-CITE-
    16 USC CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT     01/03/2007

-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.                        
    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.                                
    1812.       Highly migratory species.                             
    1813.       Omitted.                                              

        SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY
                                AGREEMENTS
    1821.       Foreign fishing.                                      
    1822.       International fishery agreements.                     
    1823.       Congressional oversight of international fishery
                 agreements.                                          
    1824.       Permits for foreign fishing.                          
    1825.       Import prohibitions.                                  
    1826.       Large-scale driftnet fishing.                         
    1826a.      Denial of port privileges and sanctions for high seas
                 large-scale driftnet fishing.                        
    1826b.      Duration of denial of port privileges and sanctions.  
    1826c.      Definitions.                                          
    1826d.      Prohibition.                                          
    1826e.      Negotiations.                                         
    1826f.      Certification.                                        
    1826g.      Enforcement.                                          
    1826h.      Biennial report on international compliance.          
    1826i.      Action to strengthen international fishery management
                 organizations.                                       
    1826j.      Illegal, unreported, or unregulated fishing.          
    1826k.      Equivalent conservation measures.                     
    1827.       Observer program regarding certain foreign fishing.   
    1828.       Foreign fishing incursions.                           
    1829.       International monitoring and compliance.              

            SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM        
    1851.       National standards for fishery conservation and
                 management.                                          
    1852.       Regional Fishery Management Councils.                 
    1853.       Contents of fishery management plans.                 
    1853a.      Limited access privilege programs.                    
    1854.       Action by Secretary.                                  
    1855.       Other requirements and authority.                     
    1856.       State jurisdiction.                                   
    1857.       Prohibited acts.                                      
    1858.       Civil penalties and permit sanctions.                 
    1859.       Criminal offenses.                                    
    1860.       Civil forfeitures.                                    
    1861.       Enforcement.                                          
    1861a.      Transition to sustainable fisheries.                  
    1861b.      Fisheries enforcement plans and reporting.            
    1862.       North Pacific fisheries conservation.                 
    1863.       Northwest Atlantic Ocean Fisheries Reinvestment
                 Program.                                             
    1864.       Regional coastal disaster assistance, transition, and
                 recovery program.                                    
    1865.       Bycatch reduction engineering program.                
    1866.       Shark feeding.                                        
    1867.       Cooperative research and management program.          
    1868.       Herring study.                                        
    1869.       Restoration study.                                    

              SUBCHAPTER V - FISHERY MONITORING AND RESEARCH          
    1881.       Registration and information management.              
    1881a.      Information collection.                               
    1881b.      Observers.                                            
    1881c.      Fisheries research.                                   
    1881d.      Incidental harvest research.                          
    1882.       Fisheries systems research.                           
    1883.       Gulf of Mexico red snapper research.                  
    1884.       Deep sea coral research and technology program.       

                       SUBCHAPTER VI - MISCELLANEOUS                   
    1891.       Investment in United States seafood processing
                 facilities.                                          
    1891a.      Community-based restoration program for fishery and
                 coastal habitats.                                    
    1891b.      Fisheries Conservation and Management Fund.           
    1891c.      United States catch history.                          
    1891d.      Secretarial representative for international
                 fisheries.                                           

-End-


-CITE-
    16 USC SUBCHAPTER I - GENERALLY                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER I - GENERALLY

-HEAD-
                         SUBCHAPTER I - GENERALLY                     

-End-



-CITE-
    16 USC Sec. 1801                                            01/03/2007

-EXPCITE-
    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.
        (11) A number of the Fishery Management Councils have
      demonstrated significant progress in integrating ecosystem
      considerations in fisheries management using the existing
      authorities provided under this chapter.
        (12) International cooperation is necessary to address illegal,
      unreported, and unregulated fishing and other fishing practices
      which may harm the sustainability of living marine resources and
      disadvantage the United States fishing industry.
    (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; Pub. L. 109-
    479, Sec. 3(a), title IV, Sec. 402, Jan. 12, 2007, 120 Stat. 3577,
    3626.)


-STATAMEND-
                      AMENDMENT OF SUBSECTION (B)(1)                  
      Pub. L. 102-251, title III, Secs. 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. (a)(11), (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.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (a)(11). Pub. L. 109-479, Sec. 3(a), added par.
    (11).
      Subsec. (a)(12). Pub. L. 109-479, Sec. 402, added par. (12).
      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-STEVENS FISHERY CONSERVATION AND MANAGEMENT
        ACT CONSIDERED TO INCLUDE SECTION 401(A) OF PUB. L. 108-219
      References to the Magnuson-Stevens Fishery Conservation and
    Management Act or any provision of that Act considered to be
    references to that Act as it would be in effect if section 401(a)
    of Pub. L. 108-219 were a provision of that Act, see section
    401(c)(1) of Pub. L. 108-219, set out in an Implementation of
    Pacific Albacore Tuna Treaty note under section 1821 of this title.
      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."


-MISC2-
                     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 2007 AMENDMENT                   
      Pub. L. 109-479, Sec. 1(a), Jan. 12, 2007, 120 Stat. 3575,
    provided that: "This Act [enacting chapters 88 and 89 of this
    title, chapter 45 of Title 33, Navigation and Navigable Waters,
    subchapters VI of chapter 31 and of chapter 38 of this title,
    sections 1826h to 1826k, 1829, 1853a, 1864 to 1869, and 1884 of
    this title, amending this section, sections 757d, 773f, 773g, 971a,
    971h, 971i, 1377, 1802, 1803, 1812, 1821, 1824, 1826a, 1826b, 1851
    to 1853, 1854, 1855, 1857, 1861, 1861a, 1862, 1881, 1881a, 1881c,
    1882, 1883, 3645, 4107, 5156, 5610, and 5727 of this title, and
    section 53706 of Title 46, Shipping, enacting provisions set out as
    notes under sections 460ss, 1361, 1853 to 1855, 1861a, 1864, 6901,
    and 7001 of this title and section 3201 of Title 33, and amending
    provisions set out as notes under sections 1822, 1851, 1855, and
    1856 of this title] may be cited as the 'Magnuson-Stevens Fishery
    Conservation and Management Reauthorization Act of 2006'."

                       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.

-End-



-CITE-
    16 USC Sec. 1802                                            01/03/2007

-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 "regional fishery association" means an
      association formed for the mutual benefit of members - 
          (A) to meet social and economic needs in a region or
        subregion; and
          (B) comprised of persons engaging in the harvest or
        processing of fishery resources in that specific region or
        subregion or who otherwise own or operate businesses
        substantially dependent upon a fishery.

        (15) The term "fishery resource" means any fishery, any stock
      of fish, any species of fish, and any habitat of fish.
        (16) 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.
        (17) 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.
        (18) 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.

        (19) The term "foreign fishing" means fishing by a vessel other
      than a vessel of the United States.
        (20) 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.
        (21) The term "highly migratory species" means tuna species,
      marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks,
      sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius).
        (22) The term "import" - 
          (A) means to land on, bring into, or introduce into, or
        attempt to land on, bring into, or introduce into, any place
        subject to the jurisdiction of the United States, whether or
        not such landing, bringing, or introduction constitutes an
        importation within the meaning of the customs laws of the
        United States; but
          (B) does not include any activity described in subparagraph
        (A) with respect to fish caught in the exclusive economic zone
        or by a vessel of the United States.

        (23) 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.
        (24) 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.
        (25) 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.
        (26) The term "limited access privilege" - 
          (A) means a Federal permit, issued as part of a limited
        access system under section 1853a of this title to harvest a
        quantity of fish expressed by a unit or units representing a
        portion of the total allowable catch of the fishery that may be
        received or held for exclusive use by a person; and
          (B) includes an individual fishing quota; but
          (C) does not include community development quotas as
        described in section 1855(i) of this title.

        (27) The term "limited access system" means a system that
      limits participation in a fishery to those satisfying certain
      eligibility criteria or requirements contained in a fishery
      management plan or associated regulation.
        (28) 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.
        (29) 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.
        (30) The term "national standards" means the national standards
      for fishery conservation and management set forth in section 1851
      of this title.
        (31) 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.
        (32) The term "observer information" means any information
      collected, observed, retrieved, or created by an observer or
      electronic monitoring system pursuant to authorization by the
      Secretary, or collected as part of a cooperative research
      initiative, including fish harvest or processing observations,
      fish sampling or weighing data, vessel logbook data, vessel or
      processor-specific information (including any safety, location,
      or operating condition observations), and video, audio,
      photographic, or written documents.
        (33) 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.

        (34) 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.
        (35) 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.
        (36) 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.
        (37) The term "recreational fishing" means fishing for sport or
      pleasure.
        (38) 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.
        (39) The term "Secretary" means the Secretary of Commerce or
      his designee.
        (40) 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.
        (41) (!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.

        (42) The term "stock of fish" means a species, subspecies,
      geographical grouping, or other category of fish capable of
      management as a unit.
        (43) The term "treaty" means any international fishery
      agreement which is a treaty within the meaning of section 2 of
      article II of the Constitution.
        (44) 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.

        (45) The term "United States", when used in a geographical
      context, means all the States thereof.
        (46) 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.
        (47) 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.
        (48) 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.

        (49) The term "vessel subject to the jurisdiction of the United
      States" has the same meaning such term has in section 70502(c) of
      title 46.
        (50) 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, Secs.
    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; Pub. L. 109-479, Sec. 3(b), (c), Jan. 12, 2007, 120
    Stat. 3577, 3578.)

-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.
      Proclamation Numbered 5030, referred to in par. (11), is set out
    under section 1453 of this title.

-COD-
                               CODIFICATION                           
      In par. (49), "section 70502(c) of title 46" substituted for
    "section 3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C.
    App. 1903(c))" on authority of Pub. L. 109-304, Sec. 18(c), Oct. 6,
    2006, 120 Stat. 1709, which Act enacted section 70502 of Title 46,
    Shipping.
      Pub. L. 102-251, Sec. 301(b), which directed amendment of this
    section by adding a new par. (24) defining "special areas" and
    redesignating former pars. (24) to (32) as (25) to (33),
    respectively, was to be 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 United States, but will not be executed, to
    reflect the probable intent of Congress, because the amendments
    would be inconsistent with the amendments by Pub. L. 104-297 which
    added par. (36) (now par. (41)) 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 and section 308 of Pub.
    L. 102-251, set out as an Effective Date of 1992 Amendment note
    under section 773 of this title.


-MISC1-
                                AMENDMENTS                            
      2007 - Pub. L. 109-479 added pars. (13A) defining "regional
    fishery association", (20A) defining "import", (23A) defining
    "limited access privilege", (23B) defining "limited access system",
    and (27A) defining "observer information" and redesignated pars.
    (1) to (45) as (1) to (50), respectively.
      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.


-MISC2-
                     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.

-FOOTNOTE-
    (!1) See Codification note below.


-End-



-CITE-
    16 USC Sec. 1803                                            01/03/2007

-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 to carry
    out the provisions of this chapter - 
        (1) $337,844,000 for fiscal year 2007;
        (2) $347,684,000 for fiscal year 2008;
        (3) $357,524,000 for fiscal year 2009;
        (4) $367,364,000 for fiscal year 2010;
        (5) $377,204,000 for fiscal year 2011;
        (6) $387,044,000 for fiscal year 2012; and
        (7) $396,875,000 for fiscal year 2013.

-SOURCE-
    (Pub. L. 94-265, Sec. 4, as added Pub. L. 104-297, title I, Sec.
    103, Oct. 11, 1996, 110 Stat. 3563; amended Pub. L. 109-479, Sec.
    7, Jan. 12, 2007, 120 Stat. 3579.)

-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.


-MISC1-
                                AMENDMENTS                            
      2007 - Pub. L. 109-479 reenacted section catchline without change
    and amended text generally, substituting provisions authorizing
    appropriations for fiscal years 2007 to 2013 for provisions
    authorizing appropriations for fiscal years 1996 to 1999.

-End-


-CITE-
    16 USC SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY
           REGARDING FISH AND FISHERY RESOURCES            01/03/2007

-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

-End-



-CITE-
    16 USC Sec. 1811                                            01/03/2007

-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, Secs. 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.


-MISC1-
                                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.

-End-



-CITE-
    16 USC Sec. 1812                                            01/03/2007

-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-
    (a) In general
      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.
    (b) Traditional participation
      In managing any fisheries under an international fisheries
    agreement to which the United States is a party, the appropriate
    Council or Secretary shall take into account the traditional
    participation in the fishery, relative to other nations, by
    fishermen of the United States on fishing vessels of the United
    States.
    (c) Promotion of stock management
      If a relevant international fisheries organization does not have
    a process for developing a formal plan to rebuild a depleted stock,
    an overfished stock, or a stock that is approaching a condition of
    being overfished, the provisions of this chapter in this regard
    shall be communicated to and promoted by the United States in the
    international or regional fisheries organization.

-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; Pub. L. 109-479, Sec. 4, Jan. 12, 2007, 120 Stat.
    3578.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (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 set out under section 1801 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2007 - Pub. L. 109-479 designated existing provisions as subsec.
    (a), inserted heading, and added subsecs. (b) and (c).
      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."

-End-



-CITE-
    16 USC Sec. 1813                                            01/03/2007

-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.

-End-


-CITE-
    16 USC SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL
           FISHERY AGREEMENTS                              01/03/2007

-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

-End-



-CITE-
    16 USC Sec. 1821                                            01/03/2007

-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, is that portion of the optimum
    yield of such fishery which cannot, or will not, be harvested by
    vessels of the United States, as determined in accordance with this
    chapter. Allocations of the total allowable level of foreign
    fishing are discretionary, except that the total allowable level
    shall be zero for fisheries determined by the Secretary to have
    adequate or excess domestic harvest capacity.
    (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 or other monitoring program that the Secretary,
      in consultation with the Western Pacific Management Council,
      determines is adequate to monitor harvest, bycatch, and
      compliance with the laws of the United States by vessels fishing
      under the agreement;
        (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,
    Secs. 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, Secs. 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; Pub. L. 109-479, Sec. 5, title IV,
    Sec. 404(a), Jan. 12, 2007, 120 Stat. 3578, 3632.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      Pub. L. 102-251, title III, Secs. 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.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (d). Pub. L. 109-479, Sec. 5, substituted "is" for
    "shall be" and "cannot, or will not," for "will not" and inserted
    at end "Allocations of the total allowable level of foreign fishing
    are discretionary, except that the total allowable level shall be
    zero for fisheries determined by the Secretary to have adequate or
    excess domestic harvest capacity."
      Subsec. (h)(2)(B). Pub. L. 109-479, Sec. 404(a), substituted "or
    other monitoring program that the Secretary, in consultation with
    the Western Pacific Management Council, determines is adequate to
    monitor harvest, bycatch, and compliance with the laws of the
    United States by vessels fishing under the agreement;" for "that is
    at least equal in effectiveness to the program established by the
    Secretary;".
      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, Secs. 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.


-MISC2-
              IMPLEMENTATION OF PACIFIC ALBACORE TUNA TREATY          
      Pub. L. 108-219, title IV, Sec. 401, Apr. 13, 2004, 118 Stat.
    616, provided that:
      "(a) In General. - Notwithstanding anything to the contrary in
    section 201, 204, or 307(2) of the Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1821, 1824, and
    1857(2)), foreign fishing may be conducted pursuant to the Treaty
    between the Government of the United States of America and the
    Government of Canada on Pacific Coast Albacore Tuna Vessels and
    Port Privileges, signed at Washington May 26, 1981, including its
    Annexes and any amendments thereto.
      "(b) Regulations. - The Secretary of Commerce, with the
    concurrence of the Secretary of State, may - 
        "(1) promulgate regulations necessary to discharge the
      obligations of the United States under the Treaty and its
      Annexes; and
        "(2) provide for the application of any such regulation to any
      person or vessel subject to the jurisdiction of the United
      States, wherever that person or vessel may be located.
      "(c) Enforcement. - 
        "(1) In general. - The Magnuson-Stevens Fishery Conservation
      and Management Act (16 U.S.C. 1801 et seq.) shall be enforced as
      if subsection (a) were a provision of that Act. Any reference in
      the Magnuson-Stevens Fishery Conservation and Management Act (16
      U.S.C. 1801 et seq.) to 'this Act' or to any provision of that
      Act, shall be considered to be a reference to that Act as it
      would be in effect if subsection (a) were a provision of that
      Act.
        "(2) Regulations. - The regulations promulgated under
      subsection (b), shall be enforced as if - 
          "(A) subsection (a) were a provision of the Magnuson-Stevens
        Fishery Conservation and Management Act (16 U.S.C. 1801 et
        seq.); and
          "(B) the regulations were promulgated under that Act."

             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)."

-End-



-CITE-
    16 USC Sec. 1822                                            01/03/2007

-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 (!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.

    (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, Secs. 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, Secs. 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".

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a)(5), (b), and (h)(1),
    (2)(A), 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.


-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, as amended by
    Pub. L. 109-479, title III, Sec. 302(c), Jan. 12, 2007, 120 Stat.
    3623, 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 2007 through 2011 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.]

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    16 USC Sec. 1823                                            01/03/2007

-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.


-MISC2-
           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.

-End-



-CITE-
    16 USC Sec. 1824                                            01/03/2007

-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) Pacific Insular Area observer programs, or other
        monitoring programs, that the Secretary determines are adequate
        to monitor the harvest, bycatch, and compliance with the laws
        of the United States by foreign fishing vessels that fish under
        Pacific Insular Area fishing agreements;
          (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 and any funds or contributions received in support of
      conservation and management objectives under a marine
      conservation plan 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).
      In the case of violations by foreign vessels occurring within the
      exclusive economic zones off Midway Atoll, Johnston Atoll,
      Kingman Reef, Palmyra Atoll, Jarvis, Howland, Baker, and Wake
      Islands, amounts received by the Secretary attributable to fines
      and penalties imposed under this chapter, shall be deposited into
      the Western Pacific Sustainable Fisheries Fund established under
      paragraph (7) of this subsection.

-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, Secs. 101(c)(2), 102, 103(b),
    Nov. 14, 1986, 100 Stat. 3707, 3709; Pub. L. 101-627, title I,
    Secs. 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; Pub.
    L. 109-479, Sec. 6, title IV, Sec. 404(b), Jan. 12, 2007, 120 Stat.
    3579, 3632.)


-STATAMEND-
                        AMENDMENT OF SUBSECTION (A)                    
      Pub. L. 102-251, title III, Secs. 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                        
      This chapter, referred to in subsecs. (b)(6)(A), (c), (d)(3)(A),
    and (e)(2)(A), (C), (7), (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.
      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.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (e)(4)(A)(i). Pub. L. 109-479, Sec. 404(b),
    amended cl. (i) generally. Prior to amendment, cl. (i) read as
    follows: "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;".
      Subsec. (e)(7). Pub. L. 109-479, Sec. 6(1), inserted "and any
    funds or contributions received in support of conservation and
    management objectives under a marine conservation plan" after
    "agreement" in introductory provisions.
      Subsec. (e)(8). Pub. L. 109-479, Sec. 6(2), inserted at end "In
    the case of violations by foreign vessels occurring within the
    exclusive economic zones off Midway Atoll, Johnston Atoll, Kingman
    Reef, Palmyra Atoll, Jarvis, Howland, Baker, and Wake Islands,
    amounts received by the Secretary attributable to fines and
    penalties imposed under this chapter, shall be deposited into the
    Western Pacific Sustainable Fisheries Fund established under
    paragraph (7) of this subsection."
      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.

-End-



-CITE-
    16 USC Sec. 1825                                            01/03/2007

-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."

-End-



-CITE-
    16 USC Sec. 1826                                            01/03/2007

-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.
      This chapter, referred to in subsec. (g), 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.


-MISC1-
                                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.

-End-



-CITE-
    16 USC Sec. 1826a                                           01/03/2007

-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
        60105 of title 46 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 or illegal,
          unreported, or unregulated 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 or
        illegal, unreported, or unregulated 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 or illegal, unreported, or unregulated
      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 or illegal, unreported, or unregulated
          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;
    Pub. L. 109-479, title IV, Sec. 403(b)(1), Jan. 12, 2007, 120 Stat.
    3632.)

-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 the former Appendix to Title 46,
    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 the former
    Appendix to Title 46, 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                           
      In subsec. (a)(2)(A), "section 60105 of title 46" substituted for
    "section 4197 of the Revised Statutes of the United States (46 App.
    U.S.C. 91)" on authority of Pub. L. 109-304, Sec. 18(c), Oct. 6,
    2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46,
    Shipping.
      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.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (b)(1)(A)(i), (B), (2), (4)(A)(i). Pub. L. 109-479
    inserted "or illegal, unreported, or unregulated fishing" after
    "driftnet fishing".

     HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT; CONGRESSIONAL STATEMENT
                          OF FINDINGS AND POLICY
      Pub. L. 102-582, Sec. 2, Nov. 2, 1992, 106 Stat. 4900, 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."

-End-



-CITE-
    16 USC Sec. 1826b                                           01/03/2007

-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 or illegal, unreported, or unregulated 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;
    Pub. L. 109-479, title IV, Sec. 403(b)(2), Jan. 12, 2007, 120 Stat.
    3632.)

-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.


