§ 1812. Highly migratory species

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.

1. 1976

   Fishery Conservation and Management Act of 1976

   Pub. L. 94–265 title I § 102 · 90 Stat. 331

   Enacted · 16 U.S.C. § 1812

   Pub. L. 94–265, title I, § 102, Apr. 13, 1976, 90 Stat. 336

   Source evidence

   Code source credit
   Pub. L. 94–265, title I, § 102, Apr. 13, 1976, 90 Stat. 336

   Enacted provision · exact public law section
   SEC 102. EXCLUSIVE FISHERY MANAGEMENT AUTHORITY 16 USC 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 territorial sea or fishery conservation zone (or the equivalent), to the extent that such sea or zone is recognized by the United States. (3) All Continental Shelf fishery resources beyond the fishery conservation zone,

2. 1986

   Pub. L. 99–659 title I § 101(b) · 100 Stat. 3706

   Amended · 16 U.S.C. § 1812

   Pub. L. 99–659 amended section generally. Prior to amendment, section read as follows: “The United States shall exercise exclusive fishery management authority, in the manner provided for in this chapter, over the following:

   Source evidence

   Code amendment note
   Pub. L. 99–659 amended section generally. Prior to amendment, section read as follows: “The United States shall exercise exclusive fishery management authority, in the manner provided for in this chapter, over the following:

   “(1) All fish within the fishery conservation zone. “(2) All anadromous species throughout the migratory range of each such species beyond the fishery conservation zone; except that such management authority shall not extend to such species during the time they are found within any foreign nation’s territorial sea or fishery conservation zone (or the equivalent), to the extent that such sea or zone is recognized by the United States. “(3) All Continental Shelf fishery resources beyond the fishery conservation zone.”

   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.”.

3. 1990

   Pub. L. 101–627 title I § 103(a) · 104 Stat. 4436

   Amended · 16 U.S.C. § 1812

   Pub. L. 101–627 amended section generally. Prior to amendment, section read as follows: “The sovereign rights and exclusive fishery management authority asserted by the United States under section 1811 of this title over fish do not include, and may not be construed to extend to, highly migratory species of fish.”

   Source evidence

   Code amendment note
   Pub. L. 101–627 amended section generally. Prior to amendment, section read as follows: “The sovereign rights and exclusive fishery management authority asserted by the United States under section 1811 of this title over fish do not include, and may not be construed to extend to, highly migratory species of fish.”

   Enacted provision · exact public law section
   (a) General.— Section 102 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1812) is amended to read as follows: “SEC. 102. HIGHLY MIGRATORY SPECIES. “The United States shall cooperate directly or through appropriate international organizations with those nations involved in fisheries for highly migratory species with a view to ensuring conservation and promoting the objective of optimum utilization of such species throughout their range, both within and beyond the exclusive economic zone.”.

   Effective date note
   Pub. L. 101–627, title I, § 103(c), Nov. 28, 1990, 104 Stat. 4439, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 1992.”

4. 1996

   Sustainable Fisheries Act

   Pub. L. 104–297 title I § 104 · 110 Stat. 3559

   Substituted · 16 U.S.C. § 1812

   Pub. L. 104–297 substituted “shall promote the achievement of optimum yield” for “promoting the objective of optimum utilization”

   Source evidence

   Code amendment note
   Pub. L. 104–297 substituted “shall promote the achievement of optimum yield” for “promoting the objective of optimum utilization”.

   Enacted provision · exact public law section
   SEC. 104. HIGHLY MIGRATORY SPECIES. Section 102 (16 U.S.C. 1812) is amended by striking “promoting the objective of optimum utilization” and inserting “shall promote the achievement of optimum yield”.

5. 2007

   Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

   Pub. L. 109–479 § 4 · 120 Stat. 3575

   1. Amended · 16 U.S.C. § 1812

      Pub. L. 109–479 designated existing provisions as subsec. (a)

   2. Inserted · 16 U.S.C. § 1812

      Pub. L. 109–479 inserted heading

   3. Added · 16 U.S.C. § 1812

      Pub. L. 109–479 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 109–479 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).

   Enacted provision · exact public law section
   SEC. 4. HIGHLY MIGRATORY SPECIES.   Section 102 (16 U.S.C. 1812) is amended— (1) by inserting “(a) In General.—” before “The”; and (2) by adding at the end the following: “(b) Traditional Participation.— In managing any fisheries under an international fisheries agreement to which the United States is a party, the appropriate Council or Secretary shall take into account the traditional participation in the fishery, relative to other nations, by fishermen of the United States on fishing vessels of the United States. “(c) Promotion of Stock Management.— If a relevant international fisheries organization does not have a process for developing a formal plan to rebuild a depleted stock, an overfished stock, or a stock that is approaching a condition of being overfished, the provisions of this Act in this regard shall be communicated to and promoted by the United States in the international or regional fisheries organization.” .

7 of 7 references resolved to an enrolled provision