Title 16 — Conservation
Chapter 38 — Fishery Conservation and Management
§ 1853. Contents of fishery management plans
Statutory text
Required provisions
Any fishery management plan which is prepared by any Council, or by the Secretary, with respect to any fishery, shall—
contain the conservation and management measures, applicable to foreign fishing and fishing by vessels of the United States, which are—
necessary and appropriate for the conservation and management of the fishery, to prevent overfishing and rebuild overfished stocks, and to protect, restore, and promote the long-term health and stability of the fishery;
described in this subsection or subsection (b), or both; and
consistent with the national standards, the other provisions of this chapter, regulations implementing recommendations by international organizations in which the United States participates (including but not limited to closed areas, quotas, and size limits), and any other applicable law;
contain a description of the fishery, including, but not limited to, the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the cost likely to be incurred in management, actual and potential revenues from the fishery, any recreational interests in the fishery, and the nature and extent of foreign fishing and Indian treaty fishing rights, if any;
assess and specify the present and probable future condition of, and the maximum sustainable yield and optimum yield from, the fishery, and include a summary of the information utilized in making such specification;
assess and specify—
the capacity and the extent to which fishing vessels of the United States, on an annual basis, will harvest the optimum yield specified under paragraph (3),
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
the capacity and extent to which United States fish processors, on an annual basis, will process that portion of such optimum yield that will be harvested by fishing vessels of the United States;
specify the pertinent data which shall be submitted to the Secretary with respect to commercial, recreational,1 charter fishing, and fish processing in the fishery, including, but not limited to, information regarding the type and quantity of fishing gear used, catch by species in numbers of fish or weight thereof, areas in which fishing was engaged in, time of fishing, number of hauls, economic information necessary to meet the requirements of this chapter, and the estimated processing capacity of, and the actual processing capacity utilized by, United States fish processors,2
consider and provide for temporary adjustments, after consultation with the Coast Guard and persons utilizing the fishery, regarding access to the fishery for vessels otherwise prevented from harvesting because of weather or other ocean conditions affecting the safe conduct of the fishery; except that the adjustment shall not adversely affect conservation efforts in other fisheries or discriminate among participants in the affected fishery;
describe and identify essential fish habitat for the fishery based on the guidelines established by the Secretary under section 1855(b)(1)(A) of this title, minimize to the extent practicable adverse effects on such habitat caused by fishing, and identify other actions to encourage the conservation and enhancement of such habitat;
in the case of a fishery management plan that, after , is submitted to the Secretary for review under section 1854(a) of this title (including any plan for which an amendment is submitted to the Secretary for such review) or is prepared by the Secretary, assess and specify the nature and extent of scientific data which is needed for effective implementation of the plan;
include a fishery impact statement for the plan or amendment (in the case of a plan or amendment thereto submitted to or prepared by the Secretary after ) which shall assess, specify, and analyze the likely effects, if any, including the cumulative conservation, economic, and social impacts, of the conservation and management measures on, and possible mitigation measures for—
participants in the fisheries and fishing communities affected by the plan or amendment;
participants in the fisheries conducted in adjacent areas under the authority of another Council, after consultation with such Council and representatives of those participants; and
the safety of human life at sea, including whether and to what extent such measures may affect the safety of participants in the fishery;
specify objective and measurable criteria for identifying when the fishery to which the plan applies is overfished (with an analysis of how the criteria were determined and the relationship of the criteria to the reproductive potential of stocks of fish in that fishery) and, in the case of a fishery which the Council or the Secretary has determined is approaching an overfished condition or is overfished, contain conservation and management measures to prevent overfishing or end overfishing and rebuild the fishery;
establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery, and include conservation and management measures that, to the extent practicable and in the following priority—
minimize bycatch; and
minimize the mortality of bycatch which cannot be avoided;
assess the type and amount of fish caught and released alive during recreational fishing under catch and release fishery management programs and the mortality of such fish, and include conservation and management measures that, to the extent practicable, minimize mortality and ensure the extended survival of such fish;
include a description of the commercial, recreational, and charter fishing sectors which participate in the fishery, including its economic impact, and, to the extent practicable, quantify trends in landings of the managed fishery resource by the commercial, recreational, and charter fishing sectors;
to the extent that rebuilding plans or other conservation and management measures which reduce the overall harvest in a fishery are necessary, allocate, taking into consideration the economic impact of the harvest restrictions or recovery benefits on the fishery participants in each sector, any harvest restrictions or recovery benefits fairly and equitably among the commercial, recreational, and charter fishing sectors in the fishery and; 3
establish a mechanism for specifying annual catch limits in the plan (including a multiyear plan), implementing regulations, or annual specifications, at a level such that overfishing does not occur in the fishery, including measures to ensure accountability.
Discretionary provisions
Any fishery management plan which is prepared by any Council, or by the Secretary, with respect to any fishery, may—
require a permit to be obtained from, and fees to be paid to, the Secretary, with respect to—
any fishing vessel of the United States fishing, or wishing to fish, in the exclusive economic zone or for anadromous species or Continental Shelf fishery resources beyond such zone;
the operator of any such vessel; or
any United States fish processor who first receives fish that are subject to the plan;
designate zones where, and periods when, fishing shall be limited, or shall not be permitted, or shall be permitted only by specified types of fishing vessels or with specified types and quantities of fishing gear;
designate such zones in areas where deep sea corals are identified under section 1884 of this title, to protect deep sea corals from physical damage from fishing gear or to prevent loss or damage to such fishing gear from interactions with deep sea corals, after considering long-term sustainable uses of fishery resources in such areas; and
with respect to any closure of an area under this chapter that prohibits all fishing, ensure that such closure—
is based on the best scientific information available;
includes criteria to assess the conservation benefit of the closed area;
establishes a timetable for review of the closed area’s performance that is consistent with the purposes of the closed area; and
is based on an assessment of the benefits and impacts of the closure, including its size, in relation to other management measures (either alone or in combination with such measures), including the benefits and impacts of limiting access to: users of the area, overall fishing activity, fishery science, and fishery and marine conservation;
establish specified limitations which are necessary and appropriate for the conservation and management of the fishery on the—
catch of fish (based on area, species, size, number, weight, sex, bycatch, total biomass, or other factors);
sale of fish caught during commercial, recreational, or charter fishing, consistent with any applicable Federal and State safety and quality requirements; and
transshipment or transportation of fish or fish products under permits issued pursuant to section 1824 of this title;
prohibit, limit, condition, or require the use of specified types and quantities of fishing gear, fishing vessels, or equipment for such vessels, including devices which may be required to facilitate enforcement of the provisions of this chapter;
incorporate (consistent with the national standards, the other provisions of this chapter, and any other applicable law) the relevant fishery conservation and management measures of the coastal States nearest to the fishery and take into account the different circumstances affecting fisheries from different States and ports, including distances to fishing grounds and proximity to time and area closures;
establish a limited access system for the fishery in order to achieve optimum yield if, in developing such system, the Council and the Secretary take into account—
present participation in the fishery;
historical fishing practices in, and dependence on, the fishery;
the economics of the fishery;
the capability of fishing vessels used in the fishery to engage in other fisheries;
the cultural and social framework relevant to the fishery and any affected fishing communities;
the fair and equitable distribution of access privileges in the fishery; and
any other relevant considerations;
require fish processors who first receive fish that are subject to the plan to submit data which are necessary for the conservation and management of the fishery;
require that one or more observers be carried on board a vessel of the United States engaged in fishing for species that are subject to the plan, for the purpose of collecting data necessary for the conservation and management of the fishery; except that such a vessel shall not be required to carry an observer on board if the facilities of the vessel for the quartering of an observer, or for carrying out observer functions, are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized;
assess and specify the effect which the conservation and management measures of the plan will have on the stocks of naturally spawning anadromous fish in the region;
include, consistent with the other provisions of this chapter, conservation and management measures that provide harvest incentives for participants within each gear group to employ fishing practices that result in lower levels of bycatch or in lower levels of the mortality of bycatch;
reserve a portion of the allowable biological catch of the fishery for use in scientific research;
include management measures in the plan to conserve target and non-target species and habitats, considering the variety of ecological factors affecting fishery populations; and
4 prescribe such other measures, requirements, or conditions and restrictions as are determined to be necessary and appropriate for the conservation and management of the fishery.
Proposed regulations
Proposed regulations which the Council deems necessary or appropriate for the purposes of—
implementing a fishery management plan or plan amendment shall be submitted to the Secretary simultaneously with the plan or amendment under section 1854 of this title; and
making modifications to regulations implementing a fishery management plan or plan amendment may be submitted to the Secretary at any time after the plan or amendment is approved under section 1854 of this title.