-MISC1-
                                AMENDMENTS                            
      2007 - Pub. L. 109-479 inserted "or illegal, unreported, or
    unregulated fishing" after "driftnet fishing".

-End-



-CITE-
    16 USC Sec. 1826c                                           01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 1826d                                           01/03/2007

-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.


-MISC1-
                          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."

-End-



-CITE-
    16 USC Sec. 1826e                                           01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 1826f                                           01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 1826g                                           01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 1826h                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY
           AGREEMENTS                                    

-HEAD-
    Sec. 1826h. Biennial report on international compliance

-STATUTE-
      The Secretary, in consultation with the Secretary of State, shall
    provide to Congress, by not later than 2 years after January 12,
    2007, and every 2 years thereafter, a report that includes - 
        (1) the state of knowledge on the status of international
      living marine resources shared by the United States or subject to
      treaties or agreements to which the United States is a party,
      including a list of all such fish stocks classified as
      overfished, overexploited, depleted, endangered, or threatened
      with extinction by any international or other authority charged
      with management or conservation of living marine resources;
        (2) a list of nations whose vessels have been identified under
      section 1826j(a) or 1826k(a) of this title, including the
      specific offending activities and any subsequent actions taken
      pursuant to section 1826j or 1826k of this title;
        (3) a description of efforts taken by nations on those lists to
      comply take appropriate corrective action consistent with
      sections 1826j and 1826k of this title, and an evaluation of the
      progress of those efforts, including steps taken by the United
      States to implement those sections and to improve international
      compliance;
        (4) progress at the international level, consistent with
      section 1826i of this title, to strengthen the efforts of
      international fishery management organizations to end illegal,
      unreported, or unregulated fishing; and
        (5) steps taken by the Secretary at the international level to
      adopt international measures comparable to those of the United
      States to reduce impacts of fishing and other practices on
      protected living marine resources, if no international agreement
      to achieve such goal exists, or if the relevant international
      fishery or conservation organization has failed to implement
      effective measures to end or reduce the adverse impacts of
      fishing practices on such species.

-SOURCE-
    (Pub. L. 104-43, title VI, Sec. 607, as added Pub. L. 109-479,
    title IV, Sec. 403(a), Jan. 12, 2007, 120 Stat. 3626.)

-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.

-End-



-CITE-
    16 USC Sec. 1826i                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY
           AGREEMENTS                                    

-HEAD-
    Sec. 1826i. Action to strengthen international fishery management
      organizations

-STATUTE-
      The Secretary, in consultation with the Secretary of State, and
    in cooperation with relevant fishery management councils and any
    relevant advisory committees, shall take actions to improve the
    effectiveness of international fishery management organizations in
    conserving and managing fish stocks under their jurisdiction. These
    actions shall include - 
        (1) urging international fishery management organizations to
      which the United States is a member - 
          (A) to incorporate multilateral market-related measures
        against member or nonmember governments whose vessels engage in
        illegal, unreported, or unregulated fishing;
          (B) to seek adoption of lists that identify fishing vessels
        and vessel owners engaged in illegal, unreported, or
        unregulated fishing that can be shared among all members and
        other international fishery management organizations;
          (C) to seek international adoption of a centralized vessel
        monitoring system in order to monitor and document capacity in
        fleets of all nations involved in fishing in areas under an
        international fishery management organization's jurisdiction;
          (D) to increase use of observers and technologies needed to
        monitor compliance with conservation and management measures
        established by the organization, including vessel monitoring
        systems and automatic identification systems; and
          (E) to seek adoption of stronger port state controls in all
        nations, particularly those nations in whose ports vessels
        engaged in illegal, unreported, or unregulated fishing land or
        transship fish;

        (2) urging international fishery management organizations to
      which the United States is a member, as well as all members of
      those organizations, to adopt and expand the use of market-
      related measures to combat illegal, unreported, or unregulated
      fishing, including - 
          (A) import prohibitions, landing restrictions, or other
        market-based measures needed to enforce compliance with
        international fishery management organization measures, such as
        quotas and catch limits;
          (B) import restrictions or other market-based measures to
        prevent the trade or importation of fish caught by vessels
        identified multilaterally as engaging in illegal, unreported,
        or unregulated fishing; and
          (C) catch documentation and certification schemes to improve
        tracking and identification of catch of vessels engaged in
        illegal, unreported, or unregulated fishing, including advance
        transmission of catch documents to ports of entry; and

        (3) urging other nations at bilateral, regional, and
      international levels, including the Convention on International
      Trade in Endangered Species of Fauna and Flora and the World
      Trade Organization to take all steps necessary, consistent with
      international law, to adopt measures and policies that will
      prevent fish or other living marine resources harvested by
      vessels engaged in illegal, unreported, or unregulated fishing
      from being traded or imported into their nation or territories.

-SOURCE-
    (Pub. L. 104-43, title VI, Sec. 608, as added Pub. L. 109-479,
    title IV, Sec. 403(a), Jan. 12, 2007, 120 Stat. 3627.)

-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.

-End-



-CITE-
    16 USC Sec. 1826j                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY
           AGREEMENTS                                    

-HEAD-
    Sec. 1826j. Illegal, unreported, or unregulated fishing

-STATUTE-
    (a) Identification
      The Secretary shall identify, and list in the report under
    section 1826h of this title, a nation if fishing vessels of that
    nation are engaged, or have been engaged at any point during the
    preceding 2 years, in illegal, unreported, or unregulated fishing -
    
        (1) the relevant international fishery management organization
      has failed to implement effective measures to end the illegal,
      unreported, or unregulated fishing activity by vessels of that
      nation or the nation is not a party to, or does not maintain
      cooperating status with, such organization; or
        (2) where no international fishery management organization
      exists with a mandate to regulate the fishing activity in
      question.
    (b) Notification
      An identification under subsection (a) or section 1826k(a) of
    this title is deemed to be an identification under section
    1826a(b)(1)(A) of this title, and the Secretary shall notify the
    President and that nation of such identification.
    (c) Consultation
      No later than 60 days after submitting a report to Congress under
    section 1826h of this title, the Secretary, acting through the
    Secretary of State, shall - 
        (1) notify nations listed in the report of the requirements of
      this section;
        (2) initiate consultations for the purpose of encouraging such
      nations to take the appropriate corrective action with respect to
      the offending activities of their fishing vessels identified in
      the report; and
        (3) notify any relevant international fishery management
      organization of the actions taken by the United States under this
      section.
    (d) IUU certification procedure
      (1) Certification
        The Secretary shall establish a procedure, consistent with the
      provisions of subchapter II of chapter 5 of title 5, for
      determining if a nation identified under subsection (a) and
      listed in the report under section 1826h of this title has taken
      appropriate corrective action with respect to the offending
      activities of its fishing vessels identified in the report under
      section 1826h of this title. The certification procedure shall
      provide for notice and an opportunity for comment by any such
      nation. The Secretary shall determine, on the basis of the
      procedure, and certify to the Congress no later than 90 days
      after the date on which the Secretary promulgates a final rule
      containing the procedure, and biennially thereafter in the report
      under section 1826h of this title - 
          (A) whether the government of each nation identified under
        subsection (a) has provided documentary evidence that it has
        taken corrective action with respect to the offending
        activities of its fishing vessels identified in the report; or
          (B) whether the relevant international fishery management
        organization has implemented measures that are effective in
        ending the illegal, unreported, or unregulated fishing activity
        by vessels of that nation.
      (2) Alternative procedure
        The Secretary may establish a procedure for certification, on a
      shipment-by-shipment, shipper-by-shipper, or other basis of fish
      or fish products from a vessel of a harvesting nation not
      certified under paragraph (1) if the Secretary determines that - 
          (A) the vessel has not engaged in illegal, unreported, or
        unregulated fishing under an international fishery management
        agreement to which the United States is a party; or
          (B) the vessel is not identified by an international fishery
        management organization as participating in illegal,
        unreported, or unregulated fishing activities.
      (3) Effect of certification
        (A) In general
          The provisions of section 1826a(a) and section 1826a(b)(3)
        and (4) of this title - 
            (i) shall apply to any nation identified under subsection
          (a) that has not been certified by the Secretary under this
          subsection, or for which the Secretary has issued a negative
          certification under this subsection; but
            (ii) shall not apply to any nation identified under
          subsection (a) for which the Secretary has issued a positive
          certification under this subsection.
        (B) Exceptions
          Subparagraph (A)(i) does not apply - 
            (i) to the extent that such provisions would apply to sport
          fishing equipment or to fish or fish products not managed
          under the applicable international fishery agreement; or
            (ii) if there is no applicable international fishery
          agreement, to the extent that such provisions would apply to
          fish or fish products caught by vessels not engaged in
          illegal, unreported, or unregulated fishing.
    (e) Illegal, unreported, or unregulated fishing defined
      (1) In general
        In sections 1826d to 1826k of this title the term "illegal,
      unreported, or unregulated fishing" has the meaning established
      under paragraph (2).
      (2) Secretary to define term within legislative guidelines
        Within 3 months after January 12, 2007, the Secretary shall
      publish a definition of the term "illegal, unreported, or
      unregulated fishing" for purposes of sections 1826d to 1826k of
      this title.
      (3) Guidelines
        The Secretary shall include in the definition, at a minimum - 
          (A) fishing activities that violate conservation and
        management measures required under an international fishery
        management agreement to which the United States is a party,
        including catch limits or quotas, capacity restrictions, and
        bycatch reduction requirements;
          (B) overfishing of fish stocks shared by the United States,
        for which there are no applicable international conservation or
        management measures or in areas with no applicable
        international fishery management organization or agreement,
        that has adverse impacts on such stocks; and
          (C) fishing activity that has an adverse impact on seamounts,
        hydrothermal vents, and cold water corals located beyond
        national jurisdiction, for which there are no applicable
        conservation or management measures or in areas with no
        applicable international fishery management organization or
        agreement.
    (f) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    fiscal years 2007 through 2013 such sums as are necessary to carry
    out this section.

-SOURCE-
    (Pub. L. 104-43, title VI, Sec. 609, as added Pub. L. 109-479,
    title IV, Sec. 403(a), Jan. 12, 2007, 120 Stat. 3628.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1826a(a) and section 1826a(b)(3) and (4) of this title,
    referred to in subsec. (d)(3)(A), was in the original "section
    101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C.
    1826a(a), (b)(3), and (b)(4))" and was translated as meaning
    section 101(a) and section 101(b)(3) and (4) of the High Seas
    Driftnet Fisheries Enforcement Act, to reflect the probable intent
    of Congress.
      Sections 1826d to 1826k of this title, referred to in subsec.
    (e)(1), (2), was in the original "this Act" and was translated as
    reading "this title" meaning title VI of Pub. L. 104-43, Nov. 3,
    1995, 109 Stat. 391, known as the High Seas Driftnet Fishing
    Moratorium Protection Act. For complete classification of title VI
    to the Code, see Short Title of 1995 Amendment note set out under
    section 1801 of this title and Tables.

-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.

-End-



-CITE-
    16 USC Sec. 1826k                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY
           AGREEMENTS                                    

-HEAD-
    Sec. 1826k. Equivalent conservation measures

-STATUTE-
    (a) Identification
      The Secretary shall identify, and list in the report under
    section 1826h of this title, a nation if - 
        (1) fishing vessels of that nation are engaged, or have been
      engaged during the preceding calendar year in fishing activities
      or practices; (!1)

          (A) in waters beyond any national jurisdiction that result in
        bycatch of a protected living marine resource; or
          (B) beyond the exclusive economic zone of the United States
        that result in bycatch of a protected living marine resource
        shared by the United States;

        (2) the relevant international organization for the
      conservation and protection of such resources or the relevant
      international or regional fishery organization has failed to
      implement effective measures to end or reduce such bycatch, or
      the nation is not a party to, or does not maintain cooperating
      status with, such organization; and
        (3) the nation has not adopted a regulatory program governing
      such fishing practices designed to end or reduce such bycatch
      that is comparable to that of the United States, taking into
      account different conditions.
    (b) Consultation and negotiation
      The Secretary, acting through the Secretary of State, shall - 
        (1) notify, as soon as possible, other nations whose vessels
      engage in fishing activities or practices described in subsection
      (a), about the provisions of sections 1826d to 1826k of this
      title;
        (2) initiate discussions as soon as possible with all foreign
      governments which are engaged in, or which have persons or
      companies engaged in, fishing activities or practices described
      in subsection (a), for the purpose of entering into bilateral and
      multilateral treaties with such countries to protect such
      species;
        (3) seek agreements calling for international restrictions on
      fishing activities or practices described in subsection (a)
      through the United Nations, the Food and Agriculture
      Organization's Committee on Fisheries, and appropriate
      international fishery management bodies; and
        (4) initiate the amendment of any existing international treaty
      for the protection and conservation of such species to which the
      United States is a party in order to make such treaty consistent
      with the purposes and policies of this section.
    (c) Conservation certification procedure
      (1) Determination
        The Secretary shall establish a procedure consistent with the
      provisions of subchapter II of chapter 5 of title 5 for
      determining whether the government of a harvesting nation
      identified under subsection (a) and listed in the report under
      section 1826h of this title - 
          (A) has provided documentary evidence of the adoption of a
        regulatory program governing the conservation of the protected
        living marine resource that is comparable to that of the United
        States, taking into account different conditions, and which, in
        the case of pelagic longline fishing, includes mandatory use of
        circle hooks, careful handling and release equipment, and
        training and observer programs; and
          (B) has established a management plan containing requirements
        that will assist in gathering species-specific data to support
        international stock assessments and conservation enforcement
        efforts for protected living marine resources.
      (2) Procedural requirement
        The procedure established by the Secretary under paragraph (1)
      shall include notice and opportunity for comment by any such
      nation.
      (3) Certification
        The Secretary shall certify to the Congress by January 31,
      2007, and biennially thereafter whether each such nation has
      provided the documentary evidence described in paragraph (1)(A)
      and established a management plan described in paragraph (1)(B).
      (4) Alternative procedure
        The Secretary shall establish a procedure for certification, on
      a shipment-by-shipment, shipper-by-shipper, or other basis of
      fish or fish products from a vessel of a harvesting nation not
      certified under paragraph (3) if the Secretary determines that
      such imports were harvested by practices that do not result in
      bycatch of a protected marine species, or were harvested by
      practices that - 
          (A) are comparable to those of the United States, taking into
        account different conditions, and which, in the case of pelagic
        longline fishing, includes mandatory use of circle hooks,
        careful handling and release equipment, and training and
        observer programs; and
          (B) include the gathering of species specific data that can
        be used to support international and regional stock assessments
        and conservation efforts for protected living marine resources.
      (5) Effect of certification
        The provisions of section 1826a(a) and section 1826a(b)(3) and
      (4) of this title (except to the extent that such provisions
      apply to sport fishing equipment or fish or fish products not
      caught by the vessels engaged in illegal, unreported, or
      unregulated fishing) shall apply to any nation identified under
      subsection (a) that has not been certified by the Secretary under
      this subsection, or for which the Secretary has issued a negative
      certification under this subsection, but shall not apply to any
      nation identified under subsection (a) for which the Secretary
      has issued a positive certification under this subsection.
    (d) International cooperation and assistance
      To the greatest extent possible consistent with existing
    authority and the availability of funds, the Secretary shall - 
        (1) provide appropriate assistance to nations identified by the
      Secretary under subsection (a) and international organizations of
      which those nations are members to assist those nations in
      qualifying for certification under subsection (c);
        (2) undertake, where appropriate, cooperative research
      activities on species statistics and improved harvesting
      techniques, with those nations or organizations;
        (3) encourage and facilitate the transfer of appropriate
      technology to those nations or organizations to assist those
      nations in qualifying for certification under subsection (c); and
        (4) provide assistance to those nations or organizations in
      designing and implementing appropriate fish harvesting plans.
    (e) Protected living marine resource defined
      In this section the term "protected living marine resource" - 
        (1) means non-target fish, sea turtles, or marine mammals that
      are protected under United States law or international agreement,
      including the Marine Mammal Protection Act [16 U.S.C. 1361 et
      seq.], the Endangered Species Act [16 U.S.C. 1531 et seq.], the
      Shark Finning Prohibition Act, and the Convention on
      International Trade in Endangered Species of Wild Flora and
      Fauna; but
        (2) does not include species, except sharks, managed under the
      Magnuson-Stevens Fishery Conservation and Management Act [16
      U.S.C. 1801 et seq.], the Atlantic Tunas Convention Act [16
      U.S.C. 971 et seq.], or any international fishery management
      agreement.
    (f) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    fiscal years 2007 through 2013 such sums as are necessary to carry
    out this section.

-SOURCE-
    (Pub. L. 104-43, title VI, Sec. 610, as added Pub. L. 109-479,
    title IV, Sec. 403(a), Jan. 12, 2007, 120 Stat. 3630.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 1826d to 1826k of this title, referred to in subsec.
    (b)(1), was in the original "this section and this Act" and was
    translated as reading "this section and this title" meaning title
    VI of Pub. L. 104-43, Nov. 3, 1995, 109 Stat. 391, known as the
    High Seas Driftnet Fishing Moratorium Protection Act. For complete
    classification of title VI to the Code, see Short Title of 1995
    Amendment note set out under section 1801 of this title and Tables.
      Section 1826a(a) and section 1826a(b)(3) and (4) of this title,
    referred to in subsec. (c)(5), was in the original "section 101(a)
    and section 101(b)(3) and (4) of this Act (16 U.S.C. 1826a(a),
    (b)(3), and (b)(4))" and was translated as meaning section 101(a)
    and section 101(b)(3) and (4) of the High Seas Driftnet Fisheries
    Enforcement Act, to reflect the probable intent of Congress.
      The Marine Mammal Protection Act, referred to in subsec. (e)(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.
      The Endangered Species Act, referred to in subsec. (e)(1),
    probably means the Endangered Species Act of 1973, Pub. L. 93-205,
    Dec. 28, 1973, 87 Stat. 884, as amended, which is classified
    principally 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.
      The Shark Finning Prohibition Act, referred to in subsec. (e)(1),
    is Pub. L. 106-557, Dec. 21, 2000, 114 Stat. 2772, which is set out
    as a note under section 1822 of this title. For complete
    classification of this Act to the Code, see Tables.
      The Magnuson-Stevens Fishery Conservation and Management Act,
    referred to in subsec. (e)(2), 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.
      The Atlantic Tunas Convention Act, referred to in subsec. (e)(2),
    probably means the Atlantic Tunas Convention Act of 1975, 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.

-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.

-FOOTNOTE-               

    (!1) So in original. The semicolon probably should be a dash.


-End-



-CITE-
    16 USC Sec. 1827                                            01/03/2007

-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],(!1) and

          (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.


-MISC1-
                                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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 1828                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY
           AGREEMENTS                                    

-HEAD-
    Sec. 1828. Foreign fishing incursions

-STATUTE-
    (a) In general
      Not later than 180 days after July 11, 2006, the Secretary of the
    department in which the Coast Guard is operating shall provide to
    the Committee on Commerce, Science, and Transportation of the
    Senate and the Committee on Transportation and Infrastructure of
    the House of Representatives a report on steps that the Coast Guard
    will take to significantly improve the Coast Guard's detection and
    interdiction of illegal incursions into the United States exclusive
    economic zone by foreign fishing vessels.
    (b) Specific issues to be addressed
      The report shall - 
        (1) focus on areas in the exclusive economic zone where the
      Coast Guard has failed to detect or interdict such incursions in
      the 4-fiscal-year period beginning with fiscal year 2000,
      including such areas in the Western/Central Pacific and the
      Bering Sea; and
        (2) include an evaluation of the potential use of unmanned
      aircraft and offshore platforms for detecting or interdicting
      such incursions.
    (c) Biennial updates
      The Secretary shall provide biannual reports updating the Coast
    Guard's progress in detecting or interdicting such incursions to
    the Committee on Commerce, Science, and Transportation of the
    Senate and the Committee on Transportation and Infrastructure of
    the House of Representatives.

-SOURCE-
    (Pub. L. 109-241, title VIII, Sec. 804, July 11, 2006, 120 Stat.
    563.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Coast Guard and Maritime
    Transportation Act of 2006, and not as part of the Magnuson-Stevens
    Fishery Conservation and Management Act which comprises this
    chapter.

-End-



-CITE-
    16 USC Sec. 1829                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY
           AGREEMENTS                                    

-HEAD-
    Sec. 1829. International monitoring and compliance

-STATUTE-
    (a) In general
      The Secretary may undertake activities to promote improved
    monitoring and compliance for high seas fisheries, or fisheries
    governed by international fishery management agreements, and to
    implement the requirements of this subchapter.
    (b) Specific authorities
      In carrying out subsection (a), the Secretary may - 
        (1) share information on harvesting and processing capacity and
      illegal, unreported and unregulated fishing on the high seas, in
      areas covered by international fishery management agreements, and
      by vessels of other nations within the United States exclusive
      economic zone, with relevant law enforcement organizations of
      foreign nations and relevant international organizations;
        (2) further develop real time information sharing capabilities,
      particularly on harvesting and processing capacity and illegal,
      unreported and unregulated fishing;
        (3) participate in global and regional efforts to build an
      international network for monitoring, control, and surveillance
      of high seas fishing and fishing under regional or global
      agreements;
        (4) support efforts to create an international registry or
      database of fishing vessels, including by building on or
      enhancing registries developed by international fishery
      management organizations;
        (5) enhance enforcement capabilities through the application of
      commercial or governmental remote sensing technology to locate or
      identify vessels engaged in illegal, unreported, or unregulated
      fishing on the high seas, including encroachments into the
      exclusive economic zone by fishing vessels of other nations;
        (6) provide technical or other assistance to developing
      countries to improve their monitoring, control, and surveillance
      capabilities; and
        (7) support coordinated international efforts to ensure that
      all large-scale fishing vessels operating on the high seas are
      required by their flag State to be fitted with vessel monitoring
      systems no later than December 31, 2008, or earlier if so decided
      by the relevant flag State or any relevant international fishery
      management organization.

