---
kind: "range"
citation: "16 U.S.C. §§ 1801–1882"
title: "16"
from: "1801"
to: "1882"
count: 56
release: "119-102"
url: "https://uscodex.org/usc/16/1801..1882"
---

# §1801. Findings, purposes and policy

- (a) **Findings—** The Congress finds and declares the following:
  - (1) The [fish](/usc/16/1802.md?p=12) off the coasts of the [United States](/usc/16/1802.md?p=45), the [highly migratory species](/usc/16/1802.md?p=21) of the [high seas](/usc/16/1802.md?p=20), the species which dwell on or in the [Continental Shelf](/usc/16/1802.md?p=6) appertaining to the [United States](/usc/16/1802.md?p=45), and the [anadromous species](/usc/16/1802.md?p=1) which spawn in [United States](/usc/16/1802.md?p=45) rivers or estuaries, constitute valuable and renewable natural [resources](/usc/16/410hhh–1.md?p=8). These [fishery resources](/usc/16/1802.md?p=15) contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
  - (2) Certain stocks of [fish](/usc/16/1802.md?p=12) have declined to the point where their survival is threatened, and other stocks of [fish](/usc/16/1802.md?p=12) have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased [fishing](/usc/16/1802.md?p=16) pressure, (B) the inadequacy of [fishery resource](/usc/16/1802.md?p=15) [conservation and management](/usc/16/1802.md?p=5) practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing [fishing](/usc/16/1802.md?p=16) levels.
  - (3) Commercial and [recreational fishing](/usc/16/1802.md?p=37) constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal [areas](/usc/16/539m–1.md?p=1-A) are dependent upon [fishing](/usc/16/1802.md?p=16) and related activities, and their economies have been badly damaged by the [overfishing](/usc/16/1802.md?p=34) of [fishery resources](/usc/16/1802.md?p=15) at an ever-increasing rate over the past decade. The activities of massive [foreign fishing](/usc/16/1802.md?p=19) fleets in waters adjacent to such coastal [areas](/usc/16/539m–1.md?p=1-A) have contributed to such damage, interfered with domestic [fishing](/usc/16/1802.md?p=16) efforts, and caused destruction of the [fishing](/usc/16/1802.md?p=16) gear of [United States](/usc/16/1802.md?p=45) fishermen.
  - (4) [International fishery agreements](/usc/16/1802.md?p=24) have not been effective in preventing or terminating the [overfishing](/usc/16/1802.md?p=34) of these valuable [fishery resources](/usc/16/1802.md?p=15). There is danger that irreversible effects from [overfishing](/usc/16/1802.md?p=34) will take place before an effective international agreement on [fishery](/usc/16/1802.md?p=13) management jurisdiction can be negotiated, signed, ratified, and implemented.
  - (5) [Fishery resources](/usc/16/1802.md?p=15) are finite but renewable. If placed under sound management before [overfishing](/usc/16/1802.md?p=34) has caused irreversible effects, the [fisheries](/usc/16/1802.md?p=13) can be conserved and maintained so as to provide [optimum](/usc/16/1802.md?p=33) yields on a continuing basis.
  - (6) A national [program](/usc/16/460ss–6.md?p=1) for the [conservation and management](/usc/16/1802.md?p=5) of the [fishery resources](/usc/16/1802.md?p=15) of the [United States](/usc/16/1802.md?p=45) is necessary to prevent [overfishing](/usc/16/1802.md?p=34), to rebuild [overfished](/usc/16/1802.md?p=34) stocks, to insure [conservation](/usc/16/6456.md?p=2), to facilitate long-term protection of [essential fish habitats](/usc/16/1802.md?p=10), and to realize the full potential of the Nation’s [fishery resources](/usc/16/1802.md?p=15).
  - (7) A national [program](/usc/16/460ss–6.md?p=1) for the development of [fisheries](/usc/16/1802.md?p=13) which are underutilized or not utilized by the [United States](/usc/16/1802.md?p=45) [fishing](/usc/16/1802.md?p=16) industry, including bottom [fish](/usc/16/1802.md?p=12) off Alaska, is necessary to assure that our citizens benefit from the employment, food supply, and revenue which could be generated thereby.
  - (8) The collection of reliable data is essential to the effective [conservation](/usc/16/6456.md?p=2), management, and scientific understanding of the [fishery resources](/usc/16/1802.md?p=15) of the [United States](/usc/16/1802.md?p=45).
  - (9) One of the greatest long-term threats to the viability of commercial and recreational [fisheries](/usc/16/1802.md?p=13) is the continuing loss of marine, estuarine, and other aquatic habitats. Habitat considerations should receive increased attention for the [conservation and management](/usc/16/1802.md?p=5) of [fishery resources](/usc/16/1802.md?p=15) of the [United States](/usc/16/1802.md?p=45).
  - (10) [Pacific Insular Areas](/usc/16/1802.md?p=35) contain unique historical, cultural, legal, political, and geographical circumstances which make [fisheries](/usc/16/1802.md?p=13) [resources](/usc/16/410hhh–1.md?p=8) important in sustaining their economic growth.
  - (11) A number of the [Fishery](/usc/16/1802.md?p=13) Management [Councils](/usc/16/5102.md?p=5) have demonstrated significant progress in integrating ecosystem considerations in [fisheries](/usc/16/1802.md?p=13) management using the existing authorities provided under this chapter.
  - (12) International cooperation is necessary to address illegal, unreported, and unregulated [fishing](/usc/16/1802.md?p=16) and other [fishing](/usc/16/1802.md?p=16) practices which may harm the sustainability of living marine [resources](/usc/16/410hhh–1.md?p=8) and disadvantage the [United States](/usc/16/1802.md?p=45) [fishing](/usc/16/1802.md?p=16) industry.
  - (13) While both provide significant cultural and economic benefits to the Nation, [recreational fishing](/usc/16/1802.md?p=37) and [commercial fishing](/usc/16/1802.md?p=4) are different activities. Therefore, science-based [conservation and management](/usc/16/1802.md?p=5) approaches should be adapted to the characteristics of each sector.
- (b) **Purposes—** It is therefore declared to be the purposes of the Congress in this chapter—
  - (1) to take immediate action to conserve and manage the [fishery resources](/usc/16/1802.md?p=15) found off the coasts of the [United States](/usc/16/1802.md?p=45), and the [anadromous species](/usc/16/1802.md?p=1) and [Continental Shelf fishery resources](/usc/16/1802.md?p=7) of the [United States](/usc/16/1802.md?p=45), by exercising (A) sovereign rights for the purposes of exploring, exploiting, conserving, and managing all [fish](/usc/16/1802.md?p=12), within the [exclusive economic zone](/usc/16/1802.md?p=11) established by Presidential Proclamation 5030, dated March 10, 1983, and (B) exclusive [fishery](/usc/16/1802.md?p=13) management authority beyond the [exclusive economic zone](/usc/16/1802.md?p=11) over such [anadromous species](/usc/16/1802.md?p=1) and [Continental Shelf fishery resources](/usc/16/1802.md?p=7);
  - (2) to support and encourage the implementation and enforcement of [international fishery agreements](/usc/16/1802.md?p=24) for the [conservation and management](/usc/16/1802.md?p=5) of [highly migratory species](/usc/16/1802.md?p=21), and to encourage the negotiation and implementation of additional such agreements as necessary;
  - (3) to promote domestic commercial and [recreational fishing](/usc/16/1802.md?p=37) under sound [conservation and management](/usc/16/1802.md?p=5) principles, including the promotion of catch and release [programs](/usc/16/460ss–6.md?p=1) in [recreational fishing](/usc/16/1802.md?p=37);
  - (4) to provide for the preparation and implementation, in accordance with [national standards](/usc/16/1802.md?p=30), of [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3) which will achieve and maintain, on a continuing basis, the [optimum](/usc/16/1802.md?p=33) yield from each [fishery](/usc/16/1802.md?p=13);
  - (5) to establish [Regional Fishery Management Councils](/usc/16/1362.md?p=21) to exercise sound judgment in the stewardship of [fishery resources](/usc/16/1802.md?p=15) through the preparation, monitoring, and revision of such plans under circumstances (A) which will enable the [States](/usc/16/544.md?p=r), the [fishing](/usc/16/1802.md?p=16) industry, consumer and environmental organizations, and other interested [persons](/usc/16/1802.md?p=36) to participate in, and advise on, the establishment and administration of such plans, and (B) which take into account the social and economic needs of the [States](/usc/16/544.md?p=r);
  - (6) to encourage the development by the [United States](/usc/16/1802.md?p=45) [fishing](/usc/16/1802.md?p=16) industry of [fisheries](/usc/16/1802.md?p=13) which are currently underutilized or not utilized by [United States](/usc/16/1802.md?p=45) fishermen, including bottom [fish](/usc/16/1802.md?p=12) off Alaska, and to that end, to ensure that [optimum](/usc/16/1802.md?p=33) yield determinations promote such development in a non-wasteful manner; and
  - (7) to promote the protection of [essential fish habitat](/usc/16/1802.md?p=10) in the review of [projects](/usc/16/410r–5.md?p=c-4) conducted under Federal permits, licenses, or other authorities that affect or have the potential to affect such habitat.
- (c) **Policy—** It is further declared to be the policy of the Congress in this chapter—
  - (1) to maintain without change the existing territorial or other ocean jurisdiction of the [United States](/usc/16/1802.md?p=45) for all purposes other than the [conservation and management](/usc/16/1802.md?p=5) of [fishery resources](/usc/16/1802.md?p=15), as provided for in this chapter;
  - (2) to authorize no impediment to, or interference with, recognized legitimate [uses](/usc/16/410hhh–1.md?p=10) of the [high seas](/usc/16/1802.md?p=20), except as necessary for the [conservation and management](/usc/16/1802.md?p=5) of [fishery resources](/usc/16/1802.md?p=15), as provided for in this chapter;
  - (3) to assure that the national [fishery](/usc/16/1802.md?p=13) [conservation and management](/usc/16/1802.md?p=5) [program](/usc/16/460ss–6.md?p=1) utilizes, and is based upon, the best scientific information available; involves, and is responsive to the needs of, interested and affected [States](/usc/16/544.md?p=r) and citizens; considers efficiency; draws upon Federal, [State](/usc/16/1802.md?p=40), and academic capabilities in carrying out research, administration, management, and enforcement; considers the effects of [fishing](/usc/16/1802.md?p=16) on immature [fish](/usc/16/1802.md?p=12) and encourages development of practical measures that minimize [bycatch](/usc/16/1802.md?p=2) and avoid unnecessary waste of [fish](/usc/16/1802.md?p=12); and is workable and effective;
  - (4) to permit [foreign fishing](/usc/16/1802.md?p=19) consistent with the [provisions of this chapter](/usc/16/1861.md?p=j-1);
  - (5) to support and encourage active [United States](/usc/16/1802.md?p=45) efforts to obtain internationally acceptable agreements which provide for effective [conservation and management](/usc/16/1802.md?p=5) of [fishery resources](/usc/16/1802.md?p=15), and to secure agreements to regulate [fishing](/usc/16/1802.md?p=16) by vessels or [persons](/usc/16/1802.md?p=36) beyond the [exclusive economic zones](/usc/16/1802.md?p=11) of any nation;
  - (6) to foster and maintain the diversity of [fisheries](/usc/16/1802.md?p=13) in the [United States](/usc/16/1802.md?p=45); and
  - (7) to ensure that the [fishery resources](/usc/16/1802.md?p=15) adjacent to a [Pacific Insular Area](/usc/16/1802.md?p=35), including resident or migratory stocks within the [exclusive economic zone](/usc/16/1802.md?p=11) adjacent to such [areas](/usc/16/539m–1.md?p=1-A), be explored, developed, conserved, and managed for the benefit of the people of such [area](/usc/16/539m–1.md?p=1-A) and of the [United States](/usc/16/1802.md?p=45).

# §1802. Definitions


As used in this chapter, unless the context otherwise requires—

- (1) The term “anadromous species” means species of [fish](#12) which spawn in fresh or estuarine waters of the [United States](#45) and which migrate to ocean waters.
- (2) The term “bycatch” means [fish](#12) which are harvested in a [fishery](#13), but which are not sold or kept for personal use, and includes [economic discards](#9) and [regulatory discards](#38). Such term does not include [fish](#12) released alive under a recreational catch and release [fishery](#13) management [program](/usc/16/460ss–6.md?p=1).
- (3) The term “charter fishing” means [fishing](#16) from a vessel carrying a passenger for hire (as defined in [section 2101 of title 46](/usc/46/2101.md)) who is engaged in [recreational fishing](#37).
- (4) The term “commercial fishing” means [fishing](#16) in which the [fish](#12) harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter or trade.
- (5) The term “conservation and management” refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any [fishery resource](#15) and the marine environment; and (B) which are designed to assure that—
  - (i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis;
  - (ii) irreversible or long-term adverse effects on [fishery resources](#15) and the marine environment are avoided; and
  - (iii) there will be a multiplicity of options available with respect to future [uses](/usc/16/410hhh–1.md?p=10) of these [resources](/usc/16/410hhh–1.md?p=8).
- (6) The term “Continental Shelf” means the seabed and subsoil of the submarine [areas](/usc/16/539m–1.md?p=1-A) adjacent to the coast, but outside the [area](/usc/16/539m–1.md?p=1-A) of the territorial sea, of the [United States](#45), to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural [resources](/usc/16/410hhh–1.md?p=8) of such [areas](/usc/16/539m–1.md?p=1-A).
- (7) The term “Continental Shelf fishery resources” means the following:

Cnidaria

Bamboo [Coral](/usc/16/6456.md?p=2)—Acanella spp.;

Black [Coral](/usc/16/6456.md?p=2)—Antipathes spp.;

Gold [Coral](/usc/16/6456.md?p=2)—Callogorgia spp.;

Precious Red [Coral](/usc/16/6456.md?p=2)—Corallium spp.;

Bamboo [Coral](/usc/16/6456.md?p=2)—Keratoisis spp.; and

Gold [Coral](/usc/16/6456.md?p=2)—Parazoanthus spp.

Crustacea

Tanner Crab—Chionoecetes tanneri;

Tanner Crab—Chionoecetes opilio;

Tanner Crab—Chionoecetes angulatus;

Tanner Crab—Chionoecetes bairdi;

King Crab—Paralithodes camtschatica;

King Crab—Paralithodes platypus;

King Crab—Paralithodes brevipes;

Lobster—Homarus americanus;

Dungeness Crab—Cancer magister;

California King Crab—Paralithodes cali­forniensis;

California King Crab—Paralithodes rath­buni;

Golden King Crab—Lithodes aequispinus;

Northern Stone Crab—Lithodes maja;

Stone Crab—Menippe mercenaria; and

Deep-sea Red Crab—Chaceon quinquedens.

Mollusks

Red Abalone—Haliotis rufescens;

Pink Abalone—Haliotis corrugata;

Japanese Abalone—Haliotis kamtschat­kana;

Queen Conch—Strombus gigas;

Surf Clam—Spisula solidissima; and

Ocean Quahog—Arctica islandica.

Sponges

Glove Sponge—Spongia cheiris;

Sheepswool Sponge—Hippiospongia lachne;

Grass Sponge—Spongia graminea; and

Yellow Sponge—Spongia barbera.

If the [Secretary](#39) determines, after consultation with the Secretary of State, that living organisms of any other sedentary species are, at the harvestable stage, either—

- (A) immobile on or under the seabed, or
- (B) unable to move except in constant physical contact with the seabed or subsoil,

of the [Continental Shelf](#6) which appertains to the [United States](#45), and publishes notice of such determination in the Federal Register, such sedentary species shall be considered to be added to the foregoing list and included in such term for purposes of this chapter.

- (8) The term “[Council](/usc/16/460mmm–1.md?p=2)” means any [Regional Fishery Management Council](/usc/16/1362.md?p=21) established under [section 1852 of this title](/usc/16/1852.md).
- (9) The term “economic discards” means [fish](#12) which are the target of a [fishery](#13), but which are not retained because they are of an undesirable size, sex, or quality, or for other economic reasons.
- (10) The term “essential fish habitat” means those waters and substrate necessary to [fish](#12) for spawning, breeding, feeding or growth to maturity.
- (11) The term “exclusive economic zone” means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying this chapter, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the [coastal States](/usc/16/1468.md?p=a-2).
- (12) The term “fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.
- (13) The term “fishery” means—
  - (A) one or more stocks of [fish](#12) which can be treated as a [unit](/usc/16/430f–7.md?p=4) for purposes of [conservation and management](#5) and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and
  - (B) any [fishing](#16) for such stocks.
- (14) The term “regional fishery association” means an association formed for the mutual benefit of members—
  - (A) to meet social and economic needs in a [region](/usc/16/1447a.md?p=6) or subregion; and
  - (B) comprised of [persons](#36) engaging in the harvest or processing of [fishery resources](#15) in that specific [region](/usc/16/1447a.md?p=6) or subregion or who otherwise own or operate businesses substantially dependent upon a [fishery](#13).
- (15) The term “fishery resource” means any [fishery](#13), any [stock of fish](#42), any species of [fish](#12), and any habitat of [fish](#12).
- (16) The term “fishing” means—
  - (A) the catching, taking, or harvesting of [fish](#12);
  - (B) the attempted catching, taking, or harvesting of [fish](#12);
  - (C) any other activity which can reasonably be expected to result in the catching, taking, or harvesting of [fish](#12); or
  - (D) any operations at sea in support of, or in preparation for, any activity described in [subparagraphs (A) through (C)](#16-A..16-C).

  Such term does not include any scientific research activity which is conducted by a scientific research vessel.

- (17) The term “fishing community” means a community which is substantially dependent on or substantially engaged in the harvest or processing of [fishery resources](#15) to meet social and economic needs, and includes [fishing vessel](#18) [owners](/usc/16/429b–3.md?p=4), operators, and crew and [United States fish processors](#46) that are based in such community.
- (18) The term “fishing vessel” means any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type which is normally used for—
  - (A) [fishing](#16); or
  - (B) aiding or assisting one or more vessels at sea in the performance of any activity relating to [fishing](#16), including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing.
- (19) The term “foreign fishing” means [fishing](#16) by a vessel other than a [vessel of the United States](#48).
- (20) The term “high seas” means all waters beyond the territorial sea of the [United States](#45) and beyond any foreign nation’s territorial sea, to the extent that such sea is recognized by the [United States](#45).
- (21) The term “highly migratory species” means [tuna species](#44), marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks, sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius).
- (22) The term “import”—
  - (A) means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the [United States](#45), whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the [United States](#45); but
  - (B) does not include any activity described in [subparagraph (A)](#22-A) with respect to [fish](#12) caught in the [exclusive economic zone](#11) or by a [vessel of the United States](#48).
- (23) The term “individual fishing quota” means a Federal permit under a [limited access system](#27) to harvest a quantity of [fish](#12), expressed by a [unit](/usc/16/430f–7.md?p=4) or [units](/usc/16/430f–7.md?p=4) representing a percentage of the total allowable catch of a [fishery](#13) that may be received or held for exclusive use by a [person](#36). Such term does not include community development quotas as described in [section 1855(i) of this title](/usc/16/1855.md?p=i).
- (24) The term “international fishery agreement” means any bilateral or multilateral [treaty](#43), convention, or agreement which relates to [fishing](#16) and to which the [United States](#45) is a party.
- (25) The term “large-scale driftnet fishing” means a method of [fishing](#16) in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more, or with a mesh size of 14 inches or greater, is placed in the water and allowed to drift with the currents and winds for the purpose of entangling [fish](#12) in the webbing.
- (26) The term “limited access privilege”—
  - (A) means a Federal permit, issued as part of a [limited access system](#27) under [section 1853a of this title](/usc/16/1853a.md) to harvest a quantity of [fish](#12) expressed by a [unit](/usc/16/430f–7.md?p=4) or [units](/usc/16/430f–7.md?p=4) representing a portion of the total allowable catch of the [fishery](#13) that may be received or held for exclusive use by a [person](#36); and
  - (B) includes an [individual fishing quota](#23); but
  - (C) does not include community development quotas as described in [section 1855(i) of this title](/usc/16/1855.md?p=i).
- (27) The term “limited access system” means a [system](/usc/16/668ee.md?p=14) that limits participation in a [fishery](#13) to those satisfying certain eligibility criteria or requirements contained in a [fishery](#13) [management plan](/usc/16/460mmm–1.md?p=3) or associated regulation.
- (28) The term “Marine Fisheries Commission” means the Atlantic [States](/usc/16/544.md?p=r) Marine Fisheries Commission, the Gulf [States](/usc/16/544.md?p=r) Marine Fisheries Commission, or the Pacific [States](/usc/16/544.md?p=r) Marine Fisheries Commission.
- (29) The term “migratory range” means the maximum [area](/usc/16/539m–1.md?p=1-A) at a given time of the year within which [fish](#12) of an [anadromous species](#1) or stock thereof can be expected to be found, as determined on the basis of scale pattern analysis, tagging studies, or other reliable scientific information, except that the term does not include any part of such [area](/usc/16/539m–1.md?p=1-A) which is in the [waters of a foreign nation](#50).
- (30) The term “national standards” means the national standards for [fishery](#13) [conservation and management](#5) set forth in [section 1851 of this title](/usc/16/1851.md).
- (31) The term “observer” means any [person](#36) required or authorized to be carried on a vessel for [conservation and management](#5) purposes by regulations or permits under this chapter.
- (32) The term “observer information” means any information collected, observed, retrieved, or created by an [observer](#31) or electronic monitoring [system](/usc/16/668ee.md?p=14) pursuant to authorization by the [Secretary](#39), or collected as part of a cooperative research initiative, including [fish](#12) harvest or processing observations, [fish](#12) sampling or weighing data, vessel logbook data, vessel or processor-specific information (including any safety, location, or operating condition observations), and video, audio, photographic, or written documents.
- (33) The term “optimum”, with respect to the yield from a [fishery](#13), means the amount of [fish](#12) which—
  - (A) will provide the greatest overall benefit to the Nation, particularly with respect to food production and recreational opportunities, and taking into account the protection of marine ecosystems;
  - (B) is prescribed on the basis of the maximum sustainable yield from the [fishery](#13), as reduced by any relevant social, economic, or ecological factor; and
  - (C) in the case of an [overfished](#34) [fishery](#13), provides for rebuilding to a level consistent with producing the maximum sustainable yield in such [fishery](#13).
- (34) The terms “overfishing” and “overfished” mean a rate or level of [fishing](#16) mortality that jeopardizes the capacity of a [fishery](#13) to produce the maximum sustainable yield on a continuing basis.
- (35) The term “Pacific Insular Area” means American Samoa, Guam, the Northern Mariana Islands, Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Wake Island, or Palmyra Atoll, as applicable, and includes all islands and reefs appurtenant to such island, reef, or atoll.
- (36) The term “person” means any individual (whether or not a citizen or national of the [United States](#45)), any corporation, [partnership](/usc/16/8202.md?p=7), association, or other entity (whether or not organized or existing under the laws of any [State](#40)), and any Federal, [State](#40), local, or foreign government or any entity of any such government.
- (37) The term “recreational fishing” means [fishing](#16) for sport or pleasure.
- (38) The term “regulatory discards” means [fish](#12) harvested in a [fishery](#13) which fishermen are required by regulation to discard whenever caught, or are required by regulation to retain but not sell.
- (39) The term “Secretary” means the Secretary of Commerce or his designee.
- (40) The term “State” means each of the several [States](/usc/16/544.md?p=r), the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the [United States](#45).
- (41) [^1] The term “special areas” means the [areas](/usc/16/539m–1.md?p=1-A) referred to as eastern special areas in Article 3(1) of the Agreement between the [United States](#45) of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990. In particular, the term refers to those [areas](/usc/16/539m–1.md?p=1-A) east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the [United States](#45) is measured.
- (42) The term “stock of fish” means a species, subspecies, geographical grouping, or other category of [fish](#12) capable of management as a [unit](/usc/16/430f–7.md?p=4).
- (43) The term “treaty” means any [international fishery agreement](#24) which is a treaty within the meaning of [section 2](/usc/16/2.md) of article II of the Constitution.
- (44) The term “tuna species” means the following:

  Albacore Tuna—Thunnus alalunga;

  Bigeye Tuna—Thunnus obesus;

  Bluefin Tuna—Thunnus thynnus;

  Skipjack Tuna—Katsuwonus pelamis; and

  Yellowfin Tuna—Thunnus albacares.

- (45) The term “United States”, when used in a geographical context, means all the [States](/usc/16/544.md?p=r) thereof.
- (46) The term “United States fish processors” means facilities located within the [United States](#45) for, and vessels of the [United States](#45) used or equipped for, the processing of [fish](#12) for commercial use or consumption.
- (47) The term “United States harvested fish” means [fish](#12) caught, taken, or harvested by vessels of the [United States](#45) within any [fishery](#13) regulated under this chapter.
- (48) The term “vessel of the United States” means—
  - (A) any vessel documented under [chapter 121](/usc/46/chstII-ptH-ch121.md) of title 46;
  - (B) any vessel numbered in accordance with [chapter 123](/usc/46/chstII-ptH-ch123.md) of title 46 and measuring less than 5 net tons;
  - (C) any vessel numbered in accordance with [chapter 123](/usc/46/chstII-ptH-ch123.md) of title 46 and used exclusively for pleasure; or
  - (D) any vessel not equipped with propulsion machinery of any kind and used exclusively for pleasure.
- (49) The term “vessel subject to the jurisdiction of the United States” has the same meaning such term has in [section 70502(c) of title 46](/usc/46/70502.md?p=c).
- (50) The term “waters of a foreign nation” means any part of the territorial sea or [exclusive economic zone](#11) (or the equivalent) of a foreign nation, to the extent such territorial sea or [exclusive economic zone](#11) is recognized by the [United States](#45).

# §1803. Authorization of appropriations


There are authorized to be appropriated to the [Secretary](/usc/16/1802.md?p=39) to carry out the [provisions of this chapter](/usc/16/1861.md?p=j-1)—

- (1) $337,844,000 for fiscal year 2007;
- (2) $347,684,000 for fiscal year 2008;
- (3) $357,524,000 for fiscal year 2009;
- (4) $367,364,000 for fiscal year 2010;
- (5) $377,204,000 for fiscal year 2011;
- (6) $387,044,000 for fiscal year 2012; and
- (7) $396,875,000 for fiscal year 2013.

# §1811. United States sovereign rights to fish and fishery management authority

- (a) **In the exclusive economic zone—** Except as provided in [section 1812 of this title](/usc/16/1812.md), the [United States](/usc/16/1802.md?p=45) claims, and will exercise in the manner provided for in this chapter, sovereign rights and exclusive [fishery](/usc/16/1802.md?p=13) management authority over all [fish](/usc/16/1802.md?p=12), and all [Continental Shelf fishery resources](/usc/16/1802.md?p=7), within the [exclusive economic zone](/usc/16/1802.md?p=11).
- (b) **Beyond the exclusive economic zone—** The [United States](/usc/16/1802.md?p=45) claims, and will exercise in the manner provided for in this chapter, exclusive [fishery](/usc/16/1802.md?p=13) management authority over the following:
  - (1) All [anadromous species](/usc/16/1802.md?p=1) throughout the [migratory range](/usc/16/1802.md?p=29) of each such species beyond the [exclusive economic zone](/usc/16/1802.md?p=11); except that that management authority does not extend to any such species during the time they are found within any [waters of a foreign nation](/usc/16/1802.md?p=50).
  - (2) All [Continental Shelf fishery resources](/usc/16/1802.md?p=7) beyond the [exclusive economic zone](/usc/16/1802.md?p=11).

# §1812. Highly migratory species

- (a) **In general—** The [United States](/usc/16/1802.md?p=45) shall cooperate directly or through appropriate international organizations with those nations involved in [fisheries](/usc/16/1802.md?p=13) for [highly migratory species](/usc/16/1802.md?p=21) with a view to ensuring [conservation](/usc/16/6456.md?p=2) and shall promote the achievement of [optimum](/usc/16/1802.md?p=33) yield of such species throughout their range, both within and beyond the [exclusive economic zone](/usc/16/1802.md?p=11).
- (b) **Traditional participation—** In managing any [fisheries](/usc/16/1802.md?p=13) under an international [fisheries](/usc/16/1802.md?p=13) agreement to which the [United States](/usc/16/1802.md?p=45) is a party, the appropriate [Council](/usc/16/460mmm–1.md?p=2) or [Secretary](/usc/16/1802.md?p=39) shall take into account the traditional participation in the [fishery](/usc/16/1802.md?p=13), relative to other nations, by fishermen of the [United States](/usc/16/1802.md?p=45) on [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45).
- (c) **Promotion of stock management—** If a relevant international [fisheries](/usc/16/1802.md?p=13) organization does not have a process for developing a formal plan to rebuild a depleted stock, an [overfished](/usc/16/1802.md?p=34) stock, or a stock that is approaching a condition of being [overfished](/usc/16/1802.md?p=34), the [provisions of this chapter](/usc/16/1861.md?p=j-1) in this regard shall be communicated to and promoted by the [United States](/usc/16/1802.md?p=45) in the international or regional [fisheries](/usc/16/1802.md?p=13) organization.

# [§1813. Omitted — omitted]



# §1821. Foreign fishing

- (a) **In general—** After February 28, 1977, no [foreign fishing](/usc/16/1802.md?p=19) is authorized within the [exclusive economic zone](/usc/16/1802.md?p=11), or for [anadromous species](/usc/16/1802.md?p=1) or [Continental Shelf fishery resources](/usc/16/1802.md?p=7) beyond the [exclusive economic zone](/usc/16/1802.md?p=11), unless such [foreign fishing](/usc/16/1802.md?p=19)—
  - (1) is authorized under subsections [(b)](#b) or [(c)](#c) or [section 1824(e) of this title](/usc/16/1824.md?p=e), or under a permit issued under [section 1824(d) of this title](/usc/16/1824.md?p=d);
  - (2) is not prohibited under [subsection (f)](#f); and
  - (3) is conducted under, and in accordance with, a valid and applicable permit issued pursuant to [section 1824 of this title](/usc/16/1824.md).
- (b) **Existing international fishery agreements—** [Foreign fishing](/usc/16/1802.md?p=19) described in [subsection (a)](#a) may be conducted pursuant to an [international fishery agreement](/usc/16/1802.md?p=24) (subject to the provisions of section [1822(b)](/usc/16/1822.md?p=b) or [(c)](/usc/16/1822.md?p=c) of this title), if such agreement—
  - (1) was in effect on April 13, 1976; and
  - (2) has not expired, been renegotiated, or otherwise ceased to be of force and effect with respect to the [United States](/usc/16/1802.md?p=45).
- (c) **Governing international fishery agreements—** [Foreign fishing](/usc/16/1802.md?p=19) described in [subsection (a)](#a) may be conducted pursuant to an [international fishery agreement](/usc/16/1802.md?p=24) (other than a [treaty](/usc/16/1802.md?p=43)) which meets the requirements of this subsection if such agreement becomes effective after application of [section 1823 of this title](/usc/16/1823.md). Any such [international fishery agreement](/usc/16/1802.md?p=24) shall hereafter in this chapter be referred to as a “governing [international fishery agreement](/usc/16/1802.md?p=24)”. Each governing [international fishery agreement](/usc/16/1802.md?p=24) shall acknowledge the exclusive [fishery](/usc/16/1802.md?p=13) management authority of the [United States](/usc/16/1802.md?p=45), as set forth in this chapter. It is the sense of the Congress that each such agreement shall include a binding commitment, on the part of such foreign nation and its [fishing vessels](/usc/16/1802.md?p=18), to comply with the following terms and conditions:
  - (1) The foreign nation, and the [owner](/usc/16/429b–3.md?p=4) or operator of any [fishing vessel](/usc/16/1802.md?p=18) [fishing](/usc/16/1802.md?p=16) pursuant to such agreement, will abide by all regulations promulgated by the [Secretary](/usc/16/1802.md?p=39) pursuant to this chapter, including any regulations promulgated to implement any applicable [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or any preliminary [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3).
  - (2) The foreign nation, and the [owner](/usc/16/429b–3.md?p=4) or operator of any [fishing vessel](/usc/16/1802.md?p=18) [fishing](/usc/16/1802.md?p=16) pursuant to such agreement, will abide by the requirement that—
    - (A) any officer authorized to enforce the [provisions of this chapter](/usc/16/1861.md?p=j-1) (as provided for in [section 1861 of this title](/usc/16/1861.md)) be permitted—
      - (i) to [board](/usc/16/1447a.md?p=1), and search or inspect, any such vessel at any time,
      - (ii) to make arrests and seizures provided for in [section 1861(b) of this title](/usc/16/1861.md?p=b) whenever such officer has reasonable cause to believe, as a result of such a search or inspection, that any such vessel or any [person](/usc/16/1802.md?p=36) has committed an act prohibited by [section 1857 of this title](/usc/16/1857.md), and
      - (iii) to examine and make notations on the permit issued pursuant to [section 1824 of this title](/usc/16/1824.md) for such vessel;
    - (B) the permit issued for any such vessel pursuant to [section 1824 of this title](/usc/16/1824.md) be prominently displayed in the wheelhouse of such vessel;
    - (C) transponders, or such other appropriate position-fixing and identification equipment as the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating determines to be appropriate, be installed and maintained in working order on each such vessel;
    - (D) [United States](/usc/16/1802.md?p=45) [observers](/usc/16/1802.md?p=31) required under [subsection (h)](#h) be permitted to be stationed aboard any such vessel and that all of the costs incurred incident to such stationing, including the costs of data editing and entry and [observer](/usc/16/1802.md?p=31) monitoring, be paid for, in accordance with such subsection, by the [owner](/usc/16/429b–3.md?p=4) or operator of the vessel;
    - (E) any fees required under [section 1824(b)(10) of this title](/usc/16/1824.md?p=b-10) be paid in advance;
    - (F) agents be appointed and maintained within the [United States](/usc/16/1802.md?p=45) who are authorized to receive and respond to any legal process issued in the [United States](/usc/16/1802.md?p=45) with respect to such [owner](/usc/16/429b–3.md?p=4) or operator; and
    - (G) responsibility be assumed, in accordance with any requirements prescribed by the [Secretary](/usc/16/1802.md?p=39), for the reimbursement of [United States](/usc/16/1802.md?p=45) citizens for any loss of, or damage to, their [fishing vessels](/usc/16/1802.md?p=18), [fishing](/usc/16/1802.md?p=16) gear, or catch which is caused by any [fishing vessel](/usc/16/1802.md?p=18) of that nation;

    and will abide by any other monitoring, compliance, or enforcement requirement related to [fishery](/usc/16/1802.md?p=13) [conservation and management](/usc/16/1802.md?p=5) which is included in such agreement.

  - (3) The foreign nation and the [owners](/usc/16/429b–3.md?p=4) or operators of all of the [fishing vessels](/usc/16/1802.md?p=18) of such nation shall not, in any year, harvest an amount of [fish](/usc/16/1802.md?p=12) which exceeds such nation’s allocation of the total allowable level of [foreign fishing](/usc/16/1802.md?p=19), as determined under [subsection (e)](#e).
  - (4) The foreign nation will—
    - (A) apply, pursuant to [section 1824 of this title](/usc/16/1824.md), for any required permits;
    - (B) deliver promptly to the [owner](/usc/16/429b–3.md?p=4) or operator of the appropriate [fishing vessel](/usc/16/1802.md?p=18) any permit which is issued under that section for such vessel;
    - (C) abide by, and take appropriate steps under its own laws to assure that all such [owners](/usc/16/429b–3.md?p=4) and operators comply with, [section 1824(a) of this title](/usc/16/1824.md?p=a) and the applicable conditions and restrictions established under [section 1824(b)(7) of this title](/usc/16/1824.md?p=b-7); and
    - (D) take, or refrain from taking, as appropriate, actions of the kind referred to in [subsection (e)(1)](#e-1) in order to receive favorable allocations under such subsection.
- (d) **Total allowable level of foreign fishing—** The total allowable level of [foreign fishing](/usc/16/1802.md?p=19), if any, with respect to any [fishery](/usc/16/1802.md?p=13) subject to the exclusive [fishery](/usc/16/1802.md?p=13) management authority of the [United States](/usc/16/1802.md?p=45), is that portion of the [optimum](/usc/16/1802.md?p=33) yield of such [fishery](/usc/16/1802.md?p=13) which cannot, or will not, be harvested by vessels of the [United States](/usc/16/1802.md?p=45), as determined in accordance with this chapter. Allocations of the total allowable level of [foreign fishing](/usc/16/1802.md?p=19) are discretionary, except that the total allowable level shall be zero for [fisheries](/usc/16/1802.md?p=13) determined by the [Secretary](/usc/16/1802.md?p=39) to have adequate or excess domestic harvest capacity.
- (e) **Allocation of allowable level—**
  - (1)
    - (A) The Secretary of State, in cooperation with the [Secretary](/usc/16/1802.md?p=39), may make allocations to foreign nations from the total allowable level of [foreign fishing](/usc/16/1802.md?p=19) which is permitted with respect to each [fishery](/usc/16/1802.md?p=13) subject to the exclusive [fishery](/usc/16/1802.md?p=13) management authority of the [United States](/usc/16/1802.md?p=45).
    - (B) From the determinations made under [subparagraph (A)](#e-1-A), the Secretary of State shall compute the aggregate of all of the [fishery](/usc/16/1802.md?p=13) allocations made to each foreign nation.
    - (C) The Secretary of State shall initially release to each foreign nation for harvesting up to 50 percent of the allocations aggregate computed for such nation under [subparagraph (B)](#e-1-B), and such release of allocation shall be apportioned by the Secretary of State, in cooperation with the [Secretary](/usc/16/1802.md?p=39), among the individual [fishery](/usc/16/1802.md?p=13) allocations determined for that nation under [subparagraph (A)](#e-1-A). The basis on which each apportionment is made under this subparagraph shall be stated in writing by the Secretary of State.
    - (D) After the initial release of [fishery](/usc/16/1802.md?p=13) allocations under [subparagraph (C)](#e-1-C) to a foreign nation, any subsequent release of an allocation for any [fishery](/usc/16/1802.md?p=13) to such nation shall only be made—
      - (i) after the lapse of such period of time as may be sufficient for purposes of making the determination required under [clause (ii)](#e-1-D-ii); and
      - (ii) if the Secretary of State and the [Secretary](/usc/16/1802.md?p=39), after taking into account the size of the allocation for such [fishery](/usc/16/1802.md?p=13) and the length and timing of the [fishing](/usc/16/1802.md?p=16) season, determine in writing that such nation is complying with the purposes and intent of this paragraph with respect to such [fishery](/usc/16/1802.md?p=13).

      If the foreign nation is not determined under [clause (ii)](#e-1-D-ii) to be in such compliance, the Secretary of State shall reduce, in a manner and quantity he considers to be appropriate (I) the remainder of such allocation, or (II) if all of such allocation has been released, the next allocation of such [fishery](/usc/16/1802.md?p=13), if any, made to such nation.

    - (E) The determinations required to be made under subparagraphs [(A)](#e-1-A) and [(D)(ii)](#e-1-D-ii), and the apportionments required to be made under [subparagraph (C)](#e-1-C), with respect to a foreign nation shall be based on—
      - (i) whether, and to what extent, such nation imposes tariff barriers or nontariff barriers on the importation, or otherwise restricts the market access, of both [United States](/usc/16/1802.md?p=45) [fish](/usc/16/1802.md?p=12) and [fishery](/usc/16/1802.md?p=13) products, particularly [fish](/usc/16/1802.md?p=12) and [fishery](/usc/16/1802.md?p=13) products for which the foreign nation has requested an allocation;
      - (ii) whether, and to what extent, such nation is cooperating with the [United States](/usc/16/1802.md?p=45) in both the advancement of existing and new opportunities for [fisheries](/usc/16/1802.md?p=13) exports from the [United States](/usc/16/1802.md?p=45) through the purchase of [fishery](/usc/16/1802.md?p=13) products from [United States](/usc/16/1802.md?p=45) processors, and the advancement of [fisheries](/usc/16/1802.md?p=13) trade through the purchase of [fish](/usc/16/1802.md?p=12) and [fishery](/usc/16/1802.md?p=13) products from [United States](/usc/16/1802.md?p=45) fishermen, particularly [fish](/usc/16/1802.md?p=12) and [fishery](/usc/16/1802.md?p=13) products for which the foreign nation has requested an allocation;
      - (iii) whether, and to what extent, such nation and the [fishing](/usc/16/1802.md?p=16) fleets of such nation have cooperated with the [United States](/usc/16/1802.md?p=45) in the enforcement of [United States](/usc/16/1802.md?p=45) [fishing](/usc/16/1802.md?p=16) regulations;
      - (iv) whether, and to what extent, such nation requires the [fish](/usc/16/1802.md?p=12) harvested from the [exclusive economic zone](/usc/16/1802.md?p=11) for its domestic consumption;
      - (v) whether, and to what extent, such nation otherwise contributes to, or fosters the growth of, a sound and economic [United States](/usc/16/1802.md?p=45) [fishing](/usc/16/1802.md?p=16) industry, including minimizing gear conflicts with [fishing](/usc/16/1802.md?p=16) operations of [United States](/usc/16/1802.md?p=45) fishermen, and transferring harvesting or processing technology which will benefit the [United States](/usc/16/1802.md?p=45) [fishing](/usc/16/1802.md?p=16) industry;
      - (vi) whether, and to what extent, the [fishing vessels](/usc/16/1802.md?p=18) of such nation have traditionally engaged in [fishing](/usc/16/1802.md?p=16) in such [fishery](/usc/16/1802.md?p=13);
      - (vii) whether, and to what extent, such nation is cooperating with the [United States](/usc/16/1802.md?p=45) in, and making substantial contributions to, [fishery](/usc/16/1802.md?p=13) research and the identification of [fishery resources](/usc/16/1802.md?p=15); and
      - (viii) such other matters as the Secretary of State, in cooperation with the [Secretary](/usc/16/1802.md?p=39), deems appropriate.
  - (2)
    - (A) For the purposes of this paragraph—
      - (i) The term “certification” means a certification made by the [Secretary](/usc/16/1802.md?p=39) that nationals of a foreign country, directly or indirectly, are conducting [fishing](/usc/16/1802.md?p=16) operations or engaging in trade or taking which diminishes the effectiveness of the International Convention for the Regulation of Whaling. A certification under this section shall also be deemed a certification for the purposes of [section 1978(a) of title 22](/usc/22/1978.md?p=a).
      - (ii) The term “remedial period” means the 365-day period beginning on the date on which a [certification](#e-2-A-i) is issued with respect to a foreign country.
    - (B) If the [Secretary](/usc/16/1802.md?p=39) issues a [certification](#e-2-A-i) with respect to any foreign country, then each allocation under [paragraph (1)](#e-1) that—
      - (i) is in effect for that foreign country on the date of issuance; or
      - (ii) is not in effect on such date but would, without regard to this paragraph, be made to the foreign country within the [remedial period](#e-2-A-ii);

      shall be reduced by the Secretary of State, in consultation with the [Secretary](/usc/16/1802.md?p=39), by not less than 50 percent.

    - (C) The following apply for purposes of administering [subparagraph (B)](#e-2-B) with respect to any foreign country:
      - (i) If on the date of [certification](#e-2-A-i), the foreign country has harvested a portion, but not all, of the quantity of [fish](/usc/16/1802.md?p=12) specified under any allocation, the reduction under [subparagraph (B)](#e-2-B) for that allocation shall be applied with respect to the quantity not harvested as of such date.
      - (ii) If the [Secretary](/usc/16/1802.md?p=39) notified the Secretary of State that it is not likely that the [certification](#e-2-A-i) of the foreign country will be terminated under [section 1978(d) of title 22](/usc/22/1978.md?p=d) before the close of the period for which an allocation is applicable or before the close of the [remedial period](#e-2-A-ii) (whichever close first occurs) the Secretary of State, in consultation with the [Secretary](/usc/16/1802.md?p=39), shall reallocate any portion of any reduction made under [subparagraph (B)](#e-2-B) among one or more foreign countries for which no [certification](#e-2-A-i) is in effect.
      - (iii) If the [certification](#e-2-A-i) is terminated under such [section 1978(d) of title 22](/usc/22/1978.md?p=d) during the [remedial period](#e-2-A-ii), the Secretary of State shall return to the foreign country that portion of any allocation reduced under [subparagraph (B)](#e-2-B) that was not reallocated under [clause (ii)](#e-2-C-ii); unless the harvesting of the [fish](/usc/16/1802.md?p=12) covered by the allocation is otherwise prohibited under this chapter.
      - (iv) The [Secretary](/usc/16/1802.md?p=39) may refund or credit, by reason of reduction of any allocation under this paragraph, any fee paid under [section 1824 of this title](/usc/16/1824.md).
    - (D) If the [certification](#e-2-A-i) of a foreign country is not terminated under [section 1978(d) of title 22](/usc/22/1978.md?p=d) before the close of the last day of the [remedial period](#e-2-A-ii), the Secretary of State—
      - (i) with respect to any allocation made to that country and in effect (as reduced under [subparagraph (B)](#e-2-B)) on such last day, shall rescind, effective on and after the day after such last day, any unharvested portion of such allocation; and
      - (ii) may not thereafter make any allocation to that country under [paragraph (1)](#e-1) until the [certification](#e-2-A-i) is terminated.
- (f) **Reciprocity—** [Foreign fishing](/usc/16/1802.md?p=19) shall not be authorized for the [fishing vessels](/usc/16/1802.md?p=18) of any foreign nation unless such nation satisfies the [Secretary](/usc/16/1802.md?p=39) and the Secretary of State that such nation extends substantially the same [fishing](/usc/16/1802.md?p=16) privileges to [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45), if any, as the [United States](/usc/16/1802.md?p=45) extends to [foreign fishing](/usc/16/1802.md?p=19) vessels.
- (g) **Preliminary fishery management plans—** The [Secretary](/usc/16/1802.md?p=39), when notified by the Secretary of State that any foreign nation has submitted an application under [section 1824(b) of this title](/usc/16/1824.md?p=b) shall prepare a preliminary [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) for any [fishery](/usc/16/1802.md?p=13) covered by such application if the [Secretary](/usc/16/1802.md?p=39) determines that no [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) for that [fishery](/usc/16/1802.md?p=13) will be prepared and implemented, pursuant to subchapter IV, before March 1, 1977. To the extent practicable, each such plan—
  - (1) shall contain a preliminary description of the [fishery](/usc/16/1802.md?p=13) and a preliminary determination as to—
    - (A) the [optimum](/usc/16/1802.md?p=33) yield from such [fishery](/usc/16/1802.md?p=13);
    - (B) when appropriate, the capacity and extent to which [United States fish processors](/usc/16/1802.md?p=46) will process that portion of such [optimum](/usc/16/1802.md?p=33) yield that will be harvested by vessels of the [United States](/usc/16/1802.md?p=45); and
    - (C) the total allowable level of [foreign fishing](/usc/16/1802.md?p=19) with respect to such [fishery](/usc/16/1802.md?p=13);
  - (2) shall require each [foreign fishing](/usc/16/1802.md?p=19) vessel engaged or wishing to engage in such [fishery](/usc/16/1802.md?p=13) to obtain a permit from the [Secretary](/usc/16/1802.md?p=39);
  - (3) shall require the submission of pertinent data to the [Secretary](/usc/16/1802.md?p=39), with respect to such [fishery](/usc/16/1802.md?p=13), as described in [section 1853(a)(5) of this title](/usc/16/1853.md?p=a-5); and
  - (4) may, to the extent necessary to prevent irreversible effects from [overfishing](/usc/16/1802.md?p=34), with respect to such [fishery](/usc/16/1802.md?p=13), contain [conservation and management](/usc/16/1802.md?p=5) measures applicable to [foreign fishing](/usc/16/1802.md?p=19) which—
    - (A) are determined to be necessary and appropriate for the [conservation and management](/usc/16/1802.md?p=5) of such [fishery](/usc/16/1802.md?p=13),
    - (B) are consistent with the [national standards](/usc/16/1802.md?p=30), the other [provisions of this chapter](/usc/16/1861.md?p=j-1), and other applicable law, and
    - (C) are described in section [1853(b)(2)](/usc/16/1853.md?p=b-2), [(3)](/usc/16/1853.md?p=b-3), [(4)](/usc/16/1853.md?p=b-4), [(5)](/usc/16/1853.md?p=b-5), and [(7)](/usc/16/1853.md?p=b-7) of this title.

  Each preliminary [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) shall be in effect with respect to [foreign fishing](/usc/16/1802.md?p=19) for which permits have been issued until a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) is prepared and implemented, pursuant to subchapter IV, with respect to such [fishery](/usc/16/1802.md?p=13). The [Secretary](/usc/16/1802.md?p=39) may, in accordance with [section 553 of title 5](/usc/5/553.md), also prepare and promulgate interim regulations with respect to any such preliminary plan. Such regulations shall be in effect until regulations implementing the applicable [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) are promulgated pursuant to [section 1855 of this title](/usc/16/1855.md).

- (h) **Full observer coverage program—**
  - (1)
    - (A) Except as provided in [paragraph (2)](#h-2), the [Secretary](/usc/16/1802.md?p=39) shall establish a [program](/usc/16/460ss–6.md?p=1) under which a [United States](/usc/16/1802.md?p=45) [observer](/usc/16/1802.md?p=31) will be stationed aboard each [foreign fishing](/usc/16/1802.md?p=19) vessel while that vessel is engaged in [fishing](/usc/16/1802.md?p=16) within the [exclusive economic zone](/usc/16/1802.md?p=11).
    - (B) The [Secretary](/usc/16/1802.md?p=39) shall by regulation prescribe minimum health and safety standards that shall be maintained aboard each [foreign fishing](/usc/16/1802.md?p=19) vessel with regard to the facilities provided for the quartering of, and the carrying out of [observer](/usc/16/1802.md?p=31) functions by, [United States](/usc/16/1802.md?p=45) [observers](/usc/16/1802.md?p=31).
  - (2) The requirement in [paragraph (1)](#h-1) that a [United States](/usc/16/1802.md?p=45) [observer](/usc/16/1802.md?p=31) be placed aboard each [foreign fishing](/usc/16/1802.md?p=19) vessel may be waived by the [Secretary](/usc/16/1802.md?p=39) if he finds that—
    - (A) in a situation where a fleet of harvesting vessels transfers its catch taken within the [exclusive economic zone](/usc/16/1802.md?p=11) to another vessel, aboard which is a [United States](/usc/16/1802.md?p=45) [observer](/usc/16/1802.md?p=31), the stationing of [United States](/usc/16/1802.md?p=45) [observers](/usc/16/1802.md?p=31) on only a portion of the harvesting vessel fleet will provide a [representative](/usc/16/5609.md?p=13) sampling of the by-catch of the fleet that is sufficient for purposes of determining whether the requirements of the applicable [management plans](/usc/16/460mmm–1.md?p=3) for the by-catch species are being complied with;
    - (B) in a situation where the [foreign fishing](/usc/16/1802.md?p=19) vessel is operating under a [Pacific Insular Area](/usc/16/1802.md?p=35) [fishing](/usc/16/1802.md?p=16) agreement, the Governor of the applicable [Pacific Insular Area](/usc/16/1802.md?p=35), in consultation with the Western Pacific [Council](/usc/16/460mmm–1.md?p=2), has established an [observer](/usc/16/1802.md?p=31) coverage [program](/usc/16/460ss–6.md?p=1) or other monitoring [program](/usc/16/460ss–6.md?p=1) that the [Secretary](/usc/16/1802.md?p=39), in consultation with the Western Pacific Management [Council](/usc/16/460mmm–1.md?p=2), determines is adequate to monitor harvest, [bycatch](/usc/16/1802.md?p=2), and compliance with the laws of the [United States](/usc/16/1802.md?p=45) by vessels [fishing](/usc/16/1802.md?p=16) under the agreement;
    - (C) the time during which a [foreign fishing](/usc/16/1802.md?p=19) vessel will engage in [fishing](/usc/16/1802.md?p=16) within the [exclusive economic zone](/usc/16/1802.md?p=11) will be of such short duration that the placing of a [United States](/usc/16/1802.md?p=45) [observer](/usc/16/1802.md?p=31) aboard the vessel would be impractical; or
    - (D) for reasons beyond the control of the [Secretary](/usc/16/1802.md?p=39), an [observer](/usc/16/1802.md?p=31) is not available.
  - (3) [Observers](/usc/16/1802.md?p=31), while stationed aboard [foreign fishing](/usc/16/1802.md?p=19) vessels, shall carry out such scientific, compliance monitoring, and other functions as the [Secretary](/usc/16/1802.md?p=39) deems necessary or appropriate to carry out the purposes of this chapter; and shall cooperate in carrying out such other scientific [programs](/usc/16/460ss–6.md?p=1) relating to the [conservation and management](/usc/16/1802.md?p=5) of living [resources](/usc/16/410hhh–1.md?p=8) as the [Secretary](/usc/16/1802.md?p=39) deems appropriate.
  - (4) In [addition](/usc/16/410r–5.md?p=c-2) to any fee imposed under [section 1824(b)(10) of this title](/usc/16/1824.md?p=b-10) and [section 1980(e) of title 22](/usc/22/1980.md?p=e) with respect to [foreign fishing](/usc/16/1802.md?p=19) for any year after 1980, the [Secretary](/usc/16/1802.md?p=39) shall impose, with respect to each [foreign fishing](/usc/16/1802.md?p=19) vessel for which a permit is issued under such [section 1824 of this title](/usc/16/1824.md), a surcharge in an amount sufficient to cover all the costs of providing a [United States](/usc/16/1802.md?p=45) [observer](/usc/16/1802.md?p=31) aboard that vessel. The failure to pay any surcharge imposed under this paragraph shall be treated by the [Secretary](/usc/16/1802.md?p=39) as a failure to pay the permit fee for such vessel under [section 1824(b)(10) of this title](/usc/16/1824.md?p=b-10). All surcharges collected by the [Secretary](/usc/16/1802.md?p=39) under this paragraph shall be deposited in the [Foreign Fishing](/usc/16/1802.md?p=19) [Observer](/usc/16/1802.md?p=31) [Fund](/usc/16/1421h.md?p=2) established by [paragraph (5)](#h-5).
  - (5) There is established in the Treasury of the [United States](/usc/16/1802.md?p=45) the [Foreign Fishing](/usc/16/1802.md?p=19) [Observer](/usc/16/1802.md?p=31) [Fund](/usc/16/1421h.md?p=2). The [Fund](/usc/16/1421h.md?p=2) shall be available to the [Secretary](/usc/16/1802.md?p=39) as a revolving [fund](/usc/16/1421h.md?p=2) for the purpose of carrying out this subsection. The [Fund](/usc/16/1421h.md?p=2) shall consist of the surcharges deposited into it as required under [paragraph (4)](#h-4). All payments made by the [Secretary](/usc/16/1802.md?p=39) to carry out this subsection shall be paid from the [Fund](/usc/16/1421h.md?p=2), only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the [Fund](/usc/16/1421h.md?p=2) which are not currently needed for the purposes of this subsection shall be kept on deposit or invested in obligations of, or guaranteed by, the [United States](/usc/16/1802.md?p=45).
  - (6) If at any time the requirement set forth in [paragraph (1)](#h-1) cannot be met because of insufficient appropriations, the [Secretary](/usc/16/1802.md?p=39) shall, in implementing a supplementary [observer](/usc/16/1802.md?p=31) [program](/usc/16/460ss–6.md?p=1):
    - (A) certify as [observers](/usc/16/1802.md?p=31), for the purposes of this subsection, individuals who are citizens or nationals of the [United States](/usc/16/1802.md?p=45) and who have the requisite education or experience to carry out the functions referred to in [paragraph (3)](#h-3);
    - (B) establish standards of conduct for certified [observers](/usc/16/1802.md?p=31) equivalent to those applicable to Federal personnel;
    - (C) establish a reasonable schedule of fees that certified [observers](/usc/16/1802.md?p=31) or their agents shall be paid by the [owners](/usc/16/429b–3.md?p=4) and operators of [foreign fishing](/usc/16/1802.md?p=19) vessels for [observer](/usc/16/1802.md?p=31) services; and
    - (D) monitor the performance of [observers](/usc/16/1802.md?p=31) to ensure that it meets the purposes of this chapter.
- (i) **Recreational fishing—** Notwithstanding any other provision of this subchapter, [foreign fishing](/usc/16/1802.md?p=19) vessels which are not operated for profit may engage in [recreational fishing](/usc/16/1802.md?p=37) within the [exclusive economic zone](/usc/16/1802.md?p=11) and the waters within the boundaries of a [State](/usc/16/1802.md?p=40) subject to obtaining such permits, paying such reasonable fees, and complying with such conditions and restrictions as the [Secretary](/usc/16/1802.md?p=39) and the Governor of the [State](/usc/16/1802.md?p=40) (or his designee) shall impose as being necessary or appropriate to insure that the [fishing](/usc/16/1802.md?p=16) activity of such foreign vessels within such zone or waters, respectively, is consistent with all applicable Federal and [State](/usc/16/1802.md?p=40) laws and any applicable [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) implemented under [section 1854 of this title](/usc/16/1854.md). The [Secretary](/usc/16/1802.md?p=39) shall consult with the Secretary of State and the [Secretary](/usc/16/1802.md?p=39) of the Department in which the Coast Guard is operating in formulating the conditions and restrictions to be applied by the [Secretary](/usc/16/1802.md?p=39) under the authority of this subsection.