Footnotes
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 III § 303 · 90 Stat. 331
Enacted · 16 U.S.C. § 1853
Pub. L. 94–265, title III, § 303, Apr. 13, 1976, 90 Stat. 351
Source evidence
Code source credit
Pub. L. 94–265, title III, § 303, Apr. 13, 1976, 90 Stat. 351Enacted provision · exact public law section
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, applicable to foreign fishing and fishing by vessels of the United States, which are— (A) necessary and appropriate for the conservation and management of the fishery; (B) described in this subsection or subsection (b), or both; and (C) consistent with the national standards, the other provisions of this Act, and any other applicable law; (2) contain a description of the fishery, including, but not limited to, the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the cost likely to be incurred in management, actual and potential revenues from the fishery, any recreational interests in the fishery, and the nature and extent of foreign fishing and Indian treaty fishing rights, if any; (3) assess and specify the present and probable future condition of, and the maximum sustainable yield and optimum yield from, the fishery, and include a summary of the information utilized in making such specification; (4) assess and specify— (A) the capacity and the extent to which fishing vessels of the. United States, on an annual basis, will harvest the optimum yield specified under paragraph (3), 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 quantities 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; (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; (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 Council and the Secretary take into account— (A) present participation in the fishery, (B) historical fishing practices in, and dependence on, the fishery, (C) the economics of the fishery, (D) the capability of fishing vessels used in the fishery to engage in other fisheries, (E) the cultural and social framework relevant to the fishery, and (F) any other relevant considerations; and (7) prescribe such other measures, requirements, or conditions and restrictions as are determined to be necessary and appropriate for the conservation and management of the fishery. (c) Proposed Regulations.— Any Council may prepare any proposed 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 amendment, 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 regulation, 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.Pub. L. 95–354 § 5(2) · 92 Stat. 519
Added · 16 U.S.C. § 1853(a)(4)(C)
Pub. L. 95–354, § 5(2), added subpar. (C)
Source evidence
Code amendment note
Subsec. (a)(4)(C). Pub. L. 95–354, § 5(2), added subpar. (C).Enacted provision · exact public law section
(2) Section 303(a)(4) is amended— 16 USC 1853. (A) by striking out “and” at the end of subparagraph (A); (B) by striking out “; and” at the end of subparagraph (B) and inserting in lieu thereof “, and” and (C) by adding at the end thereof the following new subparagraph: “(C) the capacity and extent to which United States fish processors, on an annual basis, will process that portion of such optimum yield that will be harvested by fishing vessels of the United States; and”.Pub. L. 95–354 § 5(3) · 92 Stat. 519
Inserted · 16 U.S.C. § 1853(a)(5)
Pub. L. 95–354, § 5(3), inserted provisions relating to estimated processing capacity of, and the actual processing utilized by, United States fish processors
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 95–354, § 5(3), inserted provisions relating to estimated processing capacity of, and the actual processing utilized by, United States fish processors.Enacted provision · exact public law section
(3) Section 303(a)(5) is amended by striking out “and number of hauls.” and inserting in lieu thereof “number of hauls, and the estimated processing capacity of, and the actual processing capacity utilized by, United States fish processors.”.Pub. L. 97–453 § 6(1) · 96 Stat. 2481
Added · 16 U.S.C. § 1853(b)(7); 16 U.S.C. § 1853(b)(8)
Pub. L. 97–453, § 6(1), added par. (7)
Redesignated · 16 U.S.C. § 1853(b)(7); 16 U.S.C. § 1853(b)(8)
Pub. L. 97–453, § 6(1), redesignated former par. (7) as (8)
Source evidence
Code amendment note
Subsec. (b)(7), (8). Pub. L. 97–453, § 6(1), added par. (7) and redesignated former par. (7) as (8).Enacted provision · exact public law section
(1) Subsection (b) is amended— (A) by striking out “and” at the end of paragraph (6); (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting immediately after paragraph (6) the following new paragraph: “(7) assess and specify the effect which the conservation and management measures of the plan will have on the stocks of naturally spawning anadromous fish in the region; and”.Pub. L. 97–453 § 6(2) · 96 Stat. 2481
Substituted · 16 U.S.C. § 1853(c)
Pub. L. 97–453, § 6(2), substituted provision that the proposed regulation which the Council deems necessary or appropriate for purposes of carrying out a plan or amendment to a plan shall be submitted to the Secretary simultaneously with the plan or amendment for action by the Secretary under sections 1854 and 1855 of this title, for provision that any Council could prepare any proposed regulations which it deemed necessary and appropriate to carry out any fishery management plan, or any amendment to any fishery management plan, which was prepared by it, and that such proposed regulations would be submitted to the Secretary, together with such plan or amendment, for action by the Secretary pursuant to sections 1854 and 1855 of this title
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–453, § 6(2), substituted provision that the proposed regulation which the Council deems necessary or appropriate for purposes of carrying out a plan or amendment to a plan shall be submitted to the Secretary simultaneously with the plan or amendment for action by the Secretary under sections 1854 and 1855 of this title, for provision that any Council could prepare any proposed regulations which it deemed necessary and appropriate to carry out any fishery management plan, or any amendment to any fishery management plan, which was prepared by it, and that such proposed regulations would be submitted to the Secretary, together with such plan or amendment, for action by the Secretary pursuant to sections 1854 and 1855 of this title.Enacted provision · exact public law section
(2) Subsection (c) is amended to read as follows: “(c) Proposed Regulations.— The proposed regulations which the Council deems necessary or appropriate for purposes of carrying out a plan or amendment to a plan shall be submitted to the Secretary simultaneously with the plan or amendment for action by the Secretary under sections 304 and 305.”; and Infra; post, p. 2490.Pub. L. 97–453 § 6(3) · 96 Stat. 2481
Added · 16 U.S.C. § 1853(e)
Pub. L. 97–453, § 6(3), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 97–453, § 6(3), added subsec. (e).Enacted provision · exact public law section
(3) Such section is amended by adding at the end thereof the following new subsection: “(e) Data Collection Programs.— If a Council determines that additional information and data (other than information and data that would disclose proprietary or confidential commercial or financial information regarding fishing operations or fish processing operations) would be beneficial for the purposes of— “(1) determining whether a fishery management plan is needed for a fishery; or “(2) preparing a fishery management plan; the Council may request that the Secretary implement a data collection program for the fishery which would provide the types of information and data (other than information and data that would disclose proprietary or confidential commercial or financial information regarding fishing operations or fish processing operations) specified by the Council. The Secretary shall approve such a data Regulations. collection program if he determines that the need is justified, and shall promulgate regulations to implement the program within 60 days after such determination is made. If the Secretary determines that the need for a data collection program is not justified, he shall inform the Council of the reasons for such determination in writing. The determinations of the Secretary under this subsection regarding a Council request shall be made within a reasonable period of time after he receives that request.”.Pub. L. 99–659 § 105(a)(1) · 100 Stat. 3706
Added · 16 U.S.C. § 1853(a)(6); 16 U.S.C. § 1853(a)(7)
Pub. L. 99–659, § 105(a)(1), added pars. (6) and (7)
Source evidence
Code amendment note
Subsec. (a)(6), (7). Pub. L. 99–659, § 105(a)(1), added pars. (6) and (7).Enacted provision · exact public law section
(1) Section 303(a) of the Act (16 U.S.C. 1853(a)) is amended— (A) by striking out “and” at the end of paragraph (4); (B) by striking out the period at the end of paragraph (5) and inserting a comma; and (C) by adding after paragraph (5) the following new paragraphs: “(6) consider, and may provide for, temporary adjustments, Vessels. after consultation with the Coast Guard and persons utilizing the fishery, regarding access to the fishery for vessels otherwise prevented from harvesting because of weather or other ocean conditions affecting the safety of the vessels; and “(7) include readily available information regarding the significance of habitat to the fishery and assessment as to the effects which changes to that habitat may have upon the fishery.”.Pub. L. 99–659 § 101(c)(2) · 100 Stat. 3706
Substituted · 16 U.S.C. § 1853(b)(1)