-SOURCE-
    (Pub. L. 94-265, title II, Sec. 207, as added Pub. L. 109-479,
    title IV, Sec. 401, Jan. 12, 2007, 120 Stat. 3625.)

-End-


-CITE-
    16 USC SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT
           PROGRAM                                         01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
            SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM        

-End-



-CITE-
    16 USC Sec. 1851                                            01/03/2007

-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 by utilizing economic and social data that meet the
      requirements of paragraph (2), 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; Pub. L.
    109-479, title I, Sec. 101(a), Jan. 12, 2007, 120 Stat. 3579.)

-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.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (a)(8). Pub. L. 109-479 inserted "by utilizing
    economic and social data that meet the requirements of paragraph
    (2)," after "fishing communities".
      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'."

               GULF OF ALASKA ROCKFISH DEMONSTRATION PROGRAM           
      Pub. L. 108-199, div. B, title VIII, Sec. 802, Jan. 23, 2004, 118
    Stat. 110, as amended by Pub. L. 109-479, title II, Sec. 218, Jan.
    12, 2007, 120 Stat. 3621, provided that: "The Secretary of
    Commerce, in consultation with the North Pacific Fishery Management
    Council, shall establish a pilot program that recognizes the
    historic participation of fishing vessels (1996 to 2002, best 5 of
    7 years) and historic participation of fish processors (1996 to
    2000, best 4 of 5 years) for pacific ocean perch, northern
    rockfish, and pelagic shelf rockfish harvested in Central Gulf of
    Alaska. Such a pilot program shall: (1) provide for a set-aside of
    up to 5 percent for the total allowable catch of such fisheries for
    catcher vessels not eligible to participate in the pilot program,
    which shall be delivered to shore-based fish processors not
    eligible to participate in the pilot program; and (2) establish
    catch limits for non-rockfish species and non-target rockfish
    species currently harvested with pacific ocean perch, northern
    rockfish, and pelagic shelf rockfish, which shall be based on
    historical harvesting of such bycatch species. The pilot program
    will sunset when a Gulf of Alaska Groundfish comprehensive
    rationalization plan is authorized by the Council and implemented
    by the Secretary, or 5 years from date of implementation, whichever
    is earlier."

          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. 108-199, div. B, title VIII, Sec. 803, Jan. 23, 2004, 118
    Stat. 110, provided that:
      "(a) Aleutian Islands Pollock Allocation. - Effective January 1,
    2004 and thereafter, the directed pollock fishery in the Aleutian
    Islands Subarea [AI] of the BSAI (as defined in 50 CFR 679.2) shall
    be allocated to the Aleut Corporation (incorporated pursuant to the
    Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)).
    Except with the permission of the Aleut Corporation or its
    authorized agent, the fishing or processing of any part of such
    allocation shall be prohibited by section 307 of the Magnuson-
    Stevens Fishery Conservation and Management Act (16 U.S.C. 1857),
    subject to the penalties and sanctions under section 308 of such
    Act (16 U.S.C. 1858), and subject to the forfeiture of any fish
    harvested or processed.
      "(b) Eligible Vessels. - Only vessels that are 60 feet or less in
    length overall and have a valid fishery endorsement, or vessels
    that are eligible to harvest pollock under section 208 of title II
    of division C of Public Law 105-277 [set out below], shall be
    eligible to form partnerships with the Aleut Corporation (or its
    authorized agents) to harvest the allocation under subsection (a).
    During the years 2004 through 2008, up to 25 percent of such
    allocation may be harvested by vessels 60 feet or less in length
    overall. During the years 2009 through 2013, up to 50 percent of
    such allocation may be harvested by vessels 60 feet or less in
    length overall. After the year 2012, 50 percent of such allocation
    shall be harvested by vessels 60 feet or less in length overall,
    and 50 percent shall be harvested by vessels eligible under such
    section of Public Law 105-277.
      "(c) Groundfish Optimum Yield Limitation. - The optimum yield for
    groundfish in the Bering Sea and Aleutian Islands Management Area
    shall not exceed 2 million metric tons. For the purposes of
    implementing subsections (a) and (b) without adversely affecting
    current fishery participants, the allocation under subsection (a)
    may be in addition to such optimum yield during the years 2004
    through 2008 upon recommendation by the North Pacific Council and
    approval by the Secretary of Commerce (if consistent with the
    requirements of the Magnuson-Stevens Fishery Conservation and
    Management Act (16 U.S.C. 1801 et seq.)).
      "(d) Management and Allocation. - For the purposes of this
    section, the North Pacific Fishery Management Council shall
    recommend and the Secretary shall approve an allocation under
    subsection (a) to the Aleut Corporation for the purposes of
    economic development in Adak, Alaska pursuant to the requirements
    of the Magnuson-Stevens Fishery Conservation and Management Act (16
    U.S.C. 1801 et seq.)."
      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 [renumbered 1113, 1114] of title XI of the Merchant Marine
    Act, 1936 (46 U.S.C. App. 1279f and 1279g) [now 46 U.S.C. 53735 and
    53702(b)] 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 [renumbered 1113] of the Merchant Marine Act, 1936 (46 U.S.C.
    App. 1279f) [now 46 U.S.C. 53735], 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) [renumbered 1113(b)(4)] of such Act (46 U.S.C.
    App. 1279f(b)(4)) [now 46 U.S.C. 53735(c)(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 [renumbered 1113, 1114] of title XI of the
    Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) [now 46
    U.S.C. 53735 and 53702(b)].

      "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)
    [now 46 U.S.C. 12113 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 [now 46
      U.S.C. 12113(b)(2) to (d)].
      "(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 ([former] 46 U.S.C. App.
    1271 et seq.) [see chapter 537 of Title 46, Shipping], 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, formerly set out as
    a note under section 1274 of Title 46, Appendix, Shipping, and now
    partially set out as a note under section 53706 of Title 46,
    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 [now Government Accountability
    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) [now 12113(b)(2) to (d)] 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) [now 12113(b)(2)
    to (d)] 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, Secs.
    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, Secs. 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.

-End-



-CITE-
    16 USC Sec. 1852                                            01/03/2007

-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 and of commonwealths, territories,
      and possessions of the United States in the Caribbean Sea (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 (!1) recognized fishing rights
      from California, Oregon, Washington, or Idaho in accordance with
      subsection (b)(5) of this section.

      (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) (!2) of this section.

      (D)(i) The Governor of a State submitting a list of names of
    individuals for appointment by the Secretary of Commerce to the
    Gulf of Mexico Fisheries Management Council under subparagraph (C)
    shall include - 
        (I) at least 1 nominee each from the commercial, recreational,
      and charter fishing sectors; and
        (II) at least 1 other individual who is knowledgeable regarding
      the conservation and management of fisheries resources in the
      jurisdiction of the Council.

      (ii) Notwithstanding the requirements of subparagraph (C), if the
    Secretary determines that the list of names submitted by the
    Governor does not meet the requirements of clause (i) the Secretary
    shall - 
        (I) publish a notice in the Federal Register asking the
      residents of that State to submit the names and pertinent
      biographical data of individuals who would meet the requirement
      not met for appointment to the Council; and
        (II) add the name of any qualified individual submitted by the
      public who meets the unmet requirement to the list of names
      submitted by the Governor.

      (iii) For purposes of clause (i) an individual who owns or
    operates a fish farm outside of the United States shall not be
    considered to be a representative of the commercial or recreational
    fishing sector.
      (iv) The requirements of this subparagraph shall expire at the
    end of fiscal year 2012.
      (E) 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 (!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.

      (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.
      (D) The tribal representative appointed under subparagraph (A)
    may designate as an alternate, during the period of the
    representative's term, an individual knowledgeable concerning
    tribal rights, tribal law, and the fishery resources of the
    geographical area concerned.
      (6) The Secretary may remove for cause any member of a Council
    required to be appointed by the Secretary in accordance with
    paragraphs (!4) (2) or (5) if - 

        (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 advisory panels
      (1)(A) Each Council shall establish, maintain, and appoint the
    members of a scientific and statistical committee to assist it in
    the development, collection, evaluation, and peer review 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.
      (B) Each scientific and statistical committee shall provide its
    Council ongoing scientific advice for fishery management decisions,
    including recommendations for acceptable biological catch,
    preventing overfishing, maximum sustainable yield, and achieving
    rebuilding targets, and reports on stock status and health,
    bycatch, habitat status, social and economic impacts of management
    measures, and sustainability of fishing practices.
      (C) Members appointed by the Councils to the scientific and
    statistical committees shall be Federal employees, State employees,
    academicians, or independent experts and shall have strong
    scientific or technical credentials and experience.
      (D) Each member of a scientific and statistical committee shall
    be treated as an affected individual for purposes of paragraphs
    (2), (3)(B), (4), and (5)(A) of subsection (j). The Secretary shall
    keep disclosures made pursuant to this subparagraph on file.
      (E) The Secretary and each Council may establish a peer review
    process for that Council for scientific information used to advise
    the Council about the conservation and management of the fishery.
    The review process, which may include existing committees or
    panels, is deemed to satisfy the requirements of the guidelines
    issued pursuant to section 515 of the Treasury and General
    Government Appropriations Act for Fiscal year 2001 (Public Law 106-
    554 - Appendix C; 114 Stat. 2763A-153).
      (F) In addition to the provisions of subsection (f)(7), the
    Secretary shall, subject to the availability of appropriations, pay
    a stipend to members of the scientific and statistical committees
    or advisory panels who are not employed by the Federal Government
    or a State marine fisheries agency.
      (G) A science and statistical committee shall hold its meetings
    in conjunction with the meeting of the Council, to the extent
    practicable.
      (2) Each Council shall establish such 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 (!5) subsection (a)(3) of this
      section) within its geographical area of authority;

        (6) develop annual catch limits for each of its managed
      fisheries that may not exceed the fishing level recommendations
      of its scientific and statistical committee or the peer review
      process established under subsection (g);
        (7) develop, in conjunction with the scientific and statistical
      committee, multi-year research priorities for fisheries,
      fisheries interactions, habitats, and other areas of research
      that are necessary for management purposes, that shall - 
          (A) establish priorities for 5-year periods;
          (B) be updated as necessary; and
          (C) be submitted to the Secretary and the regional science
        centers of the National Marine Fisheries Service for their
        consideration in developing research priorities and budgets for
        the region of the Council; and

        (8) 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, the Council coordination committee
    established under subsection (l), or to the scientific and
    statistical committees or other committees or advisory panels
    established under subsection (g).
      (2) The following guidelines apply with respect to the conduct of
    business at meetings of a Council, of the Council coordination
    committee established under subsection (l), and of the scientific
    and statistical committees or other committees or advisory panels
    established under subsection (g):
        (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 provided by any means that will result in wide
      publicity in the major fishing ports of the region (and in other
      major fishing ports having a direct interest in the affected
      fishery), except that e-mail notification and website postings
      alone are not sufficient. 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, the Council Coordination Committee
    established under subsection (l), scientific, and statistical
    committee, other committees, 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 provide notice by any means that will result in wide
    publicity in the major fishing ports of the region (and in other
    major fishing ports having a direct interest in the affected
    fishery), except that e-mail notification and website postings
    alone are not sufficient, including in that notification the time
    and place of the meeting. This subpararaph (!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.

      (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, lobbying, advocacy, or marketing
    activity that is being, or will be, undertaken within any fishery
    over which the Council concerned has jurisdiction, or with respect
    to an individual or organization with a financial interest in such
    activity.
      (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 by the Council and made available on the
      Internet and for public inspection at the Council offices during
      reasonable hours; 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).
      (9) On January 1, 2008, and annually thereafter, the Secretary
    shall submit a report to the Senate Committee on Commerce, Science,
    and Transportation and the House of Representatives Committee on
    Resources on action taken by the Secretary and the Councils to
    implement the disclosure of financial interest and recusal
    requirements of this subsection, including identification of any
    conflict of interest problems with respect to the Councils and
    scientific and statistical committees and recommendations for
    addressing any such problems.
    (k) Council training program
      (1) Training course
        Within 6 months after January 12, 2007, the Secretary, in
      consultation with the Councils and the National Sea Grant College
      Program, shall develop a training course for newly appointed
      Council members. The course may cover a variety of topics
      relevant to matters before the Councils, including - 
          (A) fishery science and basic stock assessment methods;
          (B) fishery management techniques, data needs, and Council
        procedures;
          (C) social science and fishery economics;
          (D) tribal treaty rights and native customs, access, and
        other rights related to Western Pacific indigenous communities;
          (E) legal requirements of this chapter, including conflict of
        interest and disclosure provisions of this section and related
        policies;
          (F) other relevant legal and regulatory requirements,
        including the National Environmental Policy Act (42 U.S.C. 4321
        et seq.);
          (G) public process for development of fishery management
        plans;
          (H) other topics suggested by the Council; and
          (I) recreational and commercial fishing information,
        including fish harvesting techniques, gear types, fishing
        vessel types, and economics for the fisheries within each
        Council's jurisdiction.
      (2) Member training
        The training course shall be available to both new and existing
      Council members, staff from the regional offices and regional
      science centers of the National Marine Fisheries Service, and may
      be made available to committee or advisory panel members as
      resources allow.
      (3) Required training
        Council members appointed after January 12, 2007, shall
      complete a training course that meets the requirements of this
      section not later than 1 year after the date on which they were
      appointed. Any Council member who has completed a training course
      within 24 months before January 12, 2007, shall be considered to
      have met the training requirement of this paragraph.
    (l) Council coordination committee
      The Councils may establish a Council coordination committee
    consisting of the chairs, vice chairs, and executive directors of
    each of the 8 Councils described in subsection (a)(1), or other
    Council members or staff, in order to discuss issues of relevance
    to all Councils, including issues related to the implementation of
    this chapter.

-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, Secs. 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; Pub. L. 109-479, title I, Secs. 102, 103, Jan. 12, 2007,
    120 Stat. 3579.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (f)(2), (6), (g)(2), (h),
    (k)(1)(E), and (l), 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.
      Section 515 of the Treasury and General Government Appropriations
    Act for Fiscal year 2001, referred to in subsec. (g)(1)(E), is
    section 1(a)(3) [title V, Sec. 515] of Pub. L. 106-554, which is
    set out as a note under section 3516 of Title 44, Public Printing
    and Documents.
      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.
      The National Environmental Policy Act, referred to in subsec.
    (k)(1)(F), probably means the National Environmental Policy Act of
    1969, Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, which is
    classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see Short Title note set out under section 4321 of
    Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (a)(1)(D). Pub. L. 109-479, Sec. 102, inserted
    "and of commonwealths, territories, and possessions of the United
    States in the Caribbean Sea" after "seaward of such States".
      Subsec. (b)(2)(D), (E). Pub. L. 109-479, Sec. 103(j), added
    subpar. (D) and redesignated former subpar. (D) as (E).
      Subsec. (b)(5)(D). Pub. L. 109-479, Sec. 103(a), added subpar.
    (D).
      Subsec. (g). Pub. L. 109-479, Sec. 103(b)(1), substituted
    "Committees and advisory panels" for "Committees and panels" in
    heading.
      Subsec. (g)(1). Pub. L. 109-479, Sec. 103(b)(1), added par. (1)
    and struck out former par. (1) which read as follows: "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."
      Subsec. (g)(2). Pub. L. 109-479, Sec. 103(b)(2), (3), struck out
    "other" before "advisory panels" and realigned margins.
      Subsec. (g)(3) to (5). Pub. L. 109-479, Sec. 103(b)(3), realigned
    margins.
      Subsec. (h)(5). Pub. L. 109-479, Sec. 103(c)(1), which directed
    substitution of "authority;" for "authority, and", was executed by
    making the substitution for "authority; and" to reflect the
    probable intent of Congress.
      Subsec. (h)(6). Pub. L. 109-479, Sec. 103(c)(3), added par. (6).
    Former par. (6) redesignated (7).
      Subsec. (h)(7). Pub. L. 109-479, Sec. 103(d)(1), (3), added par.
    (7). Former par. (7) redesignated (8).
      Pub. L. 109-479, Sec. 103(c)(2), redesignated par. (6) as (7).
      Subsec. (h)(8). Pub. L. 109-479, Sec. 103(d)(2), redesignated
    par. (7) as (8).
      Subsec. (i)(1). Pub. L. 109-479, Sec. 103(h)(1), substituted "to
    the Councils, the Council coordination committee established under
    subsection (l), or to the scientific and statistical committees or
    other committees or advisory panels established under subsection
    (g)." for "to the Councils or to the scientific and statistical
    committees or advisory panels established under subsection (g) of
    this section."
      Subsec. (i)(2). Pub. L. 109-479, Sec. 103(h)(2), in introductory
    provisions, substituted "of a Council, of the Council coordination
    committee established under subsection (l), and of the scientific
    and statistical committees or other committees or advisory panels
    established under subsection (g):" for "of a Council, and of the
    scientific and statistical committee and advisory panels
    established under subsection (g) of this section:".
      Subsec. (i)(2)(C). Pub. L. 109-479, Sec. 103(e), substituted
    "provided by any means that will result in wide publicity in the
    major fishing ports of the region (and in other major fishing ports
    having a direct interest in the affected fishery), except that e-
    mail notification and website postings alone are not sufficient."
    for "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."
      Subsec. (i)(3)(A). Pub. L. 109-479, Sec. 103(h)(3), (4), in
    introductory provisions, inserted "the Council Coordination
    Committee established under subsection (l)," after "Council," and
    "other committees," after "committee,".
      Subsec. (i)(3)(B). Pub. L. 109-479, Sec. 103(f), which directed
    substitution of "provide notice by any means that will result in
    wide publicity in the major fishing ports of the region (and in
    other major fishing ports having a direct interest in the affected
    fishery), except that e-mail notification and website postings
    alone are not sufficient," for "notify local newspapers in the
    major fishing ports within its region (and in other major, affected
    fishing ports,", was executed by making the substitution for text
    which ended with "ports)," to reflect the probable intent of
    Congress.
      Subsec. (j)(2). Pub. L. 109-479, Sec. 103(i)(1), (2), in
    concluding provisions, inserted "lobbying, advocacy," after
    "processing," and substituted "jurisdiction, or with respect to an
    individual or organization with a financial interest in such
    activity." for "jurisdiction."
      Subsec. (j)(5)(B). Pub. L. 109-479, Sec. 103(i)(3), added subpar.
    (B) and struck out former subpar. (B) which read as follows: "be
    kept on file, and made available for public inspection at
    reasonable hours, at the Council offices; and".
      Subsec. (j)(9). Pub. L. 109-479, Sec. 103(i)(4), added par. (9).
      Subsecs. (k), (l). Pub. L. 109-479, Sec. 103(g), added subsecs.
    (k) and (l).
      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.


-MISC2-
     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."

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.

    (!2) So in original. Probably should be subsection "(j)".

    (!3) So in original. Probably should not be capitalized.

    (!4) So in original. Probably should be "paragraph".

    (!5) So in original. The word "section" probably should not
         appear.

    (!6) So in original. Probably should be "subparagraph".


-End-



-CITE-
    16 USC Sec. 1853                                            01/03/2007

-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,(!1) charter
      fishing, and fish processing 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, economic information necessary to meet the
      requirements of this chapter, and the estimated processing
      capacity of, and the actual processing capacity utilized by,
      United States fish processors,(!2)


        (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 analyze the likely effects, if any,
      including the cumulative conservation, economic, and social
      impacts, of the conservation and management measures on, and
      possible mitigation measures for - 
          (A) participants in the fisheries and fishing communities
        affected by the plan or amendment;
          (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; and
          (C) the safety of human life at sea, including whether and to
        what extent such measures may affect the safety of participants
        in the fishery;

        (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,
      including its economic impact, and, to the extent practicable,
      quantify trends in landings of the managed fishery resource by
      the commercial, recreational, and charter fishing sectors;
        (14) to the extent that rebuilding plans or other conservation
      and management measures which reduce the overall harvest in a
      fishery are necessary, allocate, taking into consideration the
      economic impact of the harvest restrictions or recovery benefits
      on the fishery participants in each sector, any harvest
      restrictions or recovery benefits fairly and equitably among the
      commercial, recreational, and charter fishing sectors in the
      fishery and; (!3)

        (15) establish a mechanism for specifying annual catch limits
      in the plan (including a multiyear plan), implementing
      regulations, or annual specifications, at a level such that
      overfishing does not occur in the fishery, including measures to
      ensure accountability.
    (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)(A) 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;
        (B) designate such zones in areas where deep sea corals are
      identified under section 1884 of this title, to protect deep sea
      corals from physical damage from fishing gear or to prevent loss
      or damage to such fishing gear from interactions with deep sea
      corals, after considering long-term sustainable uses of fishery
      resources in such areas; and
        (C) with respect to any closure of an area under this chapter
      that prohibits all fishing, ensure that such closure - 
          (i) is based on the best scientific information available;
          (ii) includes criteria to assess the conservation benefit of
        the closed area;
          (iii) establishes a timetable for review of the closed area's
        performance that is consistent with the purposes of the closed
        area; and
          (iv) is based on an assessment of the benefits and impacts of
        the closure, including its size, in relation to other
        management measures (either alone or in combination with such
        measures), including the benefits and impacts of limiting
        access to: users of the area, overall fishing activity, fishery
        science, and fishery and marine conservation;

        (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 and take into account the
      different circumstances affecting fisheries from different States
      and ports, including distances to fishing grounds and proximity
      to time and area closures;
        (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;
          (F) the fair and equitable distribution of access privileges
        in the fishery; and
          (G) any other relevant considerations;

        (7) require fish processors who first receive fish that are
      subject to the plan to submit 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;
        (12) include management measures in the plan to conserve target
      and non-target species and habitats, considering the variety of
      ecological factors affecting fishery populations; and
        (14) (!4) 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.