# §1822. International fishery agreements

- (a) **Negotiations—** The Secretary of State—
  - (1) shall renegotiate [treaties](/usc/16/1802.md?p=43) as provided for in [subsection (b)](#b);
  - (2) shall negotiate governing [international fishery agreements](/usc/16/1802.md?p=24) described in [section 1821(c) of this title](/usc/16/1821.md?p=c);
  - (3) may negotiate boundary agreements as provided for in [subsection (d)](#d);
  - (4) shall, upon the request of and in cooperation with the [Secretary](/usc/16/1802.md?p=39), initiate and conduct negotiations for the purpose of entering into [international fishery agreements](/usc/16/1802.md?p=24)—
    - (A) which allow [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) equitable access to [fish](/usc/16/1802.md?p=12) over which foreign nations assert exclusive [fishery](/usc/16/1802.md?p=13) management authority, and
    - (B) which provide for the [conservation and management](/usc/16/1802.md?p=5) of [anadromous species](/usc/16/1802.md?p=1) and [highly migratory species](/usc/16/1802.md?p=21); and
  - (5) may enter into such other negotiations, not prohibited by [subsection (c)](#c), as may be necessary and appropriate to further the purposes, policy, and [provisions of this chapter](/usc/16/1861.md?p=j-1).
- (b) **Treaty renegotiation—** The Secretary of State, in cooperation with the [Secretary](/usc/16/1802.md?p=39), shall initiate, promptly after April 13, 1976, the renegotiation of any [treaty](/usc/16/1802.md?p=43) which pertains to [fishing](/usc/16/1802.md?p=16) within the [exclusive economic zone](/usc/16/1802.md?p=11) (or within the [area](/usc/16/539m–1.md?p=1-A) that will constitute such zone after February 28, 1977), or for [anadromous species](/usc/16/1802.md?p=1) or [Continental Shelf fishery resources](/usc/16/1802.md?p=7) beyond such zone or [area](/usc/16/539m–1.md?p=1-A), and which is in any manner inconsistent with the purposes, policy, or [provisions of this chapter](/usc/16/1861.md?p=j-1), in order to conform such [treaty](/usc/16/1802.md?p=43) to such purposes, policy, and provisions. It is the sense of Congress that the [United States](/usc/16/1802.md?p=45) shall withdraw from any such [treaty](/usc/16/1802.md?p=43), in accordance with its provisions, if such [treaty](/usc/16/1802.md?p=43) is not so renegotiated within a reasonable period of time after April 13, 1976.
- (c) **International fishery agreements—** No [international fishery agreement](/usc/16/1802.md?p=24) (other than a [treaty](/usc/16/1802.md?p=43)) which pertains to [foreign fishing](/usc/16/1802.md?p=19) within the [exclusive economic zone](/usc/16/1802.md?p=11) (or within the [area](/usc/16/539m–1.md?p=1-A) that will constitute such zone after February 28, 1977), or for [anadromous species](/usc/16/1802.md?p=1) or [Continental Shelf fishery resources](/usc/16/1802.md?p=7) beyond such zone or [area](/usc/16/539m–1.md?p=1-A)—
  - (1) which is in effect on June 1, 1976, may thereafter be renewed, extended, or amended; or
  - (2) may be entered into after May 31, 1976;

  by the [United States](/usc/16/1802.md?p=45) unless it is in accordance with the provisions of [section 1821(c) of this title](/usc/16/1821.md?p=c) or [section 1824(e) of this title](/usc/16/1824.md?p=e).

- (d) **Boundary negotiations—** The Secretary of State, in cooperation with the [Secretary](/usc/16/1802.md?p=39), may initiate and conduct negotiations with any adjacent or opposite foreign nation to establish the boundaries of the [exclusive economic zone](/usc/16/1802.md?p=11) of the [United States](/usc/16/1802.md?p=45) in relation to any such nation.
- (e) **Highly migratory species agreements—**
  - (1) **Evaluation—** The Secretary of State, in cooperation with the [Secretary](/usc/16/1802.md?p=39), shall evaluate the effectiveness of each existing [international fishery agreement](/usc/16/1802.md?p=24) which pertains to [fishing](/usc/16/1802.md?p=16) for [highly migratory species](/usc/16/1802.md?p=21). Such evaluation shall consider whether the agreement provides for—
    - (A) the collection and analysis of necessary information for effectively managing the [fishery](/usc/16/1802.md?p=13), including but not limited to information about the number of vessels involved, the type and quantity of [fishing](/usc/16/1802.md?p=16) gear used, the species of [fish](/usc/16/1802.md?p=12) involved and their location, the catch and [bycatch](/usc/16/1802.md?p=2) levels in the [fishery](/usc/16/1802.md?p=13), and the present and probable future condition of any [stock of fish](/usc/16/1802.md?p=42) involved;
    - (B) the establishment of measures applicable to the [fishery](/usc/16/1802.md?p=13) which are necessary and appropriate for the [conservation and management](/usc/16/1802.md?p=5) of the [fishery resource](/usc/16/1802.md?p=15) involved;
    - (C) equitable arrangements which provide [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) with (i) access to the [highly migratory species](/usc/16/1802.md?p=21) that are the subject of the agreement and (ii) a portion of the allowable catch that reflects the traditional participation by such vessels in the [fishery](/usc/16/1802.md?p=13);
    - (D) effective enforcement of [conservation and management](/usc/16/1802.md?p=5) measures and access arrangements throughout the [area](/usc/16/539m–1.md?p=1-A) of jurisdiction; and
    - (E) sufficient and dependable funding to implement the provisions of the agreement, based on reasonable assessments of the benefits derived by participating nations.
  - (2) **Access negotiations—** The Secretary of State, in cooperation with the [Secretary](/usc/16/1802.md?p=39), shall initiate negotiations with respect to obtaining access for vessels of the [United States](/usc/16/1802.md?p=45) [fishing](/usc/16/1802.md?p=16) for [tuna species](/usc/16/1802.md?p=44) within the [exclusive economic zones](/usc/16/1802.md?p=11) of other nations on reasonable terms and conditions.
  - (3) **Reports—** The Secretary of State shall report to the Congress—
    - (A) within 12 months after November 28, 1990, on the results of the evaluation required under [paragraph (1)](#e-1), together with recommendations for addressing any inadequacies identified; and
    - (B) within six months after November 28, 1990, on the results of the access negotiations required under [paragraph (2)](#e-2).
  - (4) **Negotiation—** The Secretary of State, in consultation with the [Secretary](/usc/16/1802.md?p=39), shall undertake such negotiations with respect to [international fishery agreements](/usc/16/1802.md?p=24) on [highly migratory species](/usc/16/1802.md?p=21) as are necessary to correct inadequacies identified as a result of the evaluation conducted under [paragraph (1)](#e-1).
  - (5) **South Pacific tuna treaty—** It is the sense of the Congress that the [United States](/usc/16/1802.md?p=45) Government shall, at the earliest opportunity, begin negotiations for the purpose of extending the [Treaty](/usc/16/1802.md?p=43) on [Fisheries](/usc/16/1802.md?p=13) Between the Governments of Certain Pacific Island [States](/usc/16/544.md?p=r) and the Government of the [United States](/usc/16/1802.md?p=45) of America, signed at Port Moresby, Papua New Guinea, April 2, 1987, and it[^1] Annexes, Schedules, and implementing agreements for an additional term of 10 years on terms and conditions at least as favorable to vessels of the [United States](/usc/16/1802.md?p=45) and the [United States](/usc/16/1802.md?p=45) Government.
- (f) **Nonrecognition—** It is the sense of the Congress that the [United States](/usc/16/1802.md?p=45) Government shall not recognize the claim of any foreign nation to an [exclusive economic zone](/usc/16/1802.md?p=11) (or the equivalent) beyond such nation’s territorial sea, to the extent that such sea is recognized by the [United States](/usc/16/1802.md?p=45), if such nation—
  - (1) fails to consider and take into account traditional [fishing](/usc/16/1802.md?p=16) activity of [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45);
  - (2) fails to recognize and accept that [highly migratory species](/usc/16/1802.md?p=21) are to be managed by applicable [international fishery agreements](/usc/16/1802.md?p=24), whether or not such nation is a party to any such agreement; or
  - (3) imposes on [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) any conditions or restrictions which are unrelated to [fishery](/usc/16/1802.md?p=13) [conservation and management](/usc/16/1802.md?p=5).
- (g) **Fishery agreement with Russia—**
  - (1) The Secretary of State, in consultation with the [Secretary](/usc/16/1802.md?p=39), is authorized to negotiate and conclude a [fishery](/usc/16/1802.md?p=13) agreement with Russia of a duration of no more than 3 years, pursuant to which—
    - (A) Russia will give [United States](/usc/16/1802.md?p=45) [fishing vessels](/usc/16/1802.md?p=18) the opportunity to conduct traditional [fisheries](/usc/16/1802.md?p=13) within waters claimed by the [United States](/usc/16/1802.md?p=45) prior to the conclusion of the Agreement between the [United States](/usc/16/1802.md?p=45) of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, west of the maritime boundary, including the western special [area](/usc/16/539m–1.md?p=1-A) described in Article 3(2) of the Agreement;
    - (B) the [United States](/usc/16/1802.md?p=45) will give [fishing vessels](/usc/16/1802.md?p=18) of Russia the opportunity to conduct traditional [fisheries](/usc/16/1802.md?p=13) within waters claimed by the Union of Soviet Socialist Republics prior to the conclusion of the Agreement referred to in [subparagraph (A)](#g-1-A), east of the maritime boundary, including the eastern [special areas](/usc/16/1802.md?p=41) described in Article 3(1) of the Agreement;
    - (C) catch data shall be made available to the government of the country exercising [fisheries](/usc/16/1802.md?p=13) jurisdiction over the waters in which the catch occurred; and
    - (D) each country shall have the right to place [observers](/usc/16/1802.md?p=31) on [board](/usc/16/1447a.md?p=1) vessels of the other country and to [board](/usc/16/1447a.md?p=1) and inspect such vessels.
  - (2) Vessels operating under a [fishery](/usc/16/1802.md?p=13) agreement negotiated and concluded pursuant to [paragraph (1)](#g-1) shall be subject to regulations and permit requirements of the country in whose waters the [fisheries](/usc/16/1802.md?p=13) are conducted only to the extent such regulations and permit requirements are specified in that agreement.
  - (3) The [Secretary](/usc/16/1802.md?p=39) of Commerce may promulgate such regulations, in accordance with [section 553 of title 5](/usc/5/553.md), as may be necessary to carry out the provisions of any [fishery](/usc/16/1802.md?p=13) agreement negotiated and concluded pursuant to [paragraph (1)](#g-1).
- (h) **Bycatch reduction agreements—**
  - (1) The Secretary of State, in cooperation with the [Secretary](/usc/16/1802.md?p=39), shall seek to secure an international agreement to establish standards and measures for [bycatch](/usc/16/1802.md?p=2) reduction that are comparable to the standards and measures applicable to [United States](/usc/16/1802.md?p=45) fishermen for such purposes in any [fishery](/usc/16/1802.md?p=13) regulated pursuant to this chapter for which the [Secretary](/usc/16/1802.md?p=39), in consultation with the Secretary of State, determines that such an international agreement is necessary and appropriate.
  - (2) An international agreement negotiated under this subsection shall be—
    - (A) consistent with the policies and purposes of this chapter; and
    - (B) subject to approval by Congress under [section 1823 of this title](/usc/16/1823.md).

# §1823. Congressional oversight of international fishery agreements

- (a) **In general—** No governing [international fishery agreement](/usc/16/1802.md?p=24), [bycatch](/usc/16/1802.md?p=2) reduction agreement, or [Pacific Insular Area](/usc/16/1802.md?p=35) [fishery](/usc/16/1802.md?p=13) agreement shall become effective with respect to the [United States](/usc/16/1802.md?p=45) before the close of the first 120 days (excluding any days in a period for which the Congress is adjourned sine die) after the date on which the President transmits to the House of [Representatives](/usc/16/5609.md?p=13) and to the Senate a document setting forth the text of such governing [international fishery agreement](/usc/16/1802.md?p=24), [bycatch](/usc/16/1802.md?p=2) reduction agreement, or [Pacific Insular Area](/usc/16/1802.md?p=35) [fishery](/usc/16/1802.md?p=13) agreement. A copy of the document shall be delivered to each House of Congress on the same day and shall be delivered to the Clerk of the House of [Representatives](/usc/16/5609.md?p=13), if the House is not in session, and to the [Secretary](/usc/16/1802.md?p=39) of the Senate, if the Senate is not in session.
- (b) **Referral to committees—** Any document described in [subsection (a)](#a) shall be immediately referred in the House of [Representatives](/usc/16/5609.md?p=13) to the [Committee](/usc/16/941b.md?p=1) on Merchant Marine and [Fisheries](/usc/16/1802.md?p=13), and in the Senate to the [Committees](/usc/16/941b.md?p=1) on Commerce, Science, and Transportation and on Foreign Relations.
- (c) **Congressional procedures—**
  - (1) **Rules of the House of Representatives and Senate—** The provisions of this section are enacted by the Congress—
    - (A) as an exercise of the rulemaking power of the House of [Representatives](/usc/16/5609.md?p=13) and the Senate, respectively, and they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of [fishery agreement resolutions](#c-2) described in [paragraph (2)](#c-2), and they supersede other rules only to the extent that they are inconsistent therewith; and
    - (B) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, and in the same manner and to the same extent as in the case of any other rule of that House.
  - (2) **“Fishery agreement resolution” defined—** For purposes of this subsection, the term “fishery agreement resolution” refers to a joint resolution of either House of Congress—
    - (A) the effect of which is to prohibit the entering into force and effect of any governing [international fishery agreement](/usc/16/1802.md?p=24), [bycatch](/usc/16/1802.md?p=2) reduction agreement, or [Pacific Insular Area](/usc/16/1802.md?p=35) [fishery](/usc/16/1802.md?p=13) agreement the text of which is transmitted to the Congress pursuant to [subsection (a)](#a); and
    - (B) which is reported from the [Committee](/usc/16/941b.md?p=1) on Merchant Marine and [Fisheries](/usc/16/1802.md?p=13) of the House of [Representatives](/usc/16/5609.md?p=13) or the [Committee](/usc/16/941b.md?p=1) on Commerce, Science, and Transportation or the [Committee](/usc/16/941b.md?p=1) on Foreign Relations of the Senate, not later than 45 days after the date on which the document described in [subsection (a)](#a) relating to that agreement is transmitted to the Congress.
  - (3) **Placement on calendar—** Any [fishery agreement resolution](#c-2) upon being reported shall immediately be placed on the appropriate calendar.
  - (4) **Floor consideration in the House—**
    - (A) A motion in the House of [Representatives](/usc/16/5609.md?p=13) to proceed to the consideration of any [fishery agreement resolution](#c-2) shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
    - (B) Debate in the House of [Representatives](/usc/16/5609.md?p=13) on any [fishery agreement resolution](#c-2) shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit any [fishery agreement resolution](#c-2) or to move to reconsider the vote by which any [fishery agreement resolution](#c-2) is agreed to or disagreed to.
    - (C) Motions to postpone, made in the House of [Representatives](/usc/16/5609.md?p=13) with respect to the consideration of any [fishery agreement resolution](#c-2), and motions to proceed to the consideration of other business, shall be decided without debate.
    - (D) All appeals from the decisions of the Chair relating to the application of the Rules of the House of [Representatives](/usc/16/5609.md?p=13) to the procedure relating to any [fishery agreement resolution](#c-2) shall be decided without debate.
    - (E) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any [fishery agreement resolution](#c-2) shall be governed by the Rules of the House of [Representatives](/usc/16/5609.md?p=13) applicable to other bills and resolutions in similar circumstances.
  - (5) **Floor consideration in the Senate—**
    - (A) A motion in the Senate to proceed to the consideration of any [fishery agreement resolution](#c-2) shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
    - (B) Debate in the Senate on any [fishery agreement resolution](#c-2) and on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
    - (C) Debate in the Senate on any debatable motion or appeal in connection with any [fishery agreement resolution](#c-2) shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover of the motion or appeal and the manager of the resolution, except that if the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. The majority leader and the minority leader, or either of them, may allot additional time to any Senator during the consideration of any debatable motion or appeal, from time under their control with respect to the applicable [fishery agreement resolution](#c-2).
    - (D) A motion in the Senate to further limit debate is not debatable. A motion to recommit any [fishery agreement resolution](#c-2) is not in order.

# §1824. Permits for foreign fishing

- (a) **In general—** After February 28, 1977, no [foreign fishing](/usc/16/1802.md?p=19) vessel shall engage in [fishing](/usc/16/1802.md?p=16) within the [exclusive economic zone](/usc/16/1802.md?p=11), or for [anadromous species](/usc/16/1802.md?p=1) or [Continental Shelf fishery resources](/usc/16/1802.md?p=7) beyond such zone, unless such vessel has on [board](/usc/16/1447a.md?p=1) a valid permit issued under this section for such vessel.
- (b) **Applications and permits under governing international fishery agreements—**
  - (1) **Eligibility; duration—** Each foreign nation with which the [United States](/usc/16/1802.md?p=45) has entered into a governing [international fishery agreement](/usc/16/1802.md?p=24) shall submit an application to the Secretary of State each year for a permit for each of its [fishing vessels](/usc/16/1802.md?p=18) that wishes to engage in [fishing](/usc/16/1802.md?p=16) described in [subsection (a)](#a). No permit issued under this section may be valid for longer than a year; and [section 558(c) of title 5](/usc/5/558.md?p=c) does not apply to the renewal of any such permit.
  - (2) **Forms—** The [Secretary](/usc/16/1802.md?p=39), in consultation with the Secretary of State and the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating, shall prescribe the forms for permit applications submitted under this subsection and for permits issued pursuant to any such application.
  - (3) **Contents—** Any application made under this subsection shall specify—
    - (A) the name and official number or other identification of each [fishing vessel](/usc/16/1802.md?p=18) for which a permit is sought, together with the name and address of the [owner](/usc/16/429b–3.md?p=4) thereof;
    - (B) the tonnage, hold capacity, speed, processing equipment, type and quantity of [fishing](/usc/16/1802.md?p=16) gear, and such other pertinent information with respect to characteristics of each such vessel as the [Secretary](/usc/16/1802.md?p=39) may require;
    - (C) each [fishery](/usc/16/1802.md?p=13) in which each such vessel wishes to [fish](/usc/16/1802.md?p=12);
    - (D) the estimated amount of tonnage of [fish](/usc/16/1802.md?p=12) which will be caught, taken, or harvested in each such [fishery](/usc/16/1802.md?p=13) by each such vessel during the time the permit is in force;
    - (E) the amount or tonnage of [United States harvested fish](/usc/16/1802.md?p=47), if any, which each such vessel proposes to receive at sea from vessels of the [United States](/usc/16/1802.md?p=45);
    - (F) the ocean [area](/usc/16/539m–1.md?p=1-A) in which, and the season or period during which, such [fishing](/usc/16/1802.md?p=16) will be conducted; and
    - (G) all applicable vessel safety standards imposed by the foreign country, and shall include written certification that the vessel is in compliance with those standards;

    and shall include any other pertinent information and material which the [Secretary](/usc/16/1802.md?p=39) may require.

  - (4) **Transmittal for action—** Upon receipt of any application which complies with the requirements of [paragraph (3)](#b-3), the Secretary of State shall publish a notice of receipt of the application in the Federal Register. Any such notice shall summarize the contents of the applications from each nation included therein with respect to the matters described in [paragraph (3)](#b-3). The Secretary of State shall promptly transmit—
    - (A) such application, together with his comments and recommendations thereon, to the [Secretary](/usc/16/1802.md?p=39);
    - (B) a copy of the application to the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating; and
    - (C) a copy or a summary of the application to the appropriate [Council](/usc/16/460mmm–1.md?p=2).
  - (5) **Action by Council—** After receiving a copy or summary of an application under [paragraph (4)(C)](#b-4-C), the [Council](/usc/16/460mmm–1.md?p=2) may prepare and submit to the [Secretary](/usc/16/1802.md?p=39) such written comments on the application as it deems appropriate. Such comments shall be submitted within 45 days after the date on which the application is received by the [Council](/usc/16/460mmm–1.md?p=2) and may include recommendations with respect to approval of the application and, if approval is recommended, with respect to appropriate conditions and restrictions thereon. Any interested [person](/usc/16/1802.md?p=36) may submit comments to such [Council](/usc/16/460mmm–1.md?p=2) with respect to any such application. The [Council](/usc/16/460mmm–1.md?p=2) shall consider any such comments in formulating its submission to the [Secretary](/usc/16/1802.md?p=39).
  - (6) **Approval—**
    - (A) After receipt of any application transmitted under [paragraph (4)(A)](#b-4-A), the [Secretary](/usc/16/1802.md?p=39) shall consult with the Secretary of State and, with respect to enforcement, with the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating. The [Secretary](/usc/16/1802.md?p=39), after taking into consideration the views and recommendations of such [Secretaries](/usc/16/1802.md?p=39), and any comments submitted by any [Council](/usc/16/460mmm–1.md?p=2) under [paragraph (5)](#b-5), may approve, subject to [subparagraph (B)](#b-6-B), the application, if he determines that the [fishing](/usc/16/1802.md?p=16) described in the application will meet the requirements of this chapter, or he may disapprove all or any portion of the application.
    - (B)
      - (i) In the case of any application which specifies that one or more [foreign fishing](/usc/16/1802.md?p=19) vessels propose to receive at sea [United States harvested fish](/usc/16/1802.md?p=47) from vessels of the [United States](/usc/16/1802.md?p=45), the [Secretary](/usc/16/1802.md?p=39) may approve the application unless the [Secretary](/usc/16/1802.md?p=39) determines, on the basis of the views, recommendations, and comments referred to in [subparagraph (A)](#b-6-A) and other pertinent information, that [United States fish processors](/usc/16/1802.md?p=46) have adequate capacity, and will utilize such capacity, to process all [United States harvested fish](/usc/16/1802.md?p=47) from the [fishery](/usc/16/1802.md?p=13) concerned.
      - (ii) The amount or tonnage of [United States harvested fish](/usc/16/1802.md?p=47) which may be received at sea during any year by [foreign fishing](/usc/16/1802.md?p=19) vessels under permits approved under this paragraph may not exceed that portion of the [optimum](/usc/16/1802.md?p=33) yield of the [fishery](/usc/16/1802.md?p=13) concerned which will not be utilized by [United States fish processors](/usc/16/1802.md?p=46).
      - (iii) In deciding whether to approve any application under this subparagraph, the [Secretary](/usc/16/1802.md?p=39) may take into account, with respect to the foreign nation concerned, such other matters as the [Secretary](/usc/16/1802.md?p=39) deems appropriate.
  - (7) **Establishment of conditions and restrictions—** The [Secretary](/usc/16/1802.md?p=39) shall establish conditions and restrictions which shall be included in each permit issued pursuant to any application approved under [paragraph (6)](#b-6) or [subsection (d)](#d) and which must be complied with by the [owner](/usc/16/429b–3.md?p=4) or operator of the [fishing vessel](/usc/16/1802.md?p=18) for which the permit is issued. Such conditions and restrictions shall include the following:
    - (A) All of the requirements of any applicable [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), or preliminary [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), and any applicable Federal or [State](/usc/16/1802.md?p=40) [fishing](/usc/16/1802.md?p=16) regulations.
    - (B) The requirement that no permit may be used by any vessel other than the [fishing vessel](/usc/16/1802.md?p=18) for which it is issued.
    - (C) The requirements described in section [1821(c)(1)](/usc/16/1821.md?p=c-1), [(2)](/usc/16/1821.md?p=c-2), and [(3)](/usc/16/1821.md?p=c-3) of this title.
    - (D) If the permit is issued other than pursuant to an application approved under [paragraph (6)(B)](#b-6-B) or [subsection (d)](#d), the restriction that the [foreign fishing](/usc/16/1802.md?p=19) vessel may not receive at sea [United States harvested fish](/usc/16/1802.md?p=47) from vessels of the [United States](/usc/16/1802.md?p=45).
    - (E) If the permit is issued pursuant to an application approved under [paragraph (6)(B)](#b-6-B), the maximum amount or tonnage of [United States harvested fish](/usc/16/1802.md?p=47) which may be received at sea from vessels of the [United States](/usc/16/1802.md?p=45).
    - (F) Any other condition and restriction related to [fishery](/usc/16/1802.md?p=13) [conservation and management](/usc/16/1802.md?p=5) which the [Secretary](/usc/16/1802.md?p=39) prescribes as necessary and appropriate.
  - (8) **Notice of approval—** The [Secretary](/usc/16/1802.md?p=39) shall promptly transmit a copy of each application approved under [paragraph (6)](#b-6) and the conditions and restrictions established under [paragraph (7)](#b-7) to—
    - (A) the Secretary of State for transmittal to the foreign nation involved;
    - (B) the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating; and
    - (C) any [Council](/usc/16/460mmm–1.md?p=2) which has authority over any [fishery](/usc/16/1802.md?p=13) specified in such application.
  - (9) **Disapproval of applications—** If the [Secretary](/usc/16/1802.md?p=39) does not approve any application submitted by a foreign nation under this subsection, he shall promptly inform the Secretary of State of the disapproval and his reasons therefore. The Secretary of State shall notify such foreign nation of the disapproval and the reasons therefor. Such foreign nation, after taking into consideration the reasons for disapproval, may submit a revised application under this subsection.
  - (10) **Fees—**
    - (A) Fees shall be paid to the [Secretary](/usc/16/1802.md?p=39) by the [owner](/usc/16/429b–3.md?p=4) or operator of any [foreign fishing](/usc/16/1802.md?p=19) vessel for which a permit has been issued pursuant to this section. The [Secretary](/usc/16/1802.md?p=39), in consultation with the Secretary of State, shall establish a schedule of reasonable fees that shall apply nondiscriminatorily to each foreign nation.
    - (B) Amounts collected by the [Secretary](/usc/16/1802.md?p=39) under this paragraph shall be deposited in the general [fund](/usc/16/1421h.md?p=2) of the Treasury.
  - (11) **Issuance of permits—** If a foreign nation notifies the Secretary of State of its acceptance of the conditions and restrictions established by the [Secretary](/usc/16/1802.md?p=39) under [paragraph (7)](#b-7), the Secretary of State shall promptly transmit such notification to the [Secretary](/usc/16/1802.md?p=39). Upon payment of the applicable fees established pursuant to [paragraph (10)](#b-10), the [Secretary](/usc/16/1802.md?p=39) shall thereupon issue to such foreign nation, through the Secretary of State, permits for the appropriate [fishing vessels](/usc/16/1802.md?p=18) of that nation. Each permit shall contain a statement of all conditions and restrictions established under [paragraph (7)](#b-7) which apply to the [fishing vessel](/usc/16/1802.md?p=18) for which the permit is issued.
- (c) **Registration permits—** The Secretary of State, in cooperation with the [Secretary](/usc/16/1802.md?p=39), shall issue annually a registration permit for each [fishing vessel](/usc/16/1802.md?p=18) of a foreign nation which is a party to an [international fishery agreement](/usc/16/1802.md?p=24) under which [foreign fishing](/usc/16/1802.md?p=19) is authorized by [section 1821(b) of this title](/usc/16/1821.md?p=b) and which wishes to engage in [fishing](/usc/16/1802.md?p=16) described in [subsection (a)](#a). Each such permit shall set forth the terms and conditions contained in the agreement that apply with respect to such [fishing](/usc/16/1802.md?p=16), and shall include the additional requirement that the [owner](/usc/16/429b–3.md?p=4) or operator of the [fishing vessel](/usc/16/1802.md?p=18) for which the permit is issued shall prominently display such permit in the wheelhouse of such vessel and show it, upon request, to any officer authorized to enforce the [provisions of this chapter](/usc/16/1861.md?p=j-1) (as provided for in [section 1861 of this title](/usc/16/1861.md)). The Secretary of State, after consultation with the [Secretary](/usc/16/1802.md?p=39) and the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating, shall prescribe the form and manner in which applications for registration permits may be made, and the forms of such permits. The Secretary of State may establish, require the payment of, and collect fees for registration permits; except that the level of such fees shall not exceed the administrative costs incurred by him in issuing such permits.
- (d) **Transshipment permits—**
  - (1) **Authority to issue permits—** The [Secretary](/usc/16/1802.md?p=39) may issue a transshipment permit under this subsection which authorizes a vessel other than a [vessel of the United States](/usc/16/1802.md?p=48) to engage in [fishing](/usc/16/1802.md?p=16) consisting solely of transporting [fish](/usc/16/1802.md?p=12) or [fish](/usc/16/1802.md?p=12) products at sea from a point within the [exclusive economic zone](/usc/16/1802.md?p=11) or, with the concurrence of a [State](/usc/16/1802.md?p=40), within the boundaries of that [State](/usc/16/1802.md?p=40), to a point outside the [United States](/usc/16/1802.md?p=45) to any [person](/usc/16/1802.md?p=36) who—
    - (A) submits an application which is approved by the [Secretary](/usc/16/1802.md?p=39) under [paragraph (3)](#d-3); and
    - (B) pays a fee imposed under [paragraph (7)](#d-7).
  - (2) **Transmittal—** Upon receipt of an application for a permit under this subsection, the [Secretary](/usc/16/1802.md?p=39) shall promptly transmit copies of the application to the Secretary of State, [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating, any appropriate [Council](/usc/16/460mmm–1.md?p=2), and any affected [State](/usc/16/1802.md?p=40).
  - (3) **Approval of application—** The [Secretary](/usc/16/1802.md?p=39) may approve, in consultation with the appropriate [Council](/usc/16/460mmm–1.md?p=2) or [Marine Fisheries Commission](/usc/16/1802.md?p=28), an application for a permit under this section if the [Secretary](/usc/16/1802.md?p=39) determines that—
    - (A) the transportation of [fish](/usc/16/1802.md?p=12) or [fish](/usc/16/1802.md?p=12) products to be conducted under the permit, as described in the application, will be in the interest of the [United States](/usc/16/1802.md?p=45) and will meet the applicable requirements of this chapter;
    - (B) the applicant will comply with the requirements described in [section 1821(c)(2) of this title](/usc/16/1821.md?p=c-2) with respect to activities authorized by any permit issued pursuant to the application;
    - (C) the applicant has established any bonds or financial assurances that may be required by the [Secretary](/usc/16/1802.md?p=39); and
    - (D) no [owner](/usc/16/429b–3.md?p=4) or operator of a [vessel of the United States](/usc/16/1802.md?p=48) which has adequate capacity to perform the transportation for which the application is submitted has indicated to the [Secretary](/usc/16/1802.md?p=39) an interest in performing the transportation at fair and reasonable rates.
  - (4) **Whole or partial approval—** The [Secretary](/usc/16/1802.md?p=39) may approve all or any portion of an application under [paragraph (3)](#d-3).
  - (5) **Failure to approve application—** If the [Secretary](/usc/16/1802.md?p=39) does not approve any portion of an application submitted under [paragraph (1)](#d-1), the [Secretary](/usc/16/1802.md?p=39) shall promptly inform the applicant and specify the reasons therefor.
  - (6) **Conditions and restrictions—** The [Secretary](/usc/16/1802.md?p=39) shall establish and include in each permit under this subsection conditions and restrictions, including those conditions and restrictions set forth in [subsection (b)(7)](#b-7), which shall be complied with by the [owner](/usc/16/429b–3.md?p=4) and operator of the vessel for which the permit is issued.
  - (7) **Fees—** The [Secretary](/usc/16/1802.md?p=39) shall collect a fee for each permit issued under this subsection, in an amount adequate to recover the costs incurred by the [United States](/usc/16/1802.md?p=45) in issuing the permit, except that the [Secretary](/usc/16/1802.md?p=39) shall waive the fee for the permit if the foreign nation under which the vessel is registered does not collect a fee from a [vessel of the United States](/usc/16/1802.md?p=48) engaged in similar activities in the waters of such foreign nation.
- (e) **Pacific Insular Areas—**
  - (1) **Negotiation of Pacific Insular Area fishery agreements—** The Secretary of State, with the concurrence of the [Secretary](/usc/16/1802.md?p=39) and in consultation with any appropriate [Council](/usc/16/460mmm–1.md?p=2), may negotiate and enter into a [Pacific Insular Area](/usc/16/1802.md?p=35) [fishery](/usc/16/1802.md?p=13) agreement to authorize [foreign fishing](/usc/16/1802.md?p=19) within the [exclusive economic zone](/usc/16/1802.md?p=11) adjacent to a [Pacific Insular Area](/usc/16/1802.md?p=35)—
    - (A) in the case of American Samoa, Guam, or the Northern Mariana Islands, at the request and with the concurrence of, and in consultation with, the Governor of the [Pacific Insular Area](/usc/16/1802.md?p=35) to which such agreement applies; and
    - (B) in the case of a [Pacific Insular Area](/usc/16/1802.md?p=35) other than American Samoa, Guam, or the Northern Mariana Islands, at the request of the Western Pacific [Council](/usc/16/460mmm–1.md?p=2).
  - (2) **Agreement terms and conditions—** A [Pacific Insular Area](/usc/16/1802.md?p=35) [fishery](/usc/16/1802.md?p=13) agreement—
    - (A) shall not be considered to supersede any governing [international fishery agreement](/usc/16/1802.md?p=24) currently in effect under this chapter, but shall provide an alternative basis for the conduct of [foreign fishing](/usc/16/1802.md?p=19) within the [exclusive economic zone](/usc/16/1802.md?p=11) adjacent to [Pacific Insular Areas](/usc/16/1802.md?p=35);
    - (B) shall be negotiated and implemented consistent only with the governing [international fishery agreement](/usc/16/1802.md?p=24) provisions of this subchapter specifically made applicable in this subsection;
    - (C) may not be negotiated with a nation that is in [violation](/usc/16/620e.md?p=11) of a governing [international fishery agreement](/usc/16/1802.md?p=24) in effect under this chapter;
    - (D) shall not be entered into if it is determined by the Governor of the applicable [Pacific Insular Area](/usc/16/1802.md?p=35) with respect to agreements initiated under [paragraph (1)(A)](#e-1-A), or the Western Pacific [Council](/usc/16/460mmm–1.md?p=2) with respect to agreements initiated under [paragraph (1)(B)](#e-1-B), that such an agreement will adversely affect the [fishing](/usc/16/1802.md?p=16) activities of the indigenous people of such [Pacific Insular Area](/usc/16/1802.md?p=35);
    - (E) shall be valid for a period not to exceed three years and shall only become effective according to the procedures in [section 1823 of this title](/usc/16/1823.md); and
    - (F) shall require the foreign nation and its [fishing vessels](/usc/16/1802.md?p=18) to comply with the requirements of paragraphs (1), (2), (3) and (4)(A) of [section 1821(c) of this title](/usc/16/1821.md?p=c), [section 1821(d) of this title](/usc/16/1821.md?p=d), and [section 1821(h) of this title](/usc/16/1821.md?p=h).
  - (3) **Permits for foreign fishing—**
    - (A) Application for permits for [foreign fishing](/usc/16/1802.md?p=19) authorized under a [Pacific Insular Areas](/usc/16/1802.md?p=35) [fishing](/usc/16/1802.md?p=16) agreement shall be made, considered and approved or disapproved in accordance with paragraphs [(3)](#b-3), [(4)](#b-4), [(5)](#b-5), [(6)](#b-6), [(7)(A)](#b-7-A) and [(B)](#b-7-B), [(8)](#b-8), and [(9)](#b-9) of subsection (b), and shall include any conditions and restrictions established by the [Secretary](/usc/16/1802.md?p=39) in consultation with the Secretary of State, the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating, the Governor of the applicable [Pacific Insular Area](/usc/16/1802.md?p=35), and the appropriate [Council](/usc/16/460mmm–1.md?p=2).
    - (B) If a foreign nation notifies the Secretary of State of its acceptance of the requirements of this paragraph, [paragraph (2)(F)](#e-2-F), and [paragraph (5)](#e-5), including any conditions and restrictions established under [subparagraph (A)](#e-3-A), the Secretary of State shall promptly transmit such notification to the [Secretary](/usc/16/1802.md?p=39). Upon receipt of any payment required under a [Pacific Insular Area](/usc/16/1802.md?p=35) [fishing](/usc/16/1802.md?p=16) agreement, the [Secretary](/usc/16/1802.md?p=39) shall thereupon issue to such foreign nation, through the Secretary of State, permits for the appropriate [fishing vessels](/usc/16/1802.md?p=18) of that nation. Each permit shall contain a statement of all of the requirements, conditions, and restrictions established under this subsection which apply to the [fishing vessel](/usc/16/1802.md?p=18) for which the permit is issued.
  - (4) **Marine conservation plans—**
    - (A) Prior to entering into a [Pacific Insular Area](/usc/16/1802.md?p=35) [fishery](/usc/16/1802.md?p=13) agreement, the Western Pacific [Council](/usc/16/460mmm–1.md?p=2) and the appropriate Governor shall develop a 3-year marine [conservation plan](/usc/16/2902.md?p=2) detailing [uses](/usc/16/410hhh–1.md?p=10) for [funds](/usc/16/1421h.md?p=2) to be collected by the [Secretary](/usc/16/1802.md?p=39) pursuant to such agreement. Such plan shall be consistent with any applicable [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), identify [conservation and management](/usc/16/1802.md?p=5) objectives (including criteria for determining when such objectives have been met), and prioritize planned marine [conservation](/usc/16/6456.md?p=2) [projects](/usc/16/410r–5.md?p=c-4). [Conservation and management](/usc/16/1802.md?p=5) objectives shall include, but not be limited to—
      - (i) [Pacific Insular Area](/usc/16/1802.md?p=35) [observer](/usc/16/1802.md?p=31) [programs](/usc/16/460ss–6.md?p=1), or other monitoring [programs](/usc/16/460ss–6.md?p=1), that the [Secretary](/usc/16/1802.md?p=39) determines are adequate to monitor the harvest, [bycatch](/usc/16/1802.md?p=2), and compliance with the laws of the [United States](/usc/16/1802.md?p=45) by [foreign fishing](/usc/16/1802.md?p=19) vessels that [fish](/usc/16/1802.md?p=12) under [Pacific Insular Area](/usc/16/1802.md?p=35) [fishing](/usc/16/1802.md?p=16) agreements;
      - (ii) conduct of marine and [fisheries](/usc/16/1802.md?p=13) research, including development of [systems](/usc/16/668ee.md?p=14) for information collection, analysis, evaluation, and reporting;
      - (iii) [conservation](/usc/16/6456.md?p=2), education, and enforcement activities related to marine and coastal management, such as living marine resource assessments, habitat monitoring and coastal studies;
      - (iv) grants to the University of Hawaii for technical assistance [projects](/usc/16/410r–5.md?p=c-4) by the Pacific Island Network, such as education and training in the development and implementation of sustainable marine [resources](/usc/16/410hhh–1.md?p=8) development [projects](/usc/16/410r–5.md?p=c-4), scientific research, and [conservation](/usc/16/6456.md?p=2) [strategies](/usc/16/583k–1.md?p=7); and
      - (v) western Pacific community-based demonstration [projects](/usc/16/410r–5.md?p=c-4) under section 112(b) of the Sustainable Fisheries Act and other coastal improvement [projects](/usc/16/410r–5.md?p=c-4) to foster and promote the management, [conservation](/usc/16/6456.md?p=2), and economic enhancement of the [Pacific Insular Areas](/usc/16/1802.md?p=35).
    - (B) In the case of American Samoa, Guam, and the Northern Mariana Islands, the appropriate Governor, with the concurrence of the Western Pacific [Council](/usc/16/460mmm–1.md?p=2), shall develop the marine [conservation plan](/usc/16/2902.md?p=2) described in [subparagraph (A)](#e-4-A) and submit such plan to the [Secretary](/usc/16/1802.md?p=39) for approval. In the case of other [Pacific Insular Areas](/usc/16/1802.md?p=35), the Western Pacific [Council](/usc/16/460mmm–1.md?p=2) shall develop and submit the marine [conservation plan](/usc/16/2902.md?p=2) described in [subparagraph (A)](#e-4-A) to the [Secretary](/usc/16/1802.md?p=39) for approval.
    - (C) If a Governor or the Western Pacific [Council](/usc/16/460mmm–1.md?p=2) intends to request that the Secretary of State renew a [Pacific Insular Area](/usc/16/1802.md?p=35) [fishery](/usc/16/1802.md?p=13) agreement, a subsequent 3-year plan shall be submitted to the [Secretary](/usc/16/1802.md?p=39) for approval by the end of the second year of the existing 3-year plan.
  - (5) **Reciprocal conditions—** Except as expressly provided otherwise in this subsection, a [Pacific Insular Area](/usc/16/1802.md?p=35) [fishing](/usc/16/1802.md?p=16) agreement may include terms similar to the terms applicable to [United States](/usc/16/1802.md?p=45) [fishing vessels](/usc/16/1802.md?p=18) for access to similar [fisheries](/usc/16/1802.md?p=13) in waters subject to the [fisheries](/usc/16/1802.md?p=13) jurisdiction of another nation.
  - (6) **Use of payments by American Samoa, Guam, Northern Mariana Islands—** Any payments received by the [Secretary](/usc/16/1802.md?p=39) under a [Pacific Insular Area](/usc/16/1802.md?p=35) [fishery](/usc/16/1802.md?p=13) agreement for American Samoa, Guam, or the Northern Mariana Islands shall be deposited into the [United States](/usc/16/1802.md?p=45) Treasury and then covered over to the Treasury of the [Pacific Insular Area](/usc/16/1802.md?p=35) for which those [funds](/usc/16/1421h.md?p=2) were collected. Amounts deposited in the Treasury of a [Pacific Insular Area](/usc/16/1802.md?p=35) shall be available, without appropriation or fiscal year limitation, to the Governor of the [Pacific Insular Area](/usc/16/1802.md?p=35)—
    - (A) to carry out the purposes of this subsection;
    - (B) to compensate (i) the Western Pacific [Council](/usc/16/460mmm–1.md?p=2) for mutually agreed upon administrative costs incurred relating to any [Pacific Insular Area](/usc/16/1802.md?p=35) [fishery](/usc/16/1802.md?p=13) agreement for such [Pacific Insular Area](/usc/16/1802.md?p=35), and (ii) the Secretary of State for mutually agreed upon travel expenses for no more than 2 Federal [representatives](/usc/16/5609.md?p=13) incurred as a direct result of complying with [paragraph (1)(A)](#e-1-A); and
    - (C) to implement a marine [conservation plan](/usc/16/2902.md?p=2) developed and approved under [paragraph (4)](#e-4).
  - (7) **Western Pacific Sustainable Fisheries Fund—** There is established in the [United States](/usc/16/1802.md?p=45) Treasury a Western Pacific Sustainable [Fisheries](/usc/16/1802.md?p=13) [Fund](/usc/16/1421h.md?p=2) into which any payments received by the [Secretary](/usc/16/1802.md?p=39) under a [Pacific Insular Area](/usc/16/1802.md?p=35) [fishery](/usc/16/1802.md?p=13) agreement and any [funds](/usc/16/1421h.md?p=2) or contributions received in support of [conservation and management](/usc/16/1802.md?p=5) objectives under a marine [conservation plan](/usc/16/2902.md?p=2) for any [Pacific Insular Area](/usc/16/1802.md?p=35) other than American Samoa, Guam, or the Northern Mariana Islands shall be deposited. The Western Pacific Sustainable [Fisheries](/usc/16/1802.md?p=13) [Fund](/usc/16/1421h.md?p=2) shall be made available, without appropriation or fiscal year limitation, to the [Secretary](/usc/16/1802.md?p=39), who shall provide such [funds](/usc/16/1421h.md?p=2) only to—
    - (A) the Western Pacific [Council](/usc/16/460mmm–1.md?p=2) for the purpose of carrying out the provisions of this subsection, including implementation of a marine [conservation plan](/usc/16/2902.md?p=2) approved under [paragraph (4)](#e-4);
    - (B) the Secretary of State for mutually agreed upon travel expenses for no more than 2 Federal [representatives](/usc/16/5609.md?p=13) incurred as a direct result of complying with [paragraph (1)(B)](#e-1-B); and
    - (C) the Western Pacific [Council](/usc/16/460mmm–1.md?p=2) to meet [conservation and management](/usc/16/1802.md?p=5) objectives in the [State](/usc/16/1802.md?p=40) of Hawaii if monies remain in the Western Pacific Sustainable [Fisheries](/usc/16/1802.md?p=13) [Fund](/usc/16/1421h.md?p=2) after the funding requirements of subparagraphs [(A)](#e-7-A) and [(B)](#e-7-B) have been satisfied.

    Amounts deposited in such [fund](/usc/16/1421h.md?p=2) shall not diminish funding received by the Western Pacific [Council](/usc/16/460mmm–1.md?p=2) for the purpose of carrying out other responsibilities under this chapter.

  - (8) **Use of fines and penalties—** In the case of [violations](/usc/16/620e.md?p=11) occurring within the [exclusive economic zone](/usc/16/1802.md?p=11) off American Samoa, Guam, or the Northern Mariana Islands, amounts received by the [Secretary](/usc/16/1802.md?p=39) which are attributable to fines or penalties imposed under this chapter, including such sums collected from the forfeiture and disposition or sale of property seized subject to its authority, after payment of direct costs of the enforcement action to all entities involved in such action, shall be deposited into the Treasury of the [Pacific Insular Area](/usc/16/1802.md?p=35) adjacent to the [exclusive economic zone](/usc/16/1802.md?p=11) in which the [violation](/usc/16/620e.md?p=11) occurred, to be used for [fisheries](/usc/16/1802.md?p=13) enforcement and for implementation of a marine [conservation plan](/usc/16/2902.md?p=2) under [paragraph (4)](#e-4). In the case of [violations](/usc/16/620e.md?p=11) by foreign vessels occurring within the [exclusive economic zones](/usc/16/1802.md?p=11) off Midway Atoll, Johnston Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland, Baker, and Wake Islands, amounts received by the [Secretary](/usc/16/1802.md?p=39) attributable to fines and penalties imposed under this chapter, shall be deposited into the Western Pacific Sustainable [Fisheries](/usc/16/1802.md?p=13) [Fund](/usc/16/1421h.md?p=2) established under paragraph (7) of this subsection.

# §1825. Import prohibitions

- (a) **Determinations by Secretary of State—** If the Secretary of State determines that—
  - (1) he has been unable, within a reasonable period of time, to conclude with any foreign nation an [international fishery agreement](/usc/16/1802.md?p=24) allowing [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) equitable access to [fisheries](/usc/16/1802.md?p=13) over which that nation asserts exclusive [fishery](/usc/16/1802.md?p=13) management authority, including [fisheries](/usc/16/1802.md?p=13) for [tuna species](/usc/16/1802.md?p=44), as recognized by the [United States](/usc/16/1802.md?p=45), in accordance with [fishing](/usc/16/1802.md?p=16) activities of such vessels, if any, and under terms not more restrictive than those established under sections [1821(c)](/usc/16/1821.md?p=c) and [(d)](/usc/16/1821.md?p=d) and [1824(b)(7)](/usc/16/1824.md?p=b-7) and [(10)](/usc/16/1824.md?p=b-10) of this title, because such nation has (A) refused to commence negotiations, or (B) failed to negotiate in good faith;
  - (2) any foreign nation is not allowing [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) to engage in [fishing](/usc/16/1802.md?p=16) for [tuna species](/usc/16/1802.md?p=44) in accordance with an applicable [international fishery agreement](/usc/16/1802.md?p=24), whether or not such nation is a party thereto;
  - (3) any foreign nation is not complying with its obligations under any existing [international fishery agreement](/usc/16/1802.md?p=24) concerning [fishing](/usc/16/1802.md?p=16) by [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) in any [fishery](/usc/16/1802.md?p=13) over which that nation asserts exclusive [fishery](/usc/16/1802.md?p=13) management authority; or
  - (4) any [fishing vessel](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45), while [fishing](/usc/16/1802.md?p=16) in waters beyond any foreign nation’s territorial sea, to the extent that such sea is recognized by the [United States](/usc/16/1802.md?p=45), is seized by any foreign nation—
    - (A) in [violation](/usc/16/620e.md?p=11) of an applicable [international fishery agreement](/usc/16/1802.md?p=24);
    - (B) without authorization under an agreement between the [United States](/usc/16/1802.md?p=45) and such nation; or
    - (C) as a consequence of a claim of jurisdiction which is not recognized by the [United States](/usc/16/1802.md?p=45);

  he shall certify such determination to the [Secretary](/usc/16/1802.md?p=39) of the Treasury.

- (b) **Prohibitions—** Upon receipt of any certification from the Secretary of State under [subsection (a)](#a), the [Secretary](/usc/16/1802.md?p=39) of the Treasury shall immediately take such action as may be necessary and appropriate to prohibit the importation into the [United States](/usc/16/1802.md?p=45)—
  - (1) of all [fish and fish products](/usc/16/1826c.md?p=1) from the [fishery](/usc/16/1802.md?p=13) involved, if any; and
  - (2) upon recommendation of the Secretary of State, such other [fish](#d-1) or [fish products](#d-2), from any [fishery](/usc/16/1802.md?p=13) of the foreign nation concerned, which the Secretary of State finds to be appropriate to carry out the purposes of this section.
- (c) **Removal of prohibition—** If the Secretary of State finds that the reasons for the imposition of any [import](/usc/16/1802.md?p=22) prohibition under this section no longer prevail, the Secretary of State shall notify the [Secretary](/usc/16/1802.md?p=39) of the Treasury, who shall promptly remove such [import](/usc/16/1802.md?p=22) prohibition.
- (d) **Definitions—** As used in this section—
  - (1) The term “fish” includes any [highly migratory species](/usc/16/1802.md?p=21).
  - (2) The term “fish products” means any article which is produced from or composed of (in whole or in part) any [fish](#d-1).

