An Act to provide for the conservation and management of the fisheries, and for other purposes.
PL 94-265 (H.R.200), enacted 04/13/1976

PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 331 
Public Law 94-265 
94th Congress 
An Act 
To provide for the conservation and management of the fisheries, and for 
Apr. 13, 1976 
other purposes. 
[H.R. 200] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America 
in Congress assembled, That this Act, with Fishery 
the following table of contents, may be cited as the "Fishery Con- Conservation and 
servation and Management Act of 1976". 
Management Act 
of 1976. 
TABLE OF CONTENTS 
16 USC 1801 
note. 
Sec. 2. Findings, purposes, and policy. 
Sec. 3. Definitions. 
TITLE I—FISHERY MANAGEMENT AUTHORITY OF THE 
UNITED STATES 
Sec. 101. Fishery conservation zone. 
Sec. 102. Exclusive fishery management authority. 
Sec. 103. Highly migratory species. 
Sec. 104. Effective date. 
TITLE II—FOREIGN FISHING AND INTERNATIONAL FISHERY 
AGREEMENTS 
Sec. 201. Foreign fishing. 
Sec. 202. International fishery agreements. 
Sec. 203. Congressional oversight of governing international fishery agreements. 
Sec. 204. Permits for foreign fishing. 
Sec. 205. Import prohibitions. 
TITLE III—NATIONAL FISHERY MANAGEMENT PROGRAM 
Sec. 301. National standards for fishery conservation and management. 
Sec. 302. Regional fishery management councils. 
Sec. 303. Contents of fishery management plans. 
Sec. 304. Action by the Secretary. 
Sec. 305. Implementation of fishery management plans. 
Sec. 306. State jurisdiction. 
^ 
See. 307. Prohibited acts. 
Sec. 308. Civil penalties. 
Sec. 309. Criminal offenses. 
Sec. 310. Civil forfeitures. 
Sec. 311. Enforcement. 
* 
Sec. 312. Effective date of certain provisions. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Effect of law of the sea treaty. 
See. 402. Repeals. 
Sec. 403. Fishermen's Protective Act amendments. 
Sec. 404. Marine Mammal Protection Act amendment. 
Sec. 405. Atlantic Tunas Convention Act amendment. 
Sec. 406. Authorization of appropriations. 
SEC. 2. FINDINGS, PURPOSES AND POLICY 
(a) FINDINGS.—The Congress finds and declares the following: 
16 USC 1801. 
(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. 
90 STAT. 332 
PUBLIC LAW 94-265—APR. 13, 1976 
These fishery resources contribute to the food supply, economy, 
and health of the Nation and provide recreational opportunities. 
(2) As a consequence of increased fishing pressure and because 
of the inadequacy of fishery conservation and management prac-
tices and controls (A) certain stocks of such fish have been over-
fished 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. 
(3) Commercial and recreational fishing constitutes a major 
i 
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 overfish-
ing will take place before an effective international agreement on 
fishery management jurisdiction can be negotiated, signed, rati-
fied, 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 pro-
vide 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 pre-
vent overfishing, to rebuild overfished stocks, to insure conserva-
tion, 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 United States fishermen, 
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. 
(b) PURPOSES.—It is therefore declared to be the purposes of the 
Congress in this Act— 
(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 establishing (A) a fishery conservation zone 
within which the tlnited 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; 
, ^ 
,, 
(2) to support and encourage the implementation and enforce-
> 11 i*' n 
ment 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; 
(4) to provide for the preparation and implementation, in 
accordance with national standards, of fishery management plans 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 333 
which will achieve and maintain, on a continuing basis, the 
optimum yield from each fishery; 
(5) to establish Eegional Fishery Management Councils to pre-
pare, monitor, and revise such plans imder circumstances (A) 
which will enable the States, the fishing industry, consumer and 
environmental organizations, and other interested persons to par-
ticipate 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; and 
(6) to encourage the development of fisheries which are cur-
rently underutilized or not utilized by United States fishermen, 
including bottom fish off Alaska. 
(c) POLICY.—It is further declared to be the policy of the Congress 
in this Act—• 
(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 Act; 
(2) to authorize no impediment to, or interference with, recog- 
^ 
nized legitimate uses of the high seas, except as necessary for the 
conservation and management of fishery resources, as provided 
for in this Act; 
-
(3) to assure that the national fishery conservation and man-
agement 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; promotes efficiency; 
draws upon Federal, State, and academic capabilities in carrying 
oiit research, administration, management, and enforcement; and 
is workable and effective; 
(4) to permit foreign fishing consistent with the provisions 
of this Act; and 
(5) 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. 
SEC. 3. DEFINITIONS. 
As used in this Act, unless the context otherwise requires— 
1^ USC 1802. 
(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 "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. 
(3) 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 super-
90 STAT. 334 
PUBLIC LAW 94-265—APR. 13, 1976 
jacent waters admits of the exploitation of the natural resources 
of such areas. 
(4) The term "Continental Shelf fishery resources" means 
the following: 
COUENTERATA 
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 an^latus; 
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—Geryon 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—^Artica islandica. 
SPONGES 
Glove Sponge—Hippiospongia canaliculata; 
Sheepswool Sponge—Hippiospongia lachne; 
Grass Sponge—Spongia graminea; and 
Yellow Sponge—Spongia barbera. 
Publication in 
If the Secretary determines, after consultation with the Secretary 
Federal Register. 
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 Act. 
(5) The term "Council" means any Regional Fishery Manage-
ment Council established under section 302. 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 335 
(6) The term "fish" means finfish, mollusks, crustaceans, and 
all other forms of marine animal and plant life other than marine 
mammals, birds, and highly migratory species. 
(7) 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, tech-
nical, recreational, and economic characteristics; and 
(B) any fishing for such stocks. 
(8) The term "fishery conservation zone" means the fishery 
conservation zone established by section 101. 
(9) The term "fishery resource" means any fishery, any stock 
of fish, any species of fish, and any habitat of fish. 
(10) 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 
Such term does not include any scientific research activity which 
is conducted by a scientific research vessel. 
(11) 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 
j , ,- , 
performance of any activity relating to fishing, including, 
but not limited to, preparation, supply, storage, refrigeration, 
transportation, or processing. 
(12) The term "foreign fishing" means fishing by a vessel 
other than a vessel of the United States. 
(13) The term "high seas" means all waters beyond the ter-
ritorial 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. 
(14) 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. 
(15) 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. 
^ 
(16) The term "Marine Fisheries Commission" means the 
Atlantic States Marine Fisheries Commission, the Gulf States 
Marine Fisheries Commission, or the Pacific Marine Fisheries 
Commission. 
(17) The term "national standards" means the national stand-
ards for fishery conservation and management set forth in sec-
tion 301. 
(18) 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 maxi-
mum sustainable yield from such fishery, as modified by any 
relevant economic, social, or ecological factor. 