Pub. L. 99–659, § 101(c)(2), substituted “exclusive economic zone” for “fishery conservation zone”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 99–659, § 101(c)(2), substituted “exclusive economic zone” for “fishery conservation zone”.Enacted provision · exact public law section
(2) by striking out “fishery conservation zone” each place it appears therein and inserting “exclusive economic zone”; andPub. L. 99–659 § 105(b) · 100 Stat. 3706
Amended · 16 U.S.C. § 1853(d)
Pub. L. 99–659, § 105(b), amended first sentence generally. Prior to amendment, first sentence read as follows: “Any statistics submitted to the Secretary by any person in compliance with any requirement under subsection (a)(5) of this section shall be confidential and shall not be disclosed except when required under court order.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 99–659, § 105(b), amended first sentence generally. Prior to amendment, first sentence read as follows: “Any statistics submitted to the Secretary by any person in compliance with any requirement under subsection (a)(5) of this section shall be confidential and shall not be disclosed except when required under court order.”Enacted provision · exact public law section
(b) Disclosure of Confidential Statistics.— The first sentence of section 303(d) of the Act (16 U.S.C. 1853(d)) is amended to read as follows: “Any statistic submitted to the Secretary by any person in compliance with any requirement under subsection (a)(s5) shall be confidential and shall not be disclosed; except— “(1) to Federal employees and Council employees who are responsible for management plan development and monitoring; or “(2) when required by court order.”.Pub. L. 101–627 § 109(a)(1) · 104 Stat. 4436
Inserted · 16 U.S.C. § 1853(a)(1)(A)
Pub. L. 101–627, § 109(a)(1), inserted before semicolon at end “, to prevent overfishing, and to protect, restore, and promote the long-term health and stability of the fishery”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 101–627, § 109(a)(1), inserted before semicolon at end “, to prevent overfishing, and to protect, restore, and promote the long-term health and stability of the fishery”.Enacted provision · exact public law section
(1) in paragraph (1)(A) by inserting “, to prevent overfishing, and to protect, restore, and promote the long-term health and stability of the fishery” immediately before the semicolon at the end;Pub. L. 101–627 § 109(a)(2) · 104 Stat. 4436
Inserted · 16 U.S.C. § 1853(a)(1)(C)
Pub. L. 101–627, § 109(a)(2), inserted “regulations implementing recommendations by international organizations in which the United States participates (including but not limited to closed areas, quotas, and size limits),” after “this chapter,”
Source evidence
Code amendment note
Subsec. (a)(1)(C). Pub. L. 101–627, § 109(a)(2), inserted “regulations implementing recommendations by international organizations in which the United States participates (including but not limited to closed areas, quotas, and size limits),” after “this chapter,”.Enacted provision · exact public law section
(2) in paragraph (1)(C) by inserting “regulations implementing recommendations by international organizations in which the United States participates (including but not limited to closed areas, quotas, and size limits),” immediately after “this Act,”;Pub. L. 101–627 § 109(a)(3) · 104 Stat. 4436
Amended · 16 U.S.C. § 1853(a)(6)
Pub. L. 101–627, § 109(a)(3), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “consider, and may provide for, temporary adjustments, after consultation with the Coast Guard and persons utilizing the fishery, regarding access to the fishery for vessels otherwise prevented from harvesting because of weather or other ocean conditions affecting the safety of the vessels; and”
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 101–627, § 109(a)(3), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “consider, and may provide for, temporary adjustments, after consultation with the Coast Guard and persons utilizing the fishery, regarding access to the fishery for vessels otherwise prevented from harvesting because of weather or other ocean conditions affecting the safety of the vessels; and”.Enacted provision · exact public law section
(3) by amending paragraph (6) to read as follows: “(6) consider and provide for temporary adjustments, after consultation with the Coast Guard and persons utilizing the fishery, regarding access to the fishery for vessels otherwise prevented from harvesting because of weather or other ocean conditions affecting the safe conduct of the fishery; except that the adjustment shall not adversely affect conservation efforts in other fisheries or discriminate among participants in the affected fishery;”;Pub. L. 101–627 § 109(a)(4) · 104 Stat. 4436
Added · 16 U.S.C. § 1853(a)(8); 16 U.S.C. § 1853(a)(9)
Pub. L. 101–627, § 109(a)(4), (5), added pars. (8) and (9)
Source evidence
Code amendment note
Subsec. (a)(8), (9). Pub. L. 101–627, § 109(a)(4), (5), added pars. (8) and (9).Enacted provision · exact public law section
(4) by striking the period at the end of paragraph (7) and inserting in lieu thereof a semicolon; andPub. L. 101–627 § 109(b)(1) · 104 Stat. 4436
Amended · 16 U.S.C. § 1853(b)(1)
Pub. L. 101–627, § 109(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “require a permit to be obtained from, and fees to be paid to, the Secretary with respect to any fishing vessel of the United States fishing, or wishing to fish, in the exclusive economic zone, or for anadromous species or Continental Shelf fishery resources beyond such zone;”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 101–627, § 109(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “require a permit to be obtained from, and fees to be paid to, the Secretary with respect to any fishing vessel of the United States fishing, or wishing to fish, in the exclusive economic zone, or for anadromous species or Continental Shelf fishery resources beyond such zone;”.Enacted provision · exact public law section
(1) Paragraph (1) of section 303(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1853(b)) is amended to read as follows: “(1) require a permit to be obtained from, and fees to be paid to, the Secretary, with respect to— “(A) any fishing vessel of the United States fishing, or wishing to fish, in the exclusive economic zone or for anadromous species or Continental Shelf fishery resources beyond such zone; “(B) the operator of any such vessel; or “(C) any United States fish processor who first receives fish that are subject to the plan;”.Pub. L. 101–627 § 109(b)(2) · 104 Stat. 4436
Added · 16 U.S.C. § 1853(b)(7)(10)
Pub. L. 101–627, § 109(b)(2), added pars. (7) and (8)
Redesignated · 16 U.S.C. § 1853(b)(7)(10)
Pub. L. 101–627, § 109(b)(2), redesignated former pars. (7) and (8) as (9) and (10), respectively
Source evidence
Code amendment note
Subsec. (b)(7) to (10). Pub. L. 101–627, § 109(b)(2), added pars. (7) and (8) and redesignated former pars. (7) and (8) as (9) and (10), respectively.Enacted provision · exact public law section
(2) Section 303(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1853(b)) is amended by redesignating paragraphs (7) and (8) as paragraphs (9) and (10), respectively, and by inserting immediately after paragraph (6) the following new paragraphs: “(7) require fish processors who first receive fish that are subject to the plan to submit data (other than economic data) which are necessary for the conservation and management of the fishery; “(8) require that observers be carried on board a vessel of the United States engaged in fishing for species that are subject to the plan, for the purpose of collecting data necessary for the conservation and management of the fishery; except that such a vessel shall not be required to carry an observer on board if the facilities of the vessel for the quartering of an observer, or for carrying out observer functions, are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized;”.Pub. L. 101–627 § 109(c) · 104 Stat. 4436
Substituted · 16 U.S.C. § 1853(d)
Pub. L. 101–627, § 109(c), in introductory provisions substituted “subsections (a) and (b)” for “subsection (a)(5)”
Added · 16 U.S.C. § 1853(d)
Pub. L. 101–627, § 109(c), in introductory provisions added par. (2)
Redesignated · 16 U.S.C. § 1853(d)
Pub. L. 101–627, § 109(c), in introductory provisions redesignated former par. (2) as (3)
Inserted · 16 U.S.C. § 1853(d)
Pub. L. 101–627, § 109(c), in introductory provisions inserted at end “Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary, or with the approval of the Secretary, the Council, of any statistic submitted in compliance with a requirement under subsection (a) or (b) of this section.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 101–627, § 109(c), in introductory provisions substituted “subsections (a) and (b)” for “subsection (a)(5)”, added par. (2), redesignated former par. (2) as (3), and inserted at end “Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary, or with the approval of the Secretary, the Council, of any statistic submitted in compliance with a requirement under subsection (a) or (b) of this section.”Enacted provision · exact public law section
(c) Confidentiality of Statistics.— Section 303(d) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1853(d)) is amended— (1) in the matter preceding paragraph (1) by striking “subsection (a)(5)” and inserting in lieu thereof “subsections (a) and (b)”; (2) by striking “or” at the end of paragraph (1); (3) by redesignating paragraph (2) as paragraph (3); (4) by inserting immediately after paragraph (1) the following new paragraph: “(2) to State employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business of any person; or”; and (5) by adding at the end the following new sentence: “Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary, or with the approval of the Secretary, the Council, of any statistic submitted in compliance with a requirement under subsection (a) or (b).”.Pub. L. 101–627 § 109(d) · 104 Stat. 4436