# §1826. Large-scale driftnet fishing

- (a) **Short title—** This section incorporates and expands upon provisions of the [Driftnet](/usc/16/1371.md?p=a-2) Impact Monitoring, Assessment, and Control Act of 1987 and may be cited as the “Driftnet Act Amendments of 1990”.
- (b) **Findings—** The Congress finds that—
  - (1) the continued widespread use of large-scale [driftnets](/usc/16/1371.md?p=a-2) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation is a destructive [fishing](/usc/16/1802.md?p=16) practice that poses a threat to [living marine resources](#f) of the world’s oceans, including but not limited to the North and South Pacific Ocean and the Bering Sea;
  - (2) the use of large-scale [driftnets](/usc/16/1371.md?p=a-2) is expanding into new [regions](/usc/16/1447a.md?p=6) of the world’s oceans, including the Atlantic Ocean and Caribbean Sea;
  - (3) there is a pressing need for detailed and reliable information on the number of seabirds, sea turtles, nontarget [fish](/usc/16/1802.md?p=12), and marine mammals that become entangled and die in actively fished large-scale [driftnets](/usc/16/1371.md?p=a-2) and in large-scale [driftnets](/usc/16/1371.md?p=a-2) that are lost, abandoned, or discarded;
  - (4) increased efforts, including reliable [observer](/usc/16/1802.md?p=31) data and enforcement mechanisms, are needed to monitor, assess, control, and reduce the adverse impact of [large-scale driftnet fishing](/usc/16/1802.md?p=25) on [living marine resources](#f);
  - (5) the nations of the world have agreed in the United Nations, through General Assembly Resolution Numbered 44–225, approved December 22, 1989, by the General Assembly, that a moratorium should be imposed by June 30, 1992, on the use of large-scale [driftnets](/usc/16/1371.md?p=a-2) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation;
  - (6) the nations of the South Pacific have agreed to a moratorium on the use of large-scale [driftnets](/usc/16/1371.md?p=a-2) in the South Pacific through the Convention for the Prohibition of [Fishing](/usc/16/1802.md?p=16) with Long [Driftnets](/usc/16/1371.md?p=a-2) in the South Pacific, which was agreed to in Wellington, New Zealand, on November 29, 1989;
  - (7) increasing population pressures and new knowledge of the importance of [living marine resources](#f) to the health of the global ecosystem demand that greater responsibility be exercised by [persons](/usc/16/1802.md?p=36) [fishing](/usc/16/1802.md?p=16) or developing new [fisheries](/usc/16/1802.md?p=13) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation; and
  - (8) within the [exclusive economic zone](/usc/16/1802.md?p=11), [large-scale driftnet fishing](/usc/16/1802.md?p=25) that deploys nets with large mesh sizes causes significant entanglement and mortality of [living marine resources](#f), including myriad protected species, despite limitations on the lengths of such nets.
- (c) **Policy—** It is declared to be the policy of the Congress in this section that the [United States](/usc/16/1802.md?p=45) should—
  - (1) implement the moratorium called for by the United Nations General Assembly in Resolution Numbered 44–225;
  - (2) support the Tarawa Declaration and the Wellington Convention for the Prohibition of [Fishing](/usc/16/1802.md?p=16) with Long [Driftnets](/usc/16/1371.md?p=a-2) in the South Pacific;
  - (3) secure a permanent ban on the use of destructive [fishing](/usc/16/1802.md?p=16) practices, and in particular large-scale [driftnets](/usc/16/1371.md?p=a-2), by [persons](/usc/16/1802.md?p=36) or vessels [fishing](/usc/16/1802.md?p=16) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation; and
  - (4) prioritize the phase out of [large-scale driftnet fishing](/usc/16/1802.md?p=25) in the [exclusive economic zone](/usc/16/1802.md?p=11) and promote the development and adoption of alternative [fishing](/usc/16/1802.md?p=16) methods and gear types that minimize the incidental catch of [living marine resources](#f).
- (d) **International agreements—** The [Secretary](/usc/16/1802.md?p=39), through the Secretary of State and the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating, shall seek to secure international agreements to implement immediately the findings, policy, and provisions of this section, and in particular an international ban on [large-scale driftnet fishing](/usc/16/1802.md?p=25). The [Secretary](/usc/16/1802.md?p=39), through the Secretary of State, shall include, in any agreement which addresses the taking of [living marine resources](#f) of the [United States](/usc/16/1802.md?p=45), provisions to ensure that—
  - (1) each [large-scale driftnet fishing vessel](/usc/16/1826c.md?p=3) of a foreign nation that is party to the agreement, including vessels that may operate independently to develop new [fishing](/usc/16/1802.md?p=16) [areas](/usc/16/539m–1.md?p=1-A), which operate beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation, is included in such agreement;
  - (2) each [large-scale driftnet fishing vessel](/usc/16/1826c.md?p=3) of a foreign nation that is party to the agreement, which operates beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation, is equipped with satellite transmitters which provide real-time position information accessible to the [United States](/usc/16/1802.md?p=45);
  - (3) statistically reliable monitoring by the [United States](/usc/16/1802.md?p=45) is carried out, through the use of on-[board](/usc/16/1447a.md?p=1) [observers](/usc/16/1802.md?p=31) or through dedicated platforms provided by foreign nations that are parties to the agreement, of all target and nontarget [fish](/usc/16/1802.md?p=12) species, marine mammals, sea turtles, and sea birds entangled or killed by large-scale [driftnets](/usc/16/1371.md?p=a-2) used by [fishing vessels](/usc/16/1802.md?p=18) of foreign nations that are parties to the agreement;
  - (4) officials of the [United States](/usc/16/1802.md?p=45) have the right to [board](/usc/16/1447a.md?p=1) and inspect for [violations](/usc/16/620e.md?p=11) of the agreement any [large-scale driftnet fishing vessels](/usc/16/1826c.md?p=3) operating under the flag of a foreign nation that is party to the agreement at any time while such vessel is operating in designated [areas](/usc/16/539m–1.md?p=1-A) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation;
  - (5) all catch landed or transshipped at sea by [large-scale driftnet fishing vessels](/usc/16/1826c.md?p=3) of a foreign nation that is a party to the agreement, and which are operated beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation, is reliably monitored and documented;
  - (6) time and [area](/usc/16/539m–1.md?p=1-A) restrictions are imposed on the use of large-scale [driftnets](/usc/16/1371.md?p=a-2) in order to prevent interception of [anadromous species](/usc/16/1802.md?p=1);
  - (7) all large-scale [driftnets](/usc/16/1371.md?p=a-2) used are constructed, insofar as feasible, with biodegradable materials which break into segments that do not represent a threat to [living marine resources](#f);
  - (8) all large-scale [driftnets](/usc/16/1371.md?p=a-2) are marked at appropriate intervals in a manner that conclusively identifies the vessel and flag nation responsible for each such [driftnet](/usc/16/1371.md?p=a-2);
  - (9) the taking of nontarget [fish](/usc/16/1802.md?p=12) species, marine mammals, sea turtles, seabirds, and endangered species or other species protected by international agreements to which the [United States](/usc/16/1802.md?p=45) is a party is minimized and does not pose a threat to existing [fisheries](/usc/16/1802.md?p=13) or the long-term health of [living marine resources](#f); and
  - (10) definitive steps are agreed upon to ensure that parties to the agreement comply with the spirit of other international agreements and resolutions concerning the use of large-scale [driftnets](/usc/16/1371.md?p=a-2) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation.
- (e) **Effect on sovereign rights—** This section shall not serve or be construed to expand or diminish the sovereign rights of the [United States](/usc/16/1802.md?p=45), as stated by Presidential Proclamation Numbered 5030, dated March 10, 1983, and reflected in this chapter or other existing law.
- (f) **“Living marine resources” defined—** As used in this section, the term “living marine resources” includes [fish](/usc/16/1802.md?p=12), marine mammals, sea turtles, and seabirds and other waterfowl.
- (i) **[^1] Fishing gear transition program—**
  - (1) **In general—** During the 5-year period beginning on December 29, 2022, the [Secretary](/usc/16/1802.md?p=39) shall conduct a transition [program](/usc/16/460ss–6.md?p=1) to facilitate the phase-out of [large-scale driftnet fishing](/usc/16/1802.md?p=25) and adoption of alternative [fishing](/usc/16/1802.md?p=16) practices that minimize the incidental catch of [living marine resources](#f), and shall award grants to eligible permit holders who participate in the [program](/usc/16/460ss–6.md?p=1).
  - (2) **Permissible uses—** Any permit holder receiving a grant under [paragraph (1)](#i-1) may use such [funds](/usc/16/1421h.md?p=2) only for the purpose of covering—
    - (A) any fee originally associated with a permit authorizing participation in a large-scale [driftnet](/usc/16/1371.md?p=a-2) [fishery](/usc/16/1802.md?p=13), if such permit is surrendered for permanent revocation, and such permit holder relinquishes any claim associated with the permit;
    - (B) a forfeiture of [fishing](/usc/16/1802.md?p=16) gear associated with a permit described in [subparagraph (A)](#i-2-A); or
    - (C) the purchase of alternative gear with minimal incidental catch of [living marine resources](#f), if the [fishery](/usc/16/1802.md?p=13) participant is authorized to continue [fishing](/usc/16/1802.md?p=16) using such alternative gears.
  - (3) **Certification—** The [Secretary](/usc/16/1802.md?p=39) shall certify that, with respect to each participant in the [program](/usc/16/460ss–6.md?p=1) under this subsection, any permit authorizing participation in a large-scale [driftnet](/usc/16/1371.md?p=a-2) [fishery](/usc/16/1802.md?p=13) has been permanently revoked and that no new permits will be issued to authorize such [fishing](/usc/16/1802.md?p=16).

# §1826a. Denial of port privileges and sanctions for high seas large-scale driftnet fishing

- (a) **Denial of port privileges—**
  - (1) **Publication of list—** Not later than 30 days after November 2, 1992, and periodically thereafter, the [Secretary](/usc/16/1802.md?p=39) of Commerce, in consultation with the Secretary of State, shall publish a list of nations whose nationals or vessels conduct [large-scale driftnet fishing](/usc/16/1802.md?p=25) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation.
  - (2) **Denial of port privileges—** The [Secretary](/usc/16/1802.md?p=39) of Homeland Security shall, in accordance with international law—
    - (A) withhold or revoke the clearance required by [section 60105 of title 46](/usc/46/60105.md) for any [large-scale driftnet fishing vessel](/usc/16/1826c.md?p=3) of a nation that receives a negative certification under section [1826j(d)](/usc/16/1826j.md?p=d) or [1826k(c)](/usc/16/1826k.md?p=c) of this title, or [fishing vessels](/usc/16/1802.md?p=18) of a nation that has been listed pursuant to [section 1826j(b) of this title](/usc/16/1826j.md?p=b) or [section 1826k(a) of this title](/usc/16/1826k.md?p=a) in 2 or more consecutive reports for the same type of [fisheries](/usc/16/1802.md?p=13) activity, as described under [section 1826h of this title](/usc/16/1826h.md), until a positive certification has been received;
    - (B) withhold or revoke the clearance required by [section 60105 of title 46](/usc/46/60105.md) for [fishing vessels](/usc/16/1802.md?p=18) of a nation that has been listed pursuant to section [1826j(a)](/usc/16/1826j.md?p=a) or [1826k(a)](/usc/16/1826k.md?p=a) of this title in 2 or more consecutive reports as described under [section 1826h of this title](/usc/16/1826h.md); and
    - (C) deny entry of that vessel to any place in the [United States](/usc/16/1802.md?p=45) and to the navigable waters of the [United States](/usc/16/1802.md?p=45), except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action.
  - (3) **Notification of nation—** Before the publication of a list of nations under [paragraph (1)](#a-1), the Secretary of State shall notify each nation included on that list regarding—
    - (A) the effect of that publication on port privileges of vessels of that nation under [paragraph (1)](#a-1); and
    - (B) any sanctions or requirements, under this Act or any other law, that may be imposed on that nation if nationals or vessels of that nation continue to conduct [large-scale driftnet fishing](/usc/16/1802.md?p=25) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation after December 31, 1992.
- (b) **Sanctions—**
  - (1) **Identifications—**
    - (A) **Initial identifications—** Not later than January 10, 1993, the [Secretary](/usc/16/1802.md?p=39) of Commerce shall—
      - (i) identify each nation whose nationals or vessels are conducting [large-scale driftnet fishing](/usc/16/1802.md?p=25) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation; and
      - (ii) notify the President and that nation of the identification under [clause (i)](#b-1-A-i).
    - (B) **Additional identifications—** At any time after January 10, 1993, whenever the [Secretary](/usc/16/1802.md?p=39) of Commerce has reason to believe that the nationals or vessels of any nation are conducting [large-scale driftnet fishing](/usc/16/1802.md?p=25) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation, the [Secretary](/usc/16/1802.md?p=39) of Commerce shall—
      - (i) identify that nation; and
      - (ii) notify the President and that nation of the identification under [clause (i)](#b-1-B-i).
  - (2) **Consultations—** Not later than 30 days after a nation is identified under [paragraph (1)(B)](#b-1-B), the President shall enter into consultations with the government of that nation for the purpose of obtaining an agreement that will effect the immediate termination of [large-scale driftnet fishing](/usc/16/1802.md?p=25) by the nationals or vessels of that nation beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation.
  - (3) **Prohibition on imports of fish and fish products and sport fishing equipment—**
    - (A) **Prohibition—** The President—
      - (i) upon receipt of notification of the identification of a nation under [paragraph (1)(A)](#b-1-A) or a negative certification under [section 1826j(d) of this title](/usc/16/1826j.md?p=d) or [section 1826k(c) of this title](/usc/16/1826k.md?p=c); or
      - (ii) if the consultations with the government of a nation under [paragraph (2)](#b-2) are not satisfactorily concluded within ninety days, shall direct the [Secretary](/usc/16/1802.md?p=39) of the Treasury to prohibit the importation into the [United States](/usc/16/1802.md?p=45) of [fish and fish products](/usc/16/1826c.md?p=1) and sport [fishing](/usc/16/1802.md?p=16) equipment (as that term is defined in [section 4162 of title 26](/usc/26/4162.md)) from that nation.
    - (B) **Implementation of prohibition—** With respect to an [import](/usc/16/1802.md?p=22) prohibition directed under [subparagraph (A)](#b-3-A), the [Secretary](/usc/16/1802.md?p=39) of the Treasury shall implement such prohibition not later than the date that is forty-five days after the date on which the [Secretary](/usc/16/1802.md?p=39) has received the direction from the President.
    - (C) **Public notice of prohibition—** Before the effective date of any [import](/usc/16/1802.md?p=22) prohibition under this paragraph, the [Secretary](/usc/16/1802.md?p=39) of the Treasury shall provide public notice of the impending prohibition.
  - (4) **Additional economic sanctions—**
    - (A) **Determination of effectiveness of sanctions—** Not later than six months after the date the [Secretary](/usc/16/1802.md?p=39) of Commerce identifies a nation under [paragraph (1)](#b-1) or issues a negative certification under [section 1826j(d) of this title](/usc/16/1826j.md?p=d) or [section 1826k(c) of this title](/usc/16/1826k.md?p=c), the [Secretary](/usc/16/1802.md?p=39) shall determine whether—
      - (i) any prohibition established under [paragraph (3)](#b-3) is insufficient to cause that nation to terminate [large-scale driftnet fishing](/usc/16/1802.md?p=25) conducted by its nationals and vessels beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation, or to address the offending activities for which a nation received a negative certification under section [1826j(d)](/usc/16/1826j.md?p=d) or [1826k(c)](/usc/16/1826k.md?p=c) of this title; or
      - (ii) that nation has retaliated against the [United States](/usc/16/1802.md?p=45) as a result of that prohibition.
    - (B) **Certification—** The [Secretary](/usc/16/1802.md?p=39) of Commerce shall certify to the President each affirmative determination under [subparagraph (A)](#b-4-A) with respect to a nation.
    - (C) **Effect of certification—** Certification by the [Secretary](/usc/16/1802.md?p=39) of Commerce under [subparagraph (B)](#b-4-B) is deemed to be a certification under [section 1978(a) of title 22](/usc/22/1978.md?p=a).

# §1826b. Duration of denial of port privileges and sanctions


Any denial of port privileges or sanction under [section 1826a of this title](/usc/16/1826a.md) with respect to a nation shall remain in effect until such time as the [Secretary](/usc/16/1802.md?p=39) of Commerce certifies to the President and the Congress that such nation has terminated [large-scale driftnet fishing](/usc/16/1802.md?p=25) by its nationals and vessels beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation or effectively addressed the offending activities for which the nation received a negative certification under 1826j(d)[^1] or [1826k(c)](/usc/16/1826k.md?p=c) of this title.


# §1826c. Definitions


In [sections 1826a to 1826c](/usc/16/1826a..1826c.md) of this title, the following definitions apply:

- (1) **Fish and fish products—** The term “fish and fish products” means any aquatic species (including marine mammals and plants) and all products thereof exported from a nation, whether or not taken by [fishing vessels](/usc/16/1802.md?p=18) of that nation or packed, processed, or otherwise prepared for export in that nation or within the jurisdiction thereof.
- (2) **Large-scale driftnet fishing—**
  - (A) **In general—** Except as provided in [subparagraph (B)](#2-B), the term “[large-scale driftnet fishing](/usc/16/1802.md?p=25)” means a method of [fishing](/usc/16/1802.md?p=16) in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more is placed in the water and allowed to drift with the currents and winds for the purpose of entangling [fish](/usc/16/1802.md?p=12) in the webbing.
  - (B) **Exception—** Until January 1, 1994, the term “[large-scale driftnet fishing](/usc/16/1802.md?p=25)” does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by the European Community pursuant to the October 28, 1991, decision by the [Council](/usc/16/460mmm–1.md?p=2) of [Fisheries](/usc/16/1802.md?p=13) Ministers of the Community.
- (3) **Large-scale driftnet fishing vessel—** The term “large-scale driftnet fishing vessel” means any vessel which is—
  - (A) used for, equipped to be used for, or of a type which is normally used for [large-scale driftnet fishing](/usc/16/1802.md?p=25); or
  - (B) used for aiding or assisting one or more vessels at sea in the performance of [large-scale driftnet fishing](/usc/16/1802.md?p=25), including preparation, supply, storage, refrigeration, transportation, or processing.

# §1826d. Prohibition


The [United States](/usc/16/1802.md?p=45), or any agency or official acting on behalf of the [United States](/usc/16/1802.md?p=45), may not enter into any international agreement with respect to the [conservation and management](/usc/16/1802.md?p=5) of living marine [resources](/usc/16/410hhh–1.md?p=8) or the use of the [high seas](/usc/16/1802.md?p=20) by [fishing vessels](/usc/16/1802.md?p=18) that would prevent full implementation of the global moratorium on [large-scale driftnet fishing](/usc/16/1802.md?p=25) on the [high seas](/usc/16/1802.md?p=20), as such moratorium is expressed in Resolution 46/215 of the United Nations General Assembly.


# §1826e. Negotiations


The Secretary of State, on behalf of the [United States](/usc/16/1802.md?p=45), shall seek to enhance the implementation and effectiveness of the United Nations General Assembly resolutions and decisions regarding the moratorium on [large-scale driftnet fishing](/usc/16/1802.md?p=25) on the [high seas](/usc/16/1802.md?p=20) through appropriate international agreements and organizations.


# §1826f. Certification


The Secretary of State shall determine in writing prior to the signing or provisional application by the [United States](/usc/16/1802.md?p=45) of any international agreement with respect to the [conservation and management](/usc/16/1802.md?p=5) of living marine [resources](/usc/16/410hhh–1.md?p=8) or the use of the [high seas](/usc/16/1802.md?p=20) by [fishing vessels](/usc/16/1802.md?p=18) that the prohibition contained in [section 1826d of this title](/usc/16/1826d.md) will not be violated if such agreement is signed or provisionally applied.


# §1826g. Enforcement

- (a) **In general—** The [Secretary](/usc/16/1802.md?p=39) and the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating shall enforce this Act, and the Acts to which this section applies, in accordance with this section. Each such [Secretary](/usc/16/1802.md?p=39) may, by agreement, on a reimbursable basis or otherwise, utilize the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal agency, and of any [State](/usc/16/1802.md?p=40) agency, in the performance of such duties.
- (b) **Acts to which section applies—** This section applies to—
  - (1) the Pacific Salmon Treaty Act of 1985 ([16 U.S.C. 3631](/usc/16/3631.md) et seq.);
  - (2) the Dolphin Protection Consumer Information Act ([16 U.S.C. 1385](/usc/16/1385.md));
  - (3) the Tuna Conventions Act of 1950 ([16 U.S.C. 951](/usc/16/951.md) et seq.);
  - (4) the North Pacific Anadromous Stocks Act of 1992 ([16 U.S.C. 5001](/usc/16/5001.md) et seq.);
  - (5) the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 971](/usc/16/971.md) et seq.);
  - (6) the Northwest Atlantic [Fisheries](/usc/16/1802.md?p=13) Convention Act of 1995 ([16 U.S.C. 5601](/usc/16/5601.md) et seq.);
  - (7) the Western and Central Pacific [Fisheries](/usc/16/1802.md?p=13) Convention Implementation Act ([16 U.S.C. 6901](/usc/16/6901.md) et seq.);
  - (8) the Antigua Convention Implementing Act of 2015; and
  - (9) the Ensuring Access to Pacific Fisheries Act.
- (c) **Administration and enforcement—**
  - (1) **In general—** The [Secretary](/usc/16/1802.md?p=39) shall prevent any [person](/usc/16/1802.md?p=36) from violating this Act, or any Act to which this section applies, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though [sections 308 through 311](/usc/16/308..311.md) of the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1858](/usc/16/1858.md) through 1861) were incorporated into and made a part of and applicable to this Act and each such Act.
  - (2) **International cooperation—** The [Secretary](/usc/16/1802.md?p=39) may, subject to appropriations and in the course of carrying out the [Secretary](/usc/16/1802.md?p=39)’s responsibilities under the Acts to which this section applies, engage in international cooperation to help other nations combat illegal, unreported, and unregulated [fishing](/usc/16/1802.md?p=16) and achieve sustainable [fisheries](/usc/16/1802.md?p=13).
- (d) **Special rules—**
  - (1) **Additional enforcement authority—** In [addition](/usc/16/410r–5.md?p=c-2) to the powers of officers authorized pursuant to [subsection (c)](#c), any officer who is authorized by the [Secretary](/usc/16/1802.md?p=39), or the head of any Federal or [State](/usc/16/1802.md?p=40) agency that has entered into an agreement with the [Secretary](/usc/16/1802.md?p=39) under [subsection (a)](#a), may enforce the provisions of any Act to which this section applies, with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1861](/usc/16/1861.md)) were incorporated into and made a part of each such Act.
  - (2) **Disclosure of enforcement information—**
    - (A) **In general—** The [Secretary](/usc/16/1802.md?p=39), subject to the data confidentiality provisions in [section 402](/usc/16/402.md) of the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1881a](/usc/16/1881a.md)), may disclose, as necessary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1801](/usc/16/1801.md) et seq.) and the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 71](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s71)) et seq.) or the Western and Central Pacific [Fisheries](/usc/16/1802.md?p=13) Convention Implementation Act ([16 U.S.C. 6901](/usc/16/6901.md) et seq.) or other statutes implementing [international fishery agreements](/usc/16/1802.md?p=24), to any other Federal or [State](/usc/16/1802.md?p=40) government agency, the Food and Agriculture Organization of the United Nations, the secretariat or equivalent of an international [fishery](/usc/16/1802.md?p=13) management organization or arrangement made pursuant to an [international fishery agreement](/usc/16/1802.md?p=24), or a foreign government, if—
      - (i) such government, organization, or arrangement has policies and procedures to protect such information from unintended or unauthorized disclosure; and
      - (ii) such disclosure is necessary—
        - (I) to ensure compliance with any law or regulation enforced or administered by the [Secretary](/usc/16/1802.md?p=39);
        - (II) to administer or enforce any [international fishery agreement](/usc/16/1802.md?p=24) to which the [United States](/usc/16/1802.md?p=45) is a party;
        - (III) to administer or enforce a binding [conservation](/usc/16/6456.md?p=2) measure adopted by any international organization or arrangement to which the [United States](/usc/16/1802.md?p=45) is a party;
        - (IV) to assist in any investigative, judicial, or administrative enforcement proceeding in the [United States](/usc/16/1802.md?p=45); or
        - (V) to assist in any law enforcement action undertaken by a law enforcement agency of a foreign government, or in relation to a legal proceeding undertaken by a foreign government to the extent the enforcement action is consistent with rules and regulations of a regional [fisheries](/usc/16/1802.md?p=13) management organization (as that term is defined by the United Nation’s[^1] Food and Agriculture Organization Agreement on Port [State](/usc/16/1802.md?p=40) Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated [Fishing](/usc/16/1802.md?p=16)) of which the [United States](/usc/16/1802.md?p=45) is a member, or the [Secretary](/usc/16/1802.md?p=39) has determined that the enforcement action is consistent with the requirements under Federal law for enforcement actions with respect to illegal, unreported, and unregulated [fishing](/usc/16/1802.md?p=16).
    - (B) **Data confidentiality provisions not applicable—** The data confidentiality provisions of [section 402](/usc/16/402.md) of the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1881a](/usc/16/1881a.md)) shall not apply with respect to this Act with respect to—
      - (i) any obligation of the [United States](/usc/16/1802.md?p=45) to share information under a regional [fisheries](/usc/16/1802.md?p=13) management organization (as that term is defined by the United Nation’s[^1] Food and Agriculture Organization Agreement on Port [State](/usc/16/1802.md?p=40) Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated [Fishing](/usc/16/1802.md?p=16)) of which the [United States](/usc/16/1802.md?p=45) is a member; or
      - (ii) any information collected by the [Secretary](/usc/16/1802.md?p=39) regarding foreign vessels.
- (e) **Prohibited acts—** It is unlawful for any [person](/usc/16/1802.md?p=36)—
  - (1) to violate any provision of this Act or any regulation or permit issued pursuant to this Act;
  - (2) to refuse to permit any officer authorized to enforce the provisions of this Act to [board](/usc/16/1447a.md?p=1), search, or inspect a vessel, subject to such [person](/usc/16/1802.md?p=36)’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act, any regulation promulgated under this Act, or any Act to which this section applies;
  - (3) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such [authorized officer](/usc/16/973.md?p=2) in the conduct of any search, investigation, or inspection described in [paragraph (2)](#e-2);
  - (4) to resist a lawful arrest for any act prohibited by this section or any Act to which this section applies;
  - (5) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another [person](/usc/16/1802.md?p=36), knowing that such [person](/usc/16/1802.md?p=36) has committed any act prohibited by this section or any Act to which this section applies; or
  - (6) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with—
    - (A) any [observer](/usc/16/1802.md?p=31) on a vessel under this Act or any Act to which this section applies; or
    - (B) any data collector employed by the National Marine [Fisheries](/usc/16/1802.md?p=13) Service or under contract to any [person](/usc/16/1802.md?p=36) to carry out responsibilities under this Act or any Act to which this section applies.
- (f) **Civil penalty—** Any [person](/usc/16/1802.md?p=36) who commits any act that is unlawful under [subsection (e)](#e) shall be liable to the [United States](/usc/16/1802.md?p=45) for a civil penalty, and may be subject to a permit sanction, under section 308 of the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1858](/usc/16/1858.md)).
- (g) **Criminal penalty—** Any [person](/usc/16/1802.md?p=36) who commits an act that is unlawful under subsection [(e)(2)](#e-2), [(e)(3)](#e-3), [(e)(4)](#e-4), [(e)(5)](#e-5), or [(e)(6)](#e-6) is deemed to be guilty of an offense punishable under section 309(b) of the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1859(b)](/usc/16/1859.md?p=b)).
- (h) **Utilization of Federal agency assets—** The President shall utilize appropriate assets of the Department of Defense, the [United States](/usc/16/1802.md?p=45) Coast Guard, and other Federal agencies to detect, monitor, and prevent [violations](/usc/16/620e.md?p=11) of the United Nations moratorium on [large-scale driftnet fishing](/usc/16/1802.md?p=25) on the [high seas](/usc/16/1802.md?p=20) for all [fisheries](/usc/16/1802.md?p=13) under the jurisdiction of the [United States](/usc/16/1802.md?p=45) and, in the case of [fisheries](/usc/16/1802.md?p=13) not under the jurisdiction of the [United States](/usc/16/1802.md?p=45), to the fullest extent permitted under international law.

# §1826h. Biennial report on international compliance

- (a) **In general—** The [Secretary](/usc/16/1802.md?p=39), in consultation with the Secretary of State, shall provide to Congress, by not later than 2 years after January 12, 2007, and every 2 years thereafter, on June 1 of that year a report that includes—
  - (1) the [state](/usc/16/1802.md?p=40) of knowledge on the status of international living marine [resources](/usc/16/410hhh–1.md?p=8) shared by the [United States](/usc/16/1802.md?p=45) or subject to [treaties](/usc/16/1802.md?p=43) or agreements to which the [United States](/usc/16/1802.md?p=45) is a party, including a list of all such [fish](/usc/16/1802.md?p=12) stocks classified as [overfished](/usc/16/1802.md?p=34), overexploited, depleted, endangered, or threatened with extinction by any international or other authority charged with management or [conservation](/usc/16/6456.md?p=2) of living marine [resources](/usc/16/410hhh–1.md?p=8);
  - (2) a list of nations that have been identified under section [1826j(a)](/usc/16/1826j.md?p=a) or [1826k(a)](/usc/16/1826k.md?p=a) of this title, including the specific offending activities and any subsequent actions taken pursuant to section [1826j](/usc/16/1826j.md) or [1826k](/usc/16/1826k.md) of this title;
  - (3) a description of efforts taken by nations on those lists to comply take appropriate corrective action consistent with sections [1826j](/usc/16/1826j.md) and [1826k](/usc/16/1826k.md) of this title, and an evaluation of the progress of those efforts, including steps taken by the [United States](/usc/16/1802.md?p=45) to implement those sections and to improve international compliance;
  - (4) progress at the international level, consistent with [section 1826i of this title](/usc/16/1826i.md), to strengthen the efforts of international [fishery](/usc/16/1802.md?p=13) management organizations to end illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16); and
  - (5) steps taken by the [Secretary](/usc/16/1802.md?p=39) at the international level to adopt international measures comparable to those of the [United States](/usc/16/1802.md?p=45) to reduce impacts of [fishing](/usc/16/1802.md?p=16) and other practices on protected living marine [resources](/usc/16/410hhh–1.md?p=8), if no international agreement to achieve such goal exists, or if the relevant international [fishery](/usc/16/1802.md?p=13) or [conservation](/usc/16/6456.md?p=2) organization has failed to implement effective measures to end or reduce the adverse impacts of [fishing](/usc/16/1802.md?p=16) practices on such species.
- (b) **Additional information—** In [addition](/usc/16/410r–5.md?p=c-2) to the information described in [paragraphs (1) through (5)](#a-1..a-5) of subsection (a), the report shall include—
  - (1) a description of the actions taken to carry out the provisions of [section 1826 of this title](/usc/16/1826.md), including—
    - (A) an evaluation of the progress of those efforts, the impacts on living marine [resources](/usc/16/410hhh–1.md?p=8), including available [observer](/usc/16/1802.md?p=31) data, and specific plans for further action;
    - (B) a list and description of any new [fisheries](/usc/16/1802.md?p=13) developed by nations that conduct, or authorize their nationals to conduct, [large-scale driftnet fishing](/usc/16/1802.md?p=25) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation; and
    - (C) a list of the nations that conduct, or authorize their nationals to conduct, [large-scale driftnet fishing](/usc/16/1802.md?p=25) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation in a manner that diminishes the effectiveness of or is inconsistent with any international agreement governing [large-scale driftnet fishing](/usc/16/1802.md?p=25) to which the [United States](/usc/16/1802.md?p=45) is a party or otherwise subscribes; and
  - (2) a description of the actions taken to carry out the provisions of [section 1822(h) of this title](/usc/16/1822.md?p=h).
- (c) **Certification—** If, at any time, the [Secretary](/usc/16/1802.md?p=39), in consultation with the Secretary of State and the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating, identifies any nation that warrants inclusion in the list described under [subsection (b)(1)(C)](#b-1-C), due to large scale drift net [fishing](/usc/16/1802.md?p=16), the [Secretary](/usc/16/1802.md?p=39) shall certify that fact to the President. Such certification shall be deemed to be a certification for the purposes of [section 1978(a) of title 22](/usc/22/1978.md?p=a).

# §1826i. Action to strengthen international fishery management organizations

- (a) **In general—** The [Secretary](/usc/16/1802.md?p=39), in consultation with the Secretary of State, and in cooperation with relevant [fishery](/usc/16/1802.md?p=13) management [councils](/usc/16/5102.md?p=5) and any relevant [advisory committees](/usc/16/698u–1.md?p=1), shall take actions to improve the effectiveness of international [fishery](/usc/16/1802.md?p=13) management organizations, or arrangements made pursuant to an [international fishery agreement](/usc/16/1802.md?p=24), in conserving and managing [fish](/usc/16/1802.md?p=12) stocks under their jurisdiction. These actions shall include—
  - (1) urging international [fishery](/usc/16/1802.md?p=13) management organizations to which the [United States](/usc/16/1802.md?p=45) is a member—
    - (A) to incorporate multilateral market-related measures against member or nonmember governments whose vessels engage in illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16);
    - (B) to seek adoption of lists that identify [fishing vessels](/usc/16/1802.md?p=18) and vessel [owners](/usc/16/429b–3.md?p=4) engaged in illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16) that can be shared among all members and other international [fishery](/usc/16/1802.md?p=13) management organizations;
    - (C) to seek international adoption of a centralized vessel monitoring [system](/usc/16/668ee.md?p=14) in order to monitor and document capacity in fleets of all nations involved in [fishing](/usc/16/1802.md?p=16) in [areas](/usc/16/539m–1.md?p=1-A) under an international [fishery](/usc/16/1802.md?p=13) management organization’s jurisdiction;
    - (D) to increase use of [observers](/usc/16/1802.md?p=31) and technologies needed to monitor compliance with [conservation and management](/usc/16/1802.md?p=5) measures established by the organization, including vessel monitoring [systems](/usc/16/668ee.md?p=14) and automatic identification [systems](/usc/16/668ee.md?p=14);
    - (E) to seek adoption of stronger port [state](/usc/16/1802.md?p=40) controls in all nations, particularly those nations in whose ports vessels engaged in illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16) land or transship [fish](/usc/16/1802.md?p=12); and
    - (F) to adopt shark [conservation](/usc/16/6456.md?p=2) measures, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at sea;
  - (2) urging international [fishery](/usc/16/1802.md?p=13) management organizations to which the [United States](/usc/16/1802.md?p=45) is a member, as well as all members of those organizations, to adopt and expand the use of market-related measures to combat illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16), including—
    - (A) [import](/usc/16/1802.md?p=22) prohibitions, landing restrictions, or other market-based measures needed to enforce compliance with international [fishery](/usc/16/1802.md?p=13) management organization measures, such as quotas and catch limits;
    - (B) [import](/usc/16/1802.md?p=22) restrictions or other market-based measures to prevent the trade or importation of [fish](/usc/16/1802.md?p=12) caught by vessels identified multilaterally as engaging in illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16); and
    - (C) catch documentation and certification schemes to improve tracking and identification of catch of vessels engaged in illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16), including advance transmission of catch documents to ports of entry;
  - (3) seeking to enter into international agreements that require measures for the [conservation](/usc/16/6456.md?p=2) of sharks, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at sea, that are comparable to those of the [United States](/usc/16/1802.md?p=45), taking into account different conditions; and
  - (4) urging other nations at bilateral, regional, and international levels, including the Convention on International Trade in Endangered Species of Fauna and Flora and the World Trade Organization to take all steps necessary, consistent with international law, to adopt measures and policies that will prevent [fish](/usc/16/1802.md?p=12) or other living marine [resources](/usc/16/410hhh–1.md?p=8) harvested by vessels engaged in illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16) from being traded or imported into their nation or territories.
- (b) **Disclosure of information—**
  - (1) **In general—** The [Secretary](/usc/16/1802.md?p=39), subject to the data confidentiality provisions in [section 402](/usc/16/402.md) of the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1881a](/usc/16/1881a.md)) except as provided in [paragraph (2)](#b-2), may disclose, as necessary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1801](/usc/16/1801.md) et seq.) and the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 71](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s71)) et seq.), the Western and Central Pacific [Fisheries](/usc/16/1802.md?p=13) Convention Implementation Act ([16 U.S.C. 6901](/usc/16/6901.md) et seq.), any other statute implementing an [international fishery agreement](/usc/16/1802.md?p=24), to any other Federal or [State](/usc/16/1802.md?p=40) government agency, the Food and Agriculture Organization of the United Nations, or the secretariat or equivalent of an international [fishery](/usc/16/1802.md?p=13) management organization or arrangement made pursuant to an [international fishery agreement](/usc/16/1802.md?p=24), if such government, organization, or arrangement, respectively, has policies and procedures to protect such information from unintended or unauthorized disclosure.
  - (2) **Exceptions—** The data confidentiality provisions in [section 402](/usc/16/402.md) of the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1881a](/usc/16/1881a.md)) shall not apply with respect to this Act—
    - (A) for obligations of the [United States](/usc/16/1802.md?p=45) to share information under a regional [fisheries](/usc/16/1802.md?p=13) management organization (as that term is defined by the United Nation’s[^1] Food and Agriculture Organization Agreement on Port [State](/usc/16/1802.md?p=40) Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated [Fishing](/usc/16/1802.md?p=16)) of which the [United States](/usc/16/1802.md?p=45) is a member; or
    - (B) to any information collected by the [Secretary](/usc/16/1802.md?p=39) regarding foreign vessels.
- (c) **IUU vessel lists—** The [Secretary](/usc/16/1802.md?p=39) may—
  - (1) develop, maintain, and make public a list of vessels and vessel [owners](/usc/16/429b–3.md?p=4) engaged in illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16) or [fishing](/usc/16/1802.md?p=16)-related activities in support of illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16), including vessels or vessel [owners](/usc/16/429b–3.md?p=4) identified by an international [fishery](/usc/16/1802.md?p=13) management organization or arrangement made pursuant to an [international fishery agreement](/usc/16/1802.md?p=24), that—
    - (A) the [United States](/usc/16/1802.md?p=45) is party to; or
    - (B) the [United States](/usc/16/1802.md?p=45) is not party to, but whose procedures and criteria in developing and maintaining a list of such vessels and vessel [owners](/usc/16/429b–3.md?p=4) are substantially similar to such procedures and criteria adopted pursuant to an [international fishery agreement](/usc/16/1802.md?p=24) to which the [United States](/usc/16/1802.md?p=45) is a party; and
  - (2) take appropriate action against listed vessels and vessel [owners](/usc/16/429b–3.md?p=4), including action against [fish](/usc/16/1802.md?p=12), [fish](/usc/16/1802.md?p=12) parts, or [fish](/usc/16/1802.md?p=12) products from such vessels, in accordance with applicable [United States](/usc/16/1802.md?p=45) law and consistent with applicable international law, including principles, rights, and obligations established in applicable international [fishery](/usc/16/1802.md?p=13) management agreements and trade agreements.
- (d) **Regulations—** The [Secretary](/usc/16/1802.md?p=39) may promulgate regulations to implement this section.

# §1826j. Illegal, unreported, or unregulated fishing

- (a) **Identification—**
  - (1) **Identification for actions of fishing vessels—** The [Secretary](/usc/16/1802.md?p=39) shall, based on a cumulative compilation and analysis of data collected and provided by international [fishery](/usc/16/1802.md?p=13) management organizations and other nations and organizations, identify, and list in the report under [section 1826h of this title](/usc/16/1826h.md), a nation if any [fishing vessel](/usc/16/1802.md?p=18) of that nation is engaged, or has been engaged at any point during the preceding 3 years, in [illegal, unreported, or unregulated fishing](#e-1)—
    - (A) that undermines the effectiveness of measures required by an international [fishery](/usc/16/1802.md?p=13) management organization, taking into account whether the relevant international [fishery](/usc/16/1802.md?p=13) management organization has failed to implement effective measures to end the [illegal, unreported, or unregulated fishing](#e-1) activity by that nation or the nation is not a party to, or does not maintain cooperating status with, such organization; or
    - (B) where no international [fishery](/usc/16/1802.md?p=13) management organization exists with a mandate to regulate the [fishing](/usc/16/1802.md?p=16) activity in question.
  - (2) **For actions of a nation—** The [Secretary](/usc/16/1802.md?p=39) shall identify, and list in such report, a nation engaging in or endorsing [illegal, unreported, or unregulated fishing](#e-1). In determining which nations to list in such report, the [Secretary](/usc/16/1802.md?p=39) shall consider the following:
    - (A) Any nation that is violating, or has violated at any point during the 3 years preceding the date of the determination, [conservation and management](/usc/16/1802.md?p=5) measures, including catch and other data reporting obligations and requirements, required under an international [fishery](/usc/16/1802.md?p=13) management agreement to which the [United States](/usc/16/1802.md?p=45) is a party.
    - (B) Any nation that is failing, or has failed in the 3-year period preceding the date of the determination, to effectively address or regulate [illegal, unreported, or unregulated fishing](#e-1) within its fleets in any [areas](/usc/16/539m–1.md?p=1-A) where its vessels are [fishing](/usc/16/1802.md?p=16).
    - (C) Any nation that fails to discharge duties incumbent upon it under international law or practice as a flag, port, or [coastal state](/usc/16/1468.md?p=a-2) to take action to prevent, deter, and eliminate [illegal, unreported, or unregulated fishing](#e-1).
    - (D) Any nation that has been identified as producing for export to the [United States](/usc/16/1802.md?p=45) seafood-related goods through forced labor or oppressive child labor (as those terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022) in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 ([22 U.S.C. 7101](/usc/22/7101.md) et seq.).
  - (3) **Application to other entities—** Where the provisions of this Act are applicable to nations, they shall also be applicable, as appropriate, to other entities that have competency to enter into international [fishery](/usc/16/1802.md?p=13) management agreements.
  - (4) **Timing—** The [Secretary](/usc/16/1802.md?p=39) shall make an identification under paragraph [(1)](#a-1) or [(2)](#a-2) at any time that the [Secretary](/usc/16/1802.md?p=39) has sufficient information to make such identification.
- (b) **Notification—** The [Secretary](/usc/16/1802.md?p=39) shall notify the President and that nation of such an identification.
- (c) **Consultation—** No later than 60 days after submitting a report to Congress under [section 1826h of this title](/usc/16/1826h.md), the [Secretary](/usc/16/1802.md?p=39), acting through the Secretary of State, shall—
  - (1) notify nations listed in the report of the requirements of this section;
  - (2) initiate consultations for the purpose of encouraging such nations to take the appropriate corrective action with respect to the offending activities of their [fishing vessels](/usc/16/1802.md?p=18) identified in the report; and
  - (3) notify any relevant international [fishery](/usc/16/1802.md?p=13) management organization of the actions taken by the [United States](/usc/16/1802.md?p=45) under this section.
- (d) **IUU certification procedure—**
  - (1) **Certification—** The [Secretary](/usc/16/1802.md?p=39) shall establish a procedure, consistent with the provisions of subchapter II of [chapter 5](/usc/5/chptI-ch5.md) of title 5, for determining if a nation identified under [subsection (a)](#a) and listed in the report under [section 1826h of this title](/usc/16/1826h.md) has taken appropriate corrective action with respect to the offending activities identified in the report under [section 1826h of this title](/usc/16/1826h.md). The certification procedure shall provide for notice and an opportunity for comment by any such nation. The [Secretary](/usc/16/1802.md?p=39) shall determine, on the basis of the procedure, and certify to the Congress no later than 90 days after the date on which the [Secretary](/usc/16/1802.md?p=39) promulgates a final rule containing the procedure, and biennially thereafter in the report under [section 1826h of this title](/usc/16/1826h.md)—
    - (A) whether the government of each nation identified under [subsection (a)](#a) has provided documentary evidence that it has taken corrective action with respect to the offending activities identified in the report; or
    - (B) whether the relevant international [fishery](/usc/16/1802.md?p=13) management organization has implemented measures that are effective in ending the [illegal, unreported, or unregulated fishing](#e-1) activity by vessels of that nation.
  - (2) **Alternative procedure—** The [Secretary](/usc/16/1802.md?p=39) may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the importation of [fish](/usc/16/1802.md?p=12) or [fish](/usc/16/1802.md?p=12) products from a vessel of a nation issued a negative certification under [paragraph (1)](#d-1) if the [Secretary](/usc/16/1802.md?p=39) determines that—
    - (A) the vessel has not engaged in [illegal, unreported, or unregulated fishing](#e-1) under an international [fishery](/usc/16/1802.md?p=13) management agreement to which the [United States](/usc/16/1802.md?p=45) is a party; or
    - (B) the vessel is not identified by an international [fishery](/usc/16/1802.md?p=13) management organization as participating in [illegal, unreported, or unregulated fishing](#e-1) activities.
  - (3) **Effect of certification determination—**
    - (A) **Effect of negative certification—** The provisions of [subsection (a)](#a) and paragraphs (3) and (4) of subsection (b) of [section 1826a of this title](/usc/16/1826a.md) shall apply to any nation that, after being identified and notified under [subsection (b)](#b) has failed to take the appropriate corrective actions for which the [Secretary](/usc/16/1802.md?p=39) has issued a negative certification under this subsection.
    - (B) **Effect of positive certification—** The provisions of [subsection (a)](#a) and paragraphs (3) and (4) of subsection (b) of [section 1826a of this title](/usc/16/1826a.md) shall not apply to any nation identified under [subsection (a)](#a) for which the [Secretary](/usc/16/1802.md?p=39) has issued a positive certification under this subsection.
- (e) **Illegal, unreported, or unregulated fishing defined—**
  - (1) **In general—** In this Act the term “illegal, unreported, or unregulated fishing” has the meaning established under [paragraph (2)](#e-2).
  - (2) **Secretary to define term within legislative guidelines—** Within 3 months after January 12, 2007, the [Secretary](/usc/16/1802.md?p=39) shall publish a definition of the term “[illegal, unreported, or unregulated fishing](#e-1)” for purposes of this Act.
  - (3) **Guidelines—** The [Secretary](/usc/16/1802.md?p=39) shall include in the definition, at a minimum—
    - (A) [fishing](/usc/16/1802.md?p=16) activities that violate [conservation and management](/usc/16/1802.md?p=5) measures required under an international [fishery](/usc/16/1802.md?p=13) management agreement to which the [United States](/usc/16/1802.md?p=45) is a party, including catch limits or quotas, capacity restrictions, [bycatch](/usc/16/1802.md?p=2) reduction requirements, and shark [conservation](/usc/16/6456.md?p=2) measures;
    - (B) [overfishing](/usc/16/1802.md?p=34) of [fish](/usc/16/1802.md?p=12) stocks shared by the [United States](/usc/16/1802.md?p=45), for which there are no applicable international [conservation](/usc/16/6456.md?p=2) or management measures or in [areas](/usc/16/539m–1.md?p=1-A) with no applicable international [fishery](/usc/16/1802.md?p=13) management organization or agreement, that has adverse impacts on such stocks; and
    - (C) [fishing](/usc/16/1802.md?p=16) activity that has an adverse impact on seamounts, hydrothermal vents, and cold water [corals](/usc/16/6456.md?p=2) located beyond national jurisdiction, for which there are no applicable [conservation](/usc/16/6456.md?p=2) or management measures or in [areas](/usc/16/539m–1.md?p=1-A) with no applicable international [fishery](/usc/16/1802.md?p=13) management organization or agreement.
- (f) **Authorization of appropriations—** There are authorized to be appropriated to the [Secretary](/usc/16/1802.md?p=39) for fiscal years 2007 through 2013 such sums as are necessary to carry out this section.

# §1826k. Equivalent conservation measures

- (a) **Identification—**
  - (1) **In general—** The [Secretary](/usc/16/1802.md?p=39) shall identify and list in the report under [section 1826h of this title](/usc/16/1826h.md)—
    - (A) a nation if—
      - (i) any [fishing vessel](/usc/16/1802.md?p=18) of that nation is engaged, or has been engaged during the 3 years preceding the date of the determination, in [fishing](/usc/16/1802.md?p=16) activities or practices on the [high seas](/usc/16/1802.md?p=20) or within the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation, that have resulted in [bycatch](/usc/16/1802.md?p=2) of a [protected living marine resource](#e); and
      - (ii) the vessel’s flag [state](/usc/16/1802.md?p=40) has not adopted, implemented, and enforced a regulatory [program](/usc/16/460ss–6.md?p=1) governing such [fishing](/usc/16/1802.md?p=16) designed to end or reduce such [bycatch](/usc/16/1802.md?p=2) that is comparable in effectiveness to the regulatory [program](/usc/16/460ss–6.md?p=1) of the [United States](/usc/16/1802.md?p=45), taking into account differing conditions; and
    - (B) a nation if—
      - (i) any [fishing vessel](/usc/16/1802.md?p=18) of that nation is engaged, or has engaged during the 3 years preceding the date of the determination, in [fishing](/usc/16/1802.md?p=16) activities on the [high seas](/usc/16/1802.md?p=20) or within the [exclusive economic zone](/usc/16/1802.md?p=11) of another nation that target or incidentally catch sharks; and
      - (ii) the vessel’s flag [state](/usc/16/1802.md?p=40) has not adopted, implemented, and enforced a regulatory [program](/usc/16/460ss–6.md?p=1) to provide for the [conservation](/usc/16/6456.md?p=2) of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port, that is comparable to that of the [United States](/usc/16/1802.md?p=45).
  - (2) **Timing—** The [Secretary](/usc/16/1802.md?p=39) shall make an identification under [paragraph (1)](#a-1) at any time that the [Secretary](/usc/16/1802.md?p=39) has sufficient information to make such identification.
- (b) **Consultation and negotiation—** The Secretary of State, acting in consultation with the [Secretary](/usc/16/1802.md?p=39), shall—
  - (1) notify, as soon as practicable, the President and nations that are engaged in, or that have any [fishing vessels](/usc/16/1802.md?p=18) engaged in, [fishing](/usc/16/1802.md?p=16) activities or practices described in [subsection (a)](#a), about the provisions of this Act;
  - (2) initiate discussions as soon as practicable with all foreign nations that are engaged in, or a [fishing vessel](/usc/16/1802.md?p=18) of which has engaged in, [fishing](/usc/16/1802.md?p=16) activities described in [subsection (a)](#a), for the purpose of entering into bilateral and multilateral [treaties](/usc/16/1802.md?p=43) with such nations to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act; and
  - (3) initiate the amendment of any existing international [treaty](/usc/16/1802.md?p=43) for the protection and [conservation](/usc/16/6456.md?p=2) of such species to which the [United States](/usc/16/1802.md?p=45) is a party in order to make such [treaty](/usc/16/1802.md?p=43) consistent with the purposes and policies of this section.
- (c) **Conservation certification procedure—**
  - (1) **Determination—** The [Secretary](/usc/16/1802.md?p=39) shall establish a procedure consistent with the provisions of subchapter II of [chapter 5](/usc/5/chptI-ch5.md) of title 5 for determining whether the government of a harvesting nation identified under [subsection (a)](#a) and listed in the report under [section 1826h of this title](/usc/16/1826h.md)—
    - (A) has provided documentary evidence of the adoption of a regulatory [program](/usc/16/460ss–6.md?p=1) governing the [conservation](/usc/16/6456.md?p=2) of the [protected living marine resource](#e) that is comparable to that of the [United States](/usc/16/1802.md?p=45), taking into account different conditions, and which, in the case of pelagic longline [fishing](/usc/16/1802.md?p=16), includes mandatory use of circle hooks, careful handling and release equipment, and training and [observer](/usc/16/1802.md?p=31) [programs](/usc/16/460ss–6.md?p=1); and
    - (B) has established a [management plan](/usc/16/460mmm–1.md?p=3) containing requirements that will assist in gathering species-specific data to support international stock assessments and [conservation](/usc/16/6456.md?p=2) enforcement efforts for [protected living marine resources](#e).
  - (2) **Procedural requirement—** The procedure established by the [Secretary](/usc/16/1802.md?p=39) under [paragraph (1)](#c-1) shall include notice and opportunity for comment by the public and any such nation.
  - (3) **Certification—** The [Secretary](/usc/16/1802.md?p=39) shall certify to the Congress by January 31, 2007, and biennially thereafter whether each such nation has provided the documentary evidence described in [paragraph (1)(A)](#c-1-A) and established a [management plan](/usc/16/460mmm–1.md?p=3) described in [paragraph (1)(B)](#c-1-B).
  - (4) **Alternative procedure—** The [Secretary](/usc/16/1802.md?p=39) may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the importation of [fish](/usc/16/1802.md?p=12) or [fish](/usc/16/1802.md?p=12) products from a vessel of a nation issued a negative certification under [paragraph (1)](#c-1) if the [Secretary](/usc/16/1802.md?p=39) determines that such [imports](/usc/16/1802.md?p=22) were harvested by practices that do not result in [bycatch](/usc/16/1802.md?p=2) of a protected marine species, or were harvested by practices that—
    - (A) are comparable to those of the [United States](/usc/16/1802.md?p=45), taking into account different conditions; and
    - (B) include the gathering of species specific data that can be used to support international and regional stock assessments and [conservation](/usc/16/6456.md?p=2) efforts for [protected living marine resources](#e).
  - (5) **Effect of certification—** The provisions of [section 1826a(a)](/usc/16/1826a.md?p=a) and section [1826a(b)(3)](/usc/16/1826a.md?p=b-3) and [(4)](/usc/16/1826a.md?p=b-4) of this title shall apply to any nation identified under [subsection (a)](#a) for which the [Secretary](/usc/16/1802.md?p=39) has issued a negative certification under this subsection, but shall not apply to any nation identified under [subsection (a)](#a) for which the [Secretary](/usc/16/1802.md?p=39) has issued a positive certification under this subsection.
- (d) **International cooperation and assistance—** To the greatest extent possible consistent with existing authority and the availability of [funds](/usc/16/1421h.md?p=2), the [Secretary](/usc/16/1802.md?p=39) shall—
  - (1) provide appropriate assistance to nations identified by the [Secretary](/usc/16/1802.md?p=39) under [subsection (a)](#a) and international organizations of which those nations are members to assist those nations in qualifying for certification under [subsection (c)](#c);
  - (2) undertake, where appropriate, cooperative research activities on species statistics and improved harvesting techniques, with those nations or organizations;
  - (3) encourage and facilitate the transfer of appropriate technology to those nations or organizations to assist those nations in qualifying for certification under [subsection (c)](#c); and
  - (4) provide assistance to those nations or organizations in designing and implementing appropriate [fish](/usc/16/1802.md?p=12) harvesting plans.
- (e) **Protected living marine resource defined—** In this section the term “protected living marine resource”—
  - (1) except as provided in [paragraph (2)](#e-2), means nontarget [fish](/usc/16/1802.md?p=12), sea turtles, or marine mammals that are protected under [United States](/usc/16/1802.md?p=45) law or international agreement, including—
    - (A) the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](/usc/16/1361.md) et seq.);
    - (B) the Endangered Species Act of 1973 ([16 U.S.C. 1531](/usc/16/1531.md) et seq.);
    - (C) the Shark Finning Prohibition Act ([16 U.S.C. 1822](/usc/16/1822.md) note); and
    - (D) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249); but
  - (2) does not include species, except sharks, managed under the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act [[16 U.S.C. 1801](/usc/16/1801.md) et seq.], the Atlantic Tunas Convention Act [[16 U.S.C. 971](/usc/16/971.md) et seq.], or any international [fishery](/usc/16/1802.md?p=13) management agreement.
- (f) **Authorization of appropriations—** There are authorized to be appropriated to the [Secretary](/usc/16/1802.md?p=39) for fiscal years 2007 through 2013 such sums as are necessary to carry out this section.

