Title 16 — Conservation

Chapter 38 — Fishery Conservation and Management

§ 1854. Action by Secretary

Statutory text

Review of plans

Upon transmittal by the Council to the Secretary of a fishery management plan or plan amendment, the Secretary shall—

immediately commence a review of the plan or amendment to determine whether it is consistent with the national standards, the other provisions of this chapter, and any other applicable law; and

immediately publish in the Federal Register a notice stating that the plan or amendment is available and that written information, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 60-day period beginning on the date the notice is published.

In undertaking the review required under paragraph (1), the Secretary shall—

take into account the information, views, and comments received from interested persons;

consult with the Secretary of State with respect to foreign fishing; and

consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea and to fishery access adjustments referred to in section 1853(a)(6) of this title.

The Secretary shall approve, disapprove, or partially approve a plan or amendment within 30 days of the end of the comment period under paragraph (1) by written notice to the Council. A notice of disapproval or partial approval shall specify—

the applicable law with which the plan or amendment is inconsistent;

the nature of such inconsistencies; and

recommendations concerning the actions that could be taken by the Council to conform such plan or amendment to the requirements of applicable law.

If the Secretary does not notify a Council within 30 days of the end of the comment period of the approval, disapproval, or partial approval of a plan or amendment, then such plan or amendment shall take effect as if approved.

If the Secretary disapproves or partially approves a plan or amendment, the Council may submit a revised plan or amendment to the Secretary for review under this subsection.

For purposes of this subsection and subsection (b), the term “immediately” means on or before the 5th day after the day on which a Council transmits to the Secretary a fishery management plan, plan amendment, or proposed regulation that the Council characterizes as final.

Review of regulations

Upon transmittal by the Council to the Secretary of proposed regulations prepared under section 1853(c) of this title, the Secretary shall immediately initiate an evaluation of the proposed regulations to determine whether they are consistent with the fishery management plan, plan amendment, this chapter and other applicable law. Within 15 days of initiating such evaluation the Secretary shall make a determination and—

if that determination is affirmative, the Secretary shall publish such regulations in the Federal Register, with such technical changes as may be necessary for clarity and an explanation of those changes, for a public comment period of 15 to 60 days; or

if that determination is negative, the Secretary shall notify the Council in writing of the inconsistencies and provide recommendations on revisions that would make the proposed regulations consistent with the fishery management plan, plan amendment, this chapter, and other applicable law.

Upon receiving a notification under paragraph (1)(B), the Council may revise the proposed regulations and submit them to the Secretary for reevaluation under paragraph (1).

The Secretary shall promulgate final regulations within 30 days after the end of the comment period under paragraph (1)(A). The Secretary shall consult with the Council before making any revisions to the proposed regulations, and must publish in the Federal Register an explanation of any differences between the proposed and final regulations.

Preparation and review of Secretarial plans

The Secretary may prepare a fishery management plan, with respect to any fishery, or any amendment to any such plan, in accordance with the national standards, the other provisions of this chapter, and any other applicable law, if—

the appropriate Council fails to develop and submit to the Secretary, after a reasonable period of time, a fishery management plan for such fishery, or any necessary amendment to such a plan, if such fishery requires conservation and management;

the Secretary disapproves or partially disapproves any such plan or amendment, or disapproves a revised plan or amendment, and the Council involved fails to submit a revised or further revised plan or amendment; or

the Secretary is given authority to prepare such plan or amendment under this section.

In preparing any plan or amendment under this subsection, the Secretary shall—

conduct public hearings, at appropriate times and locations in the geographical areas concerned, so as to allow interested persons an opportunity to be heard in the preparation and amendment of the plan and any regulations implementing the plan; and

consult with the Secretary of State with respect to foreign fishing and with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea.

Notwithstanding paragraph (1) for a fishery under the authority of a Council, the Secretary may not include in any fishery management plan, or any amendment to any such plan, prepared by him, a provision establishing a limited access system, including any limited access privilege program, unless such system is first approved by a majority of the voting members, present and voting, of each appropriate Council.

Whenever the Secretary prepares a fishery management plan or plan amendment under this section, the Secretary shall immediately—

for a plan or amendment for a fishery under the authority of a Council, submit such plan or amendment to the appropriate Council for consideration and comment; and

publish in the Federal Register a notice stating that the plan or amendment is available and that written information, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 60-day period beginning on the date the notice is published.

Whenever a plan or amendment is submitted under paragraph (4)(A), the appropriate Council must submit its comments and recommendations, if any, regarding the plan or amendment to the Secretary before the close of the 60-day period referred to in paragraph (4)(B). After the close of such 60-day period, the Secretary, after taking into account any such comments and recommendations, as well as any views, information, or comments submitted under paragraph (4)(B), may adopt such plan or amendment.

The Secretary may propose regulations in the Federal Register to implement any plan or amendment prepared by the Secretary. In the case of a plan or amendment to which paragraph (4)(A) applies, such regulations shall be submitted to the Council with such plan or amendment. The comment period on proposed regulations shall be 60 days, except that the Secretary may shorten the comment period on minor revisions to existing regulations.

The Secretary shall promulgate final regulations within 30 days after the end of the comment period under paragraph (6). The Secretary must publish in the Federal Register an explanation of any substantive differences between the proposed and final rules. All final regulations must be consistent with the fishery management plan, with the national standards and other provisions of this chapter, and with any other applicable law.

Establishment of fees

The Secretary shall by regulation establish the level of any fees which are authorized to be charged pursuant to section 1853(b)(1) of this title. The Secretary may enter into a cooperative agreement with the States concerned under which the States administer the permit system and the agreement may provide that all or part of the fees collected under the system shall accrue to the States. The level of fees charged under this subsection shall not exceed the administrative costs incurred in issuing the permits.

Notwithstanding paragraph (1), the Secretary is authorized and shall collect a fee to recover the actual costs directly related to the management, data collection, and enforcement of any—

limited access privilege program; and

community development quota program that allocates a percentage of the total allowable catch of a fishery to such program.

Such fee shall not exceed 3 percent of the ex-vessel value of fish harvested under any such program, and shall be collected at either the time of the landing, filing of a landing report, or sale of such fish during a fishing season or in the last quarter of the calendar year in which the fish is harvested.

Fees collected under this paragraph shall be in addition to any other fees charged under this chapter and shall be deposited in the Limited Access System Administration Fund established under section 1855(h)(5)(B) of this title.

Upon application by a State, the Secretary shall transfer to such State up to 33 percent of any fee collected pursuant to subparagraph (A) under a community development quota program and deposited in the Limited Access System Administration Fund in order to reimburse such State for actual costs directly incurred in the management and enforcement of such program.

Rebuilding overfished fisheries

The Secretary shall report annually to the Congress and the Councils on the status of fisheries within each Council’s geographical area of authority and identify those fisheries that are overfished or are approaching a condition of being overfished. For those fisheries managed under a fishery management plan or international agreement, the status shall be determined using the criteria for overfishing specified in such plan or agreement. A fishery shall be classified as approaching a condition of being overfished if, based on trends in fishing effort, fishery resource size, and other appropriate factors, the Secretary estimates that the fishery will become overfished within two years.

If the Secretary determines at any time that a fishery is overfished, the Secretary shall immediately notify the appropriate Council and request that action be taken to end overfishing in the fishery and to implement conservation and management measures to rebuild affected stocks of fish. The Secretary shall publish each notice under this paragraph in the Federal Register.

Within 2 years after an identification under paragraph (1) or notification under paragraphs (2) or (7), the appropriate Council (or the Secretary, for fisheries under section 1852(a)(3) of this title) shall prepare and implement a fishery management plan, plan amendment, or proposed regulations for the fishery to which the identification or notice applies—

to end overfishing immediately in the fishery and to rebuild affected stocks of fish; or

to prevent overfishing from occurring in the fishery whenever such fishery is identified as approaching an overfished condition.

For a fishery that is overfished, any fishery management plan, amendment, or proposed regulations prepared pursuant to paragraph (3) or paragraph (5) for such fishery shall—

specify a time period for rebuilding the fishery that shall—

be as short as possible, taking into account the status and biology of any overfished stocks of fish, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock of fish within the marine ecosystem; and

not exceed 10 years, except in cases where the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise;

allocate both overfishing restrictions and recovery benefits fairly and equitably among sectors of the fishery; and

for fisheries managed under an international agreement, reflect traditional participation in the fishery, relative to other nations, by fishermen of the United States.

If, within the 2-year period beginning on the date of identification or notification that a fishery is overfished, the Council does not submit to the Secretary a fishery management plan, plan amendment, or proposed regulations required by paragraph (3)(A), the Secretary shall prepare a fishery management plan or plan amendment and any accompanying regulations to stop overfishing and rebuild affected stocks of fish within 9 months under subsection (c).

During the development of a fishery management plan, a plan amendment, or proposed regulations required by this subsection, the Council may request the Secretary to implement interim measures to reduce overfishing under section 1855(c) of this title until such measures can be replaced by such plan, amendment, or regulations. Such measures, if otherwise in compliance with the provisions of this chapter, may be implemented even though they are not sufficient by themselves to stop overfishing of a fishery.

The Secretary shall review any fishery management plan, plan amendment, or regulations required by this subsection at routine intervals that may not exceed two years. If the Secretary finds as a result of the review that such plan, amendment, or regulations have not resulted in adequate progress toward ending overfishing and rebuilding affected fish stocks, the Secretary shall—

in the case of a fishery to which section 1852(a)(3) of this title applies, immediately make revisions necessary to achieve adequate progress; or

for all other fisheries, immediately notify the appropriate Council. Such notification shall recommend further conservation and management measures which the Council should consider under paragraph (3) to achieve adequate progress.

Fisheries under authority of more than one Council

Except as provided in paragraph (3),1 if any fishery extends beyond the geographical area of authority of any one Council, the Secretary may—

designate which Council shall prepare the fishery management plan for such fishery and any amendment to such plan; or

may require that the plan and amendment be prepared jointly by the Councils concerned.

No jointly prepared plan or amendment may be submitted to the Secretary unless it is approved by a majority of the voting members, present and voting, of each Council concerned.

The Secretary shall establish the boundaries between the geographical areas of authority of adjacent Councils.

Atlantic highly migratory species

Preparation and implementation of plan or plan amendment

The Secretary shall prepare a fishery management plan or plan amendment under subsection (c) with respect to any highly migratory species fishery to which section 1852(a)(3) of this title applies. In preparing and implementing any such plan or amendment, the Secretary shall—

consult with and consider the comments and views of affected Councils, commissioners and advisory groups appointed under Acts implementing relevant international fishery agreements pertaining to highly migratory species, and the advisory panel established under section 1852(g) of this title;

establish an advisory panel under section 1852(g) of this title for each fishery management plan to be prepared under this paragraph;

evaluate the likely effects, if any, of conservation and management measures on participants in the affected fisheries and minimize, to the extent practicable, any disadvantage to United States fishermen in relation to foreign competitors;

with respect to a highly migratory species for which the United States is authorized to harvest an allocation, quota, or at a fishing mortality level under a relevant international fishery agreement, provide fishing vessels of the United States with a reasonable opportunity to harvest such allocation, quota, or at such fishing mortality level;

review, on a continuing basis (and promptly whenever a recommendation pertaining to fishing for highly migratory species has been made under a relevant international fishery agreement), and revise as appropriate, the conservation and management measures included in the plan;

diligently pursue, through international entities (such as the International Commission for the Conservation of Atlantic Tunas), comparable international fishery management measures with respect to fishing for highly migratory species; and

ensure that conservation and management measures under this subsection—

promote international conservation of the affected fishery;

take into consideration traditional fishing patterns of fishing vessels of the United States and the operating requirements of the fisheries;

are fair and equitable in allocating fishing privileges among United States fishermen and do not have economic allocation as the sole purpose; and

promote, to the extent practicable, implementation of scientific research programs that include the tagging and release of Atlantic highly migratory species.

Certain fish excluded from “bycatch” definition

Notwithstanding section 1802(2) of this title, fish harvested in a commercial fishery managed by the Secretary under this subsection or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d), or highly migratory species harvested in a commercial fishery managed by a Council under this chapter or the Western and Central Pacific Fisheries Convention Implementation Act [16 U.S.C. 6901 et seq.], that are not regulatory discards and that are tagged and released alive under a scientific tagging and release program established by the Secretary shall not be considered bycatch for purposes of this chapter.

Repeal or revocation of a fishery management plan

The Secretary may repeal or revoke a fishery management plan for a fishery under the authority of a Council only if the Council approves the repeal or revocation by a three-quarters majority of the voting members of the Council.

 2 Environmental review process

Procedures

The Secretary shall, in consultation with the Councils and the Council on Environmental Quality, revise and update agency procedures for compliance with the National Environmental Policy Act (42 U.S.C. 4231 et seq.). The procedures shall—

conform to the time lines for review and approval of fishery management plans and plan amendments under this section; and

integrate applicable environmental analytical procedures, including the time frames for public input, with the procedure for the preparation and dissemination of fishery management plans, plan amendments, and other actions taken or approved pursuant to this chapter in order to provide for timely, clear and concise analysis that is useful to decision makers and the public, reduce extraneous paperwork, and effectively involve the public.

Usage

The updated agency procedures promulgated in accordance with this section used by the Councils or the Secretary shall be the sole environmental impact assessment procedure for fishery management plans, amendments, regulations, or other actions taken or approved pursuant to this chapter.

Schedule for promulgation of final procedures

The Secretary shall—

propose revised procedures within 6 months after January 12, 2007;

provide 90 days for public review and comments; and

promulgate final procedures no later than 12 months after January 12, 2007.

Public participation

The Secretary is authorized and directed, in cooperation with the Council on Environmental Quality and the Councils, to involve the affected public in the development of revised procedures, including workshops or other appropriate means of public involvement.