-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, Secs. 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; Pub. L. 109-479, title I, Secs. 101(b), 104(a), 105,
    106(a)(1), Jan. 12, 2007, 120 Stat. 3579, 3584-3586.)


-STATAMEND-
                     AMENDMENT OF SUBSECTION (B)(1)(A)                 
      Pub. L. 102-251, title III, Secs. 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                        
      This chapter, referred to in subsecs. (a)(1)(C), (5) and
    (b)(2)(C), (4), (5), (10), 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.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (a)(5). Pub. L. 109-479, Sec. 104(a)(1), (2),
    substituted "charter fishing, and fish processing" for "and charter
    fishing" and inserted "economic information necessary to meet the
    requirements of this chapter," after "number of hauls,".
      Subsec. (a)(9). Pub. L. 109-479, Sec. 101(b), in introductory
    provisions, substituted "analyze the likely effects, if any,
    including the cumulative conservation, economic, and social
    impacts, of the conservation and management measures on, and
    possible mitigation measures for - " for "describe the likely
    effects, if any, of the conservation and management measures on -
    ".
      Subsec. (a)(9)(C). Pub. L. 109-479, Sec. 104(a)(3)-(5), added
    subpar. (C).
      Subsec. (a)(13). Pub. L. 109-479, Sec. 104(a)(6), (7),
    substituted "in the fishery, including its economic impact," for
    "in the fishery" and struck out "and" after semicolon at end.
      Subsec. (a)(14). Pub. L. 109-479, Sec. 104(a)(8), (9),
    substituted "allocate, taking into consideration the economic
    impact of the harvest restrictions or recovery benefits on the
    fishery participants in each sector," for "allocate" and "fishery
    and;" for "fishery."
      Subsec. (a)(15). Pub. L. 109-479, Sec. 104(a)(10), added par.
    (15).
      Subsec. (b)(2). Pub. L. 109-479, Sec. 105(1), (2), designated
    existing provisions as subpar. (A) and added subpars. (B) and (C).
      Subsec. (b)(5). Pub. L. 109-479, Sec. 105(3), substituted
    "fishery and take into account the different circumstances
    affecting fisheries from different States and ports, including
    distances to fishing grounds and proximity to time and area
    closures;" for "fishery;".
      Subsec. (b)(6). Pub. L. 109-479, Sec. 105(4), added par. (6) and
    struck out former par. (6) which read as follows: "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;".
      Subsec. (b)(7). Pub. L. 109-479, Sec. 105(5), struck out "(other
    than economic data)" after "submit data".
      Subsec. (b)(12), (14). Pub. L. 109-479, Sec. 105(6), (7), added
    par. (12) and redesignated former par. (12) as (14).
      Subsec. (d). Pub. L. 109-479, Sec. 106(a)(1), struck out subsec.
    (d) which related to individual fishing quotas.
      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 2007 AMENDMENT; APPLICABILITY          
      Pub. L. 109-479, title I, Sec. 104(b), Jan. 12, 2007, 120 Stat.
    3584, provided that: "The amendment made by subsection (a)(10)
    [amending this section] - 
        "(1) shall, unless otherwise provided for under an
      international agreement in which the United States participates,
      take effect - 
          "(A) in fishing year 2010 for fisheries determined by the
        Secretary to be subject to overfishing; and
          "(B) in fishing year 2011 for all other fisheries; and
        "(2) shall not apply to a fishery for species that have a life
      cycle of approximately 1 year unless the Secretary has determined
      the fishery is subject to overfishing of that species; and
        "(3) shall not limit or otherwise affect the requirements of
      section 301(a)(1) or 304(e) of the Magnuson-Stevens Fishery
      Conservation and Management Act (16 U.S.C. 1851(a)(1) or 1854(e),
      respectively)."

                     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.


-MISC2-
    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                  
      Pub. L. 104-297, title I, Sec. 108(f)(1)-(5), Oct. 11, 1996, 110
    Stat. 3577-3579, 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 ([former] 46 U.S.C. [App.]
      802(a) and (c)) [see 46 U.S.C. 50501(a), (d)] 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."

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by "and".

    (!2) So in original. The comma probably should be a semicolon.

               

    (!3) So in original. Probably should be "fishery; and".

    (!4) So in original. No par. (13) has been enacted.


-End-



-CITE-
    16 USC Sec. 1853a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
    Sec. 1853a. Limited access privilege programs

-STATUTE-
    (a) In general
      After January 12, 2007, a Council may submit, and the Secretary
    may approve, for a fishery that is managed under a limited access
    system, a limited access privilege program to harvest fish if the
    program meets the requirements of this section.
    (b) No creation of right, title, or interest
      Limited access privilege, quota share, or other limited access
    system authorization established, implemented, or managed under
    this chapter - 
        (1) shall be considered a permit for the purposes of sections
      1857, 1858, and 1859 of this title;
        (2) may be revoked, limited, or modified at any time in
      accordance with this chapter, including revocation if the system
      is found to have jeopardized the sustainability of the stock or
      the safety of fishermen;
        (3) shall not confer any right of compensation to the holder of
      such limited access privilege, quota share, or other such limited
      access system authorization if it is revoked, limited, or
      modified;
        (4) shall not create, or be construed to create, any right,
      title, or interest in or to any fish before the fish is harvested
      by the holder; and
        (5) shall be considered a grant of permission to the holder of
      the limited access privilege or quota share to engage in
      activities permitted by such limited access privilege or quota
      share.
    (c) Requirements for limited access privileges
      (1) In general
        Any limited access privilege program to harvest fish submitted
      by a Council or approved by the Secretary under this section
      shall - 
          (A) if established in a fishery that is overfished or subject
        to a rebuilding plan, assist in its rebuilding;
          (B) if established in a fishery that is determined by the
        Secretary or the Council to have over-capacity, contribute to
        reducing capacity;
          (C) promote - 
            (i) fishing safety;
            (ii) fishery conservation and management; and
            (iii) social and economic benefits;

          (D) prohibit any person other than a United States citizen, a
        corporation, partnership, or other entity established under the
        laws of the United States or any State, or a permanent resident
        alien, that meets the eligibility and participation
        requirements established in the program from acquiring a
        privilege to harvest fish, including any person that acquires a
        limited access privilege solely for the purpose of perfecting
        or realizing on a security interest in such privilege;
          (E) require that all fish harvested under a limited access
        privilege program be processed on vessels of the United States
        or on United States soil (including any territory of the United
        States);
          (F) specify the goals of the program;
          (G) include provisions for the regular monitoring and review
        by the Council and the Secretary of the operations of the
        program, including determining progress in meeting the goals of
        the program and this chapter, and any necessary modification of
        the program to meet those goals, with a formal and detailed
        review 5 years after the implementation of the program and
        thereafter to coincide with scheduled Council review of the
        relevant fishery management plan (but no less frequently than
        once every 7 years);
          (H) include an effective system for enforcement, monitoring,
        and management of the program, including the use of observers
        or electronic monitoring systems;
          (I) include an appeals process for administrative review of
        the Secretary's decisions regarding initial allocation of
        limited access privileges;
          (J) provide for the establishment by the Secretary, in
        consultation with appropriate Federal agencies, for an
        information collection and review process to provide any
        additional information needed to determine whether any illegal
        acts of anti-competition, anti-trust, price collusion, or price
        fixing have occurred among regional fishery associations or
        persons receiving limited access privileges under the program;
        and
          (K) provide for the revocation by the Secretary of limited
        access privileges held by any person found to have violated the
        antitrust laws of the United States.
      (2) Waiver
        The Secretary may waive the requirement of paragraph (1)(E) if
      the Secretary determines that - 
          (A) the fishery has historically processed the fish outside
        of the United States; and
          (B) the United States has a seafood safety equivalency
        agreement with the country where processing will occur.
      (3) Fishing communities
        (A) In general
          (i) Eligibility
            To be eligible to participate in a limited access privilege
          program to harvest fish, a fishing community shall - 
              (I) be located within the management area of the relevant
            Council;
              (II) meet criteria developed by the relevant Council,
            approved by the Secretary, and published in the Federal
            Register;
              (III) consist of residents who conduct commercial or
            recreational fishing, processing, or fishery-dependent
            support businesses within the Council's management area;
            and
              (IV) develop and submit a community sustainability plan
            to the Council and the Secretary that demonstrates how the
            plan will address the social and economic development needs
            of coastal communities, including those that have not
            historically had the resources to participate in the
            fishery, for approval based on criteria developed by the
            Council that have been approved by the Secretary and
            published in the Federal Register.
          (ii) Failure to comply with plan
            The Secretary shall deny or revoke limited access
          privileges granted under this section for any person who
          fails to comply with the requirements of the community
          sustainability plan. Any limited access privileges denied or
          revoked under this section may be reallocated to other
          eligible members of the fishing community.
        (B) Participation criteria
          In developing participation criteria for eligible communities
        under this paragraph, a Council shall consider - 
            (i) traditional fishing or processing practices in, and
          dependence on, the fishery;
            (ii) the cultural and social framework relevant to the
          fishery;
            (iii) economic barriers to access to fishery;
            (iv) the existence and severity of projected economic and
          social impacts associated with implementation of limited
          access privilege programs on harvesters, captains, crew,
          processors, and other businesses substantially dependent upon
          the fishery in the region or subregion;
            (v) the expected effectiveness, operational transparency,
          and equitability of the community sustainability plan; and
            (vi) the potential for improving economic conditions in
          remote coastal communities lacking resources to participate
          in harvesting or processing activities in the fishery.
      (4) Regional fishery associations
        (A) In general
          To be eligible to participate in a limited access privilege
        program to harvest fish, a regional fishery association shall -
        
            (i) be located within the management area of the relevant
          Council;
            (ii) meet criteria developed by the relevant Council,
          approved by the Secretary, and published in the Federal
          Register;
            (iii) be a voluntary association with established by-laws
          and operating procedures;
            (iv) consist of participants in the fishery who hold quota
          share that are designated for use in the specific region or
          subregion covered by the regional fishery association,
          including commercial or recreational fishing, processing,
          fishery-dependent support businesses, or fishing communities;
            (v) not be eligible to receive an initial allocation of a
          limited access privilege but may acquire such privileges
          after the initial allocation, and may hold the annual fishing
          privileges of any limited access privileges it holds or the
          annual fishing privileges that is (!1) members contribute;
          and

            (vi) develop and submit a regional fishery association plan
          to the Council and the Secretary for approval based on
          criteria developed by the Council that have been approved by
          the Secretary and published in the Federal Register.
        (B) Failure to comply with plan
          The Secretary shall deny or revoke limited access privileges
        granted under this section to any person participating in a
        regional fishery association who fails to comply with the
        requirements of the regional fishery association plan.
        (C) Participation criteria
          In developing participation criteria for eligible regional
        fishery associations under this paragraph, a Council shall
        consider - 
            (i) traditional fishing or processing practices in, and
          dependence on, the fishery;
            (ii) the cultural and social framework relevant to the
          fishery;
            (iii) economic barriers to access to fishery;
            (iv) the existence and severity of projected economic and
          social impacts associated with implementation of limited
          access privilege programs on harvesters, captains, crew,
          processors, and other businesses substantially dependent upon
          the fishery in the region or subregion;
            (v) the administrative and fiduciary soundness of the
          association; and
            (vi) the expected effectiveness, operational transparency,
          and equitability of the fishery association plan.
      (5) Allocation
        In developing a limited access privilege program to harvest
      fish a Council or the Secretary shall - 
          (A) establish procedures to ensure fair and equitable initial
        allocations, including consideration of - 
            (i) current and historical harvests;
            (ii) employment in the harvesting and processing sectors;
            (iii) investments in, and dependence upon, the fishery; and
            (iv) the current and historical participation of fishing
          communities;

          (B) consider the basic cultural and social framework of the
        fishery, especially through - 
            (i) the development of policies to promote the sustained
          participation of small owner-operated fishing vessels and
          fishing communities that depend on the fisheries, including
          regional or port-specific landing or delivery requirements;
          and
            (ii) procedures to address concerns over excessive
          geographic or other consolidation in the harvesting or
          processing sectors of the fishery;

          (C) include measures to assist, when necessary and
        appropriate, entry-level and small vessel owner-operators,
        captains, crew, and fishing communities through set-asides of
        harvesting allocations, including providing privileges, which
        may include set-asides or allocations of harvesting privileges,
        or economic assistance in the purchase of limited access
        privileges;
          (D) ensure that limited access privilege holders do not
        acquire an excessive share of the total limited access
        privileges in the program by - 
            (i) establishing a maximum share, expressed as a percentage
          of the total limited access privileges, that a limited access
          privilege holder is permitted to hold, acquire, or use; and
            (ii) establishing any other limitations or measures
          necessary to prevent an inequitable concentration of limited
          access privileges; and

          (E) authorize limited access privileges to harvest fish to be
        held, acquired, used by, or issued under the system to persons
        who substantially participate in the fishery, including in a
        specific sector of such fishery, as specified by the Council.
      (6) Program initiation
        (A) Limitation
          Except as provided in subparagraph (D), a Council may
        initiate a fishery management plan or amendment to establish a
        limited access privilege program to harvest fish on its own
        initiative or if the Secretary has certified an appropriate
        petition.
        (B) Petition
          A group of fishermen constituting more than 50 percent of the
        permit holders, or holding more than 50 percent of the
        allocation, in the fishery for which a limited access privilege
        program to harvest fish is sought, may submit a petition to the
        Secretary requesting that the relevant Council or Councils with
        authority over the fishery be authorized to initiate the
        development of the program. Any such petition shall clearly
        state the fishery to which the limited access privilege program
        would apply. For multispecies permits in the Gulf of Mexico,
        only those participants who have substantially fished the
        species proposed to be included in the limited access program
        shall be eligible to sign a petition for such a program and
        shall serve as the basis for determining the percentage
        described in the first sentence of this subparagraph.
        (C) Certification by Secretary
          Upon the receipt of any such petition, the Secretary shall
        review all of the signatures on the petition and, if the
        Secretary determines that the signatures on the petition
        represent more than 50 percent of the permit holders, or
        holders of more than 50 percent of the allocation in the
        fishery, as described by subparagraph (B), the Secretary shall
        certify the petition to the appropriate Council or Councils.
        (D) New England and Gulf referendum
          (i) Except as provided in clause (iii) for the Gulf of Mexico
        commercial red snapper fishery, the New England and Gulf
        Councils may not submit, and the Secretary may not approve or
        implement, a fishery management plan or amendment that creates
        an individual fishing quota program, including a Secretarial
        plan, unless such a system, as ultimately developed, has been
        approved by more than  2/3  of those voting in a referendum
        among eligible permit holders, or other persons described in
        clause (v), with respect to the New England Council, and by a
        majority of those voting in the referendum among eligible
        permit holders with respect to the Gulf Council. For
        multispecies permits in the Gulf of Mexico, only those
        participants who have substantially fished the species proposed
        to be included in the individual fishing quota program shall be
        eligible to vote in such a referendum. If an individual fishing
        quota program fails to be approved by the requisite number of
        those voting, it may be revised and submitted for approval in a
        subsequent referendum.
          (ii) The Secretary shall conduct a referendum under this
        subparagraph, including notifying all persons eligible to
        participate in the referendum and making available to them
        information concerning the schedule, procedures, and
        eligibility requirements for the referendum process and the
        proposed individual fishing quota program. Within 1 year after
        January 12, 2007, the Secretary shall publish guidelines and
        procedures to determine procedures and voting eligibility
        requirements for referenda and to conduct such referenda in a
        fair and equitable manner.
          (iii) The provisions of section 1883(c) of this title shall
        apply in lieu of this subparagraph for an individual fishing
        quota program for the Gulf of Mexico commercial red snapper
        fishery.
          (iv) Chapter 35 of title 44 (commonly known as the Paperwork
        Reduction Act) does not apply to the referenda conducted under
        this subparagraph.
          (v) The Secretary shall promulgate criteria for determining
        whether additional fishery participants are eligible to vote in
        the New England referendum described in clause (i) in order to
        ensure that crew members who derive a significant percentage of
        their total income from the fishery under the proposed program
        are eligible to vote in the referendum.
          (vi) In this subparagraph, the term "individual fishing
        quota" does not include a sector allocation.
      (7) Transferability
        In establishing a limited access privilege program, a Council
      shall - 
          (A) establish a policy and criteria for the transferability
        of limited access privileges (through sale or lease), that is
        consistent with the policies adopted by the Council for the
        fishery under paragraph (5); and
          (B) establish, in coordination with the Secretary, a process
        for monitoring of transfers (including sales and leases) of
        limited access privileges.
      (8) Preparation and implementation of secretarial plans
        This subsection also applies to a plan prepared and implemented
      by the Secretary under section 1854(c) or 1854(g) of this title.
      (9) Antitrust savings clause
        Nothing in this chapter shall be construed to modify, impair,
      or supersede the operation of any of the antitrust laws. For
      purposes of the preceding sentence, the term "antitrust laws" has
      the meaning given such term in subsection (a) of section 12 of
      title 15, except that such term includes section 45 of title 15
      to the extent that such section 45 applies to unfair methods of
      competition.
    (d) Auction and other programs
      In establishing a limited access privilege program, a Council
    shall consider, and may provide, if appropriate, an auction system
    or other program to collect royalties for the initial, or any
    subsequent, distribution of allocations in a limited access
    privilege program if - 
        (1) the system or program is administered in such a way that
      the resulting distribution of limited access privilege shares
      meets the program requirements of this section; and
        (2) revenues generated through such a royalty program are
      deposited in the Limited Access System Administration Fund
      established by section 1855(h)(5)(B) of this title and available
      subject to annual appropriations.
    (e) Cost recovery
      In establishing a limited access privilege program, a Council
    shall - 
        (1) develop a methodology and the means to identify and assess
      the management, data collection and analysis, and enforcement
      programs that are directly related to and in support of the
      program; and
        (2) provide, under section 1854(d)(2) of this title, for a
      program of fees paid by limited access privilege holders that
      will cover the costs of management, data collection and analysis,
      and enforcement activities.
    (f) Characteristics
      A limited access privilege established after January 12, 2007, is
    a permit issued for a period of not more than 10 years that - 
        (1) will be renewed before the end of that period, unless it
      has been revoked, limited, or modified as provided in this
      subsection;
        (2) will be revoked, limited, or modified if the holder is
      found by the Secretary, after notice and an opportunity for a
      hearing under section 554 of title 5, to have failed to comply
      with any term of the plan identified in the plan as cause for
      revocation, limitation, or modification of a permit, which may
      include conservation requirements established under the plan;
        (3) may be revoked, limited, or modified if the holder is found
      by the Secretary, after notice and an opportunity for a hearing
      under section 554 of title 5, to have committed an act prohibited
      by section 1857 of this title; and
        (4) may be acquired, or reacquired, by participants in the
      program under a mechanism established by the Council if it has
      been revoked, limited, or modified under paragraph (2) or (3).
    (g) Limited access privilege assisted purchase program
      (1) In general
        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 53706(a)(7) of title 46, to issue
      obligations that aid in financing - 
          (A) the purchase of limited access privileges in that fishery
        by fishermen who fish from small vessels; and
          (B) the first-time purchase of limited access privileges in
        that fishery by entry level fishermen.
      (2) Eligibility criteria
        A Council making a submission under paragraph (1) shall
      recommend criteria, consistent with the provisions of this
      chapter, that a fisherman must meet to qualify for guarantees
      under subparagraphs (A) and (B) of paragraph (1) and the portion
      of funds to be allocated for guarantees under each subparagraph.
    (h) Effect on certain existing shares and programs
      Nothing in this chapter, or the amendments made by the Magnuson-
    Stevens Fishery Conservation and Management Reauthorization Act of
    2006, shall be construed to require a reallocation or a
    reevaluation of individual quota shares, processor quota shares,
    cooperative programs, or other quota programs, including sector
    allocation in effect before January 12, 2007.
    (i) Transition rules
      (1) In general
        The requirements of this section shall not apply to any quota
      program, including any individual quota program, cooperative
      program, or sector allocation for which a Council has taken final
      action or which has been submitted by a Council to the Secretary,
      or approved by the Secretary, within 6 months after January 12,
      2007, except that - 
          (A) the requirements of section 1853(d) of this title in
        effect on the day before January 12, 2007, shall apply to any
        such program;
          (B) the program shall be subject to review under subsection
        (c)(1)(G) of this section not later than 5 years after the
        program implementation; and
          (C) nothing in this subsection precludes a Council from
        incorporating criteria contained in this section into any such
        plans.
      (2) Pacific groundfish proposals
        The requirements of this section, other than subparagraphs (A)
      and (B) of subsection (c)(1) and subparagraphs (A), (B), and (C)
      of paragraph (1) of this subsection, shall not apply to any
      proposal authorized under section 302(f) of the Magnuson-Stevens
      Fishery Conservation and Management Reauthorization Act of 2006
      that is submitted within the timeframe prescribed by that
      section.