90 STAT. 336 
PUBLIC LAW 94-265—APR. 13, 1976 
(19) 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. 
(20) The term "Secretary" means the Secretary of Commerce 
or his designee. 
(21) The term "State" means each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, Amer-
ican Samoa, the Virgin Islands, Guam, and any other Common-
wealth, territory, or possession of the United States. 
(22) The term "stock of fish" means a species, subspecies, geo-
graphical grouping, or other category of fish capable of manage-
ment as a unit. 
(23) The term "treaty" means any international fishery agree-
ment which is a treaty within the meaning of section 2 of article 
use prec. title 1. 
II of the Constitution. 
(24) The term "United States", when used in a geographical 
context, means all the States thereof. 
(25) The term "vessel of the United States" means any vessel 
documented under the laws of the United States or registered 
under the laws of any State. 
TITLE I—FISHERY MANAGEMENT AUTHORITY 
OF THE UNITED STATES 
SEC. 101. FISHERY CONSERVATION ZONE. 
16 use 1811. 
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. 
SEC. 102. EXCLUSIVE FISHERY MANAGEMENT AUTHORITY 
16 use 1812. 
The United States shall exercise exclusive fishery management 
authority, in the manner provided for in this Act, 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 terri-
torial 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. 
SEC. 103. HIGHLY MIGRATORY SPECIES. 
16 use 1813. 
The exclusive fishery management authority of the United States 
shall not include, nor shall it be construed to extend to, highly 
migratory species of fish. 
SEC. 104. EFFECTIVE DATE. 
16 use 1811 
This title shall take effect March 1,1977. 
note. 
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PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 337 
TITLE II—FOREIGN FISHING AND INTERNA-
TIONAL FISHERY AGREEMENTS 
SEC. 201. FOREIGN FISHING. 
(a) I N GENERAL.—^After February 28, 1977, no foreign fishing is 16 USC 1821. 
authorized within the fishery conservation zone, or for anadromous 
species or Continental Shelf fishery resources beyond the fishery 
conservation zone, unless such foreign fishing— 
(1) is authorized under subsection (b) or (c); 
(2) is not prohibited by subsection (f); and 
(3) is conducted under, and in accordance with, a valid and 
applicable permit issued pursuant to section 204. 
(b) 
EXISTING INTERNATIONAL FISHERY AGREEMENTS.—Foreign 
fishing described in subsection (a) may be conducted pursuant to an 
international fishery agreement (subject to the provisions of section 
202(b) or (c)), if such agreement— 
(1) was in effect on the date of enactment of this Act; 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) may be conducted pursuant to an 
international fishery agreement (other than a treaty) which meets 
the requirements of this subsection if such agreement becomes effec-
tive after application of section 203. Any such international fishery 
agreement shall hereafter in this Act be referred to as a "governing 
international fishery agreement". Each governing inter-national fishery 
agreement shall acknowledge the exchisive fishery management 
authority of the United States, as set forth in this Acit. 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 Act, 
including any regulations promulgated to implement any appli-
cable fishery management plan or any preliminary fishery man-
agement 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 
Act (as provided for in section 311) be permitted— 
Post, p. 358. 
(i) to board, and search or inspect, any such vessel 
at any time, 
(ii) to make arrests and seizures provided for in 
section 311 (b) 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 307, and 
Post, p. 355. 
(iii) to examine and make notations on the permit 
issued pursuant to section 204 for such vessel; 
(B) the permit issued for any such vessel pursuant to 
section 204 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 
Terms and 
conditions. 
90 STAT. 338 
PUBLIC LAW 94-265—APR. 13, 1976 
to be appropriate, be installed and maintained in working 
order on each such vessel; 
(D) duly authorized United States observers be permitted 
on board any such vessel and that the United States be 
.i 
' 
reimbursed for the cost of such observers; 
(E) any fees required under section 204(b) (10) 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 reimburse-
ment 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 enforce-
ment 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, exceed 
such nation's allocation of the total allowable level of foreign 
fishing, as determined under subsection (e). 
(4) The foreign nation will— 
(A) apply, pursuant to section 204, 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; and 
(C) abide by, and take appropriate steps under its own 
laws to assure that all such owners and operators comply with, 
section 204(a) and the applicable conditions and restrictions 
established under section 204 (b)(7). 
(d) TOTAL ALLOWABLE LEVEL or FOREIGN FISHING.—The total 
allowable level of foreign fishing, if any, with respect to any fishery 
subject to the exclusive fishery management authority of the United 
States, shall be that portion of the optimum yield of such fishery which 
will not be harvested by vessels of the United States, as determined 
in accordance with the provisions of this Act, 
(e) ALLOCATION OF ALLOWABLE LEVEL.^—The Secretary of State, in 
cooperation with the Secretary, shall determine the allocation among 
^
^ : 
foreign nations of the total allowable level of foreign fishing which is 
permitted with respect to any fishery subject to the exclusive fishery 
management authority of the United States. In making any such 
determination, the Secretary of State and the Secretary shall con-
sider— 
(1) whether, and to what extent, the fishing vessels of such 
nations have traditionally engaged in fishing in such fishery; 
(2) whether such nations have cooperated with the United 
States in, and made substantial contributions to, fishery research 
and the identification of fishery resources; 
(3) whether such nations have cooperated with the United 
States in enforcement and with respect to the conservation and 
management of fishery resources; and 
(4) such other matters as the Secretary of State, in cooperation 
with the Secretary, deems appropriate. 
(f) RECIPROCITY.—Foreign fisning shall not be authorized for the 
fishing vessels of any foreign nation unless such nation satisfies the 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 339 
Secreiary and the Secretary of State that such nation extends sub-
stantially 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 204(b), shall prepare a pre-
liminary 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 
title III, before March 1, 1977. To the extent practicable, each such Post, p. 346. 
plan— 
(1) shall contain a preliminary description of the fishery and a 
preliminary determination as to the optimum j^ield from such 
fishery and the total allowable level of foreign fishing with respect 
to such fishery; 
(2) shall require each foreign fishing vessel engaged or wish-
ing to engage in such fishery to obtain a permit from the Secre-
tary ; 
(3) shall require the submission of pertinent data to the Secre-
tary, with respect to such fishery, as described in section 303(a) 
(5); and 
(4) may, to the extent necessary to prevent irreversible effects 
from overfishing, with respect to such fishery, contain conserva-
tion 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 Act, and other applicable law, and 
(C) are described in section 303(b) (2), (3), (4), (5), and 
(T)-. 
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 
title III, with respect to such fishery. The Secretary may, in accord- Regulations. 
ance with section 553 of title 5, United States Code, 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 305. 
SEC. 202. INTERNATIONAL FISHERY AGREEMENTS. 