Added · 16 U.S.C. § 1853(f)
Pub. L. 101–627, § 109(d), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 101–627, § 109(d), added subsec. (f).Enacted provision · exact public law section
(d) Use of Certain Data.— Section 303 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1853) is further amended by adding at the end the following new subsection: “(f) Restriction on Use of Certain Data.— The Secretary shall Regulations. promulgate regulations to restrict the use, in civil enforcement or criminal proceedings under this Act, the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), or the Endangered Species Act (16 U.S.C. 1531 et seq.), of information collected by voluntary fishery data collectors, including sea samplers, while aboard any vessel for conservation and management purposes if the presence of such a fishery data collector aboard is not required by any of such Acts or regulations thereunder.”.Sustainable Fisheries Act
Pub. L. 104–297 § 108(a)(1) · 110 Stat. 3559
Inserted · 16 U.S.C. § 1853(a)(1)(A)
Pub. L. 104–297, § 108(a)(1), inserted “and rebuild overfished stocks” after “overfishing”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 104–297, § 108(a)(1), inserted “and rebuild overfished stocks” after “overfishing”.Enacted provision · exact public law section
(1) in paragraph (1)(A) by inserting “and rebuild overfished stocks” after “overfishing”;Sustainable Fisheries Act
Pub. L. 104–297 § 108(a)(2) · 110 Stat. 3559
Inserted · 16 U.S.C. § 1853(a)(5)
Pub. L. 104–297, § 108(a)(2), inserted “commercial, recreational, and charter fishing in” after “with respect to”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 104–297, § 108(a)(2), inserted “commercial, recreational, and charter fishing in” after “with respect to”.Enacted provision · exact public law section
(2) by inserting “commercial, recreational, and charter fishing in” in paragraph (5) after “with respect to”;Sustainable Fisheries Act
Pub. L. 104–297 § 108(a)(3) · 110 Stat. 3559
Added · 16 U.S.C. § 1853(a)(7)
Pub. L. 104–297, § 108(a)(3), added par. (7)
Struck · 16 U.S.C. § 1853(a)(7)
Pub. L. 104–297, § 108(a)(3), struck out former par. (7) which read as follows: “include readily available information regarding the significance of habitat to the fishery and assessment as to the effects which changes to that habitat may have upon the fishery;”
Source evidence
Code amendment note
Subsec. (a)(7). Pub. L. 104–297, § 108(a)(3), added par. (7) and struck out former par. (7) which read as follows: “include readily available information regarding the significance of habitat to the fishery and assessment as to the effects which changes to that habitat may have upon the fishery;”.Enacted provision · exact public law section
(3) by striking paragraph (7) and inserting the following: “(7) describe and identify essential fish habitat for the fishery based on the guidelines established by the Secretary under section 305(b)(1)(A), minimize to the extent practicable adverse effects on such habitat caused by fishing, and identify other actions to encourage the conservation and enhancement of such habitat;”;Sustainable Fisheries Act
Pub. L. 104–297 § 108(a)(5) · 110 Stat. 3559
Inserted · 16 U.S.C. § 1853(a)(9)(A)
Pub. L. 104–297, § 108(a)(5), inserted “and fishing communities” after “fisheries”
Source evidence
Code amendment note
Subsec. (a)(9)(A). Pub. L. 104–297, § 108(a)(5), inserted “and fishing communities” after “fisheries”.Enacted provision · exact public law section
(5) by inserting “and fishing communities” after “fisheries” in paragraph (9)(A);Sustainable Fisheries Act
Pub. L. 104–297 § 108(a)(4) · 110 Stat. 3559
Added · 16 U.S.C. § 1853(a)(10)(14)
Pub. L. 104–297, § 108(a)(4), (6), (7), added pars. (10) to (14)
Source evidence
Code amendment note
Subsec. (a)(10) to (14). Pub. L. 104–297, § 108(a)(4), (6), (7), added pars. (10) to (14).Enacted provision · exact public law section
(4) by striking “and” at the end of paragraph (8);Sustainable Fisheries Act
Pub. L. 104–297 § 108(c)(1) · 110 Stat. 3559
Added · 16 U.S.C. § 1853(b)(3)
Pub. L. 104–297, § 108(c)(1), added par. (3)
Struck · 16 U.S.C. § 1853(b)(3)
Pub. L. 104–297, § 108(c)(1), struck out former par. (3) which read as follows: “establish specified limitations on the catch of fish (based on area, species, size, number, weight, sex, incidental catch, total biomass, or other factors), which are necessary and appropriate for the conservation and management of the fishery;”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 104–297, § 108(c)(1), added par. (3) and struck out former par. (3) which read as follows: “establish specified limitations on the catch of fish (based on area, species, size, number, weight, sex, incidental catch, total biomass, or other factors), which are necessary and appropriate for the conservation and management of the fishery;”.Enacted provision · exact public law section
(1) by striking paragraph (3) and inserting the following: “(3) establish specified limitations which are necessary and appropriate for the conservation and management of the fishery on the— “(A) catch of fish (based on area, species, size, number, weight, sex, bycatch, total biomass, or other factors); “(B) sale of fish caught during commercial, recreational, or charter fishing, consistent with any applicable Federal and State safety and quality requirements; and “(C) transshipment or transportation of fish or fish products under permits issued pursuant to section 204;”;Sustainable Fisheries Act
Pub. L. 104–297 § 108(c)(2) · 110 Stat. 3559
Substituted · 16 U.S.C. § 1853(b)(6)
Pub. L. 104–297, § 108(c)(2), substituted “limited access system for” for “system for limiting access to” in introductory provisions
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 104–297, § 108(c)(2), substituted “limited access system for” for “system for limiting access to” in introductory provisions.Enacted provision · exact public law section
(2) by striking “system for limiting access to” in paragraph (6) and inserting “limited access system for”;Sustainable Fisheries Act
Pub. L. 104–297 § 108(c)(3) · 110 Stat. 3559
Inserted · 16 U.S.C. § 1853(b)(6)(E)
Pub. L. 104–297, § 108(c)(3), inserted “and any affected fishing communities” after “fishery”
Source evidence
Code amendment note
Subsec. (b)(6)(E). Pub. L. 104–297, § 108(c)(3), inserted “and any affected fishing communities” after “fishery”.Enacted provision · exact public law section
(3) by striking “fishery” in subparagraph (E) of paragraph (6) and inserting “fishery and any affected fishing communities”;Sustainable Fisheries Act
Pub. L. 104–297 § 108(c)(4) · 110 Stat. 3559
Substituted · 16 U.S.C. § 1853(b)(8)
Pub. L. 104–297, § 108(c)(4), substituted “require that one or more” for “require that”
Source evidence
Code amendment note
Subsec. (b)(8). Pub. L. 104–297, § 108(c)(4), substituted “require that one or more” for “require that”.Enacted provision · exact public law section
(4) by inserting “one or more” in paragraph (8) after “require that”;Sustainable Fisheries Act
Pub. L. 104–297 § 108(c)(5) · 110 Stat. 3559
Added · 16 U.S.C. § 1853(b)(10)(12)
Pub. L. 104–297, § 108(c)(5)–(7), added pars. (10) and (11)
Redesignated · 16 U.S.C. § 1853(b)(10)(12)
Pub. L. 104–297, § 108(c)(5)–(7), redesignated former par. (10) as (12)
Source evidence
Code amendment note
Subsec. (b)(10) to (12). Pub. L. 104–297, § 108(c)(5)–(7), added pars. (10) and (11) and redesignated former par. (10) as (12).Enacted provision · exact public law section
(5) by striking “and” at the end of paragraph (9);Sustainable Fisheries Act
Pub. L. 104–297 § 108(d) · 110 Stat. 3559
Added · 16 U.S.C. § 1853(c)
Pub. L. 104–297, § 108(d), added subsec. (c)
Struck · 16 U.S.C. § 1853(c)
Pub. L. 104–297, § 108(d), struck out heading and text of former subsec. (c). Text read as follows: “The proposed regulations which the Council deems necessary or appropriate for purposes of carrying out a plan or amendment to a plan shall be submitted to the Secretary simultaneously with the plan or amendment for action by the Secretary under sections 1854 and 1855 of this title.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–297, § 108(d), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “The proposed regulations which the Council deems necessary or appropriate for purposes of carrying out a plan or amendment to a plan shall be submitted to the Secretary simultaneously with the plan or amendment for action by the Secretary under sections 1854 and 1855 of this title.”Enacted provision · exact public law section
(d) Regulations.— Section 303 (16 U.S.C. 1853) is amended by striking subsection (c) and inserting the following: “(c) Proposed Regulations.— Proposed regulations which the Council deems necessary or appropriate for the purposes of— “(1) implementing a fishery management plan or plan amendment shall be submitted to the Secretary simultaneously with the plan or amendment under section 304; and “(2) making modifications to regulations implementing a fishery management plan or plan amendment may be submitted to the Secretary at any time after the plan or amendment is approved under section 304”.Sustainable Fisheries Act
Pub. L. 104–297 § 108(e) · 110 Stat. 3559
Added · 16 U.S.C. § 1853(d)(f)