 ² International overfishing

The provisions of this subsection shall apply in lieu of subsection (e) to a fishery that the Secretary determines is overfished or approaching a condition of being overfished due to excessive international fishing pressure, and for which there are no management measures to end overfishing under an international agreement to which the United States is a party. For such fisheries—

the Secretary, in cooperation with the Secretary of State,3 immediately take appropriate action at the international level to end the overfishing; and

within 1 year after the Secretary’s determination, the appropriate Council, or Secretary, for fisheries under section 1852(a)(3) of this title shall—

develop recommendations for domestic regulations to address the relative impact of fishing vessels of the United States on the stock and, if developed by a Council, the Council shall submit such recommendations to the Secretary; and

develop and submit recommendations to the Secretary of State, and to the Congress, for international actions that will end overfishing in the fishery and rebuild the affected stocks, taking into account the relative impact of vessels of other nations and vessels of the United States on the relevant stock.

Footnotes

1 See References in Text note below.
2 So in original. Two subsecs. (i) have been enacted.
3 So in original. Probably should be followed by “shall”.

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.

1976
Fishery Conservation and Management Act of 1976
Pub. L. 94–265 title III § 304 · 90 Stat. 331
Enacted · 16 U.S.C. § 1854
Pub. L. 94–265, title III, § 304, Apr. 13, 1976, 90 Stat. 352
Source evidence
Code source credit
Pub. L. 94–265, title III, § 304, Apr. 13, 1976, 90 Stat. 352
Enacted provision · exact public law section
SEC. 304. ACTION BY THE SECRETARY. (a) Action by the Secretary After Receipt of Plan.— Within 60 days after the Secretary receives any fishery management plan, or any amendment to any such plan, which is prepared by any Council, the Secretary shall— (1) review such plan or amendment pursuant to subsection (b); and (2) notify such Council in writing of his approval, disapproval, or partial disapproval of such plan or amendment. In the case of disapproval or partial disapproval, the Secretary shall include in such notification a statement and explanation of the Secretary’s objections and the reasons therefor, suggestions for improvement, a request to such Council to change such plan or amendment to satisfy the objections, and a request, to resubmit the plan or amendment, as so modified, to the Secretary within 45 days after the date on which the Council receives such notification. (b) Review by the Secretary.— The Secretary shall review any fishery management plan, and any amendment to any such plan, prepared by any Council and submitted to him to determine whether it is consistent with the national standards, the other provisions of this Act, and any other applicable law. In carrying out such review, the Secretary shall consult with— (1) the Secretary of State with respect to foreign fishing; and (2) the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea. (c) Preparation by the Secretary.— (1) The Secretary may prepare a fishery management plan, with respect to any fishery, or any amendment to any such plan, in accordance with the national standards, the other provisions of this Act, and any other applicable law, if— (A) the appropriate Council fails to develop and submit to the Secretary, after a reasonable, period of time, a fishery management plan for such fishery, or any necessary amendment to such a plan, if such fishery requires conservation and management; or (B) the Secretary disapproves or partially disapproves any such plan or amendment, and the Council involved fails to change such plan or amendment in accordance with the notification made under subsection (a)(2). In preparing any such plan or amendment, the Secretary shall consult with the Secretary of Stale with respect, to foreign fishing and with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea. (2) Whenever, pursuant to paragraph (1), the Secretary prepares a fishery management plan or amendment, the Secretary shall promptly transmit such plan or amendment to the appropriate Council for consideration and comment. Within 45 days after the date of receipt of such plan or amendment, the appropriate Council may recommend, to the Secretary, changes in such plan or amendment, consistent with the national standards, the other provisions of this Act, and any other applicable, law. After the expiration of such 45-day period, the Secretary may implement such plan or amendment pursuant to section 305. (3) Notwithatanding paragraph (1), the Secretary may not include in any fishery management plan, or any amendment to any such plan, prepared by him, a provision establishing a limited access system described in section 303(b)(6), unless such system is first approved by a majority of the voting members, present, and voting, of each appropriate Council. (d) Establishment of Fees.— The Secretary shall by regulation Regulations. establish the level of any fees which are authorized to be charged pursuant to section 303(b)(1). Such level shall not exceed the administrative costs incurred by the Secretary in issuing such permits. (e) Fisheries Research.— The Secretary shall initiate and maintain a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this Act. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management, including, but not limited to, biological research concerning the interdependence of fisheries or stocks of fish, the impact of pollution on fish, the impact of wetland and estuarine degradation, and other matte re bearing upon the abundance and availability of fish. (f) Miscellaneous Duties.— (1) If any fishery extends beyond the geographical area of authority of any one Council, the Secretary may— (A) designate which Council shall prepare the fishery management plan for such fishery and any amendment to such plan; or (B) may require that the plan and amendment be prepared jointly by the Councils concerned. No jointly prepared plan or amendment may be submitted to the Secretary unless it is approved by a majority of the voting members, present and voting, of each Council concerned. (2) The Secretary shall establish the boundaries between the geographical areas of authority of adjacent Councils.
1983
Pub. L. 97–453 § 7(a)(1) · 96 Stat. 2481
Amended · 16 U.S.C. § 1854(a)
Pub. L. 97–453, § 7(a)(1), amended subsec. (a) generally, which had provided that within 60 days after the Secretary received any fishery management plan, or any amendment to any such plan, which was prepared by any Council, the Secretary was to review such plan or amendment pursuant to subsection (b) of this section, notify such Council in writing of his approval, disapproval, or partial disapproval of such plan or amendment, and that in the case of disapproval or partial disapproval, the Secretary was to include in such notification a statement and explanation of the Secretary’s objections and the reasons therefor, suggestions for improvement, a request to such Council to change such plan or amendment to satisfy the objections, and a request to resubmit the plan or amendment, as so modified, to the Secretary within 45 days after the date on which the Council received such notification
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–453, § 7(a)(1), amended subsec. (a) generally, which had provided that within 60 days after the Secretary received any fishery management plan, or any amendment to any such plan, which was prepared by any Council, the Secretary was to review such plan or amendment pursuant to subsection (b) of this section, notify such Council in writing of his approval, disapproval, or partial disapproval of such plan or amendment, and that in the case of disapproval or partial disapproval, the Secretary was to include in such notification a statement and explanation of the Secretary’s objections and the reasons therefor, suggestions for improvement, a request to such Council to change such plan or amendment to satisfy the objections, and a request to resubmit the plan or amendment, as so modified, to the Secretary within 45 days after the date on which the Council received such notification.
Enacted provision · exact public law section
(1) Subsections (a) and (b) are amended to read as follows: “(a) Action by the Secretary After Receipt of Plan.— (1) After the Secretary receives a fishery management plan, or amendment to a plan, which was prepared by a Council (the date of receipt of which is hereafter in this section referred to as the ‘receipt date’), the Secretary shall— “(A) immediately commence a review of the management Review. plan or amendment to determine whether it is consistent with the national standards, the other provisions of this Act, and any other applicable law; “(B) immediately publish in the Federal Register a notice Publication in Federal Roister. stating that the plan or amendment is available and that written data, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 75-day period beginning on the receipt date; and “(C) by the 30th day after the receipt date— “(i) make such changes in the proposed regulations submitted for the plan or amendment under section 303(c) as Ante, p. 2486. may be necessary for the implementation of the plan, and “(ii) publish such proposed regulations, including any Publication in Federal Register. changes made thereto under clause (i), in the Federal Register together with an explanation of those changes which are substantive. “(2) In undertaking the review required under paragraph (1)(A), the Secretary shall— “(A) take into account the data, views, and comments received from interested persons; “(B) consult with the Secretary of State with respect to foreign fishing; and “(C) consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea. “(b)Plan implementation.Post, p. 2490. (1) A plan or amendment shall take effect and be implemented in accordance with section 305(c) if— “(A) the Secretary does not notify the Council in writing of his disapproval, or partial disapproval, under paragraph (2), of the plan or amendment before the close of the 95th day after the receipt date; or “(B) at any time subsequent to the 75th day after the receipt date and before such 95th day, the Secretary notifies the Council in writing that he does not intend to disapprove, or partially disapprove, the plan or amendment. “(2)Notification of disapproval. If after review under subsection (a) the Secretary determines that the plan or amendment is not consistent with the criteria set forth in paragraph (1)(A) of that subsection, the Secretary shall notify the Council in writing of his disapproval or partial disapproval of the plan or amendment. Such notice shall specify— “(A) the applicable law with which the plan or amendment is inconsistent; “(B) the nature of such inconsistency; and “(C) recommendations concerning the actions that could be taken by the Council to conform such plan or amendment to the requirements of applicable law. “(3)Revised plan. (A) If the Secretary disapproves, or partially disapproves, a proposed plan or amendment under paragraph (2), the Council may submit a revised plan or amendment, accompanied by appropriately revised proposed regulations, to the Secretary. “(B) After the Secretary receives a revised plan or amendment under subparagraph (A) or (C)(ii), the Secretary shall immediately— “(i) commence a review of the plan or amendment to determine whether it complies with the criteria set forth in subsection (a)(1)(A); “(ii)Publications in Federal Register. publish in the Federal Register a notice stating that the revised plan or amendment is available and that written data, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 30-day period beginning on the date (hereinafter in this paragraph referred to as the ‘revised receipt date’) the plan or amendment was submitted to the Secretary under subparagraph (A) or (C)(ii); and “(iii) review the revised proposed regulations, if any, submitted by the Council and make such changes to them as may be necessary for the implementation of the plan, and thereafter publish such revised proposed regulations (as so changed) in the Federal Register together with an explanation of each of such changes that is substantive. “(C) (i) Before the close of the 60th day after the revised receipt date, the Secretary, after taking into account any data, views, or comments received under subparagraph (B)(ii), shall complete the review required under subparagraph (B)(i) and determine whether the plan or amendment complies with the criteria set forth in Notification of disapproval. subsection (a)(1)(A). If the Secretary determines that a plan or amendment is not in compliance with such criteria, he shall immediately notify the Council of his disapproval of the plan or amendment. “(ii) After notifying a Council of disapproval under clause (i), the Secretary shall promptly provide to the Council a written statement of the reasons on which the disapproval was based and advise the Council that it may submit a further revised plan or amendment, together with appropriately revised proposed regulations, for review and determination under this paragraph. “(D) A revised plan or amendment shall take effect and be implemented in accordance with section 305(c) if the Secretary does not Post, p. 2490. notify the Council, in writing, by the close of the 60th day after the revised receipt date of his disapproval of the plan or amendment.”.
1983
Pub. L. 97–453 § 7(a)(1) · 96 Stat. 2481
Amended · 16 U.S.C. § 1854(b)
Pub. L. 97–453, § 7(a)(1), amended subsec. (b) generally, which had provided that the Secretary was to review any fishery management plan, and any amendment to any such plan, prepared by any Council and submitted to him to determine whether it was consistent with the national standards, the other provisions of this chapter, and any other applicable law, and that in carrying out such review, the Secretary was to consult with the Secretary of State with respect to foreign fishing, and the Secretary of the department in which the Coast Guard was operating with respect to enforcement at sea
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–453, § 7(a)(1), amended subsec. (b) generally, which had provided that the Secretary was to review any fishery management plan, and any amendment to any such plan, prepared by any Council and submitted to him to determine whether it was consistent with the national standards, the other provisions of this chapter, and any other applicable law, and that in carrying out such review, the Secretary was to consult with the Secretary of State with respect to foreign fishing, and the Secretary of the department in which the Coast Guard was operating with respect to enforcement at sea.
Enacted provision · exact public law section
(1) Subsections (a) and (b) are amended to read as follows: “(a) Action by the Secretary After Receipt of Plan.— (1) After the Secretary receives a fishery management plan, or amendment to a plan, which was prepared by a Council (the date of receipt of which is hereafter in this section referred to as the ‘receipt date’), the Secretary shall— “(A) immediately commence a review of the management Review. plan or amendment to determine whether it is consistent with the national standards, the other provisions of this Act, and any other applicable law; “(B) immediately publish in the Federal Register a notice Publication in Federal Roister. stating that the plan or amendment is available and that written data, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 75-day period beginning on the receipt date; and “(C) by the 30th day after the receipt date— “(i) make such changes in the proposed regulations submitted for the plan or amendment under section 303(c) as Ante, p. 2486. may be necessary for the implementation of the plan, and “(ii) publish such proposed regulations, including any Publication in Federal Register. changes made thereto under clause (i), in the Federal Register together with an explanation of those changes which are substantive. “(2) In undertaking the review required under paragraph (1)(A), the Secretary shall— “(A) take into account the data, views, and comments received from interested persons; “(B) consult with the Secretary of State with respect to foreign fishing; and “(C) consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea. “(b)Plan implementation.Post, p. 2490. (1) A plan or amendment shall take effect and be implemented in accordance with section 305(c) if— “(A) the Secretary does not notify the Council in writing of his disapproval, or partial disapproval, under paragraph (2), of the plan or amendment before the close of the 95th day after the receipt date; or “(B) at any time subsequent to the 75th day after the receipt date and before such 95th day, the Secretary notifies the Council in writing that he does not intend to disapprove, or partially disapprove, the plan or amendment. “(2)Notification of disapproval. If after review under subsection (a) the Secretary determines that the plan or amendment is not consistent with the criteria set forth in paragraph (1)(A) of that subsection, the Secretary shall notify the Council in writing of his disapproval or partial disapproval of the plan or amendment. Such notice shall specify— “(A) the applicable law with which the plan or amendment is inconsistent; “(B) the nature of such inconsistency; and “(C) recommendations concerning the actions that could be taken by the Council to conform such plan or amendment to the requirements of applicable law. “(3)Revised plan. (A) If the Secretary disapproves, or partially disapproves, a proposed plan or amendment under paragraph (2), the Council may submit a revised plan or amendment, accompanied by appropriately revised proposed regulations, to the Secretary. “(B) After the Secretary receives a revised plan or amendment under subparagraph (A) or (C)(ii), the Secretary shall immediately— “(i) commence a review of the plan or amendment to determine whether it complies with the criteria set forth in subsection (a)(1)(A); “(ii)Publications in Federal Register. publish in the Federal Register a notice stating that the revised plan or amendment is available and that written data, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 30-day period beginning on the date (hereinafter in this paragraph referred to as the ‘revised receipt date’) the plan or amendment was submitted to the Secretary under subparagraph (A) or (C)(ii); and “(iii) review the revised proposed regulations, if any, submitted by the Council and make such changes to them as may be necessary for the implementation of the plan, and thereafter publish such revised proposed regulations (as so changed) in the Federal Register together with an explanation of each of such changes that is substantive. “(C) (i) Before the close of the 60th day after the revised receipt date, the Secretary, after taking into account any data, views, or comments received under subparagraph (B)(ii), shall complete the review required under subparagraph (B)(i) and determine whether the plan or amendment complies with the criteria set forth in Notification of disapproval. subsection (a)(1)(A). If the Secretary determines that a plan or amendment is not in compliance with such criteria, he shall immediately notify the Council of his disapproval of the plan or amendment. “(ii) After notifying a Council of disapproval under clause (i), the Secretary shall promptly provide to the Council a written statement of the reasons on which the disapproval was based and advise the Council that it may submit a further revised plan or amendment, together with appropriately revised proposed regulations, for review and determination under this paragraph. “(D) A revised plan or amendment shall take effect and be implemented in accordance with section 305(c) if the Secretary does not Post, p. 2490. notify the Council, in writing, by the close of the 60th day after the revised receipt date of his disapproval of the plan or amendment.”.
