gulf of Mexico to

account for all commercial, recreational, and charter fishing

harvests and fishing effort on the stock;

(B) the appropriateness of the scientific methods, information,

and models used by the Secretary to assess the status and trends

of the Gulf of Mexico red snapper stock and as the basis for the

fishery management plan for the Gulf of Mexico red snapper

fishery;

(C) the appropriateness and adequacy of the management measures

in the fishery management plan for red snapper in the Gulf of

Mexico for conserving and managing the red snapper fishery under

this chapter; and

(D) the costs and benefits of all reasonable alternatives to an

individual fishing quota program for the red snapper fishery in

the Gulf of Mexico.

(2) The Secretary shall ensure that commercial, recreational, and

charter fishermen in the red snapper fishery 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 concerning the review

of fishery statistics under this subsection without being subject

to penalty under this chapter or other applicable law for any

past violation of a requirement to report such information to the

Secretary.

(3) The Secretary shall submit a detailed written report on the

findings of the peer review conducted under this subsection to the

Gulf Council no later than one year after October 11, 1996.

(b) Prohibition

In addition to the restrictions under section 1853(d)(1)(A) of

this title, the Gulf Council may not, prior to October 1, 2002,

undertake or continue the preparation of any fishery management

plan, plan amendment or regulation under this chapter for the Gulf

of Mexico commercial red snapper fishery that creates an individual

fishing quota 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 may prepare and

submit a fishery management plan, plan amendment, or regulation for

the Gulf of Mexico commercial red snapper fishery that creates an

individual fishing quota 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) and only if the submission

to the Secretary of such plan, amendment, or regulation is approved

in a subsequent referendum conducted under paragraph (2).

(2) The Secretary, at the request of the Gulf Council, shall

conduct referendums under this subsection. Only a person who held

an annual vessel permit with a red snapper endorsement for such

permit on September 1, 1996 (or any person to whom such permit with

such endorsement was transferred after such date) and vessel

captains who harvested red snapper in a commercial fishery using

such endorsement in each red snapper fishing 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 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

between January 1, 1993, and September 1, 1996. Prior to each

referendum, the Secretary, in consultation with the Council, shall

-

(A) identify and notify all such persons holding permits with

red snapper endorsements and all such vessel captains; and

(B) make available to all such persons and vessel captains

information about the schedule, procedures, and eligibility

requirements for the referendum and the proposed individual

fishing quota program.

(d) Catch limits

Any fishery management plan, plan amendment, or regulation

submitted by the Gulf Council for the red snapper fishery after

October 11, 1996, shall contain conservation and management

measures that -

(1) establish separate quotas for recreational fishing (which,

for the purposes of this subsection shall include charter

fishing) and commercial fishing that, when reached, result in a

prohibition on the retention of fish caught during recreational

fishing and commercial fishing, respectively, for the remainder

of the fishing year; and

(2) ensure that such quotas reflect allocations among such

sectors and do not reflect any harvests in excess of such

allocations.

-SOURCE-

(Pub. L. 94-265, title IV, Sec. 407, as added Pub. L. 104-297,

title II, Sec. 207(b), Oct. 11, 1996, 110 Stat. 3612; amended Pub.

L. 106-554, Sec. 1(a)(4) (div. B, title I, Sec. 144(a)(3), (4)),

Dec. 21, 2000, 114 Stat. 2763, 2763A-238.)

-MISC1-

AMENDMENTS

2000 - Subsecs. (b), (c)(1). Pub. L. 106-554 substituted

''October 1, 2002,'' for ''October 1, 2000,''.

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