# §1827. Observer program regarding certain foreign fishing

- (a) **Definitions—** As used in this section—
  - (1) The term “Act of 1976” means the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1801](/usc/16/1801.md) et seq.).
  - (2) The term “billfish” means any species of marlin, spearfish, sailfish or swordfish.
  - (3) The term “Secretary” means the Secretary of Commerce.
- (b) **Observer program—** The [Secretary](#a-3) shall establish a [program](/usc/16/460ss–6.md?p=1) under which a [United States](/usc/16/1802.md?p=45) [observer](/usc/16/1802.md?p=31) will be stationed aboard each [foreign fishing](/usc/16/1802.md?p=19) vessel while that vessel—
  - (1) is in waters that are within—
    - (A) the [fishery conservation zone](/usc/16/773.md?p=c) established under section 101 of the [Act of 1976](#a-1) [[16 U.S.C. 1811](/usc/16/1811.md)],[^1] and
    - (B) the Convention [area](/usc/16/539m–1.md?p=1-A) as defined in Article I of the International Convention for the [Conservation](/usc/16/6456.md?p=2) of Atlantic Tunas; and
  - (2) is taking or attempting to take any species of [fish](/usc/16/1802.md?p=12) if such taking or attempting to take may result in the incidental taking of [billfish](#a-2).

  The [Secretary](#a-3) may [acquire](/usc/16/620e.md?p=1) [observers](/usc/16/1802.md?p=31) for such [program](/usc/16/460ss–6.md?p=1) through contract with qualified private [persons](/usc/16/1802.md?p=36).

- (c) **Functions of observers—** [United States](/usc/16/1802.md?p=45) [observers](/usc/16/1802.md?p=31), while aboard [foreign fishing](/usc/16/1802.md?p=19) vessels as required under [subsection (b)](#b), shall carry out such scientific and other functions as the [Secretary](#a-3) deems necessary or appropriate to carry out this section.
- (d) **Fees—** There is imposed for each year after 1980 on the [owner](/usc/16/429b–3.md?p=4) or operator of each [foreign fishing](/usc/16/1802.md?p=19) vessel that, in the judgment of the [Secretary](#a-3), will engage in [fishing](/usc/16/1802.md?p=16) in waters described in [subsection (b)(1)](#b-1) during that year which may result in the incidental taking of [billfish](#a-2) a fee in an amount sufficient to cover all of the costs of providing an [observer](/usc/16/1802.md?p=31) aboard that vessel under the [program](/usc/16/460ss–6.md?p=1) established under [subsection (a)](#a). The fees imposed under this subsection for any year shall be paid to the [Secretary](#a-3) before that year begins. All fees collected by the [Secretary](#a-3) under this subsection shall be deposited in the [Fund](/usc/16/1421h.md?p=2) established by [subsection (e)](#e).
- (e) **Fund—** There is established in the Treasury of the [United States](/usc/16/1802.md?p=45) the [Foreign Fishing](/usc/16/1802.md?p=19) [Observer](/usc/16/1802.md?p=31) [Fund](/usc/16/1421h.md?p=2). The [Fund](/usc/16/1421h.md?p=2) shall be available to the [Secretary](#a-3) as a revolving [fund](/usc/16/1421h.md?p=2) for the purpose of carrying out this section. The [Fund](/usc/16/1421h.md?p=2) shall consist of the fees deposited into it as required under [subsection (d)](#d). All payments made by the [Secretary](#a-3) to carry out this section shall be paid from the [Fund](/usc/16/1421h.md?p=2), only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the [Fund](/usc/16/1421h.md?p=2) which are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the [United States](/usc/16/1802.md?p=45).
- (f) **Prohibited acts—**
  - (1) It is unlawful for any [person](/usc/16/1802.md?p=36) who is the [owner](/usc/16/429b–3.md?p=4) or operator of a [foreign fishing](/usc/16/1802.md?p=19) vessel to which this section applies—
    - (A) to violate any regulation issued under [subsection (g)](#g);
    - (B) to refuse to pay the fee imposed under [subsection (d)](#d) after being requested to do so by the [Secretary](#a-3); or
    - (C) to refuse to permit an individual who is authorized to act as an [observer](/usc/16/1802.md?p=31) under this section with respect to that vessel to [board](/usc/16/1447a.md?p=1) the vessel for purposes of carrying out [observer](/usc/16/1802.md?p=31) functions.
  - (2) Section 308 of the [Act of 1976](#a-1) [[16 U.S.C. 1858](/usc/16/1858.md)] (relating to civil penalties) applies to any act that is unlawful under [paragraph (1)](#f-1), and for purposes of such application the [commission](/usc/16/410cc–1.md?p=3) of any such act shall be treated as an act the [commission](/usc/16/410cc–1.md?p=3) of which is unlawful under section 307 of the [Act of 1976](#a-1) [[16 U.S.C. 1857](/usc/16/1857.md)].
- (g) **Regulations—** The [Secretary](#a-3) shall issue such regulations as are necessary or appropriate to carry out this section.

# §1827a. Prohibition on sale of billfish

- (a) **Prohibition—** No [person](/usc/16/1802.md?p=36) shall offer for sale, sell, or have custody, control, or possession of for purposes of offering for sale or selling [billfish](#d) or products containing [billfish](#d).
- (b) **Penalty—** For purposes of [section 1858(a) of this title](/usc/16/1858.md?p=a), a [violation](/usc/16/620e.md?p=11) of this section shall be treated as an act prohibited by [section 1857 of this title](/usc/16/1857.md).
- (c) **Exemptions for traditional fisheries and markets—**
  - (1) [Subsection (a)](#a) does not apply to [billfish](#d) caught by US [fishing vessels](/usc/16/1802.md?p=18) and landed and retained in the [State](/usc/16/1802.md?p=40) of Hawaii or [Pacific Insular Areas](/usc/16/1802.md?p=35) as defined in [section 1802(35) of this title](/usc/16/1802.md?p=35).
  - (2) [Subsection (a)](#a) does not apply to [billfish](#d) landed by [foreign fishing](/usc/16/1802.md?p=19) vessels in the [Pacific Insular Areas](/usc/16/1802.md?p=35) when the foreign caught [billfish](#d) is exported to non-US markets or retained within Hawaii and the [Pacific Insular Areas](/usc/16/1802.md?p=35) for local consumption.
- (d) **Billfish defined—** In this section the term “billfish”—
  - (1) means any [fish](/usc/16/1802.md?p=12) of the species—
    - (A) Makaira nigricans (blue marlin);
    - (B) Kajikia audax (striped marlin);
    - (C) Istiompax indica (black marlin);
    - (D) Istiophorus platypterus (sailfish);
    - (E) Tetrapturus angustirostris (shortbill spearfish);
    - (F) Kajikia albida (white marlin);
    - (G) Tetrapturus georgii (roundscale spearfish);
    - (H) Tetrapturus belone (Mediterranean spearfish); and
    - (I) Tetrapturus pfluegeri (longbill spearfish); and
  - (2) does not include the species Xiphias gladius (swordfish).

# §1828. Foreign fishing incursions

- (a) **In general—** Not later than 180 days after July 11, 2006, the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating shall provide to the [Committee](/usc/16/941b.md?p=1) on Commerce, Science, and Transportation of the Senate and the [Committee](/usc/16/941b.md?p=1) on Transportation and Infrastructure of the House of [Representatives](/usc/16/5609.md?p=13) a report on steps that the Coast Guard will take to significantly improve the Coast Guard’s detection and interdiction of illegal incursions into the [United States](/usc/16/1802.md?p=45) [exclusive economic zone](/usc/16/1802.md?p=11) by [foreign fishing](/usc/16/1802.md?p=19) vessels.
- (b) **Specific issues to be addressed—** The report shall—
  - (1) focus on [areas](/usc/16/539m–1.md?p=1-A) in the [exclusive economic zone](/usc/16/1802.md?p=11) where the Coast Guard has failed to detect or interdict such incursions in the 4-fiscal-year period beginning with fiscal year 2000, including such [areas](/usc/16/539m–1.md?p=1-A) in the Western/Central Pacific and the Bering Sea; and
  - (2) include an evaluation of the potential use of unmanned aircraft and offshore platforms for detecting or interdicting such incursions.
- (c) **Biennial updates—** The [Secretary](/usc/16/1802.md?p=39) shall provide biannual reports updating the Coast Guard’s progress in detecting or interdicting such incursions to the [Committee](/usc/16/941b.md?p=1) on Commerce, Science, and Transportation of the Senate and the [Committee](/usc/16/941b.md?p=1) on Transportation and Infrastructure of the House of [Representatives](/usc/16/5609.md?p=13).

# §1829. International monitoring and compliance

- (a) **In general—** The [Secretary](/usc/16/1802.md?p=39) may undertake activities to promote improved monitoring and compliance for [high seas](/usc/16/1802.md?p=20) [fisheries](/usc/16/1802.md?p=13), or [fisheries](/usc/16/1802.md?p=13) governed by international [fishery](/usc/16/1802.md?p=13) management agreements, and to implement the requirements of this subchapter.
- (b) **Specific authorities—** In carrying out [subsection (a)](#a), the [Secretary](/usc/16/1802.md?p=39) may—
  - (1) share information on harvesting and processing capacity and illegal, unreported and unregulated [fishing](/usc/16/1802.md?p=16) on the [high seas](/usc/16/1802.md?p=20), in [areas](/usc/16/539m–1.md?p=1-A) covered by international [fishery](/usc/16/1802.md?p=13) management agreements, and by vessels of other nations within the [United States](/usc/16/1802.md?p=45) [exclusive economic zone](/usc/16/1802.md?p=11), with relevant law enforcement organizations of foreign nations and relevant international organizations;
  - (2) further develop real time information sharing capabilities, particularly on harvesting and processing capacity and illegal, unreported and unregulated [fishing](/usc/16/1802.md?p=16);
  - (3) participate in global and regional efforts to build an international network for monitoring, control, and surveillance of [high seas](/usc/16/1802.md?p=20) [fishing](/usc/16/1802.md?p=16) and [fishing](/usc/16/1802.md?p=16) under regional or global agreements;
  - (4) support efforts to create an international registry or database of [fishing vessels](/usc/16/1802.md?p=18), including by building on or enhancing registries developed by international [fishery](/usc/16/1802.md?p=13) management organizations;
  - (5) enhance enforcement capabilities through the application of commercial or governmental remote sensing technology to locate or identify vessels engaged in illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16) on the [high seas](/usc/16/1802.md?p=20), including encroachments into the [exclusive economic zone](/usc/16/1802.md?p=11) by [fishing vessels](/usc/16/1802.md?p=18) of other nations;
  - (6) provide technical or other assistance to developing countries to improve their monitoring, control, and surveillance capabilities; and
  - (7) support coordinated international efforts to ensure that all large-scale [fishing vessels](/usc/16/1802.md?p=18) operating on the [high seas](/usc/16/1802.md?p=20) are required by their flag [State](/usc/16/1802.md?p=40) to be fitted with vessel monitoring [systems](/usc/16/668ee.md?p=14) no later than December 31, 2008, or earlier if so decided by the relevant flag [State](/usc/16/1802.md?p=40) or any relevant international [fishery](/usc/16/1802.md?p=13) management organization.

# §1851. National standards for fishery conservation and management

- (a) **In general—** Any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) prepared, and any regulation promulgated to implement any such plan, pursuant to this subchapter shall be consistent with the following [national standards](/usc/16/1802.md?p=30) for [fishery](/usc/16/1802.md?p=13) [conservation and management](/usc/16/1802.md?p=5):
  - (1) [Conservation and management](/usc/16/1802.md?p=5) measures shall prevent [overfishing](/usc/16/1802.md?p=34) while achieving, on a continuing basis, the [optimum](/usc/16/1802.md?p=33) yield from each [fishery](/usc/16/1802.md?p=13) for the [United States](/usc/16/1802.md?p=45) [fishing](/usc/16/1802.md?p=16) industry.
  - (2) [Conservation and management](/usc/16/1802.md?p=5) measures shall be based upon the best scientific information available.
  - (3) To the extent practicable, an individual [stock of fish](/usc/16/1802.md?p=42) shall be managed as a [unit](/usc/16/430f–7.md?p=4) throughout its range, and interrelated stocks of [fish](/usc/16/1802.md?p=12) shall be managed as a [unit](/usc/16/430f–7.md?p=4) or in close coordination.
  - (4) [Conservation and management](/usc/16/1802.md?p=5) measures shall not discriminate between residents of different [States](/usc/16/544.md?p=r). If it becomes necessary to allocate or assign [fishing](/usc/16/1802.md?p=16) privileges among various [United States](/usc/16/1802.md?p=45) fishermen, such allocation shall be (A) fair and equitable to all such fishermen; (B) reasonably calculated to promote [conservation](/usc/16/6456.md?p=2); and (C) carried out in such manner that no particular individual, corporation, or other entity [acquires](/usc/16/620e.md?p=1) an excessive share of such privileges.
  - (5) [Conservation and management](/usc/16/1802.md?p=5) measures shall, where practicable, consider efficiency in the utilization of [fishery resources](/usc/16/1802.md?p=15); except that no such measure shall have economic allocation as its sole purpose.
  - (6) [Conservation and management](/usc/16/1802.md?p=5) measures shall take into account and allow for variations among, and contingencies in, [fisheries](/usc/16/1802.md?p=13), [fishery resources](/usc/16/1802.md?p=15), and catches.
  - (7) [Conservation and management](/usc/16/1802.md?p=5) measures shall, where practicable, minimize costs and avoid unnecessary duplication.
  - (8) [Conservation and management](/usc/16/1802.md?p=5) measures shall, consistent with the [conservation](/usc/16/6456.md?p=2) requirements of this chapter (including the prevention of [overfishing](/usc/16/1802.md?p=34) and rebuilding of [overfished](/usc/16/1802.md?p=34) stocks), take into account the importance of [fishery resources](/usc/16/1802.md?p=15) to [fishing communities](/usc/16/1802.md?p=17) by utilizing economic and social data that meet the requirements of [paragraph (2)](#a-2), in order to (A) provide for the sustained participation of such communities, and (B) to the extent practicable, minimize adverse economic impacts on such communities.
  - (9) [Conservation and management](/usc/16/1802.md?p=5) measures shall, to the extent practicable, (A) minimize [bycatch](/usc/16/1802.md?p=2) and (B) to the extent [bycatch](/usc/16/1802.md?p=2) cannot be avoided, minimize the mortality of such [bycatch](/usc/16/1802.md?p=2).
  - (10) [Conservation and management](/usc/16/1802.md?p=5) measures shall, to the extent practicable, promote the safety of human life at sea.
- (b) **Guidelines—** The [Secretary](/usc/16/1802.md?p=39) shall establish advisory guidelines (which shall not have the force and effect of law), based on the [national standards](/usc/16/1802.md?p=30), to assist in the development of [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3).

# §1852. Regional Fishery Management Councils

- (a) **Establishment—**
  - (1) There shall be established, within 120 days after April 13, 1976, eight [Regional Fishery Management Councils](/usc/16/1362.md?p=21), as follows:
    - (A) **New England Council—** The New England [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2) shall consist of the [States](/usc/16/544.md?p=r) of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority over the [fisheries](/usc/16/1802.md?p=13) in the Atlantic Ocean seaward of such [States](/usc/16/544.md?p=r) (except as provided in [paragraph (3)](#a-3)). The New England [Council](/usc/16/460mmm–1.md?p=2) shall have 18 voting members, including 12 appointed by the [Secretary](/usc/16/1802.md?p=39) in accordance with [subsection (b)(2)](#b-2) (at least one of whom shall be appointed from each such [State](/usc/16/1802.md?p=40)).
    - (B) **Mid-Atlantic Council—** The Mid-Atlantic [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2) shall consist of the [States](/usc/16/544.md?p=r) of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina and shall have authority over the [fisheries](/usc/16/1802.md?p=13) in the Atlantic Ocean seaward of such [States](/usc/16/544.md?p=r) (except North Carolina, and as provided in [paragraph (3)](#a-3)). The Mid-Atlantic [Council](/usc/16/460mmm–1.md?p=2) shall have 21 voting members, including 13 appointed by the [Secretary](/usc/16/1802.md?p=39) in accordance with [subsection (b)(2)](#b-2) (at least one of whom shall be appointed from each such [State](/usc/16/1802.md?p=40)).
    - (C) **South Atlantic Council—** The South Atlantic [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2) shall consist of the [States](/usc/16/544.md?p=r) of North Carolina, South Carolina, Georgia, and Florida and shall have authority over the [fisheries](/usc/16/1802.md?p=13) in the Atlantic Ocean seaward of such [States](/usc/16/544.md?p=r) (except as provided in [paragraph (3)](#a-3)). The South Atlantic [Council](/usc/16/460mmm–1.md?p=2) shall have 13 voting members, including 8 appointed by the [Secretary](/usc/16/1802.md?p=39) in accordance with [subsection (b)(2)](#b-2) (at least one of whom shall be appointed from each such [State](/usc/16/1802.md?p=40)).
    - (D) **Caribbean Council—** The Caribbean [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2) shall consist of the Virgin Islands and the Commonwealth of Puerto Rico and shall have authority over the [fisheries](/usc/16/1802.md?p=13) in the Caribbean Sea and Atlantic Ocean seaward of such [States](/usc/16/544.md?p=r) and of commonwealths, territories, and possessions of the [United States](/usc/16/1802.md?p=45) in the Caribbean Sea (except as provided in [paragraph (3)](#a-3)). The Caribbean [Council](/usc/16/460mmm–1.md?p=2) shall have 7 voting members, including 4 appointed by the [Secretary](/usc/16/1802.md?p=39) in accordance with [subsection (b)(2)](#b-2) (at least one of whom shall be appointed from each such [State](/usc/16/1802.md?p=40)).
    - (E) **Gulf Council—** The Gulf of Mexico [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2) shall consist of the [States](/usc/16/544.md?p=r) of Texas, Louisiana, Mississippi, Alabama, and Florida and shall have authority over the [fisheries](/usc/16/1802.md?p=13) in the Gulf of Mexico seaward of such [States](/usc/16/544.md?p=r) (except as provided in [paragraph (3)](#a-3)). The Gulf [Council](/usc/16/460mmm–1.md?p=2) shall have 17 voting members, including 11 appointed by the [Secretary](/usc/16/1802.md?p=39) in accordance with [subsection (b)(2)](#b-2) (at least one of whom shall be appointed from each such [State](/usc/16/1802.md?p=40)).
    - (F) **Pacific Council—** The Pacific [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2) shall consist of the [States](/usc/16/544.md?p=r) of California, Oregon, Washington, and Idaho and shall have authority over the [fisheries](/usc/16/1802.md?p=13) in the Pacific Ocean seaward of such [States](/usc/16/544.md?p=r). The Pacific [Council](/usc/16/460mmm–1.md?p=2) shall have 14 voting members, including 8 appointed by the [Secretary](/usc/16/1802.md?p=39) in accordance with [subsection (b)(2)](#b-2) (at least one of whom shall be appointed from each such [State](/usc/16/1802.md?p=40)), and including one appointed from an Indian tribe with Federally[^1] recognized [fishing](/usc/16/1802.md?p=16) rights from California, Oregon, Washington, or Idaho in accordance with [subsection (b)(5)](#b-5).
    - (G) **North Pacific Council—** The North Pacific [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2) shall consist of the [States](/usc/16/544.md?p=r) of Alaska, Washington, and Oregon and shall have authority over the [fisheries](/usc/16/1802.md?p=13) in the Arctic Ocean, Bering Sea, and Pacific Ocean seaward of Alaska. The North Pacific [Council](/usc/16/460mmm–1.md?p=2) shall have 11 voting members, including 7 appointed by the [Secretary](/usc/16/1802.md?p=39) in accordance with [subsection (b)(2)](#b-2) (5 of whom shall be appointed from the [State](/usc/16/1802.md?p=40) of Alaska and 2 of whom shall be appointed from the [State](/usc/16/1802.md?p=40) of Washington).
    - (H) **Western Pacific Council—** The Western Pacific [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2) shall consist of the [States](/usc/16/544.md?p=r) of Hawaii, American Samoa, Guam, and the Northern Mariana Islands and shall have authority over the [fisheries](/usc/16/1802.md?p=13) in the Pacific Ocean seaward of such [States](/usc/16/544.md?p=r) and of the Commonwealths, territories, and possessions of the [United States](/usc/16/1802.md?p=45) in the Pacific Ocean [area](/usc/16/539m–1.md?p=1-A). The Western Pacific [Council](/usc/16/460mmm–1.md?p=2) shall have 13 voting members, including 8 appointed by the [Secretary](/usc/16/1802.md?p=39) in accordance with [subsection (b)(2)](#b-2) (at least one of whom shall be appointed from each of the following [States](/usc/16/544.md?p=r): Hawaii, American Samoa, Guam, and the Northern Mariana Islands).
  - (2) Each [Council](/usc/16/460mmm–1.md?p=2) shall reflect the expertise and interest of the several constituent [States](/usc/16/544.md?p=r) in the ocean [area](/usc/16/539m–1.md?p=1-A) over which such [Council](/usc/16/460mmm–1.md?p=2) is granted authority.
  - (3) The [Secretary](/usc/16/1802.md?p=39) shall have authority over any [highly migratory species](/usc/16/1802.md?p=21) [fishery](/usc/16/1802.md?p=13) that is within the geographical [area](/usc/16/539m–1.md?p=1-A) of authority of more than one of the following [Councils](/usc/16/5102.md?p=5): New England [Council](/usc/16/460mmm–1.md?p=2), Mid-Atlantic [Council](/usc/16/460mmm–1.md?p=2), South Atlantic [Council](/usc/16/460mmm–1.md?p=2), Gulf [Council](/usc/16/460mmm–1.md?p=2), and Caribbean [Council](/usc/16/460mmm–1.md?p=2).
- (b) **Voting members—**
  - (1) The voting members of each [Council](/usc/16/460mmm–1.md?p=2) shall be:
    - (A) The principal [State](/usc/16/1802.md?p=40) official with marine [fishery](/usc/16/1802.md?p=13) management responsibility and expertise in each constituent [State](/usc/16/1802.md?p=40), who is designated as such by the Governor of the [State](/usc/16/1802.md?p=40), so long as the official continues to hold such position, or the designee of such official.
    - (B) The regional director of the National Marine [Fisheries](/usc/16/1802.md?p=13) Service for the geographic [area](/usc/16/539m–1.md?p=1-A) concerned, or his designee, except that if two such directors are within such geographical [area](/usc/16/539m–1.md?p=1-A), the [Secretary](/usc/16/1802.md?p=39) shall designate which of such directors shall be the voting member.
    - (C) The members required to be appointed by the [Secretary](/usc/16/1802.md?p=39) in accordance with paragraphs [(2)](#b-2) and [(5)](#b-5).
  - (2)
    - (A) The members of each [Council](/usc/16/460mmm–1.md?p=2) required to be appointed by the [Secretary](/usc/16/1802.md?p=39) must be individuals who, by reason of their occupational or other experience, scientific expertise, or training, are knowledgeable regarding the [conservation and management](/usc/16/1802.md?p=5), or the commercial or recreational harvest, of the [fishery resources](/usc/16/1802.md?p=15) of the geographical area concerned. Within nine months after November 28, 1990, the [Secretary](/usc/16/1802.md?p=39) shall, by regulation, prescribe criteria for determining whether an individual satisfies the requirements of this subparagraph.
    - (B) The [Secretary](/usc/16/1802.md?p=39), in making appointments under this section, shall, to the extent practicable, ensure a fair and balanced apportionment, on a rotating or other basis, of the active participants (or their [representatives](/usc/16/5609.md?p=13)) in the commercial and recreational [fisheries](/usc/16/1802.md?p=13) under the jurisdiction of the [Council](/usc/16/460mmm–1.md?p=2). On January 31, 1991, and each year thereafter, the [Secretary](/usc/16/1802.md?p=39) shall submit to the [Committee](/usc/16/941b.md?p=1) on Commerce, Science, and Transportation of the Senate and the [Committee](/usc/16/941b.md?p=1) on Merchant Marine and [Fisheries](/usc/16/1802.md?p=13) of the House of [Representatives](/usc/16/5609.md?p=13) a report on the actions taken by the [Secretary](/usc/16/1802.md?p=39) to ensure that such fair and balanced apportionment is achieved. The report shall—
      - (i) list the [fisheries](/usc/16/1802.md?p=13) under the jurisdiction of each [Council](/usc/16/460mmm–1.md?p=2), outlining for each [fishery](/usc/16/1802.md?p=13) the type and quantity of [fish](/usc/16/1802.md?p=12) harvested, [fishing](/usc/16/1802.md?p=16) and processing methods employed, the number of participants, the duration and range of the [fishery](/usc/16/1802.md?p=13), and other distinguishing characteristics;
      - (ii) assess the membership of each [Council](/usc/16/460mmm–1.md?p=2) in terms of the apportionment of the active participants in each such [fishery](/usc/16/1802.md?p=13); and
      - (iii) [state](/usc/16/1802.md?p=40) the [Secretary](/usc/16/1802.md?p=39)’s plans and schedule for actions to achieve a fair and balanced apportionment on the [Council](/usc/16/460mmm–1.md?p=2) for the active participants in any such [fishery](/usc/16/1802.md?p=13).
    - (C) The [Secretary](/usc/16/1802.md?p=39) shall appoint the members of each [Council](/usc/16/460mmm–1.md?p=2) from a list of individuals submitted by the Governor of each applicable constituent [State](/usc/16/1802.md?p=40). A Governor may not submit the names of individuals to the [Secretary](/usc/16/1802.md?p=39) for appointment unless the Governor has determined that each such individual is qualified under the requirements of [subparagraph (A)](#b-2-A) and unless the Governor has, to the extent practicable, first consulted with [representatives](/usc/16/5609.md?p=13) of the commercial and [recreational fishing](/usc/16/1802.md?p=37) interests of the [State](/usc/16/1802.md?p=40) regarding those individuals. Each such list shall include the names and pertinent biographical data of not less than three individuals for each applicable vacancy and shall be accompanied by a statement by the Governor explaining how each such individual meets the requirements of [subparagraph (A)](#b-2-A). The [Secretary](/usc/16/1802.md?p=39) shall review each list submitted by a Governor to ascertain if the individuals on the list are qualified for the vacancy on the basis of such requirements. If the [Secretary](/usc/16/1802.md?p=39) determines that any individual is not qualified, the [Secretary](/usc/16/1802.md?p=39) shall notify the appropriate Governor of that determination. The Governor shall then submit a revised list or resubmit the original list with an additional explanation of the qualifications of the individual in question. An individual is not eligible for appointment by the [Secretary](/usc/16/1802.md?p=39) until that individual complies with the applicable financial disclosure requirements under [subsection (k)](#k).[^2]
    - (D)
      - (i) The Governor of a [State](/usc/16/1802.md?p=40) submitting a list of names of individuals for appointment by the [Secretary](/usc/16/1802.md?p=39) of Commerce to the Gulf of Mexico [Fisheries](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2) under [subparagraph (C)](#b-2-C) shall include—
        - (I) at least 1 nominee each from the commercial, recreational, and [charter fishing](/usc/16/1802.md?p=3) sectors; and
        - (II) at least 1 other individual who is knowledgeable regarding the [conservation and management](/usc/16/1802.md?p=5) of [fisheries](/usc/16/1802.md?p=13) [resources](/usc/16/410hhh–1.md?p=8) in the jurisdiction of the [Council](/usc/16/460mmm–1.md?p=2).
      - (ii) Notwithstanding the requirements of [subparagraph (C)](#b-2-C), if the [Secretary](/usc/16/1802.md?p=39) determines that the list of names submitted by the Governor does not meet the requirements of [clause (i)](#b-2-D-i) the [Secretary](/usc/16/1802.md?p=39) shall—
        - (I) publish a notice in the Federal Register asking the residents of that [State](/usc/16/1802.md?p=40) to submit the names and pertinent biographical data of individuals who would meet the requirement not met for appointment to the [Council](/usc/16/460mmm–1.md?p=2); and
        - (II) add the name of any qualified individual submitted by the public who meets the unmet requirement to the list of names submitted by the Governor.
      - (iii) For purposes of [clause (i)](#b-2-D-i) an individual who owns or operates a [fish](/usc/16/1802.md?p=12) farm outside of the [United States](/usc/16/1802.md?p=45) shall not be considered to be a [representative](/usc/16/5609.md?p=13) of the commercial or [recreational fishing](/usc/16/1802.md?p=37) sector.
      - (iv) The requirements of this subparagraph shall expire at the end of fiscal year 2012.
    - (E) Whenever the [Secretary](/usc/16/1802.md?p=39) makes an appointment to a [Council](/usc/16/460mmm–1.md?p=2), the [Secretary](/usc/16/1802.md?p=39) shall make a public announcement of such appointment not less than 45 days before the first day on which the individual is to take office as a member of the [Council](/usc/16/460mmm–1.md?p=2).
  - (3) Each voting member appointed to a [Council](/usc/16/460mmm–1.md?p=2) by the [Secretary](/usc/16/1802.md?p=39) in accordance with paragraphs [(2)](#b-2) and [(5)](#b-5) shall serve for a term of 3 years; except that the [Secretary](/usc/16/1802.md?p=39) may designate a shorter term if necessary to provide for balanced expiration to terms of office. No member appointed after January 1, 1986, may serve more than three consecutive terms. Any term in which an individual was appointed to replace a member who left office during the term shall not be counted in determining the number of consecutive terms served by that [Council](/usc/16/460mmm–1.md?p=2) member.
  - (4) Successors to the voting members of any [Council](/usc/16/460mmm–1.md?p=2) shall be appointed in the same manner as the original voting members. Any individual appointed to fill a vacancy occurring prior to the expiration of any term of office shall be appointed for the remainder of that term.
  - (5)
    - (A) The [Secretary](/usc/16/1802.md?p=39) shall appoint to the Pacific [Council](/usc/16/460mmm–1.md?p=2) one [representative](/usc/16/5609.md?p=13) of an Indian tribe with Federally[^1] recognized [fishing](/usc/16/1802.md?p=16) rights from California, Oregon, Washington, or Idaho from a list of not less than 3 individuals submitted by the tribal governments. The [Secretary](/usc/16/1802.md?p=39), in consultation with the [Secretary](/usc/16/1802.md?p=39) of the Interior and tribal governments, shall establish by regulation the procedure for submitting a list under this subparagraph.
    - (B) Representation shall be rotated among the tribes taking into consideration—
      - (i) the qualifications of the individuals on the list referred to in [subparagraph (A)](#b-5-A),
      - (ii) the various rights of the [Indian tribes](/usc/16/544.md?p=g) involved and judicial cases that set forth how those rights are to be exercised, and
      - (iii) the geographic [area](/usc/16/539m–1.md?p=1-A) in which the tribe of the [representative](/usc/16/5609.md?p=13) is located.
    - (C) A vacancy occurring prior to the expiration of any term shall be filled in the same manner as set out in subparagraphs [(A)](#b-5-A) and [(B)](#b-5-B), except that the [Secretary](/usc/16/1802.md?p=39) may use the list from which the vacating [representative](/usc/16/5609.md?p=13) was chosen.
    - (D) The tribal [representative](/usc/16/5609.md?p=13) appointed under [subparagraph (A)](#b-5-A) may designate as an alternate, during the period of the [representative](/usc/16/5609.md?p=13)’s term, an individual knowledgeable concerning tribal rights, tribal law, and the [fishery resources](/usc/16/1802.md?p=15) of the geographical area concerned.
  - (6) The [Secretary](/usc/16/1802.md?p=39) may remove for cause any member of a [Council](/usc/16/460mmm–1.md?p=2) required to be appointed by the [Secretary](/usc/16/1802.md?p=39) in accordance with paragraphs[^3] (2) or (5) if—
    - (A) the [Council](/usc/16/460mmm–1.md?p=2) concerned first recommends removal by not less than two-thirds of the members who are voting members and submits such removal recommendation to the [Secretary](/usc/16/1802.md?p=39) in writing together with a statement of the basis for the recommendation; or
    - (B) the member is found by the [Secretary](/usc/16/1802.md?p=39), after notice and an opportunity for a hearing in accordance with [section 554 of title 5](/usc/5/554.md), to have committed an act prohibited by [section 1857(1)(O) of this title](/usc/16/1857.md?p=1-O).
- (c) **Nonvoting members—**
  - (1) The nonvoting members of each [Council](/usc/16/460mmm–1.md?p=2) shall be:
    - (A) The regional or [area](/usc/16/539m–1.md?p=1-A) director of the [United States](/usc/16/1802.md?p=45) [Fish](/usc/16/1802.md?p=12) and Wildlife Service for the geographical area concerned, or his designee.
    - (B) The Commander of the Coast Guard district for the geographical area concerned, or his designee; except that, if two Coast Guard districts are within such geographical [area](/usc/16/539m–1.md?p=1-A), the commander designated for such purpose by the commandant of the Coast Guard.
    - (C) The executive director of the [Marine Fisheries Commission](/usc/16/1802.md?p=28) for the geographical area concerned, if any, or his designee.
    - (D) One [representative](/usc/16/5609.md?p=13) of the Department of State designated for such purpose by the Secretary of State, or his designee.
  - (2) The Pacific [Council](/usc/16/460mmm–1.md?p=2) shall have one additional nonvoting member who shall be appointed by, and serve at the pleasure of, the Governor of Alaska.
- (d) **Compensation and expenses—** The voting members of each [Council](/usc/16/460mmm–1.md?p=2) who are required to be appointed by the [Secretary](/usc/16/1802.md?p=39) and who are not employed by the Federal Government or any [State](/usc/16/1802.md?p=40) or local government, shall receive compensation at the daily rate for GS–15, step 7 of the General Schedule, when engaged in the actual performance of duties for such [Council](/usc/16/460mmm–1.md?p=2). The voting members of each [Council](/usc/16/460mmm–1.md?p=2), any nonvoting member described in [subsection (c)(1)(C)](#c-1-C), and the nonvoting member appointed pursuant to [subsection (c)(2)](#c-2) shall be reimbursed for actual expenses incurred in the performance of such duties, and other nonvoting members and [Council](/usc/16/460mmm–1.md?p=2) staff members may be reimbursed for actual expenses.
- (e) **Transaction of business—**
  - (1) A majority of the voting members of any [Council](/usc/16/460mmm–1.md?p=2) shall constitute a quorum, but one or more such members designated by the [Council](/usc/16/460mmm–1.md?p=2) may hold hearings. All decisions of any [Council](/usc/16/460mmm–1.md?p=2) shall be by majority vote of the voting members present and voting.
  - (2) The voting members of each [Council](/usc/16/460mmm–1.md?p=2) shall select a Chairman for such [Council](/usc/16/460mmm–1.md?p=2) from among the voting members.
  - (3) Each [Council](/usc/16/460mmm–1.md?p=2) shall meet at appropriate times and places in any of the constituent [States](/usc/16/544.md?p=r) of the [Council](/usc/16/460mmm–1.md?p=2) at the call of the Chairman or upon the request of a majority of its voting members.
  - (4) If any voting member of a [Council](/usc/16/460mmm–1.md?p=2) disagrees with respect to any matter which is transmitted to the [Secretary](/usc/16/1802.md?p=39) by such [Council](/usc/16/460mmm–1.md?p=2), such member may submit a statement to the [Secretary](/usc/16/1802.md?p=39) setting forth the reasons for such disagreement. The regional director of the National Marine [Fisheries](/usc/16/1802.md?p=13) Service serving on the [Council](/usc/16/460mmm–1.md?p=2), or the regional director’s designee, shall submit such a statement, which shall be made available to the public upon request, if the regional director disagrees with any such matter.
  - (5) At the request of any voting member of a [Council](/usc/16/460mmm–1.md?p=2), the [Council](/usc/16/460mmm–1.md?p=2) shall hold a roll call vote on any matter before the [Council](/usc/16/460mmm–1.md?p=2). The official minutes and other appropriate records of any [Council](/usc/16/460mmm–1.md?p=2) meeting shall identify all roll call votes held, the name of each voting member present during each roll call vote, and how each member voted on each roll call vote.
- (f) **Staff and administration—**
  - (1) Each [Council](/usc/16/460mmm–1.md?p=2) may appoint, and assign duties to, an executive director and such other full- and part-time administrative employees as the [Secretary](/usc/16/1802.md?p=39) determines are necessary to the performance of its functions.
  - (2) Upon the request of any [Council](/usc/16/460mmm–1.md?p=2), and after consultation with the [Secretary](/usc/16/1802.md?p=39), the head of any Federal agency is authorized to detail to such [Council](/usc/16/460mmm–1.md?p=2), on a reimbursable basis, any of the personnel of such agency, to assist such [Council](/usc/16/460mmm–1.md?p=2) in the performance of its functions under this chapter.
  - (3) The [Secretary](/usc/16/1802.md?p=39) shall provide to each [Council](/usc/16/460mmm–1.md?p=2) such administrative and technical support services as are necessary for the effective functioning of such [Council](/usc/16/460mmm–1.md?p=2).
  - (4) The [Administrator](/usc/16/450rr–1.md?p=a) of General Services shall furnish each [Council](/usc/16/460mmm–1.md?p=2) with such offices, equipment, supplies, and services as he is authorized to furnish to any other agency or instrumentality of the [United States](/usc/16/1802.md?p=45).
  - (5) The [Secretary](/usc/16/1802.md?p=39) and the Secretary of State shall furnish each [Council](/usc/16/460mmm–1.md?p=2) with relevant information concerning [foreign fishing](/usc/16/1802.md?p=19) and [international fishery agreements](/usc/16/1802.md?p=24).
  - (6) Each [Council](/usc/16/460mmm–1.md?p=2) shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this chapter, in accordance with such uniform standards as are prescribed by the [Secretary](/usc/16/1802.md?p=39). The procedures of a [Council](/usc/16/460mmm–1.md?p=2), and of its scientific and statistical [committee](/usc/16/941b.md?p=1) and advisory panels established under [subsection (g)](#g), must be consistent with the procedural guidelines set forth in [subsection (i)(2)](#i-2). Each [Council](/usc/16/460mmm–1.md?p=2) shall publish and make available to the public a statement of its organization, practices, and procedures.
  - (7) The [Secretary](/usc/16/1802.md?p=39) shall pay—
    - (A) the compensation and expenses provided for in [subsection (d)](#d);
    - (B) appropriate compensation to employees appointed under [paragraph (1)](#f-1);
    - (C) the amounts required for reimbursement of other Federal agencies under paragraphs [(2)](#f-2) and [(4)](#f-4);
    - (D) the actual expenses of the members of the [committees](/usc/16/941b.md?p=1) and panels established under [subsection (g)](#g); and
    - (E) such other costs as the [Secretary](/usc/16/1802.md?p=39) determines are necessary to the performance of the functions of the [Councils](/usc/16/5102.md?p=5).
- (g) **Committees and advisory panels—**
  - (1)
    - (A) Each [Council](/usc/16/460mmm–1.md?p=2) shall establish, maintain, and appoint the members of a scientific and statistical [committee](/usc/16/941b.md?p=1) to assist it in the development, collection, evaluation, and peer review of such statistical, biological, economic, social, and other scientific information as is relevant to such [Council](/usc/16/460mmm–1.md?p=2)’s development and amendment of any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3).
    - (B) Each scientific and statistical [committee](/usc/16/941b.md?p=1) shall provide its [Council](/usc/16/460mmm–1.md?p=2) ongoing scientific advice for [fishery](/usc/16/1802.md?p=13) management decisions, including recommendations for acceptable biological catch, preventing [overfishing](/usc/16/1802.md?p=34), maximum sustainable yield, and achieving rebuilding targets, and reports on stock status and health, [bycatch](/usc/16/1802.md?p=2), habitat status, social and economic impacts of management measures, and sustainability of [fishing](/usc/16/1802.md?p=16) practices.
    - (C) Members appointed by the [Councils](/usc/16/5102.md?p=5) to the scientific and statistical [committees](/usc/16/941b.md?p=1) shall be Federal employees, [State](/usc/16/1802.md?p=40) employees, academicians, or independent experts and shall have strong scientific or technical credentials and experience.
    - (D) Each member of a scientific and statistical [committee](/usc/16/941b.md?p=1) shall be treated as an affected individual for purposes of paragraphs [(2)](#j-2), [(3)(B)](#j-3-B), [(4)](#j-4), and [(5)(A)](#j-5-A) of subsection (j). The [Secretary](/usc/16/1802.md?p=39) shall keep disclosures made pursuant to this subparagraph on file.
    - (E) The [Secretary](/usc/16/1802.md?p=39) and each [Council](/usc/16/460mmm–1.md?p=2) may establish a peer review process for that [Council](/usc/16/460mmm–1.md?p=2) for scientific information used to advise the [Council](/usc/16/460mmm–1.md?p=2) about the [conservation and management](/usc/16/1802.md?p=5) of the [fishery](/usc/16/1802.md?p=13). The review process, which may include existing [committees](/usc/16/941b.md?p=1) or panels, is deemed to satisfy the requirements of the guidelines issued pursuant to [section 515](/usc/16/515.md) of the Treasury and General Government Appropriations Act for Fiscal year 2001 (Public Law 106–554—Appendix C; 114 Stat. 2763A–153).
    - (F) In [addition](/usc/16/410r–5.md?p=c-2) to the provisions of [subsection (f)(7)](#f-7), the [Secretary](/usc/16/1802.md?p=39) shall, subject to the availability of appropriations, pay a stipend to members of the scientific and statistical [committees](/usc/16/941b.md?p=1) or advisory panels who are not employed by the Federal Government or a [State](/usc/16/1802.md?p=40) marine [fisheries](/usc/16/1802.md?p=13) agency.
    - (G) A science and statistical [committee](/usc/16/941b.md?p=1) shall hold its meetings in conjunction with the meeting of the [Council](/usc/16/460mmm–1.md?p=2), to the extent practicable.
  - (2) Each [Council](/usc/16/460mmm–1.md?p=2) shall establish such advisory panels as are necessary or appropriate to assist it in carrying out its functions under this chapter.
  - (3)
    - (A) Each [Council](/usc/16/460mmm–1.md?p=2) shall establish and maintain a [fishing](/usc/16/1802.md?p=16) industry [advisory committee](/usc/16/698u–1.md?p=1) which shall provide information and recommendations on, and assist in the development of, [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3) and amendments to such plans.
    - (B) Appointments to a [committee](/usc/16/941b.md?p=1) established under [subparagraph (A)](#g-3-A) shall be made by each [Council](/usc/16/460mmm–1.md?p=2) in such a manner as to provide fair representation to [commercial fishing](/usc/16/1802.md?p=4) interests in the geographical [area](/usc/16/539m–1.md?p=1-A) of authority of the [Council](/usc/16/460mmm–1.md?p=2).
  - (4) The [Secretary](/usc/16/1802.md?p=39) shall establish advisory panels to assist in the collection and evaluation of information relevant to the development of any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or plan amendment for a [fishery](/usc/16/1802.md?p=13) to which [subsection (a)(3)](#a-3) applies. Each advisory panel shall participate in all aspects of the development of the plan or amendment; be balanced in its representation of commercial, recreational, and other interests; and consist of not less than 7 individuals who are knowledgeable about the [fishery](/usc/16/1802.md?p=13) for which the plan or amendment is developed, selected from among—
    - (A) members of [advisory committees](/usc/16/698u–1.md?p=1) and species working groups appointed under Acts implementing relevant [international fishery agreements](/usc/16/1802.md?p=24) pertaining to [highly migratory species](/usc/16/1802.md?p=21); and
    - (B) other interested [persons](/usc/16/1802.md?p=36).
  - (5) Decisions and recommendations made by [committees](/usc/16/941b.md?p=1) and panels established under this subsection shall be considered to be advisory in nature.
- (h) **Functions—** Each [Council](/usc/16/460mmm–1.md?p=2) shall, in accordance with the [provisions of this chapter](/usc/16/1861.md?p=j-1)—
  - (1) for each [fishery](/usc/16/1802.md?p=13) under its authority that requires [conservation and management](/usc/16/1802.md?p=5), prepare and submit to the [Secretary](/usc/16/1802.md?p=39) (A) a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), and (B) amendments to each such plan that are necessary from time to time (and promptly whenever changes in [conservation and management](/usc/16/1802.md?p=5) measures in another [fishery](/usc/16/1802.md?p=13) substantially affect the [fishery](/usc/16/1802.md?p=13) for which such plan was developed);
  - (2) prepare comments on any application for [foreign fishing](/usc/16/1802.md?p=19) transmitted to it under [section 1824(b)(4)(C) of this title](/usc/16/1824.md?p=b-4-C) or [section 1824(d) of this title](/usc/16/1824.md?p=d), and any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or amendment transmitted to it under [section 1854(c)(4) of this title](/usc/16/1854.md?p=c-4);
  - (3) conduct public hearings, at appropriate times and in appropriate locations in the geographical area concerned, so as to allow all interested [persons](/usc/16/1802.md?p=36) an opportunity to be heard in the development of [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3) and amendments to such plans, and with respect to the administration and implementation of the [provisions of this chapter](/usc/16/1861.md?p=j-1) (and for purposes of this paragraph, the term “geographical area concerned” may include an [area](/usc/16/539m–1.md?p=1-A) under the authority of another [Council](/usc/16/460mmm–1.md?p=2) if the [fish](/usc/16/1802.md?p=12) in the [fishery](/usc/16/1802.md?p=13) concerned migrate into, or occur in, that [area](/usc/16/539m–1.md?p=1-A) or if the matters being heard affect fishermen of that [area](/usc/16/539m–1.md?p=1-A); but not unless such other [Council](/usc/16/460mmm–1.md?p=2) is first consulted regarding the conduct of such hearings within its [area](/usc/16/539m–1.md?p=1-A));
  - (4) submit to the [Secretary](/usc/16/1802.md?p=39) such periodic reports as the [Council](/usc/16/460mmm–1.md?p=2) deems appropriate, and any other relevant report which may be requested by the [Secretary](/usc/16/1802.md?p=39);
  - (5) review on a continuing basis, and revise as appropriate, the assessments and specifications made pursuant to section [1853(a)(3)](/usc/16/1853.md?p=a-3) and [(4)](/usc/16/1853.md?p=a-4) of this title with respect to the [optimum](/usc/16/1802.md?p=33) yield from, the capacity and extent to which [United States fish processors](/usc/16/1802.md?p=46) will process [United States harvested fish](/usc/16/1802.md?p=47) from, and the total allowable level of [foreign fishing](/usc/16/1802.md?p=19) in, each [fishery](/usc/16/1802.md?p=13) (except as provided in section[^4] [subsection (a)(3)](#a-3)) within its geographical [area](/usc/16/539m–1.md?p=1-A) of authority;
  - (6) develop annual catch limits for each of its managed [fisheries](/usc/16/1802.md?p=13) that may not exceed the [fishing](/usc/16/1802.md?p=16) level recommendations of its scientific and statistical [committee](/usc/16/941b.md?p=1) or the peer review process established under [subsection (g)](#g);
  - (7) develop, in conjunction with the scientific and statistical [committee](/usc/16/941b.md?p=1), multi-year research priorities for [fisheries](/usc/16/1802.md?p=13), [fisheries](/usc/16/1802.md?p=13) interactions, habitats, and other [areas](/usc/16/539m–1.md?p=1-A) of research that are necessary for management purposes, that shall—
    - (A) establish priorities for 5-year periods;
    - (B) be updated as necessary; and
    - (C) be submitted to the [Secretary](/usc/16/1802.md?p=39) and the regional science centers of the National Marine [Fisheries](/usc/16/1802.md?p=13) Service for their consideration in developing research priorities and budgets for the [region](/usc/16/1447a.md?p=6) of the [Council](/usc/16/460mmm–1.md?p=2);
  - (8) in [addition](/usc/16/410r–5.md?p=c-2) to complying with the standards and requirements under [paragraph (6)](#h-6), sections [1851(a)](/usc/16/1851.md?p=a), [1853(a)(15)](/usc/16/1853.md?p=a-15), and [1854(e)](/usc/16/1854.md?p=e) of this title, and other applicable [provisions of this chapter](/usc/16/1861.md?p=j-1), have the authority to use [fishery](/usc/16/1802.md?p=13) management measures in a recreational [fishery](/usc/16/1802.md?p=13) (or the recreational component of a mixed-use [fishery](/usc/16/1802.md?p=13)) in developing a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), plan amendment, or proposed regulations, such as extraction rates, [fishing](/usc/16/1802.md?p=16) mortality targets, harvest control rules, or traditional or cultural practices of native communities in such [fishery](/usc/16/1802.md?p=13) or [fishery](/usc/16/1802.md?p=13) component; and
  - (9) conduct any other activities which are required by, or provided for in, this chapter or which are necessary and appropriate to the foregoing functions.
- (i) **Procedural matters—**
  - (1) [Chapter 10](/usc/5/chptI-ch10.md) of title 5 shall not apply to the [Councils](/usc/16/5102.md?p=5), the [Council](/usc/16/460mmm–1.md?p=2) coordination [committee](/usc/16/941b.md?p=1) established under [subsection (l)](#l), or to the scientific and statistical [committees](/usc/16/941b.md?p=1) or other [committees](/usc/16/941b.md?p=1) or advisory panels established under [subsection (g)](#g).
  - (2) The following guidelines apply with respect to the conduct of business at meetings of a [Council](/usc/16/460mmm–1.md?p=2), of the [Council](/usc/16/460mmm–1.md?p=2) coordination [committee](/usc/16/941b.md?p=1) established under [subsection (l)](#l), and of the scientific and statistical [committees](/usc/16/941b.md?p=1) or other [committees](/usc/16/941b.md?p=1) or advisory panels established under [subsection (g)](#g):
    - (A) Unless closed in accordance with [paragraph (3)](#i-3), each regular meeting and each emergency meeting shall be open to the public.
    - (B) Emergency meetings shall be held at the call of the chairman or equivalent presiding officer.
    - (C) Timely public notice of each regular meeting and each emergency meeting, including the time, place, and agenda of the meeting, shall be provided by any means that will result in wide publicity in the major [fishing](/usc/16/1802.md?p=16) ports of the [region](/usc/16/1447a.md?p=6) (and in other major [fishing](/usc/16/1802.md?p=16) ports having a direct interest in the affected [fishery](/usc/16/1802.md?p=13)), except that e-mail notification and website postings alone are not sufficient. Timely notice of each regular meeting shall also be published in the Federal Register. The published agenda of the meeting may not be modified to include additional matters for [Council](/usc/16/460mmm–1.md?p=2) action without public notice or within 14 days prior to the meeting date, unless such modification is to address an emergency action under [section 1855(c) of this title](/usc/16/1855.md?p=c), in which case public notice shall be given immediately.
    - (D) Interested [persons](/usc/16/1802.md?p=36) shall be permitted to present oral or written statements regarding the matters on the agenda at meetings. All written information submitted to a [Council](/usc/16/460mmm–1.md?p=2) by an interested [person](/usc/16/1802.md?p=36) shall include a statement of the source and date of such information. Any oral or written statement shall include a brief description of the background and interests of the [person](/usc/16/1802.md?p=36) in the subject of the oral or written statement.
    - (E) Detailed minutes of each meeting of the [Council](/usc/16/460mmm–1.md?p=2), except for any closed session, shall be kept and shall contain a record of the [persons](/usc/16/1802.md?p=36) present, a complete and accurate description of matters discussed and conclusions reached, and copies of all statements filed. The Chairman shall certify the accuracy of the minutes of each such meeting and submit a copy thereof to the [Secretary](/usc/16/1802.md?p=39). The minutes shall be made available to any court of competent jurisdiction.
    - (F) Subject to the procedures established under [paragraph (4)](#i-4), and the guidelines prescribed by the [Secretary](/usc/16/1802.md?p=39) under [section 1881a(b) of this title](/usc/16/1881a.md?p=b), relating to confidentiality, the administrative record, including minutes required under [subparagraph (E)](#i-2-E), of each meeting, and records or other documents which were made available to or prepared for or by the [Council](/usc/16/460mmm–1.md?p=2), [committee](/usc/16/941b.md?p=1), or panel incident to the meeting, shall be available for public inspection and copying at a single location in the offices of the [Council](/usc/16/460mmm–1.md?p=2) or the [Secretary](/usc/16/1802.md?p=39), as appropriate.
  - (3)
    - (A) Each [Council](/usc/16/460mmm–1.md?p=2), the [Council](/usc/16/460mmm–1.md?p=2) Coordination [Committee](/usc/16/941b.md?p=1) established under [subsection (l)](#l), scientific, and statistical [committee](/usc/16/941b.md?p=1), other [committees](/usc/16/941b.md?p=1), and advisory panel—
      - (i) shall close any meeting, or portion thereof, that concerns matters or information that bears a national security classification; and
      - (ii) may close any meeting, or portion thereof, that concerns matters or information that pertains to national security, employment matters, or briefings on litigation in which the [Council](/usc/16/460mmm–1.md?p=2) is interested.