1983
Pub. L. 97–453 § 7(a)(2)(A) · 96 Stat. 2481
1. Substituted · 16 U.S.C. § 1854(c)(1)
  Pub. L. 97–453, § 7(a)(2)(A), in subpar. (B) substituted “or disapproves a revised plan or amendment, and the Council involved fails to submit a revised or further revised plan or amendment, as the case may be” for “and the Council involved fails to change such plan or amendment in accordance with the notification made under subsection (a)(2) of this section”
2. Added · 16 U.S.C. § 1854(c)(1)
  Pub. L. 97–453, § 7(a)(2)(A), in subpar. (B) added to the provisions following subpar. (B) a requirement that the Secretary also prepare such proposed regulations as he deems necessary or appropriate to carry out each plan or amendment prepared by him under this paragraph
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 97–453, § 7(a)(2)(A), in subpar. (B) substituted “or disapproves a revised plan or amendment, and the Council involved fails to submit a revised or further revised plan or amendment, as the case may be” for “and the Council involved fails to change such plan or amendment in accordance with the notification made under subsection (a)(2) of this section”, and added to the provisions following subpar. (B) a requirement that the Secretary also prepare such proposed regulations as he deems necessary or appropriate to carry out each plan or amendment prepared by him under this paragraph.
Enacted provision · exact public law section
(A) by amending paragraph (1)— (i) by amending subparagraph (B) to read as follows: “(B) the Secretary disapproves or partially disapproves any such plan or amendment, or disapproves a revised plan or amendment, and the Council involved fails to submit a revised or further revised plan or amendment, as the case may be.”, and (ii) by adding immediately after the last sentence thereof the following flush sentence: “The Secretary shall also prepare such proposed regulations as he deems necessary or appropriate to carry out each plan or amendment prepared by him under this paragraph.”; and
1983
Pub. L. 97–453 § 7(a)(2)(B) · 96 Stat. 2481
Amended · 16 U.S.C. § 1854(c)(2)
Pub. L. 97–453, § 7(a)(2)(B), amended par. (2) generally, which had provided that whenever, pursuant to paragraph (1), the Secretary prepared a fishery management plan or amendment, the Secretary was to promptly transmit such plan or amendment to the appropriate Council for consideration and comment, that within 45 days after the date of receipt of such plan or amendment, the appropriate Council could recommend, to the Secretary, changes in such plan or amendment, consistent with the national standards, the other provisions of this chapter, and any other applicable law, and that after the expiration of such 45-day period, the Secretary could implement such plan or amendment pursuant to section 1855 of this title
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 97–453, § 7(a)(2)(B), amended par. (2) generally, which had provided that whenever, pursuant to paragraph (1), the Secretary prepared a fishery management plan or amendment, the Secretary was to promptly transmit such plan or amendment to the appropriate Council for consideration and comment, that within 45 days after the date of receipt of such plan or amendment, the appropriate Council could recommend, to the Secretary, changes in such plan or amendment, consistent with the national standards, the other provisions of this chapter, and any other applicable law, and that after the expiration of such 45-day period, the Secretary could implement such plan or amendment pursuant to section 1855 of this title.
Enacted provision · exact public law section
(B) by amending paragraph (2) to read as follows: “(2) (A) Whenever, under paragraph (1), the Secretary prepares a fishery management plan or amendment, the Secretary shall immediately— “(i) submit such plan or amendment, and proposed regulations to implement such plan or amendment, to the appropriate Council for consideration and comment; “(ii) publish in the Federal Register a notice stating that the plan or amendment is available and that written data, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 75-day period beginning on the date the plan or amendment was submitted under clause (i); and “(iii) by the 30th day after the date of submission under clause (i), submit for publication in the Federal Register the proposed regulations to implement the plan or amendment. “(B) The appropriate council must submit its comments and recommendations, Comments and recommendations. if any, regarding the plan or amendment to the Secretary before the close of the 75-day period referred to in subparagraph (A)(ii). After the close of such 75-day period, the Secretary, after taking into account any such comments and recommendations, as well as any views, data, or comments submitted under subparagraph (A)(ii), may implement such plan or amendment under section 805(c).”.
1983
Pub. L. 97–453 § 7(a)(3) · 96 Stat. 2481
Inserted · 16 U.S.C. § 1854(d)
Pub. L. 97–453, § 7(a)(3), inserted provisions relating to agreements with the States for the administration of the permit system and the permissible accrual to the States of fees collected under the system
Source evidence
Code amendment note
Subsec. (d). Pub. L. 97–453, § 7(a)(3), inserted provisions relating to agreements with the States for the administration of the permit system and the permissible accrual to the States of fees collected under the system.
Enacted provision · exact public law section
(3) Subsection (d) is amended by striking out the last sentence and inserting in lieu thereof the following: “The Secretary may enter into a cooperative agreement with the States concerned under which the States administer the permit system and the agreement may provide that all or part of the fees collected under the system shall accrue to the States. The level of fees charged under this subsection shall not exceed the administrative costs incurred in issuing the permits.”.
1986
Pub. L. 99–659 § 106(1)(A) · 100 Stat. 3706
Struck · 16 U.S.C. § 1854(a)(1)
Pub. L. 99–659, § 106(1)(A), struck out “(the date of receipt of which is hereafter in this section referred to as the ‘receipt date’)” after “by a Council” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 99–659, § 106(1)(A), struck out “(the date of receipt of which is hereafter in this section referred to as the ‘receipt date’)” after “by a Council” in introductory provisions.
Enacted provision · exact public law section
(A) by striking out “(the date of receipt of which is hereafter in this section referred to as the ‘receipt date’)” in paragraph (1);
1986
Pub. L. 99–659 § 106(1)(B) · 100 Stat. 3706
1. Added · 16 U.S.C. § 1854(a)(1)(A); 16 U.S.C. § 1854(a)(1)(B)
  Pub. L. 99–659, § 106(1)(B), (C), added subpar. (A)
2. Redesignated · 16 U.S.C. § 1854(a)(1)(A); 16 U.S.C. § 1854(a)(1)(B)
  Pub. L. 99–659, § 106(1)(B), (C), redesignated former subpars. (A) and (B) as (B) and (C), respectively
Source evidence
Code amendment note
Subsec. (a)(1)(A), (B). Pub. L. 99–659, § 106(1)(B), (C), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.
Enacted provision · exact public law section
(B) by redesignating subparagraphs (A), (B), and (O of paragraph (1) as subparagraphs (B), (C), and (D), respectively;
1986
Pub. L. 99–659 § 106(1)(B) · 100 Stat. 3706
1. Redesignated · 16 U.S.C. § 1854(a)(1)(C)
  Pub. L. 99–659, § 106(1)(B), (D), redesignated former subpar. (B) as (C)
2. Redesignated · 16 U.S.C. § 1854(a)(1)(C)
  Pub. L. 99–659, § 106(1)(B), (D), substituted “60-day” for “75-day”. Former subpar. (C) redesignated (D)
Source evidence
Code amendment note
Subsec. (a)(1)(C). Pub. L. 99–659, § 106(1)(B), (D), redesignated former subpar. (B) as (C) and substituted “60-day” for “75-day”. Former subpar. (C) redesignated (D).
Enacted provision · exact public law section
(B) by redesignating subparagraphs (A), (B), and (O of paragraph (1) as subparagraphs (B), (C), and (D), respectively;
1986
Pub. L. 99–659 § 106(1)(B) · 100 Stat. 3706
1. Redesignated · 16 U.S.C. § 1854(a)(1)(D)
  Pub. L. 99–659, § 106(1)(B), (E), redesignated former subpar. (C) as (D)
2. Substituted · 16 U.S.C. § 1854(a)(1)(D)
  Pub. L. 99–659, § 106(1)(B), (E), substituted “15th day” for “30th day”
Source evidence
Code amendment note
Subsec. (a)(1)(D). Pub. L. 99–659, § 106(1)(B), (E), redesignated former subpar. (C) as (D) and substituted “15th day” for “30th day”.
Enacted provision · exact public law section
(B) by redesignating subparagraphs (A), (B), and (O of paragraph (1) as subparagraphs (B), (C), and (D), respectively;
1986
Pub. L. 99–659 § 106(1)(F) · 100 Stat. 3706
1. Substituted · 16 U.S.C. § 1854(a)(2)
  Pub. L. 99–659, § 106(1)(F), substituted “paragraph (1)(B)” for “paragraph (1)(A)” in introductory provisions
2. Inserted · 16 U.S.C. § 1854(a)(2)
  Pub. L. 99–659, § 106(1)(F), inserted “and to fishery access adjustments referred to in section 1853(a)(6) of this title” in subpar. (C)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 99–659, § 106(1)(F), substituted “paragraph (1)(B)” for “paragraph (1)(A)” in introductory provisions and inserted “and to fishery access adjustments referred to in section 1853(a)(6) of this title” in subpar. (C).
Enacted provision · exact public law section
(F) by amending paragraph (2)— (i) by striking out “(1)(A)” and inserting “(1)(B)”; and (ii) by striking out the period at the end of subparagraph (C) and inserting “and to fishery access adjustments referred to in section 303(a)(6).”; and
1986
Pub. L. 99–659 § 106(1)(G) · 100 Stat. 3706
Added · 16 U.S.C. § 1854(a)(3)
Pub. L. 99–659, § 106(1)(G), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 99–659, § 106(1)(G), added par. (3).
Enacted provision · exact public law section
(G) by adding at the end thereof the following new paragraph: “(3) (A) The Secretary shall take action under this section on any fishery management plan or amendment to a plan which the Council characterizes as being a final plan or amendment. “(B) For purposes of this section, the term ‘receipt date’ means the 5th day after the day on which a Council transmits to the Secretary a fishery management plan, or an amendment to a plan, that it characterizes as a final plan or amendment.”
1986
Pub. L. 99–659 § 106(2)(A) · 100 Stat. 3706
Amended · 16 U.S.C. § 1854(b)(1)(A)
Pub. L. 99–659, § 106(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the Secretary does not notify the Council in writing of his disapproval, or partial disapproval, under paragraph (2), of the plan or amendment before the close of the 95th day after the receipt date; or”
Source evidence
Code amendment note
Subsec. (b)(1)(A). Pub. L. 99–659, § 106(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the Secretary does not notify the Council in writing of his disapproval, or partial disapproval, under paragraph (2), of the plan or amendment before the close of the 95th day after the receipt date; or”.
Enacted provision · exact public law section
(A) by amending paragraph (1)(A) to read as follows: “(A) the Secretary does not notify the Council in writing of— (i) his disapproval under subsection (a)(1)(A)(ii), or “(ii) his disapproval, or partial disapproval, under paragraph (2), of the plan or amendment before the close of the 95th day after the receipt date; or”;
1986
Pub. L. 99–659 § 106(2)(B) · 100 Stat. 3706
Substituted · 16 U.S.C. § 1854(b)(1)(B)
Pub. L. 99–659, § 106(2)(B), substituted “60th day” for “75th day”
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 99–659, § 106(2)(B), substituted “60th day” for “75th day”.
Enacted provision · exact public law section
(B) by striking out “75th day” in paragraph (1)(B) and inserting “60th day”;
1986
Pub. L. 99–659 § 106(2)(C) · 100 Stat. 3706
Substituted · 16 U.S.C. § 1854(b)(2)
Pub. L. 99–659, § 106(2)(C), substituted “paragraph (1)(B)” for “paragraph (1)(A)” in introductory provisions
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 99–659, § 106(2)(C), substituted “paragraph (1)(B)” for “paragraph (1)(A)” in introductory provisions.
Enacted provision · exact public law section
(C) by amending paragraph (2) by striking out “paragraph (1)(A)” and inserting “paragraph (1)(B)”; and
1986
Pub. L. 99–659 § 106(2)(D)(i) · 100 Stat. 3706
Inserted · 16 U.S.C. § 1854(b)(3)(A)
Pub. L. 99–659, § 106(2)(D)(i), inserted “disapproves a proposed plan or amendment under subsection (a)(1)(A)(ii) of this section, or”
Source evidence
Code amendment note
Subsec. (b)(3)(A). Pub. L. 99–659, § 106(2)(D)(i), inserted “disapproves a proposed plan or amendment under subsection (a)(1)(A)(ii) of this section, or”.
Enacted provision · exact public law section
(i) by striking out “If the Secretary” in subparagraph (A) and inserting “If the Secretary disapproves a proposed plan or amendment under subsection (a)(1)(A)(ii), or”, and
1986
Pub. L. 99–659 § 106(2)(D)(ii) · 100 Stat. 3706
Substituted · 16 U.S.C. § 1854(b)(3)(B)(i); 16 U.S.C. § 1854(b)(3)(C)(i)
Pub. L. 99–659, § 106(2)(D)(ii), substituted “subsection (a)(1)(B)” for “subsection (a)(1)(A)”
Source evidence
Code amendment note
Subsec. (b)(3)(B)(i), (C)(i). Pub. L. 99–659, § 106(2)(D)(ii), substituted “subsection (a)(1)(B)” for “subsection (a)(1)(A)”.
Enacted provision · exact public law section
(ii) by striking out “(a)(1)(A)” in each of subparagraphs (B)(i) and (C)(i) and inserting “(a)(1)(B)”.
1986
Pub. L. 99–659 § 106(3)(A) · 100 Stat. 3706
Substituted · 16 U.S.C. § 1854(c)(2)(A)(ii)
Pub. L. 99–659, § 106(3)(A), substituted “60-day” for “75-day”
Source evidence
Code amendment note
Subsec. (c)(2)(A)(ii). Pub. L. 99–659, § 106(3)(A), substituted “60-day” for “75-day”.
Enacted provision · exact public law section
(A) by striking out “75-day” in paragraph (2)(A)(ii) and inserting “60-day”;
1986
Pub. L. 99–659 § 106(3)(B) · 100 Stat. 3706
Substituted · 16 U.S.C. § 1854(c)(2)(A)(iii)
Pub. L. 99–659, § 106(3)(B), substituted “15th day” for “30th day”
Source evidence
Code amendment note
Subsec. (c)(2)(A)(iii). Pub. L. 99–659, § 106(3)(B), substituted “15th day” for “30th day”.
Enacted provision · exact public law section
(B) by striking out “30th day” in paragraph (2)(A)(iii) and inserting “15th day”; and
1986
Pub. L. 99–659 § 106(3)(C) · 100 Stat. 3706
Substituted · 16 U.S.C. § 1854(c)(2)(B)
Pub. L. 99–659, § 106(3)(C), substituted “60-day” for “75-day” in two places
Source evidence
Code amendment note
Subsec. (c)(2)(B). Pub. L. 99–659, § 106(3)(C), substituted “60-day” for “75-day” in two places.
Enacted provision · exact public law section
(C) by striking out “75-day” wherever it appears in paragraph (2)(B) and inserting “60-day”.
1986
Pub. L. 99–659 § 106(4) · 100 Stat. 3706
Inserted · 16 U.S.C. § 1854(e)
Pub. L. 99–659, § 106(4), inserted “, in cooperation with the Councils,”, “and on the economics of the fisheries”, and “The Secretary shall annually review and update the comprehensive program and make the results of the review and update available to the Councils.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–659, § 106(4), inserted “, in cooperation with the Councils,”, “and on the economics of the fisheries”, and “The Secretary shall annually review and update the comprehensive program and make the results of the review and update available to the Councils.”
Enacted provision · exact public law section
(4) Subsection (e) is amended— (A) by inserting “, in cooperation with the Councils,” immediately after “maintain”; (B) by striking out “management,” and inserting “management and on the economics of the fisheries,”; and (C) by adding at the end thereof the following: “The Secretary shall annually review and update the comprehensive program and make the results of the review and update available to the Councils.”.
1990
Pub. L. 101–627 § 111(a)(2)(A) · 104 Stat. 4436
Substituted · 16 U.S.C. § 1854(b)(1); 16 U.S.C. § 1854(3)(D)
Pub. L. 101–627, § 111(a)(2)(A), (B), substituted “section 1855(a)” for “section 1855(c)”
Source evidence
Code amendment note
Subsec. (b)(1), (3)(D). Pub. L. 101–627, § 111(a)(2)(A), (B), substituted “section 1855(a)” for “section 1855(c)”.