-SOURCE-
    (Pub. L. 94-265, title III, Sec. 303A, as added Pub. L. 109-479,
    title I, Sec. 106(a)(2), Jan. 12, 2007, 120 Stat. 3586.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (b), (c)(1)(G), (9),
    (g)(2), and (h), 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 Magnuson-Stevens Fishery Conservation and Management
    Reauthorization Act of 2006, referred to in subsec. (h), is Pub. L.
    109-479, Jan. 12, 2007, 120 Stat. 3575. Section 302(f) of the Act
    (120 Stat. 3624) is not classified to the Code. For complete
    classification of this Act to the Code, see Short Title of 2007
    Amendment note set out under section 1801 of this title and Tables.


-MISC1-
                  APPLICATION WITH AMERICAN FISHERIES ACT              
      Pub. L. 109-479, title I, Sec. 106(e), Jan. 12, 2007, 120 Stat.
    3594, provided that: "Nothing in section 303A of the Magnuson-
    Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
    seq.) [16 U.S.C. 1853a], as added by subsection (a), shall be
    construed to modify or supersede any provision of the American
    Fisheries Act [title II of div. C of Pub. L. 105-277, see Tables
    for classification] ([former] 46 U.S.C. 12102 note [see 46 U.S.C.
    12113(e), (f), (h), (i)]; 16 U.S.C. 1851 note; et alia)."

-FOOTNOTE-
    (!1) So in original. Probably should be "its".


-End-



-CITE-
    16 USC Sec. 1854                                            01/03/2007

-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 limited access privilege 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, data collection, and enforcement of any -
     
        (i) limited access privilege 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.
      (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),(!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), or highly migratory species harvested in a
      commercial fishery managed by a Council under this chapter or the
      Western and Central Pacific Fisheries Convention Implementation
      Act [16 U.S.C. 6901 et seq.], 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.
    (i) (!2) Environmental review process

      (1) Procedures
        The Secretary shall, in consultation with the Councils and the
      Council on Environmental Quality, revise and update agency
      procedures for compliance with the National Environmental Policy
      Act (42 U.S.C. 4231 et seq.). The procedures shall - 
          (A) conform to the time lines for review and approval of
        fishery management plans and plan amendments under this
        section; and
          (B) integrate applicable environmental analytical procedures,
        including the time frames for public input, with the procedure
        for the preparation and dissemination of fishery management
        plans, plan amendments, and other actions taken or approved
        pursuant to this chapter in order to provide for timely, clear
        and concise analysis that is useful to decision makers and the
        public, reduce extraneous paperwork, and effectively involve
        the public.
      (2) Usage
        The updated agency procedures promulgated in accordance with
      this section used by the Councils or the Secretary shall be the
      sole environmental impact assessment procedure for fishery
      management plans, amendments, regulations, or other actions taken
      or approved pursuant to this chapter.
      (3) Schedule for promulgation of final procedures
        The Secretary shall - 
          (A) propose revised procedures within 6 months after January
        12, 2007;
          (B) provide 90 days for public review and comments; and
          (C) promulgate final procedures no later than 12 months after
        January 12, 2007.
      (4) Public participation
        The Secretary is authorized and directed, in cooperation with
      the Council on Environmental Quality and the Councils, to involve
      the affected public in the development of revised procedures,
      including workshops or other appropriate means of public
      involvement.
    (i) (!2) International overfishing
      The provisions of this subsection shall apply in lieu of
    subsection (e) to a fishery that the Secretary determines is
    overfished or approaching a condition of being overfished due to
    excessive international fishing pressure, and for which there are
    no management measures to end overfishing under an international
    agreement to which the United States is a party. For such fisheries
    - 
        (1) the Secretary, in cooperation with the Secretary of
      State,(!3) immediately take appropriate action at the
      international level to end the overfishing; and

        (2) within 1 year after the Secretary's determination, the
      appropriate Council, or Secretary, for fisheries under section
      1852(a)(3) of this title shall - 
          (A) develop recommendations for domestic regulations to
        address the relative impact of fishing vessels of the United
        States on the stock and, if developed by a Council, the Council
        shall submit such recommendations to the Secretary; and
          (B) develop and submit recommendations to the Secretary of
        State, and to the Congress, for international actions that will
        end overfishing in the fishery and rebuild the affected stocks,
        taking into account the relative impact of vessels of other
        nations and vessels of the United States on the relevant stock.

-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, Secs. 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; Pub. L. 109-479, Sec. 3(d)(2), title I, Secs.
    104(c), 106(b), (d), 107, title IV, Sec. 406, Jan. 12, 2007, 120
    Stat. 3578, 3584, 3593, 3594, 3633.)


-STATAMEND-
                        AMENDMENT OF SUBSECTION (E)                    
      Pub. L. 109-479, title I, Sec. 104(c), (d), Jan. 12, 2007, 120
    Stat. 3584, 3585, provided that, effective 30 months after Jan. 12,
    2007, subsection (e) of this section is amended:

      (1) by striking "one year of" in paragraph (3) and inserting "2
    years after";
      (2) by inserting "and implement" after "prepare" in paragraph
    (3);
      (3) by inserting "immediately" after "overfishing" in paragraph
    (3)(A);
      (4) by striking "ending overfishing and" in paragraph (4)(A); and
      (5) by striking "one-year" in paragraph (5) and inserting "2-
    year".

-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.
      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.
      The Western and Central Pacific Fisheries Convention
    Implementation Act, referred to in subsec. (g)(2), is title V of
    Pub. L. 109-479, Jan. 12, 2007, 120 Stat. 3635, which is classified
    generally to chapter 88 (Sec. 6901 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 6901 of this title and Tables.
      The National Environmental Policy Act, referred to in subsec.
    (i)(1), probably means the National Environmental Policy Act of
    1969, Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, which is
    classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see Short Title note set out under section 4321 of
    Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (c)(3). Pub. L. 109-479, Sec. 3(d)(2)(A),
    substituted "limited access privilege" for "individual fishing
    quota".
      Subsec. (d)(2)(A). Pub. L. 109-479, Sec. 106(b), substituted
    "management, data collection, and enforcement" for "management and
    enforcement" in introductory provisions.
      Subsec. (d)(2)(A)(i). Pub. L. 109-479, Sec. 3(d)(2)(B),
    substituted "limited access privilege" for "individual fishing
    quota".
      Subsec. (d)(2)(C)(i). Pub. L. 109-479, Sec. 106(d), substituted
    "section 1855(h)(5)(B) of this title." for "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) of title 2."
      Subsec. (g)(2). Pub. L. 109-479, Sec. 406(b), substituted "(16
    U.S.C. 971d), or highly migratory species harvested in a commercial
    fishery managed by a Council under this Act or the Western and
    Central Pacific Fisheries Convention Implementation Act," for "(16
    U.S.C. 971d)".
      Subsec. (i). Pub. L. 109-479, Sec. 406(a), added subsec. (i)
    relating to international overfishing.
      Pub. L. 109-479, Sec. 107, added subsec. (i) relating to
    environmental review process.
      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 2007 AMENDMENT                 
      Pub. L. 109-479, title I, Sec. 104(d), Jan. 12, 2007, 120 Stat.
    3585, provided that: "The amendments made by subsection (c)
    [amending this section] shall take effect 30 months after the date
    of enactment of this Act [Jan. 12, 2007]."

                     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.


-MISC2-
       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."

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Two subsecs. (i) have been enacted.

    (!3) So in original. Probably should be followed by "shall".


-End-



-CITE-
    16 USC Sec. 1855                                            01/03/2007

-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 186 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 or interim measures 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.),(!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.

    (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 limited access privileges, 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) Western Alaska community development quota program
        (A) In general
          There is established the western Alaska community development
        quota program in order - 
            (i) to provide eligible western Alaska villages with the
          opportunity to participate and invest in fisheries in the
          Bering Sea and Aleutian Islands Management Area;
            (ii) to support economic development in western Alaska;
            (iii) to alleviate poverty and provide economic and social
          benefits for residents of western Alaska; and
            (iv) to achieve sustainable and diversified local economies
          in western Alaska.
        (B) Program allocation
          (i) In general
            Except as provided in clause (ii), the annual percentage of
          the total allowable catch, guideline harvest level, or other
          annual catch limit allocated to the program in each directed
          fishery of the Bering Sea and Aleutian Islands shall be the
          percentage approved by the Secretary, or established by
          Federal law, as of March 1, 2006, for the program. The
          percentage for each fishery shall be either a directed
          fishing allowance or include both directed fishing and
          nontarget needs based on existing practice with respect to
          the program as of March 1, 2006, for each fishery.
          (ii) Exceptions
            Notwithstanding clause (i) - 
              (I) the allocation under the program for each directed
            fishery of the Bering Sea and Aleutian Islands (other than
            a fishery for halibut, sablefish, pollock, and crab) shall
            be a total allocation (directed and nontarget combined) of
            10.7 percent effective January 1, 2008; and
              (II) the allocation under the program in any directed
            fishery of the Bering Sea and Aleutian Islands (other than
            a fishery for halibut, sablefish, pollock, and crab)
            established after July 11, 2006, shall be a total
            allocation (directed and nontarget combined) of 10.7
            percent.

          The total allocation (directed and nontarget combined) for a
          fishery to which subclause (I) or (II) applies may not be
          exceeded.
          (iii) Processing and other rights
            Allocations to the program include all processing rights
          and any other rights and privileges associated with such
          allocations as of March 1, 2006.
          (iv) Regulation of harvest
            The harvest of allocations under the program for fisheries
          with individual quotas or fishing cooperatives shall be
          regulated by the Secretary in a manner no more restrictive
          than for other participants in the applicable sector,
          including with respect to the harvest of nontarget species.
        (C) Allocations to entities
          Each entity eligible to participate in the program shall be
        authorized under the program to harvest annually the same
        percentage of each species allocated to the program under
        subparagraph (B) that it was authorized by the Secretary to
        harvest of such species annually as of March 1, 2006, except to
        the extent that its allocation is adjusted under subparagraph
        (H). Such allocation shall include all processing rights and
        any other rights and privileges associated with such
        allocations as of March 1, 2006. Voluntary transfers by and
        among eligible entities shall be allowed, whether before or
        after harvesting. Notwithstanding the first sentence of this
        subparagraph, seven-tenths of one percent of the total
        allowable catch, guideline harvest level, or other annual catch
        limit, within the amount allocated to the program by subclause
        (I) or subclause (II) of subparagraph (B)(ii), shall be
        allocated among the eligible entities by the panel established
        in subparagraph (G), or allocated by the Secretary based on the
        nontarget needs of eligible entities in the absence of a panel
        decision.
        (D) Eligible villages
          The following villages shall be eligible to participate in
        the program through the following entities:
            (i) The villages of Akutan, Atka, False Pass, Nelson
          Lagoon, Nikolski, and Saint George through the Aleutian
          Pribilof Island Community Development Association.
            (ii) The villages of Aleknagik, Clark's Point, Dillingham,
          Egegik, Ekuk, Ekwok, King Salmon/Savonoski, Levelock,
          Manokotak, Naknek, Pilot Point, Port Heiden, Portage Creek,
          South Naknek, Togiak, Twin Hills, and Ugashik through the
          Bristol Bay Economic Development Corporation.
            (iii) The village of Saint Paul through the Central Bering
          Sea Fishermen's Association.
            (iv) The villages of Chefornak, Chevak, Eek, Goodnews Bay,
          Hooper Bay, Kipnuk, Kongiganak, Kwigillingok, Mekoryuk,
          Napakiak, Napaskiak, Newtok, Nightmute, Oscarville, Platinum,
          Quinhagak, Scammon Bay, Toksook Bay, Tuntutuliak, and Tununak
          through the Coastal Villages Region Fund.
            (v) The villages of Brevig Mission, Diomede, Elim, Gambell,
          Golovin, Koyuk, Nome, Saint Michael, Savoonga, Shaktoolik,
          Stebbins, Teller, Unalakleet, Wales, and White Mountain
          through the Norton Sound Economic Development Corporation.
            (vi) The villages of Alakanuk, Emmonak, Grayling, Kotlik,
          Mountain Village, and Nunam Iqua through the Yukon Delta
          Fisheries Development Association.
        (E) Eligibility requirements for participating entities
          To be eligible to participate in the program, an entity
        referred to in subparagraph (D) shall meet the following
        requirements:
          (i) Board of directors
            The entity shall be governed by a board of directors. At
          least 75 percent of the members of the board shall be
          resident fishermen from the entity's member villages. The
          board shall include at least one director selected by each
          such member village.
          (ii) Panel representative
            The entity shall elect a representative to serve on the
          panel established by subparagraph (G).
          (iii) Other investments
            The entity may make up to 20 percent of its annual
          investments in any combination of the following:
              (I) For projects that are not fishery-related and that
            are located in its region.
              (II) On a pooled or joint investment basis with one or
            more other entities participating in the program for
            projects that are not fishery-related and that are located
            in one or more of their regions.
              (III) For matching Federal or State grants for projects
            or programs in its member villages without regard to any
            limitation on the Federal or State share, or restriction on
            the source of any non-Federal or non-State matching funds,
            of any grant program under any other provision of law.
          (iv) Fishery-related investments
            The entity shall make the remainder percent of its annual
          investments in fisheries-related projects or for other
          purposes consistent with the practices of the entity prior to
          March 1, 2006.
          (v) Annual statement of compliance
            Each year the entity, following approval by its board of
          directors and signed by its chief executive officer, shall
          submit a written statement to the Secretary and the State of
          Alaska that summarizes the purposes for which it made
          investments under clauses (iii) and (iv) during the preceding
          year.
          (vi) Other panel requirements
            The entity shall comply with any other requirements
          established by the panel under subparagraph (G).
        (F) Entity status, limitations, and regulation
          The entity - 
            (i) shall be subject to any excessive share ownership,
          harvesting, or processing limitations in the fisheries of the
          Bering Sea and Aleutian Islands Management Area only to the
          extent of the entity's proportional ownership, excluding any
          program allocations, and notwithstanding any other provision
          of law;
            (ii) shall comply with State of Alaska law requiring annual
          reports to the entity's member villages summarizing financial
          operations for the previous calendar year, including general
          and administrative costs and compensation levels of the top 5
          highest paid personnel;
            (iii) shall comply with State of Alaska laws to prevent
          fraud that are administered by the Alaska Division of Banking
          and Securities, except that the entity and the State shall
          keep confidential from public disclosure any information if
          the disclosure would be harmful to the entity or its
          investments; and
            (iv) is exempt from compliance with any State law requiring
          approval of financial transactions, community development
          plans, or amendments thereto, except as required by
          subparagraph (H).
        (G) Administrative panel
          (i) Establishment
            There is established a community development quota program
          panel.
          (ii) Membership
            The panel shall consist of 6 members. Each entity
          participating in the program shall select one member of the
          panel.
          (iii) Functions
            The panel shall - 
              (I) administer those aspects of the program not otherwise
            addressed in this paragraph, either through private
            contractual arrangement or through recommendations to the
            North Pacific Council, the Secretary, or the State of
            Alaska, as the case may be; and
              (II) coordinate and facilitate activities of the entities
            under the program.
          (iv) Unanimity required
            The panel may act only by unanimous vote of all 6 members
          of the panel and may not act if there is a vacancy in the
          membership of the panel.
        (H) Decennial review and adjustment of entity allocations
          (i) In general
            During calendar year 2012 and every 10 years thereafter,
          the State of Alaska shall evaluate the performance of each
          entity participating in the program based on the criteria
          described in clause (ii).
          (ii) Criteria
            The panel shall establish a system to be applied under this
          subparagraph that allows each entity participating in the
          program to assign relative values to the following criteria
          to reflect the particular needs of its villages:
              (I) Changes during the preceding 10-year period in
            population, poverty level, and economic development in the
            entity's member villages.
              (II) The overall financial performance of the entity,
            including fishery and nonfishery investments by the entity.
              (III) Employment, scholarships, and training supported by
            the entity.
              (IV) Achieving of the goals of the entity's community
            development plan.
          (iii) Adjustment of allocations
            After the evaluation required by clause (i), the State of
          Alaska shall make a determination, on the record and after an
          opportunity for a hearing, with respect to the performance of
          each entity participating in the program for the criteria
          described in clause (ii). If the State determines that the
          entity has maintained or improved its overall performance
          with respect to the criteria, the allocation to such entity
          under the program shall be extended by the State for the next
          10-year period. If the State determines that the entity has
          not maintained or improved its overall performance with
          respect to the criteria - 
              (I) at least 90 percent of the entity's allocation for
            each species under subparagraph (C) shall be extended by
            the State for the next 10-year period; and
              (II) the State may determine, or the Secretary may
            determine (if State law prevents the State from making the
            determination), and implement an appropriate reduction of
            up to 10 percent of the entity's allocation for each
            species under subparagraph (C) for all or part of such 10-
            year period.
          (iv) Reallocation of reduced amount
            If the State or the Secretary reduces an entity's
          allocation under clause (iii), the reduction shall be
          reallocated among other entities participating in the program
          whose allocations are not reduced during the same period in
          proportion to each such entity's allocation of the applicable
          species under subparagraph (C).
        (I) Secretarial approval not required
          Notwithstanding any other provision of law or regulation
        thereunder, the approval by the Secretary of a community
        development plan, or an amendment thereof, under the program is
        not required.
        (J) Community development plan defined
          In this paragraph, the term "community development plan"
        means a plan, prepared by an entity referred to in subparagraph
        (D), for the program that describes how the entity intends - 
            (i) to harvest its share of fishery resources allocated to
          the program, or
            (ii) to use its share of fishery resources allocated to the
          program, and any revenue derived from such use, to assist its
          member villages with projects to advance economic
          development,

        but does not include a plan that allocates fishery resources to
        the program.
      (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 Pacific region;
        (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.
    (j) Western Pacific and Northern Pacific regional marine education
      and training
      (1) In general
        The Secretary shall establish a pilot program for regionally-
      based marine education and training programs in the Western
      Pacific and the Northern Pacific to foster understanding,
      practical use of knowledge (including native Hawaiian, Alaskan
      Native, and other Pacific Islander-based knowledge), and
      technical expertise relevant to stewardship of living marine
      resources. The Secretary shall, in cooperation with the Western
      Pacific and the North Pacific Regional Fishery Management
      Councils, regional educational institutions, and local Western
      Pacific and Northern Pacific community training entities,
      establish programs or projects that will improve communication,
      education, and training on marine resource issues throughout the
      region and increase scientific education for marine-related
      professions among coastal community residents, including
      indigenous Pacific islanders, Native Hawaiians, Alaskan Natives,
      and other underrepresented groups in the region.
      (2) Program components
        The program shall - 
          (A) include marine science and technology education and
        training programs focused on preparing community residents for
        employment in marine related professions, including marine
        resource conservation and management, marine science, marine
        technology, and maritime operations;
          (B) include fisheries and seafood-related training programs,
        including programs for fishery observers, seafood safety and
        seafood marketing, focused on increasing the involvement of
        coastal community residents in fishing, fishery management, and
        seafood-related operations;
          (C) include outreach programs and materials to educate and
        inform consumers about the quality and sustainability of wild
        fish or fish products farmed through responsible aquaculture,
        particularly in Hawaii, Alaska, the Western Pacific, the
        Northern Pacific, and the Central Pacific;
          (D) include programs to identify, with the fishing industry,
        methods and technologies that will improve the data collection,
        quality, and reporting and increase the sustainability of
        fishing practices, and to transfer such methods and
        technologies among fisheries sectors and to other nations in
        the Western, Northern, and Central Pacific;
          (E) develop means by which local and traditional knowledge
        (including Pacific islander, Native Hawaiian, and Alaskan
        Native knowledge) can enhance science-based management of
        fishery resources of the region; and
          (F) develop partnerships with other Western Pacific Island
        and Alaskan agencies, academic institutions, and other entities
        to meet the purposes of this section.
    (k) Multispecies groundfish
      (1) In general
        Within 60 days after January 12, 2007, the Secretary of
      Commerce shall determine whether fishing in State waters - 
          (A) without a New England multispecies groundfish fishery
        permit on regulated species within the multispecies complex is
        not consistent with the applicable Federal fishery management
        plan; or
          (B) without a Federal bottomfish and seamount groundfish
        permit in the Hawaiian archipelago on regulated species within
        the complex is not consistent with the applicable Federal
        fishery management plan or State data are not sufficient to
        make such a determination.
      (2) Cure
        If the Secretary makes a determination that such actions are
      not consistent with the plan, the Secretary shall, in
      consultation with the Council, and after notifying the affected
      State, develop and implement measures to cure the inconsistency
      pursuant to section 1856(b) of this title.