(a) NEGOTIATIONS.—The Secretary of State— 
16 USC 1822. 
(1) shall renegotiate treaties as provided for in subsection (b); 
(2) shall negotiate governing international fishery agreements 
described in section 201(c); 
(3) may negotiate boundary agreements as provided for in 
subsection (d); 
(4) shall, upon the request of and in cooperation with the Sec-
retary, initiate and conduct negotiations for the purpose of enter-
ing into international fishery agreements— 
(A) which allow fishing vessels of the United States equi-
table 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 
90 STAT. 340 
PUBLIC LAW 94-265—APR. 13, 1976 
Transmittal to 
Congress. 
16 use 1823. 
(5) may enter into such other negotiations, not prohibited by 
subsection (c), as may be necessary and appropriate to further 
the purposes, policy, and provisions of this Act. 
(b) TREATY RENEGOTIATION.—The Secretary of State, in coopera-
tion with the Secretary, shall initiate, promptly after the date of 
enactment of this Act, the renegotiation of any treaty which pertains 
to fishing within the fishery conservation zone (or within the area 
that will constitute such zone after February 28, 1977), or for anad-
romous 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 Act, 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 accord-
ance with its provisions, if such treaty is not so renegotiated within a 
reasonable period of time after such date of enactment. 
(c) INTERNATIONAL FISHERY AGREEMENTS.—No international fishery 
agreement (other than a treaty) which pertains to foreign fishing 
within the fishery conservation 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 201(c). 
(d) BOUNDARY NEGOTIATIONS.—The Secretary of State, in coopera-
tion with the Secretary, may initiate and conduct negotiations with 
any adjacent or opposite foreign nation to establish the boundaries 
of the fishery conservation zone of the United States in relation to 
any such nation. 
(e) NoNRECoGNiTioN.—It is the sense of the Congress that the 
United States Government shall not recognize the claim of any foreign 
nation to a fishery conservation 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 condi-
tions or restrictions which are unrelated to fishery conservation 
and management. 
SEC. 203. CONGRESSIONAL OVERSIGHT OF GOVERNING INTERNA-
TIONAL FISHERY AGREEMENTS. 
(a) I N GENERAL.—No governing international fishery agreement 
shall become effective with respect to the United States before the 
close of the first 60 calendar days of continuous session of the Congress 
after the date on which the President transmits to the House of Rep-
resentatives and to the Senate a document setting forth the text of 
such governing international fishery agreement, A copy of the docu-
ment 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. 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 341 
(b) REFERRAL TO COMMITTEES.—^Any document described in sub-
section (a) shall be immediately referred in the House of Representa-
tives to the Committee on Merchant Marine and Fisheries, and in 
the Senate to the Committees on Commerce and Foreign Relations. 
(c) COMPUTATION or 60-DAY PERIOD.—For purposes of subsection 
(a)— 
(1) continuity of session is broken only by an ad]Ournment 
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 ceitain are excluded 
in the computation of the 60-day period. 
(d) CONGRESSIONAL PROCEDURES.— 
(1) 
R U L E S OF THE HOUSE o r 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 
:i 
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 man-
ner and to the same extent as in the case of any other rule of 
that House. 
(2) DEFINITION.—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 agree-
ment the text of which is transmitted to the Congress pur-
suant to subsection (a); and 
(B) which is reported from the Committee on Merchant 
Marine and Fisheries of the House of Representatives or 
the Committee on Commerce 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) relating 
to that agreement is transmitted to the Congress. 
(3) PLACEMENT ON CALENDAR.—Any fishery agreement resolu-
tion 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 Debate 
agreement resolution shall be limited to not more than 10 limitation, 
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 resolu-
tion is agreed to or disagreed to. 
90 STAT. 342 
PUBLIC LAW 94-265—APR. 13, 1976 
(C) Motions to postpone, made in the House of Eepresent-
atives with respect to the consideration of any fishery agree-
ment 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 Kules of the House of Representa-
tives to the procedure relating to any fishery agreement reso-
lution shall be decided without debate. 
(E) Except to the extent specifically provided in the pre-
ceding 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. 
Debate 
(B) Debate in the Senate on any fishery agreement resolu-
limitation. 
tion 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 minor-
ity leader or his designee. The majority leader and the minor-
ity 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 reso-
lution is not in order. 
SEC. 204. PERMITS FOR FOREIGN FISHING. 
16 use 1824. 
(a) I N GENERAL.—After February 28, 1977, no foreign fishing 
vessel shall engage in fishing within the fishery conservation 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.—Each foreign nation with which the United 
States has entered into a governing international fishery agree-
ment 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). 
(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 applica-
tions submitted under this subsection and for permits issued 
pursuant to any such application. 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 343 
(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, 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 amount of fish or tonnage of catch contemplated 
for each such vessel during the time such permit is in force; 
and 
(E) the ocean area in which, and the season or period 
during which, such fishing will be conducted; 
and shall include any other pertinent information and material 
which the Secretary may require. 
(4) TRANSMITTAL FOR ACTION.—Upon receipt of any applica-
tion which complies with the requirements of paragraph (3), the 
Secretary of State shall publish such application in the Federal 
Register and shall promptly transmit— 
(A) such application, together with his comments and 
recommendations thereon, to the Secretary; 
(B) a copy of the application to each appropriate Council 
and to the Secretary of the department in which the Coast 
Guard is operating; and 
(C) a copy of such material 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. 
(5) ACTION BY COUNCIL.—After receipt of an application trans-
mitted under paragraph (4) (B), each appropriate Council shall 
prepare and submit to the Secretary such written comments on the 
application as it deems appropriate. Such comments shall be sub-
mitted 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 recom-
mended, 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.—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 operat-
ing. The Secretary, after taking into consideration the views and 
recommendations of such Secretaries, and any comments submitted 
by any Council under paragraph (6), may approve the applica-
tion, if he determines that the fishing described in the applica-
tion will meet the requirements of this Act. 
(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) 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: 
Publication in 
Federal Register. 
Transmittal to 
congressional 
committees. 
Written 
comments. 
90 STAT. 344 
PUBLIC LAW 94-265—APR. 13, 1976 
Transmittal to 
congressional 
committees. 
(A) All of the requirements of any applicable fishery 
management plan, or preliminary fishery management plan, 
and the regulations promulgated to implement any such plan. 
(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 201(c) (1), (2), 
and (3). 
(D) 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 trans-
mit a copy of each application approved under paragraph (6) 
and the conditions and restrictions established under paragraph 
(7) U>-
(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; 
(C) any Council which has authority over any fishery 
specified in such application; and 
(D) the Committee on Merchant Marine and Fisheries of 
the House of Representatives and the Committees on Com-
merce and Foreign Relations of the Senate. 