Enacted provision · exact public law section
(A) in subsection (b)(1) by striking “305(c)” in the first sentence and inserting in lieu thereof “305(a)”;
1990
Pub. L. 101–627 § 120(d) · 104 Stat. 4436
Substituted · 16 U.S.C. § 1854(c)(2)(B)
Pub. L. 101–627, § 120(d), substituted “appropriate Council” for “appropriate council”
Source evidence
Code amendment note
Subsec. (c)(2)(B). Pub. L. 101–627, § 120(d), substituted “appropriate Council” for “appropriate council”.
Enacted provision · exact public law section
(d) Action by Secretary.— Section 304(c)(2)(B) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854(c)(2)(B)) is amended by striking “appropriate council” and inserting in lieu thereof “appropriate Council”.
1990
Pub. L. 101–627 § 111(a)(2)(C) · 104 Stat. 4436
Substituted · 16 U.S.C. § 1854(c)(2)(B)
Pub. L. 101–627, § 111(a)(2)(C), substituted “section 1855(a)” for “section 1855(c)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–627, § 111(a)(2)(C), substituted “section 1855(a)” for “section 1855(c)”.
Enacted provision · exact public law section
(C) in subsection (c)(2)(B) by striking “305(c)” and inserting in lieu thereof “305(a)”.
1990
Pub. L. 101–627 § 110(a) · 104 Stat. 4436
Amended · 16 U.S.C. § 1854(e)
Pub. L. 101–627, § 110(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this chapter. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management and on the economics of the fisheries, including, but not limited to, biological research concerning the interdependence of fisheries or stocks of fish, the impact of pollution on fish, the impact of wetland and estuarine degradation, and other matters bearing upon the abundance and availability of fish. The Secretary shall annually review and update the comprehensive program and make the results of the review and update available to the Councils.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–627, § 110(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this chapter. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management and on the economics of the fisheries, including, but not limited to, biological research concerning the interdependence of fisheries or stocks of fish, the impact of pollution on fish, the impact of wetland and estuarine degradation, and other matters bearing upon the abundance and availability of fish. The Secretary shall annually review and update the comprehensive program and make the results of the review and update available to the Councils.”
Enacted provision · exact public law section
(a) Fisheries Research.— Subsection (e) of section 304 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854) is amended to read as follows: “(e) Fisheries Research.— (1) Within one year after the date of Federal Register, publication. enactment of the Fishery Conservation Amendments of 1990, and at least every three years thereafter, the Secretary shall develop and publish in the Federal Register a strategic plan for fisheries re-search for the five years immediately following such publication. The plan shall— “(A) identify and describe a comprehensive program with a limited number of priority objectives for research in each of the areas specified in paragraph (2); “(B) indicate the goals and timetables for the program described in subparagraph (A); and “(C) provide a role for affected commercial fishermen in such research, including involvement in field testing. “(2) The areas of research referred to in paragraph (1) are as follows: “(A) Research to support fishery conservation and management, including research on the economics of fisheries and biological research concerning the interdependence of fisheries or stocks of fish, the impact of pollution on fish populations, the impact of wetland and estuarine degradation, and other matters bearing upon the abundance and availability of fish. “(B) Conservation engineering research, including the study of fish behavior and the development and testing of new gear technology and fishing techniques to minimize the harvest of nontarget species and promote efficient harvest of target species. “(C) Information management research, including the development of a fishery information base and an information management system that will permit the full use of data in the support of effective fishery conservation and management. “(3) In developing the plan required under paragraph (1), the Federal Register, publication. Secretary shall consult with relevant Federal agencies, scientific and technical experts, and other interested persons, public and private, and shall publish a proposed plan in the Federal Register for the purpose of receiving public comment on the plan. The Secretary shall ensure that affected commercial fishermen are actively involved in the development of the portion of the plan pertaining to conservation engineering research. Upon final publication in the Federal Register, the plan shall be submitted by the Secretary to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives.”.
1990
Pub. L. 101–627 § 110(b)(1) · 104 Stat. 4436
1. Substituted · 16 U.S.C. § 1854(f)
  Pub. L. 101–627, § 110(b)(1), in heading substituted “Fisheries under authority of more than one Council” for “Miscellaneous duties”
2. Substituted · 16 U.S.C. § 1854(f)
  Pub. L. 101–627, § 110(b)(1), in heading substituted “Except as provided in paragraph (3), if” for “If”
3. Added · 16 U.S.C. § 1854(f)
  Pub. L. 101–627, § 110(b)(1), in heading added par. (3)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 101–627, § 110(b)(1), in heading substituted “Fisheries under authority of more than one Council” for “Miscellaneous duties”, in par. (1) substituted “Except as provided in paragraph (3), if” for “If”, and added par. (3).
Enacted provision · exact public law section
(1) Section 304(f) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854(f)) is amended— (A) by striking “miscellaneous duties” and inserting in lieu thereof “fisheries under authority of more than one council”; (B) in paragraph (1) by striking “If” and inserting in lieu thereof “Except as provided in paragraph (3), if”; and (C) by adding at the end the following new paragraph: “(3) (A) The Secretary shall have authority over any highly migratory species fishery that is within the geographical area of authority of more than one of the following Councils: New England Council, Mid-Atlantic Council, South Atlantic Council, Gulf Council, and Caribbean Council. “(B) In accordance with the provisions of this Act and any other applicable law, the Secretary shall— “(i) identify research and information priorities, including observer requirements and necessary data collection and analysis for the conservation and management of highly migratory species; “(ii) prepare and amend fishery management plans with respect to highly migratory species fisheries to which this paragraph applies; and “(iii) diligently pursue, through international entities (such as the International Commission for the Conservation of Atlantic Tunas), international fishery management measures with respect to fishing for highly migratory species. “(C) In preparing or amending any fishery management plan under this paragraph, the Secretary shall— “(i) conduct public hearings, at appropriate times and in appropriate locations in the geographical areas concerned, so as to allow interested persons an opportunity to be heard in the preparation and amendment of the plan; “(ii) consult with and consider the comments and views of commissioners and advisory groups appointed under Acts implementing relevant international fishery agreements pertaining to highly migratory species; “(iii) consult with and consider the comments and views of affected Councils; “(iv) evaluate the likely effects, if any, of conservation and management measures on participants in the fisheries affected by the plan and minimize, to the extent practicable, any dis-advantage to United States fishermen in relation to foreign competitors; and “(v) review, on a continuing basis (and promptly whenever a recommendation pertaining to fishing for highly migratory species has been made under a relevant international fishery agreement), and revise as appropriate, the conservation and management measures included in the plan. “(D) Conservation and management measures contained in any fishery management plan under this paragraph shall— “(i) take into consideration traditional fishing patterns of fishing vessels of the United States and the operating requirements of the fisheries; “(ii) be fair and equitable in allocating fishing privileges among United States fishermen and not have economic allocation as the sole purpose; and “(iii) promote international conservation. “(E) With respect to a highly migratory species for which the United States is authorized to harvest an allocation or quota under a relevant international fishery agreement, the Secretary shall provide fishing vessels of the United States with a reasonable opportunity to harvest such allocation or quota. “(F) In implementing the provisions of this paragraph, the Secretary shall consult with— “(i) the Secretary of State; “(ii) commissioners and advisory groups appointed under Acts implementing relevant international fishery agreements pertaining to highly migratory species; and “(iii) appropriate Councils.”.
1990
Pub. L. 101–627 § 110(c) · 104 Stat. 4436
Added · 16 U.S.C. § 1854(g)
Pub. L. 101–627, § 110(c), added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 101–627, § 110(c), added subsec. (g).
Enacted provision · exact public law section
(c) Incidental Harvest Research.— Section 304 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854) is amended by adding at the end the following new subsection. “(g) Incidental Harvest Research.— (1) Within 9 months after Regulations. the date of enactment of the Fishery Conservation Amendments of 1990, the Secretary shall, after consultation with the Gulf of Mexico Fishery Management Council and South Atlantic Fishery Management Council, establish by regulation a 3-year program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery within the authority of such Councils. “(2) The program established pursuant to paragraph (1) shall provide for the identification of stocks of fish which are subject to significant incidental harvest in the course of normal shrimp trawl fishing activity. “(3) For stocks of fish identified pursuant to paragraph (2), with priority given to stocks which (based upon the best available scientific information) are considered to be overfished, the Secretary shall conduct— “(A) a program to collect and evaluate data on the nature and extent (including the spatial and temporal distribution) of incidental mortality of such stocks as a direct result of shrimp trawl fishing activities; “(B) an assessment of the status and condition of such stocks, including collection of information which would allow the estimation of life history parameters with sufficient accuracy and precision to support sound scientific evaluation of the effects of various management alternatives on the status of such stocks; and “(C) a program of data collection and evaluation for such stocks on the magnitude and distribution of fishing mortality and fishing effort by sources of fishing mortality other than shrimp trawl fishing activity. “(4) The Secretary shall, in cooperation with affected interests, commence a program to design, and evaluate the efficacy of, techno-logical devices and other changes in fishing technology for the reduction of incidental mortality of nontarget fishery resources in the course of shrimp trawl fishing activity. Such program shall take into account local conditions and include evaluation of any reduction in incidental mortality, as well as any reduction or increase in the retention of shrimp in the course of normal fishing activity. “(5) The Secretary shall, upon completion of the programs required by this subsection, submit a detailed report on the results of such programs to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives. “(6) (A) Except as provided in this paragraph, the Secretary may not implement any measures under this Act to reduce incidental mortality of nontarget fishery resources in the course of shrimp trawl fishing which would restrict the period during which shrimp are harvested or would require the use of any technological device or other change in fishing technology. “(B) The prohibition contained in subparagraph (A) shall cease on January 1, 1994. “(C) This paragraph does not apply to any law or regulation in effect on the date of enactment of this paragraph, nor does it limit in any way the Secretary’s authority to take action, including any limitation on entry permitted by this Act, for the conservation and management of the shrimp fishery resource.”.
1992
National Oceanic and Atmospheric Administration Authorization Act of 1992
Pub. L. 102–567 title III § 303 · 106 Stat. 4270
Redesignated · 16 U.S.C. § 1854(e)(1)
Pub. L. 102–567 added par. (1). Former par. (1) redesignated (2)
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 102–567 added par. (1). Former par. (1) redesignated (2).
Enacted provision · exact public law section
SEC. 303. FISHERIES RESEARCH. Section 304(e) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854(e)) is amended by redesignating paragraphs (1), (2), and (3), and any reference thereto, as paragraphs (2), (3), and (4), respectively, and by inserting immediately after “Fisheries Research.—” the following: “(1) The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this Act. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management and on the economics of the fisheries.”.
1992
National Oceanic and Atmospheric Administration Authorization Act of 1992
Pub. L. 102–567 title III § 303 · 106 Stat. 4270
1. Redesignated · 16 U.S.C. § 1854(e)(2)
  Pub. L. 102–567 redesignated par. (1) as (2)
2. Redesignated · 16 U.S.C. § 1854(e)(2)
  Pub. L. 102–567 substituted “(3)” for “(2)” in subpar. (A). Former par. (2) redesignated (3)
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 102–567 redesignated par. (1) as (2) and substituted “(3)” for “(2)” in subpar. (A). Former par. (2) redesignated (3).
Enacted provision · exact public law section
SEC. 303. FISHERIES RESEARCH. Section 304(e) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854(e)) is amended by redesignating paragraphs (1), (2), and (3), and any reference thereto, as paragraphs (2), (3), and (4), respectively, and by inserting immediately after “Fisheries Research.—” the following: “(1) The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this Act. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management and on the economics of the fisheries.”.
1992
National Oceanic and Atmospheric Administration Authorization Act of 1992
Pub. L. 102–567 title III § 303 · 106 Stat. 4270
1. Redesignated · 16 U.S.C. § 1854(e)(3)
  Pub. L. 102–567 redesignated par. (2) as (3)
2. Redesignated · 16 U.S.C. § 1854(e)(3)
  Pub. L. 102–567 substituted “(2)” for “(1)” in introductory provisions. Former par. (3) redesignated (4)
Source evidence
Code amendment note
Subsec. (e)(3). Pub. L. 102–567 redesignated par. (2) as (3) and substituted “(2)” for “(1)” in introductory provisions. Former par. (3) redesignated (4).
Enacted provision · exact public law section
SEC. 303. FISHERIES RESEARCH. Section 304(e) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854(e)) is amended by redesignating paragraphs (1), (2), and (3), and any reference thereto, as paragraphs (2), (3), and (4), respectively, and by inserting immediately after “Fisheries Research.—” the following: “(1) The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this Act. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management and on the economics of the fisheries.”.
1992
National Oceanic and Atmospheric Administration Authorization Act of 1992
Pub. L. 102–567 title III § 303 · 106 Stat. 4270
1. Redesignated · 16 U.S.C. § 1854(e)(4)
  Pub. L. 102–567 redesignated par. (3) as (4)
2. Substituted · 16 U.S.C. § 1854(e)(4)
  Pub. L. 102–567 substituted “(2)” for “(1)”
Source evidence
Code amendment note
Subsec. (e)(4). Pub. L. 102–567 redesignated par. (3) as (4) and substituted “(2)” for “(1)”.
Enacted provision · exact public law section
SEC. 303. FISHERIES RESEARCH. Section 304(e) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854(e)) is amended by redesignating paragraphs (1), (2), and (3), and any reference thereto, as paragraphs (2), (3), and (4), respectively, and by inserting immediately after “Fisheries Research.—” the following: “(1) The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this Act. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management and on the economics of the fisheries.”.
1993
Coast Guard Authorization Act of 1993
Pub. L. 103–206 title VII § 702 · 107 Stat. 2419
Substituted · 16 U.S.C. § 1854(g)(6)(B)
Pub. L. 103–206 substituted “April 1, 1994” for “January 1, 1994”
Source evidence
Code amendment note
Subsec. (g)(6)(B). Pub. L. 103–206 substituted “April 1, 1994” for “January 1, 1994”.
Enacted provision · exact public law section
SEC. 702. SHRIMP TRAWL FISHERY. Section 304(g)(6)(B) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854(g)(6)(B)) is amended by striking “January 1, 1994” and inserting “April 1, 1994”.
1996
Sustainable Fisheries Act
Pub. L. 104–297 § 109(a) · 110 Stat. 3559
1. Added · 16 U.S.C. § 1854(a); 16 U.S.C. § 1854(b)
  Pub. L. 104–297, § 109(a), added subsecs. (a) and (b)
2. Struck · 16 U.S.C. § 1854(a); 16 U.S.C. § 1854(b)
  Pub. L. 104–297, § 109(a), struck out former subsecs. (a) which related to actions by Secretary after receipt of a fishery management plan or amendment to a plan and (b) which related to implementation of approved plans and amendments and submission and review of revised plans and amendments
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 104–297, § 109(a), added subsecs. (a) and (b) and struck out former subsecs. (a) which related to actions by Secretary after receipt of a fishery management plan or amendment to a plan and (b) which related to implementation of approved plans and amendments and submission and review of revised plans and amendments.