      Subparagraphs [(D)](#i-2-D) and [(F)](#i-2-F) of paragraph (2) shall not apply to any meeting or portion thereof that is so closed.

    - (B) If any meeting or portion is closed, the [Council](/usc/16/460mmm–1.md?p=2) concerned shall provide notice by any means that will result in wide publicity in the major [fishing](/usc/16/1802.md?p=16) ports of the [region](/usc/16/1447a.md?p=6) (and in other major [fishing](/usc/16/1802.md?p=16) ports having a direct interest in the affected [fishery](/usc/16/1802.md?p=13)), except that e-mail notification and website postings alone are not sufficient, including in that notification the time and place of the meeting. This subpararaph[^5] does not require notification regarding any brief closure of a portion of a meeting in order to discuss employment or other internal administrative matters.
  - (4) Each [Council](/usc/16/460mmm–1.md?p=2) shall establish appropriate procedures applicable to it and to its [committee](/usc/16/941b.md?p=1) and advisory panels for ensuring the confidentiality of the statistics that may be submitted to it by Federal or [State](/usc/16/1802.md?p=40) authorities, and may be voluntarily submitted to it by private [persons](/usc/16/1802.md?p=36); including, but not limited to, procedures for the restriction of [Council](/usc/16/460mmm–1.md?p=2) employee access and the prevention of conflicts of interest; except that such procedures, in the case of statistics submitted to the [Council](/usc/16/460mmm–1.md?p=2) by a [State](/usc/16/1802.md?p=40) or by the [Secretary](/usc/16/1802.md?p=39) under [section 1881a(b) of this title](/usc/16/1881a.md?p=b), must be consistent with the laws and regulations of that [State](/usc/16/1802.md?p=40), or with the procedures of the [Secretary](/usc/16/1802.md?p=39), as the case may be, concerning the confidentiality of the statistics.
  - (5) Each [Council](/usc/16/460mmm–1.md?p=2) shall specify those procedures that are necessary or appropriate to ensure that the [committees](/usc/16/941b.md?p=1) and advisory panels established under [subsection (g)](#g) are involved, on a continuing basis, in the development and amendment of [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3).
  - (6) At any time when a [Council](/usc/16/460mmm–1.md?p=2) determines it appropriate to consider new information from a [State](/usc/16/1802.md?p=40) or Federal agency or from a [Council](/usc/16/460mmm–1.md?p=2) advisory body, the [Council](/usc/16/460mmm–1.md?p=2) shall give comparable consideration to new information offered at that time by interested members of the public. Interested parties shall have a reasonable opportunity to respond to new data or information before the [Council](/usc/16/460mmm–1.md?p=2) takes final action on [conservation and management](/usc/16/1802.md?p=5) measures.
- (j) **Disclosure of financial interest and recusal—**
  - (1) For the purposes of this subsection—
    - (A) the term “affected individual” means an individual who—
      - (i) is nominated by the Governor of a [State](/usc/16/1802.md?p=40) for appointment as a voting member of a [Council](/usc/16/460mmm–1.md?p=2) in accordance with [subsection (b)(2)](#b-2); or
      - (ii) is a voting member of a [Council](/usc/16/460mmm–1.md?p=2) appointed—
        - (I) under [subsection (b)(2)](#b-2); or
        - (II) under [subsection (b)(5)](#b-5) who is not subject to disclosure and recusal requirements under the laws of an Indian tribal government; and
    - (B) the term “designated official” means a [person](/usc/16/1802.md?p=36) with expertise in Federal conflict-of-interest requirements who is designated by the [Secretary](/usc/16/1802.md?p=39), in consultation with the [Council](/usc/16/460mmm–1.md?p=2), to attend [Council](/usc/16/460mmm–1.md?p=2) meetings and make determinations under [paragraph (7)(B)](#j-7-B).
  - (2) Each [affected individual](#j-1-A) must disclose any financial interest held by—
    - (A) that individual;
    - (B) the spouse, minor child, or partner of that individual; and
    - (C) any organization (other than the [Council](/usc/16/460mmm–1.md?p=2)) in which that individual is serving as an officer, director, trustee, partner, or employee;

    in any harvesting, processing, lobbying, advocacy, or marketing activity that is being, or will be, undertaken within any [fishery](/usc/16/1802.md?p=13) over which the [Council](/usc/16/460mmm–1.md?p=2) concerned has jurisdiction, or with respect to an individual or organization with a financial interest in such activity.

  - (3) The disclosure required under [paragraph (2)](#j-2) shall be made—
    - (A) in the case of an [affected individual](#j-1-A) referred to in [paragraph (1)(A)(i)](#j-1-A-i), before appointment by the [Secretary](/usc/16/1802.md?p=39); and
    - (B) in the case of an [affected individual](#j-1-A) referred to in [paragraph (1)(A)(ii)](#j-1-A-ii), within 45 days of taking office.
  - (4) An [affected individual](#j-1-A) referred to in [paragraph (1)(A)(ii)](#j-1-A-ii) must update his or her disclosure form at any time any such financial interest is acquired, or substantially changed, by any [person](/usc/16/1802.md?p=36) referred to in paragraph [(2)(A)](#j-2-A), [(B)](#j-2-B), or [(C)](#j-2-C).
  - (5) The financial interest disclosures required by this subsection shall—
    - (A) be made on such forms, in accordance with such procedures, and at such times, as the [Secretary](/usc/16/1802.md?p=39) shall by regulation prescribe;
    - (B) be kept on file by the [Council](/usc/16/460mmm–1.md?p=2) and made available on the Internet and for public inspection at the [Council](/usc/16/460mmm–1.md?p=2) offices during reasonable hours; and
    - (C) be kept on file by the [Secretary](/usc/16/1802.md?p=39) for use in reviewing determinations under [paragraph (7)(B)](#j-7-B) and made available for public inspection at reasonable hours.
  - (6) The participation by an [affected individual](#j-1-A) referred to in [paragraph (1)(A)(ii)](#j-1-A-ii) in an action by a [Council](/usc/16/460mmm–1.md?p=2) during any time in which that individual is not in compliance with the regulations prescribed under [paragraph (5)](#j-5) may not be treated as cause for the invalidation of that action.
  - (7)
    - (A) After the effective date of regulations promulgated under subparagraph (F) of this paragraph, an [affected individual](#j-1-A) required to disclose a financial interest under [paragraph (2)](#j-2) shall not vote on a [Council](/usc/16/460mmm–1.md?p=2) decision which would have a significant and predictable effect on such financial interest. A [Council](/usc/16/460mmm–1.md?p=2) decision shall be considered to have a significant and predictable effect on a financial interest if there is a close causal link between the [Council](/usc/16/460mmm–1.md?p=2) decision and an expected and substantially disproportionate benefit to the financial interest of the [affected individual](#j-1-A) relative to the financial interests of other participants in the same gear type or sector of the [fishery](/usc/16/1802.md?p=13). An [affected individual](#j-1-A) who may not vote may participate in [Council](/usc/16/460mmm–1.md?p=2) deliberations relating to the decision after notifying the [Council](/usc/16/460mmm–1.md?p=2) of the voting recusal and identifying the financial interest that would be affected.
    - (B) At the request of an [affected individual](#j-1-A), or upon the initiative of the appropriate [designated official](#j-1-B), the [designated official](#j-1-B) shall make a determination for the record whether a [Council](/usc/16/460mmm–1.md?p=2) decision would have a significant and predictable effect on a financial interest.
    - (C) Any [Council](/usc/16/460mmm–1.md?p=2) member may submit a written request to the [Secretary](/usc/16/1802.md?p=39) to review any determination by the [designated official](#j-1-B) under [subparagraph (B)](#j-7-B) within 10 days of such determination. Such review shall be completed within 30 days of receipt of the request.
    - (D) Any [affected individual](#j-1-A) who does not vote in a [Council](/usc/16/460mmm–1.md?p=2) decision in accordance with this subsection may [state](/usc/16/1802.md?p=40) for the record how he or she would have voted on such decision if he or she had voted.
    - (E) If the [Council](/usc/16/460mmm–1.md?p=2) makes a decision before the [Secretary](/usc/16/1802.md?p=39) has reviewed a determination under [subparagraph (C)](#j-7-C), the eventual ruling may not be treated as cause for the invalidation or reconsideration by the [Secretary](/usc/16/1802.md?p=39) of such decision.
    - (F) The [Secretary](/usc/16/1802.md?p=39), in consultation with the [Councils](/usc/16/5102.md?p=5) and by not later than one year from October 11, 1996, shall promulgate regulations which prohibit an [affected individual](#j-1-A) from voting in accordance with [subparagraph (A)](#j-7-A), and which allow for the making of determinations under subparagraphs [(B)](#j-7-B) and [(C)](#j-7-C).
  - (8) [Section 208 of title 18](/usc/18/208.md) does not apply to an [affected individual](#j-1-A) referred to in [paragraph (1)(A)(ii)](#j-1-A-ii) during any time in which that individual is in compliance with the regulations prescribed under [paragraph (5)](#j-5).
  - (9) On January 1, 2008, and annually thereafter, the [Secretary](/usc/16/1802.md?p=39) shall submit a report to the Senate [Committee](/usc/16/941b.md?p=1) on Commerce, Science, and Transportation and the House of [Representatives](/usc/16/5609.md?p=13) [Committee](/usc/16/941b.md?p=1) on [Resources](/usc/16/410hhh–1.md?p=8) on action taken by the [Secretary](/usc/16/1802.md?p=39) and the [Councils](/usc/16/5102.md?p=5) to implement the disclosure of financial interest and recusal requirements of this subsection, including identification of any conflict of interest problems with respect to the [Councils](/usc/16/5102.md?p=5) and scientific and statistical [committees](/usc/16/941b.md?p=1) and recommendations for addressing any such problems.
- (k) **Council training program—**
  - (1) **Training course—** Within 6 months after January 12, 2007, the [Secretary](/usc/16/1802.md?p=39), in consultation with the [Councils](/usc/16/5102.md?p=5) and the National Sea Grant College [Program](/usc/16/460ss–6.md?p=1), shall develop a training course for newly appointed [Council](/usc/16/460mmm–1.md?p=2) members. The course may cover a variety of topics relevant to matters before the [Councils](/usc/16/5102.md?p=5), including—
    - (A) [fishery](/usc/16/1802.md?p=13) science and basic stock assessment methods;
    - (B) [fishery](/usc/16/1802.md?p=13) management techniques, data needs, and [Council](/usc/16/460mmm–1.md?p=2) procedures;
    - (C) social science and [fishery](/usc/16/1802.md?p=13) economics;
    - (D) tribal [treaty](/usc/16/1802.md?p=43) rights and native customs, access, and other rights related to Western Pacific indigenous communities;
    - (E) legal requirements of this chapter, including conflict of interest and disclosure provisions of this section and related policies;
    - (F) other relevant legal and regulatory requirements, including the National Environmental Policy Act ([42 U.S.C. 4321](/usc/42/4321.md) et seq.);
    - (G) public process for development of [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3);
    - (H) other topics suggested by the [Council](/usc/16/460mmm–1.md?p=2); and
    - (I) recreational and [commercial fishing](/usc/16/1802.md?p=4) information, including [fish](/usc/16/1802.md?p=12) harvesting techniques, gear types, [fishing vessel](/usc/16/1802.md?p=18) types, and economics for the [fisheries](/usc/16/1802.md?p=13) within each [Council](/usc/16/460mmm–1.md?p=2)’s jurisdiction.
  - (2) **Member training—** The training course shall be available to both new and existing [Council](/usc/16/460mmm–1.md?p=2) members, staff from the regional offices and regional science centers of the National Marine [Fisheries](/usc/16/1802.md?p=13) Service, and may be made available to [committee](/usc/16/941b.md?p=1) or advisory panel members as [resources](/usc/16/410hhh–1.md?p=8) allow.
  - (3) **Required training—** [Council](/usc/16/460mmm–1.md?p=2) members appointed after January 12, 2007, shall complete a training course that meets the requirements of this section not later than 1 year after the date on which they were appointed. Any [Council](/usc/16/460mmm–1.md?p=2) member who has completed a training course within 24 months before January 12, 2007, shall be considered to have met the training requirement of this paragraph.
- (l) **Council coordination committee—** The [Councils](/usc/16/5102.md?p=5) may establish a [Council](/usc/16/460mmm–1.md?p=2) coordination [committee](/usc/16/941b.md?p=1) consisting of the chairs, vice chairs, and executive directors of each of the 8 [Councils](/usc/16/5102.md?p=5) described in [subsection (a)(1)](#a-1), or other [Council](/usc/16/460mmm–1.md?p=2) members or staff, in order to discuss issues of relevance to all [Councils](/usc/16/5102.md?p=5), including issues related to the implementation of this chapter.

# §1853. Contents of fishery management plans

- (a) **Required provisions—** Any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) which is prepared by any [Council](/usc/16/460mmm–1.md?p=2), or by the [Secretary](/usc/16/1802.md?p=39), with respect to any [fishery](/usc/16/1802.md?p=13), shall—
  - (1) contain the [conservation and management](/usc/16/1802.md?p=5) measures, applicable to [foreign fishing](/usc/16/1802.md?p=19) and [fishing](/usc/16/1802.md?p=16) by vessels of the [United States](/usc/16/1802.md?p=45), which are—
    - (A) necessary and appropriate for the [conservation and management](/usc/16/1802.md?p=5) of the [fishery](/usc/16/1802.md?p=13), to prevent [overfishing](/usc/16/1802.md?p=34) and rebuild [overfished](/usc/16/1802.md?p=34) stocks, and to protect, restore, and promote the long-term health and stability of the [fishery](/usc/16/1802.md?p=13);
    - (B) described in this subsection or [subsection (b)](#b), or both; and
    - (C) consistent with the [national standards](/usc/16/1802.md?p=30), the other [provisions of this chapter](/usc/16/1861.md?p=j-1), regulations implementing recommendations by international organizations in which the [United States](/usc/16/1802.md?p=45) participates (including but not limited to closed [areas](/usc/16/539m–1.md?p=1-A), quotas, and size limits), and any other applicable law;
  - (2) contain a description of the [fishery](/usc/16/1802.md?p=13), including, but not limited to, the number of vessels involved, the type and quantity of [fishing](/usc/16/1802.md?p=16) gear used, the species of [fish](/usc/16/1802.md?p=12) involved and their location, the cost likely to be incurred in management, actual and potential revenues from the [fishery](/usc/16/1802.md?p=13), any recreational interests in the [fishery](/usc/16/1802.md?p=13), and the nature and extent of [foreign fishing](/usc/16/1802.md?p=19) and Indian [treaty](/usc/16/1802.md?p=43) [fishing](/usc/16/1802.md?p=16) rights, if any;
  - (3) assess and specify the present and probable future condition of, and the maximum sustainable yield and [optimum](/usc/16/1802.md?p=33) yield from, the [fishery](/usc/16/1802.md?p=13), and include a summary of the information utilized in making such specification;
  - (4) assess and specify—
    - (A) the capacity and the extent to which [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45), on an annual basis, will harvest the [optimum](/usc/16/1802.md?p=33) yield specified under [paragraph (3)](#a-3),
    - (B) the portion of such [optimum](/usc/16/1802.md?p=33) yield which, on an annual basis, will not be harvested by [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) and can be made available for [foreign fishing](/usc/16/1802.md?p=19), and
    - (C) the capacity and extent to which [United States fish processors](/usc/16/1802.md?p=46), on an annual basis, will process that portion of such [optimum](/usc/16/1802.md?p=33) yield that will be harvested by [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45);
  - (5) specify the pertinent data which shall be submitted to the [Secretary](/usc/16/1802.md?p=39) with respect to commercial, recreational,[^1] [charter fishing](/usc/16/1802.md?p=3), and [fish](/usc/16/1802.md?p=12) processing in the [fishery](/usc/16/1802.md?p=13), including, but not limited to, information regarding the type and quantity of [fishing](/usc/16/1802.md?p=16) gear used, catch by species in numbers of [fish](/usc/16/1802.md?p=12) or weight thereof, [areas](/usc/16/539m–1.md?p=1-A) in which [fishing](/usc/16/1802.md?p=16) was engaged in, time of [fishing](/usc/16/1802.md?p=16), number of hauls, economic information necessary to meet the requirements of this chapter, and the estimated processing capacity of, and the actual processing capacity utilized by, [United States fish processors](/usc/16/1802.md?p=46),[^2]
  - (6) consider and provide for temporary adjustments, after consultation with the Coast Guard and [persons](/usc/16/1802.md?p=36) utilizing the [fishery](/usc/16/1802.md?p=13), regarding access to the [fishery](/usc/16/1802.md?p=13) for vessels otherwise prevented from harvesting because of weather or other ocean conditions affecting the safe conduct of the [fishery](/usc/16/1802.md?p=13); except that the adjustment shall not adversely affect [conservation](/usc/16/6456.md?p=2) efforts in other [fisheries](/usc/16/1802.md?p=13) or discriminate among participants in the affected [fishery](/usc/16/1802.md?p=13);
  - (7) describe and identify [essential fish habitat](/usc/16/1802.md?p=10) for the [fishery](/usc/16/1802.md?p=13) based on the guidelines established by the [Secretary](/usc/16/1802.md?p=39) under [section 1855(b)(1)(A) of this title](/usc/16/1855.md?p=b-1-A), minimize to the extent practicable adverse effects on such habitat caused by [fishing](/usc/16/1802.md?p=16), and identify other actions to encourage the [conservation](/usc/16/6456.md?p=2) and enhancement of such habitat;
  - (8) in the case of a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) that, after January 1, 1991, is submitted to the [Secretary](/usc/16/1802.md?p=39) for review under [section 1854(a) of this title](/usc/16/1854.md?p=a) (including any plan for which an amendment is submitted to the [Secretary](/usc/16/1802.md?p=39) for such review) or is prepared by the [Secretary](/usc/16/1802.md?p=39), assess and specify the nature and extent of scientific data which is needed for effective implementation of the plan;
  - (9) include a [fishery](/usc/16/1802.md?p=13) impact statement for the plan or amendment (in the case of a plan or amendment thereto submitted to or prepared by the [Secretary](/usc/16/1802.md?p=39) after October 1, 1990) which shall assess, specify, and analyze the likely effects, if any, including the cumulative [conservation](/usc/16/6456.md?p=2), economic, and social impacts, of the [conservation and management](/usc/16/1802.md?p=5) measures on, and possible mitigation measures for—
    - (A) participants in the [fisheries](/usc/16/1802.md?p=13) and [fishing communities](/usc/16/1802.md?p=17) affected by the plan or amendment;
    - (B) participants in the [fisheries](/usc/16/1802.md?p=13) conducted in adjacent [areas](/usc/16/539m–1.md?p=1-A) under the authority of another [Council](/usc/16/460mmm–1.md?p=2), after consultation with such [Council](/usc/16/460mmm–1.md?p=2) and [representatives](/usc/16/5609.md?p=13) of those participants; and
    - (C) the safety of human life at sea, including whether and to what extent such measures may affect the safety of participants in the [fishery](/usc/16/1802.md?p=13);
  - (10) specify objective and measurable criteria for identifying when the [fishery](/usc/16/1802.md?p=13) to which the plan applies is [overfished](/usc/16/1802.md?p=34) (with an analysis of how the criteria were determined and the relationship of the criteria to the reproductive potential of stocks of [fish](/usc/16/1802.md?p=12) in that [fishery](/usc/16/1802.md?p=13)) and, in the case of a [fishery](/usc/16/1802.md?p=13) which the [Council](/usc/16/460mmm–1.md?p=2) or the [Secretary](/usc/16/1802.md?p=39) has determined is approaching an [overfished](/usc/16/1802.md?p=34) condition or is [overfished](/usc/16/1802.md?p=34), contain [conservation and management](/usc/16/1802.md?p=5) measures to prevent [overfishing](/usc/16/1802.md?p=34) or end [overfishing](/usc/16/1802.md?p=34) and rebuild the [fishery](/usc/16/1802.md?p=13);
  - (11) establish a standardized reporting methodology to assess the amount and type of [bycatch](/usc/16/1802.md?p=2) occurring in the [fishery](/usc/16/1802.md?p=13), and include [conservation and management](/usc/16/1802.md?p=5) measures that, to the extent practicable and in the following priority—
    - (A) minimize [bycatch](/usc/16/1802.md?p=2); and
    - (B) minimize the mortality of [bycatch](/usc/16/1802.md?p=2) which cannot be avoided;
  - (12) assess the type and amount of [fish](/usc/16/1802.md?p=12) caught and released alive during [recreational fishing](/usc/16/1802.md?p=37) under catch and release [fishery](/usc/16/1802.md?p=13) management [programs](/usc/16/460ss–6.md?p=1) and the mortality of such [fish](/usc/16/1802.md?p=12), and include [conservation and management](/usc/16/1802.md?p=5) measures that, to the extent practicable, minimize mortality and ensure the extended survival of such [fish](/usc/16/1802.md?p=12);
  - (13) include a description of the commercial, recreational, and [charter fishing](/usc/16/1802.md?p=3) sectors which participate in the [fishery](/usc/16/1802.md?p=13), including its economic impact, and, to the extent practicable, quantify trends in landings of the managed [fishery resource](/usc/16/1802.md?p=15) by the commercial, recreational, and [charter fishing](/usc/16/1802.md?p=3) sectors;
  - (14) to the extent that rebuilding plans or other [conservation and management](/usc/16/1802.md?p=5) measures which reduce the overall harvest in a [fishery](/usc/16/1802.md?p=13) are necessary, allocate, taking into consideration the economic impact of the harvest restrictions or recovery benefits on the [fishery](/usc/16/1802.md?p=13) participants in each sector, any harvest restrictions or recovery benefits fairly and equitably among the commercial, recreational, and [charter fishing](/usc/16/1802.md?p=3) sectors in the [fishery](/usc/16/1802.md?p=13) and;[^3]
  - (15) establish a mechanism for specifying annual catch limits in the plan (including a multiyear plan), implementing regulations, or annual specifications, at a level such that [overfishing](/usc/16/1802.md?p=34) does not occur in the [fishery](/usc/16/1802.md?p=13), including measures to ensure accountability.
- (b) **Discretionary provisions—** Any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) which is prepared by any [Council](/usc/16/460mmm–1.md?p=2), or by the [Secretary](/usc/16/1802.md?p=39), with respect to any [fishery](/usc/16/1802.md?p=13), may—
  - (1) require a permit to be obtained from, and fees to be paid to, the [Secretary](/usc/16/1802.md?p=39), with respect to—
    - (A) any [fishing vessel](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) [fishing](/usc/16/1802.md?p=16), or wishing to [fish](/usc/16/1802.md?p=12), in the [exclusive economic zone](/usc/16/1802.md?p=11) or for [anadromous species](/usc/16/1802.md?p=1) or [Continental Shelf fishery resources](/usc/16/1802.md?p=7) beyond such zone;
    - (B) the operator of any such vessel; or
    - (C) any [United States](/usc/16/1802.md?p=45) [fish](/usc/16/1802.md?p=12) processor who first receives [fish](/usc/16/1802.md?p=12) that are subject to the plan;
  - (2)
    - (A) designate zones where, and periods when, [fishing](/usc/16/1802.md?p=16) shall be limited, or shall not be permitted, or shall be permitted only by specified types of [fishing vessels](/usc/16/1802.md?p=18) or with specified types and quantities of [fishing](/usc/16/1802.md?p=16) gear;
    - (B) designate such zones in [areas](/usc/16/539m–1.md?p=1-A) where deep sea [corals](/usc/16/6456.md?p=2) are identified under [section 1884 of this title](/usc/16/1884.md), to protect deep sea [corals](/usc/16/6456.md?p=2) from physical damage from [fishing](/usc/16/1802.md?p=16) gear or to prevent loss or damage to such [fishing](/usc/16/1802.md?p=16) gear from interactions with deep sea [corals](/usc/16/6456.md?p=2), after considering long-term sustainable [uses](/usc/16/410hhh–1.md?p=10) of [fishery resources](/usc/16/1802.md?p=15) in such [areas](/usc/16/539m–1.md?p=1-A); and
    - (C) with respect to any closure of an [area](/usc/16/539m–1.md?p=1-A) under this chapter that prohibits all [fishing](/usc/16/1802.md?p=16), ensure that such closure—
      - (i) is based on the best scientific information available;
      - (ii) includes criteria to assess the [conservation](/usc/16/6456.md?p=2) benefit of the closed [area](/usc/16/539m–1.md?p=1-A);
      - (iii) establishes a timetable for review of the closed [area](/usc/16/539m–1.md?p=1-A)’s performance that is consistent with the purposes of the closed [area](/usc/16/539m–1.md?p=1-A); and
      - (iv) is based on an assessment of the benefits and impacts of the closure, including its size, in relation to other management measures (either alone or in combination with such measures), including the benefits and impacts of limiting access to: users of the [area](/usc/16/539m–1.md?p=1-A), overall [fishing](/usc/16/1802.md?p=16) activity, [fishery](/usc/16/1802.md?p=13) science, and [fishery](/usc/16/1802.md?p=13) and marine [conservation](/usc/16/6456.md?p=2);
  - (3) establish specified limitations which are necessary and appropriate for the [conservation and management](/usc/16/1802.md?p=5) of the [fishery](/usc/16/1802.md?p=13) on the—
    - (A) catch of [fish](/usc/16/1802.md?p=12) (based on [area](/usc/16/539m–1.md?p=1-A), species, size, number, weight, sex, [bycatch](/usc/16/1802.md?p=2), total biomass, or other factors);
    - (B) sale of [fish](/usc/16/1802.md?p=12) caught during commercial, recreational, or [charter fishing](/usc/16/1802.md?p=3), consistent with any applicable Federal and [State](/usc/16/1802.md?p=40) safety and quality requirements; and
    - (C) transshipment or transportation of [fish](/usc/16/1802.md?p=12) or [fish](/usc/16/1802.md?p=12) products under permits issued pursuant to [section 1824 of this title](/usc/16/1824.md);
  - (4) prohibit, limit, condition, or require the use of specified types and quantities of [fishing](/usc/16/1802.md?p=16) gear, [fishing vessels](/usc/16/1802.md?p=18), or equipment for such vessels, including devices which may be required to facilitate enforcement of the [provisions of this chapter](/usc/16/1861.md?p=j-1);
  - (5) incorporate (consistent with the [national standards](/usc/16/1802.md?p=30), the other [provisions of this chapter](/usc/16/1861.md?p=j-1), and any other applicable law) the relevant [fishery](/usc/16/1802.md?p=13) [conservation and management](/usc/16/1802.md?p=5) measures of the [coastal States](/usc/16/1468.md?p=a-2) nearest to the [fishery](/usc/16/1802.md?p=13) and take into account the different circumstances affecting [fisheries](/usc/16/1802.md?p=13) from different [States](/usc/16/544.md?p=r) and ports, including distances to [fishing](/usc/16/1802.md?p=16) grounds and proximity to time and [area](/usc/16/539m–1.md?p=1-A) closures;
  - (6) establish a [limited access system](/usc/16/1802.md?p=27) for the [fishery](/usc/16/1802.md?p=13) in order to achieve [optimum](/usc/16/1802.md?p=33) yield if, in developing such [system](/usc/16/668ee.md?p=14), the [Council](/usc/16/460mmm–1.md?p=2) and the [Secretary](/usc/16/1802.md?p=39) take into account—
    - (A) present participation in the [fishery](/usc/16/1802.md?p=13);
    - (B) historical [fishing](/usc/16/1802.md?p=16) practices in, and dependence on, the [fishery](/usc/16/1802.md?p=13);
    - (C) the economics of the [fishery](/usc/16/1802.md?p=13);
    - (D) the capability of [fishing vessels](/usc/16/1802.md?p=18) used in the [fishery](/usc/16/1802.md?p=13) to engage in other [fisheries](/usc/16/1802.md?p=13);
    - (E) the cultural and social framework relevant to the [fishery](/usc/16/1802.md?p=13) and any affected [fishing communities](/usc/16/1802.md?p=17);
    - (F) the fair and equitable distribution of access privileges in the [fishery](/usc/16/1802.md?p=13); and
    - (G) any other relevant considerations;
  - (7) require [fish](/usc/16/1802.md?p=12) processors who first receive [fish](/usc/16/1802.md?p=12) that are subject to the plan to submit data which are necessary for the [conservation and management](/usc/16/1802.md?p=5) of the [fishery](/usc/16/1802.md?p=13);
  - (8) require that one or more [observers](/usc/16/1802.md?p=31) be carried on [board](/usc/16/1447a.md?p=1) a [vessel of the United States](/usc/16/1802.md?p=48) engaged in [fishing](/usc/16/1802.md?p=16) for species that are subject to the plan, for the purpose of collecting data necessary for the [conservation and management](/usc/16/1802.md?p=5) of the [fishery](/usc/16/1802.md?p=13); except that such a vessel shall not be required to carry an [observer](/usc/16/1802.md?p=31) on [board](/usc/16/1447a.md?p=1) if the facilities of the vessel for the quartering of an [observer](/usc/16/1802.md?p=31), or for carrying out [observer](/usc/16/1802.md?p=31) functions, are so inadequate or unsafe that the health or safety of the [observer](/usc/16/1802.md?p=31) or the safe operation of the vessel would be jeopardized;
  - (9) assess and specify the effect which the [conservation and management](/usc/16/1802.md?p=5) measures of the plan will have on the stocks of naturally spawning anadromous [fish](/usc/16/1802.md?p=12) in the [region](/usc/16/1447a.md?p=6);
  - (10) include, consistent with the other [provisions of this chapter](/usc/16/1861.md?p=j-1), [conservation and management](/usc/16/1802.md?p=5) measures that provide harvest incentives for participants within each gear group to employ [fishing](/usc/16/1802.md?p=16) practices that result in lower levels of [bycatch](/usc/16/1802.md?p=2) or in lower levels of the mortality of [bycatch](/usc/16/1802.md?p=2);
  - (11) reserve a portion of the allowable biological catch of the [fishery](/usc/16/1802.md?p=13) for use in scientific research;
  - (12) include management measures in the plan to conserve target and non-target species and habitats, considering the variety of ecological factors affecting [fishery](/usc/16/1802.md?p=13) populations; and
  - (14) [^4] prescribe such other measures, requirements, or conditions and restrictions as are determined to be necessary and appropriate for the [conservation and management](/usc/16/1802.md?p=5) of the [fishery](/usc/16/1802.md?p=13).
- (c) **Proposed regulations—** Proposed regulations which the [Council](/usc/16/460mmm–1.md?p=2) deems necessary or appropriate for the purposes of—
  - (1) implementing a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or plan amendment shall be submitted to the [Secretary](/usc/16/1802.md?p=39) simultaneously with the plan or amendment under [section 1854 of this title](/usc/16/1854.md); and
  - (2) making modifications to regulations implementing a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or plan amendment may be submitted to the [Secretary](/usc/16/1802.md?p=39) at any time after the plan or amendment is approved under [section 1854 of this title](/usc/16/1854.md).

# §1853a. Limited access privilege programs

- (a) **In general—** After January 12, 2007, a [Council](/usc/16/460mmm–1.md?p=2) may submit, and the [Secretary](/usc/16/1802.md?p=39) may approve, for a [fishery](/usc/16/1802.md?p=13) that is managed under a [limited access system](/usc/16/1802.md?p=27), a [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1) to harvest [fish](/usc/16/1802.md?p=12) if the [program](/usc/16/460ss–6.md?p=1) meets the requirements of this section.
- (b) **No creation of right, title, or interest—** [Limited access privilege](/usc/16/1802.md?p=26), quota share, or other [limited access system](/usc/16/1802.md?p=27) authorization established, implemented, or managed under this chapter—
  - (1) shall be considered a permit for the purposes of sections [1857](/usc/16/1857.md), [1858](/usc/16/1858.md), and [1859](/usc/16/1859.md) of this title;
  - (2) may be revoked, limited, or modified at any time in accordance with this chapter, including revocation if the [system](/usc/16/668ee.md?p=14) is found to have jeopardized the sustainability of the stock or the safety of fishermen;
  - (3) shall not confer any right of compensation to the holder of such [limited access privilege](/usc/16/1802.md?p=26), quota share, or other such [limited access system](/usc/16/1802.md?p=27) authorization if it is revoked, limited, or modified;
  - (4) shall not create, or be construed to create, any right, title, or interest in or to any [fish](/usc/16/1802.md?p=12) before the [fish](/usc/16/1802.md?p=12) is harvested by the holder; and
  - (5) shall be considered a grant of permission to the holder of the [limited access privilege](/usc/16/1802.md?p=26) or quota share to engage in activities permitted by such [limited access privilege](/usc/16/1802.md?p=26) or quota share.
- (c) **Requirements for limited access privileges—**
  - (1) **In general—** Any [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1) to harvest [fish](/usc/16/1802.md?p=12) submitted by a [Council](/usc/16/460mmm–1.md?p=2) or approved by the [Secretary](/usc/16/1802.md?p=39) under this section shall—
    - (A) if established in a [fishery](/usc/16/1802.md?p=13) that is [overfished](/usc/16/1802.md?p=34) or subject to a rebuilding plan, assist in its rebuilding;
    - (B) if established in a [fishery](/usc/16/1802.md?p=13) that is determined by the [Secretary](/usc/16/1802.md?p=39) or the [Council](/usc/16/460mmm–1.md?p=2) to have over-capacity, contribute to reducing capacity;
    - (C) promote—
      - (i) [fishing](/usc/16/1802.md?p=16) safety;
      - (ii) [fishery](/usc/16/1802.md?p=13) [conservation and management](/usc/16/1802.md?p=5); and
      - (iii) social and economic benefits;
    - (D) prohibit any [person](/usc/16/1802.md?p=36) other than a [United States](/usc/16/1802.md?p=45) citizen, a corporation, [partnership](/usc/16/8202.md?p=7), or other entity established under the laws of the [United States](/usc/16/1802.md?p=45) or any [State](/usc/16/1802.md?p=40), or a permanent resident alien, that meets the eligibility and participation requirements established in the [program](/usc/16/460ss–6.md?p=1) from acquiring a privilege to harvest [fish](/usc/16/1802.md?p=12), including any [person](/usc/16/1802.md?p=36) that [acquires](/usc/16/620e.md?p=1) a [limited access privilege](/usc/16/1802.md?p=26) solely for the purpose of perfecting or realizing on a security interest in such privilege;
    - (E) require that all [fish](/usc/16/1802.md?p=12) harvested under a [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1) be processed on vessels of the [United States](/usc/16/1802.md?p=45) or on [United States](/usc/16/1802.md?p=45) soil (including any territory of the [United States](/usc/16/1802.md?p=45));
    - (F) specify the goals of the [program](/usc/16/460ss–6.md?p=1);
    - (G) include provisions for the regular monitoring and review by the [Council](/usc/16/460mmm–1.md?p=2) and the [Secretary](/usc/16/1802.md?p=39) of the operations of the [program](/usc/16/460ss–6.md?p=1), including determining progress in meeting the goals of the [program](/usc/16/460ss–6.md?p=1) and this chapter, and any necessary modification of the [program](/usc/16/460ss–6.md?p=1) to meet those goals, with a formal and detailed review 5 years after the implementation of the [program](/usc/16/460ss–6.md?p=1) and thereafter to coincide with scheduled [Council](/usc/16/460mmm–1.md?p=2) review of the relevant [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) (but no less frequently than once every 7 years);
    - (H) include an effective [system](/usc/16/668ee.md?p=14) for enforcement, monitoring, and management of the [program](/usc/16/460ss–6.md?p=1), including the use of [observers](/usc/16/1802.md?p=31) or electronic monitoring [systems](/usc/16/668ee.md?p=14);
    - (I) include an appeals process for administrative review of the [Secretary](/usc/16/1802.md?p=39)’s decisions regarding initial allocation of [limited access privileges](/usc/16/1802.md?p=26);
    - (J) provide for the establishment by the [Secretary](/usc/16/1802.md?p=39), in consultation with appropriate Federal agencies, for an information collection and review process to provide any additional information needed to determine whether any illegal acts of anti-competition, anti-[trust](/usc/16/450ss–1.md?p=4), price collusion, or price fixing have occurred among [regional fishery associations](/usc/16/1802.md?p=14) or [persons](/usc/16/1802.md?p=36) receiving [limited access privileges](/usc/16/1802.md?p=26) under the [program](/usc/16/460ss–6.md?p=1); and
    - (K) provide for the revocation by the [Secretary](/usc/16/1802.md?p=39) of [limited access privileges](/usc/16/1802.md?p=26) held by any [person](/usc/16/1802.md?p=36) found to have violated the antitrust laws of the [United States](/usc/16/1802.md?p=45).
  - (2) **Waiver—** The [Secretary](/usc/16/1802.md?p=39) may waive the requirement of [paragraph (1)(E)](#c-1-E) if the [Secretary](/usc/16/1802.md?p=39) determines that—
    - (A) the [fishery](/usc/16/1802.md?p=13) has historically processed the [fish](/usc/16/1802.md?p=12) outside of the [United States](/usc/16/1802.md?p=45); and
    - (B) the [United States](/usc/16/1802.md?p=45) has a seafood safety equivalency agreement with the country where processing will occur.
  - (3) **Fishing communities—**
    - (A) **In general—**
      - (i) **Eligibility—** To be eligible to participate in a [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1) to harvest [fish](/usc/16/1802.md?p=12), a [fishing community](/usc/16/1802.md?p=17) shall—
        - (I) be located within the management [area](/usc/16/539m–1.md?p=1-A) of the relevant [Council](/usc/16/460mmm–1.md?p=2);
        - (II) meet criteria developed by the relevant [Council](/usc/16/460mmm–1.md?p=2), approved by the [Secretary](/usc/16/1802.md?p=39), and published in the Federal Register;
        - (III) consist of residents who conduct commercial or [recreational fishing](/usc/16/1802.md?p=37), processing, or [fishery](/usc/16/1802.md?p=13)-dependent support businesses within the [Council](/usc/16/460mmm–1.md?p=2)’s management [area](/usc/16/539m–1.md?p=1-A); and
        - (IV) develop and submit a community sustainability plan to the [Council](/usc/16/460mmm–1.md?p=2) and the [Secretary](/usc/16/1802.md?p=39) that demonstrates how the plan will address the social and economic development needs of coastal communities, including those that have not historically had the [resources](/usc/16/410hhh–1.md?p=8) to participate in the [fishery](/usc/16/1802.md?p=13), for approval based on criteria developed by the [Council](/usc/16/460mmm–1.md?p=2) that have been approved by the [Secretary](/usc/16/1802.md?p=39) and published in the Federal Register.
      - (ii) **Failure to comply with plan—** The [Secretary](/usc/16/1802.md?p=39) shall deny or revoke [limited access privileges](/usc/16/1802.md?p=26) granted under this section for any [person](/usc/16/1802.md?p=36) who fails to comply with the requirements of the community sustainability plan. Any [limited access privileges](/usc/16/1802.md?p=26) denied or revoked under this section may be reallocated to other eligible members of the [fishing community](/usc/16/1802.md?p=17).
    - (B) **Participation criteria—** In developing participation criteria for eligible communities under this paragraph, a [Council](/usc/16/460mmm–1.md?p=2) shall consider—
      - (i) traditional [fishing](/usc/16/1802.md?p=16) or processing practices in, and dependence on, the [fishery](/usc/16/1802.md?p=13);
      - (ii) the cultural and social framework relevant to the [fishery](/usc/16/1802.md?p=13);
      - (iii) economic barriers to access to [fishery](/usc/16/1802.md?p=13);
      - (iv) the existence and severity of projected economic and social impacts associated with implementation of [limited access privilege](/usc/16/1802.md?p=26) [programs](/usc/16/460ss–6.md?p=1) on harvesters, captains, crew, processors, and other businesses substantially dependent upon the [fishery](/usc/16/1802.md?p=13) in the [region](/usc/16/1447a.md?p=6) or subregion;
      - (v) the expected effectiveness, operational transparency, and equitability of the community sustainability plan; and
      - (vi) the potential for improving economic conditions in remote coastal communities lacking [resources](/usc/16/410hhh–1.md?p=8) to participate in harvesting or processing activities in the [fishery](/usc/16/1802.md?p=13).
  - (4) **Regional fishery associations—**
    - (A) **In general—** To be eligible to participate in a [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1) to harvest [fish](/usc/16/1802.md?p=12), a [regional fishery association](/usc/16/1802.md?p=14) shall—
      - (i) be located within the management [area](/usc/16/539m–1.md?p=1-A) of the relevant [Council](/usc/16/460mmm–1.md?p=2);
      - (ii) meet criteria developed by the relevant [Council](/usc/16/460mmm–1.md?p=2), approved by the [Secretary](/usc/16/1802.md?p=39), and published in the Federal Register;
      - (iii) be a voluntary association, among willing parties with established by-laws and operating procedures;
      - (iv) consist of participants in the [fishery](/usc/16/1802.md?p=13) who hold quota share that are designated for use in the specific [region](/usc/16/1447a.md?p=6) or subregion covered by the [regional fishery association](/usc/16/1802.md?p=14), including commercial or [recreational fishing](/usc/16/1802.md?p=37), processing, [fishery](/usc/16/1802.md?p=13)-dependent support businesses, or [fishing communities](/usc/16/1802.md?p=17);
      - (v) not be eligible to receive an initial allocation of a [limited access privilege](/usc/16/1802.md?p=26) but may [acquire](/usc/16/620e.md?p=1) such privileges after the initial allocation, and may hold the annual [fishing](/usc/16/1802.md?p=16) privileges of any [limited access privileges](/usc/16/1802.md?p=26) it holds or the annual [fishing](/usc/16/1802.md?p=16) privileges that is[^1] members contribute; and
      - (vi) develop and submit a [regional fishery association](/usc/16/1802.md?p=14) plan to the [Council](/usc/16/460mmm–1.md?p=2) and the [Secretary](/usc/16/1802.md?p=39) for approval based on criteria developed by the [Council](/usc/16/460mmm–1.md?p=2) that have been approved by the [Secretary](/usc/16/1802.md?p=39) and published in the Federal Register.
    - (B) **Failure to comply with plan—** The [Secretary](/usc/16/1802.md?p=39) shall deny or revoke [limited access privileges](/usc/16/1802.md?p=26) granted under this section to any [person](/usc/16/1802.md?p=36) participating in a [regional fishery association](/usc/16/1802.md?p=14) who fails to comply with the requirements of the [regional fishery association](/usc/16/1802.md?p=14) plan.
    - (C) **Participation criteria—** In developing participation criteria for eligible [regional fishery associations](/usc/16/1802.md?p=14) under this paragraph, a [Council](/usc/16/460mmm–1.md?p=2) shall consider—
      - (i) traditional [fishing](/usc/16/1802.md?p=16) or processing practices in, and dependence on, the [fishery](/usc/16/1802.md?p=13);
      - (ii) the cultural and social framework relevant to the [fishery](/usc/16/1802.md?p=13);
      - (iii) economic barriers to access to [fishery](/usc/16/1802.md?p=13);
      - (iv) the existence and severity of projected economic and social impacts associated with implementation of [limited access privilege](/usc/16/1802.md?p=26) [programs](/usc/16/460ss–6.md?p=1) on harvesters, captains, crew, processors, and other businesses substantially dependent upon the [fishery](/usc/16/1802.md?p=13) in the [region](/usc/16/1447a.md?p=6) or subregion;
      - (v) the administrative and fiduciary soundness of the association; and
      - (vi) the expected effectiveness, operational transparency, and equitability of the [fishery](/usc/16/1802.md?p=13) association plan.
  - (5) **Allocation—** In developing a [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1) to harvest [fish](/usc/16/1802.md?p=12) a [Council](/usc/16/460mmm–1.md?p=2) or the [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) establish procedures to ensure fair and equitable initial allocations, including consideration of—
      - (i) current and historical harvests;
      - (ii) employment in the harvesting and processing sectors;
      - (iii) investments in, and dependence upon, the [fishery](/usc/16/1802.md?p=13); and
      - (iv) the current and historical participation of [fishing communities](/usc/16/1802.md?p=17);
    - (B) consider the basic cultural and social framework of the [fishery](/usc/16/1802.md?p=13), especially through—
      - (i) the development of policies to promote the sustained participation of small [owner](/usc/16/429b–3.md?p=4)-operated [fishing vessels](/usc/16/1802.md?p=18) and [fishing communities](/usc/16/1802.md?p=17) that depend on the [fisheries](/usc/16/1802.md?p=13), including regional or port-specific landing or delivery requirements; and
      - (ii) procedures to address concerns over excessive geographic or other consolidation in the harvesting or processing sectors of the [fishery](/usc/16/1802.md?p=13);
    - (C) include measures to assist, when necessary and appropriate, entry-level and small vessel [owner](/usc/16/429b–3.md?p=4)-operators, captains, crew, and [fishing communities](/usc/16/1802.md?p=17) through set-asides of harvesting allocations, including providing privileges, which may include set-asides or allocations of harvesting privileges, or economic assistance in the purchase of [limited access privileges](/usc/16/1802.md?p=26);
    - (D) ensure that [limited access privilege](/usc/16/1802.md?p=26) holders do not [acquire](/usc/16/620e.md?p=1) an excessive share of the total [limited access privileges](/usc/16/1802.md?p=26) in the [program](/usc/16/460ss–6.md?p=1) by—
      - (i) establishing a maximum share, expressed as a percentage of the total [limited access privileges](/usc/16/1802.md?p=26), that a [limited access privilege](/usc/16/1802.md?p=26) holder is permitted to hold, [acquire](/usc/16/620e.md?p=1), or use; and
      - (ii) establishing any other limitations or measures necessary to prevent an inequitable concentration of [limited access privileges](/usc/16/1802.md?p=26); and
    - (E) authorize [limited access privileges](/usc/16/1802.md?p=26) to harvest [fish](/usc/16/1802.md?p=12) to be held, acquired, used by, or issued under the [system](/usc/16/668ee.md?p=14) to [persons](/usc/16/1802.md?p=36) who substantially participate in the [fishery](/usc/16/1802.md?p=13), including in a specific sector of such [fishery](/usc/16/1802.md?p=13), as specified by the [Council](/usc/16/460mmm–1.md?p=2).
  - (6) **Program initiation—**
    - (A) **Limitation—** Except as provided in [subparagraph (D)](#c-6-D), a [Council](/usc/16/460mmm–1.md?p=2) may initiate a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or amendment to establish a [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1) to harvest [fish](/usc/16/1802.md?p=12) on its own initiative or if the [Secretary](/usc/16/1802.md?p=39) has certified an appropriate petition.
    - (B) **Petition—** A group of fishermen constituting more than 50 percent of the permit holders, or holding more than 50 percent of the allocation, in the [fishery](/usc/16/1802.md?p=13) for which a [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1) to harvest [fish](/usc/16/1802.md?p=12) is sought, may submit a petition to the [Secretary](/usc/16/1802.md?p=39) requesting that the relevant [Council](/usc/16/460mmm–1.md?p=2) or [Councils](/usc/16/5102.md?p=5) with authority over the [fishery](/usc/16/1802.md?p=13) be authorized to initiate the development of the [program](/usc/16/460ss–6.md?p=1). Any such petition shall clearly [state](/usc/16/1802.md?p=40) the [fishery](/usc/16/1802.md?p=13) to which the [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1) would apply. For multispecies permits in the Gulf of Mexico, only those participants who have substantially fished the species proposed to be included in the limited access [program](/usc/16/460ss–6.md?p=1) shall be eligible to sign a petition for such a [program](/usc/16/460ss–6.md?p=1) and shall serve as the basis for determining the percentage described in the first sentence of this subparagraph.
    - (C) **Certification by Secretary—** Upon the receipt of any such petition, the [Secretary](/usc/16/1802.md?p=39) shall review all of the signatures on the petition and, if the [Secretary](/usc/16/1802.md?p=39) determines that the signatures on the petition represent more than 50 percent of the permit holders, or holders of more than 50 percent of the allocation in the [fishery](/usc/16/1802.md?p=13), as described by [subparagraph (B)](#c-6-B), the [Secretary](/usc/16/1802.md?p=39) shall certify the petition to the appropriate [Council](/usc/16/460mmm–1.md?p=2) or [Councils](/usc/16/5102.md?p=5).
    - (D) **New England and Gulf referendum—**
      - (i) Except as provided in [clause (iii)](#c-6-D-iii) for the Gulf of Mexico commercial red snapper [fishery](/usc/16/1802.md?p=13), the New England and Gulf [Councils](/usc/16/5102.md?p=5) may not submit, and the [Secretary](/usc/16/1802.md?p=39) may not approve or implement, a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or amendment that creates an [individual fishing quota](#c-6-D-vi) [program](/usc/16/460ss–6.md?p=1), including a Secretarial plan, unless such a [system](/usc/16/668ee.md?p=14), as ultimately developed, has been approved by more than ⅔ of those voting in a referendum among eligible permit holders, or other [persons](/usc/16/1802.md?p=36) described in [clause (v)](#c-6-D-v), with respect to the New England [Council](/usc/16/460mmm–1.md?p=2), and by a majority of those voting in the referendum among eligible permit holders with respect to the Gulf [Council](/usc/16/460mmm–1.md?p=2). For multispecies permits in the Gulf of Mexico, only those participants who have substantially fished the species proposed to be included in the [individual fishing quota](#c-6-D-vi) [program](/usc/16/460ss–6.md?p=1) shall be eligible to vote in such a referendum. If an [individual fishing quota](#c-6-D-vi) [program](/usc/16/460ss–6.md?p=1) fails to be approved by the requisite number of those voting, it may be revised and submitted for approval in a subsequent referendum.
      - (ii) The [Secretary](/usc/16/1802.md?p=39) shall conduct a referendum under this subparagraph, including notifying all [persons](/usc/16/1802.md?p=36) eligible to participate in the referendum and making available to them information concerning the schedule, procedures, and eligibility requirements for the referendum process and the proposed [individual fishing quota](#c-6-D-vi) [program](/usc/16/460ss–6.md?p=1). Within 1 year after January 12, 2007, the [Secretary](/usc/16/1802.md?p=39) shall publish guidelines and procedures to determine procedures and voting eligibility requirements for referenda and to conduct such referenda in a fair and equitable manner.
      - (iii) The provisions of [section 1883(c) of this title](/usc/16/1883.md?p=c) shall apply in lieu of this subparagraph for an [individual fishing quota](#c-6-D-vi) [program](/usc/16/460ss–6.md?p=1) for the Gulf of Mexico commercial red snapper [fishery](/usc/16/1802.md?p=13).
      - (iv) [Chapter 35](/usc/44/ch35.md) of title 44 (commonly known as the Paperwork Reduction Act) does not apply to the referenda conducted under this subparagraph.
      - (v) The [Secretary](/usc/16/1802.md?p=39) shall promulgate criteria for determining whether additional [fishery](/usc/16/1802.md?p=13) participants are eligible to vote in the New England referendum described in [clause (i)](#c-6-D-i) in order to ensure that crew members who derive a significant percentage of their total income from the [fishery](/usc/16/1802.md?p=13) under the proposed [program](/usc/16/460ss–6.md?p=1) are eligible to vote in the referendum.
      - (vi) In this subparagraph, the term “individual fishing quota” does not include a sector allocation.
  - (7) **Transferability—** In establishing a [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1), a [Council](/usc/16/460mmm–1.md?p=2) shall—
    - (A) establish a policy and criteria for the transferability of [limited access privileges](/usc/16/1802.md?p=26) (through sale or lease), that is consistent with the policies adopted by the [Council](/usc/16/460mmm–1.md?p=2) for the [fishery](/usc/16/1802.md?p=13) under [paragraph (5)](#c-5); and
    - (B) establish, in coordination with the [Secretary](/usc/16/1802.md?p=39), a process for monitoring of transfers (including sales and leases) of [limited access privileges](/usc/16/1802.md?p=26).
  - (8) **Preparation and implementation of secretarial plans—** This subsection also applies to a plan prepared and implemented by the [Secretary](/usc/16/1802.md?p=39) under section [1854(c)](/usc/16/1854.md?p=c) or [1854(g)](/usc/16/1854.md?p=g) of this title.
  - (9) **Antitrust savings clause—** Nothing in this chapter shall be construed to modify, impair, or supersede the operation of any of the antitrust laws. For purposes of the preceding sentence, the term “antitrust laws” has the meaning given such term in subsection (a) of [section 12 of title 15](/usc/15/12.md), except that such term includes [section 45 of title 15](/usc/15/45.md) to the extent that such [section 45](/usc/16/45.md) applies to unfair methods of competition.
- (d) **Auction and other programs—** In establishing a [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1), a [Council](/usc/16/460mmm–1.md?p=2) shall consider, and may provide, if appropriate, an auction [system](/usc/16/668ee.md?p=14) or other [program](/usc/16/460ss–6.md?p=1) to collect royalties for the initial, or any subsequent, distribution of allocations in a [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1) if—
  - (1) the [system](/usc/16/668ee.md?p=14) or [program](/usc/16/460ss–6.md?p=1) is administered in such a way that the resulting distribution of [limited access privilege](/usc/16/1802.md?p=26) shares meets the [program](/usc/16/460ss–6.md?p=1) requirements of this section; and
  - (2) revenues generated through such a royalty [program](/usc/16/460ss–6.md?p=1) are deposited in the [Limited Access System](/usc/16/1802.md?p=27) Administration [Fund](/usc/16/1421h.md?p=2) established by [section 1855(h)(5)(B) of this title](/usc/16/1855.md?p=h-5-B) and available subject to annual appropriations.
- (e) **Cost recovery—** In establishing a [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1), a [Council](/usc/16/460mmm–1.md?p=2) shall—
  - (1) develop a methodology and the means to identify and assess the management, data collection and analysis, and enforcement [programs](/usc/16/460ss–6.md?p=1) that are directly related to and in support of the [program](/usc/16/460ss–6.md?p=1); and
  - (2) provide, under [section 1854(d)(2) of this title](/usc/16/1854.md?p=d-2), for a [program](/usc/16/460ss–6.md?p=1) of fees paid by [limited access privilege](/usc/16/1802.md?p=26) holders that will cover the costs of management, data collection and analysis, and enforcement activities.
- (f) **Characteristics—** A [limited access privilege](/usc/16/1802.md?p=26) established after January 12, 2007, is a permit issued for a period of not more than 10 years that—
  - (1) will be renewed before the end of that period, unless it has been revoked, limited, or modified as provided in this subsection;
  - (2) will be revoked, limited, or modified if the holder is found by the [Secretary](/usc/16/1802.md?p=39), after notice and an opportunity for a hearing under [section 554 of title 5](/usc/5/554.md), to have failed to comply with any term of the plan identified in the plan as cause for revocation, limitation, or modification of a permit, which may include [conservation](/usc/16/6456.md?p=2) requirements established under the plan;
  - (3) may be revoked, limited, or modified if the holder is found by the [Secretary](/usc/16/1802.md?p=39), after notice and an opportunity for a hearing under [section 554 of title 5](/usc/5/554.md), to have committed an act prohibited by [section 1857 of this title](/usc/16/1857.md); and
  - (4) may be acquired, or reacquired, by participants in the [program](/usc/16/460ss–6.md?p=1) under a mechanism established by the [Council](/usc/16/460mmm–1.md?p=2) if it has been revoked, limited, or modified under paragraph [(2)](#f-2) or [(3)](#f-3).
- (g) **Limited access privilege assisted purchase program—**
  - (1) **In general—** A [Council](/usc/16/460mmm–1.md?p=2) may submit, and the [Secretary](/usc/16/1802.md?p=39) may approve and implement, a [program](/usc/16/460ss–6.md?p=1) which reserves up to 25 percent of any fees collected from a [fishery](/usc/16/1802.md?p=13) under [section 1854(d)(2) of this title](/usc/16/1854.md?p=d-2) to be used, pursuant to [section 53706(a)(7) of title 46](/usc/46/53706.md?p=a-7), to issue obligations that aid in financing—
    - (A) the purchase of [limited access privileges](/usc/16/1802.md?p=26) in that [fishery](/usc/16/1802.md?p=13) by fishermen who [fish](/usc/16/1802.md?p=12) from small vessels; and
    - (B) the first-time purchase of [limited access privileges](/usc/16/1802.md?p=26) in that [fishery](/usc/16/1802.md?p=13) by entry level fishermen.
  - (2) **Eligibility criteria—** A [Council](/usc/16/460mmm–1.md?p=2) making a submission under [paragraph (1)](#g-1) shall recommend criteria, consistent with the [provisions of this chapter](/usc/16/1861.md?p=j-1), that a fisherman must meet to qualify for guarantees under subparagraphs [(A)](#g-1-A) and [(B)](#g-1-B) of paragraph (1) and the portion of [funds](/usc/16/1421h.md?p=2) to be allocated for guarantees under each subparagraph.
- (h) **Effect on certain existing shares and programs—** Nothing in this chapter, or the amendments made by the Magnuson-Stevens [Fishery](/usc/16/1802.md?p=13) [Conservation and Management](/usc/16/1802.md?p=5) Reauthorization Act of 2006, shall be construed to require a reallocation or a reevaluation of individual quota shares, processor quota shares, cooperative [programs](/usc/16/460ss–6.md?p=1), or other quota [programs](/usc/16/460ss–6.md?p=1), including sector allocation in effect before January 12, 2007.
- (i) **Transition rules—** The requirements of this section shall not apply to any quota [program](/usc/16/460ss–6.md?p=1), including any individual quota [program](/usc/16/460ss–6.md?p=1), cooperative [program](/usc/16/460ss–6.md?p=1), or sector allocation for which a [Council](/usc/16/460mmm–1.md?p=2) has taken final action or which has been submitted by a [Council](/usc/16/460mmm–1.md?p=2) to the [Secretary](/usc/16/1802.md?p=39), or approved by the [Secretary](/usc/16/1802.md?p=39), within 6 months after January 12, 2007, except that—
  - (1) the requirements of [section 1853(d) of this title](/usc/16/1853.md) in effect on the day before January 12, 2007, shall apply to any such [program](/usc/16/460ss–6.md?p=1);
  - (2) the [program](/usc/16/460ss–6.md?p=1) shall be subject to review under [subsection (c)(1)(G)](#c-1-G) of this section not later than 5 years after the [program](/usc/16/460ss–6.md?p=1) implementation; and
  - (3) nothing in this subsection precludes a [Council](/usc/16/460mmm–1.md?p=2) from incorporating criteria contained in this section into any such plans.