(9) DISAPPROVAL or 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.—Reasonable 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 and pub-
lish a schedule of such fees, which shall apply nondiscriminator-
ily to each foreign nation. In determining the level of such fees, 
the Secretary may take into account the cost of carrying out the 
provisions of this Act with respect to foreign fishing, including, 
but not limited to, the cost of fishery conservation and manage-
ment, fisheries research, administration, and enforcement. 
(11) ISSUANCE OF PERMITS.—If a foreign nation notifies the 
Secretary of State of its acceptance of the conditions and restric-
tions 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 estab-
lished under paragraph (7) which apply to the fishing vessel for 
which the permit is issued. 
(12) SANCTIONS.—If any foreign fishing vessel for which a per-
mit has been issued pursuant to this subsection has been used 
in the commission of any act prohibited by section 307 the Secre-
tary may, or if any civil penalty imposed under section 308 or any 
criminal fine imposed under section 309 has not been paid and 
is overdue the Secretary shall— 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 345 
• 
(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 non-
payment 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, 
(c) REGISTRATION PERMITS.—The Secretary of State, in coopera-
tion with the Secretary, shall issue annually a registration permit for 
each fishing vessel of a foreign nation which is a party to an inter-
national fishery agreement under which foreign fishing is authorized 
by section 201(b) and which wishes to engage in fishing described in 
subsection (a). Each such permit shall set forth the terms and condi-
tions 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 provi-
sions of this Act (as provided for in section 311). 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 registra-
tion permits; except that the level of such fees shall not exceed the 
administrative costs incurred by him in issuing such permits. 
SEC. 205. IMPORT PROHIBITIONS. 
(a) DETERMINATIONS BY SECRETARY OF STATE.—If the Secretary of 
16 USC 1825. j -
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, as recognized by the United States, in 
accordance with traditional fishing activities of such vessels, if 
any, and under terms not more restrictive than those established 
under sections 201 (c) and (d) and 204 (b) (7) and (10), 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 highly migratory 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— 
90 STAT. 346 
PUBLIC LAW 94-265—APR. 13, 1976 
(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), the Secretary of the Treasury 
shall immediately take such action as may be necessary and appropri-
ate 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 pro-
duced from or composed of (in whole or in part) any fish. 
TITLE III—NATIONAL FISHERY MANAGEMENT 
PROGRAM 
SEC. 301. NATIONAL STANDARDS FOR FISHERY CONSERVATION AND 
MANAGEMENT. 
16 use 1851. 
(a) I N GENERAL.—Any fishery management plan prepared, and 
any regulation promulgated to implement any such plan, pursuant 
to this title shall be consistent with the following national standards 
for fishery conservation and management: 
(1) Conservation and management measures shall prevent over-
fishing while achieving, on a continuing basis, the optimum yield 
from each fishery. 
(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 discrim-
inate between residents of different States. If it becomes neces-
sary 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 con-
servation; 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 prac-
ticable, promote efficiency in the utilization of fishery resources; 
except that no such measure shall have economic allocation as its 
sole purpose. 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 347 
(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 prac-
ticable, minimize costs and avoid unnecessary duplication. 
(b) GUIDELINES.—The Secretary shall establish guidelines, based 
on the national standards, to assist in the development of 
fishery 
management plans. 
SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS. 
(a) ESTABLISHMENT.—There shall be established, within 120 days 
after the date of the enactment of this Act, eight Kegional Fishery 
Management Councils, as follows: 
(1) N E W ENGLAND COUNCIL.—The New England Fishery Man-
agement 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 sea-
ward of such States. The New England Council shall have 17 
voting members, including 11 appointed by the Secretary pursuant 
to subsection ( b ) ( 1 ) ( C ) (at least one of whom shall be appointed 
from each such State). 
(2) MID-ATLANTIC COUNCIL.—The Mid-Atlantic Fishery Man-
agement Council shall consist of the States of New York, New 
Jersey, Delaware, Pennsylvania, Maryland, and Virginia and 
shall have authority over the fisheries in the Atlantic Ocean sea-
ward of such States. The Mid-Atlantic Council shall have 19 
voting members, including 12 appointed by the Secretary pursuant 
to subsection ( b ) ( 1 ) ( C ) (at least one of whom shall be appointed 
from each such State). 
(3) 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. 
The South Atlantic Council shall have 13 voting members, includ-
ing 8 appointed by the Secretary pursuant to subsection (b) (1) 
(C) (at least one of whom shall be appointed from each such 
State). 
(4) 
CARIBBEAN COUNCIL.—The Caribbean Fishery Manage-
ment Council shall consist of the Virgin Islands and the Com-
monwealth of Puerto Rico and shall have authority over the 
fisheries 
in the Caribbean Sea and Atlantic Ocean seaward of 
such States. The Caribbean Council shall have 7 voting members, 
including 4 appointed by the Secretary pursuant to subsection 
( b ) ( 1 ) ( C ) (at least one of whom shall be appointed from each 
such State). 
(5) GULF COUNCIL.—The Gulf of Mexico Fishery Manage-
ment 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. The 
Gulf 
Council shall have 17 voting members, including 11 
appointed by the Secretary pursuant to subsection 
( b ) ( 1 ) ( C ) 
(at least one of whom shall be appointed from each such State). 
(6) 
PACIFIC 
COUNCIL.—The 
Pacific 
Fishery 
Management 
Council shall consist of the States of California, Oregon, Wash-
ington, 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 
16 use 1852. 
Establishment. 
90 STAT. 348 
PUBLIC LAW 94-265—APR. 13, 1976 
"List of qualified 
individuals." 
"Qualified 
individual." 
Term. 
Secretary pursuant to subsection (b)(1)(C) (at least one of 
whom shall be appointed from each such State). 
(7) NORTH PACiric COUNCIL.—The North Pacific Fishery 
Management Council shall consist of the States of Alaska, Wash-
ington, 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 pursuant to subsection 
(b) (1) (C) (5 of whom shall be appointed from the State of 
Alaska and 2 of whom shall be appointed from the State of 
Washington). 
(8) WESTERN PACIFIC COUNCIL.—The Western Pacific Fishery 
Management Council shall consist of the State of Hawaii, Ameri-
can Samoa, and Guam and shall have authority over the fisheries 
in the Pacific Ocean seaward of such States. The Western Pacific 
Council shall have 11 voting members, including 7 appointed by 
the Secretary pursuant to subsection (b)(1)(C) (at least one 
of whom shall be appointed from each such State). 
Each Council shall reflect the expertise and interest of the several con-
stituent States in the ocean area over which such Council is granted 
authority. 
(b) VOTING MEMBERS.—(1) The voting members of each Council 
shall be: 
(A) The principal State official with marine fishery manage-
ment 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 vot-
ing member. 