Pub. L. 104–297, § 108(e), added subsec. (d)
Struck · 16 U.S.C. § 1853(d)(f)
Pub. L. 104–297, § 108(e), struck out former subsecs. (d) relating to confidentiality of statistics, (e) relating to data collection programs, and (f) relating to restriction on use of certain data
Source evidence
Code amendment note
Subsecs. (d) to (f). Pub. L. 104–297, § 108(e), added subsec. (d) and struck out former subsecs. (d) relating to confidentiality of statistics, (e) relating to data collection programs, and (f) relating to restriction on use of certain data.Enacted provision · exact public law section
(e) Individual Fishing Quotas.— Subsection 303 (16 U.S.C. 1853) is amended further by striking subsections (d), (e), and (f), and inserting the following: “(d) Individual Fishing Quotas.— “(1) (A) A Council may not submit and the Secretary may not approve or implement before October 1, 2000, any fishery management plan, plan amendment, or regulation under this Act which creates a new individual fishing quota program. “(B) Any fishery management plan, plan amendment, or regulation approved by the Secretary on or after January 4, 1995, which creates any new individual fishing quota program shall be repealed and immediately returned by the Secretary to the appropriate Council and shall not be resubmitted, reapproved, or implemented during the moratorium set forth in subparagraph (A). “(2) (A) No provision of law shall be construed to limit the authority of a Council to submit and the Secretary to approve the termination or limitation, without compensation to holders of any limited access system permits, of a fishery management plan, plan amendment, or regulation that provides for a limited access system, including an individual fishing quota program. “(B) This subsection shall not be construed to prohibit a Council from submitting, or the Secretary from approving and implementing, amendments to the North Pacific halibut and sablefish, South Atlantic wreckfish, or Mid-Atlantic surf clam and ocean (including mahogany) quahog individual fishing quota programs. “(3) An individual fishing quota or other limited access system authorization— “(A) shall be considered a permit for the purposes of sections 307, 308, and 309; “(B) may be revoked or limited at any time in accordance with this Act; “(C) shall not confer any right of compensation to the holder of such individual fishing quota or other such limited access system authorization if it is revoked or limited; and “(D) shall not create, or be construed to create, any right, title, or interest in or to any fish before the fish is harvested. “(4) (A) A Council may submit, and the Secretary may approve and implement, a program which reserves up to 25 percent of any fees collected from a fishery under section 304(d)(2) to be used, pursuant to section 1104A(a)(7) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to issue obligations that aid in financing the— “(i) purchase of individual fishing quotas in that fishery by fishermen who fish from small vessels; and “(ii) first-time purchase of individual fishing quotas in that fishery by entry level fishermen. “(B) A Council making a submission under subparagraph (A) shall recommend criteria, consistent with the provisions of this Act, that a fisherman must meet to qualify for guarantees under clauses (i) and (ii) of subparagraph (A) and the portion of funds to be allocated for guarantees under each clause. “(5) In submitting and approving any new individual fishing quota program on or after October 1, 2000, the Councils and the Secretary shall consider the report of the National Academy of Sciences required under section 108(f) of the Sustainable Fisheries Act, and any recommendations contained in such report, and shall ensure that any such program— “(A) establishes procedures and requirements for the review and revision of the terms of any such program (including any revisions that may be necessary once a national policy with respect to individual fishing quota programs is implemented), and, if appropriate, for the renewal, reallocation, or reissuance of individual fishing quotas; “(B) provides for the effective enforcement and management of any such program, including adequate observer coverage, and for fees under section 304(d)(2) to recover actual costs directly related to such enforcement and management; and “(C) provides for a fair and equitable initial allocation of individual fishing quotas, prevents any person from acquiring an excessive share of the individual fishing quotas issued, and considers the allocation of a portion of the annual harvest in the fishery for entry-level fishermen, small vessel owners, and crew members who do not hold or qualify for individual fishing quotas.”.Consolidated Appropriations Act, 2001
Pub. L. 106–554 § 1(a)(4)(dB)(tI)(s144)(a)(1) · 114 Stat. 2763
Substituted · 16 U.S.C. § 1853(d)(1)(A); 16 U.S.C. § 1853(d)(1)(5)
Pub. L. 106–554 substituted “October 1, 2002,” for “October 1, 2000,”
Source evidence
Code amendment note
Subsec. (d)(1)(A), (5). Pub. L. 106–554 substituted “October 1, 2002,” for “October 1, 2000,”.Enacted provision · exact public law section
(4) H.R. 5666, as introduced on December 15, 2000, except that the text of H.R. 5666, as so enacted, shall not include section 123 (relating to the enactment of H.R. 4904).Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 104(a)(1) · 120 Stat. 3575
Substituted · 16 U.S.C. § 1853(a)(5)
Pub. L. 109–479, § 104(a)(1), (2), substituted “charter fishing, and fish processing” for “and charter fishing”
Inserted · 16 U.S.C. § 1853(a)(5)
Pub. L. 109–479, § 104(a)(1), (2), inserted “economic information necessary to meet the requirements of this chapter,” after “number of hauls,”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 109–479, § 104(a)(1), (2), substituted “charter fishing, and fish processing” for “and charter fishing” and inserted “economic information necessary to meet the requirements of this chapter,” after “number of hauls,”.Enacted provision · exact public law section
(1) by striking “and charter fishing” in paragraph (5) and inserting “charter fishing, and fish processing”;Effective date note
Pub. L. 109–479, title I, § 104(b), Jan. 12, 2007, 120 Stat. 3584, provided that: “The amendment made by subsection (a)(10) [amending this section]—Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 101(b) · 120 Stat. 3575
Substituted · 16 U.S.C. § 1853(a)(9)
Pub. L. 109–479, § 101(b), in introductory provisions, substituted “analyze the likely effects, if any, including the cumulative conservation, economic, and social impacts, of the conservation and management measures on, and possible mitigation measures for—” for “describe the likely effects, if any, of the conservation and management measures on—”
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 109–479, § 101(b), in introductory provisions, substituted “analyze the likely effects, if any, including the cumulative conservation, economic, and social impacts, of the conservation and management measures on, and possible mitigation measures for—” for “describe the likely effects, if any, of the conservation and management measures on—”.Enacted provision · exact public law section
(b) Contents of Plans.— Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is amended by striking “describe the likely effects, if any, of the conservation and management measures on—” and inserting “analyze the likely effects, if any, including the cumulative conservation, economic, and social impacts, of the conservation and management measures on, and possible mitigation measures for—”.Effective date note
Pub. L. 109–479, title I, § 104(b), Jan. 12, 2007, 120 Stat. 3584, provided that: “The amendment made by subsection (a)(10) [amending this section]—Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 104(a)(3) · 120 Stat. 3575
Added · 16 U.S.C. § 1853(a)(9)(C)
Pub. L. 109–479, § 104(a)(3)–(5), added subpar. (C)
Source evidence
Code amendment note
Subsec. (a)(9)(C). Pub. L. 109–479, § 104(a)(3)–(5), added subpar. (C).Enacted provision · exact public law section
(3) by striking “and” after the semicolon in paragraph (9)(A);Effective date note
Pub. L. 109–479, title I, § 104(b), Jan. 12, 2007, 120 Stat. 3584, provided that: “The amendment made by subsection (a)(10) [amending this section]—Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 104(a)(6) · 120 Stat. 3575
Substituted · 16 U.S.C. § 1853(a)(13)
Pub. L. 109–479, § 104(a)(6), (7), substituted “in the fishery, including its economic impact,” for “in the fishery”
Struck · 16 U.S.C. § 1853(a)(13)
Pub. L. 109–479, § 104(a)(6), (7), struck out “and” after semicolon at end
Source evidence
Code amendment note
Subsec. (a)(13). Pub. L. 109–479, § 104(a)(6), (7), substituted “in the fishery, including its economic impact,” for “in the fishery” and struck out “and” after semicolon at end.Enacted provision · exact public law section
(6) by striking “fishery” the first place it appears in paragraph (13) and inserting “fishery, including its economic impact,”;Effective date note
Pub. L. 109–479, title I, § 104(b), Jan. 12, 2007, 120 Stat. 3584, provided that: “The amendment made by subsection (a)(10) [amending this section]—Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 104(a)(8) · 120 Stat. 3575
Substituted · 16 U.S.C. § 1853(a)(14)
Pub. L. 109–479, § 104(a)(8), (9), substituted “allocate, taking into consideration the economic impact of the harvest restrictions or recovery benefits on the fishery participants in each sector,” for “allocate”
Substituted · 16 U.S.C. § 1853(a)(14)
Pub. L. 109–479, § 104(a)(8), (9), substituted “fishery and;” for “fishery.”