# §1854. Action by Secretary

- (a) **Review of plans—**
  - (1) Upon transmittal by the [Council](/usc/16/460mmm–1.md?p=2) to the [Secretary](/usc/16/1802.md?p=39) of a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or plan amendment, the [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) [immediately](#a-5) commence a review of the plan or amendment to determine whether it is consistent with the [national standards](/usc/16/1802.md?p=30), the other [provisions of this chapter](/usc/16/1861.md?p=j-1), and any other applicable law; and
    - (B) [immediately](#a-5) 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](/usc/16/1802.md?p=36) on the plan or amendment may be submitted to the [Secretary](/usc/16/1802.md?p=39) during the 60-day period beginning on the date the notice is published.
  - (2) In undertaking the review required under [paragraph (1)](#a-1), the [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) take into account the information, views, and comments received from interested [persons](/usc/16/1802.md?p=36);
    - (B) consult with the Secretary of State with respect to [foreign fishing](/usc/16/1802.md?p=19); and
    - (C) consult with the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating with respect to enforcement at sea and to [fishery](/usc/16/1802.md?p=13) access adjustments referred to in [section 1853(a)(6) of this title](/usc/16/1853.md?p=a-6).
  - (3) The [Secretary](/usc/16/1802.md?p=39) shall approve, disapprove, or partially approve a plan or amendment within 30 days of the end of the comment period under [paragraph (1)](#a-1) by written notice to the [Council](/usc/16/460mmm–1.md?p=2). 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](/usc/16/460mmm–1.md?p=2) to conform such plan or amendment to the requirements of applicable law.

    If the [Secretary](/usc/16/1802.md?p=39) does not notify a [Council](/usc/16/460mmm–1.md?p=2) 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.

  - (4) If the [Secretary](/usc/16/1802.md?p=39) disapproves or partially approves a plan or amendment, the [Council](/usc/16/460mmm–1.md?p=2) may submit a revised plan or amendment to the [Secretary](/usc/16/1802.md?p=39) for review under this subsection.
  - (5) For purposes of this subsection and [subsection (b)](#b), the term “immediately” means on or before the 5th day after the day on which a [Council](/usc/16/460mmm–1.md?p=2) transmits to the [Secretary](/usc/16/1802.md?p=39) a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), plan amendment, or proposed regulation that the [Council](/usc/16/460mmm–1.md?p=2) characterizes as final.
- (b) **Review of regulations—**
  - (1) Upon transmittal by the [Council](/usc/16/460mmm–1.md?p=2) to the [Secretary](/usc/16/1802.md?p=39) of proposed regulations prepared under [section 1853(c) of this title](/usc/16/1853.md?p=c), the [Secretary](/usc/16/1802.md?p=39) shall immediately initiate an evaluation of the proposed regulations to determine whether they are consistent with the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), plan amendment, this chapter and other applicable law. Within 15 days of initiating such evaluation the [Secretary](/usc/16/1802.md?p=39) shall make a determination and—
    - (A) if that determination is affirmative, the [Secretary](/usc/16/1802.md?p=39) 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](/usc/16/1802.md?p=39) shall notify the [Council](/usc/16/460mmm–1.md?p=2) in writing of the inconsistencies and provide recommendations on revisions that would make the proposed regulations consistent with the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), plan amendment, this chapter, and other applicable law.
  - (2) Upon receiving a notification under [paragraph (1)(B)](#b-1-B), the [Council](/usc/16/460mmm–1.md?p=2) may revise the proposed regulations and submit them to the [Secretary](/usc/16/1802.md?p=39) for reevaluation under [paragraph (1)](#b-1).
  - (3) The [Secretary](/usc/16/1802.md?p=39) shall promulgate final regulations within 30 days after the end of the comment period under [paragraph (1)(A)](#b-1-A). The [Secretary](/usc/16/1802.md?p=39) shall consult with the [Council](/usc/16/460mmm–1.md?p=2) 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.
- (c) **Preparation and review of Secretarial plans—**
  - (1) The [Secretary](/usc/16/1802.md?p=39) may prepare a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), with respect to any [fishery](/usc/16/1802.md?p=13), or any amendment to any such plan, in accordance with the [national standards](/usc/16/1802.md?p=30), the other [provisions of this chapter](/usc/16/1861.md?p=j-1), and any other applicable law, if—
    - (A) the appropriate [Council](/usc/16/460mmm–1.md?p=2) fails to develop and submit to the [Secretary](/usc/16/1802.md?p=39), after a reasonable period of time, a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) for such [fishery](/usc/16/1802.md?p=13), or any necessary amendment to such a plan, if such [fishery](/usc/16/1802.md?p=13) requires [conservation and management](/usc/16/1802.md?p=5);
    - (B) the [Secretary](/usc/16/1802.md?p=39) disapproves or partially disapproves any such plan or amendment, or disapproves a revised plan or amendment, and the [Council](/usc/16/460mmm–1.md?p=2) involved fails to submit a revised or further revised plan or amendment; or
    - (C) the [Secretary](/usc/16/1802.md?p=39) is given authority to prepare such plan or amendment under this section.
  - (2) In preparing any plan or amendment under this subsection, the [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) conduct public hearings, at appropriate times and locations in the geographical [areas](/usc/16/539m–1.md?p=1-A) concerned, so as to allow interested [persons](/usc/16/1802.md?p=36) 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](/usc/16/1802.md?p=19) and with the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating with respect to enforcement at sea.
  - (3) Notwithstanding [paragraph (1)](#c-1) for a [fishery](/usc/16/1802.md?p=13) under the authority of a [Council](/usc/16/460mmm–1.md?p=2), the [Secretary](/usc/16/1802.md?p=39) may not include in any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), or any amendment to any such plan, prepared by him, a provision establishing a [limited access system](/usc/16/1802.md?p=27), including any [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1), unless such [system](/usc/16/668ee.md?p=14) is first approved by a majority of the voting members, present and voting, of each appropriate [Council](/usc/16/460mmm–1.md?p=2).
  - (4) Whenever the [Secretary](/usc/16/1802.md?p=39) prepares a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or plan amendment under this section, the [Secretary](/usc/16/1802.md?p=39) shall immediately—
    - (A) for a plan or amendment for a [fishery](/usc/16/1802.md?p=13) under the authority of a [Council](/usc/16/460mmm–1.md?p=2), submit such plan or amendment to the appropriate [Council](/usc/16/460mmm–1.md?p=2) for consideration and comment; and
    - (B) 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](/usc/16/1802.md?p=36) on the plan or amendment may be submitted to the [Secretary](/usc/16/1802.md?p=39) 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)](#c-4-A), the appropriate [Council](/usc/16/460mmm–1.md?p=2) must submit its comments and recommendations, if any, regarding the plan or amendment to the [Secretary](/usc/16/1802.md?p=39) before the close of the 60-day period referred to in [paragraph (4)(B)](#c-4-B). After the close of such 60-day period, the [Secretary](/usc/16/1802.md?p=39), after taking into account any such comments and recommendations, as well as any views, information, or comments submitted under [paragraph (4)(B)](#c-4-B), may adopt such plan or amendment.
  - (6) The [Secretary](/usc/16/1802.md?p=39) may propose regulations in the Federal Register to implement any plan or amendment prepared by the [Secretary](/usc/16/1802.md?p=39). In the case of a plan or amendment to which [paragraph (4)(A)](#c-4-A) applies, such regulations shall be submitted to the [Council](/usc/16/460mmm–1.md?p=2) with such plan or amendment. The comment period on proposed regulations shall be 60 days, except that the [Secretary](/usc/16/1802.md?p=39) may shorten the comment period on minor revisions to existing regulations.
  - (7) The [Secretary](/usc/16/1802.md?p=39) shall promulgate final regulations within 30 days after the end of the comment period under [paragraph (6)](#c-6). The [Secretary](/usc/16/1802.md?p=39) 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](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), with the [national standards](/usc/16/1802.md?p=30) and other [provisions of this chapter](/usc/16/1861.md?p=j-1), and with any other applicable law.
- (d) **Establishment of fees—**
  - (1) The [Secretary](/usc/16/1802.md?p=39) shall by regulation establish the level of any fees which are authorized to be charged pursuant to [section 1853(b)(1) of this title](/usc/16/1853.md?p=b-1). The [Secretary](/usc/16/1802.md?p=39) may enter into a cooperative agreement with the [States](/usc/16/544.md?p=r) concerned under which the [States](/usc/16/544.md?p=r) administer the permit [system](/usc/16/668ee.md?p=14) and the agreement may provide that all or part of the fees collected under the [system](/usc/16/668ee.md?p=14) shall accrue to the [States](/usc/16/544.md?p=r). The level of fees charged under this subsection shall not exceed the administrative costs incurred in issuing the permits.
  - (2)
    - (A) Notwithstanding [paragraph (1)](#d-1), the [Secretary](/usc/16/1802.md?p=39) is authorized and shall collect a fee to recover the actual costs directly related to the management, data collection, and enforcement of any—
      - (i) [limited access privilege](/usc/16/1802.md?p=26) [program](/usc/16/460ss–6.md?p=1); and
      - (ii) community development quota [program](/usc/16/460ss–6.md?p=1) that allocates a percentage of the total allowable catch of a [fishery](/usc/16/1802.md?p=13) to such [program](/usc/16/460ss–6.md?p=1).
    - (B) Such fee shall not exceed 3 percent of the ex-vessel value of [fish](/usc/16/1802.md?p=12) harvested under any such [program](/usc/16/460ss–6.md?p=1), and shall be collected at either the time of the landing, filing of a landing report, or sale of such [fish](/usc/16/1802.md?p=12) during a [fishing](/usc/16/1802.md?p=16) season or in the last quarter of the calendar year in which the [fish](/usc/16/1802.md?p=12) is harvested.
    - (C)
      - (i) Fees collected under this paragraph shall be in [addition](/usc/16/410r–5.md?p=c-2) to any other fees charged under this chapter and shall be deposited in the [Limited Access System](/usc/16/1802.md?p=27) Administration [Fund](/usc/16/1421h.md?p=2) established under [section 1855(h)(5)(B) of this title](/usc/16/1855.md?p=h-5-B).
      - (ii) Upon application by a [State](/usc/16/1802.md?p=40), the [Secretary](/usc/16/1802.md?p=39) shall transfer to such [State](/usc/16/1802.md?p=40) up to 33 percent of any fee collected pursuant to [subparagraph (A)](#d-2-A) under a community development quota [program](/usc/16/460ss–6.md?p=1) and deposited in the [Limited Access System](/usc/16/1802.md?p=27) Administration [Fund](/usc/16/1421h.md?p=2) in order to reimburse such [State](/usc/16/1802.md?p=40) for actual costs directly incurred in the management and enforcement of such [program](/usc/16/460ss–6.md?p=1).
- (e) **Rebuilding overfished fisheries—**
  - (1) The [Secretary](/usc/16/1802.md?p=39) shall report annually to the Congress and the [Councils](/usc/16/5102.md?p=5) on the status of [fisheries](/usc/16/1802.md?p=13) within each [Council](/usc/16/460mmm–1.md?p=2)’s geographical [area](/usc/16/539m–1.md?p=1-A) of authority and identify those [fisheries](/usc/16/1802.md?p=13) that are [overfished](/usc/16/1802.md?p=34) or are approaching a condition of being [overfished](/usc/16/1802.md?p=34). For those [fisheries](/usc/16/1802.md?p=13) managed under a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or international agreement, the status shall be determined using the criteria for [overfishing](/usc/16/1802.md?p=34) specified in such plan or agreement. A [fishery](/usc/16/1802.md?p=13) shall be classified as approaching a condition of being [overfished](/usc/16/1802.md?p=34) if, based on trends in [fishing](/usc/16/1802.md?p=16) effort, [fishery resource](/usc/16/1802.md?p=15) size, and other appropriate factors, the [Secretary](/usc/16/1802.md?p=39) estimates that the [fishery](/usc/16/1802.md?p=13) will become [overfished](/usc/16/1802.md?p=34) within two years.
  - (2) If the [Secretary](/usc/16/1802.md?p=39) determines at any time that a [fishery](/usc/16/1802.md?p=13) is [overfished](/usc/16/1802.md?p=34), the [Secretary](/usc/16/1802.md?p=39) shall immediately notify the appropriate [Council](/usc/16/460mmm–1.md?p=2) and request that action be taken to end [overfishing](/usc/16/1802.md?p=34) in the [fishery](/usc/16/1802.md?p=13) and to implement [conservation and management](/usc/16/1802.md?p=5) measures to rebuild affected stocks of [fish](/usc/16/1802.md?p=12). The [Secretary](/usc/16/1802.md?p=39) shall publish each notice under this paragraph in the Federal Register.
  - (3) Within 2 years after an identification under [paragraph (1)](#e-1) or notification under paragraphs [(2)](#e-2) or [(7)](#e-7), the appropriate [Council](/usc/16/460mmm–1.md?p=2) (or the [Secretary](/usc/16/1802.md?p=39), for [fisheries](/usc/16/1802.md?p=13) under [section 1852(a)(3) of this title](/usc/16/1852.md?p=a-3)) shall prepare and implement a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), plan amendment, or proposed regulations for the [fishery](/usc/16/1802.md?p=13) to which the identification or notice applies—
    - (A) to end [overfishing](/usc/16/1802.md?p=34) immediately in the [fishery](/usc/16/1802.md?p=13) and to rebuild affected stocks of [fish](/usc/16/1802.md?p=12); or
    - (B) to prevent [overfishing](/usc/16/1802.md?p=34) from occurring in the [fishery](/usc/16/1802.md?p=13) whenever such [fishery](/usc/16/1802.md?p=13) is identified as approaching an [overfished](/usc/16/1802.md?p=34) condition.
  - (4) For a [fishery](/usc/16/1802.md?p=13) that is [overfished](/usc/16/1802.md?p=34), any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), amendment, or proposed regulations prepared pursuant to [paragraph (3)](#e-3) or [paragraph (5)](#e-5) for such [fishery](/usc/16/1802.md?p=13) shall—
    - (A) specify a time period for rebuilding the [fishery](/usc/16/1802.md?p=13) that shall—
      - (i) be as short as possible, taking into account the status and biology of any [overfished](/usc/16/1802.md?p=34) stocks of [fish](/usc/16/1802.md?p=12), the needs of [fishing communities](/usc/16/1802.md?p=17), recommendations by international organizations in which the [United States](/usc/16/1802.md?p=45) participates, and the interaction of the [overfished](/usc/16/1802.md?p=34) [stock of fish](/usc/16/1802.md?p=42) within the marine ecosystem; and
      - (ii) not exceed 10 years, except in cases where the biology of the [stock of fish](/usc/16/1802.md?p=42), other environmental conditions, or management measures under an international agreement in which the [United States](/usc/16/1802.md?p=45) participates dictate otherwise;
    - (B) allocate both [overfishing](/usc/16/1802.md?p=34) restrictions and recovery benefits fairly and equitably among sectors of the [fishery](/usc/16/1802.md?p=13); and
    - (C) for [fisheries](/usc/16/1802.md?p=13) managed under an international agreement, reflect traditional participation in the [fishery](/usc/16/1802.md?p=13), relative to other nations, by fishermen of the [United States](/usc/16/1802.md?p=45).
  - (5) If, within the 2-year period beginning on the date of identification or notification that a [fishery](/usc/16/1802.md?p=13) is [overfished](/usc/16/1802.md?p=34), the [Council](/usc/16/460mmm–1.md?p=2) does not submit to the [Secretary](/usc/16/1802.md?p=39) a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), plan amendment, or proposed regulations required by [paragraph (3)(A)](#e-3-A), the [Secretary](/usc/16/1802.md?p=39) shall prepare a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or plan amendment and any accompanying regulations to stop [overfishing](/usc/16/1802.md?p=34) and rebuild affected stocks of [fish](/usc/16/1802.md?p=12) within 9 months under [subsection (c)](#c).
  - (6) During the development of a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), a plan amendment, or proposed regulations required by this subsection, the [Council](/usc/16/460mmm–1.md?p=2) may request the [Secretary](/usc/16/1802.md?p=39) to implement interim measures to reduce [overfishing](/usc/16/1802.md?p=34) under [section 1855(c) of this title](/usc/16/1855.md?p=c) until such measures can be replaced by such plan, amendment, or regulations. Such measures, if otherwise in compliance with the [provisions of this chapter](/usc/16/1861.md?p=j-1), may be implemented even though they are not sufficient by themselves to stop [overfishing](/usc/16/1802.md?p=34) of a [fishery](/usc/16/1802.md?p=13).
  - (7) The [Secretary](/usc/16/1802.md?p=39) shall review any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), plan amendment, or regulations required by this subsection at routine intervals that may not exceed two years. If the [Secretary](/usc/16/1802.md?p=39) finds as a result of the review that such plan, amendment, or regulations have not resulted in adequate progress toward ending [overfishing](/usc/16/1802.md?p=34) and rebuilding affected [fish](/usc/16/1802.md?p=12) stocks, the [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) in the case of a [fishery](/usc/16/1802.md?p=13) to which [section 1852(a)(3) of this title](/usc/16/1852.md?p=a-3) applies, immediately make revisions necessary to achieve adequate progress; or
    - (B) for all other [fisheries](/usc/16/1802.md?p=13), immediately notify the appropriate [Council](/usc/16/460mmm–1.md?p=2). Such notification shall recommend further [conservation and management](/usc/16/1802.md?p=5) measures which the [Council](/usc/16/460mmm–1.md?p=2) should consider under [paragraph (3)](#e-3) to achieve adequate progress.
- (f) **Fisheries under authority of more than one Council—**
  - (1) Except as provided in paragraph (3),[^1] if any [fishery](/usc/16/1802.md?p=13) extends beyond the geographical [area](/usc/16/539m–1.md?p=1-A) of authority of any one [Council](/usc/16/460mmm–1.md?p=2), the [Secretary](/usc/16/1802.md?p=39) may—
    - (A) designate which [Council](/usc/16/460mmm–1.md?p=2) shall prepare the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) for such [fishery](/usc/16/1802.md?p=13) and any amendment to such plan; or
    - (B) may require that the plan and amendment be prepared jointly by the [Councils](/usc/16/5102.md?p=5) concerned.

    No jointly prepared plan or amendment may be submitted to the [Secretary](/usc/16/1802.md?p=39) unless it is approved by a majority of the voting members, present and voting, of each [Council](/usc/16/460mmm–1.md?p=2) concerned.

  - (2) The [Secretary](/usc/16/1802.md?p=39) shall establish the boundaries between the geographical [areas](/usc/16/539m–1.md?p=1-A) of authority of adjacent [Councils](/usc/16/5102.md?p=5).
- (g) **Atlantic highly migratory species—**
  - (1) **Preparation and implementation of plan or plan amendment—** The [Secretary](/usc/16/1802.md?p=39) shall prepare a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or plan amendment under [subsection (c)](#c) with respect to any [highly migratory species](/usc/16/1802.md?p=21) [fishery](/usc/16/1802.md?p=13) to which [section 1852(a)(3) of this title](/usc/16/1852.md?p=a-3) applies. In preparing and implementing any such plan or amendment, the [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) consult with and consider the comments and views of affected [Councils](/usc/16/5102.md?p=5), [commissioners](/usc/16/3601.md?p=3) and advisory groups appointed under Acts implementing relevant [international fishery agreements](/usc/16/1802.md?p=24) pertaining to [highly migratory species](/usc/16/1802.md?p=21), and the advisory panel established under [section 1852(g) of this title](/usc/16/1852.md?p=g);
    - (B) establish an advisory panel under [section 1852(g) of this title](/usc/16/1852.md?p=g) for each [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) to be prepared under this paragraph;
    - (C) evaluate the likely effects, if any, of [conservation and management](/usc/16/1802.md?p=5) measures on participants in the affected [fisheries](/usc/16/1802.md?p=13) and minimize, to the extent practicable, any disadvantage to [United States](/usc/16/1802.md?p=45) fishermen in relation to foreign competitors;
    - (D) with respect to a [highly migratory species](/usc/16/1802.md?p=21) for which the [United States](/usc/16/1802.md?p=45) is authorized to harvest an allocation, quota, or at a [fishing](/usc/16/1802.md?p=16) mortality level under a relevant [international fishery agreement](/usc/16/1802.md?p=24), provide [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) with a reasonable opportunity to harvest such allocation, quota, or at such [fishing](/usc/16/1802.md?p=16) mortality level;
    - (E) review, on a continuing basis (and promptly whenever a recommendation pertaining to [fishing](/usc/16/1802.md?p=16) for [highly migratory species](/usc/16/1802.md?p=21) has been made under a relevant [international fishery agreement](/usc/16/1802.md?p=24)), and revise as appropriate, the [conservation and management](/usc/16/1802.md?p=5) measures included in the plan;
    - (F) diligently pursue, through international entities (such as the International [Commission](/usc/16/410cc–1.md?p=3) for the [Conservation](/usc/16/6456.md?p=2) of Atlantic Tunas), comparable international [fishery](/usc/16/1802.md?p=13) management measures with respect to [fishing](/usc/16/1802.md?p=16) for [highly migratory species](/usc/16/1802.md?p=21); and
    - (G) ensure that [conservation and management](/usc/16/1802.md?p=5) measures under this subsection—
      - (i) promote international [conservation](/usc/16/6456.md?p=2) of the affected [fishery](/usc/16/1802.md?p=13);
      - (ii) take into consideration traditional [fishing](/usc/16/1802.md?p=16) patterns of [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) and the operating requirements of the [fisheries](/usc/16/1802.md?p=13);
      - (iii) are fair and equitable in allocating [fishing](/usc/16/1802.md?p=16) privileges among [United States](/usc/16/1802.md?p=45) fishermen and do not have economic allocation as the sole purpose; and
      - (iv) promote, to the extent practicable, implementation of scientific research [programs](/usc/16/460ss–6.md?p=1) that include the tagging and release of Atlantic [highly migratory species](/usc/16/1802.md?p=21).
  - (2) **Certain fish excluded from “bycatch” definition—** Notwithstanding [section 1802(2) of this title](/usc/16/1802.md?p=2), [fish](/usc/16/1802.md?p=12) harvested in a commercial [fishery](/usc/16/1802.md?p=13) managed by the [Secretary](/usc/16/1802.md?p=39) under this subsection or the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 971d](/usc/16/971d.md)), or [highly migratory species](/usc/16/1802.md?p=21) harvested in a commercial [fishery](/usc/16/1802.md?p=13) managed by a [Council](/usc/16/460mmm–1.md?p=2) under this chapter or the Western and Central Pacific [Fisheries](/usc/16/1802.md?p=13) Convention Implementation Act [[16 U.S.C. 6901](/usc/16/6901.md) et seq.], that are not [regulatory discards](/usc/16/1802.md?p=38) and that are tagged and released alive under a scientific tagging and release [program](/usc/16/460ss–6.md?p=1) established by the [Secretary](/usc/16/1802.md?p=39) shall not be considered [bycatch](/usc/16/1802.md?p=2) for purposes of this chapter.
- (h) **Repeal or revocation of a fishery management plan—** The [Secretary](/usc/16/1802.md?p=39) may repeal or revoke a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) for a [fishery](/usc/16/1802.md?p=13) under the authority of a [Council](/usc/16/460mmm–1.md?p=2) only if the [Council](/usc/16/460mmm–1.md?p=2) approves the repeal or revocation by a three-quarters majority of the voting members of the [Council](/usc/16/460mmm–1.md?p=2).
- (i) **[^2] Environmental review process—**
  - (1) **Procedures—** The [Secretary](/usc/16/1802.md?p=39) shall, in consultation with the [Councils](/usc/16/5102.md?p=5) and the [Council](/usc/16/460mmm–1.md?p=2) on Environmental Quality, revise and update agency procedures for compliance with the National Environmental Policy Act ([42 U.S.C. 4231](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s4231)) et seq.). The procedures shall—
    - (A) conform to the time lines for review and approval of [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3) 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](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3), 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.
  - (2) **Usage—** The updated agency procedures promulgated in accordance with this section used by the [Councils](/usc/16/5102.md?p=5) or the [Secretary](/usc/16/1802.md?p=39) shall be the sole environmental impact assessment procedure for [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3), amendments, regulations, or other actions taken or approved pursuant to this chapter.
  - (3) **Schedule for promulgation of final procedures—** The [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) propose revised procedures within 6 months after January 12, 2007;
    - (B) provide 90 days for public review and comments; and
    - (C) promulgate final procedures no later than 12 months after January 12, 2007.
  - (4) **Public participation—** The [Secretary](/usc/16/1802.md?p=39) is authorized and directed, in cooperation with the [Council](/usc/16/460mmm–1.md?p=2) on Environmental Quality and the [Councils](/usc/16/5102.md?p=5), to involve the affected public in the development of revised procedures, including workshops or other appropriate means of public involvement.
- (i) **[^2] International overfishing—** The provisions of this subsection shall apply in lieu of [subsection (e)](#e) to a [fishery](/usc/16/1802.md?p=13) that the [Secretary](/usc/16/1802.md?p=39) determines is [overfished](/usc/16/1802.md?p=34) or approaching a condition of being [overfished](/usc/16/1802.md?p=34) due to excessive international [fishing](/usc/16/1802.md?p=16) pressure, and for which there are no management measures to end [overfishing](/usc/16/1802.md?p=34) under an international agreement to which the [United States](/usc/16/1802.md?p=45) is a party. For such [fisheries](/usc/16/1802.md?p=13)—
  - (1) the [Secretary](/usc/16/1802.md?p=39), in cooperation with the Secretary of State,[^3] immediately take appropriate action at the international level to end the [overfishing](/usc/16/1802.md?p=34); and
  - (2) within 1 year after the [Secretary](/usc/16/1802.md?p=39)’s determination, the appropriate [Council](/usc/16/460mmm–1.md?p=2), or [Secretary](/usc/16/1802.md?p=39), for [fisheries](/usc/16/1802.md?p=13) under [section 1852(a)(3) of this title](/usc/16/1852.md?p=a-3) shall—
    - (A) develop recommendations for domestic regulations to address the relative impact of [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) on the stock and, if developed by a [Council](/usc/16/460mmm–1.md?p=2), the [Council](/usc/16/460mmm–1.md?p=2) shall submit such recommendations to the [Secretary](/usc/16/1802.md?p=39); and
    - (B) develop and submit recommendations to the Secretary of State, and to the Congress, for international actions that will end [overfishing](/usc/16/1802.md?p=34) in the [fishery](/usc/16/1802.md?p=13) and rebuild the affected stocks, taking into account the relative impact of vessels of other nations and vessels of the [United States](/usc/16/1802.md?p=45) on the relevant stock.

# §1855. Other requirements and authority

- (a) **Gear evaluation and notification of entry—**
  - (1) Not later than 18 months after October 11, 1996, the [Secretary](/usc/16/1802.md?p=39) shall publish in the Federal Register, after notice and an opportunity for public comment, a list of all [fisheries](/usc/16/1802.md?p=13)—
    - (A) under the authority of each [Council](/usc/16/460mmm–1.md?p=2) and all [fishing](/usc/16/1802.md?p=16) gear used in such [fisheries](/usc/16/1802.md?p=13), based on information submitted by the [Councils](/usc/16/5102.md?p=5) under [section 1853(a) of this title](/usc/16/1853.md?p=a); and
    - (B) to which [section 1852(a)(3) of this title](/usc/16/1852.md?p=a-3) applies and all [fishing](/usc/16/1802.md?p=16) gear used in such [fisheries](/usc/16/1802.md?p=13).
  - (2) The [Secretary](/usc/16/1802.md?p=39) shall include with such list guidelines for determining when [fishing](/usc/16/1802.md?p=16) gear or a [fishery](/usc/16/1802.md?p=13) is sufficiently different from those listed as to require notification under [paragraph (3)](#a-3).
  - (3) Effective 180 days after the publication of such list, no [person](/usc/16/1802.md?p=36) or vessel may employ [fishing](/usc/16/1802.md?p=16) gear or engage in a [fishery](/usc/16/1802.md?p=13) not included on such list without giving 90 days advance written notice to the appropriate [Council](/usc/16/460mmm–1.md?p=2), or the [Secretary](/usc/16/1802.md?p=39) with respect to a [fishery](/usc/16/1802.md?p=13) to which [section 1852(a)(3) of this title](/usc/16/1852.md?p=a-3) applies. A signed return receipt shall serve as adequate evidence of such notice and as the date upon which the 90-day period begins.
  - (4) A [Council](/usc/16/460mmm–1.md?p=2) may submit to the [Secretary](/usc/16/1802.md?p=39) any proposed changes to such list or such guidelines the [Council](/usc/16/460mmm–1.md?p=2) deems appropriate. The [Secretary](/usc/16/1802.md?p=39) shall publish a revised list, after notice and an opportunity for public comment, upon receiving any such proposed changes from a [Council](/usc/16/460mmm–1.md?p=2).
  - (5) A [Council](/usc/16/460mmm–1.md?p=2) may request the [Secretary](/usc/16/1802.md?p=39) to promulgate emergency regulations under [subsection (c)](#c) to prohibit any [persons](/usc/16/1802.md?p=36) or vessels from using an unlisted [fishing](/usc/16/1802.md?p=16) gear or engaging in an unlisted [fishery](/usc/16/1802.md?p=13) if the appropriate [Council](/usc/16/460mmm–1.md?p=2), or the [Secretary](/usc/16/1802.md?p=39) for [fisheries](/usc/16/1802.md?p=13) to which [section 1852(a)(3) of this title](/usc/16/1852.md?p=a-3) applies, determines that such unlisted gear or unlisted [fishery](/usc/16/1802.md?p=13) would compromise the effectiveness of [conservation and management](/usc/16/1802.md?p=5) efforts under this chapter.
  - (6) Nothing in this subsection shall be construed to permit a [person](/usc/16/1802.md?p=36) or vessel to engage in [fishing](/usc/16/1802.md?p=16) or employ [fishing](/usc/16/1802.md?p=16) gear when such [fishing](/usc/16/1802.md?p=16) or gear is prohibited or restricted by regulation under a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or plan amendment, or under other applicable law.
- (b) **Fish habitat—**
  - (1)
    - (A) The [Secretary](/usc/16/1802.md?p=39) shall, within 6 months of October 11, 1996, establish by regulation guidelines to assist the [Councils](/usc/16/5102.md?p=5) in the description and identification of [essential fish habitat](/usc/16/1802.md?p=10) in [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3) (including adverse impacts on such habitat) and in the consideration of actions to ensure the [conservation](/usc/16/6456.md?p=2) and enhancement of such habitat. The [Secretary](/usc/16/1802.md?p=39) shall set forth a schedule for the amendment of [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3) to include the identification of [essential fish habitat](/usc/16/1802.md?p=10) and for the review and updating of such identifications based on new scientific evidence or other relevant information.
    - (B) The [Secretary](/usc/16/1802.md?p=39), in consultation with participants in the [fishery](/usc/16/1802.md?p=13), shall provide each [Council](/usc/16/460mmm–1.md?p=2) with recommendations and information regarding each [fishery](/usc/16/1802.md?p=13) under that [Council](/usc/16/460mmm–1.md?p=2)’s authority to assist it in the identification of [essential fish habitat](/usc/16/1802.md?p=10), the adverse impacts on that habitat, and the actions that should be considered to ensure the [conservation](/usc/16/6456.md?p=2) and enhancement of that habitat.
    - (C) The [Secretary](/usc/16/1802.md?p=39) shall review [programs](/usc/16/460ss–6.md?p=1) administered by the Department of Commerce and ensure that any relevant [programs](/usc/16/460ss–6.md?p=1) further the [conservation](/usc/16/6456.md?p=2) and enhancement of [essential fish habitat](/usc/16/1802.md?p=10).
    - (D) The [Secretary](/usc/16/1802.md?p=39) shall coordinate with and provide information to other Federal agencies to further the [conservation](/usc/16/6456.md?p=2) and enhancement of [essential fish habitat](/usc/16/1802.md?p=10).
  - (2) Each Federal agency shall consult with the [Secretary](/usc/16/1802.md?p=39) with respect to any action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by such agency that may adversely affect any [essential fish habitat](/usc/16/1802.md?p=10) identified under this chapter.
  - (3) Each [Council](/usc/16/460mmm–1.md?p=2)—
    - (A) may comment on and make recommendations to the [Secretary](/usc/16/1802.md?p=39) and any Federal or [State](/usc/16/1802.md?p=40) agency concerning any activity authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by any Federal or [State](/usc/16/1802.md?p=40) agency that, in the view of the [Council](/usc/16/460mmm–1.md?p=2), may affect the habitat, including [essential fish habitat](/usc/16/1802.md?p=10), of a [fishery resource](/usc/16/1802.md?p=15) under its authority; and
    - (B) shall comment on and make recommendations to the [Secretary](/usc/16/1802.md?p=39) and any Federal or [State](/usc/16/1802.md?p=40) agency concerning any such activity that, in the view of the [Council](/usc/16/460mmm–1.md?p=2), is likely to substantially affect the habitat, including [essential fish habitat](/usc/16/1802.md?p=10), of an anadromous [fishery resource](/usc/16/1802.md?p=15) under its authority.
  - (4)
    - (A) If the [Secretary](/usc/16/1802.md?p=39) receives information from a [Council](/usc/16/460mmm–1.md?p=2) or Federal or [State](/usc/16/1802.md?p=40) agency or determines from other sources that an action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by any [State](/usc/16/1802.md?p=40) or Federal agency would adversely affect any [essential fish habitat](/usc/16/1802.md?p=10) identified under this chapter, the [Secretary](/usc/16/1802.md?p=39) shall recommend to such agency measures that can be taken by such agency to conserve such habitat.
    - (B) Within 30 days after receiving a recommendation under [subparagraph (A)](#b-4-A), a Federal agency shall provide a detailed response in writing to any [Council](/usc/16/460mmm–1.md?p=2) commenting under [paragraph (3)](#b-3) and the [Secretary](/usc/16/1802.md?p=39) regarding the matter. The response shall include a description of measures proposed by the agency for avoiding, mitigating, or offsetting the impact of the activity on such habitat. In the case of a response that is inconsistent with the recommendations of the [Secretary](/usc/16/1802.md?p=39), the Federal agency shall explain its reasons for not following the recommendations.
- (c) **Emergency actions and interim measures—**
  - (1) If the [Secretary](/usc/16/1802.md?p=39) finds that an emergency exists or that interim measures are needed to reduce [overfishing](/usc/16/1802.md?p=34) for any [fishery](/usc/16/1802.md?p=13), he may promulgate emergency regulations or interim measures necessary to address the emergency or [overfishing](/usc/16/1802.md?p=34), without regard to whether a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) exists for such [fishery](/usc/16/1802.md?p=13).
  - (2) If a [Council](/usc/16/460mmm–1.md?p=2) finds that an emergency exists or that interim measures are needed to reduce [overfishing](/usc/16/1802.md?p=34) for any [fishery](/usc/16/1802.md?p=13) within its jurisdiction, whether or not a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) exists for such [fishery](/usc/16/1802.md?p=13)—
    - (A) the [Secretary](/usc/16/1802.md?p=39) shall promulgate emergency regulations or interim measures under [paragraph (1)](#c-1) to address the emergency or [overfishing](/usc/16/1802.md?p=34) if the [Council](/usc/16/460mmm–1.md?p=2), by unanimous vote of the members who are voting members, requests the taking of such action; and
    - (B) the [Secretary](/usc/16/1802.md?p=39) may promulgate emergency regulations or interim measures under [paragraph (1)](#c-1) to address the emergency or [overfishing](/usc/16/1802.md?p=34) if the [Council](/usc/16/460mmm–1.md?p=2), by less than a unanimous vote, requests the taking of such action.
  - (3) Any emergency regulation or interim measure which changes any existing [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or amendment shall be treated as an amendment to such plan for the period in which such regulation is in effect. Any emergency regulation or interim measure promulgated under this subsection—
    - (A) shall be published in the Federal Register together with the reasons therefor;
    - (B) shall, except as provided in [subparagraph (C)](#c-3-C), remain in effect for not more than 180 days after the date of publication, and may be extended by publication in the Federal Register for one additional period of not more than 186 days, provided the public has had an opportunity to comment on the emergency regulation or interim measure, and, in the case of a [Council](/usc/16/460mmm–1.md?p=2) recommendation for emergency regulations or interim measures, the [Council](/usc/16/460mmm–1.md?p=2) is actively preparing a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), plan amendment, or proposed regulations to address the emergency or [overfishing](/usc/16/1802.md?p=34) on a permanent basis;
    - (C) that responds to a public health emergency or an oil spill may remain in effect until the circumstances that created the emergency no longer exist, Provided, That the public has an opportunity to comment after the regulation is published, and, in the case of a public health emergency, the [Secretary](/usc/16/1802.md?p=39) of Health and Human Services concurs with the [Secretary](/usc/16/1802.md?p=39)’s action; and
    - (D) may be terminated by the [Secretary](/usc/16/1802.md?p=39) at an earlier date by publication in the Federal Register of a notice of termination, except for emergency regulations or interim measures promulgated under [paragraph (2)](#c-2) in which case such early termination may be made only upon the agreement of the [Secretary](/usc/16/1802.md?p=39) and the [Council](/usc/16/460mmm–1.md?p=2) concerned.
- (d) **Responsibility of Secretary—** The [Secretary](/usc/16/1802.md?p=39) shall have general responsibility to carry out any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or amendment approved or prepared by him, in accordance with the [provisions of this chapter](/usc/16/1861.md?p=j-1). The [Secretary](/usc/16/1802.md?p=39) may promulgate such regulations, in accordance with [section 553 of title 5](/usc/5/553.md), as may be necessary to discharge such responsibility or to carry out any other provision of this chapter.
- (e) **Effect of certain laws on certain time requirements—** The Paperwork Reduction Act of 1980 ([44 U.S.C. 3501](/usc/44/3501.md) et seq.),[^1] the Regulatory Flexibility Act ([5 U.S.C. 601](/usc/5/601.md) et seq.), and Executive Order Numbered 12866, dated September 30, 1993, shall be complied with within the time limitations specified in subsections (a), (b), and (c) of [section 1854 of this title](/usc/16/1854.md) as they apply to the functions of the [Secretary](/usc/16/1802.md?p=39) under such provisions.
- (f) **Judicial review—**
  - (1) Regulations promulgated by the [Secretary](/usc/16/1802.md?p=39) under this chapter and actions described in [paragraph (2)](#f-2) shall be subject to judicial review to the extent authorized by, and in accordance with, [chapter 7](/usc/5/chptI-ch7.md) of title 5, if a petition for such review is filed within 30 days after the date on which the regulations are promulgated or the action is published in the Federal Register, as applicable; except that—
    - (A) [section 705](/usc/16/705.md) of such title is not applicable, and
    - (B) the appropriate court shall only set aside any such regulation or action on a ground specified in section [706(2)(A)](/usc/16/706.md), [(B)](/usc/16/706.md), [(C)](/usc/16/706.md), or [(D)](/usc/16/706.md) of such title.
  - (2) The actions referred to in [paragraph (1)](#f-1) are actions that are taken by the [Secretary](/usc/16/1802.md?p=39) under regulations which implement a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), including but not limited to actions that establish the date of closure of a [fishery](/usc/16/1802.md?p=13) to commercial or [recreational fishing](/usc/16/1802.md?p=37).
  - (3)
    - (A) Notwithstanding any other provision of law, the [Secretary](/usc/16/1802.md?p=39) shall file a response to any petition filed in accordance with [paragraph (1)](#f-1), not later than 45 days after the date the [Secretary](/usc/16/1802.md?p=39) is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the [Secretary](/usc/16/1802.md?p=39) of good cause for that extension.
    - (B) A response of the [Secretary](/usc/16/1802.md?p=39) under this paragraph shall include a copy of the administrative record for the regulations that are the subject of the petition.
  - (4) Upon a motion by the [person](/usc/16/1802.md?p=36) who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date and shall expedite the matter in every possible way.
- (g) **Negotiated conservation and management measures—**
  - (1)
    - (A) In accordance with regulations promulgated by the [Secretary](/usc/16/1802.md?p=39) pursuant to this paragraph, a [Council](/usc/16/460mmm–1.md?p=2) may establish a [fishery](/usc/16/1802.md?p=13) negotiation panel to assist in the development of specific [conservation and management](/usc/16/1802.md?p=5) measures for a [fishery](/usc/16/1802.md?p=13) under its authority. The [Secretary](/usc/16/1802.md?p=39) may establish a [fishery](/usc/16/1802.md?p=13) negotiation panel to assist in the development of specific [conservation and management](/usc/16/1802.md?p=5) measures required for a [fishery](/usc/16/1802.md?p=13) under [section 1854(e)(5) of this title](/usc/16/1854.md?p=e-5), for a [fishery](/usc/16/1802.md?p=13) for which the [Secretary](/usc/16/1802.md?p=39) has authority under [section 1854(g) of this title](/usc/16/1854.md?p=g), or for any other [fishery](/usc/16/1802.md?p=13) with the approval of the appropriate [Council](/usc/16/460mmm–1.md?p=2).
    - (B) No later than 180 days after October 11, 1996, the [Secretary](/usc/16/1802.md?p=39) shall promulgate regulations establishing procedures, developed in cooperation with the Administrative Conference of the [United States](/usc/16/1802.md?p=45), for the establishment and operation of [fishery](/usc/16/1802.md?p=13) negotiation panels. Such procedures shall be comparable to the procedures for negotiated rulemaking established by subchapter III of [chapter 5](/usc/5/chptI-ch5.md) of title 5.
  - (2) If a negotiation panel submits a report, such report shall specify all the [areas](/usc/16/539m–1.md?p=1-A) where consensus was reached by the panel, including, if appropriate, proposed [conservation and management](/usc/16/1802.md?p=5) measures, as well as any other information submitted by members of the negotiation panel. Upon receipt, the [Secretary](/usc/16/1802.md?p=39) shall publish such report in the Federal Register for public comment.
  - (3) Nothing in this subsection shall be construed to require either a [Council](/usc/16/460mmm–1.md?p=2) or the [Secretary](/usc/16/1802.md?p=39), whichever is appropriate, to use all or any portion of a report from a negotiation panel established under this subsection in the development of specific [conservation and management](/usc/16/1802.md?p=5) measures for the [fishery](/usc/16/1802.md?p=13) for which the panel was established.
- (h) **Central registry system for limited access system permits—**
  - (1) Within 6 months after October 11, 1996, the [Secretary](/usc/16/1802.md?p=39) shall establish an exclusive central registry [system](/usc/16/668ee.md?p=14) (which may be administered on a regional basis) for [limited access system](/usc/16/1802.md?p=27) permits established under [section 1853(b)(6) of this title](/usc/16/1853.md?p=b-6) or other Federal law, including [limited access privileges](/usc/16/1802.md?p=26), which shall provide for the registration of title to, and interests in, such permits, as well as for procedures for changes in the registration of title to such permits upon the occurrence of involuntary transfers, judicial or nonjudicial foreclosure of interests, enforcement of judgments thereon, and related matters deemed appropriate by the [Secretary](/usc/16/1802.md?p=39). Such registry [system](/usc/16/668ee.md?p=14) shall—
    - (A) provide a mechanism for filing notice of a nonjudicial foreclosure or enforcement of a judgment by which the holder of a senior security interest [acquires](/usc/16/620e.md?p=1) or conveys ownership of a permit, and in the event of a nonjudicial foreclosure, by which the interests of the holders of junior security interests are released when the permit is transferred;
    - (B) provide for public access to the information filed under such [system](/usc/16/668ee.md?p=14), notwithstanding [section 1881a(b) of this title](/usc/16/1881a.md?p=b); and
    - (C) provide such notice and other requirements of applicable law that the [Secretary](/usc/16/1802.md?p=39) deems necessary for an effective registry [system](/usc/16/668ee.md?p=14).
  - (2) The [Secretary](/usc/16/1802.md?p=39) shall promulgate such regulations as may be necessary to carry out this subsection, after consulting with the [Councils](/usc/16/5102.md?p=5) and providing an opportunity for public comment. The [Secretary](/usc/16/1802.md?p=39) is authorized to contract with non-Federal entities to administer the central registry [system](/usc/16/668ee.md?p=14).
  - (3) To be effective and perfected against any [person](/usc/16/1802.md?p=36) except the transferor, its heirs and devisees, and [persons](/usc/16/1802.md?p=36) having actual notice thereof, all security interests, and all sales and other transfers of permits described in [paragraph (1)](#h-1), shall be registered in compliance with the regulations promulgated under [paragraph (2)](#h-2). Such registration shall constitute the exclusive means of perfection of title to, and security interests in, such permits, except for Federal tax liens thereon, which shall be perfected exclusively in accordance with the Internal Revenue Code of 1986 ([26 U.S.C. 1](/usc/26/1.md) et seq.). The [Secretary](/usc/16/1802.md?p=39) shall notify both the buyer and seller of a permit if a lien has been filed by the [Secretary](/usc/16/1802.md?p=39) of the Treasury against the permit before collecting any transfer fee under paragraph (5) of this subsection.
  - (4) The priority of security interests shall be determined in order of filing, the first filed having the highest priority. A validly-filed security interest shall remain valid and perfected notwithstanding a change in residence or place of business of the [owner](/usc/16/429b–3.md?p=4) of record. For the purposes of this subsection, “security interest” shall include security interests, assignments, liens and other encumbrances of whatever kind.
  - (5)
    - (A) Notwithstanding [section 1854(d)(1) of this title](/usc/16/1854.md?p=d-1), the [Secretary](/usc/16/1802.md?p=39) shall collect a reasonable fee of not more than one-half of one percent of the value of a [limited access system](/usc/16/1802.md?p=27) permit upon registration of the title to such permit with the central registry [system](/usc/16/668ee.md?p=14) and upon the transfer of such registered title. Any such fee collected shall be deposited in the [Limited Access System](/usc/16/1802.md?p=27) Administration [Fund](/usc/16/1421h.md?p=2) established under [subparagraph (B)](#h-5-B).
    - (B) There is established in the Treasury a [Limited Access System](/usc/16/1802.md?p=27) Administration [Fund](/usc/16/1421h.md?p=2). The [Fund](/usc/16/1421h.md?p=2) shall be available, without appropriation or fiscal year limitation, only to the [Secretary](/usc/16/1802.md?p=39) for the purposes of—
      - (i) administering the central registry [system](/usc/16/668ee.md?p=14); and
      - (ii) administering and implementing this chapter in the [fishery](/usc/16/1802.md?p=13) in which the fees were collected. Sums in the [Fund](/usc/16/1421h.md?p=2) that are not currently needed for these purposes shall be kept on deposit or invested in obligations of, or guaranteed by, the [United States](/usc/16/1802.md?p=45).
- (i) **Alaska and western Pacific community development programs—**
  - (1) **Western Alaska community development quota program—**
    - (A) **In general—** There is established the western Alaska community development quota [program](/usc/16/460ss–6.md?p=1) in order—
      - (i) to provide eligible western Alaska villages with the opportunity to participate and invest in [fisheries](/usc/16/1802.md?p=13) in the Bering Sea and Aleutian Islands Management [Area](/usc/16/539m–1.md?p=1-A);
      - (ii) to support economic development in western Alaska;
      - (iii) to alleviate poverty and provide economic and social benefits for residents of western Alaska; and
      - (iv) to achieve sustainable and diversified local economies in western Alaska.
    - (B) **Program allocation—**
      - (i) **In general—** Except as provided in [clause (ii)](#i-1-B-ii), the annual percentage of the total allowable catch, guideline harvest level, or other annual catch limit allocated to the [program](/usc/16/460ss–6.md?p=1) in each directed [fishery](/usc/16/1802.md?p=13) of the Bering Sea and Aleutian Islands shall be the percentage approved by the [Secretary](/usc/16/1802.md?p=39), or established by Federal law, as of March 1, 2006, for the [program](/usc/16/460ss–6.md?p=1). The percentage for each [fishery](/usc/16/1802.md?p=13) shall be either a directed [fishing](/usc/16/1802.md?p=16) allowance or include both directed [fishing](/usc/16/1802.md?p=16) and nontarget needs based on existing practice with respect to the [program](/usc/16/460ss–6.md?p=1) as of March 1, 2006, for each [fishery](/usc/16/1802.md?p=13).
      - (ii) **Exceptions—** Notwithstanding [clause (i)](#i-1-B-i)—
        - (I) the allocation under the [program](/usc/16/460ss–6.md?p=1) for each directed [fishery](/usc/16/1802.md?p=13) of the Bering Sea and Aleutian Islands (other than a [fishery](/usc/16/1802.md?p=13) for halibut, sablefish, pollock, and crab) shall be a total allocation (directed and nontarget combined) of 10.7 percent effective January 1, 2008; and
        - (II) the allocation under the [program](/usc/16/460ss–6.md?p=1) in any directed [fishery](/usc/16/1802.md?p=13) of the Bering Sea and Aleutian Islands (other than a [fishery](/usc/16/1802.md?p=13) for halibut, sablefish, pollock, and crab) established after July 11, 2006, shall be a total allocation (directed and nontarget combined) of 10.7 percent.