(C) The members required to be appointed by the Secretary 
shall be appointed by the Secretary from a list of qualified 
individuals submitted by the Governor of each applicable con-
stituent State. With respect to the initial such appointments, such 
Governors shall submit such lists to the Secretary as soon as prac-
ticable, not later than 45 days after the date of the enactment of 
this Act. As used in this subparagraph, (i) the term "list of quali-
fied individuals" shall include the names (including pertinent bio-
graphical data) of not less than three such individuals for each 
applicable vacancy, and (ii) the term "qualified individual" means 
an individual who is knowledgeable or experienced with regard to 
the management, conservation, or recreational or commercial har-
vest, of the fishery resources of the geographical area concerned. 
(2) Each voting member appointed to a Council pursuant to para-
graph (1)(C) shall serve for a term of 3 years; except that, with 
respect to the members initially so appointed, the Secretary shall desig-
nate 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. 
(3) 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. 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 349 
(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 geo-
graphical 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 mem-
ber 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 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 per- 5 USC 5332 note. 
formance of duties for such Council. The voting members of each 
Council, any nonvoting member described in subsection (c) (1) (C), 
and the nonvoting member appointed pursuant to subsection (c) (2) 
shall be reimbursed for actual expenses incurred in the performance 
of such duties. 
(e) TRANSACTION or 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 Chair- 
? .-
man for such Council from among the voting members. 
' 
(3) Each Council shall meet in the geographical area con-
cerned at the call of the Chairman or upon the request of a 
majority of its voting members. 
•.."^r.. ; 
(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. 
,:(.v,bi,,k*-
(f) STAFF AND ADMINISTRATION.— 
(1) Each Council may appoint, and assign duties to, an execu-
tive director and such other full- and part-time administrative 
employees as the Secretary determines are necessary to the per-
formance 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 Act. 
(3) The Secretary shall provide to each Council such admin- 
^ . 
istrative 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. 
90 STAT. 350 
^ 
PUBLIC LAW 94-265—APR. 13, 1976 
. 
• 
(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 pre-
scribe its practices and procedures for carrying out its functions 
under this Act, in accordance with such uniform standards as 
are prescribed by the Secretary. 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 sub-
section (d); 
(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); and 
(E) such other costs as the Secretary determines are nec-
essary to the performance of the functions of the Councils. 
(g) COMMITTEES AND PANELS.— 
(1) Each Council shall establish and maintain, and appoint 
the members of, a scientific and statistical committee to assist it 
in the development, collection, and evaluation of such statistical, 
biological, economic, social, and other scientific information as 
is relevant to such Council's development and amendment of any 
fishery management plan. 
(2) Each Council shall establish such other advisory panels as 
are necessary or appropriate to assist it in carrying out its func-
tions under this Act. 
(h) FUNCTIONS.—Each Council shall, in accordance with the pro-
visions of this Act— 
Fishery 
(1) prepare and submit to the Secretary a fishery management 
management 
plan with respect to each fishery within its geographical area of 
P**"* 
authority and, from time to time, such amendments to each such 
plan as are necessary; 
Comments. 
(2) prepare comments on any application for foreign fishing 
transmitted to it under section 204(b)(4)(B), and any fishery 
management plan or amendment transmitted to it under section 
304(c)(2); 
Public hearings. 
(3) conduct public hearings, at appropriate times and in appro-
priate locations in the geographical area concerned, so as to allow 
all interested persons an opportunity to be heard in the develop-
ment of fishery management plans and amendments to such plans, 
and with respect to the administration and implementation of 
the provisions of this Act; 
Reports. 
(4) submit to the Secretary— 
(A) a report, before February 1 of each year, on the Coun-
cil's activities during the immediately preceding calendar 
\ 
(B) such periodic reports as the Council deems appropriate, 
and 
(C) any other relevant report which may be requested by 
the Secretary; 
Review. 
(5) review on a continuing basis, and revise as appropriate, the 
assessments and specifications made pursuant to section 303(a) 
(3) and (4) with respect to the optimum yield from, and the total 
allowable level of foreign fishing in, each fishery within its 
geographical area of authority; and 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 351 
: 
(6) conduct any other activities which are required by, or 
provided for in, this Act or which are necessary and appropriate 
to the foregoing functions. 
SEC. 303. CONTENTS OF FISHERY MANAGEMENT PLANS. 
(a) REQUIRED PROVISIONS.—Any fishery management plan which 16 USC 1853. 
is prepared by any Council, or by the Secretary, with respect to any 
fishery, shall— 
(1) contain the conservation and management measures, ap-
plicable 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; 
(B) described in this subsection or subsection (b), or 
both; and 
(C) consistent with the national standards, the other pro-
visions of this Act, and any other applicable law; 
(2) contain a description of the fishery, including, but not lim-
ited 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) a^ess and specify the present and probable future condi-
tion of, and the maximum sustainable yield and optimum yield 
from, the fishery, and include a summary of the information uti-
lized 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 opti-
mum yield specified under paragraph (3), and 
(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 
(5) specify the pertinent data which shall be submitted to the 
Secretary with respect to 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, and number of 
hauls. 
(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 any fishing vessel of the United 
' -
States fishing, or wishing to fish, in the fishery conservation zone, 
or for anadromous species or Continental Shelf fishery resources 
beyond such zone; 
(2) designate zones where, and periods when, fishing shall be 
limited, or shall not be permitted, or shall be permitted only by 
specified types of fishing vessels or with specified types and quan-
tities of fishing gear; 
(3) 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; 
89-194 O—78—pt. 1 
26 
90 STAT. 352 
PUBLIC LAW 94-265—APR. 13, 1976 
(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 Act; 
,3 
(5) incorporate (consistent with the national standards, the 
other provisions of this Act, and any other applicable law) the 
relevant fishery conservation and management measures of the 
coastal States nearest to the fishery; 
(6) establish a system for limiting access to the fishery in order 
to achieve optimum yield if, in developing such system, the Coun-
cil 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 
(F) any other relevant considerations; and 
(7) prescribe such other measures, requirements, or conditions 
and restrictions as are determined to be necessary and appropri-
ate for the conservation and management of the fishery. 
(c) PROPOSED REGULATIONS.—Any Council may prepare any pro-
posed regulations which it deems necessary and appropriate to carry 
out any fishery management plan, or any amendment to any fishery 
management plan, which is prepared by it. Such proposed regulations 
shall be submitted to the Secretary, together with such plan or amend-
ment, for action by the Secretary pursuant to sections 304 and 305. 
(d) CONFIDENTIALITY OF STATISTICS.—^Any statistics submitted to 
the Secretary by any person in compliance with any requirement under 
subsection (a) (5) shall be confidential and shall not be disclosed 
except when required under court order. The Secretary shall, by regu-
lation, prescribe such procedures as may be necessary to preserve such 
confidentiality, except that the Secretary may release or make public 
any such statistics in any aggregate or summary form which does not 
directly or indirectly disclose the identity or business of any person 
who submits such statistics. 
SEC. 304. ACTION BY THE SECRETARY. 