-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, Secs. 110(b)(2), 111(a)(1), (b), Nov. 28, 1990, 104
    Stat. 4451, 4452; Pub. L. 104-297, title I, Secs. 110(a)-(d),
    111(a), Oct. 11, 1996, 110 Stat. 3587-3590, 3592; Pub. L. 109-241,
    title IV, Sec. 416(a), July 11, 2006, 120 Stat. 540; Pub. L. 109-
    479, Sec. 3(d)(3), title I, Secs. 108-110, 116(b)(1), Jan. 12,
    2007, 120 Stat. 3578, 3594-3596, 3606.)

-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.
      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 12866, 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.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (c)(3)(B). Pub. L. 109-479, Sec. 108(a), which
    directed substitution of "186 days," for "180 days," the second
    time appearing, was executed by making the substitution the only
    place that phrase appeared, to reflect the probable intent of
    Congress.
      Subsec. (c)(3)(D). Pub. L. 109-479, Sec. 108(b), inserted "or
    interim measures" after "emergency regulations".
      Subsec. (h)(1). Pub. L. 109-479, Sec. 3(d)(3), substituted
    "limited access privileges," for "individual fishing quotas," in
    introductory provisions.
      Subsec. (i)(1)(B)(ii). Pub. L. 109-479, Sec. 116(b)(1)(C), which
    directed insertion of "The total allocation (directed and nontarget
    combined) for a fishery to which subclause (I) or (II) applies may
    not be exceeded." after cl. (ii), was executed by making the
    insertion as concluding provisions of cl. (ii), to reflect the
    probable intent of Congress.
      Subsec. (i)(1)(B)(ii)(I). Pub. L. 109-479, Sec. 116(b)(1)(A),
    substituted "total allocation (directed and nontarget combined) of
    10.7 percent effective January 1, 2008; and" for "directed fishing
    allocation of 10 percent upon the establishment of a quota program,
    fishing cooperative, sector allocation, or other rationalization
    program in any sector of the fishery; and".
      Subsec. (i)(1)(B)(ii)(II). Pub. L. 109-479, Sec. 116(b)(1)(B),
    substituted "total allocation (directed and nontarget combined) of
    10.7 percent." for "directed fishing allocation of 10 percent."
      Subsec. (i)(1)(C). Pub. L. 109-479, Sec. 116(b)(1)(D), inserted
    at end "Voluntary transfers by and among eligible entities shall be
    allowed, whether before or after harvesting. Notwithstanding the
    first sentence of this subparagraph, seven-tenths of one percent of
    the total allowable catch, guideline harvest level, or other annual
    catch limit, within the amount allocated to the program by
    subclause (I) or subclause (II) of subparagraph (B)(ii), shall be
    allocated among the eligible entities by the panel established in
    subparagraph (G), or allocated by the Secretary based on the
    nontarget needs of eligible entities in the absence of a panel
    decision."
      Subsec. (j). Pub. L. 109-479, Sec. 109, added subsec. (j).
      Subsec. (k). Pub. L. 109-479, Sec. 110, added subsec. (k).
      2006 - Subsec. (i)(1). Pub. L. 109-241 added par. (1) and struck
    out former par. (1) which related to the western Alaska community
    development quota program.
      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, Secs. 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)".

                     EFFECTIVE DATE OF 2007 AMENDMENT                 
      Pub. L. 109-479, title I, Sec. 116(b)(2), Jan. 12, 2007, 120
    Stat. 3606, provided that: "The allocation percentage in subclause
    (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as
    amended by paragraph (1) of this subsection, shall be in effect in
    2007 with respect to any sector of a fishery to which such
    subclause applies and in which a fishing cooperative is established
    in 2007, and such sector's 2007 allocation shall be reduced by a
    pro rata amount to accomplish such increased allocation to the
    program. For purposes of section 305(i)(1) of that Act [16 U.S.C.
    1855(i)(1)] and of this subsection [amending this section], the
    term 'fishing cooperative' means a fishing cooperative whether or
    not authorized by a fishery management council or Federal agency,
    if a majority of the participants in the sector are participants in
    the fishing cooperative."


-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.


-MISC2-
                  NO INTERRUPTION OF EXISTING ALLOCATIONS              
      Pub. L. 109-241, title IV, Sec. 416(b), July 11, 2006, 120 Stat.
    545, provided that: "The amendment made by subsection (a) [amending
    this section] shall not be construed or implemented in a way that
    causes any interruption in the allocations of fishery resources to
    the western Alaska community development quota program or in the
    opportunity of an entity participating in that program to harvest
    its share of such allocations."

    ELIGIBILITY TO PARTICIPATE IN WESTERN ALASKA COMMUNITY DEVELOPMENT
                               QUOTA PROGRAM
      Pub. L. 109-59, title X, Sec. 10206, Aug. 10, 2005, 119 Stat.
    1934, provided that: "A community shall be eligible to participate
    in the western Alaska community development quota program
    established under section 305(i) of the Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1855(i)) if the
    community - 
        "(1) is listed in table 7 to part 679 of title 50, Code of
      Federal Regulations, as in effect on March 8, 2004; or
        "(2) was determined to be eligible to participate in such
      program by the National Marine Fisheries Service on April 19,
      1999."

                    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              
      Pub. L. 104-297, title I, Sec. 111(b), Oct. 11, 1996, 110 Stat.
    3594, 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; Pub. L. 109-479, title II,
    Sec. 207, Jan. 12, 2007, 120 Stat. 3615, provided that:
      "(1) The Secretary of Commerce is authorized to make direct
    grants to eligible western Pacific communities, as recommended by
    the Western Pacific Fishery Management Council, for the purpose of
    establishing 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) In this subsection the term 'Western Pacific community'
    means a community eligible to participate under section
    305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1855(i)(2)(B)(i) through
    (iv))."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 1856                                            01/03/2007

-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.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a)(1), (2), (3)(C) and
    (b)(1)(A), 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.


-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; Pub. L. 109-479, title III, Sec. 302(e), Jan.
    12, 2007, 120 Stat. 3624, 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, 2016.
      "(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 status and management of the
    Dungeness Crab fishery located off the coasts of the States of
    Washington, Oregon, and California, including - 
        "(1) stock status and trends throughout its range;
        "(2) a description of applicable research and scientific review
      processes used to determine stock status and trends; and
        "(3) measures implemented or planned that are designed to
      prevent or end overfishing in the fishery."

      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.

-End-



-CITE-
    16 USC Sec. 1857                                            01/03/2007

-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 (!1) steal or attempt to steal or to negligently
        and without authorization remove, damage, or tamper with - 

            (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;
          (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;
          (Q) to import, export, transport, sell, receive, acquire, or
        purchase in interstate or foreign commerce any fish taken,
        possessed, transported, or sold in violation of any foreign law
        or regulation; or
          (R) to use any fishing vessel to engage in fishing in Federal
        or State waters, or on the high seas or in the waters of
        another country, after the Secretary has made a payment to the
        owner of that fishing vessel under section 1861a(b)(2) of this
        title.

      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, Secs.
    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; Pub.
    L. 109-479, title I, Sec. 118, Jan. 12, 2007, 120 Stat. 3607.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      Pub. L. 102-251, title III, Secs. 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                        
      This chapter, referred to in par. (1), 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 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.


-MISC1-
                                AMENDMENTS                            
      2007 - Par. (1)(Q), (R). Pub. L. 109-479 added subpars. (Q) and
    (R).
      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.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    16 USC Sec. 1858                                            01/03/2007

-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.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (g)(1), 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.


-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.

-End-



-CITE-
    16 USC Sec. 1859                                            01/03/2007

-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.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), 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.


-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.

-End-



-CITE-
    16 USC Sec. 1860                                            01/03/2007

-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                        
      This chapter, referred to in subsecs. (c), (d)(2), and (e), 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 customs laws, referred to in subsec. (c), are classified
    generally to Title 19, Customs Duties.


-MISC1-
                                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 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.

-End-



-CITE-
    16 USC Sec. 1861                                            01/03/2007

-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;
          (v) seize any other evidence related to any violation of any
        provision of this chapter; and
          (vi) access, directly or indirectly, for enforcement purposes
        any data or information required to be provided under this
        subchapter or regulations under this subchapter, including data
        from vessel monitoring systems, satellite-based maritime
        distress and safety systems, or any similar system, subject to
        the confidentiality provisions of section 1881a of this title;

        (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) Joint enforcement agreements
      (1) In general
        The Governor of an eligible State may apply to the Secretary
      for execution of a joint enforcement agreement with the Secretary
      that will authorize the deputization and funding of State law
      enforcement officers with marine law enforcement responsibilities
      to perform duties of the Secretary relating to law enforcement
      provisions under this subchapter or any other marine resource law
      enforced by the Secretary. Upon receiving an application meeting
      the requirements of this subsection, the Secretary may enter into
      a joint enforcement agreement with the requesting State.
      (2) Eligible State
        A State is eligible to participate in the cooperative
      enforcement agreements under this section if it is in, or
      bordering on, the Atlantic Ocean (including the Caribbean Sea),
      the Pacific Ocean, the Arctic Ocean, the Gulf of Mexico, Long
      Island Sound, or 1 or more of the Great Lakes.
      (3) Requirements
        Joint enforcement agreements executed under paragraph (1) - 
          (A) shall be consistent with the purposes and intent of this
        section to the extent applicable to the regulated activities;
          (B) may include specifications for joint management
        responsibilities as provided by section 1525 of title 15; and
          (C) shall provide for confidentiality of data and information
        submitted to the State under section 1881a of this title.
      (4) Allocation of funds
        The Secretary shall include in each joint enforcement agreement
      an allocation of funds to assist in management of the agreement.
      The allocation shall be fairly distributed among all eligible
      States participating in cooperative enforcement agreements under
      this subsection, based upon consideration of Federal marine
      enforcement needs, the specific marine conservation enforcement
      needs of each participating eligible State, and the capacity of
      the State to undertake the marine enforcement mission and assist
      with enforcement needs. The agreement may provide for amounts to
      be withheld by the Secretary for the cost of any technical or
      other assistance provided to the State by the Secretary under the
      agreement.
    (i) Improved data sharing
      (1) In general
        Notwithstanding any other provision of this chapter, as soon as
      practicable but no later than 21 months after January 12, 2007,
      the Secretary shall implement data-sharing measures to make any
      data required to be provided by this chapter from satellite-based
      maritime distress and safety systems, vessel monitoring systems,
      or similar systems - 
          (A) directly accessible by State enforcement officers
        authorized under subsection (a) of this section; and
          (B) available to a State management agency involved in, or
        affected by, management of a fishery if the State has entered
        into an agreement with the Secretary under section
        1881a(b)(1)(B) of this title.
      (2) Agreement required
        The Secretary shall promptly enter into an agreement with a
      State under section 1881a(b)(1)(B) of this title if - 
          (A) the Attorney General or highest ranking legal officer of
        the State provides a written opinion or certification that
        State law allows the State to maintain the confidentiality of
        information required by Federal law to be kept confidential; or
          (B) the Secretary is provided other reasonable assurance that
        the State can and will protect the identity or business of any
        person to which such information relates.
    (j) 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, Secs. 13, 15(c), Jan. 12, 1983, 96 Stat.
    2491, 2493; Pub. L. 99-659, title I, Secs. 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; Pub. L. 109-479, title I, Sec.
    111(a), Jan. 12, 2007, 120 Stat. 3596.)


-STATAMEND-
                      AMENDMENT OF SUBSECTION (B)(2)                  
      Pub. L. 102-251, title III, Secs. 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                        
      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.
      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.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (b)(1)(A)(vi). Pub. L. 109-479, Sec. 111(a)(1)-
    (3), added cl. (vi).
      Subsecs. (h) to (j). Pub. L. 109-479, Sec. 111(a)(4), (5), added
    subsecs. (h) and (i) and redesignated former subsec. (h) as (j).
      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.


-MISC2-
               INTEGRATION OF VESSEL MONITORING SYSTEM DATA           
      Pub. L. 109-241, title VIII, Sec. 803, July 11, 2006, 120 Stat.
    563, provided that: "The Secretary of the department in which the
    Coast Guard is operating shall integrate vessel monitoring system
    data into its maritime operations databases for the purpose of
    improving monitoring and enforcement of Federal fisheries laws and
    work with the Under Secretary of Commerce for Oceans and Atmosphere
    to ensure effective use of such data for monitoring and
    enforcement."

     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.

-End-



-CITE-
    16 USC Sec. 1861a                                           01/03/2007

-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, including
      regulatory restrictions (including those imposed as a result of
      judicial action) imposed to protect human health or the marine
      environment; 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 2007 through
    2013.
    (b) Fishing capacity reduction program
      (1) The Secretary, at the request of the appropriate Council for
    fisheries under the authority of such Council, the Governor of a
    State for fisheries under State authority, or a majority of permit
    holders in the fishery, may conduct a voluntary 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,
        practicable 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, in the instance of a program
      involving an industry fee system, prospectively capable of
      repaying any debt obligation incurred under section 53735 of
      title 46.

      (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 the permit authorizing
      the participation of the vessel in the fishery is surrendered for
      permanent revocation and the vessel owner and permit holder
      relinquish any claim associated with the vessel or permit that
      could qualify such owner or holder for any present or future
      limited access system permit in the fishery for which the program
      is established or in any other fishery and such vessel is (i)
      scrapped, or (ii) through the Secretary of the department in
      which the Coast Guard is operating, subjected to title
      restrictions (including loss of the vessel's fisheries
      endorsement) that permanently prohibit and effectively prevent
      its use in fishing in federal (!1) or state (!1) waters, or
      fishing on the high seas or in the waters of a foreign nation; 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 harvester proponents of each program and the Secretary
    shall consult, as appropriate and practicable, 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.
      (5) Payment condition. - The Secretary may not make a payment
    under paragraph (2) with respect to a vessel that will not be
    scrapped unless the Secretary certifies that the vessel will not be
    used for fishing in the waters of a foreign nation or fishing on
    the high seas.
      (6) Report. - 
        (A) In general. - Subject to the availability of funds, the
      Secretary shall, within 12 months after January 12, 2007, submit
      to the Congress a report - 
          (i) identifying and describing the 20 fisheries in United
        States waters with the most severe examples of excess
        harvesting capacity in the fisheries, based on value of each
        fishery and the amount of excess harvesting capacity as
        determined by the Secretary;
          (ii) recommending measures for reducing such excess
        harvesting capacity, including the retirement of any latent
        fishing permits that could contribute to further excess
        harvesting capacity in those fisheries; and
          (iii) potential sources of funding for such measures.

        (B) Basis for recommendations. - The Secretary shall base the
      recommendations made with respect to a fishery on - 
          (i) the most cost effective means of achieving voluntary
        reduction in capacity for the fishery using the potential for
        industry financing; and
          (ii) including measures to prevent the capacity that is being
        removed from the fishery from moving to other fisheries in the
        United States, in the waters of a foreign nation, or on the
        high seas.
    (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
      53735 of title 46; 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 53735 of
    title 46.
    (d) Industry fee system
      (1)(A) If an industry fee system is necessary to fund the
    program, the Secretary may conduct a referendum on such system.
    Prior to the referendum, the Secretary 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 at least a majority of the permit holders in the
    fishery, or 50 percent of the permitted allocation of the fishery,
    who participated in the fishery.
      (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 53735 of title 46. 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, unless the Secretary determines
      that such fees should be collected from the seller; and
        (D) be in effect only until such time as the debt obligation
      has been fully paid.
    (e) Implementation plan
      (1) Framework regulations
        The Secretary shall propose and adopt framework regulations
      applicable to the implementation of all programs under this
      section.
      (2) Program regulations
        The Secretary shall implement each program under this section
      by promulgating regulations that, together with the framework
      regulations, establish each program and control its
      implementation.
      (3) Harvester proponents' implementation plan
        The Secretary may not propose implementation regulations for a
      program to be paid for by an industry fee system until the
      harvester proponents of the program provide to the Secretary a
      proposed implementation plan that, among other matters - 
          (A) proposes the types and numbers of vessels or permits that
        are eligible to participate in the program and the manner in
        which the program shall proceed, taking into account - 
            (i) the requirements of this section;
            (ii) the requirements of the framework regulations;
            (iii) the characteristics of the fishery and affected
          fishing communities;
            (iv) the requirements of the applicable fishery management
          plan and any amendment that such plan may require to support
          the proposed program;
            (v) the general needs and desires of harvesters in the
          fishery;
            (vi) the need to minimize program costs; and
            (vii) other matters, including the manner in which such
          proponents propose to fund the program to ensure its cost
          effectiveness, as well as any relevant factors demonstrating
          the potential for, or necessary to obtain, the support and
          general cooperation of a substantial number of affected
          harvesters in the fishery (or portion of the fishery) for
          which the program is intended; and

          (B) proposes procedures for program participation (such as
        submission of owner bids under an auction system or fair market-
        value assessment), including any terms and conditions for
        participation, that the harvester proponents deem to be
        reasonably necessary to meet the program's proposed objectives.
      (4) Participation contracts
        The Secretary shall contract with each person participating in
      a program, and each such contract shall, in addition to including
      such other matters as the Secretary deems necessary and
      appropriate to effectively implement each program (including
      penalties for contract non-performance) be consistent with the
      framework and implementing regulations and all other applicable
      law.
      (5) Reduction auctions
        Each program not involving fair market assessment shall involve
      a reduction auction that scores the reduction price of each bid
      offer by the data relevant to each bidder under an appropriate
      fisheries productivity factor. If the Secretary accepts bids, the
      Secretary shall accept responsive bids in the rank order of their
      bid scores, starting with the bid whose reduction price is the
      lowest percentage of the productivity factor, and successively
      accepting each additional responsive bid in rank order until
      either there are no more responsive bids or acceptance of the
      next bid would cause the total value of bids accepted to exceed
      the amount of funds available for the program.
      (6) Bid invitations
        Each program shall proceed by the Secretary issuing invitations
      to bid setting out the terms and conditions for participation
      consistent with the framework and implementing regulations. Each
      bid that the Secretary receives in response to the invitation to
      bid shall constitute an irrevocable offer from the bidder.

-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; amended Pub.
    L. 109-479, title I, Sec. 112(a), Jan. 12, 2007, 120 Stat. 3598.)

-COD-
                               CODIFICATION                           
      In subsecs. (b)(1)(C), (c)(1)(C), (2), and (d)(2), "section 53735
    of title 46" substituted for "section 1111 of title XI of the
    Merchant Marine Act, 1936" on authority of Pub. L. 109-304, Sec.
    18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section
    53735 of Title 46, Shipping.


-MISC1-
                             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.

                                AMENDMENTS                            
      2007 - Subsec. (a)(1)(B). Pub. L. 109-479, Sec. 112(a)(1),
    substituted "measures, including regulatory restrictions (including
    those imposed as a result of judicial action) imposed to protect
    human health or the marine environment;" for "measures;".
      Subsec. (a)(4). Pub. L. 109-479, Sec. 112(a)(2), substituted
    "2007 through 2013." for "1996, 1997, 1998, and 1999."
      Subsec. (b)(1). Pub. L. 109-479, Sec. 112(a)(3), in introductory
    provisions, substituted "the Governor of a State for fisheries
    under State authority, or a majority of permit holders in the
    fishery, may conduct a voluntary fishing" for "or the Governor of a
    State for fisheries under State authority, may conduct a fishing".
      Subsec. (b)(1)(B)(i). Pub. L. 109-479, Sec. 112(a)(4), inserted
    "practicable" after "entrants,".
      Subsec. (b)(1)(C). Pub. L. 109-479, Sec. 112(a)(5), substituted
    "cost-effective and, in the instance of a program involving an
    industry fee system, prospectively" for "cost-effective and".
      Subsec. (b)(2)(A). Pub. L. 109-479, Sec. 112(a)(6), added subpar.
    (A) and struck out former subpar. (A) which read as follows: "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".
      Subsec. (b)(4). Pub. L. 109-479, Sec. 112(a)(7), substituted "The
    harvester proponents of each program and the Secretary shall
    consult, as appropriate and practicable, with Councils," for "The
    Secretary shall consult, as appropriate, with Councils,".
      Subsec. (b)(5), (6). Pub. L. 109-479, Sec. 112(a)(8), added pars.
    (5) and (6).
      Subsec. (d)(1)(A). Pub. L. 109-479, Sec. 112(a)(9), (10), in
    introductory provisions, substituted "Secretary" for "Secretary, at
    the request of the appropriate Council," before "may conduct" and
    "Secretary" for "Secretary, in consultation with the Council,"
    before "shall - ".
      Subsec. (d)(1)(B). Pub. L. 109-479, Sec. 112(a)(11), substituted
    "at least a majority of the permit holders in the fishery, or 50
    percent of the permitted allocation of the fishery, who
    participated in the fishery." for "a two-thirds majority of the
    participants voting."
      Subsec. (d)(2)(C). Pub. L. 109-479, Sec. 112(a)(12), substituted
    "establish, unless the Secretary determines that such fees should
    be collected from the seller;" for "establish;".
      Subsec. (e). Pub. L. 109-479, Sec. 112(a)(13), added subsec. (e)
    and struck out former subsec. (e) which related to implementation
    plan.