Source evidence
Code amendment note
Subsec. (a)(14). Pub. L. 109–479, § 104(a)(8), (9), substituted “allocate, taking into consideration the economic impact of the harvest restrictions or recovery benefits on the fishery participants in each sector,” for “allocate” and “fishery and;” for “fishery.”Enacted provision · exact public law section
(8) by striking “allocate” in paragraph (14) and inserting “allocate, taking into consideration the economic impact of the harvest restrictions or recovery benefits on the fishery participants in each sector,”;Effective date note
Pub. L. 109–479, title I, § 104(b), Jan. 12, 2007, 120 Stat. 3584, provided that: “The amendment made by subsection (a)(10) [amending this section]—Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 104(a)(10) · 120 Stat. 3575
Added · 16 U.S.C. § 1853(a)(15)
Pub. L. 109–479, § 104(a)(10), added par. (15)
Source evidence
Code amendment note
Subsec. (a)(15). Pub. L. 109–479, § 104(a)(10), added par. (15).Enacted provision · exact public law section
(10) by adding at the end the following: “(15) Regulations. establish a mechanism for specifying annual catch limits in the plan (including a multiyear plan), implementing regulations, or annual specifications, at a level such that overfishing does not occur in the fishery, including measures to ensure accountability.” .Effective date note
Pub. L. 109–479, title I, § 104(b), Jan. 12, 2007, 120 Stat. 3584, provided that: “The amendment made by subsection (a)(10) [amending this section]—Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 105(1) · 120 Stat. 3575
Amended · 16 U.S.C. § 1853(b)(2)
Pub. L. 109–479, § 105(1), (2), designated existing provisions as subpar. (A)
Added · 16 U.S.C. § 1853(b)(2)
Pub. L. 109–479, § 105(1), (2), added subpars. (B) and (C)
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 109–479, § 105(1), (2), designated existing provisions as subpar. (A) and added subpars. (B) and (C).Enacted provision · exact public law section
(1) by inserting “(A)” after “(2)” in paragraph (2);Effective date note
Pub. L. 109–479, title I, § 104(b), Jan. 12, 2007, 120 Stat. 3584, provided that: “The amendment made by subsection (a)(10) [amending this section]—Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 105(3) · 120 Stat. 3575
Substituted · 16 U.S.C. § 1853(b)(5)
Pub. L. 109–479, § 105(3), substituted “fishery and take into account the different circumstances affecting fisheries from different States and ports, including distances to fishing grounds and proximity to time and area closures;” for “fishery;”
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 109–479, § 105(3), substituted “fishery and take into account the different circumstances affecting fisheries from different States and ports, including distances to fishing grounds and proximity to time and area closures;” for “fishery;”.Enacted provision · exact public law section
(3) by striking “fishery;” in paragraph (5) and inserting “fishery and take into account the different circumstances affecting fisheries from different States and ports, including distances to fishing grounds and proximity to time and area closures;”;Effective date note
Pub. L. 109–479, title I, § 104(b), Jan. 12, 2007, 120 Stat. 3584, provided that: “The amendment made by subsection (a)(10) [amending this section]—Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 105(4) · 120 Stat. 3575
Added · 16 U.S.C. § 1853(b)(6)
Pub. L. 109–479, § 105(4), added par. (6)
Struck · 16 U.S.C. § 1853(b)(6)
Pub. L. 109–479, § 105(4), struck out former par. (6) which read as follows: “establish a limited access system for the fishery in order to achieve optimum yield if, in developing such system, the Council and the Secretary take into account—
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 109–479, § 105(4), added par. (6) and struck out former par. (6) which read as follows: “establish a limited access system for the fishery in order to achieve optimum yield if, in developing such system, the Council and the Secretary take into account—“(A) present participation in the fishery, “(B) historical fishing practices in, and dependence on, the fishery, “(C) the economics of the fishery, “(D) the capability of fishing vessels used in the fishery to engage in other fisheries, “(E) the cultural and social framework relevant to the fishery and any affected fishing communities, and “(F) any other relevant considerations;”.
Enacted provision · exact public law section
(4) by striking paragraph (6) and inserting the following: “(6) establish a limited access system for the fishery in order to achieve optimum yield if, in developing such system, the Council and the Secretary take into account— “(A) present participation in the fishery; “(B) historical fishing practices in, and dependence on, the fishery; “(C) the economics of the fishery; “(D) the capability of fishing vessels used in the fishery to engage in other fisheries; “(E) the cultural and social framework relevant to the fishery and any affected fishing communities; “(F) the fair and equitable distribution of access privileges in the fishery; and “(G) any other relevant considerations;” ;Effective date note
Pub. L. 109–479, title I, § 104(b), Jan. 12, 2007, 120 Stat. 3584, provided that: “The amendment made by subsection (a)(10) [amending this section]—Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 105(5) · 120 Stat. 3575
Struck · 16 U.S.C. § 1853(b)(7)
Pub. L. 109–479, § 105(5), struck out “(other than economic data)” after “submit data”
Source evidence
Code amendment note
Subsec. (b)(7). Pub. L. 109–479, § 105(5), struck out “(other than economic data)” after “submit data”.Enacted provision · exact public law section
(5) by striking “(other than economic data)” in paragraph (7);Effective date note
Pub. L. 109–479, title I, § 104(b), Jan. 12, 2007, 120 Stat. 3584, provided that: “The amendment made by subsection (a)(10) [amending this section]—Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 105(6) · 120 Stat. 3575
Added · 16 U.S.C. § 1853(b)(12); 16 U.S.C. § 1853(b)(14)
Pub. L. 109–479, § 105(6), (7), added par. (12)
Redesignated · 16 U.S.C. § 1853(b)(12); 16 U.S.C. § 1853(b)(14)
Pub. L. 109–479, § 105(6), (7), redesignated former par. (12) as (14)
Source evidence
Code amendment note
Subsec. (b)(12), (14). Pub. L. 109–479, § 105(6), (7), added par. (12) and redesignated former par. (12) as (14).Enacted provision · exact public law section
(6) by striking “and” after the semicolon in paragraph (11); andEffective date note
Pub. L. 109–479, title I, § 104(b), Jan. 12, 2007, 120 Stat. 3584, provided that: “The amendment made by subsection (a)(10) [amending this section]—Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 106(a)(1) · 120 Stat. 3575
Struck · 16 U.S.C. § 1853(d)
Pub. L. 109–479, § 106(a)(1), struck out subsec. (d) which related to individual fishing quotas
Source evidence
Code amendment note
Subsec. (d). Pub. L. 109–479, § 106(a)(1), struck out subsec. (d) which related to individual fishing quotas.Enacted provision · exact public law section
(1) by striking section 303(d); 16 USC 1853. andEffective date note
Pub. L. 109–479, title I, § 104(b), Jan. 12, 2007, 120 Stat. 3584, provided that: “The amendment made by subsection (a)(10) [amending this section]—
58 of 58 references resolved to an enrolled provision
Notes
Amendment of Subsection (b)(1)(A)
Pub. L. 102–251, title III, §§ 301(g), 308, , 106 Stat. 64, 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed , 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 (b)(1)(A) is amended by inserting “or special areas,” after “exclusive economic zone” and “or areas” after “such zone”.
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(1)(C), (5) and (b)(2)(C), (4), (5), (10), was in the original “this Act”, meaning Pub. L. 94–265, , 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.
Amendments1978–2007 · 7 rounds
2007
Subsec. (a)(5). Pub. L. 109–479, § 104(a)(1), (2), substituted “charter fishing, and fish processing” for “and charter fishing” and inserted “economic information necessary to meet the requirements of this chapter,” after “number of hauls,”.
Subsec. (a)(9). Pub. L. 109–479, § 101(b), in introductory provisions, substituted “analyze the likely effects, if any, including the cumulative conservation, economic, and social impacts, of the conservation and management measures on, and possible mitigation measures for—” for “describe the likely effects, if any, of the conservation and management measures on—”.
Subsec. (a)(9)(C). Pub. L. 109–479, § 104(a)(3)–(5), added subpar. (C).
Subsec. (a)(13). Pub. L. 109–479, § 104(a)(6), (7), substituted “in the fishery, including its economic impact,” for “in the fishery” and struck out “and” after semicolon at end.
Subsec. (a)(14). Pub. L. 109–479, § 104(a)(8), (9), substituted “allocate, taking into consideration the economic impact of the harvest restrictions or recovery benefits on the fishery participants in each sector,” for “allocate” and “fishery and;” for “fishery.”
Subsec. (a)(15). Pub. L. 109–479, § 104(a)(10), added par. (15).