16 use 1854. 
(a) ACTION BY THE SECRETARY AFTER RECEIPT OF PLAN.—^Within 60 
days after the Secretary receives any fishery management plan, or 
any amendment to any such plan, which is prepared by any Council, 
the Secretary shall— 
(1) review such plan or amendment pursuant to subsection (b); 
and 
(2) notify such Council in writing of his approval, disapproval, 
or partial disapproval of such plan or amendment. 
In the case of disapproval or partial disapproval, the Secretary shall 
include in such notification a statement and explanation of the Secre-
tary's objections and the reasons therefor, suggestions for improve-
ment, a request to such Council to change such plan or amendment to 
satisfy the objections, and a request to resubmit the plan or amend-
ment, as so modified, to the Secretary within 45 days after the date 
on which the Council receives such notification. 
(b) REVIEW BY THE SECRETARY.—The Secretary shall review any 
fishery management plan, and any amendment to any such plan, 
prepared by any Council and submitted to him to determine whether 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 353 
it is consistent with the national standards, the other provisions of 
this Act, and any other applicable law. In carrying out such review, 
the Secretary shall consult with— 
(1) the Secretary of State with respect to foreign 
fishing; 
and 
(2) the Secretary of the department in which the Coast Guard 
is operating with respect to enforcement at sea. 
(c) PREPARATION BY THE SECRETARY.—(1) The Secretary may pre-
pare a fishery management plan, with respect to any fishery, or any 
amendment to any such plan, in accordance with the national stand-
ards, the other provisions of this Act, 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 manage-
ment plan for such fishery, or any necessary amendment to such 
a plan, if such fishery requires conservation and management; 
or 
(B) the Secretary disapproves or partially disapproves any 
such plan or amendment, and the Council involved fails to change 
such plan or amendment in accordance with the notification made 
under subsection (a)(2). 
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 operat-
ing with respect to enforcement at sea. 
(2) Whenever, pursuant to paragraph (1), the Secretary prepares 
a fishery management plan or amendment, the Secretary shall promptly 
transmit such plan or amendment to the appropriate Council for con-
sideration and comment. Within 45 days after the date of receipt of 
such plan or amendment, the appropriate Council may recommend, 
to the Secretary, changes in such plan or amendment, consistent with 
the national standards, the other provisions of this Act, and any other 
applicable law. After the expiration of such 45-day period, the Secre-
tary may implement such plan or amendment pursuant to section 305. 
(3) Notwithstanding paragraph (1), 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 
described in section 303(b) (6), unless such system is first approved 
by a majority of the voting members, present and voting, of each 
appropriate Council. 
(d) ESTABLISHMENT OF FEES.—The Secretary shall by regulation Regulations, 
establish the level of any fees which are authorized to be charged 
pursuant to section 303(b) (1). Such level shall not exceed the admin-
istrative costs incurred by the Secretary in issuing such permits. 
(e) FISHERIES RESEARCH.—^The Secretary shall initiate and main-
tain a comprehensive program of fishery research to carry out and 
further the purposes, policy, and provisions of this Act. Such, program 
shall be designed to acquire knowledge and information, including 
statistics, on fishery conservation and management, including, but not 
limited to, biological research concerning the interdependence of fish-
eries 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. 
(f) 
MISCELLANEOUS DUTIES.— (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 manage-
ment plan for such fishery and any amendment to such plan; or 
90 STAT. 354 
PUBLIC LAW 94-265—APR. 13, 1976 
Publication in 
Federal Register. 
16 use 1855. 
Written 
comments. 
Regulations. 
5 use 701 et seq. 
Emergency 
regulations. 
(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. 
SEC. 305. IMPLEMENTATION OF FISHERY MANAGEMENT PLANS. 
(a) IN GENERAL.—As soon as practicable after the Secretary— 
(1) approves, pursuant to section 304 (a) and (b), any fishery 
management plan or amendment; or 
(2) prepares, pursuant to section 304(c), any fishery manage-
ment plan or amendment; 
the Secretary shall publish in the Federal Kegister (A) such plan or 
amendment, and (B) any regulations which he proposes to promulgate 
to implement such plan or amendment. Interested persons shall 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. 
(b) HEARING.—The Secretary may schedule a hearing, in accord-
ance with section 553 of title 5, United States Code, on any fishery 
management plan, any amendment to any such plan, and any regula-
tions to implement any such plan or amendment. If any such hearing 
is sclieduled, the Secretary may, pending its outcome— 
(A) postpone the effective date of the regulations proposed to 
implement such plan or amendment; or 
(B) take such other action as he deems appropriate to preserve 
the rights or status of any person. 
(c) IMPLEMENTATION.—The Secretary shall promulgate regulations 
to implement any fishery management plan or any amendment to any 
such plan— 
(1) after consideration of all relevant matters— 
(A) presented to him during the 45-day period referred 
to in subsection (a), and 
(B) produced in any hearing held under subsection (b); 
and 
(2) if he finds that the plan or amendment is consistent with 
the national standards, the other provisions of this Act, and any 
other applicable law. 
To the extent practicable, such regulations shall be put into effect in 
a manner which does not disrupt the regular fishing season for any 
fishery. 
(d) JUDICIAL REVIEW.—Regulations promulgated by the Secretary 
under this Act shall be subject to judicial review to the extent author-
ized by,, and in accordance with, chapter 7 of title 5, United States 
Code, if a petition for such review is filed within 30 days after the 
date on which the regulations are promulgated; except that (1) sec-
tion 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. 
(e) EMERGENCY ACTIONS.—If the Secretary finds that an emergency 
involving any fishery resources exists, he may— 
(1) promulgate emergency regulations, without regard to sub-
sections (a) and (c), to implement any fishery management plan, 
if such emergency so requires; or 
(2) promulgate emergency regulations to amend any regula-
tion which implements any existing fishery management plan, 
to the extent required by such emergency. 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 355 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
Report to 
Congress and 
President. 
Any emergency regulation which changes any existing fishery man-
agement plan shall be treated as an amendment to such plan for the 
period in which such regulation is in effect. Any emergency regu-
lation promulgated under this subsection (A) shall be published in 
the Federal Register together with the reasons therefor; (B) shall 
remain in effect for not more than 45 days after the date of such pub-
lication, except that any such regulation may be repromulgated for 
one additional period of not more than 45 days; and (C) may be 
terminated by the Secretary at any earlier date by publication in the 
Federal Register of a notice of termination. 
(f) ANNUAL REPORT.—The Secretary shall 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 
that were undertaken under this Act during the preceding calendar 
year. 
(g) RESPONSIBILITY OF THE 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 Act. The Secretary may promulgate such regula- Regulations, 
tions, in accordance with section 553 of title 5, United States Code, 
as may be necessary to discharge such responsibility or to carry out 
any other provision of this Act. 