      The total allocation (directed and nontarget combined) for a [fishery](/usc/16/1802.md?p=13) to which subclause [(I)](#i-1-I) or (II) applies may not be exceeded.

      - (iii) **Processing and other rights—** Allocations to the [program](/usc/16/460ss–6.md?p=1) include all processing rights and any other rights and privileges associated with such allocations as of March 1, 2006.
      - (iv) **Regulation of harvest—** The harvest of allocations under the [program](/usc/16/460ss–6.md?p=1) for [fisheries](/usc/16/1802.md?p=13) with individual quotas or [fishing](/usc/16/1802.md?p=16) cooperatives shall be regulated by the [Secretary](/usc/16/1802.md?p=39) in a manner no more restrictive than for other participants in the applicable sector, including with respect to the harvest of nontarget species.
    - (C) **Allocations to entities—** Each entity eligible to participate in the [program](/usc/16/460ss–6.md?p=1) shall be authorized under the [program](/usc/16/460ss–6.md?p=1) to harvest annually the same percentage of each species allocated to the [program](/usc/16/460ss–6.md?p=1) under [subparagraph (B)](#i-1-B) that it was authorized by the [Secretary](/usc/16/1802.md?p=39) to harvest of such species annually as of March 1, 2006, except to the extent that its allocation is adjusted under [subparagraph (H)](#i-1-H). Such allocation shall include all processing rights and any other rights and privileges associated with such allocations as of March 1, 2006. Voluntary transfers by and among eligible entities shall be allowed, whether before or after harvesting. Notwithstanding the first sentence of this subparagraph, seven-tenths of one percent of the total allowable catch, guideline harvest level, or other annual catch limit, within the amount allocated to the [program](/usc/16/460ss–6.md?p=1) by [subclause (I)](#i-1-I) or [subclause (II)](#i-1-B-ii-II) of subparagraph (B)(ii), shall be allocated among the eligible entities by the panel established in [subparagraph (G)](#i-1-G), or allocated by the [Secretary](/usc/16/1802.md?p=39) based on the nontarget needs of eligible entities in the absence of a panel decision.
    - (D) **Eligible villages—** The following villages shall be eligible to participate in the [program](/usc/16/460ss–6.md?p=1) through the following entities:
      - (i) The villages of Akutan, Atka, False Pass, Nelson Lagoon, Nikolski, and Saint George through the Aleutian Pribilof Island Community Development Association.
      - (ii) The villages of Aleknagik, Clark’s Point, Dillingham, Egegik, Ekuk, Ekwok, King Salmon/Savonoski, Levelock, Manokotak, Naknek, Pilot Point, Port Heiden, Portage Creek, South Naknek, Togiak, Twin Hills, and Ugashik through the Bristol Bay Economic Development Corporation.
      - (iii) The village of Saint Paul through the Central Bering Sea Fishermen’s Association.
      - (iv) The villages of Chefornak, Chevak, Eek, Goodnews Bay, Hooper Bay, Kipnuk, Kongiganak, Kwigillingok, Mekoryuk, Napakiak, Napaskiak, Newtok, Nightmute, Oscarville, Platinum, Quinhagak, Scammon Bay, Toksook Bay, Tuntutuliak, and Tununak through the Coastal Villages [Region](/usc/16/1447a.md?p=6) [Fund](/usc/16/1421h.md?p=2).
      - (v) The villages of Brevig Mission, Diomede, Elim, Gambell, Golovin, Koyuk, Nome, Saint Michael, Savoonga, Shaktoolik, Stebbins, Teller, Unalakleet, Wales, and White Mountain through the Norton Sound Economic Development Corporation.
      - (vi) The villages of Alakanuk, Emmonak, Grayling, Kotlik, Mountain Village, and Nunam Iqua through the Yukon Delta [Fisheries](/usc/16/1802.md?p=13) Development Association.
    - (E) **Eligibility requirements for participating entities—** To be eligible to participate in the [program](/usc/16/460ss–6.md?p=1), an entity referred to in [subparagraph (D)](#i-1-D) shall meet the following requirements:
      - (i) **Board of directors—** The entity shall be governed by a [board](/usc/16/1447a.md?p=1) of directors. At least 75 percent of the members of the [board](/usc/16/1447a.md?p=1) shall be resident fishermen from the entity’s member villages. The [board](/usc/16/1447a.md?p=1) shall include at least one director selected by each such member village.
      - (ii) **Panel representative—** The entity shall elect a [representative](/usc/16/5609.md?p=13) to serve on the panel established by [subparagraph (G)](#i-1-G).
      - (iii) **Other investments—** The entity may make up to 20 percent of its annual investments in any combination of the following:
        - (I) For [projects](/usc/16/410r–5.md?p=c-4) that are not [fishery](/usc/16/1802.md?p=13)-related and that are located in its [region](/usc/16/1447a.md?p=6).
        - (II) On a pooled or joint investment basis with one or more other entities participating in the [program](/usc/16/460ss–6.md?p=1) for [projects](/usc/16/410r–5.md?p=c-4) that are not [fishery](/usc/16/1802.md?p=13)-related and that are located in one or more of their [regions](/usc/16/1447a.md?p=6).
        - (III) For matching Federal or [State](/usc/16/1802.md?p=40) grants for [projects](/usc/16/410r–5.md?p=c-4) or [programs](/usc/16/460ss–6.md?p=1) in its member villages without regard to any limitation on the Federal or [State](/usc/16/1802.md?p=40) share, or restriction on the source of any non-Federal or non-[State](/usc/16/1802.md?p=40) matching [funds](/usc/16/1421h.md?p=2), of any grant [program](/usc/16/460ss–6.md?p=1) under any other provision of law.
      - (iv) **Fishery-related investments—** The entity shall make the remainder percent of its annual investments in [fisheries](/usc/16/1802.md?p=13)-related [projects](/usc/16/410r–5.md?p=c-4) or for other purposes consistent with the practices of the entity prior to March 1, 2006.
      - (v) **Annual statement of compliance—** Each year the entity, following approval by its [board](/usc/16/1447a.md?p=1) of directors and signed by its chief executive officer, shall submit a written statement to the [Secretary](/usc/16/1802.md?p=39) and the [State](/usc/16/1802.md?p=40) of Alaska that summarizes the purposes for which it made investments under clauses [(iii)](#i-1-E-iii) and [(iv)](#i-1-E-iv) during the preceding year.
      - (vi) **Other panel requirements—** The entity shall comply with any other requirements established by the panel under [subparagraph (G)](#i-1-G).
    - (F) **Entity status, limitations, and regulation—** The entity—
      - (i) shall be subject to any excessive share ownership, harvesting, or processing limitations in the [fisheries](/usc/16/1802.md?p=13) of the Bering Sea and Aleutian Islands Management [Area](/usc/16/539m–1.md?p=1-A) only to the extent of the entity’s proportional ownership, excluding any [program](/usc/16/460ss–6.md?p=1) allocations, and notwithstanding any other provision of law;
      - (ii) shall comply with [State](/usc/16/1802.md?p=40) of Alaska law requiring annual reports to the entity’s member villages summarizing financial operations for the previous calendar year, including general and administrative costs and compensation levels of the top 5 highest paid personnel;
      - (iii) shall comply with [State](/usc/16/1802.md?p=40) of Alaska laws to prevent fraud that are administered by the Alaska Division of Banking and Securities, except that the entity and the [State](/usc/16/1802.md?p=40) shall keep confidential from public disclosure any information if the disclosure would be harmful to the entity or its investments; and
      - (iv) is exempt from compliance with any [State](/usc/16/1802.md?p=40) law requiring approval of financial transactions, [community development plans](#i-1-J), or amendments thereto, except as required by [subparagraph (H)](#i-1-H).
    - (G) **Administrative panel—**
      - (i) **Establishment—** There is established a community development quota [program](/usc/16/460ss–6.md?p=1) panel.
      - (ii) **Membership—** The panel shall consist of 6 members. Each entity participating in the [program](/usc/16/460ss–6.md?p=1) shall select one member of the panel.
      - (iii) **Functions—** The panel shall—
        - (I) administer those aspects of the [program](/usc/16/460ss–6.md?p=1) not otherwise addressed in this paragraph, either through private contractual arrangement or through recommendations to the North Pacific [Council](/usc/16/460mmm–1.md?p=2), the [Secretary](/usc/16/1802.md?p=39), or the [State](/usc/16/1802.md?p=40) of Alaska, as the case may be; and
        - (II) coordinate and facilitate activities of the entities under the [program](/usc/16/460ss–6.md?p=1).
      - (iv) **Voting requirement—** The panel may act only by the affirmative vote of at least 5 of its members, except that any decision made pursuant to the last sentence of [subparagraph (C)](#i-1-C) shall require the unanimous vote of all 6 members of the panel.
    - (H) **Decennial review and adjustment of entity allocations—**
      - (i) **In general—** During calendar year 2012 and every 10 years thereafter, the [State](/usc/16/1802.md?p=40) of Alaska shall evaluate the performance of each entity participating in the [program](/usc/16/460ss–6.md?p=1) based on the criteria described in [clause (ii)](#i-1-H-ii).
      - (ii) **Criteria—** The panel shall establish a [system](/usc/16/668ee.md?p=14) to be applied under this subparagraph that allows each entity participating in the [program](/usc/16/460ss–6.md?p=1) to assign relative values to the following criteria to reflect the particular needs of its villages:
        - (I) Changes during the preceding 10-year period in population, poverty level, and economic development in the entity’s member villages.
        - (II) The overall financial performance of the entity, including [fishery](/usc/16/1802.md?p=13) and nonfishery investments by the entity.
        - (III) Employment, scholarships, and training supported by the entity.
        - (IV) Achieving of the goals of the entity’s [community development plan](#i-1-J).
      - (iii) **Adjustment of allocations—** After the evaluation required by [clause (i)](#i-1-H-i), the [State](/usc/16/1802.md?p=40) of Alaska shall make a determination, on the record and after an opportunity for a hearing, with respect to the performance of each entity participating in the [program](/usc/16/460ss–6.md?p=1) for the criteria described in [clause (ii)](#i-1-H-ii). If the [State](/usc/16/1802.md?p=40) determines that the entity has maintained or improved its overall performance with respect to the criteria, the allocation to such entity under the [program](/usc/16/460ss–6.md?p=1) shall be extended by the [State](/usc/16/1802.md?p=40) for the next 10-year period. If the [State](/usc/16/1802.md?p=40) determines that the entity has not maintained or improved its overall performance with respect to the criteria—
        - (I) at least 90 percent of the entity’s allocation for each species under [subparagraph (C)](#i-1-C) shall be extended by the [State](/usc/16/1802.md?p=40) for the next 10-year period; and
        - (II) the [State](/usc/16/1802.md?p=40) may determine, or the [Secretary](/usc/16/1802.md?p=39) may determine (if [State](/usc/16/1802.md?p=40) law prevents the [State](/usc/16/1802.md?p=40) from making the determination), and implement an appropriate reduction of up to 10 percent of the entity’s allocation for each species under [subparagraph (C)](#i-1-C) for all or part of such 10-year period.
      - (iv) **Reallocation of reduced amount—** If the [State](/usc/16/1802.md?p=40) or the [Secretary](/usc/16/1802.md?p=39) reduces an entity’s allocation under [clause (iii)](#i-1-H-iii), the reduction shall be reallocated among other entities participating in the [program](/usc/16/460ss–6.md?p=1) whose allocations are not reduced during the same period in proportion to each such entity’s allocation of the applicable species under [subparagraph (C)](#i-1-C).
    - (I) **Secretarial approval not required—** Notwithstanding any other provision of law or regulation thereunder, the approval by the [Secretary](/usc/16/1802.md?p=39) of a [community development plan](#i-1-J), or an amendment thereof, under the [program](/usc/16/460ss–6.md?p=1) is not required.
    - (J) **Community development plan defined—** In this paragraph, the term “community development plan” means a plan, prepared by an entity referred to in [subparagraph (D)](#i-1-D), for the [program](/usc/16/460ss–6.md?p=1) that describes how the entity intends—
      - (i) to harvest its share of [fishery resources](/usc/16/1802.md?p=15) allocated to the [program](/usc/16/460ss–6.md?p=1), or
      - (ii) to use its share of [fishery resources](/usc/16/1802.md?p=15) allocated to the [program](/usc/16/460ss–6.md?p=1), and any revenue derived from such use, to assist its member villages with [projects](/usc/16/410r–5.md?p=c-4) to advance economic development,

      but does not include a plan that allocates [fishery resources](/usc/16/1802.md?p=15) to the [program](/usc/16/460ss–6.md?p=1).

  - (2)
    - (A) The Western Pacific [Council](/usc/16/460mmm–1.md?p=2) and the [Secretary](/usc/16/1802.md?p=39) may establish a western Pacific community development [program](/usc/16/460ss–6.md?p=1) for any [fishery](/usc/16/1802.md?p=13) under the authority of such [Council](/usc/16/460mmm–1.md?p=2) in order to provide access to such [fishery](/usc/16/1802.md?p=13) for western Pacific communities that participate in the [program](/usc/16/460ss–6.md?p=1).
    - (B) To be eligible to participate in the western Pacific community development [program](/usc/16/460ss–6.md?p=1), a community shall—
      - (i) be located within the Western Pacific Regional [Fishery](/usc/16/1802.md?p=13) Management [Area](/usc/16/539m–1.md?p=1-A);
      - (ii) meet criteria developed by the Western Pacific [Council](/usc/16/460mmm–1.md?p=2), approved by the [Secretary](/usc/16/1802.md?p=39) and published in the Federal Register;
      - (iii) consist of community residents who are descended from the aboriginal people indigenous to the [area](/usc/16/539m–1.md?p=1-A) who conducted commercial or subsistence [fishing](/usc/16/1802.md?p=16) using traditional [fishing](/usc/16/1802.md?p=16) practices in the waters of the Western Pacific [region](/usc/16/1447a.md?p=6);
      - (iv) not have previously developed harvesting or processing capability sufficient to support substantial participation in [fisheries](/usc/16/1802.md?p=13) in the Western Pacific Regional [Fishery](/usc/16/1802.md?p=13) Management [Area](/usc/16/539m–1.md?p=1-A); and
      - (v) develop and submit a Community Development Plan to the Western Pacific [Council](/usc/16/460mmm–1.md?p=2) and the [Secretary](/usc/16/1802.md?p=39).
    - (C) In developing the criteria for eligible communities under [subparagraph (B)(ii)](#i-2-B-ii), the Western Pacific [Council](/usc/16/460mmm–1.md?p=2) shall base such criteria on traditional [fishing](/usc/16/1802.md?p=16) practices in or dependence on the [fishery](/usc/16/1802.md?p=13), the cultural and social framework relevant to the [fishery](/usc/16/1802.md?p=13), and economic barriers to access to the [fishery](/usc/16/1802.md?p=13).
    - (D) For the purposes of this subsection “Western Pacific Regional [Fishery](/usc/16/1802.md?p=13) Management [Area](/usc/16/539m–1.md?p=1-A)” means the [area](/usc/16/539m–1.md?p=1-A) under the jurisdiction of the Western Pacific [Council](/usc/16/460mmm–1.md?p=2), or an island within such [area](/usc/16/539m–1.md?p=1-A).
    - (E) Notwithstanding any other provision of this chapter, the Western Pacific [Council](/usc/16/460mmm–1.md?p=2) shall take into account traditional indigenous [fishing](/usc/16/1802.md?p=16) practices in preparing any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3).
  - (3) The [Secretary](/usc/16/1802.md?p=39) shall deduct from any fees collected from a community development quota [program](/usc/16/460ss–6.md?p=1) under [section 1854(d)(2) of this title](/usc/16/1854.md?p=d-2) the costs incurred by participants in the [program](/usc/16/460ss–6.md?p=1) for [observer](/usc/16/1802.md?p=31) and reporting requirements which are in [addition](/usc/16/410r–5.md?p=c-2) to [observer](/usc/16/1802.md?p=31) and reporting requirements of other participants in the [fishery](/usc/16/1802.md?p=13) in which the allocation to such [program](/usc/16/460ss–6.md?p=1) has been made.
  - (4) After October 11, 1996, the North Pacific [Council](/usc/16/460mmm–1.md?p=2) and Western Pacific [Council](/usc/16/460mmm–1.md?p=2) may not submit to the [Secretary](/usc/16/1802.md?p=39) a community development quota [program](/usc/16/460ss–6.md?p=1) that is not in compliance with this subsection.
- (j) **Western Pacific and Northern Pacific regional marine education and training—**
  - (1) **In general—** The [Secretary](/usc/16/1802.md?p=39) shall establish a pilot [program](/usc/16/460ss–6.md?p=1) for regionally-based marine education and training [programs](/usc/16/460ss–6.md?p=1) in the Western Pacific and the Northern Pacific to foster understanding, practical use of knowledge (including native Hawaiian, Alaskan Native, and other Pacific Islander-based knowledge), and technical expertise relevant to stewardship of living marine [resources](/usc/16/410hhh–1.md?p=8). The [Secretary](/usc/16/1802.md?p=39) shall, in cooperation with the Western Pacific and the North Pacific [Regional Fishery Management Councils](/usc/16/1362.md?p=21), regional educational institutions, and local Western Pacific and Northern Pacific community training entities, establish [programs](/usc/16/460ss–6.md?p=1) or [projects](/usc/16/410r–5.md?p=c-4) that will improve communication, education, and training on marine resource issues throughout the [region](/usc/16/1447a.md?p=6) and increase scientific education for marine-related professions among coastal community residents, including indigenous Pacific islanders, Native Hawaiians, Alaskan Natives, and other underrepresented groups in the [region](/usc/16/1447a.md?p=6).
  - (2) **Program components—** The [program](/usc/16/460ss–6.md?p=1) shall—
    - (A) include marine science and technology education and training [programs](/usc/16/460ss–6.md?p=1) focused on preparing community residents for employment in marine related professions, including marine resource [conservation and management](/usc/16/1802.md?p=5), marine science, marine technology, and maritime operations;
    - (B) include [fisheries](/usc/16/1802.md?p=13) and seafood-related training [programs](/usc/16/460ss–6.md?p=1), including [programs](/usc/16/460ss–6.md?p=1) for [fishery](/usc/16/1802.md?p=13) [observers](/usc/16/1802.md?p=31), seafood safety and seafood marketing, focused on increasing the involvement of coastal community residents in [fishing](/usc/16/1802.md?p=16), [fishery](/usc/16/1802.md?p=13) management, and seafood-related operations;
    - (C) include outreach [programs](/usc/16/460ss–6.md?p=1) and materials to educate and inform consumers about the quality and sustainability of wild [fish](/usc/16/1802.md?p=12) or [fish](/usc/16/1802.md?p=12) products farmed through responsible aquaculture, particularly in Hawaii, Alaska, the Western Pacific, the Northern Pacific, and the Central Pacific;
    - (D) include [programs](/usc/16/460ss–6.md?p=1) to identify, with the [fishing](/usc/16/1802.md?p=16) industry, methods and technologies that will improve the data collection, quality, and reporting and increase the sustainability of [fishing](/usc/16/1802.md?p=16) practices, and to transfer such methods and technologies among [fisheries](/usc/16/1802.md?p=13) sectors and to other nations in the Western, Northern, and Central Pacific;
    - (E) develop means by which local and traditional knowledge (including Pacific islander, Native Hawaiian, and Alaskan Native knowledge) can enhance science-based management of [fishery resources](/usc/16/1802.md?p=15) of the [region](/usc/16/1447a.md?p=6); and
    - (F) develop [partnerships](/usc/16/8202.md?p=7) with other Western Pacific Island and Alaskan agencies, academic institutions, and other entities to meet the purposes of this section.
- (k) **Multispecies groundfish—**
  - (1) **In general—** Within 60 days after January 12, 2007, the [Secretary](/usc/16/1802.md?p=39) of Commerce shall determine whether [fishing](/usc/16/1802.md?p=16) in [State](/usc/16/1802.md?p=40) waters—
    - (A) without a New England multispecies groundfish [fishery](/usc/16/1802.md?p=13) permit on regulated species within the multispecies complex is not consistent with the applicable Federal [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3); or
    - (B) without a Federal bottomfish and seamount groundfish permit in the Hawaiian archipelago on regulated species within the complex is not consistent with the applicable Federal [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or [State](/usc/16/1802.md?p=40) data are not sufficient to make such a determination.
  - (2) **Cure—** If the [Secretary](/usc/16/1802.md?p=39) makes a determination that such actions are not consistent with the plan, the [Secretary](/usc/16/1802.md?p=39) shall, in consultation with the [Council](/usc/16/460mmm–1.md?p=2), and after notifying the affected [State](/usc/16/1802.md?p=40), develop and implement measures to cure the inconsistency pursuant to [section 1856(b) of this title](/usc/16/1856.md?p=b).

# §1856. State jurisdiction

- (a) **In general—**
  - (1) Except as provided in [subsection (b)](#b), nothing in this chapter shall be construed as extending or diminishing the jurisdiction or authority of any [State](/usc/16/1802.md?p=40) within its boundaries.
  - (2) For the purposes of this chapter, except as provided in [subsection (b)](#b), the jurisdiction and authority of a [State](/usc/16/1802.md?p=40) shall extend—
    - (A) to any pocket of waters that is adjacent to the [State](/usc/16/1802.md?p=40) and totally enclosed by lines delimiting the territorial sea of the [United States](/usc/16/1802.md?p=45) pursuant to the Geneva Convention on the Territorial Sea and Contiguous Zone or any successor convention to which the [United States](/usc/16/1802.md?p=45) is a party;
    - (B) with respect to the body of water commonly known as Nantucket Sound, to the pocket of water west of the seventieth meridian west of Greenwich; and
    - (C) to the waters of southeastern Alaska (for the purpose of regulating [fishing](/usc/16/1802.md?p=16) for other than any species of crab) that are—
      - (i) north of the line representing the international boundary at Dixon Entrance and the westward extension of that line; east of 138 degrees west longitude; and not more than three nautical miles seaward from the coast, from the lines extending from headland to headland across all bays, inlets, straits, passes, sounds, and entrances, and from any island or group of islands, including the islands of the Alexander Archipelago (except Forrester Island); or
      - (ii) between the islands referred to in [clause (i)](#a-2-C-i) (except Forrester Island) and the mainland.
  - (3) A [State](/usc/16/1802.md?p=40) may regulate a [fishing vessel](/usc/16/1802.md?p=18) outside the boundaries of the [State](/usc/16/1802.md?p=40) in the following circumstances:
    - (A) The [fishing vessel](/usc/16/1802.md?p=18) is registered under the law of that [State](/usc/16/1802.md?p=40), and (i) there is no [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or other applicable Federal [fishing](/usc/16/1802.md?p=16) regulations for the [fishery](/usc/16/1802.md?p=13) in which the vessel is operating; or (ii) the [State](/usc/16/1802.md?p=40)’s laws and regulations are consistent with the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) and applicable Federal [fishing](/usc/16/1802.md?p=16) regulations for the [fishery](/usc/16/1802.md?p=13) in which the vessel is operating.
    - (B) The [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) for the [fishery](/usc/16/1802.md?p=13) in which the [fishing vessel](/usc/16/1802.md?p=18) is operating delegates management of the [fishery](/usc/16/1802.md?p=13) to a [State](/usc/16/1802.md?p=40) and the [State](/usc/16/1802.md?p=40)’s laws and regulations are consistent with such [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3). If at any time the [Secretary](/usc/16/1802.md?p=39) determines that a [State](/usc/16/1802.md?p=40) law or regulation applicable to a [fishing vessel](/usc/16/1802.md?p=18) under this circumstance is not consistent with the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), the [Secretary](/usc/16/1802.md?p=39) shall promptly notify the [State](/usc/16/1802.md?p=40) and the appropriate [Council](/usc/16/460mmm–1.md?p=2) of such determination and provide an opportunity for the [State](/usc/16/1802.md?p=40) to correct any inconsistencies identified in the notification. If, after notice and opportunity for corrective action, the [State](/usc/16/1802.md?p=40) does not correct the inconsistencies identified by the [Secretary](/usc/16/1802.md?p=39), the authority granted to the [State](/usc/16/1802.md?p=40) under this subparagraph shall not apply until the [Secretary](/usc/16/1802.md?p=39) and the appropriate [Council](/usc/16/460mmm–1.md?p=2) find that the [State](/usc/16/1802.md?p=40) has corrected the inconsistencies. For a [fishery](/usc/16/1802.md?p=13) for which there was a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) in place on August 1, 1996 that did not delegate management of the [fishery](/usc/16/1802.md?p=13) to a [State](/usc/16/1802.md?p=40) as of that date, the authority provided by this subparagraph applies only if the [Council](/usc/16/460mmm–1.md?p=2) approves the delegation of management of the [fishery](/usc/16/1802.md?p=13) to the [State](/usc/16/1802.md?p=40) by a three-quarters majority vote of the voting members of the [Council](/usc/16/460mmm–1.md?p=2).
    - (C) The [fishing vessel](/usc/16/1802.md?p=18) is not registered under the law of the [State](/usc/16/1802.md?p=40) of Alaska and is operating in a [fishery](/usc/16/1802.md?p=13) in the [exclusive economic zone](/usc/16/1802.md?p=11) off Alaska for which there was no [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) in place on August 1, 1996, and the [Secretary](/usc/16/1802.md?p=39) and the North Pacific [Council](/usc/16/460mmm–1.md?p=2) find that there is a legitimate interest of the [State](/usc/16/1802.md?p=40) of Alaska in the [conservation and management](/usc/16/1802.md?p=5) of such [fishery](/usc/16/1802.md?p=13). The authority provided under this subparagraph shall terminate when a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) under this chapter is approved and implemented for such [fishery](/usc/16/1802.md?p=13).
- (b) **Exception—**
  - (1) If the [Secretary](/usc/16/1802.md?p=39) finds, after notice and an opportunity for a hearing in accordance with [section 554 of title 5](/usc/5/554.md), that—
    - (A) the [fishing](/usc/16/1802.md?p=16) in a [fishery](/usc/16/1802.md?p=13), which is covered by a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) implemented under this chapter, is engaged in predominately within the [exclusive economic zone](/usc/16/1802.md?p=11) and beyond such zone; and
    - (B) any [State](/usc/16/1802.md?p=40) has taken any action, or omitted to take any action, the results of which will substantially and adversely affect the carrying out of such [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3);

    the [Secretary](/usc/16/1802.md?p=39) shall promptly notify such [State](/usc/16/1802.md?p=40) and the appropriate [Council](/usc/16/460mmm–1.md?p=2) of such finding and of his intention to regulate the applicable [fishery](/usc/16/1802.md?p=13) within the boundaries of such [State](/usc/16/1802.md?p=40) (other than its internal waters), pursuant to such [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) and the regulations promulgated to implement such plan.

  - (2) If the [Secretary](/usc/16/1802.md?p=39), pursuant to this subsection, assumes responsibility for the regulation of any [fishery](/usc/16/1802.md?p=13), the [State](/usc/16/1802.md?p=40) involved may at any time thereafter apply to the [Secretary](/usc/16/1802.md?p=39) for reinstatement of its authority over such [fishery](/usc/16/1802.md?p=13). If the [Secretary](/usc/16/1802.md?p=39) finds that the reasons for which he assumed such regulation no longer prevail, he shall promptly terminate such regulation.
  - (3) If the [State](/usc/16/1802.md?p=40) involved requests that a hearing be held pursuant to [paragraph (1)](#b-1), the [Secretary](/usc/16/1802.md?p=39) shall conduct such hearing prior to taking any action under [paragraph (1)](#b-1).
- (c) **Exception regarding foreign fish processing in internal waters—**
  - (1) A [foreign fishing](/usc/16/1802.md?p=19) vessel may engage in [fish processing](#c-4-A) within the internal waters of a [State](/usc/16/1802.md?p=40) if, and only if—
    - (A) the vessel is qualified for purposes of this paragraph pursuant to [paragraph (4)(C)](#c-4-C) or has received a permit under [section 1824(d) of this title](/usc/16/1824.md?p=d);
    - (B) the [owner](/usc/16/429b–3.md?p=4) or operator of the vessel applies to the Governor of the [State](/usc/16/1802.md?p=40) for, and (subject to [paragraph (2)](#c-2)) is granted, permission for the vessel to engage in such processing and the application specifies the species to be processed; and
    - (C) the [owner](/usc/16/429b–3.md?p=4) or operator of the vessel submits reports on the tonnage of [fish](/usc/16/1802.md?p=12) received from vessels of the [United States](/usc/16/1802.md?p=45) and the locations from which such [fish](/usc/16/1802.md?p=12) were harvested, in accordance with such procedures as the [Secretary](/usc/16/1802.md?p=39) by regulation shall prescribe.
  - (2) The Governor of a [State](/usc/16/1802.md?p=40) may not grant permission for a [foreign fishing](/usc/16/1802.md?p=19) vessel to engage in [fish processing](#c-4-A) under [paragraph (1)](#c-1)—
    - (A) for a [fishery](/usc/16/1802.md?p=13) which occurs in the waters of more than one [State](/usc/16/1802.md?p=40) or in the [exclusive economic zone](/usc/16/1802.md?p=11), except after—
      - (i) consulting with the appropriate [Council](/usc/16/460mmm–1.md?p=2) and [Marine Fisheries Commission](/usc/16/1802.md?p=28), and
      - (ii) considering any comments received from the Governor of any other [State](/usc/16/1802.md?p=40) where the [fishery](/usc/16/1802.md?p=13) occurs; and
    - (B) if the Governor determines that [fish](/usc/16/1802.md?p=12) processors within the [State](/usc/16/1802.md?p=40) have adequate capacity, and will utilize such capacity, to process all of the [United States harvested fish](/usc/16/1802.md?p=47) from the [fishery](/usc/16/1802.md?p=13) concerned that are landed in the [State](/usc/16/1802.md?p=40).
  - (3) Nothing in this subsection may be construed as relieving a [foreign fishing](/usc/16/1802.md?p=19) vessel from the duty to comply with all applicable Federal and [State](/usc/16/1802.md?p=40) laws while operating within the internal waters of a [State](/usc/16/1802.md?p=40) incident to permission obtained under [paragraph (1)(B)](#c-1-B).
  - (4) For purposes of this subsection—
    - (A) The term “fish processing” includes, in [addition](/usc/16/410r–5.md?p=c-2) to processing, the performance of any other activity relating to [fishing](/usc/16/1802.md?p=16), including, but not limited to, preparation, supply, storage, refrigeration, or transportation.
    - (B) The phrase “internal waters of a [State](/usc/16/1802.md?p=40)” means all waters within the boundaries of a [State](/usc/16/1802.md?p=40) except those seaward of the baseline from which the territorial sea is measured.
    - (C) A [foreign fishing](/usc/16/1802.md?p=19) vessel shall be treated as qualified for purposes of [paragraph (1)](#c-1) if the foreign nation under which it is flagged will be a party to (i) a governing [international fishery agreement](/usc/16/1802.md?p=24) or (ii) a [treaty](/usc/16/1802.md?p=43) described in [section 1821(b) of this title](/usc/16/1821.md?p=b) during the time the vessel will engage in the [fish processing](#c-4-A) for which permission is sought under [paragraph (1)(B)](#c-1-B).

# §1857. Prohibited acts


It is unlawful—

- (1) for any [person](/usc/16/1802.md?p=36)—
  - (A) to violate any provision of this chapter or any regulation or permit issued pursuant to this chapter;
  - (B) to use any [fishing vessel](/usc/16/1802.md?p=18) to engage in [fishing](/usc/16/1802.md?p=16) after the revocation, or during the period of suspension, of an applicable permit issued pursuant to this chapter;
  - (C) to violate any provision of, or regulation under, an applicable governing [international fishery agreement](/usc/16/1802.md?p=24) entered into pursuant to [section 1821(c) of this title](/usc/16/1821.md?p=c);
  - (D) to refuse to permit any officer authorized to enforce the [provisions of this chapter](/usc/16/1861.md?p=j-1) (as provided for in [section 1861 of this title](/usc/16/1861.md)) to [board](/usc/16/1447a.md?p=1) a [fishing vessel](/usc/16/1802.md?p=18) subject to such [person](/usc/16/1802.md?p=36)’s control for purposes of conducting any search or inspection in connection with the enforcement of this chapter or any regulation, permit, or agreement referred to in subparagraph [(A)](#1-A) or [(C)](#1-C);
  - (E) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such [authorized officer](/usc/16/973.md?p=2) in the conduct of any search or inspection described in [subparagraph (D)](#1-D);
  - (F) to resist a lawful arrest for any act prohibited by this section;
  - (G) to ship, transport, offer for sale, sell, purchase, [import](/usc/16/1802.md?p=22), export, or have custody, control, or possession of, any [fish](/usc/16/1802.md?p=12) taken or retained in [violation](/usc/16/620e.md?p=11) of this chapter or any regulation, permit, or agreement referred to in subparagraph [(A)](#1-A) or [(C)](#1-C);
  - (H) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another [person](/usc/16/1802.md?p=36), knowing that such other [person](/usc/16/1802.md?p=36) has committed any act prohibited by this section;
  - (I) to knowingly and willfully submit to a [Council](/usc/16/460mmm–1.md?p=2), the [Secretary](/usc/16/1802.md?p=39), or the Governor of a [State](/usc/16/1802.md?p=40) false information (including, but not limited to, false information regarding the capacity and extent to which a [United States](/usc/16/1802.md?p=45) [fish](/usc/16/1802.md?p=12) processor, on an annual basis, will process a portion of the [optimum](/usc/16/1802.md?p=33) yield of a [fishery](/usc/16/1802.md?p=13) that will be harvested by [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45)) regarding any matter that the [Council](/usc/16/460mmm–1.md?p=2), [Secretary](/usc/16/1802.md?p=39), or Governor is considering in the course of carrying out this chapter;
  - (J) to ship, transport, offer for sale, sell, or purchase, in interstate or foreign commerce, any whole live lobster of the species Homarus americanus, that—
    - (i) is smaller than the minimum possession size in effect at the time under the American Lobster [Fishery](/usc/16/1802.md?p=13) [Management Plan](/usc/16/460mmm–1.md?p=3), as implemented by regulations published in [part 649 of title 50, Code of Federal Regulations](/cfr/50/part649.md), or any successor to that plan implemented under this subchapter, or in the absence of any such plan, is smaller than the minimum possession size in effect at the time under a coastal [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) for American lobster adopted by the Atlantic [States](/usc/16/544.md?p=r) [Marine Fisheries Commission](/usc/16/1802.md?p=28) under the Atlantic Coastal [Fisheries](/usc/16/1802.md?p=13) Cooperative Management Act ([16 U.S.C. 5101](/usc/16/5101.md) et seq.);
    - (ii) is bearing eggs attached to its abdominal appendages; or
    - (iii) bears evidence of the forcible removal of extruded eggs from its abdominal appendages;
  - (K) to to[^1] steal or attempt to steal or to negligently and without authorization remove, damage, or tamper with—
    - (i) [fishing](/usc/16/1802.md?p=16) gear owned by another [person](/usc/16/1802.md?p=36), which is located in the [exclusive economic zone](/usc/16/1802.md?p=11), or
    - (ii) [fish](/usc/16/1802.md?p=12) contained in such [fishing](/usc/16/1802.md?p=16) gear;
  - (L) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any [observer](/usc/16/1802.md?p=31) on a vessel under this chapter, or any data collector employed by the National Marine [Fisheries](/usc/16/1802.md?p=13) Service or under contract to any [person](/usc/16/1802.md?p=36) to carry out responsibilities under this chapter;
  - (M) to engage in [large-scale driftnet fishing](/usc/16/1802.md?p=25) that is subject to the jurisdiction of the [United States](/usc/16/1802.md?p=45), including use of a [fishing vessel](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) to engage in such [fishing](/usc/16/1802.md?p=16) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation, unless such [large-scale driftnet fishing](/usc/16/1802.md?p=25)—
    - (i) deploys, within the [exclusive economic zone](/usc/16/1802.md?p=11), a net with a total length of less than two and one-half kilometers and a mesh size of 14 inches or greater; and
    - (ii) is conducted within 5 years of December 29, 2022;
  - (N) to strip pollock of its roe and discard the flesh of the pollock;
  - (O) to knowingly and willfully fail to disclose, or to falsely disclose, any financial interest as required under [section 1852(j) of this title](/usc/16/1852.md?p=j), or to knowingly vote on a [Council](/usc/16/460mmm–1.md?p=2) decision in [violation](/usc/16/620e.md?p=11) of [section 1852(j)(7)(A) of this title](/usc/16/1852.md?p=j-7-A);
  - (P)
    - (i) to remove any of the fins of a shark (including the tail) at sea;
    - (ii) to have custody, control, or possession of any such fin aboard a [fishing vessel](/usc/16/1802.md?p=18) unless it is [naturally attached](#1) to the corresponding carcass;
    - (iii) to transfer any such fin from one vessel to another vessel at sea, or to receive any such fin in such transfer, without the fin [naturally attached](#1) to the corresponding carcass; or
    - (iv) to land any such fin that is not [naturally attached](#1) to the corresponding carcass, or to land any shark carcass without such fins [naturally attached](#1);
  - (Q) to [import](/usc/16/1802.md?p=22), export, transport, sell, receive, [acquire](/usc/16/620e.md?p=1), or purchase in interstate or foreign commerce any [fish](/usc/16/1802.md?p=12) taken, possessed, transported, or sold in [violation](/usc/16/620e.md?p=11) of any foreign law or regulation or any [treaty](/usc/16/1802.md?p=43) or in contravention of any binding [conservation](/usc/16/6456.md?p=2) measure adopted by an international agreement or organization to which the [United States](/usc/16/1802.md?p=45) is a party; or
  - (R) to use any [fishing vessel](/usc/16/1802.md?p=18) to engage in [fishing](/usc/16/1802.md?p=16) in Federal or [State](/usc/16/1802.md?p=40) waters, or on the [high seas](/usc/16/1802.md?p=20) or in the waters of another country, after the [Secretary](/usc/16/1802.md?p=39) has made a payment to the [owner](/usc/16/429b–3.md?p=4) of that [fishing vessel](/usc/16/1802.md?p=18) under [section 1861a(b)(2) of this title](/usc/16/1861a.md?p=b-2).

  For purposes of [subparagraph (P)](#1-P), there shall be a rebuttable presumption that if any shark fin (including the tail) is found aboard a vessel, other than a [fishing vessel](/usc/16/1802.md?p=18), without being naturally attached to the corresponding carcass, such fin was transferred in [violation](/usc/16/620e.md?p=11) of [subparagraph (P)(iii)](#1-P-iii) or that if, after landing, the total weight of shark fins (including the tail) landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in [violation](/usc/16/620e.md?p=11) of [subparagraph (P)](#1-P). In such subparagraph, the term “naturally attached”, with respect to a shark fin, means attached to the corresponding shark carcass through some portion of uncut skin.

- (2) for any vessel other than a [vessel of the United States](/usc/16/1802.md?p=48), and for the [owner](/usc/16/429b–3.md?p=4) or operator of any vessel other than a [vessel of the United States](/usc/16/1802.md?p=48), to engage—
  - (A) in [fishing](/usc/16/1802.md?p=16) within the boundaries of any [State](/usc/16/1802.md?p=40), except—
    - (i) [recreational fishing](/usc/16/1802.md?p=37) permitted under [section 1821(i) of this title](/usc/16/1821.md?p=i);
    - (ii) [fish](/usc/16/1802.md?p=12) processing permitted under [section 1856(c) of this title](/usc/16/1856.md?p=c); or
    - (iii) transshipment at sea of [fish](/usc/16/1802.md?p=12) or [fish](/usc/16/1802.md?p=12) products within the boundaries of any [State](/usc/16/1802.md?p=40) in accordance with a permit approved under [section 1824(d) of this title](/usc/16/1824.md?p=d);
  - (B) in [fishing](/usc/16/1802.md?p=16), except [recreational fishing](/usc/16/1802.md?p=37) permitted under [section 1821(i) of this title](/usc/16/1821.md?p=i), within the [exclusive economic zone](/usc/16/1802.md?p=11), or for any [anadromous species](/usc/16/1802.md?p=1) or [Continental Shelf fishery resources](/usc/16/1802.md?p=7) beyond such zone, unless such [fishing](/usc/16/1802.md?p=16) is authorized by, and conducted in accordance with, a valid and applicable permit issued pursuant to section [1824(b)](/usc/16/1824.md?p=b), [(c)](/usc/16/1824.md?p=c), or [(d)](/usc/16/1824.md?p=d) of this title; or
  - (C) except as permitted under [section 1856(c) of this title](/usc/16/1856.md?p=c), in [fish](/usc/16/1802.md?p=12) processing (as defined in [paragraph (4)(A)](/usc/16/1856.md?p=c-4-A) of such section) within the internal waters of a [State](/usc/16/1802.md?p=40) (as defined in [paragraph (4)(B)](/usc/16/1856.md?p=c-4-B) of such section);
- (3) for any [vessel of the United States](/usc/16/1802.md?p=48), and for the [owner](/usc/16/429b–3.md?p=4) or operator of any [vessel of the United States](/usc/16/1802.md?p=48), to transfer at sea directly or indirectly, or attempt to so transfer at sea, any [United States harvested fish](/usc/16/1802.md?p=47) to any [foreign fishing](/usc/16/1802.md?p=19) vessel, while such foreign vessel is within the [exclusive economic zone](/usc/16/1802.md?p=11) or within the boundaries of any [State](/usc/16/1802.md?p=40) except to the extent that the [foreign fishing](/usc/16/1802.md?p=19) vessel has been permitted under [section 1824(d) of this title](/usc/16/1824.md?p=d) or [section 1856(c) of this title](/usc/16/1856.md?p=c) to receive such [fish](/usc/16/1802.md?p=12);
- (4) for any [fishing vessel](/usc/16/1802.md?p=18) other than a [vessel of the United States](/usc/16/1802.md?p=48) to operate, and for the [owner](/usc/16/429b–3.md?p=4) or operator of a [fishing vessel](/usc/16/1802.md?p=18) other than a [vessel of the United States](/usc/16/1802.md?p=48) to operate such vessel, in the [exclusive economic zone](/usc/16/1802.md?p=11) or within the boundaries of any [State](/usc/16/1802.md?p=40), if—
  - (A) all [fishing](/usc/16/1802.md?p=16) gear on the vessel is not stored below deck or in an [area](/usc/16/539m–1.md?p=1-A) where it is not normally used, and not readily available, for [fishing](/usc/16/1802.md?p=16); or
  - (B) all [fishing](/usc/16/1802.md?p=16) gear on the vessel which is not so stored is not secured and covered so as to render it unusable for [fishing](/usc/16/1802.md?p=16);

  unless such vessel is authorized to engage in [fishing](/usc/16/1802.md?p=16) in the [area](/usc/16/539m–1.md?p=1-A) in which the vessel is operating; and

- (5) for any [vessel of the United States](/usc/16/1802.md?p=48), and for the [owner](/usc/16/429b–3.md?p=4) or operator of any [vessel of the United States](/usc/16/1802.md?p=48), to engage in [fishing](/usc/16/1802.md?p=16) in the [waters of a foreign nation](/usc/16/1802.md?p=50) in a manner that violates an [international fishery agreement](/usc/16/1802.md?p=24) between that nation and the [United States](/usc/16/1802.md?p=45) that has been subject to Congressional oversight in the manner described in [section 1823 of this title](/usc/16/1823.md), or any regulations issued to implement such an agreement; except that the binding provisions of such agreement and implementing regulations shall have been published in the Federal Register prior to such [violation](/usc/16/620e.md?p=11).

# §1858. Civil penalties and permit sanctions

- (a) **Assessment of penalty—** Any [person](/usc/16/1802.md?p=36) who is found by the [Secretary](/usc/16/1802.md?p=39), after notice and an opportunity for a hearing in accordance with [section 554 of title 5](/usc/5/554.md), to have committed an act prohibited by [section 1857](/usc/16/1857.md) or [section 1870 of this title](/usc/16/1870.md) shall be liable to the [United States](/usc/16/1802.md?p=45) for a civil penalty. The amount of the civil penalty shall not exceed $100,000 for each [violation](/usc/16/620e.md?p=11). Each day of a continuing [violation](/usc/16/620e.md?p=11) shall constitute a separate offense. The amount of such civil penalty shall be assessed by the [Secretary](/usc/16/1802.md?p=39), or his designee, by written notice. In determining the amount of such penalty, the [Secretary](/usc/16/1802.md?p=39) shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. In assessing such penalty the [Secretary](/usc/16/1802.md?p=39) may also consider any information provided by the violator relating to the ability of the violator to pay, Provided, That the information is served on the [Secretary](/usc/16/1802.md?p=39) at least 30 days prior to an administrative hearing.
- (b) **Review of civil penalty—** Any [person](/usc/16/1802.md?p=36) against whom a civil penalty is assessed under [subsection (a)](#a) or against whom a permit sanction is imposed under [subsection (g)](#g) (other than a permit suspension for nonpayment of penalty or fine) may obtain review thereof in the [United States](/usc/16/1802.md?p=45) district court for the appropriate district by filing a complaint against the [Secretary](/usc/16/1802.md?p=39) in such court within 30 days from the date of such order. The [Secretary](/usc/16/1802.md?p=39) shall promptly file in such court a certified copy of the record upon which such [violation](/usc/16/620e.md?p=11) was found or such penalty imposed, as provided in [section 2112 of title 28](/usc/28/2112.md). The findings and order of the [Secretary](/usc/16/1802.md?p=39) shall be set aside by such court if they are not found to be supported by substantial evidence, as provided in [section 706(2) of title 5](/usc/5/706.md?p=2).
- (c) **Action upon failure to pay assessment—** If any [person](/usc/16/1802.md?p=36) fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the [Secretary](/usc/16/1802.md?p=39), the [Secretary](/usc/16/1802.md?p=39) shall refer the matter to the Attorney General of the [United States](/usc/16/1802.md?p=45), who shall recover the amount assessed in any appropriate district court of the [United States](/usc/16/1802.md?p=45). In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.
- (d) **In rem jurisdiction—** A [fishing vessel](/usc/16/1802.md?p=18) (including its [fishing](/usc/16/1802.md?p=16) gear, furniture, appurtenances, stores, and cargo) used in the [commission](/usc/16/410cc–1.md?p=3) of an act prohibited by [section 1857 of this title](/usc/16/1857.md) shall be liable in rem for any civil penalty assessed for such [violation](/usc/16/620e.md?p=11) under this section and may be proceeded against in any district court of the [United States](/usc/16/1802.md?p=45) having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel which may be recovered in an action in rem in the district court of the [United States](/usc/16/1802.md?p=45) having jurisdiction over the vessel.
- (e) **Compromise or other action by Secretary—** The [Secretary](/usc/16/1802.md?p=39) may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section.
- (f) **Subpenas—** For the purposes of conducting any hearing under this section, the [Secretary](/usc/16/1802.md?p=39) may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the [United States](/usc/16/1802.md?p=45). In case of contempt or refusal to obey a subpena served upon any [person](/usc/16/1802.md?p=36) pursuant to this subsection, the district court of the [United States](/usc/16/1802.md?p=45) for any district in which such [person](/usc/16/1802.md?p=36) is found, resides, or transacts business, upon application by the [United States](/usc/16/1802.md?p=45) and after notice to such [person](/usc/16/1802.md?p=36), shall have jurisdiction to issue an order requiring such [person](/usc/16/1802.md?p=36) to appear and give testimony before the [Secretary](/usc/16/1802.md?p=39) or to appear and produce documents before the [Secretary](/usc/16/1802.md?p=39), or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
- (g) **Permit sanctions—**
  - (1) In any case in which (A) a vessel has been used in the [commission](/usc/16/410cc–1.md?p=3) of an act prohibited under [section 1857 of this title](/usc/16/1857.md), (B) the [owner](/usc/16/429b–3.md?p=4) or operator of a vessel or any other [person](/usc/16/1802.md?p=36) who has been issued or has applied for a permit under this chapter has acted in [violation](/usc/16/620e.md?p=11) of [section 1857 of this title](/usc/16/1857.md), (C) any amount in settlement of a civil forfeiture imposed on a vessel or other property, or any civil penalty or criminal fine imposed on a vessel or [owner](/usc/16/429b–3.md?p=4) or operator of a vessel or any other [person](/usc/16/1802.md?p=36) who has been issued or has applied for a permit under any marine resource law enforced by the [Secretary](/usc/16/1802.md?p=39) has not been paid and is overdue, or (D) any payment required for [observer](/usc/16/1802.md?p=31) services provided to or contracted by an [owner](/usc/16/429b–3.md?p=4) or operator who has been issued a permit or applied for a permit under any marine resource law administered by the [Secretary](/usc/16/1802.md?p=39) has not been paid and is overdue, the [Secretary](/usc/16/1802.md?p=39) may—
    - (i) revoke any permit issued with respect to such vessel or [person](/usc/16/1802.md?p=36), with or without prejudice to the issuance of subsequent permits;
    - (ii) suspend such permit for a period of time considered by the [Secretary](/usc/16/1802.md?p=39) to be appropriate;
    - (iii) deny such permit; or
    - (iv) impose additional conditions and restrictions on any permit issued to or applied for by such vessel or [person](/usc/16/1802.md?p=36) under this chapter and, with respect to [foreign fishing](/usc/16/1802.md?p=19) vessels, on the approved application of the foreign nation involved and on any permit issued under that application.
  - (2) In imposing a sanction under this subsection, the [Secretary](/usc/16/1802.md?p=39) shall take into account—
    - (A) the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed; and
    - (B) with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require.
  - (3) Transfer of ownership of a vessel, by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, by sale or otherwise, the [owner](/usc/16/429b–3.md?p=4) shall disclose in writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to the vessel at the time of the transfer.
  - (4) In the case of any permit that is suspended under this subsection for nonpayment of a civil penalty or criminal fine, the [Secretary](/usc/16/1802.md?p=39) shall reinstate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate.
  - (5) No sanctions shall be imposed under this subsection unless there has been a prior opportunity for a hearing on the facts underlying the [violation](/usc/16/620e.md?p=11) for which the sanction is imposed, either in conjunction with a civil penalty proceeding under this section or otherwise.

# §1859. Criminal offenses

- (a) **Offenses—** A [person](/usc/16/1802.md?p=36) is guilty of an offense if he commits any act prohibited by—
  - (1) section [1857(1)(D)](/usc/16/1857.md?p=1-D), [(E)](/usc/16/1857.md?p=1-E), [(F)](/usc/16/1857.md?p=1-F), [(H)](/usc/16/1857.md?p=1-H), [(I)](/usc/16/1857.md?p=1-I), or [(L)](/usc/16/1857.md?p=1-L) of this title; or
  - (2) [section 1857(2) of this title](/usc/16/1857.md?p=2).
- (b) **Punishment—** Any offense described in [subsection (a)(1)](#a-1) is punishable by a fine of not more than $100,000, or imprisonment for not more than 6 months, or both; except that if in the [commission](/usc/16/410cc–1.md?p=3) of any such offense the [person](/usc/16/1802.md?p=36) [uses](/usc/16/410hhh–1.md?p=10) a dangerous weapon, engages in conduct that causes bodily injury to any [observer](/usc/16/1802.md?p=31) described in [section 1857(1)(L) of this title](/usc/16/1857.md?p=1-L) or any officer authorized to enforce the [provisions of this chapter](/usc/16/1861.md?p=j-1) (as provided for in [section 1861 of this title](/usc/16/1861.md)), or places any such [observer](/usc/16/1802.md?p=31) or officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $200,000, or imprisonment for not more than 10 years, or both. Any offense described in [subsection (a)(2)](#a-2) is punishable by a fine of not more than $200,000.
- (c) **Jurisdiction—** There is Federal jurisdiction over any offense described in this section.

# §1860. Civil forfeitures

- (a) **In general—** Any [fishing vessel](/usc/16/1802.md?p=18) (including its [fishing](/usc/16/1802.md?p=16) gear, furniture, appurtenances, stores, and cargo) used, and any [fish](/usc/16/1802.md?p=12) (or the [fair market value](/usc/16/459b–1.md?p=e) thereof) taken or retained, in any manner, in connection with or as a result of the [commission](/usc/16/410cc–1.md?p=3) of any act prohibited by [section 1857 of this title](/usc/16/1857.md) (other than any act for which the issuance of a citation under [section 1861(c) of this title](/usc/16/1861.md?p=c) is sufficient sanction) shall be subject to forfeiture to the [United States](/usc/16/1802.md?p=45). All or part of such vessel may, and all such [fish](/usc/16/1802.md?p=12) (or the [fair market value](/usc/16/459b–1.md?p=e) thereof) shall, be forfeited to the [United States](/usc/16/1802.md?p=45) pursuant to a civil proceeding under this section.
- (b) **Jurisdiction of district courts—** Any district court of the [United States](/usc/16/1802.md?p=45) which has jurisdiction under [section 1861(d) of this title](/usc/16/1861.md?p=d) shall have jurisdiction, upon application by the Attorney General on behalf of the [United States](/usc/16/1802.md?p=45), to order any forfeiture authorized under [subsection (a)](#a) and any action provided for under [subsection (d)](#d).
- (c) **Judgment—** If a judgment is entered for the [United States](/usc/16/1802.md?p=45) in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the [United States](/usc/16/1802.md?p=45), which has not previously been seized pursuant to this chapter or for which security has not previously been obtained under [subsection (d)](#d). The provisions of the customs laws relating to—
  - (1) the seizure, forfeiture, and condemnation of property for [violation](/usc/16/620e.md?p=11) of the customs law;
  - (2) the disposition of such property or the proceeds from the sale thereof; and
  - (3) the remission or mitigation of any such forfeiture;

  shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the [provisions of this chapter](/usc/16/1861.md?p=j-1), unless such provisions are inconsistent with the purposes, policy, and [provisions of this chapter](/usc/16/1861.md?p=j-1). The duties and powers imposed upon the [Commissioner](/usc/16/3601.md?p=3) of U.S. Customs and Border Protection or other [persons](/usc/16/1802.md?p=36) under such provisions shall, with respect to this chapter, be performed by officers or other [persons](/usc/16/1802.md?p=36) designated for such purpose by the [Secretary](/usc/16/1802.md?p=39).