Enacted provision · exact public law section
(a) Secretarial Review of Plans and Regulations.— Section 304 (16 U.S.C. 1854) is amended by striking subsections (a) and (b) and inserting the following: “(a) Review of Plans.— “(1) Upon transmittal by the Council to the Secretary of a fishery management plan or plan amendment, the Secretary shall— “(A) immediately commence a review of the plan or amendment to determine whether it is consistent with the national standards, the other provisions of this Act, and any other applicable law; and “(B) immediately publish in the Federal Register a Federal Register, publication. notice stating that the plan or amendment is available and that written information, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 60-day period beginning on the date the notice is published. “(2) In undertaking the review required under paragraph (1), the Secretary shall— “(A) take into account the information, views, and comments received from interested persons; “(B) consult with the Secretary of State with respect to foreign fishing; and “(C) consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea and to fishery access adjustments referred to in section 303(a)(6). “(3) The Secretary shall approve, disapprove, or partially Notice. approve a plan or amendment within 30 days of the end of the comment period under paragraph (1) by written notice to the Council. A notice of disapproval or partial approval shall specify— “(A) the applicable law with which the plan or amendment is inconsistent; “(B) the nature of such inconsistencies; and “(C) recommendations concerning the actions that could be taken by the Council to conform such plan or amendment to the requirements of applicable law. If the Secretary does not notify a Council within 30 days of the end of the comment period of the approved, disapproval, or partial approval of a plan or amendment, then such plan or amendment shall take effect as if approved. “(4) If the Secretary disapproves or partially approves a plan or amendment, the Council may submit a revised plan or amendment to the Secretary for review under this subsection. “(5) For purposes of this subsection and subsection (b), the term ‘immediately’ means on or before the 5th day after the day on which a Council transmits to the Secretary a fishery management plan, plan amendment, or proposed regulation that the Council characterizes as final. “(b) Review of Regulations.— “(1) Upon transmittal by the Council to the Secretary of proposed regulations prepared under section 303(c), the Secretary shall immediately initiate an evaluation of the proposed regulations to determine whether they are consistent with the fishery management plan, plan amendment, this Act and other applicable law. Within 15 days of initiating such evaluation the Secretary shall make a determination and— “(A) if that determination is affirmative, the Secretary shall publish such regulations in the Federal Register, with such technical changes as may be necessary for clarity and an explanation of those changes, for a public comment period of 15 to 60 days; or “(B) if that determination is negative, the Secretary shall notify the Council in writing of the inconsistencies and provide recommendations on revisions that would make the proposed regulations consistent with the fishery management plan, plan amendment, this Act, and other applicable law. “(2) Upon receiving a notification under paragraph (1)(B), the Council may revise the proposed regulations and submit them to the Secretary for reevaluation under paragraph (1). “(3) The Secretary shall promulgate final regulations within 30 days after the end of the comment period under paragraph Federal Register, publication. (1)(A). The Secretary shall consult with the Council before making any revisions to the proposed regulations, and must publish in the Federal Register an explanation of any differences between the proposed and final regulations.”.
1996
Sustainable Fisheries Act
Pub. L. 104–297 § 109(b)(1) · 110 Stat. 3559
Amended · 16 U.S.C. § 1854(c)
Pub. L. 104–297, § 109(b)(1), amended heading to read “Preparation and review of Secretarial plans”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–297, § 109(b)(1), amended heading to read “Preparation and review of Secretarial plans”.
Enacted provision · exact public law section
(1) by striking the subsection heading and inserting “Preparation and Review of Secretarial Plans”;
1996
Sustainable Fisheries Act
Pub. L. 104–297 § 109(b)(2) · 110 Stat. 3559
1. Struck · 16 U.S.C. § 1854(c)(1)
  Pub. L. 104–297, § 109(b)(2)–(4), struck out “or” at end of subpar. (A)
2. Substituted · 16 U.S.C. § 1854(c)(1)
  Pub. L. 104–297, § 109(b)(2)–(4), substituted “or amendment; or” for “or amendment, as the case may be.” in subpar. (B)
3. Added · 16 U.S.C. § 1854(c)(1)
  Pub. L. 104–297, § 109(b)(2)–(4), added subpar. (C)
4. Struck · 16 U.S.C. § 1854(c)(1)
  Pub. L. 104–297, § 109(b)(2)–(4), struck out concluding provisions which read as follows: “In preparing any such plan or amendment, the Secretary shall consult with the Secretary of State with respect to foreign fishing and with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea. The Secretary shall also prepare such proposed regulations as he deems necessary or appropriate to carry out each plan or amendment prepared by him under this paragraph.”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 104–297, § 109(b)(2)–(4), struck out “or” at end of subpar. (A), substituted “or amendment; or” for “or amendment, as the case may be.” in subpar. (B), added subpar. (C), and struck out concluding provisions which read as follows: “In preparing any such plan or amendment, the Secretary shall consult with the Secretary of State with respect to foreign fishing and with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea. The Secretary shall also prepare such proposed regulations as he deems necessary or appropriate to carry out each plan or amendment prepared by him under this paragraph.”
Enacted provision · exact public law section
(2) by striking “or” at the end of paragraph (1)(A);
1996
Sustainable Fisheries Act
Pub. L. 104–297 § 109(b)(5) · 110 Stat. 3559
1. Added · 16 U.S.C. § 1854(c)(2)
  Pub. L. 104–297, § 109(b)(5), added par. (2)
2. Struck · 16 U.S.C. § 1854(c)(2)
  Pub. L. 104–297, § 109(b)(5), struck out former par. (2) which related to procedures for making fishery management plans and amendments available for review and comment
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 104–297, § 109(b)(5), added par. (2) and struck out former par. (2) which related to procedures for making fishery management plans and amendments available for review and comment.
Enacted provision · exact public law section
(5) by striking paragraph (2) and inserting: “(2) In preparing any plan or amendment under this subsection, the Secretary shall— “(A) conduct public hearings, at appropriate times and locations in the geographical areas concerned, so as to allow interested persons an opportunity to be heard in the preparation and amendment of the plan and any regulations implementing the plan; and “(B) consult with the Secretary of State with respect to foreign fishing and with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea.”;
1996
Sustainable Fisheries Act
Pub. L. 104–297 § 109(b)(6) · 110 Stat. 3559
1. Inserted · 16 U.S.C. § 1854(c)(3)
  Pub. L. 104–297, § 109(b)(6), (7), inserted “for a fishery under the authority of a Council” after “paragraph (1)”
2. Substituted · 16 U.S.C. § 1854(c)(3)
  Pub. L. 104–297, § 109(b)(6), (7), substituted “system, including any individual fishing quota program” for “system described in section 1853(b)(6) of this title”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 104–297, § 109(b)(6), (7), inserted “for a fishery under the authority of a Council” after “paragraph (1)” and substituted “system, including any individual fishing quota program” for “system described in section 1853(b)(6) of this title”.
Enacted provision · exact public law section
(6) by inserting “for a fishery under the authority of a Council” after “paragraph (1)” in paragraph (3);
1996
Sustainable Fisheries Act
Pub. L. 104–297 § 109(b)(8) · 110 Stat. 3559
Added · 16 U.S.C. § 1854(c)(4)(7)
Pub. L. 104–297, § 109(b)(8), added pars. (4) to (7)
Source evidence
Code amendment note
Subsec. (c)(4) to (7). Pub. L. 104–297, § 109(b)(8), added pars. (4) to (7).
Enacted provision · exact public law section
(8) by inserting after paragraph (3) the following new paragraphs: “(4) Whenever the Secretary prepares a fishery management plan or plan amendment under this section, the Secretary shall immediately— “(A) for a plan or amendment for a fishery under the authority of a Council, submit such plan or amendment to the appropriate Council for consideration and comment; and “(B) publish in the Federal Register a notice stating Federal Register, publication. that the plan or amendment is available and that written information, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 60-day period beginning on the date the notice is published. “(5) Whenever a plan or amendment is submitted under paragraph (4)(A), the appropriate Council must submit its comments and recommendations, if any, regarding the plan or amendment to the Secretary before the close of the 60-day period referred to in paragraph (4)(B). After the close of such 60-day period, the Secretary, after taking into account any such comments and recommendations, as well as any views, information, or comments submitted under paragraph (4)(B), may adopt such plan or amendment. “(6) The Secretary may propose regulations in the Federal Register to implement any plan or amendment prepared by the Secretary. In the case of a plan or amendment to which paragraph (4)(A) applies, such regulations shall be submitted to the Council with such plan or amendment. The comment period on proposed regulations shall be 60 days, except that the Secretary may shorten the comment period on minor revisions to existing regulations. “(7) The Secretary shall promulgate final regulations within Regulations. 30 days after the end of the comment period under paragraph (6). The Secretary must publish in the Federal Register an Federal Register, publication. explanation of any substantive differences between the proposed and final rules. All final regulations must be consistent with the fishery management plan, with the national standards and other provisions of this Act, and with any other applicable law.”.
1996
Sustainable Fisheries Act
Pub. L. 104–297 § 109(c) · 110 Stat. 3559
1. Amended · 16 U.S.C. § 1854(d)
  Pub. L. 104–297, § 109(c), designated existing provisions as par. (1)
2. Added · 16 U.S.C. § 1854(d)
  Pub. L. 104–297, § 109(c), added par. (2)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–297, § 109(c), designated existing provisions as par. (1) and added par. (2).
Enacted provision · exact public law section
(c) Individual Fishing Quota and Community Development Quota Fees.— Section 304(d) (16 U.S.C. 1854(d)) is amended— (1) by inserting “(1)” immediately before the first sentence; and (2) by inserting at the end the following: “(2) (A) Notwithstanding paragraph (1), the Secretary is authorized and shall collect a fee to recover the actual costs directly related to the management and enforcement of any— “(i) individual fishing quota program; and “(ii) community development quota program that allocates a percentage of the total allowable catch of a fishery to such program. “(B) Such fee shall not exceed 3 percent of the ex-vessel value of fish harvested under any such program, and shall be collected at either the time of the landing, filing of a landing report, or sale of such fish during a fishing season or in the last quarter of the calendar year in which the fish is harvested. “(C) (i) Fees collected under this paragraph shall be in addition to any other fees charged under this Act and shall be deposited in the Limited Access System Administration Fund established under section 305(h)(5)(B), except that the portion of any such fees reserved under section 303(d)(4)(A) shall be deposited in the Treasury and available, subject to annual appropriations, to cover the costs of new direct loan obligations and new loan guarantee commitments as required by section 504(b)(1) of the Federal Credit Reform Act (2 U.S.C. 661c(b)(1)). “(ii) Upon application by a State, the Secretary shall transfer to such State up to 33 percent of any fee collected pursuant to subparagraph (A) under a community development quota program and deposited in the Limited Access System Administration Fund in order to reimburse such State for actual costs directly incurred in the management and enforcement of such program.”.
1996
Sustainable Fisheries Act
Pub. L. 104–297 § 109(e) · 110 Stat. 3559
Amended · 16 U.S.C. § 1854(e)
Pub. L. 104–297, § 109(e), amended heading and text of subsec. (e) generally. Prior to amendment, subsec. (e) required Secretary to initiate and maintain a comprehensive program of fishery research
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–297, § 109(e), amended heading and text of subsec. (e) generally. Prior to amendment, subsec. (e) required Secretary to initiate and maintain a comprehensive program of fishery research.
Enacted provision · exact public law section
(e) Overfishing.— Section 304(e) (16 U.S.C. 1854(e)) is amended to read as follows: “(e) Rebuilding Overfished Fisheries.— “(1) The Secretary shall report annually to the Congress and the Councils on the status of fisheries within each Council’s geographical area of authority and identify those fisheries that are overfished or are approaching a condition of being overfished. For those fisheries managed under a fishery management plan or international agreement, the status shall be determined using the criteria for overfishing specified in such plan or agreement. A fishery shall be classified as approaching a condition of being overfished if, based on trends in fishing effort, fishery resource size, and other appropriate factors, the Secretary estimates that the fishery will become overfished within two years. “(2) If the Secretary determines at any time that a fishery is overfished, the Secretary shall immediately notify the appropriate Council and request that action be taken to end overfishing in the fishery and to implement conservation and management Federal Register, publication. measures to rebuild affected stocks of fish. The Secretary shall publish each notice under this paragraph in the Federal Register. “(3) Within one year of an identification under paragraph (1) or notification under paragraphs (2) or (7), the appropriate Council (or the Secretary, for fisheries under section 302(a)(3)) shall prepare a fishery management plan, plan amendment, or proposed regulations for the fishery to which the identification or notice applies— “(A) to end overfishing in the fishery and to rebuild affected stocks of fish; or “(B) to prevent overfishing from occurring in the fishery whenever such fishery is identified as approaching an overfished condition. “(4) For a fishery that is overfished, any fishery management plan, amendment, or proposed regulations prepared pursuant to paragraph (3) or paragraph (5) for such fishery shall— “(A) specify a time period for ending overfishing and rebuilding the fishery that shall— “(i) be as short as possible, taking into account the status and biology of any overfished stocks of fish, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock of fish within the marine ecosystem; and “(ii) not exceed 10 years, except in cases where the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise; “(B) allocate both overfishing restrictions and recovery benefits fairly and equitably among sectors of the fishery; and “(C) for fisheries managed under an international agreement, reflect traditional participation in the fishery, relative to other nations, by fishermen of the United States. “(5) If, within the one-year period beginning on the date of identification or notification that a fishery is overfished, the Council does not submit to the Secretary a fishery management plan, plan amendment, or proposed regulations required by paragraph (3)(A), the Secretary shall prepare a fishery management plan or plan amendment and any accompanying regulations to stop overfishing and rebuild affected stocks of fish within 9 months under subsection (c). “(6) During the development of a fishery management plan, a plan amendment, or proposed regulations required by this subsection, the Council may request the Secretary to implement interim measures to reduce overfishing under section 305(c) until such measures can be replaced by such plan, amendment, or regulations. Such measures, if otherwise in compliance with the provisions of this Act, may be implemented even though they are not sufficient by themselves to stop overfishing of a fishery. “(7) The Secretary shall review any fishery management plan, plan amendment, or regulations required by this subsection at routine intervals that may not exceed two years. If the Secretary finds as a result of the review that such plan, amendment, or regulations have not resulted in adequate progress toward ending overfishing and rebuilding affected fish stocks, the Secretary shall— “(A) in the case of a fishery to which section 302(a)(3) applies, immediately make revisions necessary to achieve adequate progress; or “(B) for all other fisheries, immediately notify the Notification. appropriate Council. Such notification shall recommend further conservation and management measures which the Council should consider under paragraph (3) to achieve adequate progress.”.
1996
Sustainable Fisheries Act
Pub. L. 104–297 § 109(f) · 110 Stat. 3559
Struck · 16 U.S.C. § 1854(f)(3)
Pub. L. 104–297, § 109(f), struck out par. (3) which related to authority of Secretary over any highly migratory species fishery that is within the area of authority of more than one of certain Councils and to the preparation and amendment of fishery management plans with respect to such fishery