SEC. 306. STATE JURISDICTION. 
(a) I N GENERAL.—Except as provided in subsection (b), nothing 16 USC 1856. 
in this Act shall be construed as extending or diminishing the jurisdic-
tion or authority of any State within its boundaries. No State may 
directly or indirectly regulate any fishing which is engaged in by any 
fishing vessel outside its boundaries, unless such vessel is registered 
under the laws of such State. 
(b) EXCEPTION.— (1) If the Secretary finds, after notice and an Notice and 
opportunity for a hearing in accordance with section 554 of title 5, hearing. 
United States Code, that— 
(A) the fishing in a fishery, which is covered by a fishery 
management plan implemented under this Act, is engaged in 
predominately within the fishery conservation 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 respon-
sibility 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. 
SEC. 307. PROHIBITED ACTS. 
It is unlawful— 
16 USC 1857. 
(1) for any person— 
(A) to violate any provision of this Act or any regulation 
or permit issued pursuant to this Act; 
90 STAT. 356 
^ 
PUBLIC LAW 94-265—APR. 13, 1976 
(B) to use any fishing vessel to engage in fishing after the 
revocation, or during the period of suspension, of an appli-
cable permit issued pursuant to this Act; 
(C) to violate any provision of, or regulation under, an 
applicable governing international fishery agreement entered 
into pursuant to section 201 (c); 
(D) to refuse to permit any officer authorized to enforce 
the provisions of this Act (as provided for in section 311) 
to board a fishing vessel subject to such person's control for 
purposes of conducting any search or inspection in connec-
tion with the enforcement of this Act or any regulation, 
permit, or agreement referred to in subparagraph (A) or 
( ^ ) ' 
. 
.
.
.
. 
(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 Act or any regulation, 
permit, or agreement referred to in subparagraph (A) or 
(C);or 
(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; and 
(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 in fishing— 
(A) within the boundaries of any State; or 
(B) within the fishery conservation 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 204 (b) or (c). 
SEC. 308. CIVIL PENALTIES. 
16 use 1858. 
(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, United States Code, to have committed an 
act prohibited by section 307 shall be liable to the United States for 
a civil penalty. The amount of the civil penalty shall not exceed 
$25,000 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, ability to pay, 
and such other matters as justice may require. 
(b) REVIEW OF CIVIL PENALTY.—Any person against whom a civil 
penalty is assessed under subsection (a) 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. The Secretary shall promptly file in such court a 
certified copy of the record upon which such violation w^as found 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 357 
or such penalty imposed, as provided in section 2112 of title 28, 
United States Code. 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, United 
States Code. 
(c) ACTION U P O N FAILURE T O P A Y 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) 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. 
SEC. 309. CRIMINAL OFFENSES. 
(a) OFFENSES.—A person is guilty of an offense if he commits any 16 USC 1859. 
act prohibited by— 
(1) section 307(1) ( D ) , ( E ) , ( F ) , or ( H ) ; or 
(2) section 307(2). 
(b) PUNISHMENT.—Any offense described in subsection (a) (1) is 
punishable by a fine of not more than $50,000, 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 con-
duct that causes bodily injury to any officer authorized to enforce the 
provisions of this Act (as provided for in section 311), or places any 
such officer in fear of imminent bodily injury, the offense is punishable 
by a fine of not more than $100,000, or imprisonment for not more than 
10 years, or both. Any offense described in subsection (a) (2) is pun-
ishable by a fine of not more than $100,000, or imprisonment for not 
more than 1 year, or both. 
. . „ • ' . 
(c) JURISDICTION.—^There is Federal jurisdiction over any offense 
described in this section. 
SEC. 310. CIVIL FORFEITURES. 
(a) I N GENERAL.—Any fishing vessel (including its fishing gear, 16 USC 1860. 
furniture, appurtenances, stores, and cargo) used, and any fish taken or 
retained, in any manner, in connection with or as a result of the com-
mission of any act prohibited by section 307 (other than any act for 
which the issuance of a citation under section 311(c) is sufficient 
sanction) shall be subject to forfeiture to the United States. All or 
part of such vessel may, and all such fish shall, be forfeited to the 
United States pursuant to a civil proceeding under this section. 
(b) JURISDICTION OF COURTS.—Any district cOurt of the United 
States which has jurisdiction under section 311(d) shall have juris-
diction, upon application by the Attorney General on behalf of the 
United States, to order any forfeiture authorized under subsection 
(a) and any action provided for under subsection (d). 
(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 
Act or for which security has not previously been obtained under sub-
section (d). The pro 
visions of the customs laws relating to— 
(1) the disposition of forfeited property, 
(2) the proceeds from the sale of forfeited property, 
90 STAT. 358 
PUBLIC LAW 94-265—APR. 13, 1976 
16 use 1861. 
Reports to 
congressional 
committees. 
(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 for-
feiture is alleged to be authorized, under this section, unless such pro-
visions are inconsistent with the purposes, policy, and provisions of 
this Act. The duties and powers imposed upon the Commissioner of 
Customs or other persons under such provisions shall, with respect to 
this Act, 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 311 
(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. 
(2) Any fish seized pursuant to this Act 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) KEBUTTABLE PRESUMPTION.—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 
307 were taken or retained in violation of this Act. 
SEC. 311. ENFORCEMENT. 
(a) KESPONSIBILITY.—The provisions of this Act 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, equip-
ment (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. Such 
Secretaries shall report semiannually, to each committee of the Con-
gress listed in section 203(b) and to the Councils, on the degree and 
extent of known and estimated compliance with the provisions of 
this Act. 
(b) POWERS or AUTHORIZED OFFICERS.—Any officer who is author-
ized (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 sub-
section (a)) to enforce the provisions of this Act may— 
(1) with or without a warrant or other process— 
(A) arrest any person, if he has reasonable cause to believe 
that such person has committed an act prohibited by section 
307; 
(B) board, and search or inspect, any fishing vessel which 
is subject to the provisions of this Act; 
(C) seize any fishing vessel (together with its fishing gear, 
furniture, appurtenances, stores, and cargo) used or employed 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 359 
in, or with respect to which it reasonably appears that such 
vessel was used or employed in, the violation of any provi-
sion of this Act ; 
(D) seize any fish (wherever found) taken or retained in 
violation of any provision of this Act; and 
(E) seize any other evidence related to any violation of 
any provision of this Act; 
^ 
(2) execute any warrant or other process issued by any court 
of competent jurisdiction; and 
(3) exercise any other lawful authority. 
(c) ISSUANCE OP CITATIONS.—If any officer authorized to enforce 
the provisions of this Act (as provided for in this section) finds that a 
fishing vessel is operating or has been operated in violation of any 
provision of this Act, 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). 
