Title 16 — Conservation
Chapter 38 — Fishery Conservation and Management
§ 1811. United States sovereign rights to fish and fishery management authority
Statutory text
In the exclusive economic zone
Except as provided in section 1812 of this title, the United States claims, and will exercise in the manner provided for in this chapter, sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone.
Beyond the exclusive economic zone
The United States claims, and will exercise in the manner provided for in this chapter, exclusive fishery management authority over the following:
All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; except that that management authority does not extend to any such species during the time they are found within any waters of a foreign nation.
All Continental Shelf fishery resources beyond the exclusive economic zone.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Fishery Conservation and Management Act of 1976
Pub. L. 94–265 title I § 101 · 90 Stat. 331
Enacted · 16 U.S.C. § 1811
Pub. L. 94–265, title I, § 101, Apr. 13, 1976, 90 Stat. 336
Source evidence
Code source credit
Pub. L. 94–265, title I, § 101, Apr. 13, 1976, 90 Stat. 336Enacted provision · exact public law section
SEC. 101. FISHERY CONSERVATION ZONE. 16 USC 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.Pub. L. 99–659 title I § 101(b) · 100 Stat. 3706
Amended · 16 U.S.C. § 1811
Pub. L. 99–659 amended section generally. Prior to amendment, section read as follows: “There is established a zone contiguous to the territorial sea of the United States to be known as the fishery conservation zone. The inner boundary of the fishery conservation zone is a line coterminous with the seaward boundary of each of the coastal States, and the outer boundary of such zone is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.”
Source evidence
Code amendment note
Pub. L. 99–659 amended section generally. Prior to amendment, section read as follows: “There is established a zone contiguous to the territorial sea of the United States to be known as the fishery conservation zone. The inner boundary of the fishery conservation zone is a line coterminous with the seaward boundary of each of the coastal States, and the outer boundary of such zone is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.”Enacted provision · exact public law section
(b) Authority Regarding Exclusive Economic Zone.— Title I of the Act (16 U.S.C. 1811–1813) is amended to read as follows: “TITLE I— UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES “SEC. 101. UNITED STATES SOVEREIGN RIGHTS TO FISH AND FISHERY MANAGEMENT AUTHORITY. “(a) In the Exclusive Economic Zone.— Except as provided in section 102, the United States claims, and will exercise in the manner provided for in this Act, sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone. “(b) Beyond the Exclusive Economic Zone.— The United States claims, and will exercise in the manner provided for in this Act, exclusive fishery management authority over the following: “(1) All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; except that that management authority does not extend to any such species during the time they are found within any foreign nation’s territorial sea or exclusive economic zone (or the equivalent), to the extent that that sea or zone is recognized by the United States. “(2) All Continental Shelf fishery resources beyond the exclusive economic zone. “SEC. 102. EXCLUSION FOR HIGHLY MIGRATORY SPECIES. “The sovereign rights and exclusive fishery management authority asserted by the United States under section 101 over fish do not include, and may not be construed to extend to, highly migratory species of fish.”.Pub. L. 101–627 title I § 102(b) · 104 Stat. 4436
Substituted · 16 U.S.C. § 1811(b)(1)
Pub. L. 101–627 substituted “any waters of a foreign nation” for “any foreign nation’s territorial sea or exclusive economic zone (or the equivalent), to the extent that that sea or zone is recognized by the United States”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 101–627 substituted “any waters of a foreign nation” for “any foreign nation’s territorial sea or exclusive economic zone (or the equivalent), to the extent that that sea or zone is recognized by the United States”.Enacted provision · exact public law section
(b) Conforming Amendment.— Section 101(b)(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1811(b)(1)) is amended by striking “any foreign nation’s” and all that follows and inserting in lieu thereof “any waters of a foreign nation.”.
3 of 3 references resolved to an enrolled provision
Notes
Amendment of Section
Pub. L. 102–251, title III, §§ 301(c), 308, , 106 Stat. 62, 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed , enters into force for the United States, with authority to prescribe implementing regulations effective , but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, subsection (a) is amended by inserting “and special areas” before the period at the end and subsection (b) is amended by inserting after paragraph (2) the following new paragraph:
(3) All fishery resources in the special areas.
Editorial Notes
References in Text
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 94–265, , 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
Amendments1986–1990 · 2 rounds
1990
Subsec. (b)(1). Pub. L. 101–627 substituted “any waters of a foreign nation” for “any foreign nation’s territorial sea or exclusive economic zone (or the equivalent), to the extent that that sea or zone is recognized by the United States”.
1986
Pub. L. 99–659 amended section generally. Prior to amendment, section read as follows: “There is established a zone contiguous to the territorial sea of the United States to be known as the fishery conservation zone. The inner boundary of the fishery conservation zone is a line coterminous with the seaward boundary of each of the coastal States, and the outer boundary of such zone is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.”
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed , enters into force for United States, with authority to prescribe implementing regulations effective , but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102–251, set out as a note under section 773 of this title.