Subsec. (b)(2). Pub. L. 109–479, § 105(1), (2), designated existing provisions as subpar. (A) and added subpars. (B) and (C).
Subsec. (b)(5). Pub. L. 109–479, § 105(3), substituted “fishery and take into account the different circumstances affecting fisheries from different States and ports, including distances to fishing grounds and proximity to time and area closures;” for “fishery;”.
Subsec. (b)(6). Pub. L. 109–479, § 105(4), added par. (6) and struck out former par. (6) which read as follows: “establish a limited access system for the fishery in order to achieve optimum yield if, in developing such system, the Council and the Secretary take into account—
“(A) present participation in the fishery,
“(B) historical fishing practices in, and dependence on, the fishery,
“(C) the economics of the fishery,
“(D) the capability of fishing vessels used in the fishery to engage in other fisheries,
“(E) the cultural and social framework relevant to the fishery and any affected fishing communities, and
“(F) any other relevant considerations;”.
Subsec. (b)(7). Pub. L. 109–479, § 105(5), struck out “(other than economic data)” after “submit data”.
Subsec. (b)(12), (14). Pub. L. 109–479, § 105(6), (7), added par. (12) and redesignated former par. (12) as (14).
Subsec. (d). Pub. L. 109–479, § 106(a)(1), struck out subsec. (d) which related to individual fishing quotas.
2000
Subsec. (d)(1)(A), (5). Pub. L. 106–554 substituted “,” for “,”.
1996
Subsec. (a)(1)(A). Pub. L. 104–297, § 108(a)(1), inserted “and rebuild overfished stocks” after “overfishing”.
Subsec. (a)(5). Pub. L. 104–297, § 108(a)(2), inserted “commercial, recreational, and charter fishing in” after “with respect to”.
Subsec. (a)(7). Pub. L. 104–297, § 108(a)(3), added par. (7) and struck out former par. (7) which read as follows: “include readily available information regarding the significance of habitat to the fishery and assessment as to the effects which changes to that habitat may have upon the fishery;”.
Subsec. (a)(9)(A). Pub. L. 104–297, § 108(a)(5), inserted “and fishing communities” after “fisheries”.
Subsec. (a)(10) to (14). Pub. L. 104–297, § 108(a)(4), (6), (7), added pars. (10) to (14).
Subsec. (b)(3). Pub. L. 104–297, § 108(c)(1), added par. (3) and struck out former par. (3) which read as follows: “establish specified limitations on the catch of fish (based on area, species, size, number, weight, sex, incidental catch, total biomass, or other factors), which are necessary and appropriate for the conservation and management of the fishery;”.
Subsec. (b)(6). Pub. L. 104–297, § 108(c)(2), substituted “limited access system for” for “system for limiting access to” in introductory provisions.
Subsec. (b)(6)(E). Pub. L. 104–297, § 108(c)(3), inserted “and any affected fishing communities” after “fishery”.
Subsec. (b)(8). Pub. L. 104–297, § 108(c)(4), substituted “require that one or more” for “require that”.
Subsec. (b)(10) to (12). Pub. L. 104–297, § 108(c)(5)–(7), added pars. (10) and (11) and redesignated former par. (10) as (12).
Subsec. (c). Pub. L. 104–297, § 108(d), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “The proposed regulations which the Council deems necessary or appropriate for purposes of carrying out a plan or amendment to a plan shall be submitted to the Secretary simultaneously with the plan or amendment for action by the Secretary under sections 1854 and 1855 of this title.”
Subsecs. (d) to (f). Pub. L. 104–297, § 108(e), added subsec. (d) and struck out former subsecs. (d) relating to confidentiality of statistics, (e) relating to data collection programs, and (f) relating to restriction on use of certain data.
1990
Subsec. (a)(1)(A). Pub. L. 101–627, § 109(a)(1), inserted before semicolon at end “, to prevent overfishing, and to protect, restore, and promote the long-term health and stability of the fishery”.
Subsec. (a)(1)(C). Pub. L. 101–627, § 109(a)(2), inserted “regulations implementing recommendations by international organizations in which the United States participates (including but not limited to closed areas, quotas, and size limits),” after “this chapter,”.
Subsec. (a)(6). Pub. L. 101–627, § 109(a)(3), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “consider, and may provide for, temporary adjustments, after consultation with the Coast Guard and persons utilizing the fishery, regarding access to the fishery for vessels otherwise prevented from harvesting because of weather or other ocean conditions affecting the safety of the vessels; and”.
Subsec. (a)(8), (9). Pub. L. 101–627, § 109(a)(4), (5), added pars. (8) and (9).
Subsec. (b)(1). Pub. L. 101–627, § 109(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “require a permit to be obtained from, and fees to be paid to, the Secretary with respect to any fishing vessel of the United States fishing, or wishing to fish, in the exclusive economic zone, or for anadromous species or Continental Shelf fishery resources beyond such zone;”.
Subsec. (b)(7) to (10). Pub. L. 101–627, § 109(b)(2), added pars. (7) and (8) and redesignated former pars. (7) and (8) as (9) and (10), respectively.
Subsec. (d). Pub. L. 101–627, § 109(c), in introductory provisions substituted “subsections (a) and (b)” for “subsection (a)(5)”, added par. (2), redesignated former par. (2) as (3), and inserted at end “Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary, or with the approval of the Secretary, the Council, of any statistic submitted in compliance with a requirement under subsection (a) or (b) of this section.”
Subsec. (f). Pub. L. 101–627, § 109(d), added subsec. (f).
1986
Subsec. (a)(6), (7). Pub. L. 99–659, § 105(a)(1), added pars. (6) and (7).
Subsec. (b)(1). Pub. L. 99–659, § 101(c)(2), substituted “exclusive economic zone” for “fishery conservation zone”.
Subsec. (d). Pub. L. 99–659, § 105(b), amended first sentence generally. Prior to amendment, first sentence read as follows: “Any statistics submitted to the Secretary by any person in compliance with any requirement under subsection (a)(5) of this section shall be confidential and shall not be disclosed except when required under court order.”
1983
Subsec. (b)(7), (8). Pub. L. 97–453, § 6(1), added par. (7) and redesignated former par. (7) as (8).
Subsec. (c). Pub. L. 97–453, § 6(2), substituted provision that the proposed regulation which the Council deems necessary or appropriate for purposes of carrying out a plan or amendment to a plan shall be submitted to the Secretary simultaneously with the plan or amendment for action by the Secretary under sections 1854 and 1855 of this title, for provision that any Council could prepare any proposed regulations which it deemed necessary and appropriate to carry out any fishery management plan, or any amendment to any fishery management plan, which was prepared by it, and that such proposed regulations would be submitted to the Secretary, together with such plan or amendment, for action by the Secretary pursuant to sections 1854 and 1855 of this title.
Subsec. (e). Pub. L. 97–453, § 6(3), added subsec. (e).
1978
Subsec. (a)(4)(C). Pub. L. 95–354, § 5(2), added subpar. (C).
Subsec. (a)(5). Pub. L. 95–354, § 5(3), inserted provisions relating to estimated processing capacity of, and the actual processing utilized by, United States fish processors.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment; Applicability
Pub. L. 109–479, title I, § 104(b), , 120 Stat. 3584, provided that:
“The amendment made by subsection (a)(10) [amending this section]—
“(1) shall, unless otherwise provided for under an international agreement in which the United States participates, take effect—
“(A) in fishing year 2010 for fisheries determined by the Secretary to be subject to overfishing; and
“(B) in fishing year 2011 for all other fisheries; and
“(2) shall not apply to a fishery for species that have a life cycle of approximately 1 year unless the Secretary has determined the fishery is subject to overfishing of that species; and
“(3) shall not limit or otherwise affect the requirements of section 301(a)(1) or 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)(1) or 1854(e), respectively).”
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed , 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.
Effective Date of 1986 Amendment
Pub. L. 99–659, title I, § 105(a)(2), , 100 Stat. 3711, provided that:
“The amendments made by paragraph (1) [amending this section] apply to each fishery management plan that—
“(A) is submitted to the Secretary of Commerce for review under section 304(a) of the Act [16 U.S.C. 1854(a)], or that is prepared by the Secretary, after ; or
“(B) is in effect on that date, but compliance with those amendments is not required except in conjunction with the amendment to the plan next occurring after that date.”
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Exceptions to Subsection (d)(1) and Section 1883 Plan Restrictions
Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(b)], , 114 Stat. 2763, 2763A–238, provided that:
“Notwithstanding sections 303(d)(1)(A) and 303(d)(1)(B) of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1853(d)(1)(A), (B)], as amended by this section, the Pacific Fishery Management Council may recommend and the Secretary of Commerce may approve and implement any fishery management plan, plan amendment, or regulation, for fixed gear sablefish subject to the jurisdiction of such Council, that—
“(1) allows the use of more than one groundfish fishing permit by each fishing vessel; and/or
“(2) sets cumulative trip limit periods, up to 12 months in any calendar year, that allow fishing vessels a reasonable opportunity to harvest the full amount of the associated trip limits.