                              EFFECTIVE DATE                          
      Pub. L. 109-479, title I, Sec. 112(b), Jan. 12, 2007, 120 Stat.
    3601, provided that: "Sections 116, 203, 204, 205, and 206 of the
    Sustainable Fisheries Act [Pub. L. 104-297, see Tables for
    classification] are deemed to have added sections 312, 402, 403,
    404, and 405 [16 U.S.C. 1861a, 1881a to 1881d], respectively to the
    Act [Pub. L. 94-265] as of the date of enactment of the Sustainable
    Fisheries Act [Oct. 11, 1996]."

                 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."

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    16 USC Sec. 1861b                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
    Sec. 1861b. Fisheries enforcement plans and reporting

-STATUTE-
    (a) Fisheries enforcement plans
      In preparing the Coast Guard's annual fisheries enforcement plan,
    the Commandant of the Coast Guard shall consult with the Under
    Secretary of Commerce for Oceans and Atmosphere and with State and
    local enforcement authorities.
    (b) Fishery patrols
      Prior to undertaking fisheries patrols, the Commandant of the
    Coast Guard shall notify the Under Secretary of Commerce for Oceans
    and Atmosphere and appropriate State and local enforcement
    authorities of the projected dates for such patrols.
    (c) Annual summary
      The Commandant of the Coast Guard shall prepare and make
    available to the Under Secretary of Commerce for Oceans and
    Atmosphere, State and local enforcement entities, and other
    relevant stakeholders, an annual summary report of fisheries
    enforcement activities for the preceding year, including a summary
    of the number of patrols, law enforcement actions taken, and
    resource hours expended.

-SOURCE-
    (Pub. L. 108-293, title II, Sec. 224, Aug. 9, 2004, 118 Stat.
    1040.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Coast Guard and Maritime
    Transportation Act of 2004, and not as part of the Magnuson-Stevens
    Fishery Conservation and Management Act which comprises this
    chapter.

-End-



-CITE-
    16 USC Sec. 1862                                            01/03/2007

-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 any fishery under the
    Council's jurisdiction except a salmon fishery 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, or system,(!1) of fees, which may
      vary by fishery, management area, or observer coverage level, to
      pay for the cost 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,
      or electronic monitoring systems, 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 fixed amount reflecting actual observer
      costs as described in subparagraph (A) or 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 some or all fishing vessels and United
      States fish processors, including those not required to carry an
      observer or an electronic monitoring system 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;
        (I) provide that fees collected will be credited against any
      fee for stationing observers or electronic monitoring systems on
      board fishing vessels and United States fish processors and the
      actual cost of inputting collected data to which a fishing vessel
      or fish processor is subject under section 1854(d) of this title;
      and
        (J) 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.
    (j) Bering Sea and Aleutian Islands crab rationalization
      (1) By not later than January 1, 2005, the Secretary shall
    approve and hereafter (!2) implement by regulation the Voluntary
    Three-Pie Cooperative Program for crab fisheries of the Bering Sea
    and Aleutian Islands approved by the North Pacific Fishery
    Management Council between June 2002 and April 2003, and all
    trailing amendments including those reported to Congress on May 6,
    2003. This section shall not preclude the Secretary from approving
    by January 1, 2005, and implementing any subsequent program
    amendments approved by the Council.

      (2) Notwithstanding any other provision of this chapter, in
    carrying out paragraph (1) the Secretary shall approve all parts of
    the Program referred to in such paragraph. Further, no part of such
    Program may be implemented if, as approved by the North Pacific
    Fishery Management Council, individual fishing quotas, processing
    quotas, community development quota allocation, voluntary
    cooperatives, binding arbitration, regional landing and processing
    requirements, community protections, economic data collection, or
    the loan program for crab fishing vessel captains and crew members,
    is invalidated subject to a judicial determination not subject to
    judicial appeal. If the Secretary determines that a processor has
    leveraged its Individual Processor Quota shares to acquire a
    harvesters open-delivery "B shares", the processor's Individual
    Processor Quota shares shall be forfeited.
      (3) Subsequent to implementation pursuant to paragraph (1), the
    Council may submit and the Secretary may implement changes to or
    repeal of conservation and management measures, including measures
    authorized in this section, for crab fisheries of the Bering Sea
    and Aleutian Islands in accordance with applicable law, including
    this chapter as amended by this subsection, to achieve on a
    continuing basis the purposes identified by the Council.
      (4) The loan program referred to in paragraph (2) shall be
    carried out pursuant to the authority of sections 53735 and
    53702(b) of title 46.
      (5) For purposes of implementing this section $1,000,000 shall be
    made available each year until fully implemented from funds
    otherwise made available to the National Marine Fisheries Service
    for Alaska fisheries activities.
      (6) Nothing in this chapter shall constitute a waiver, either
    express or implied, of the antitrust laws of the United States. The
    Secretary, in consultation with the Department of Justice and the
    Federal Trade Commission, shall develop and implement a mandatory
    information collection and review process to provide any and all
    information necessary for the Department of Justice and the Federal
    Trade Commission to determine whether any illegal acts of anti-
    competition, anti-trust, or price collusion have occurred among
    persons receiving individual processing quotas under the Program.
    The Secretary may revoke any individual processing quota held by
    any person found to have violated a provision of the antitrust laws
    of the United States.
      (7) An individual processing quota issued under the Program shall
    be considered a permit for the purposes of sections 1857, 1858, and
    1859 of this title, and may be revoked or limited at any time in
    accordance with this chapter. Issuance of an individual processing
    quota under the program shall not confer any right of compensation
    to the holder of such individual processing quota if it is revoked
    or limited and shall not create, or be construed to create, any
    right, title, or interest in or to any fish before the fish is
    purchased from an individual fishing quota holder.
      (8) The restriction on the collection of economic data in section
    1853 of this title shall not apply with respect to any fish
    processor who is eligible for, or who has received, individual
    processing quota under the Program. The restriction on the
    disclosure of information in section 1881a(b)(1) of this title
    shall not apply when the information is used to determine
    eligibility for or compliance with an individual processing quota
    program.
      (9) The provisions of sections 1858, 1860, and 1861 of this title
    shall apply to the processing facilities and fish products of any
    person holding individual processing quota, and the provisions of
    subparagraphs (D), (E), and (L) of section 1857(l) (!3) of this
    title shall apply to any facility owned or controlled by a person
    holding individual processing quota.


-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;
    Pub. L. 108-199, div. B, title VIII, Sec. 801, Jan. 23, 2004, 118
    Stat. 108; Pub. L. 109-479, title II, Sec. 214, Jan. 12, 2007, 120
    Stat. 3619.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (g)(1), (h)(1), and (j)(2),
    (3), (6), (7), 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.
      Hereafter, referred to in subsec. (j)(1), probably means on and
    after the date of enactment of Pub. L. 108-199, which enacted
    subsec. (j) of this section and was approved Jan. 23, 2004.

-COD-
                               CODIFICATION                           
      In subsec. (j)(4), "sections 53735 and 53702(b) of title 46"
    substituted for "sections 1111 and 1112 of title XI of the Merchant
    Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g)" on authority of
    Pub. L. 109-304, Sec. 18(c), Oct. 6, 2006, 120 Stat. 1709, which
    Act enacted sections 53702 and 53735 of Title 46, Shipping.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (a). Pub. L. 109-479, Sec. 214(1), substituted
    "any fishery under the Council's jurisdiction except a salmon
    fishery" for "all fisheries under the Council's jurisdiction except
    salmon fisheries" in introductory provisions.
      Subsec. (a)(2). Pub. L. 109-479, Sec. 214(2), added par. (2) and
    struck out former par. (2) which read as follows: "establishes a
    system of fees to pay for the costs of implementing the plan."
      Subsec. (b)(2)(A). Pub. L. 109-479, Sec. 214(3), substituted
    "observers, or electronic monitoring systems," for "observers".
      Subsec. (b)(2)(E). Pub. L. 109-479, Sec. 214(4), inserted "a
    fixed amount reflecting actual observer costs as described in
    subparagraph (A) or" after "expressed as".
      Subsec. (b)(2)(F). Pub. L. 109-479, Sec. 214(5), (6), inserted
    "some or" after "against" and "or an electronic monitoring system"
    after "observer".
      Subsec. (b)(2)(I), (J). Pub. L. 109-479, Sec. 214(7), (8), added
    subpar. (I) and redesignated former subpar. (I) as (J).
      2004 - Subsec. (j). Pub. L. 108-199 added subsec. (j).
      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".

-FOOTNOTE-
    (!1) So in original.

    (!2) See References in Text note below.

    (!3) So in original. Probably should be section "1857(1)".


-End-



-CITE-
    16 USC Sec. 1863                                            01/03/2007

-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 (!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.

      (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                        
      This chapter, referred to in subsec. (a)(3), 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 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.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(4). Pub. L. 104-297 substituted "1999" for
    "1997".

-FOOTNOTE-
    (!1) So in original. Probably should be "paragraph".


-End-



-CITE-
    16 USC Sec. 1864                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
    Sec. 1864. Regional coastal disaster assistance, transition, and
      recovery program

-STATUTE-
    (a) In general
      When there is a catastrophic regional fishery disaster the
    Secretary may, upon the request of, and in consultation with, the
    Governors of affected States, establish a regional economic
    transition program to provide immediate disaster relief assistance
    to the fishermen, charter fishing operators, United States fish
    processors, and owners of related fishery infrastructure affected
    by the disaster.
    (b) Program components
      (1) In general
        Subject to the availability of appropriations, the program
      shall provide funds or other economic assistance to affected
      entities, or to governmental entities for disbursement to
      affected entities, for - 
          (A) meeting immediate regional shoreside fishery
        infrastructure needs, including processing facilities, cold
        storage facilities, ice houses, docks, including temporary
        docks and storage facilities, and other related shoreside
        fishery support facilities and infrastructure while ensuring
        that those projects will not result in an increase or
        replacement of fishing capacity;
          (B) financial assistance and job training assistance for
        fishermen who wish to remain in a fishery in the region that
        may be temporarily closed as a result of environmental or other
        effects associated with the disaster;
          (C) funding, pursuant to the requirements of section 1861a(b)
        of this title, to fishermen who are willing to scrap a fishing
        vessel and permanently surrender permits for fisheries named on
        that vessel; and
          (D) any other activities authorized under section 1861a of
        this title or section 4107(d) of this title.
      (2) Job training
        Any fisherman who decides to scrap a fishing vessel under the
      program shall be eligible for job training assistance.
      (3) State participation obligation
        The participation by a State in the program shall be
      conditioned upon a commitment by the appropriate State entity to
      ensure that the relevant State fishery meets the requirements of
      section 1861a(b) of this title to ensure excess capacity does not
      re-enter the fishery.
      (4) No matching required
        The Secretary may waive the matching requirements of section
      1861a of this title, section 4107 of this title, and any other
      provision of law under which the Federal share of the cost of any
      activity is limited to less than 100 percent if the Secretary
      determines that - 
          (A) no reasonable means are available through which
        applicants can meet the matching requirement; and
          (B) the probable benefit of 100 percent Federal financing
        outweighs the public interest in imposition of the matching
        requirement.
      (5) Net revenue limit inapplicable
        Section 4107(d)(3) of this title shall not apply to assistance
      under this section.
    (c) Regional impact evaluation
      Within 2 months after a catastrophic regional fishery disaster
    the Secretary shall provide the Governor of each State
    participating in the program a comprehensive economic and socio-
    economic evaluation of the affected region's fisheries to assist
    the Governor in assessing the current and future economic viability
    of affected fisheries, including the economic impact of foreign
    fish imports and the direct, indirect, or environmental impact of
    the disaster on the fishery and coastal communities.
    (d) Catastrophic regional fishery disaster defined
      In this section the term "catastrophic regional fishery disaster"
    means a natural disaster, including a hurricane or tsunami, or a
    regulatory closure (including regulatory closures resulting from
    judicial action) to protect human health or the marine environment,
    that - 
        (1) results in economic losses to coastal or fishing
      communities;
        (2) affects more than 1 State or a major fishery managed by a
      Council or interstate fishery commission; and
        (3) is determined by the Secretary to be a commercial fishery
      failure under section 1861a(a) of this title or a fishery
      resource disaster or section 4107(d) of this title.

-SOURCE-
    (Pub. L. 94-265, title III, Sec. 315, as added Pub. L. 109-479,
    title I, Sec. 113(a), Jan. 12, 2007, 120 Stat. 3601.)


-MISC1-
                  FISHERIES HURRICANE ASSISTANCE PROGRAM              
      Pub. L. 109-479, title I, Sec. 115, Jan. 12, 2007, 120 Stat.
    3604, provided that:
      "(a) In General. - The Secretary of Commerce shall establish an
    assistance program for the Gulf of Mexico commercial and
    recreational fishing industry.
      "(b) Allocation of Funds. - Under the program, the Secretary
    shall allocate funds appropriated to carry out the program among
    the States of Alabama, Louisiana, Florida, Mississippi, and Texas
    in proportion to the percentage of the fishery (including crawfish)
    catch landed by each State before August 29, 2005, except that the
    amount allocated to Florida shall be based exclusively on the
    proportion of such catch landed by the Florida Gulf Coast fishery.
      "(c) Use of Funds. - Of the amounts made available to each State
    under the program - 
        "(1) 2 percent shall be retained by the State to be used for
      the distribution of additional payments to fishermen with a
      demonstrated record of compliance with turtle excluder and
      bycatch reduction device regulations; and
        "(2) the remainder of the amounts shall be used for - 
          "(A) personal assistance, with priority given to food, energy
        needs, housing assistance, transportation fuel, and other
        urgent needs;
          "(B) assistance for small businesses, including fishermen,
        fish processors, and related businesses serving the fishing
        industry;
          "(C) domestic product marketing and seafood promotion;
          "(D) State seafood testing programs;
          "(E) the development of limited entry programs for the
        fishery;
          "(F) funding or other incentives to ensure widespread and
        proper use of turtle excluder devices and bycatch reduction
        devices in the fishery; and
          "(G) voluntary capacity reduction programs for shrimp
        fisheries under limited access programs.
      "(d) Authorization of Appropriations. - There are authorized to
    be appropriated to the Secretary of Commerce $17,500,000 for each
    of fiscal years 2007 through 2012 to carry out this section."

-End-



-CITE-
    16 USC Sec. 1865                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
    Sec. 1865. Bycatch reduction engineering program

-STATUTE-
    (a) Bycatch reduction engineering program
      Not later than 1 year after January 12, 2007, the Secretary, in
    cooperation with the Councils and other affected interests, and
    based upon the best scientific information available, shall
    establish a bycatch reduction program, including grants, to develop
    technological devices and other conservation engineering changes
    designed to minimize bycatch, seabird interactions, bycatch
    mortality, and post-release mortality in Federally managed
    fisheries. The program shall - 
        (1) be regionally based;
        (2) be coordinated with projects conducted under the
      cooperative research and management program established under
      this chapter;
        (3) provide information and outreach to fishery participants
      that will encourage adoption and use of technologies developed
      under the program; and
        (4) provide for routine consultation with the Councils in order
      to maximize opportunities to incorporate results of the program
      in Council actions and provide incentives for adoption of methods
      developed under the program in fishery management plans developed
      by the Councils.
    (b) Incentives
      Any fishery management plan prepared by a Council or by the
    Secretary may establish a system of incentives to reduce total
    bycatch and seabird interactions, amounts, bycatch rates, and post-
    release mortality in fisheries under the Council's or Secretary's
    jurisdiction, including - 
        (1) measures to incorporate bycatch into quotas, including the
      establishment of collective or individual bycatch quotas;
        (2) measures to promote the use of gear with verifiable and
      monitored low bycatch and seabird interactions, rates; and
        (3) measures that, based on the best scientific information
      available, will reduce bycatch and seabird interactions, bycatch
      mortality, post-release mortality, or regulatory discards in the
      fishery.
    (c) Coordination on seabird interactions
      The Secretary, in coordination with the Secretary of (!1)
    Interior, is authorized to undertake projects in cooperation with
    industry to improve information and technology to reduce seabird
    bycatch, including - 

        (1) outreach to industry on new technologies and methods;
        (2) projects to mitigate for seabird mortality; and
        (3) actions at appropriate international fishery organizations
      to reduce seabird interactions in fisheries.
    (d) Report
      The Secretary shall transmit an annual report to the Senate
    Committee on Commerce, Science, and Transportation and the House of
    Representatives Committee on Resources that - 
        (1) describes funding provided to implement this section;
        (2) describes developments in gear technology achieved under
      this section; and
        (3) describes improvements and reduction in bycatch and seabird
      interactions associated with implementing this section, as well
      as proposals to address remaining bycatch or seabird interaction
      problems.

-SOURCE-
    (Pub. L. 94-265, title III, Sec. 316, as added Pub. L. 109-479,
    title I, Sec. 116(a), Jan. 12, 2007, 120 Stat. 3605.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a)(2), 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.

-FOOTNOTE-
    (!1) So in original. Probably should be "of the".


-End-



-CITE-
    16 USC Sec. 1866                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
    Sec. 1866. Shark feeding

-STATUTE-
      Except to the extent determined by the Secretary, or under State
    law, as presenting no public health hazard or safety risk, or when
    conducted as part of a research program funded in whole or in part
    by appropriated funds, it is unlawful to introduce, or attempt to
    introduce, food or any other substance into the water to attract
    sharks for any purpose other than to harvest sharks within the
    Exclusive Economic Zone seaward of the State of Hawaii and of the
    Commonwealths, territories, and possessions of the United States in
    the Pacific Ocean Area.

-SOURCE-
    (Pub. L. 94-265, title III, Sec. 317, as added Pub. L. 109-479,
    title I, Sec. 119, Jan. 12, 2007, 120 Stat. 3607.)

-End-



-CITE-
    16 USC Sec. 1867                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
    Sec. 1867. Cooperative research and management program

-STATUTE-
    (a) In general
      The Secretary of Commerce, in consultation with the Councils,
    shall establish a cooperative research and management program to
    address needs identified under this chapter and under any other
    marine resource laws enforced by the Secretary. The program shall
    be implemented on a regional basis and shall be developed and
    conducted through partnerships among Federal, State, and Tribal
    managers and scientists (including interstate fishery commissions),
    fishing industry participants (including use of commercial charter
    or recreational vessels for gathering data), and educational
    institutions.
    (b) Eligible projects
      The Secretary shall make funds available under the program for
    the support of projects to address critical needs identified by the
    Councils in consultation with the Secretary. The program shall
    promote and encourage efforts to utilize sources of data maintained
    by other Federal agencies, State agencies, or academia for use in
    such projects.
    (c) Funding
      In making funds available the Secretary shall award funding on a
    competitive basis and based on regional fishery management needs,
    select programs that form part of a coherent program of research
    focused on solving priority issues identified by the Councils, and
    shall give priority to the following projects:
        (1) Projects to collect data to improve, supplement, or enhance
      stock assessments, including the use of fishing vessels or
      acoustic or other marine technology.
        (2) Projects to assess the amount and type of bycatch or post-
      release mortality occurring in a fishery.
        (3) Conservation engineering projects designed to reduce
      bycatch, including avoidance of post-release mortality, reduction
      of bycatch in high seas fisheries, and transfer of such fishing
      technologies to other nations.
        (4) Projects for the identification of habitat areas of
      particular concern and for habitat conservation.
        (5) Projects designed to collect and compile economic and
      social data.
    (d) Experimental permitting process
      Not later than 180 days after January 12, 2007, the Secretary, in
    consultation with the Councils, shall promulgate regulations that
    create an expedited, uniform, and regionally-based process to
    promote issuance, where practicable, of experimental fishing
    permits.
    (e) Guidelines
      The Secretary, in consultation with the Councils, shall establish
    guidelines to ensure that participation in a research project
    funded under this section does not result in loss of a
    participant's catch history or unexpended days-at-sea as part of a
    limited entry system.
    (f) Exempted projects
      The procedures of this section shall not apply to research funded
    by quota set-asides in a fishery.

-SOURCE-
    (Pub. L. 94-265, title III, Sec. 318, as added Pub. L. 109-479,
    title II, Sec. 204, Jan. 12, 2007, 120 Stat. 3614.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), 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.

-End-



-CITE-
    16 USC Sec. 1868                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
    Sec. 1868. Herring study

-STATUTE-
    (a) In general
      The Secretary may conduct a cooperative research program to study
    the issues of abundance, distribution and the role of herring as
    forage fish for other commercially important fish stocks in the
    Northwest Atlantic, and the potential for local scale depletion
    from herring harvesting and how it relates to other fisheries in
    the Northwest Atlantic. In planning, designing, and implementing
    this program, the Secretary shall engage multiple fisheries sectors
    and stakeholder groups concerned with herring management.
    (b) Report
      The Secretary shall present the final results of this study to
    Congress within 3 months following the completion of the study, and
    an interim report at the end of fiscal year 2008.
    (c) Authorization of appropriations
      There are authorized to be appropriated $2,000,000 for fiscal
    year 2007 through fiscal year 2009 to conduct this study.