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 104–297, § 109(f), struck out par. (3) which related to authority of Secretary over any highly migratory species fishery that is within the area of authority of more than one of certain Councils and to the preparation and amendment of fishery management plans with respect to such fishery.
Enacted provision · exact public law section
(f) Fisheries under Authority of More Than One Council.— Section 304(f) is amended by striking paragraph (3).
1996
Sustainable Fisheries Act
Pub. L. 104–297 § 109(g) · 110 Stat. 3559
1. Added · 16 U.S.C. § 1854(g)
  Pub. L. 104–297, § 109(g), added subsec. (g)
2. Struck · 16 U.S.C. § 1854(g)
  Pub. L. 104–297, § 109(g), struck out former subsec. (g) which required the Secretary to establish a 3-year program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery within the authority of the Gulf of Mexico Fishery Management Council and the South Atlantic Fishery Management Council
Source evidence
Code amendment note
Subsec. (g). Pub. L. 104–297, § 109(g), added subsec. (g) and struck out former subsec. (g) which required the Secretary to establish a 3-year program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery within the authority of the Gulf of Mexico Fishery Management Council and the South Atlantic Fishery Management Council.
Enacted provision · exact public law section
(g) Atlantic Highly Migratory Species.— Section 304 (16 U.S.C. 1854) is amended further by striking subsection (g) and inserting the following: “(g) Atlantic Highly Migratory Species.— (1) Preparation and implementation of plan or plan amendment.— The Secretary shall prepare a fishery management plan or plan amendment under subsection (c) with respect to any highly migratory species fishery to which section 302(a)(3) applies. In preparing and implementing any such plan or amendment, the Secretary shall— “(A) consult with and consider the comments and views of affected Councils, commissioners and advisory groups appointed under Acts implementing relevant international fishery agreements pertaining to highly migratory species, and the advisory panel established under section 302(g); “(B) establish an advisory panel under section 302(g) for each fishery management plan to be prepared under this paragraph; “(C) evaluate the likely effects, if any, of conservation and management measures on participants in the affected fisheries and minimize, to the extent practicable, any disadvantage to United States fishermen in relation to foreign competitors; “(D) with respect to a highly migratory species for which the United States is authorized to harvest an allocation, quota, or at a fishing mortality level under a relevant international fishery agreement, provide fishing vessels of the United States with a reasonable opportunity to harvest such allocation, quota, or at such fishing mortality level; “(E) review, on a continuing basis (and promptly whenever a recommendation pertaining to fishing for highly migratory species has been made under a relevant international fishery agreement), and revise as appropriate, the conservation and management measures included in the plan; “(F) diligently pursue, through international entities (such as the International Commission for the Conservation of Atlantic Tunas), comparable international fishery management measures with respect to fishing for highly migratory species; and “(G) ensure that conservation and management measures under this subsection— “(i) promote international conservation of the affected fishery; “(ii) take into consideration traditional fishing patterns of fishing vessels of the United States and the operating requirements of the fisheries; “(iii) are fair and equitable in allocating fishing privileges among United States fishermen and do not have economic allocation as the sole purpose; and “(iv) promote, to the extent practicable, implementation of scientific research programs that include the tagging and release of Atlantic highly migratory species. “(2) Certain fish excluded from ‘bycatch’ definition.— Notwithstanding section 3(2), fish harvested in a commercial fishery managed by the Secretary under this subsection or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d) that are not regulatory discards and that are tagged and released alive under a scientific tagging and release program established by the Secretary shall not be considered bycatch for purposes of this Act.”.
1996
Sustainable Fisheries Act
Pub. L. 104–297 § 109(i) · 110 Stat. 3559
Added · 16 U.S.C. § 1854(h)
Pub. L. 104–297, § 109(i), added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 104–297, § 109(i), added subsec. (h).
Enacted provision · exact public law section
(i) Repeal or Revocation of a Fishery Management Plan.— Section 304, as amended, is further amended by adding at the end the following: “(h) Repeal or Revocation of a Fishery Management Plan.— The Secretary may repeal or revoke a fishery management plan for a fishery under the authority of a Council only if the Council approves the repeal or revocation by a three-quarters majority of the voting members of the Council.”.
2007
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 3(d)(2)(A) · 120 Stat. 3575
Substituted · 16 U.S.C. § 1854(c)(3)
Pub. L. 109–479, § 3(d)(2)(A), substituted “limited access privilege” for “individual fishing quota”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 109–479, § 3(d)(2)(A), substituted “limited access privilege” for “individual fishing quota”.
Enacted provision · exact public law section
(A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
Effective date note
Pub. L. 109–479, title I, § 104(d), Jan. 12, 2007, 120 Stat. 3585, provided that: “The amendments made by subsection (c) [amending this section] shall take effect 30 months after the date of enactment of this Act [Jan. 12, 2007].”
2007
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 106(b) · 120 Stat. 3575
Substituted · 16 U.S.C. § 1854(d)(2)(A)
Pub. L. 109–479, § 106(b), substituted “management, data collection, and enforcement” for “management and enforcement” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(2)(A). Pub. L. 109–479, § 106(b), substituted “management, data collection, and enforcement” for “management and enforcement” in introductory provisions.
Enacted provision · exact public law section
(b) Fees.— Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is amended by striking “management and enforcement” and inserting “management, data collection, and enforcement”.
Effective date note
Pub. L. 109–479, title I, § 104(d), Jan. 12, 2007, 120 Stat. 3585, provided that: “The amendments made by subsection (c) [amending this section] shall take effect 30 months after the date of enactment of this Act [Jan. 12, 2007].”
2007
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 3(d)(2)(B) · 120 Stat. 3575
Substituted · 16 U.S.C. § 1854(d)(2)(A)(i)
Pub. L. 109–479, § 3(d)(2)(B), substituted “limited access privilege” for “individual fishing quota”
Source evidence
Code amendment note
Subsec. (d)(2)(A)(i). Pub. L. 109–479, § 3(d)(2)(B), substituted “limited access privilege” for “individual fishing quota”.
Enacted provision · exact public law section
(B) Section 304(d)(2)(A)(i) (16 U.S.C. 1854(d)(2)(A)(i)).
Effective date note
Pub. L. 109–479, title I, § 104(d), Jan. 12, 2007, 120 Stat. 3585, provided that: “The amendments made by subsection (c) [amending this section] shall take effect 30 months after the date of enactment of this Act [Jan. 12, 2007].”
2007
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 106(d) · 120 Stat. 3575
Substituted · 16 U.S.C. § 1854(d)(2)(C)(i)
Pub. L. 109–479, § 106(d), substituted “section 1855(h)(5)(B) of this title.” for “section 1855(h)(5)(B) of this title, except that the portion of any such fees reserved under section 1853(d)(4)(A) of this title shall be deposited in the Treasury and available, subject to annual appropriations, to cover the costs of new direct loan obligations and new loan guarantee commitments as required by section 661c(b)(1) of title 2.”
Source evidence
Code amendment note
Subsec. (d)(2)(C)(i). Pub. L. 109–479, § 106(d), substituted “section 1855(h)(5)(B) of this title.” for “section 1855(h)(5)(B) of this title, except that the portion of any such fees reserved under section 1853(d)(4)(A) of this title shall be deposited in the Treasury and available, subject to annual appropriations, to cover the costs of new direct loan obligations and new loan guarantee commitments as required by section 661c(b)(1) of title 2.”
Enacted provision · exact public law section
(d) Conforming Amendment.— Section 304(d)(2)(C)(i) (16 U.S.C. 1854(d)(2)(C)(i)) is amended by striking “section 305(h)(5)(B)” and all that follows and inserting “section 305(h)(5)(B).”.
Effective date note
Pub. L. 109–479, title I, § 104(d), Jan. 12, 2007, 120 Stat. 3585, provided that: “The amendments made by subsection (c) [amending this section] shall take effect 30 months after the date of enactment of this Act [Jan. 12, 2007].”
2007
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 104(c)(1) · 120 Stat. 3575
1. Substituted · 16 U.S.C. § 1854(e)(3)
  Pub. L. 109–479, § 104(c)(1), (2), substituted “2 years after” for “one year of”
2. Inserted · 16 U.S.C. § 1854(e)(3)
  Pub. L. 109–479, § 104(c)(1), (2), inserted “and implement” after “prepare” in introductory provisions
Source evidence
Code amendment note
Subsec. (e)(3). Pub. L. 109–479, § 104(c)(1), (2), substituted “2 years after” for “one year of” and inserted “and implement” after “prepare” in introductory provisions.
Enacted provision · exact public law section
(1) by striking “one year of” in paragraph (3) and inserting “2 years after”;
Effective date note
Pub. L. 109–479, title I, § 104(d), Jan. 12, 2007, 120 Stat. 3585, provided that: “The amendments made by subsection (c) [amending this section] shall take effect 30 months after the date of enactment of this Act [Jan. 12, 2007].”
2007
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 104(c)(3) · 120 Stat. 3575
Inserted · 16 U.S.C. § 1854(e)(3)(A)
Pub. L. 109–479, § 104(c)(3), inserted “immediately” after “overfishing”
Source evidence
Code amendment note
Subsec. (e)(3)(A). Pub. L. 109–479, § 104(c)(3), inserted “immediately” after “overfishing”.
Enacted provision · exact public law section
(3) by inserting “immediately” after “overfishing” in paragraph (3)(A);
Effective date note
Pub. L. 109–479, title I, § 104(d), Jan. 12, 2007, 120 Stat. 3585, provided that: “The amendments made by subsection (c) [amending this section] shall take effect 30 months after the date of enactment of this Act [Jan. 12, 2007].”
2007
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 104(c)(4) · 120 Stat. 3575
Struck · 16 U.S.C. § 1854(e)(4)(A)
Pub. L. 109–479, § 104(c)(4), struck out “ending overfishing and” before “rebuilding” in introductory provisions
Source evidence
Code amendment note
Subsec. (e)(4)(A). Pub. L. 109–479, § 104(c)(4), struck out “ending overfishing and” before “rebuilding” in introductory provisions.
Enacted provision · exact public law section
(4) by striking “ending overfishing and” in paragraph (4)(A); and
Effective date note
Pub. L. 109–479, title I, § 104(d), Jan. 12, 2007, 120 Stat. 3585, provided that: “The amendments made by subsection (c) [amending this section] shall take effect 30 months after the date of enactment of this Act [Jan. 12, 2007].”
2007
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 104(c)(5) · 120 Stat. 3575
Substituted · 16 U.S.C. § 1854(e)(5)
Pub. L. 109–479, § 104(c)(5), substituted “2-year” for “one-year”
Source evidence
Code amendment note
Subsec. (e)(5). Pub. L. 109–479, § 104(c)(5), substituted “2-year” for “one-year”.
Enacted provision · exact public law section
(5) by striking “one-year” in paragraph (5) and inserting “2-year”.
Effective date note
Pub. L. 109–479, title I, § 104(d), Jan. 12, 2007, 120 Stat. 3585, provided that: “The amendments made by subsection (c) [amending this section] shall take effect 30 months after the date of enactment of this Act [Jan. 12, 2007].”
2007
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 406(b) · 120 Stat. 3575
Substituted · 16 U.S.C. § 1854(g)(2)
Pub. L. 109–479, § 406(b), substituted “(16 U.S.C. 971d), or highly migratory species harvested in a commercial fishery managed by a Council under this Act or the Western and Central Pacific Fisheries Convention Implementation Act,” for “(16 U.S.C. 971d)”
Source evidence
Code amendment note
Subsec. (g)(2). Pub. L. 109–479, § 406(b), substituted “(16 U.S.C. 971d), or highly migratory species harvested in a commercial fishery managed by a Council under this Act or the Western and Central Pacific Fisheries Convention Implementation Act,” for “(16 U.S.C. 971d)”.
Enacted provision · exact public law section
(b) Highly Migratory Species Tagging Research.— Section 304(g)(2) (16 U.S.C. 1854(g)(2)) is amended by striking “(16 U.S.C. 971d)” and inserting “(16 U.S.C. 971d), or highly migratory species harvested in a commercial fishery managed by a Council under this Act or the Western and Central Pacific Fisheries Convention Implementation Act,”.
Effective date note
Pub. L. 109–479, title I, § 104(d), Jan. 12, 2007, 120 Stat. 3585, provided that: “The amendments made by subsection (c) [amending this section] shall take effect 30 months after the date of enactment of this Act [Jan. 12, 2007].”
2007
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 406(a) · 120 Stat. 3575
Added · 16 U.S.C. § 1854(i)
Pub. L. 109–479, § 406(a), added subsec. (i) relating to international overfishing
Source evidence
Code amendment note
Subsec. (i). Pub. L. 109–479, § 406(a), added subsec. (i) relating to international overfishing.
Enacted provision · exact public law section
(a) International Overfishing.— Section 304 (16 U.S.C. 1854) is amended by adding at the end thereof the following: “(i) International Overfishing.— The provisions of this subsection shall apply in lieu of subsection (e) to a fishery that the Secretary determines is overfished or approaching a condition of being overfished due to excessive international fishing pressure, and for which there are no management measures to end overfishing under an international agreement to which the United States is a party. For such fisheries— “(1) the Secretary, in cooperation with the Secretary of State, immediately take appropriate action at the international level to end the overfishing; and “(2) Deadline. Recommen- dations. within 1 year after the Secretary’s determination, the appropriate Council, or Secretary, for fisheries under section 302(a)(3) shall— “(A) develop recommendations for domestic regulations to address the relative impact of fishing vessels of the United States on the stock and, if developed by a Council, the Council shall submit such recommendations to the Secretary; and “(B) develop and submit recommendations to the Secretary of State, and to the Congress, for international actions that will end overfishing in the fishery and rebuild the affected stocks, taking into account the relative impact of vessels of other nations and vessels of the United States on the relevant stock.” .
Effective date note
Pub. L. 109–479, title I, § 104(d), Jan. 12, 2007, 120 Stat. 3585, provided that: “The amendments made by subsection (c) [amending this section] shall take effect 30 months after the date of enactment of this Act [Jan. 12, 2007].”
2007
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
Pub. L. 109–479 § 107 · 120 Stat. 3575
Added · 16 U.S.C. § 1854(i)
Pub. L. 109–479, § 107, added subsec. (i) relating to environmental review process
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–479, § 107, added subsec. (i) relating to environmental review process.
Enacted provision · exact public law section
SEC. 107. ENVIRONMENTAL REVIEW PROCESS. Section 304 (16 U.S.C. 1854) is amended by adding at the end the following: “(i) Environmental Review Process.— “(1) Procedures.— The Secretary shall, in consultation with the Councils and the Council on Environmental Quality, revise and update agency procedures for compliance with the National Environmental Policy Act (42 U.S.C. 4231 et seq.). The procedures shall— “(A) conform to the time lines for review and approval of fishery management plans and plan amendments under this section; and “(B) integrate applicable environmental analytical procedures, including the time frames for public input, with the procedure for the preparation and dissemination of fishery management plans, plan amendments, and other actions taken or approved pursuant to this Act in order to provide for timely, clear and concise analysis that is useful to decision makers and the public, reduce extraneous paperwork, and effectively involve the public. “(2) Usage.— The updated agency procedures promulgated in accordance with this section used by the Councils or the Secretary shall be the sole environmental impact assessment procedure for fishery management plans, amendments, regulations, or other actions taken or approved pursuant to this Act. “(3) Schedule for promulgation of final procedures.— The Secretary shall— “(A) Deadline. propose revised procedures within 6 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006; “(B) Public comments. provide 90 days for public review and comments; and “(C) Deadline. promulgate final procedures no later than 12 months after the date of enactment of that Act. “(4) Public participation.— The Secretary is authorized and directed, in cooperation with the Council on Environmental Quality and the Councils, to involve the affected public in the development of revised procedures, including workshops or other appropriate means of public involvement.” .
Effective date note
Pub. L. 109–479, title I, § 104(d), Jan. 12, 2007, 120 Stat. 3585, provided that: “The amendments made by subsection (c) [amending this section] shall take effect 30 months after the date of enactment of this Act [Jan. 12, 2007].”