Notwithstanding subsection (a) [amending this section and section 1883 of this title], the Gulf of Mexico Fishery Management Council may develop a biological, economic, and social profile of any fishery under its jurisdiction that may be considered for management under a quota management system, including the benefits and consequences of the quota management systems considered. The North Pacific Fishery Management Council shall examine the fisheries under its jurisdiction, particularly the Gulf of Alaska groundfish and Bering Sea crab fisheries, to determine whether rationalization is needed. In particular, the North Pacific Council shall analyze individual fishing quotas, processor quotas, cooperatives, and quotas held by communities. The analysis should include an economic analysis of the impact of all options on communities and processors as well as the fishing fleets. The North Pacific Council shall present its analysis to the appropriations and authorizing committees of the Senate and House of Representatives in a timely manner.”
Implementation of Amendments to Plans Required by Section 108(a) of Pub. L. 104–297
Pub. L. 104–297, title I, § 108(b), , 110 Stat. 3575, provided that: “Not later than 24 months after the date of enactment of this Act [], each Regional Fishery Management Council shall submit to the Secretary of Commerce amendments to each fishery management plan under its authority to comply with the amendments made in subsection (a) of this section [amending this section].”
Individual Fishing Quota Report
Pub. L. 104–297, title I, § 108(f)(1)–(5), , 110 Stat. 3577–3579, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], , 110 Stat. 3009, 3009–41, provided that:
“(1) Not later than , the National Academy of Sciences, in consultation with the Secretary of Commerce and the Regional Fishery Management Councils, shall submit to the Congress a comprehensive final report on individual fishing quotas, which shall include recommendations to implement a national policy with respect to individual fishing quotas. The report shall address all aspects of such quotas, including an analysis of—
“(A) the effects of limiting or prohibiting the transferability of such quotas;
“(B) mechanisms to prevent foreign control of the harvest of United States fisheries under individual fishing quota programs, including mechanisms to prohibit persons who are not eligible to be deemed a citizen of the United States for the purpose of operating a vessel in the coastwise trade under section 2(a) and section 2(c) of the Shipping Act, 1916 ([former] 46 U.S.C. [App.] 802(a) and (c)) [see 46 U.S.C. 50501(a), (d)] from holding individual fishing quotas;
“(C) the impact of limiting the duration of individual fishing quota programs;
“(D) the impact of authorizing Federal permits to process a quantity of fish that correspond to individual fishing quotas, and of the value created for recipients of any such permits, including a comparison of such value to the value of the corresponding individual fishing quotas;
“(E) mechanisms to provide for diversity and to minimize adverse social and economic impacts on fishing communities, other fisheries affected by the displacement of vessels, and any impacts associated with the shifting of capital value from fishing vessels to individual fishing quotas, as well as the use of capital construction funds to purchase individual fishing quotas;
“(F) mechanisms to provide for effective monitoring and enforcement, including the inspection of fish harvested and incentives to reduce bycatch, and in particular economic discards;
“(G) threshold criteria for determining whether a fishery may be considered for individual fishing quota management, including criteria related to the geographical range, population dynamics and condition of a fish stock, the socioeconomic characteristics of a fishery (including participants’ involvement in multiple fisheries in the region), and participation by commercial, charter, and recreational fishing sectors in the fishery;
“(H) mechanisms to ensure that vessel owners, vessel masters, crew members, and United States fish processors are treated fairly and equitably in initial allocations, to require persons holding individual fishing quotas to be on board the vessel using such quotas, and to facilitate new entry under individual fishing quota programs;
“(I) potential social and economic costs and benefits to the nation, individual fishing quota recipients, and any recipients of Federal permits described in subparagraph (D) under individual fishing quota programs, including from capital gains revenue, the allocation of such quotas or permits through Federal auctions, annual fees and transfer fees at various levels, or other measures;
“(J) the value created for recipients of individual fishing quotas, including a comparison of such value to the value of the fish harvested under such quotas and to the value of permits created by other types of limited access systems, and the effects of creating such value on fishery management and conservation; and
“(K) such other matters as the National Academy of Sciences deems appropriate.
“(2) The report shall include a detailed analysis of individual fishing quota programs already implemented in the United States, including the impacts: of any limits on transferability, on past and present participants, on fishing communities, on the rate and total amount of bycatch (including economic and regulatory discards) in the fishery, on the safety of life and vessels in the fishery, on any excess harvesting or processing capacity in the fishery, on any gear conflicts in the fishery, on product quality from the fishery, on the effectiveness of enforcement in the fishery, on the size and composition of fishing vessel fleets, on the economic value created by individual fishing quotas for initial recipients and non-recipients, on conservation of the fishery resource, on fishermen who rely on participation in several fisheries, on the success in meeting any fishery management plan goals, and the fairness and effectiveness of the methods used for allocating quotas and controlling transferability. The report shall also include any information about individual fishing quota programs in other countries that may be useful.
“(3) The report shall identify and analyze alternative conservation and management measures, including other limited access systems such as individual transferable effort systems, that could accomplish the same objectives as individual fishing quota programs, as well as characteristics that are unique to individual fishing quota programs.
“(4) The Secretary of Commerce shall, in consultation with the National Academy of Sciences, the Councils, the fishing industry, affected States, conservation organizations and other interested persons, establish two individual fishing quota review groups to assist in the preparation of the report, which shall represent: (A) Alaska, Hawaii, and the other Pacific coastal States; and (B) Atlantic coastal States and the Gulf of Mexico coastal States. The Secretary shall, to the extent practicable, achieve a balanced representation of viewpoints among the individuals on each review group. The review groups shall be deemed to be advisory panels under section 302(g) of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1852(g)], as amended by this Act.
“(5) The Secretary of Commerce, in consultation with the National Academy of Sciences and the Councils, shall conduct public hearings in each Council region to obtain comments on individual fishing quotas for use by the National Academy of Sciences in preparing the report required by this subsection. The National Academy of Sciences shall submit a draft report to the Secretary of Commerce by . The Secretary of Commerce shall publish in the Federal Register a notice and opportunity for public comment on the draft of the report, or any revision thereof. A detailed summary of comments received and views presented at the hearings, including any dissenting views, shall be included by the National Academy of Sciences in the final report.”
Existing Quota Plans
Pub. L. 104–297, title I, § 108(i), , 110 Stat. 3581, provided that: “Nothing in this Act [see Short Title of 1996 Amendment note under section 1801 of this title] or the amendments made by this Act shall be construed to require a reallocation of individual fishing quotas under any individual fishing quota program approved by the Secretary before .”
Credits
1976–2007 · 9 acts
- 1976Pub. L. 94–265, title III, § 303, , 90 Stat. 351
- 1978Pub. L. 95–354, § 5(2), (3), , 92 Stat. 521
- 1983Pub. L. 97–453, § 6, , 96 Stat. 2486
- 1986Pub. L. 99–659, title I, §§ 101(c)(2), 105(a)(1), (b), , 100 Stat. 3707, 3711
- 1990Pub. L. 101–627, title I, § 109, , 104 Stat. 4447
- 1992Pub. L. 102–251, title III, § 301(g), , 106 Stat. 64
- 1996Pub. L. 104–297, title I, § 108(a), (c)–(e), , 110 Stat. 3574–3576
- 2000Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(a)(1), (2)], , 114 Stat. 2763, 2763A–238
- 2007Pub. L. 109–479, title I, §§ 101(b), 104(a), 105, 106(a)(1), , 120 Stat. 3579, 3584–3586.
Show as published
(Pub. L. 94–265, title III, § 303, , 90 Stat. 351; Pub. L. 95–354, § 5(2), (3), , 92 Stat. 521; Pub. L. 97–453, § 6, , 96 Stat. 2486; Pub. L. 99–659, title I, §§ 101(c)(2), 105(a)(1), (b), , 100 Stat. 3707, 3711; Pub. L. 101–627, title I, § 109, , 104 Stat. 4447; Pub. L. 102–251, title III, § 301(g), , 106 Stat. 64; Pub. L. 104–297, title I, § 108(a), (c)–(e), , 110 Stat. 3574–3576; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(a)(1), (2)], , 114 Stat. 2763, 2763A–238; Pub. L. 109–479, title I, §§ 101(b), 104(a), 105, 106(a)(1), , 120 Stat. 3579, 3584–3586.)