If a permit has been issued pureuant to this Act 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 Act. In the case of Guam, and 
any Commonwealth, territory, or 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. 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) DEFINITION.—For purposes of this section— 
(1) The term "provisions of this Act" includes (A) any regu-
lation or permit issued pursuant to this Act, and (B) any pro-
vision of, or regulation issued pursuant to, any international 
fishery agreement under which foreign fishing is authorized by 
section 201 (b) or (c), with respect to fishing subject to the exclu-
sive fishery management authority of the Uhited States. 
(2) The term "violation of any provision of this Act" includes 
(A) the commission of any act prohibited by section 307, and (B) 
the violation of any regulation, permit, or agreement referred to 
in paragraph (1). 
SEC. 312. EFFECTIVE DATE OF CERTAIN PROVISIONS. 
Sections 307, 308, 309, 310, and 311 shall take effect March 1, 1977. 16 USC 1857 
note. 
TITLE IV—MISCELLANEOUS PROVISIONS 
SEC. 401. EFFECT ON LAW OF THE SEA TREATY. 
If the United States ratifies a comprehensive treaty, which includes 16 USC 1881. 
provisions with respect to fishery conservation and management juris-
diction, resulting from any United Nations Conference on the Law of 
the Sea, the Secretary, after consultation with the Secretary of State, 
may promulgate any amendment to the regulations promulgated 
under this Act if such amendment is necessary and appropriate to 
90 STAT. 360 
PUBLIC LAW 94-265—APR. 13, 1976 
conform such regulations to the provisions of such treaty, in anticipa-
tion of the date when such treaty shall come into force and effect for, 
or otherwise be applicable to, the United States. 
SEC. 402. REPEALS. 
(a) The Act of October 14,1966 (16 U.S.C. 1091-1094), is repealed 
as of March 1,1977. 
(b) The Act of May 20, 1964 (16 U.S.C. 1081-1086), is repealed 
as of March 1,1977. 
SEC. 403. FISHERMEN'S PROTECTIVE ACT AMENDMENTS. 
(a) AMENDMENTS.—The Act of August 27, 1954 (22 U.S.C. 1972), 
is amended— 
(1) by amending section 2 thereof to read as follows: 
"SEC. 2. If— 
"(1) any vessel of the United States is seized by a foreign 
country on the basis of claims in territorial waters or the high 
seas which are not recognized by the United States; or 
"(2) any general claim of any foreign country to exclusive 
fishery management authority is recognized by the United States, 
and any vessel of the United States is seized by such foreign 
country on the basis of conditions and restrictions under such 
claim, if such conditions and restrictions— 
"(A) are unrelated to fishery conservation and manage-
ment, 
"(B) fail to consider and take into account traditional 
fishing practices of vessels of the United States, 
"(C) are greater or more onerous than the conditions and 
restrictions which the United States applies to foreign fish-
ing vessels subject to the exclusive fishery management 
authority of the United States (as established in title I of the 
Ante, p. 331. 
Fishery Conservation and Management Act of 1976), or 
"(D) fail to allow fishing vessels of the United States 
equitable access to fish subject to such country's exclusive 
fishery management authority; 
and there is no dispute as to the material facts with respect to 
the location or activity of such vessel at the time of such seizure, 
the Secretary of State shall immediately take such steps as are 
necessary— 
"(i) for the protection of such vessel and for the health 
and welfare of its crew; 
"(ii) to secure the release of such vessel and its crew; and 
"(iii) to determine the amount of any fine, license, fee, reg-
istration fee, or other direct charge reimbursable under section 
Infra. 
3 (a) of this Act."; and 
22 use 1973. 
(2) by amending section 3(a) thereof by inserting immediately 
before the last sentence thereof the following new sentence: "For 
purposes of this section, the term 'other direct charge' means any 
levy, however characterized or computed (including, but not 
limited to, any computation based on the value of a vessel or the 
value of fish or other property on board a vessel), which is imposed 
in addition to any fine, license fee, or registration fee." 
22 use 1972 
(b) EFFECTIVE DATE,—The amendment made by subsection (a) (1) 
note. 
shall take effect March 1, 1977. The amendment made by subsection 
22 use 1973 
(a) (2) shall apply with respect to seizures of vessels of the United 
note. 
States occurring on or after December 31,1974. 
SEC. 404. MARINE MAMMAL PROTECTION ACT AMENDMENT. 
(a) AMENDMENT.—Section 3(15) (B) of the Marine Mammal Pro-
tection Act of 1972 (16 U.S.C. 1362(15) (B)) is amended by striking 
PUBLIC LAW 94-265—APR. 13, 1976 
90 STAT. 361 
out "the fisheries zone established pursuant to the Act of October 14, 
1966." and inserting in lieu thereof "the waters included within a 
zone, contiguous to the territorial sea of the United States, of which 
the inner boundary is a line coterminous with the seaward boundary 
of each coastal State, and the outer boundary 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.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 16 USC 1362 
shall take effect March 1,1977. 
°o*«-
SEC. 405. ATLANTIC TUNAS CONVENTION ACT AMENDMENT. 
(a) AMENDMENT.—Section 2(4) of the Atlantic Tunas Convention 
Act of 1975 (16 U.S.C. 971(4)) is amended by striking out "the 
fisheries zone established pursuant to the Act of October 14, 1966 (80 
Stat. 908; 16 U.S.G. 1091-1094)," and inserting in lieu thereof "the 
waters included within a zone, contiguous to the territorial sea of the 
United States, of which the inner boundary is a line coterminous with 
the seaw ard boundary of each coastal State, and the outer boundary 
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,". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall 16 USC 971 note, 
take effect March 1,1977. 
SEC. 406. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Secretary, for pur- 16 USC 1882. 
poses of carrying out the provisions of this Act, not to exceed the 
following sums: 
(1) $5,000,000 for the fiscal year ending June 30,1976. 
(2) $5,000,000 for the transitional fiscal quarter ending Septem-
ber 30,1976. 
(3) $25,000,000 for the fiscal year ending September 30, 1977. 
(4) $30,000,000 for the fiscal year ending September 30,1978. 
Approved April 13, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-445 (Comm. on Merchant Marine and Fisheries) and No. 
94-948 (Comm. of Conference). 
SENATE REPORTS: No. 94-416 (Comm. on Commerce), No. 94-459 (Comm. on Foreign 
Relations), and No. 94-515 (Comm. on Armed Services) all 
accompanying S. 961, and No. 94-711 (Comm. of Conference). 
CONGRESSIONAL RECORD: 
Vol. 121 (1975): Oct. 9, considered and passed House. 
Dec. 19, S. 961 considered in Senate. 
Vol. 122 (1976): Jan. 19-22, 27, S. 961 considered in Senate. 
Jan. 28, considered and passed Senate, amended, in lieu of S. 
961. 
Mar. 29, Senate agreed to conference report. 
Mar. 30, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 12, No. 16 (1976): Apr. 13, Presidential statement.