73 of 73 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Paragraph (3), referred to in subsec. (f)(1), was repealed by Pub. L. 104–297, title I, § 109(f), Oct. 11, 1996, 110 Stat. 3585.

The Atlantic Tunas Convention Act of 1975, referred to in subsec. (g)(2), is Pub. L. 94–70, Aug. 5, 1975, 89 Stat. 385, which is classified generally to chapter 16A (§ 971 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 971 of this title and Tables.

The Western and Central Pacific Fisheries Convention Implementation Act, referred to in subsec. (g)(2), is title V of Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3635, which is classified generally to chapter 88 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.

The National Environmental Policy Act, referred to in subsec. (i)(1), probably means the National Environmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments1983–2007 · 7 rounds

2007

Subsec. (c)(3). Pub. L. 109–479, § 3(d)(2)(A), substituted “limited access privilege” for “individual fishing quota”.

Subsec. (d)(2)(A). Pub. L. 109–479, § 106(b), substituted “management, data collection, and enforcement” for “management and enforcement” in introductory provisions.

Subsec. (d)(2)(A)(i). Pub. L. 109–479, § 3(d)(2)(B), substituted “limited access privilege” for “individual fishing quota”.

Subsec. (d)(2)(C)(i). Pub. L. 109–479, § 106(d), substituted “section 1855(h)(5)(B) of this title.” for “section 1855(h)(5)(B) of this title, except that the portion of any such fees reserved under section 1853(d)(4)(A) of this title shall be deposited in the Treasury and available, subject to annual appropriations, to cover the costs of new direct loan obligations and new loan guarantee commitments as required by section 661c(b)(1) of title 2.”

Subsec. (e)(3). Pub. L. 109–479, § 104(c)(1), (2), substituted “2 years after” for “one year of” and inserted “and implement” after “prepare” in introductory provisions.

Subsec. (e)(3)(A). Pub. L. 109–479, § 104(c)(3), inserted “immediately” after “overfishing”.

Subsec. (e)(4)(A). Pub. L. 109–479, § 104(c)(4), struck out “ending overfishing and” before “rebuilding” in introductory provisions.

Subsec. (e)(5). Pub. L. 109–479, § 104(c)(5), substituted “2-year” for “one-year”.

Subsec. (g)(2). Pub. L. 109–479, § 406(b), substituted “(16 U.S.C. 971d), or highly migratory species harvested in a commercial fishery managed by a Council under this Act or the Western and Central Pacific Fisheries Convention Implementation Act,” for “(16 U.S.C. 971d)”.

Subsec. (i). Pub. L. 109–479, § 406(a), added subsec. (i) relating to international overfishing.

Pub. L. 109–479, § 107, added subsec. (i) relating to environmental review process.

1996

Subsecs. (a), (b). Pub. L. 104–297, § 109(a), added subsecs. (a) and (b) and struck out former subsecs. (a) which related to actions by Secretary after receipt of a fishery management plan or amendment to a plan and (b) which related to implementation of approved plans and amendments and submission and review of revised plans and amendments.

Subsec. (c). Pub. L. 104–297, § 109(b)(1), amended heading to read “Preparation and review of Secretarial plans”.

Subsec. (c)(1). Pub. L. 104–297, § 109(b)(2)–(4), struck out “or” at end of subpar. (A), substituted “or amendment; or” for “or amendment, as the case may be.” in subpar. (B), added subpar. (C), and struck out concluding provisions which read as follows: “In preparing any such plan or amendment, the Secretary shall consult with the Secretary of State with respect to foreign fishing and with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea. The Secretary shall also prepare such proposed regulations as he deems necessary or appropriate to carry out each plan or amendment prepared by him under this paragraph.”

Subsec. (c)(2). Pub. L. 104–297, § 109(b)(5), added par. (2) and struck out former par. (2) which related to procedures for making fishery management plans and amendments available for review and comment.

Subsec. (c)(3). Pub. L. 104–297, § 109(b)(6), (7), inserted “for a fishery under the authority of a Council” after “paragraph (1)” and substituted “system, including any individual fishing quota program” for “system described in section 1853(b)(6) of this title”.

Subsec. (c)(4) to (7). Pub. L. 104–297, § 109(b)(8), added pars. (4) to (7).

Subsec. (d). Pub. L. 104–297, § 109(c), designated existing provisions as par. (1) and added par. (2).

Subsec. (e). Pub. L. 104–297, § 109(e), amended heading and text of subsec. (e) generally. Prior to amendment, subsec. (e) required Secretary to initiate and maintain a comprehensive program of fishery research.

Subsec. (f)(3). Pub. L. 104–297, § 109(f), struck out par. (3) which related to authority of Secretary over any highly migratory species fishery that is within the area of authority of more than one of certain Councils and to the preparation and amendment of fishery management plans with respect to such fishery.

Subsec. (g). Pub. L. 104–297, § 109(g), added subsec. (g) and struck out former subsec. (g) which required the Secretary to establish a 3-year program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery within the authority of the Gulf of Mexico Fishery Management Council and the South Atlantic Fishery Management Council.

Subsec. (h). Pub. L. 104–297, § 109(i), added subsec. (h).

1993

Subsec. (g)(6)(B). Pub. L. 103–206 substituted “April 1, 1994” for “January 1, 1994”.

1992

Subsec. (e)(1). Pub. L. 102–567 added par. (1). Former par. (1) redesignated (2).

Subsec. (e)(2). Pub. L. 102–567 redesignated par. (1) as (2) and substituted “(3)” for “(2)” in subpar. (A). Former par. (2) redesignated (3).

Subsec. (e)(3). Pub. L. 102–567 redesignated par. (2) as (3) and substituted “(2)” for “(1)” in introductory provisions. Former par. (3) redesignated (4).

Subsec. (e)(4). Pub. L. 102–567 redesignated par. (3) as (4) and substituted “(2)” for “(1)”.

1990

Subsec. (b)(1), (3)(D). Pub. L. 101–627, § 111(a)(2)(A), (B), substituted “section 1855(a)” for “section 1855(c)”.

Subsec. (c)(2)(B). Pub. L. 101–627, § 120(d), substituted “appropriate Council” for “appropriate council”.

Pub. L. 101–627, § 111(a)(2)(C), substituted “section 1855(a)” for “section 1855(c)”.

Subsec. (e). Pub. L. 101–627, § 110(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this chapter. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management and on the economics of the fisheries, including, but not limited to, biological research concerning the interdependence of fisheries or stocks of fish, the impact of pollution on fish, the impact of wetland and estuarine degradation, and other matters bearing upon the abundance and availability of fish. The Secretary shall annually review and update the comprehensive program and make the results of the review and update available to the Councils.”

Subsec. (f). Pub. L. 101–627, § 110(b)(1), in heading substituted “Fisheries under authority of more than one Council” for “Miscellaneous duties”, in par. (1) substituted “Except as provided in paragraph (3), if” for “If”, and added par. (3).