-SOURCE-
    (Pub. L. 94-265, title III, Sec. 319, as added Pub. L. 109-479,
    title II, Sec. 205, Jan. 12, 2007, 120 Stat. 3615.)

-End-



-CITE-
    16 USC Sec. 1869                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
    Sec. 1869. Restoration study

-STATUTE-
    (a) In general
      The Secretary may conduct a study to update scientific
    information and protocols needed to improve restoration techniques
    for a variety of coast habitat types and synthesize the results in
    a format easily understandable by restoration practitioners and
    local communities.
    (b) Authorization of appropriations
      There are authorized to be appropriated $500,000 for fiscal year
    2007 to conduct this study.

-SOURCE-
    (Pub. L. 94-265, title III, Sec. 320, as added Pub. L. 109-479,
    title II, Sec. 206, Jan. 12, 2007, 120 Stat. 3615.)

-End-


-CITE-
    16 USC SUBCHAPTER V - FISHERY MONITORING AND RESEARCH       01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-
              SUBCHAPTER V - FISHERY MONITORING AND RESEARCH          

-End-



-CITE-
    16 USC Sec. 1881                                            01/03/2007

-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 (!1) 1853(a)(5)
      of this title or requested by the Council under section 1881a of
      this title.

    (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) Recreational fisheries
      (1) Federal program
        The Secretary shall establish and implement a regionally based
      registry program for recreational fishermen in each of the 8
      fishery management regions. The program, which shall not require
      a fee before January 1, 2011, shall provide for - 
          (A) the registration (including identification and contact
        information) of individuals who engage in recreational fishing -
         
            (i) in the Exclusive Economic Zone;
            (ii) for anadromous species; or
            (iii) for Continental Shelf fishery resources beyond the
          Exclusive Economic Zone; and

          (B) if appropriate, the registration (including the
        ownership, operator, and identification of the vessel) of
        vessels used in such fishing.
      (2) State programs
        The Secretary shall exempt from registration under the program
      recreational fishermen and charter fishing vessels licensed,
      permitted, or registered under the laws of a State if the
      Secretary determines that information from the State program is
      suitable for the Secretary's use or is used to assist in
      completing marine recreational fisheries statistical surveys, or
      evaluating the effects of proposed conservation and management
      measures for marine recreational fisheries.
      (3) Data collection
        (A) Improvement of the marine recreational fishery statistics
          survey
          Within 24 months after January 12, 2007, the Secretary, in
        consultation with representatives of the recreational fishing
        industry and experts in statistics, technology, and other
        appropriate fields, shall establish a program to improve the
        quality and accuracy of information generated by the Marine
        Recreational Fishery Statistics Survey, with a goal of
        achieving acceptable accuracy and utility for each individual
        fishery.
        (B) NRC report recommendations
          The program shall take into consideration and, to the extent
        feasible, implement the recommendations of the National
        Research Council in its report Review of Recreational Fisheries
        Survey Methods (2006), including - 
            (i) redesigning the Survey to improve the effectiveness and
          appropriateness of sampling and estimation procedures, its
          applicability to various kinds of management decisions, and
          its usefulness for social and economic analyses; and
            (ii) providing for ongoing technical evaluation and
          modification as needed to meet emerging management needs.
        (C) Methodology
          Unless the Secretary determines that alternate methods will
        achieve this goal more efficiently and effectively, the program
        shall, to the extent possible, include - 
            (i) an adequate number of intercepts to accurately estimate
          recreational catch and effort;
            (ii) use of surveys that target anglers registered or
          licensed at the State or Federal level to collect
          participation and effort data;
            (iii) collection and analysis of vessel trip report data
          from charter fishing vessels;
            (iv) development of a weather corrective factor that can be
          applied to recreational catch and effort estimates; and
            (v) an independent committee composed of recreational
          fishermen, academics, persons with expertise in stock
          assessments and survey design, and appropriate personnel from
          the National Marine Fisheries Service to review the
          collection estimates, geographic, and other variables related
          to dockside intercepts and to identify deficiencies in
          recreational data collection, and possible correction
          measures.
        (D) Deadline
          The Secretary shall complete the program under this paragraph
        and implement the improved Marine Recreational Fishery
        Statistics Survey not later than January 1, 2009.
      (4) Report
        Within 24 months after establishment of the program, the
      Secretary shall submit a report to Congress that describes the
      progress made toward achieving the goals and objectives of the
      program.

-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; amended Pub. L.
    109-479, title II, Sec. 201, Jan. 12, 2007, 120 Stat. 3611.)

-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.


-MISC1-
                             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.

                                AMENDMENTS                            
      2007 - Subsec. (g). Pub. L. 109-479 added subsec. (g) and struck
    out former subsec. (g) which required a report to Congress.


-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.

-FOOTNOTE-
    (!1) So in original. Probably should be "section".


-End-



-CITE-
    16 USC Sec. 1881a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-
    Sec. 1881a. Information collection

-STATUTE-
    (a) Collection programs
      (1) Council requests
        If a Council determines that additional information 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 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 paragraph regarding a Council request shall
      be made within a reasonable period of time after receipt of that
      request.
      (2) Secretarial initiation
        If the Secretary determines that additional information is
      necessary for developing, implementing, revising, or monitoring a
      fishery management plan, or for determining whether a fishery is
      in need of management, the Secretary may, by regulation,
      implement an information collection or observer program requiring
      submission of such additional information for the fishery.
    (b) Confidentiality of information
      (1) Any information submitted to the Secretary, a State fishery
    management agency, or a marine fisheries commission by any person
    in compliance with the requirements of 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, monitoring,
      or enforcement;
        (B) to State or Marine Fisheries Commission employees as
      necessary to further the Department's mission, subject to a
      confidentiality agreement that prohibits public disclosure of the
      identity of business of any person;
        (C) to State employees who are responsible for fishery
      management plan enforcement, if the States employing those
      employees have entered into a fishery enforcement agreement with
      the Secretary and the agreement is in effect;
        (D) when required by court order;
        (E) when such information is used by State, Council, or Marine
      Fisheries Commission employees to verify catch under a limited
      access program, but only to the extent that such use is
      consistent with subparagraph (B);
        (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;
        (G) when such information is required to be submitted to the
      Secretary for any determination under a limited access program;
      or
        (H) in support of homeland and national security activities,
      including the Coast Guard's homeland security missions as defined
      in section 468(a)(2) of title 6.

      (2) Any observer information shall be confidential and shall not
    be disclosed, except in accordance with the requirements of
    subparagraphs (A) through (H) of paragraph (1), or - 
        (A) as authorized by a fishery management plan or regulations
      under the authority of the North Pacific Council to allow
      disclosure to the public of weekly summary bycatch information
      identified by vessel or for haul-specific bycatch information
      without vessel identification;
        (B) when such information is necessary in proceedings to
      adjudicate observer certifications; or
        (C) as authorized by any regulations issued under paragraph (3)
      allowing the collection of observer information, pursuant to a
      confidentiality agreement between the observers, observer
      employers, and the Secretary prohibiting disclosure of the
      information by the observers or observer employers, in order - 
          (i) to allow the sharing of observer information among
        observers and between observers and observer employers as
        necessary to train and prepare observers for deployments on
        specific vessels; or
          (ii) to validate the accuracy of the observer information
        collected.

      (3) 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 (2)(A).
    (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; amended Pub. L.
    109-479, Sec. 3(d)(1)(A), title II, Secs. 202, 203(a), Jan. 12,
    2007, 120 Stat. 3578, 3612, 3613.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (b)(1), (3) and (c)(1), 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 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.


-MISC1-
                             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.

                                AMENDMENTS                            
      2007 - Subsec. (a). Pub. L. 109-479, Sec. 202, substituted
    "Collection programs" for "Council requests" in heading, designated
    existing provisions as par. (1), inserted heading, realigned
    margins, in first sentence, struck out "(other than information
    that would disclose proprietary or confidential commercial or
    financial information regarding fishing operations or fish
    processing operations)" after "additional information" and "types
    of information", in last sentence, substituted "paragraph" for
    "subsection", and added par. (2).
      Subsec. (b). Pub. L. 109-479, Sec. 203(a)(1), (2), added pars.
    (1) and (2), redesignated former par. (2) as (3) and realigned
    margins, and struck out former par. (1) which related to
    confidentiality of information submitted to the Secretary and
    exceptions.
      Subsec. (b)(1)(D). Pub. L. 109-479, Sec. 3(d)(1)(A), substituted
    "a limited access privilege" for "an individual fishing quota".
      Subsec. (b)(3). Pub. L. 109-479, Sec. 203(a)(3), substituted
    "(2)(A)." for "(1)(E)."

-End-



-CITE-
    16 USC Sec. 1881b                                           01/03/2007

-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                        
      This chapter, referred to in subsec. (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 set out under section 1801 of this title and Tables.
      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.


-MISC1-
                             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.

-End-



-CITE-
    16 USC Sec. 1881c                                           01/03/2007

-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 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; amended Pub. L.
    109-479, title II, Sec. 203(b), Jan. 12, 2007, 120 Stat. 3614.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), 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.


-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.

                                AMENDMENTS                            
      2007 - Subsec. (c)(4). Pub. L. 109-479 struck out "under section
    1881 of this title" after "system".

       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."

-End-



-CITE-
    16 USC Sec. 1881d                                           01/03/2007

-EXPCITE-
    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.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (f), 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.


-MISC1-
                             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.

-End-



-CITE-
    16 USC Sec. 1882                                            01/03/2007

-EXPCITE-
    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.
    (f) Regional ecosystem research
      (1) Study
        Within 180 days after January 12, 2007, the Secretary, in
      consultation with the Councils, shall undertake and complete a
      study on the state of the science for advancing the concepts and
      integration of ecosystem considerations in regional fishery
      management. The study should build upon the recommendations of
      the advisory panel and include - 
          (A) recommendations for scientific data, information and
        technology requirements for understanding ecosystem processes,
        and methods for integrating such information from a variety of
        federal,(!1) state,(!1) and regional sources;

          (B) recommendations for processes for incorporating broad
        stake holder participation;
          (C) recommendations for processes to account for effects of
        environmental variation on fish stocks and fisheries; and
          (D) a description of existing and developing council efforts
        to implement ecosystem approaches, including lessons learned by
        the councils.
      (2) Agency technical advice and assistance, regional pilot
        programs
        The Secretary is authorized to provide necessary technical
      advice and assistance, including grants, to the Councils for the
      development and design of regional pilot programs that build upon
      the recommendations of the advisory panel and, when completed,
      the study.

-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; Pub. L. 109-479, title II,
    Sec. 210, Jan. 12, 2007, 120 Stat. 3617.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), 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.

-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.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (f). Pub. L. 109-479 added subsec. (f).
      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).

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    16 USC Sec. 1883                                            01/03/2007

-EXPCITE-
    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 a
      limited access privilege 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 a
    limited access privilege 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; Pub. L. 109-479, Sec.
    3(d)(1)(B), Jan. 12, 2007, 120 Stat. 3578.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a)(1)(C), (2)(B) and (b),
    was in the original "this Act", meaning Pub. L. 94-265, Apr. 13,
    1976, 90 Stat. 331, 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.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsecs. (a)(1)(D), (c)(1). Pub. L. 109-479 substituted "a
    limited access privilege" for "an individual fishing quota".
      2000 - Subsecs. (b), (c)(1). Pub. L. 106-554 substituted "October
    1, 2002," for "October 1, 2000,".

-End-



-CITE-
    16 USC Sec. 1884                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER V - FISHERY MONITORING AND RESEARCH

-HEAD-
    Sec. 1884. Deep sea coral research and technology program

-STATUTE-
    (a) In general
      The Secretary, in consultation with appropriate regional fishery
    management councils and in coordination with other federal (!1)
    agencies and educational institutions, shall, subject to the
    availability of appropriations, establish a program - 

        (1) to identify existing research on, and known locations of,
      deep sea corals and submit such information to the appropriate
      Councils;
        (2) to locate and map locations of deep sea corals and submit
      such information to the Councils;
        (3) to monitor activity in locations where deep sea corals are
      known or likely to occur, based on best scientific information
      available, including through underwater or remote sensing
      technologies and submit such information to the appropriate
      Councils;
        (4) to conduct research, including cooperative research with
      fishing industry participants, on deep sea corals and related
      species, and on survey methods;
        (5) to develop technologies or methods designed to assist
      fishing industry participants in reducing interactions between
      fishing gear and deep sea corals; and
        (6) to prioritize program activities in areas where deep sea
      corals are known to occur, and in areas where scientific modeling
      or other methods predict deep sea corals are likely to be
      present.
    (b) Reporting
      Beginning 1 year after January 12, 2007, the Secretary, in
    consultation with the Councils, shall submit biennial reports to
    Congress and the public on steps taken by the Secretary to
    identify, monitor, and protect deep sea coral areas, including
    summaries of the results of mapping, research, and data collection
    performed under the program.

-SOURCE-
    (Pub. L. 94-265, title IV, Sec. 408, as added Pub. L. 109-479,
    title II, Sec. 211, Jan. 12, 2007, 120 Stat. 3618.)

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-


-CITE-
    16 USC SUBCHAPTER VI - MISCELLANEOUS                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
                       SUBCHAPTER VI - MISCELLANEOUS                   

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

-End-



-CITE-
    16 USC Sec. 1891                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
    Sec. 1891. Investment in United States seafood processing
      facilities

-STATUTE-
      The Secretary of Commerce shall work with the Small Business
    Administration and other Federal agencies to develop financial and
    other mechanisms to encourage United States investment in seafood
    processing facilities in the United States for fisheries that lack
    capacity needed to process fish harvested by United States vessels
    in compliance with the Magnuson-Stevens Fishery Conservation and
    Management Act (16 U.S.C. 1801 et seq.).

-SOURCE-
    (Pub. L. 109-479, title I, Sec. 106(c), Jan. 12, 2007, 120 Stat.
    3593.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Magnuson-Stevens Fishery Conservation and Management Act,
    referred to in text, is Pub. L. 94-265, Apr. 13, 1976, 90 Stat.
    331, which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1801 of this title and Tables.

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

-End-



-CITE-
    16 USC Sec. 1891a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
    Sec. 1891a. Community-based restoration program for fishery and
      coastal habitats

-STATUTE-
    (a) In general
      The Secretary of Commerce shall establish a community-based
    fishery and coastal habitat restoration program to implement and
    support the restoration of fishery and coastal habitats.
    (b) Authorized activities
      In carrying out the program, the Secretary may - 
        (1) provide funding and technical expertise to fishery and
      coastal communities to assist them in restoring fishery and
      coastal habitat;
        (2) advance the science and monitoring of coastal habitat
      restoration;
        (3) transfer restoration technologies to the private sector,
      the public, and other governmental agencies;
        (4) develop public-private partnerships to accomplish sound
      coastal restoration projects;
        (5) promote significant community support and volunteer
      participation in fishery and coastal habitat restoration;
        (6) promote stewardship of fishery and coastal habitats; and
        (7) leverage resources through national, regional, and local
      public-private partnerships.

-SOURCE-
    (Pub. L. 109-479, title I, Sec. 117, Jan. 12, 2007, 120 Stat.
    3606.)

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

-End-



-CITE-
    16 USC Sec. 1891b                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
    Sec. 1891b. Fisheries Conservation and Management Fund

-STATUTE-
    (a) In general
      The Secretary shall establish and maintain a fund, to be known as
    the "Fisheries Conservation and Management Fund", which shall
    consist of amounts retained and deposited into the Fund under
    subsection (c).
    (b) Purposes
      Subject to the allocation of funds described in subsection (d),
    amounts in the Fund shall be available to the Secretary of
    Commerce, without appropriation or fiscal year limitation, to
    disburse as described in subsection (e) for - 
        (1) efforts to improve fishery harvest data collection
      including - 
          (A) expanding the use of electronic catch reporting programs
        and technology; and
          (B) improvement of monitoring and observer coverage through
        the expanded use of electronic monitoring devices and satellite
        tracking systems such as VMS on small vessels;

        (2) cooperative fishery research and analysis, in collaboration
      with fishery participants, academic institutions, community
      residents, and other interested parties;
        (3) development of methods or new technologies to improve the
      quality, health safety, and value of fish landed;
        (4) conducting analysis of fish and seafood for health benefits
      and risks, including levels of contaminants and, where feasible,
      the source of such contaminants;
        (5) marketing of sustainable United States fishery products,
      including consumer education regarding the health or other
      benefits of wild fishery products harvested by vessels of the
      United States;
        (6) improving data collection under the Marine Recreational
      Fishery Statistics Survey in accordance with section 401(g)(3) of
      the Magnuson-Stevens Fishery Conservation and Management Act (16
      U.S.C. 1881(g)(3)); and
        (7) providing financial assistance to fishermen to offset the
      costs of modifying fishing practices and gear to meet the
      requirements of this Act, the Magnuson-Stevens Fishery
      Conservation and Management Act (16 U.S.C. 1801 et seq.), and
      other Federal laws in pari materia.
    (c) Deposits to the Fund
      (1) Quota set-asides
        Any amount generated through quota set-asides established by a
      Council under the Magnuson-Stevens Fishery Conservation and
      Management Act (16 U.S.C. 1801 et seq.) and designated by the
      Council for inclusion in the Fishery Conservation and Management
      Fund, may be deposited in the Fund.
      (2) Other funds
        In addition to amounts received pursuant to paragraph (1) of
      this subsection, the Fishery Conservation and Management Fund may
      also receive funds from - 
          (A) appropriations for the purposes of this section; and
          (B) States or other public sources or private or non-profit
        organizations for purposes of this section.
    (d) Regional allocation
      The Secretary shall, every 2 years, apportion monies from the
    Fund among the eight Council regions according to recommendations
    of the Councils, based on regional priorities identified through
    the Council process, except that no region shall receive less than
    5 percent of the Fund in each allocation period.
    (e) Limitation on the use of the Fund
      No amount made available from the Fund may be used to defray the
    costs of carrying out requirements of this Act or the Magnuson-
    Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
    seq.) other than those uses identified in this section.

-SOURCE-
    (Pub. L. 109-479, title II, Sec. 208, Jan. 12, 2007, 120 Stat.
    3616.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (b)(7) and (e), is Pub. L. 109-
    479, Jan. 12, 2007, 120 Stat. 3575, known as the Magnuson-Stevens
    Fishery Conservation and Management Reauthorization Act of 2006.
    For complete classification of this Act to the Code, see Short
    Title of 2007 Amendment note set out under section 1801 of this
    title and Tables.
      The Magnuson-Stevens Fishery Conservation and Management Act,
    referred to in subsecs. (b)(7), (c)(1), and (e), is Pub. L. 94-265,
    Apr. 13, 1976, 90 Stat. 331, which is classified principally to
    this chapter. For complete classification of this Act to the Code,
    see Short Title note set out under section 1801 of this title and
    Tables.

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

-End-



-CITE-
    16 USC Sec. 1891c                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
    Sec. 1891c. United States catch history

-STATUTE-
      In establishing catch allocations under international fisheries
    agreements, the Secretary, in consultation with the Secretary of
    the Department in which the Coast Guard is operating, and the
    Secretary of State, shall ensure that all catch history associated
    with a vessel of the United States remains with the United States
    and is not transferred or credited to any other nation or vessel of
    such nation, including when a vessel of the United States is sold
    or transferred to a citizen of another nation or to an entity
    controlled by citizens of another nation.

-SOURCE-
    (Pub. L. 109-479, title IV, Sec. 407, Jan. 12, 2007, 120 Stat.
    3634.)

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

-End-



-CITE-
    16 USC Sec. 1891d                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
    Sec. 1891d. Secretarial representative for international fisheries

-STATUTE-
    (a) In general
      The Secretary, in consultation with the Under Secretary of
    Commerce for Oceans and Atmosphere, shall designate a Senate-
    confirmed, senior official within the National Oceanic and
    Atmospheric Administration to perform the duties of the Secretary
    with respect to international agreements involving fisheries and
    other living marine resources, including policy development and
    representation as a U.S. Commissioner, under any such international
    agreements.
    (b) Advice
      The designated official shall, in consultation with the Deputy
    Assistant Secretary for International Affairs and the Administrator
    of the National Marine Fisheries Service, advise the Secretary,
    Undersecretary of Commerce for Oceans and Atmosphere, and other
    senior officials of the Department of Commerce and the National
    Oceanic and Atmospheric Administration on development of policy on
    international fisheries conservation and management matters.
    (c) Consultation
      The designated official shall consult with the Senate Committee
    on Commerce, Science, and Transportation and the House Committee on
    Resources on matters pertaining to any regional or international
    negotiation concerning living marine resources, including
    shellfish.
    (d) Delegation
      The designated official may delegate and authorize successive re-
    delegation of such functions, powers, and duties to such officers
    and employees of the National Oceanic and Atmospheric
    Administration as deemed necessary to discharge the responsibility
    of the Office.
    (e) Effective date
      This section shall take effect on January 1, 2009.

-SOURCE-
    (Pub. L. 109-479, title IV, Sec. 408, Jan. 12, 2007, 120 Stat.
    3634.)

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

-End-