Subsec. (g). Pub. L. 101–627, § 110(c), added subsec. (g).

1986

Subsec. (a)(1). Pub. L. 99–659, § 106(1)(A), struck out “(the date of receipt of which is hereafter in this section referred to as the ‘receipt date’)” after “by a Council” in introductory provisions.

Subsec. (a)(1)(A), (B). Pub. L. 99–659, § 106(1)(B), (C), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.

Subsec. (a)(1)(C). Pub. L. 99–659, § 106(1)(B), (D), redesignated former subpar. (B) as (C) and substituted “60-day” for “75-day”. Former subpar. (C) redesignated (D).

Subsec. (a)(1)(D). Pub. L. 99–659, § 106(1)(B), (E), redesignated former subpar. (C) as (D) and substituted “15th day” for “30th day”.

Subsec. (a)(2). Pub. L. 99–659, § 106(1)(F), substituted “paragraph (1)(B)” for “paragraph (1)(A)” in introductory provisions and inserted “and to fishery access adjustments referred to in section 1853(a)(6) of this title” in subpar. (C).

Subsec. (a)(3). Pub. L. 99–659, § 106(1)(G), added par. (3).

Subsec. (b)(1)(A). Pub. L. 99–659, § 106(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the Secretary does not notify the Council in writing of his disapproval, or partial disapproval, under paragraph (2), of the plan or amendment before the close of the 95th day after the receipt date; or”.

Subsec. (b)(1)(B). Pub. L. 99–659, § 106(2)(B), substituted “60th day” for “75th day”.

Subsec. (b)(2). Pub. L. 99–659, § 106(2)(C), substituted “paragraph (1)(B)” for “paragraph (1)(A)” in introductory provisions.

Subsec. (b)(3)(A). Pub. L. 99–659, § 106(2)(D)(i), inserted “disapproves a proposed plan or amendment under subsection (a)(1)(A)(ii) of this section, or”.

Subsec. (b)(3)(B)(i), (C)(i). Pub. L. 99–659, § 106(2)(D)(ii), substituted “subsection (a)(1)(B)” for “subsection (a)(1)(A)”.

Subsec. (c)(2)(A)(ii). Pub. L. 99–659, § 106(3)(A), substituted “60-day” for “75-day”.

Subsec. (c)(2)(A)(iii). Pub. L. 99–659, § 106(3)(B), substituted “15th day” for “30th day”.

Subsec. (c)(2)(B). Pub. L. 99–659, § 106(3)(C), substituted “60-day” for “75-day” in two places.

Subsec. (e). Pub. L. 99–659, § 106(4), inserted “, in cooperation with the Councils,”, “and on the economics of the fisheries”, and “The Secretary shall annually review and update the comprehensive program and make the results of the review and update available to the Councils.”

1983

Subsec. (a). Pub. L. 97–453, § 7(a)(1), amended subsec. (a) generally, which had provided that within 60 days after the Secretary received any fishery management plan, or any amendment to any such plan, which was prepared by any Council, the Secretary was to review such plan or amendment pursuant to subsection (b) of this section, notify such Council in writing of his approval, disapproval, or partial disapproval of such plan or amendment, and that in the case of disapproval or partial disapproval, the Secretary was to include in such notification a statement and explanation of the Secretary’s objections and the reasons therefor, suggestions for improvement, a request to such Council to change such plan or amendment to satisfy the objections, and a request to resubmit the plan or amendment, as so modified, to the Secretary within 45 days after the date on which the Council received such notification.

Subsec. (b). Pub. L. 97–453, § 7(a)(1), amended subsec. (b) generally, which had provided that the Secretary was to review any fishery management plan, and any amendment to any such plan, prepared by any Council and submitted to him to determine whether it was consistent with the national standards, the other provisions of this chapter, and any other applicable law, and that in carrying out such review, the Secretary was to consult with the Secretary of State with respect to foreign fishing, and the Secretary of the department in which the Coast Guard was operating with respect to enforcement at sea.

Subsec. (c)(1). Pub. L. 97–453, § 7(a)(2)(A), in subpar. (B) substituted “or disapproves a revised plan or amendment, and the Council involved fails to submit a revised or further revised plan or amendment, as the case may be” for “and the Council involved fails to change such plan or amendment in accordance with the notification made under subsection (a)(2) of this section”, and added to the provisions following subpar. (B) a requirement that the Secretary also prepare such proposed regulations as he deems necessary or appropriate to carry out each plan or amendment prepared by him under this paragraph.

Subsec. (c)(2). Pub. L. 97–453, § 7(a)(2)(B), amended par. (2) generally, which had provided that whenever, pursuant to paragraph (1), the Secretary prepared a fishery management plan or amendment, the Secretary was to promptly transmit such plan or amendment to the appropriate Council for consideration and comment, that within 45 days after the date of receipt of such plan or amendment, the appropriate Council could recommend, to the Secretary, changes in such plan or amendment, consistent with the national standards, the other provisions of this chapter, and any other applicable law, and that after the expiration of such 45-day period, the Secretary could implement such plan or amendment pursuant to section 1855 of this title.

Subsec. (d). Pub. L. 97–453, § 7(a)(3), inserted provisions relating to agreements with the States for the administration of the permit system and the permissible accrual to the States of fees collected under the system.

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Pub. L. 109–479, title I, § 104(d), Jan. 12, 2007, 120 Stat. 3585, provided that: “The amendments made by subsection (c) [amending this section] shall take effect 30 months after the date of enactment of this Act [Jan. 12, 2007].”

Effective Date of 1983 Amendment

Pub. L. 97–453, § 7(b), Jan. 12, 1983, 96 Stat. 2489, provided that: “The amendments made by subsection (a) [amending this section] shall only apply with respect to fishery management plans and amendments thereto that are initially submitted to the Secretary of Commerce on or after the date of the enactment of this Act [Jan. 12, 1983] for action under section 304 [this section].”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Abolition of House Committee on Merchant Marine and Fisheries

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of references to Committee on Merchant Marine and Fisheries, see section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.

International Fisheries Agreement

Pub. L. 111–348, title II, Jan. 4, 2011, 124 Stat. 3671, provided that:

“SEC. 201. SHORT TITLE.
“This title may be cited as the ‘International Fisheries Agreement Clarification Act’.
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“SEC. 202. INTERNATIONAL FISHERY AGREEMENT.
“Consistent with the intent of provisions of the Magnuson-Stevens Fishery and Conservation and Management Act [Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.] relating to international agreements, the Secretary of Commerce and the New England Fishery Management Council may, for the purpose of rebuilding those portions of fish stocks covered by the United States-Canada Transboundary Resource Sharing Understanding on the date of enactment of this Act [Jan. 4, 2011]—
“(1)
take into account the Understanding and decisions made under that Understanding in the application of section 304(e)(4)(A)(i) of the Act (16 U.S.C. 1854(e)(4)(A)(i));
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“(2)
consider decisions made under that Understanding as ‘management measures under an international agreement’ that ‘dictate otherwise’ for purposes of section 304(e)(4)(A)(ii) of the Act (16 U.S.C. 1854(e)(4)(A)(ii)[)]; and
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“(3)
establish catch levels for those portions of fish stocks within their respective geographic areas covered by the Understanding on the date of enactment of this Act that exceed the catch levels otherwise required under the Northeast Multispecies Fishery Management Plan if—
“(A)
overfishing is ended immediately;
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“(B)
the fishing mortality level ensures rebuilding within a time period for rebuilding specified taking into account the Understanding pursuant to paragraphs (1) and (2) of this subsection; and
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“(C)
such catch levels are consistent with that Understanding.
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#
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“SEC. 203. APPLICATION WITH OTHER LAWS.
“Nothing in this title shall be construed to amend the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 [1801] et seq.) or to limit or otherwise alter the authority of the Secretary of Commerce under that Act concerning other species.
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“SEC. 204. EFFECTIVE DATE.
“(a)
In General.—
Except as provided in subsection (b), section 202 shall apply with respect to fishing years beginning after April 30, 2010.
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“(b)
Special Rule.—
Section 202(3)(B) shall only apply with respect to fishing years beginning after April 30, 2012.”
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Delay of Collection of Fees in Quahog and Wreckfish Fisheries

Pub. L. 104–297, title I, § 109(d), Oct. 11, 1996, 110 Stat. 3584, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that: “Notwithstanding any other provision of law, the Secretary shall not begin the collection of fees under section 304(d)(2) of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1854(d)(2)], as amended by this Act, in the surf clam and ocean (including mahogany) quahog fishery or in the wreckfish fishery until after January 1, 2000.”

Comprehensive Management System for Atlantic Pelagic Longline Fishery

Pub. L. 104–297, title I, § 109(h), Oct. 11, 1996, 110 Stat. 3586, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that:

“(1)
The Secretary of Commerce shall—
“(A)
establish an advisory panel under section 302(g)(4) of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1852(g)(4)], as amended by this Act, for pelagic longline fishing vessels that participate in fisheries for Atlantic highly migratory species;
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“(B)
conduct surveys and workshops with affected fishery participants to provide information and identify options for future management programs;
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“(C)
to the extent practicable and necessary for the evaluation of options for a comprehensive management system, recover vessel production records; and
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“(D)
complete by January 1, 1998, a comprehensive study on the feasibility of implementing a comprehensive management system for pelagic longline fishing vessels that participate in fisheries for Atlantic highly migratory species, including, but not limited to, individual fishing quota programs and other limited access systems.
#
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“(2)
Based on the study under paragraph (1)(D) and consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), in cooperation with affected participants in the fishery, the United States Commissioners on the International Commission for the Conservation of Atlantic Tunas, and the advisory panel established under paragraph (1)(A), the Secretary of Commerce may, after October 1, 1998, implement a comprehensive management system pursuant to section 304 of such Act (16 U.S.C. 1854) for pelagic longline fishing vessels that participate in fisheries for Atlantic highly migratory species. Such a system may not implement an individual fishing quota program until after October 1, 2000.”
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Inapplicability of Subsection (h) to American Lobster Fishery Management Plan

Pub. L. 104–297, title I, § 109(j), Oct. 11, 1996, 110 Stat. 3587, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that: “Section 304(h) of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1854(h)], as amended by this Act, shall not apply to the American Lobster Fishery Management Plan.”

Interim Management of Highly Migratory Species Fisheries

Pub. L. 101–627, title I, § 108(k), Nov. 28, 1990, 104 Stat. 4447, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that:

“Notwithstanding the amendments made by subsections (a) and (g) [amending section 1852 of this title], any fishery management plan or amendment which—
“(1)
addresses a highly migratory species fishery to which section 304(f)(3) of the Magnuson-Stevens Fishery Conservation and Management Act [former 16 U.S.C. 1854(f)(3)] (as amended by this Act) applies,
#
“(2)
was prepared by one or more Regional Fishery Management Councils, and
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“(3)
was in force and effect on January 1, 1990,
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shall remain in force and effect until superseded by a fishery management plan prepared by the Secretary, and regulations implementing that plan.”

Credits

1976–2007 · 8 acts

1976Pub. L. 94–265, title III, § 304, Apr. 13, 1976, 90 Stat. 352
1983Pub. L. 97–453, § 7(a), Jan. 12, 1983, 96 Stat. 2487
1986Pub. L. 99–659, title I, § 106, Nov. 14, 1986, 100 Stat. 3712
1990Pub. L. 101–627, title I, §§ 110(a), (b)(1), (c), 111(a)(2), 120(d), Nov. 28, 1990, 104 Stat. 4449–4452, 4459
1992Pub. L. 102–567, title III, § 303, Oct. 29, 1992, 106 Stat. 4283
1993Pub. L. 103–206, title VII, § 702, Dec. 20, 1993, 107 Stat. 2446
1996Pub. L. 104–297, title I, § 109(a)–(c), (e)–(g), (i), Oct. 11, 1996, 110 Stat. 3581–3585, 3587
2007Pub. L. 109–479, § 3(d)(2), title I, §§ 104(c), 106(b), (d), 107, title IV, § 406, Jan. 12, 2007, 120 Stat. 3578, 3584, 3593, 3594, 3633.

Show as published

(Pub. L. 94–265, title III, § 304, Apr. 13, 1976, 90 Stat. 352; Pub. L. 97–453, § 7(a), Jan. 12, 1983, 96 Stat. 2487; Pub. L. 99–659, title I, § 106, Nov. 14, 1986, 100 Stat. 3712; Pub. L. 101–627, title I, §§ 110(a), (b)(1), (c), 111(a)(2), 120(d), Nov. 28, 1990, 104 Stat. 4449–4452, 4459; Pub. L. 102–567, title III, § 303, Oct. 29, 1992, 106 Stat. 4283; Pub. L. 103–206, title VII, § 702, Dec. 20, 1993, 107 Stat. 2446; Pub. L. 104–297, title I, § 109(a)–(c), (e)–(g), (i), Oct. 11, 1996, 110 Stat. 3581–3585, 3587; Pub. L. 109–479, § 3(d)(2), title I, §§ 104(c), 106(b), (d), 107, title IV, § 406, Jan. 12, 2007, 120 Stat. 3578, 3584, 3593, 3594, 3633.)

Statutory text

Review of plans

Review of regulations

Preparation and review of Secretarial plans

Establishment of fees

Rebuilding overfished fisheries

Fisheries under authority of more than one Council

Atlantic highly migratory species

Preparation and implementation of plan or plan amendment

Certain fish excluded from “bycatch” definition

Repeal or revocation of a fishery management plan

2 Environmental review process

Procedures

Usage

Schedule for promulgation of final procedures

Public participation

2 International overfishing

Footnotes

Legislative history

Editorial Notes

2007

1996

1993

1992

1990

1986

1983

Statutory Notes and Related Subsidiaries

“SEC. 201. SHORT TITLE.

“SEC. 202. INTERNATIONAL FISHERY AGREEMENT.

“SEC. 203. APPLICATION WITH OTHER LAWS.

“SEC. 204. EFFECTIVE DATE.

In General.—

Special Rule.—

Credits

 2 Environmental review process

 ² International overfishing