- (d) **Procedure—**
  - (1) Any officer authorized to serve any process in rem which is issued by a court having jurisdiction under [section 1861(d)](/usc/16/1861.md?p=d) shall—
    - (A) stay the execution of such process; or
    - (B) discharge any [fish](/usc/16/1802.md?p=12) seized pursuant to such process;

    upon the receipt of a satisfactory bond or other security from any [person](/usc/16/1802.md?p=36) claiming such property. Such bond or other security shall be conditioned upon such [person](/usc/16/1802.md?p=36) (i) delivering such property to the appropriate court upon order thereof, without any impairment of its value, or (ii) paying the monetary value of such property pursuant to an order of such court. Judgment shall be recoverable on such bond or other security against both the principal and any sureties in the event that any condition thereof is breached, as determined by such court. Nothing in this paragraph may be construed to require the [Secretary](/usc/16/1802.md?p=39), except in the [Secretary](/usc/16/1802.md?p=39)’s discretion or pursuant to the order of a court under [section 1861(d) of this title](/usc/16/1861.md?p=d), to release on bond any seized [fish](/usc/16/1802.md?p=12) or other property or the proceeds from the sale thereof.

  - (2) Any [fish](/usc/16/1802.md?p=12) seized pursuant to this chapter may be sold, subject to the approval and direction of the appropriate court, for not less than the [fair market value](/usc/16/459b–1.md?p=e) thereof. The proceeds of any such sale shall be deposited with such court pending the disposition of the matter involved.
- (e) **Rebuttable presumptions—**
  - (1) For purposes of this section, it shall be a rebuttable presumption that all [fish](/usc/16/1802.md?p=12) found on [board](/usc/16/1447a.md?p=1) a [fishing vessel](/usc/16/1802.md?p=18) which is seized in connection with an act prohibited by [section 1857 of this title](/usc/16/1857.md) were taken or retained in [violation](/usc/16/620e.md?p=11) of this chapter.
  - (2) For purposes of this chapter, it shall be a rebuttable presumption that any [fish](/usc/16/1802.md?p=12) of a species which spawns in fresh or estuarine waters and migrates to ocean waters that is found on [board](/usc/16/1447a.md?p=1) a vessel is of [United States](/usc/16/1802.md?p=45) origin if the vessel is within the [migratory range](/usc/16/1802.md?p=29) of the species during that part of the year to which the [migratory range](/usc/16/1802.md?p=29) applies.
  - (3) For purposes of this chapter, it shall be a rebuttable presumption that any vessel that is shoreward of the outer boundary of the [exclusive economic zone](/usc/16/1802.md?p=11) of the [United States](/usc/16/1802.md?p=45) or beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation, and that has gear on [board](/usc/16/1447a.md?p=1) that is capable of use for [large-scale driftnet fishing](/usc/16/1802.md?p=25), is engaged in such [fishing](/usc/16/1802.md?p=16).

# §1861. Enforcement

- (a) **Responsibility—** The [provisions of this chapter](#j-1) shall be enforced by the [Secretary](/usc/16/1802.md?p=39) and the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating. Such [Secretaries](/usc/16/1802.md?p=39) may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, including all elements of the Department of Defense, and of any [State](/usc/16/1802.md?p=40) agency, in the performance of such duties.
- (b) **Powers of authorized officers—**
  - (1) Any officer who is authorized (by the [Secretary](/usc/16/1802.md?p=39), the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating, or the head of any Federal or [State](/usc/16/1802.md?p=40) agency which has entered into an agreement with such [Secretaries](/usc/16/1802.md?p=39) under [subsection (a)](#a)) to enforce the [provisions of this chapter](#j-1) may—
    - (A) with or without a warrant or other process—
      - (i) arrest any [person](/usc/16/1802.md?p=36), if he has reasonable cause to believe that such [person](/usc/16/1802.md?p=36) has committed an act prohibited by [section 1857 of this title](/usc/16/1857.md);
      - (ii) [board](/usc/16/1447a.md?p=1), and search or inspect, any [fishing vessel](/usc/16/1802.md?p=18) which is subject to the [provisions of this chapter](#j-1);
      - (iii) seize any [fishing vessel](/usc/16/1802.md?p=18) (together with its [fishing](/usc/16/1802.md?p=16) gear, furniture, appurtenances, stores, and cargo) used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the [violation of any provision of this chapter](#j-2);
      - (iv) seize any [fish](/usc/16/1802.md?p=12) (wherever found) taken or retained in [violation of any provision of this chapter](#j-2);
      - (v) seize any other evidence related to any [violation of any provision of this chapter](#j-2); and
      - (vi) access, directly or indirectly, for enforcement purposes any data or information required to be provided under this subchapter or regulations under this subchapter, including data from vessel monitoring [systems](/usc/16/668ee.md?p=14), satellite-based maritime distress and safety [systems](/usc/16/668ee.md?p=14), or any similar [system](/usc/16/668ee.md?p=14), subject to the confidentiality provisions of [section 1881a of this title](/usc/16/1881a.md);
    - (B) execute any warrant or other process issued by any court of competent jurisdiction; and
    - (C) exercise any other lawful authority.
  - (2) Subject to the direction of the [Secretary](/usc/16/1802.md?p=39), a [person](/usc/16/1802.md?p=36) charged with law enforcement responsibilities by the [Secretary](/usc/16/1802.md?p=39) who is performing a duty related to enforcement of a law regarding [fisheries](/usc/16/1802.md?p=13) or other marine [resources](/usc/16/410hhh–1.md?p=8) may make an arrest without a warrant for an offense against the [United States](/usc/16/1802.md?p=45) committed in his presence, or for a felony cognizable under the laws of the [United States](/usc/16/1802.md?p=45), if he has reasonable grounds to believe that the [person](/usc/16/1802.md?p=36) to be arrested has committed or is committing a felony. The arrest authority described in the preceding sentence may be conferred upon an officer or employee of a [State](/usc/16/1802.md?p=40) agency, subject to such conditions and restrictions as are set forth by agreement between the [State](/usc/16/1802.md?p=40) agency, the [Secretary](/usc/16/1802.md?p=39), and, with respect to enforcement operations within the [exclusive economic zone](/usc/16/1802.md?p=11), the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating.
- (c) **Issuance of citations—** If any officer authorized to enforce the [provisions of this chapter](#j-1) (as provided for in this section) finds that a [fishing vessel](/usc/16/1802.md?p=18) is operating or has been operated in [violation of any provision of this chapter](#j-2), such officer may, in accordance with regulations issued jointly by the [Secretary](/usc/16/1802.md?p=39) and the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating, issue a citation to the [owner](/usc/16/429b–3.md?p=4) or operator of such vessel in lieu of proceeding under [subsection (b)](#b). If a permit has been issued pursuant to this chapter for such vessel, such officer shall note the issuance of any citation under this subsection, including the date thereof and the reason therefor, on the permit. The [Secretary](/usc/16/1802.md?p=39) shall maintain a record of all citations issued pursuant to this subsection.
- (d) **Jurisdiction of courts—** The district courts of the [United States](/usc/16/1802.md?p=45) shall have exclusive jurisdiction over any case or controversy arising under the [provisions of this chapter](#j-1). In the case of Hawaii or any possession of the [United States](/usc/16/1802.md?p=45) in the Pacific Ocean, the appropriate court is the [United States](/usc/16/1802.md?p=45) District Court for the District of Hawaii, except that in the case of Guam and Wake Island, the appropriate court is the [United States](/usc/16/1802.md?p=45) District Court for the District of Guam, and in the case of the Northern Mariana Islands, the appropriate court is the [United States](/usc/16/1802.md?p=45) District Court for the District of the Northern Mariana Islands. Any such court may, at any time—
  - (1) enter restraining orders or prohibitions;
  - (2) issue warrants, process in rem, or other process;
  - (3) prescribe and accept satisfactory bonds or other security; and
  - (4) take such other actions as are in the interest of justice.
- (e) **Payment of storage, care, and other costs—**
  - (1) Notwithstanding any other provision of law, the [Secretary](/usc/16/1802.md?p=39) or the [Secretary](/usc/16/1802.md?p=39) of the Treasury may pay from sums received as fines, penalties, and forfeitures of property for [violations](/usc/16/620e.md?p=11) of any [provisions of this chapter](#j-1) or of any other marine resource law enforced by the [Secretary](/usc/16/1802.md?p=39), including the Lacey Act Amendments of 1981 ([16 U.S.C. 3371](/usc/16/3371.md) et seq.)—
    - (A) the reasonable and necessary costs incurred in providing temporary storage, care, and maintenance of seized [fish](/usc/16/1802.md?p=12) or other property pending disposition of any civil or criminal proceeding alleging a [violation of any provision of this chapter](#j-2) or any other marine resource law enforced by the [Secretary](/usc/16/1802.md?p=39) with respect to that [fish](/usc/16/1802.md?p=12) or other property;
    - (B) a reward of not less than 20 percent of the penalty collected or $20,000, whichever is the lesser amount, to any [person](/usc/16/1802.md?p=36) who furnishes information which leads to an arrest, conviction, civil penalty assessment, or forfeiture of property for any [violation of any provision of this chapter](#j-2) or any other marine resource law enforced by the [Secretary](/usc/16/1802.md?p=39);
    - (C) any expenses directly related to investigations and civil or criminal enforcement proceedings, including any necessary expenses for equipment, training, travel, witnesses, and contracting services directly related to such investigations or proceedings;
    - (D) any valid liens or mortgages against any property that has been forfeited;
    - (E) claims of parties in interest to property disposed of under [section 1612(b) of title 19](/usc/19/1612.md?p=b), as made applicable by [section 1860(c) of this title](/usc/16/1860.md?p=c) or by any other marine resource law enforced by the [Secretary](/usc/16/1802.md?p=39), to seizures made by the [Secretary](/usc/16/1802.md?p=39), in amounts determined by the [Secretary](/usc/16/1802.md?p=39) to be applicable to such claims at the time of seizure; and
    - (F) reimbursement to any Federal or [State](/usc/16/1802.md?p=40) agency, including the Coast Guard, for services performed, or personnel, equipment, or facilities utilized, under any agreement with the [Secretary](/usc/16/1802.md?p=39) entered into pursuant to [subsection (a)](#a), or any similar agreement authorized by law.
  - (2) Any [person](/usc/16/1802.md?p=36) found in an administrative or judicial proceeding to have violated this chapter or any other marine resource law enforced by the [Secretary](/usc/16/1802.md?p=39) shall be liable for the cost incurred in the sale, storage, care, and maintenance of any [fish](/usc/16/1802.md?p=12) or other property lawfully seized in connection with the [violation](/usc/16/620e.md?p=11).
- (f) **Enforcement of Northeast Multispecies Fishery Management Plan—**
  - (1) **Enforcement agreements—** Beginning not later than October 1, 1993, the [Secretary](/usc/16/1802.md?p=39) shall, if requested by the Governor of a [State](/usc/16/1802.md?p=40) represented on the New England [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2), enter into an agreement under [subsection (a)](#a), with each of the [States](/usc/16/544.md?p=r) represented on such [Council](/usc/16/460mmm–1.md?p=2), that authorizes the marine law enforcement agency of such [State](/usc/16/1802.md?p=40) to perform duties of the [Secretary](/usc/16/1802.md?p=39) relating to enforcement of the Northeast Multispecies [Fishery](/usc/16/1802.md?p=13) [Management Plan](/usc/16/460mmm–1.md?p=3).
  - (2) **Reimbursement—** An agreement with a [State](/usc/16/1802.md?p=40) under this subsection shall provide, subject to the availability of appropriations, for reimbursement of the [State](/usc/16/1802.md?p=40) for expenses incurred in detection and prosecution of [violations](/usc/16/620e.md?p=11) of any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) approved by the [Secretary](/usc/16/1802.md?p=39).
  - (3) **Coast Guard enforcement working group—**
    - (A) **Establishment—** The Commander of the First Coast Guard District shall establish an informal [fisheries](/usc/16/1802.md?p=13) enforcement working group to improve the overall compliance with and effectiveness of the regulations issued under the Northeast Multispecies [Fishery](/usc/16/1802.md?p=13) [Management Plan](/usc/16/460mmm–1.md?p=3).
    - (B) **Membership—** The working group shall consist of members selected by the Commander, and shall include—
      - (i) individuals who are [representatives](/usc/16/5609.md?p=13) of various [fishing](/usc/16/1802.md?p=16) ports located in the [States](/usc/16/544.md?p=r) represented on the New England [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2);
      - (ii) captains of [fishing vessels](/usc/16/1802.md?p=18) that operate in waters under the jurisdiction of that [Council](/usc/16/460mmm–1.md?p=2); and
      - (iii) other individuals the Commander considers appropriate.
    - (C) **Non-Federal status of working group members—** An individual shall not receive any compensation for, and shall not be considered to be a Federal employee based on, membership in the working group.
    - (D) **Meetings—** The working group shall meet, at the call of the Commander, at least 4 times each year. The meetings shall be held at various major [fishing](/usc/16/1802.md?p=16) ports in [States](/usc/16/544.md?p=r) represented on the New England [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2), as specified by the Commander.
  - (4) **Use of fines and penalties—** Amounts available to the [Secretary](/usc/16/1802.md?p=39) under this chapter which are attributable to fines and penalties imposed for [violations](/usc/16/620e.md?p=11) of the Northeast Multispecies [Fishery](/usc/16/1802.md?p=13) [Management Plan](/usc/16/460mmm–1.md?p=3) shall be used by the [Secretary](/usc/16/1802.md?p=39) pursuant to this section to enforce that Plan.
- (g) **Enforcement in Pacific Insular Areas—** The [Secretary](/usc/16/1802.md?p=39), in consultation with the Governors of the [Pacific Insular Areas](/usc/16/1802.md?p=35) and the Western Pacific [Council](/usc/16/460mmm–1.md?p=2), shall to the extent practicable support cooperative enforcement agreements between Federal and [Pacific Insular Area](/usc/16/1802.md?p=35) authorities.
- (h) **Joint enforcement agreements—**
  - (1) **In general—** The Governor of an eligible [State](/usc/16/1802.md?p=40) may apply to the [Secretary](/usc/16/1802.md?p=39) for execution of a joint enforcement agreement with the [Secretary](/usc/16/1802.md?p=39) that will authorize the deputization and funding of [State](/usc/16/1802.md?p=40) law enforcement officers with marine law enforcement responsibilities to perform duties of the [Secretary](/usc/16/1802.md?p=39) relating to law enforcement provisions under this subchapter or any other marine resource law enforced by the [Secretary](/usc/16/1802.md?p=39). Upon receiving an application meeting the requirements of this subsection, the [Secretary](/usc/16/1802.md?p=39) may enter into a joint enforcement agreement with the requesting [State](/usc/16/1802.md?p=40).
  - (2) **Eligible State—** A [State](/usc/16/1802.md?p=40) is eligible to participate in the cooperative enforcement agreements under this section if it is in, or bordering on, the Atlantic Ocean (including the Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes.
  - (3) **Requirements—** Joint enforcement agreements executed under [paragraph (1)](#h-1)—
    - (A) shall be consistent with the purposes and intent of this section to the extent applicable to the regulated activities;
    - (B) may include specifications for joint management responsibilities as provided by [section 1525 of title 15](/usc/15/1525.md); and
    - (C) shall provide for confidentiality of data and information submitted to the [State](/usc/16/1802.md?p=40) under [section 1881a of this title](/usc/16/1881a.md).
  - (4) **Allocation of funds—** The [Secretary](/usc/16/1802.md?p=39) shall include in each joint enforcement agreement an allocation of [funds](/usc/16/1421h.md?p=2) to assist in management of the agreement. The allocation shall be fairly distributed among all eligible [States](/usc/16/544.md?p=r) participating in cooperative enforcement agreements under this subsection, based upon consideration of Federal marine enforcement needs, the specific marine [conservation](/usc/16/6456.md?p=2) enforcement needs of each participating eligible [State](/usc/16/1802.md?p=40), and the capacity of the [State](/usc/16/1802.md?p=40) to undertake the marine enforcement mission and assist with enforcement needs. The agreement may provide for amounts to be withheld by the [Secretary](/usc/16/1802.md?p=39) for the cost of any technical or other assistance provided to the [State](/usc/16/1802.md?p=40) by the [Secretary](/usc/16/1802.md?p=39) under the agreement.
- (i) **Improved data sharing—**
  - (1) **In general—** Notwithstanding any other provision of this chapter, as soon as practicable but no later than 21 months after January 12, 2007, the [Secretary](/usc/16/1802.md?p=39) shall implement data-sharing measures to make any data required to be provided by this chapter from satellite-based maritime distress and safety [systems](/usc/16/668ee.md?p=14), vessel monitoring [systems](/usc/16/668ee.md?p=14), or similar [systems](/usc/16/668ee.md?p=14)—
    - (A) directly accessible by [State](/usc/16/1802.md?p=40) enforcement officers authorized under [subsection (a)](#a) of this section; and
    - (B) available to a [State](/usc/16/1802.md?p=40) management agency involved in, or affected by, management of a [fishery](/usc/16/1802.md?p=13) if the [State](/usc/16/1802.md?p=40) has entered into an agreement with the [Secretary](/usc/16/1802.md?p=39) under [section 1881a(b)(1)(B) of this title](/usc/16/1881a.md?p=b-1-B).
  - (2) **Agreement required—** The [Secretary](/usc/16/1802.md?p=39) shall promptly enter into an agreement with a [State](/usc/16/1802.md?p=40) under [section 1881a(b)(1)(B) of this title](/usc/16/1881a.md?p=b-1-B) if—
    - (A) the Attorney General or highest ranking legal officer of the [State](/usc/16/1802.md?p=40) provides a written opinion or certification that [State](/usc/16/1802.md?p=40) law allows the [State](/usc/16/1802.md?p=40) to maintain the confidentiality of information required by Federal law to be kept confidential; or
    - (B) the [Secretary](/usc/16/1802.md?p=39) is provided other reasonable assurance that the [State](/usc/16/1802.md?p=40) can and will protect the identity or business of any [person](/usc/16/1802.md?p=36) to which such information relates.
- (j) **Definitions—** For purposes of this section—
  - (1) The term “provisions of this chapter” includes (A) any regulation or permit issued pursuant to this chapter, and (B) any provision of, or regulation issued pursuant to, any [international fishery agreement](/usc/16/1802.md?p=24) under which [foreign fishing](/usc/16/1802.md?p=19) is authorized by section [1821(b)](/usc/16/1821.md?p=b) or [(c)](/usc/16/1821.md?p=c) of this title, or [section 1824(d) of this title](/usc/16/1824.md?p=d), with respect to [fishing](/usc/16/1802.md?p=16) subject to the exclusive [fishery](/usc/16/1802.md?p=13) management authority of the [United States](/usc/16/1802.md?p=45).
  - (2) The term “violation of any provision of this chapter” includes (A) the [commission](/usc/16/410cc–1.md?p=3) of any act prohibited by [section 1857 of this title](/usc/16/1857.md), and (B) the [violation](/usc/16/620e.md?p=11) of any regulation, permit, or agreement referred to in [paragraph (1)](#j-1).

# §1861a. Transition to sustainable fisheries

- (a) **Fishery resource disaster relief—**
  - (1) **Definitions—** In this subsection:
    - (A) **Allowable cause—** The term “allowable cause” means a [natural cause](#a-1-E), discrete [anthropogenic cause](#a-1-B), or [undetermined cause](#a-1-G), including a cause that occurred not more than 5 years prior to the date of a request for a [fishery resource disaster](#a-1-C) determination that affected such applicable [fishery](/usc/16/1802.md?p=13).
    - (B) **Anthropogenic cause—** The term “anthropogenic cause” means an anthropogenic event, such as an oil spill or spillway opening—
      - (i) that could not have been addressed or prevented by [fishery](/usc/16/1802.md?p=13) management measures; and
      - (ii) that is otherwise beyond the control of [fishery](/usc/16/1802.md?p=13) managers to mitigate through [conservation and management](/usc/16/1802.md?p=5) measures, including regulatory restrictions imposed as a result of judicial action or to protect human health or marine animals, plants, or habitats.
    - (C) **Fishery resource disaster—** The term “fishery resource disaster” means a disaster that is determined by the [Secretary](/usc/16/1802.md?p=39) in accordance with this subsection and—
      - (i) is an unexpected large decrease in [fish](/usc/16/1802.md?p=12) stock biomass or other change that results in significant loss of access to the [fishery resource](/usc/16/1802.md?p=15), which may include loss of [fishing vessels](/usc/16/1802.md?p=18) and gear for a substantial period of time and results in significant revenue loss or negative subsistence impact due to an [allowable cause](#a-1-A); and
      - (ii) does not include—
        - (I) reasonably predictable, foreseeable, and recurrent [fishery](/usc/16/1802.md?p=13) cyclical variations in species distribution or stock abundance; or
        - (II) reductions in [fishing](/usc/16/1802.md?p=16) opportunities resulting from [conservation and management](/usc/16/1802.md?p=5) measures taken pursuant to this chapter.
    - (D) **Indian Tribe—** The term “Indian Tribe” has the meaning given such term in [section 5130 of title 25](/usc/25/5130.md), and the term “Tribal” means of or pertaining to such an Indian tribe.
    - (E) **Natural cause—** The term “natural cause”—
      - (i) means a weather, climatic, hazard, or biology-related event, such as—
        - (I) a hurricane;
        - (II) a flood;
        - (III) a harmful algal bloom;
        - (IV) a tsunami;
        - (V) a hypoxic zone;
        - (VI) a drought;
        - (VII) El Niño effects on water temperature;
        - (VIII) a marine heat wave; or
        - (IX) disease; and
      - (ii) does not mean a normal or cyclical variation in a species distribution or stock abundance.
    - (F) **12-month revenue loss—** The term “12-month revenue loss” means the percentage reduction, as applicable, in commercial, charter, headboat, or processor revenue for the affected [fishery](/usc/16/1802.md?p=13) for the 12 months during which the [fishery resource disaster](#a-1-C) occurred, when compared to average annual revenue in the most recent 5 years when no [fishery resource disaster](#a-1-C) occurred or equivalent for stocks with cyclical life histories.
    - (G) **Undetermined cause—** The term “undetermined cause” means a cause in which the current [state](/usc/16/1802.md?p=40) of knowledge does not allow the [Secretary](/usc/16/1802.md?p=39) to identify the exact cause, and there is no current conclusive evidence supporting a possible cause of the [fishery resource disaster](#a-1-C).
  - (2) **General authority—**
    - (A) **In general—** The [Secretary](/usc/16/1802.md?p=39) shall have the authority to determine the existence, extent, and beginning and end dates of a [fishery resource disaster](#a-1-C) under this subsection in accordance with this subsection.
    - (B) **Availability of funds—** After the [Secretary](/usc/16/1802.md?p=39) determines that a [fishery resource disaster](#a-1-C) has occurred, the [Secretary](/usc/16/1802.md?p=39) is authorized to make sums available, from [funds](/usc/16/1421h.md?p=2) appropriated for such purposes, to be used by the affected [State](/usc/16/1802.md?p=40), [Indian Tribe](#a-1-D), or interstate [marine fisheries commission](/usc/16/1802.md?p=28), or by the [Secretary](/usc/16/1802.md?p=39) in cooperation with the affected [State](/usc/16/1802.md?p=40), [Indian Tribe](#a-1-D), or interstate [marine fisheries commission](/usc/16/1802.md?p=28).
    - (C) **Savings clause—** The requirements under this paragraph and paragraphs [(3)](#a-3), [(4)](#a-4), and [(5)](#a-5) shall take effect only with respect to [fishery resource disaster](#a-1-C) determination requests submitted after December 29, 2022.
  - (3) **Initiation of a fishery resource disaster review—**
    - (A) **Eligible requesters—**
      - (i) **In general—** If the [Secretary](/usc/16/1802.md?p=39) has not independently determined that a [fishery resource disaster](#a-1-C) has occurred, a request for a [fishery resource disaster](#a-1-C) determination may be submitted to the [Secretary](/usc/16/1802.md?p=39) at any time, but not later than the applicable date determined under [clause (ii)](#a-3-A-ii), by—
        - (I) the Governor of an affected [State](/usc/16/1802.md?p=40);
        - (II) an official resolution of an [Indian Tribe](#a-1-D); or
        - (III) any other comparable elected or politically appointed [representative](/usc/16/5609.md?p=13) as determined by the [Secretary](/usc/16/1802.md?p=39).
      - (ii) **Applicable date—** The applicable date under this clause shall be—
        - (I) 1 year after the date of the conclusion of the [fishing](/usc/16/1802.md?p=16) season;
        - (II) in the case of a distinct cause that occurs during more than 1 consecutive [fishing](/usc/16/1802.md?p=16) season, 2 years after the date of the conclusion of the [fishing](/usc/16/1802.md?p=16) season for which the request for a [fishery resource disaster](#a-1-C) determination is made; or
        - (III) in the case of a complete [fishery](/usc/16/1802.md?p=13) closure, 1 year after the date on which that closure is determined by the [Secretary](/usc/16/1802.md?p=39).
    - (B) **Required information—** A complete request for a [fishery resource disaster](#a-1-C) determination under [subparagraph (A)](#a-3-A) shall include—
      - (i) identification of all presumed affected [fish](/usc/16/1802.md?p=12) stocks;
      - (ii) identification of the [fishery](/usc/16/1802.md?p=13) as Federal, non-Federal, or both;
      - (iii) the geographical boundaries of the [fishery](/usc/16/1802.md?p=13), as determined by the eligible requester, including geographic boundaries that are smaller than the [area](/usc/16/539m–1.md?p=1-A) represented by the eligible requester;
      - (iv) preliminary information on causes of the [fishery resource disaster](#a-1-C), if known; and
      - (v) information needed to support a finding of a [fishery resource disaster](#a-1-C), including—
        - (I) information demonstrating the occurrence of an unexpected large decrease in [fish](/usc/16/1802.md?p=12) stock biomass or other change that results in significant loss of access to the [fishery resource](/usc/16/1802.md?p=15), which could include the loss of [fishing vessels](/usc/16/1802.md?p=18) and gear, for a substantial period of time;
        - (II) significant—
          - (aa) [12-month revenue loss](#a-1-F) for the affected [fishery](/usc/16/1802.md?p=13); or
          - (bb) negative subsistence impact for the affected [fishery](/usc/16/1802.md?p=13), or if a [fishery resource disaster](#a-1-C) has occurred at any time in the previous 5-year period, the most recent 5 years when no [fishery resource disaster](#a-1-C) occurred;
        - (III) if applicable, information on lost resource tax revenues assessed by local communities, such as a raw [fish](/usc/16/1802.md?p=12) tax and local sourcing requirements; and
        - (IV) if applicable and available, information on affected [fishery](/usc/16/1802.md?p=13) [12-month revenue loss](#a-1-F) for charter, headboat, or processors related to the information provided under [subclause (I)](#a-3-B-v-I), subject to [section 1881a(b) of this title](/usc/16/1881a.md?p=b).
    - (C) **Assistance—** The [Secretary](/usc/16/1802.md?p=39) may provide data and analysis assistance to an eligible requester described in [paragraph (1)](#a-1), if—
      - (i) the assistance is so requested;
      - (ii) the [Secretary](/usc/16/1802.md?p=39) is in possession of the required information described in [subparagraph (B)](#a-3-B); and
      - (iii) the data is not available to the requester, in carrying out the complete request under [subparagraph (B)](#a-3-B).
    - (D) **Initiation of review—** The [Secretary](/usc/16/1802.md?p=39) shall have the discretion to initiate a [fishery resource disaster](#a-1-C) review without a request.
  - (4) **Review process—**
    - (A) **Interim response—** Not later than 20 days after receipt of a request under [paragraph (3)](#a-3), the [Secretary](/usc/16/1802.md?p=39) shall provide an interim response to the individual that—
      - (i) acknowledges receipt of the request;
      - (ii) provides a regional contact within the National Oceanographic and Atmospheric Administration;
      - (iii) outlines the process and timeline by which a request shall be considered; and
      - (iv) requests additional information concerning the [fishery resource disaster](#a-1-C), if the original request is considered incomplete.
    - (B) **Evaluation of requests—**
      - (i) **In general—** The [Secretary](/usc/16/1802.md?p=39) shall complete a review, within the time frame described in [clause (ii)](#a-4-B-ii), using the best scientific information available, in consultation with the affected [fishing communities](/usc/16/1802.md?p=17), [States](/usc/16/544.md?p=r), or [Indian Tribes](/usc/16/544.md?p=g), of—
        - (I) the information provided by the requester and any additional information relevant to the [fishery](/usc/16/1802.md?p=13), which may include—
          - (aa) [fishery](/usc/16/1802.md?p=13) characteristics;
          - (bb) stock assessments;
          - (cc) the most recent [fishery](/usc/16/1802.md?p=13) independent surveys and other [fishery resource](/usc/16/1802.md?p=15) assessments and surveys conducted by Federal, [State](/usc/16/1802.md?p=40), or [Tribal](#a-1-D) officials;
          - (dd) estimates of mortality; and
          - (ee) overall effects; and
        - (II) the available economic information, which may include an analysis of—
          - (aa) landings data;
          - (bb) revenue;
          - (cc) the number of participants involved;
          - (dd) the number and type of jobs and [persons](/usc/16/1802.md?p=36) impacted, which may include—
            - (AA) fishers;
            - (BB) [charter fishing](/usc/16/1802.md?p=3) operators;
            - (CC) subsistence users;
            - (DD) [United States fish processors](/usc/16/1802.md?p=46); and
            - (EE) an [owner](/usc/16/429b–3.md?p=4) of a related [fishery](/usc/16/1802.md?p=13) infrastructure or business affected by the disaster, such as a marina operator, [recreational fishing](/usc/16/1802.md?p=37) equipment retailer, or charter, headboat, or tender vessel [owner](/usc/16/429b–3.md?p=4), operator, or crew;
          - (ee) an impacted [Indian Tribe](#a-1-D);
          - (ff) other forms of disaster assistance made available to the [fishery](/usc/16/1802.md?p=13), including prior awards of disaster assistance for the same event;
          - (gg) the length of time the resource, or access to the resource, has been restricted;
          - (hh) status of recovery from previous [fishery resource disasters](#a-1-C);
          - (ii) lost resource tax revenues assessed by local communities, such as a raw [fish](/usc/16/1802.md?p=12) tax; and
          - (jj) other appropriate indicators to an affected [fishery](/usc/16/1802.md?p=13), as determined by the National Marine [Fisheries](/usc/16/1802.md?p=13) Service.
      - (ii) **Time frame—** The [Secretary](/usc/16/1802.md?p=39) shall complete the review described in [clause (i)](#a-4-B-i), if the [fishing](/usc/16/1802.md?p=16) season, applicable to the [fishery](/usc/16/1802.md?p=13)—
        - (I) has concluded or there is no defined [fishing](/usc/16/1802.md?p=16) season applicable to the [fishery](/usc/16/1802.md?p=13), not later than 120 days after the [Secretary](/usc/16/1802.md?p=39) receives a complete request for a [fishery resource disaster](#a-1-C) determination;
        - (II) has not concluded, not later than 120 days after the conclusion of the [fishing](/usc/16/1802.md?p=16) season; or
        - (III) is expected to be closed for the entire [fishing](/usc/16/1802.md?p=16) season, not later than 120 days after the [Secretary](/usc/16/1802.md?p=39) receives a complete request for a [fishery resource disaster](#a-1-C) determination.
    - (C) **Fishery resource disaster determination—** The [Secretary](/usc/16/1802.md?p=39) shall make the determination of a [fishery resource disaster](#a-1-C) based on the criteria for determinations listed in [paragraph (5)](#a-5).
    - (D) **Notification—** Not later than 14 days after the conclusion of the review under this paragraph, the [Secretary](/usc/16/1802.md?p=39) shall notify the requester and the Governor of the affected [State](/usc/16/1802.md?p=40) or [Indian Tribe](#a-1-D) [representative](/usc/16/5609.md?p=13) of the determination of the [Secretary](/usc/16/1802.md?p=39).
  - (5) **Criteria for determinations—**
    - (A) **In general—** The [Secretary](/usc/16/1802.md?p=39) shall make a determination about whether a [fishery resource disaster](#a-1-C) has occurred, based on the revenue loss thresholds under [subparagraph (B)](#a-5-B), and, if a [fishery resource disaster](#a-1-C) has occurred, whether the [fishery resource disaster](#a-1-C) was due to—
      - (i) a [natural cause](#a-1-E);
      - (ii) an [anthropogenic cause](#a-1-B);
      - (iii) a combination of a [natural cause](#a-1-E) and an [anthropogenic cause](#a-1-B); or
      - (iv) an [undetermined cause](#a-1-G).
    - (B) **Revenue loss thresholds—**
      - (i) **In general—** Based on the information provided or analyzed under [paragraph (4)(B)](#a-4-B), the [Secretary](/usc/16/1802.md?p=39) shall apply the following [12-month revenue loss](#a-1-F) thresholds in determining whether a [fishery resource disaster](#a-1-C) has occurred:
        - (I) Losses greater than 80 percent may result in a positive determination that a [fishery resource disaster](#a-1-C) has occurred, based on the information provided or analyzed under [paragraph (4)(B)](#a-4-B).
        - (II) Losses between 35 percent and 80 percent shall be evaluated to determine whether economic impacts are severe enough to determine that a [fishery resource disaster](#a-1-C) has occurred.
        - (III) Losses less than 35 percent shall not be eligible for a determination that a [fishery resource disaster](#a-1-C) has occurred.
      - (ii) **Charter fishing—** In making a determination of whether a [fishery resource disaster](#a-1-C) has occurred, the [Secretary](/usc/16/1802.md?p=39) shall consider the economic impacts to the [charter fishing](/usc/16/1802.md?p=3) industry to ensure financial coverage for [charter fishing](/usc/16/1802.md?p=3) businesses.
      - (iii) **Negative subsistence impacts—** In considering negative subsistence impacts, the [Secretary](/usc/16/1802.md?p=39) shall evaluate the severity of negative impacts to the [fishing community](/usc/16/1802.md?p=17) instead of applying the revenue loss thresholds described in [clause (i)](#a-5-B-i).
    - (C) **Ineligible fisheries—** A [fishery](/usc/16/1802.md?p=13) subject to [overfishing](/usc/16/1802.md?p=34) in any of the 3 years preceding the date of a determination under this subsection is not eligible for a determination of whether a [fishery resource disaster](#a-1-C) has occurred unless the [Secretary](/usc/16/1802.md?p=39) determines that [overfishing](/usc/16/1802.md?p=34) was not a contributing factor to the [fishery resource disaster](#a-1-C).
    - (D) **Exceptional circumstances—** In an exceptional circumstance where substantial economic impacts to the affected [fishery](/usc/16/1802.md?p=13) and [fishing community](/usc/16/1802.md?p=17) have been subject to a disaster declaration under another statutory authority, such as in the case of a natural disaster or from the direct consequences of a Federal action taken to prevent, or in response to, a natural disaster for purposes of protecting life and safety, the [Secretary](/usc/16/1802.md?p=39) may determine a [fishery resource disaster](#a-1-C) has occurred without a request, notwithstanding the requirements under [subparagraph (B)](#a-5-B) and [paragraph (3)](#a-3).
  - (6) **Disbursal of appropriated funds—**
    - (A) **Authorization—** The [Secretary](/usc/16/1802.md?p=39) shall allocate [funds](/usc/16/1421h.md?p=2) available under [paragraph (9)](#a-9) for [fishery resource disasters](#a-1-C).
    - (B) **Allocation of appropriated fishery resource disaster assistance—**
      - (i) **Notification of funding availability—** When there are appropriated [funds](/usc/16/1421h.md?p=2) for 1 or more [fishery resource disasters](#a-1-C), the [Secretary](/usc/16/1802.md?p=39) shall notify—
        - (I) the public; and
        - (II) [representatives](/usc/16/5609.md?p=13) of affected [fishing communities](/usc/16/1802.md?p=17) with a positive disaster determination that is unfunded;

      of the availability of [funds](/usc/16/1421h.md?p=2), not more than 14 days after the date of the appropriation or the determination of a [fishery resource disaster](#a-1-C), whichever occurs later.

      - (ii) **Extension of deadline—** The [Secretary](/usc/16/1802.md?p=39) may extend the deadline under [clause (i)](#a-6-B-i) by 90 days to evaluate and make determinations on eligible requests.
    - (C) **Considerations—** In determining the allocation of appropriations for a [fishery resource disaster](#a-1-C), the [Secretary](/usc/16/1802.md?p=39) shall consider commercial, charter, headboat, or seafood processing revenue losses and negative impacts to subsistence or [Indian Tribe](#a-1-D) ceremonial [fishing](/usc/16/1802.md?p=16) opportunity, for the affected [fishery](/usc/16/1802.md?p=13), and may consider the following factors:
      - (i) Direct economic impacts.
      - (ii) Uninsured losses.
      - (iii) Losses of [recreational fishing](/usc/16/1802.md?p=37) opportunity.
      - (iv) Aquaculture operations revenue loss.
      - (v) Direct revenue losses to a [fishing community](/usc/16/1802.md?p=17).
      - (vi) [Treaty](/usc/16/1802.md?p=43) obligations.
      - (vii) Other economic impacts.
    - (D) **Spend plans—**
      - (i) **In general—** To receive an allocation from [funds](/usc/16/1421h.md?p=2) available under [paragraph (9)](#a-9), a requester with an affirmative [fishery resource disaster](#a-1-C) determination shall submit a spend plan to the [Secretary](/usc/16/1802.md?p=39), not more than 120 days after receiving notification that [funds](/usc/16/1421h.md?p=2) are available, that shall include the following information, if applicable:
        - (I) Objectives and outcomes, with an emphasis on addressing the factors contributing to the [fishery resource disaster](#a-1-C) and minimizing future uninsured losses, if applicable.
        - (II) Statement of work.
        - (III) Budget details.
      - (ii) **Review—**
        - (I) **In general—** The [Secretary](/usc/16/1802.md?p=39) shall review a spend plan submitted under [clause (i)](#a-6-D-i) to determine if it is complete and provide notice within 10 days.
        - (II) **Incomplete spend plan—** If the [Secretary](/usc/16/1802.md?p=39) determines that a spend plan submitted under [clause (i)](#a-6-D-i) is not complete, when providing the notice required by [subclause (I)](#a-6-D-ii-I), the [Secretary](/usc/16/1802.md?p=39) shall provide a detailed description of the information that is necessary for the spend plan to be determined complete.
    - (E) **Regional contact—** If so requested, the [Secretary](/usc/16/1802.md?p=39) shall provide a regional contact within the National Oceanic and Atmospheric Administration to facilitate review of spend plans and disbursal of [funds](/usc/16/1421h.md?p=2).
    - (F) **Disbursal of funds—**
      - (i) **Availability—**
        - (I) **Timeline—** [Funds](/usc/16/1421h.md?p=2) shall be made available to grantees not later than 90 days after the date the [Secretary](/usc/16/1802.md?p=39) receives a complete spend plan.
        - (II) **Review of completed spend plan and apportionment of funds—** If so requested, the Director of the Office of Management and Budget may review a completed spend plan concurrently with the [Secretary](/usc/16/1802.md?p=39). The Director of the Office of Management and Budget may not delay the timeline described in [subclause (I)](#a-6-F-i-I).
      - (ii) **Method—** The [Secretary](/usc/16/1802.md?p=39) may provide an allocation of [funds](/usc/16/1421h.md?p=2) under this subsection in the form of a grant, direct payment, cooperative agreement, loan, or contract.
      - (iii) **Eligible uses—**
        - (I) **In general—** [Funds](/usc/16/1421h.md?p=2) allocated for [fishery resources](/usc/16/1802.md?p=15) disasters under this subsection shall restore the [fishery](/usc/16/1802.md?p=13) affected by such a disaster, prevent a similar disaster in the future, or assist the affected [fishing community](/usc/16/1802.md?p=17), and shall prioritize the following [uses](/usc/16/410hhh–1.md?p=10), which are not in order of priority:
          - (aa) Habitat [conservation](/usc/16/6456.md?p=2) and [restoration](/usc/16/6456.md?p=2) and other activities, including scientific research, that reduce adverse impacts to the [fishery](/usc/16/1802.md?p=13) or improve understanding of the affected species or its ecosystem.
          - (bb) The collection of [fishery](/usc/16/1802.md?p=13) information and other activities that improve management of the affected [fishery](/usc/16/1802.md?p=13).
          - (cc) In a commercial [fishery](/usc/16/1802.md?p=13), capacity reduction and other activities that improve management of [fishing](/usc/16/1802.md?p=16) effort, including [funds](/usc/16/1421h.md?p=2) to offset budgetary costs to refinance a Federal [fishing](/usc/16/1802.md?p=16) capacity reduction loan or to repay the principal of a Federal [fishing](/usc/16/1802.md?p=16) capacity reduction loan.
          - (dd) Developing, repairing, or improving [fishery](/usc/16/1802.md?p=13)-related public infrastructure.
          - (ee) Direct assistance to a [person](/usc/16/1802.md?p=36), [fishing community](/usc/16/1802.md?p=17) (including assistance for lost [fisheries](/usc/16/1802.md?p=13) resource levies), or a business to alleviate economic loss incurred as a direct result of a [fishery resource disaster](#a-1-C), particularly when affected by a circumstance described in [paragraph (5)(D)](#a-5-D) or by negative impacts to subsistence or [Indian Tribe](#a-1-D) ceremonial [fishing](/usc/16/1802.md?p=16) opportunity.
          - (ff) Hatcheries and stock enhancement to help rebuild the affected stock or offset [fishing](/usc/16/1802.md?p=16) pressure on the affected stock.
        - (II) **Displaced fishery employees—** Where appropriate, individuals carrying out the activities described in [items (aa) through (dd)](#a-6-F-iii-I-aa..a-6-F-iii-I-dd) of subclause (I) shall be individuals who are, or were, employed in a commercial, charter, or [Indian Tribe](#a-1-D) [fishery](/usc/16/1802.md?p=13) for which the [Secretary](/usc/16/1802.md?p=39) has determined that a [fishery resource disaster](#a-1-C) has occurred.
  - (7) **Limitations—**
    - (A) **Federal share—**
      - (i) **In general—** Except as provided in clauses [(ii)](#a-7-A-ii) and [(iii)](#a-7-A-iii), the Federal share of the cost of any activity carried out under the authority of this subsection shall not exceed 75 percent of the cost of that activity.
      - (ii) **Waiver—** The [Secretary](/usc/16/1802.md?p=39) may waive the non-Federal share requirements of this subsection, if the [Secretary](/usc/16/1802.md?p=39) determines that—
        - (I) no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement; and
        - (II) the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the non-Federal share requirement.
      - (iii) **Exception—** The Federal share shall be equal to 100 percent in the case of—
        - (I) direct assistance as described in [paragraph (6)(F)(iii)(I)(ee)](#a-6-F-iii-I-ee); or
        - (II) assistance to subsistence or [Tribal](#a-1-D) [fisheries](/usc/16/1802.md?p=13).
    - (B) **Limitations on administrative expenses—**
      - (i) **Federal—** Not more than 3 percent of the [funds](/usc/16/1421h.md?p=2) available under this subsection may be used for administrative expenses by the National Oceanographic and Atmospheric Administration.
      - (ii) **State governments or Indian Tribes—** Of the [funds](/usc/16/1421h.md?p=2) remaining after the use described in [clause (i)](#a-7-B-i), not more than 5 percent may be used by [States](/usc/16/544.md?p=r), [Indian Tribes](/usc/16/544.md?p=g), or interstate [marine fisheries commissions](/usc/16/1802.md?p=28) for administrative expenses.
    - (C) **Fishing capacity reduction program—**
      - (i) **In general—** No [funds](/usc/16/1421h.md?p=2) available under this subsection may be used as part of a [fishing](/usc/16/1802.md?p=16) capacity reduction [program](/usc/16/460ss–6.md?p=1) in a [fishery](/usc/16/1802.md?p=13) unless the [Secretary](/usc/16/1802.md?p=39) determines that adequate [conservation and management](/usc/16/1802.md?p=5) measures are in place in such [fishery](/usc/16/1802.md?p=13).
      - (ii) **Assistance conditions—** As a condition of providing assistance under this subsection with respect to a vessel under a [fishing](/usc/16/1802.md?p=16) capacity reduction [program](/usc/16/460ss–6.md?p=1), the [Secretary](/usc/16/1802.md?p=39) shall—
        - (I) prohibit the vessel from being used for [fishing](/usc/16/1802.md?p=16) in Federal, [State](/usc/16/1802.md?p=40), or international waters; and
        - (II) require that the vessel be—
          - (aa) scrapped or otherwise disposed of in a manner approved by the [Secretary](/usc/16/1802.md?p=39);
          - (bb) donated to a nonprofit organization and thereafter used only for purposes of research, education, or training; or
          - (cc) used for another non-[fishing](/usc/16/1802.md?p=16) purpose provided the [Secretary](/usc/16/1802.md?p=39) determines that adequate measures are in place to ensure that the vessel cannot reenter any [fishery](/usc/16/1802.md?p=13) anywhere in the world.
    - (D) **No fishery endorsement—**
      - (i) **In general—** A vessel that is prohibited from [fishing](/usc/16/1802.md?p=16) under [subparagraph (C)(ii)(I)](#a-7-C-ii-I) shall not be eligible for a [fishery](/usc/16/1802.md?p=13) endorsement under [section 12113(a) of title 46](/usc/46/12113.md?p=a).
      - (ii) **Noneffective—** A [fishery](/usc/16/1802.md?p=13) endorsement for a vessel described in [clause (i)](#a-7-D-i) shall not be effective.
      - (iii) **No sale—** A vessel described in [clause (i)](#a-7-D-i) shall not be sold to a foreign [owner](/usc/16/429b–3.md?p=4) or reflagged.
  - (8) **Public information on data collection—** The [Secretary](/usc/16/1802.md?p=39) shall make available and update as appropriate, information on data collection and submittal best practices for the information described in [paragraph (4)(B)](#a-4-B).
  - (9) **Authorization of appropriations—** There are authorized to be appropriated to carry out this subsection $377,000,000 for the period of fiscal years 2023 through 2027.
- (b) **Fishing capacity reduction program—**
  - (1) The [Secretary](/usc/16/1802.md?p=39), at the request of the appropriate [Council](/usc/16/460mmm–1.md?p=2) for [fisheries](/usc/16/1802.md?p=13) under the authority of such [Council](/usc/16/460mmm–1.md?p=2), the Governor of a [State](/usc/16/1802.md?p=40) for [fisheries](/usc/16/1802.md?p=13) under [State](/usc/16/1802.md?p=40) authority, or a majority of permit holders in the [fishery](/usc/16/1802.md?p=13), may conduct a voluntary [fishing](/usc/16/1802.md?p=16) capacity reduction [program](/usc/16/460ss–6.md?p=1) (referred to in this section as the “[program](/usc/16/460ss–6.md?p=1)”) in a [fishery](/usc/16/1802.md?p=13) if the [Secretary](/usc/16/1802.md?p=39) determines that the [program](/usc/16/460ss–6.md?p=1)—
    - (A) is necessary to prevent or end [overfishing](/usc/16/1802.md?p=34), rebuild stocks of [fish](/usc/16/1802.md?p=12), or achieve measurable and significant improvements in the [conservation and management](/usc/16/1802.md?p=5) of the [fishery](/usc/16/1802.md?p=13);
    - (B) is consistent with the Federal or [State](/usc/16/1802.md?p=40) [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or [program](/usc/16/460ss–6.md?p=1) in effect for such [fishery](/usc/16/1802.md?p=13), as appropriate, and that the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3)—
      - (i) will prevent the replacement of [fishing](/usc/16/1802.md?p=16) capacity removed by the [program](/usc/16/460ss–6.md?p=1) through a moratorium on new entrants, practicable restrictions on vessel upgrades, and other effort control measures, taking into account the full potential [fishing](/usc/16/1802.md?p=16) capacity of the fleet; and
      - (ii) establishes a specified or target total allowable catch or other measures that trigger closure of the [fishery](/usc/16/1802.md?p=13) or adjustments to reduce catch; and
    - (C) is cost-effective and, in the instance of a [program](/usc/16/460ss–6.md?p=1) involving an industry fee [system](/usc/16/668ee.md?p=14), prospectively capable of repaying any debt obligation incurred under [section 53735 of title 46](/usc/46/53735.md).
  - (2) The objective of the [program](/usc/16/460ss–6.md?p=1) shall be to obtain the maximum sustained reduction in [fishing](/usc/16/1802.md?p=16) capacity at the least cost and in a minimum period of time. To achieve that objective, the [Secretary](/usc/16/1802.md?p=39) is authorized to pay—
    - (A) the [owner](/usc/16/429b–3.md?p=4) of a [fishing vessel](/usc/16/1802.md?p=18), if the permit authorizing the participation of the vessel in the [fishery](/usc/16/1802.md?p=13) is surrendered for permanent revocation and the vessel [owner](/usc/16/429b–3.md?p=4) and permit holder relinquish any claim associated with the vessel or permit that could qualify such [owner](/usc/16/429b–3.md?p=4) or holder for any present or future [limited access system](/usc/16/1802.md?p=27) permit in the [fishery](/usc/16/1802.md?p=13) for which the [program](/usc/16/460ss–6.md?p=1) is established or in any other [fishery](/usc/16/1802.md?p=13) and such vessel is (i) scrapped, or (ii) through the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating, subjected to title restrictions (including loss of the vessel’s [fisheries](/usc/16/1802.md?p=13) endorsement) that permanently prohibit and effectively prevent its use in [fishing](/usc/16/1802.md?p=16) in federal[^1] or [state](/usc/16/1802.md?p=40)[^1] waters, or [fishing](/usc/16/1802.md?p=16) on the [high seas](/usc/16/1802.md?p=20) or in the [waters of a foreign nation](/usc/16/1802.md?p=50); or
    - (B) the holder of a permit authorizing participation in the [fishery](/usc/16/1802.md?p=13), if such permit is surrendered for permanent revocation, and such holder relinquishes any claim associated with the permit and vessel used to harvest [fishery resources](/usc/16/1802.md?p=15) under the permit that could qualify such holder for any present or future [limited access system](/usc/16/1802.md?p=27) permit in the [fishery](/usc/16/1802.md?p=13) for which the [program](/usc/16/460ss–6.md?p=1) was established.
  - (3) Participation in the [program](/usc/16/460ss–6.md?p=1) shall be voluntary, but the [Secretary](/usc/16/1802.md?p=39) shall ensure compliance by all who do participate.
  - (4) The harvester proponents of each [program](/usc/16/460ss–6.md?p=1) and the [Secretary](/usc/16/1802.md?p=39) shall consult, as appropriate and practicable, with [Councils](/usc/16/5102.md?p=5), Federal agencies, [State](/usc/16/1802.md?p=40) and regional authorities, affected [fishing communities](/usc/16/1802.md?p=17), participants in the [fishery](/usc/16/1802.md?p=13), [conservation](/usc/16/6456.md?p=2) organizations, and other interested parties throughout the development and implementation of any [program](/usc/16/460ss–6.md?p=1) under this section.
  - (5) **Payment condition.—** The [Secretary](/usc/16/1802.md?p=39) may not make a payment under [paragraph (2)](#b-2) with respect to a vessel that will not be scrapped unless the [Secretary](/usc/16/1802.md?p=39) certifies that the vessel will not be used for [fishing](/usc/16/1802.md?p=16) in the [waters of a foreign nation](/usc/16/1802.md?p=50) or [fishing](/usc/16/1802.md?p=16) on the [high seas](/usc/16/1802.md?p=20).
  - (6) **Report.—**
    - (A) **In general.—** Subject to the availability of [funds](/usc/16/1421h.md?p=2), the [Secretary](/usc/16/1802.md?p=39) shall, within 12 months after January 12, 2007, submit to the Congress a report—
      - (i) identifying and describing the 20 [fisheries](/usc/16/1802.md?p=13) in [United States](/usc/16/1802.md?p=45) waters with the most severe examples of excess harvesting capacity in the [fisheries](/usc/16/1802.md?p=13), based on value of each [fishery](/usc/16/1802.md?p=13) and the amount of excess harvesting capacity as determined by the [Secretary](/usc/16/1802.md?p=39);
      - (ii) recommending measures for reducing such excess harvesting capacity, including the retirement of any latent [fishing](/usc/16/1802.md?p=16) permits that could contribute to further excess harvesting capacity in those [fisheries](/usc/16/1802.md?p=13); and
      - (iii) potential sources of funding for such measures.
    - (B) **Basis for recommendations.—** The [Secretary](/usc/16/1802.md?p=39) shall base the recommendations made with respect to a [fishery](/usc/16/1802.md?p=13) on—
      - (i) the most cost effective means of achieving voluntary reduction in capacity for the [fishery](/usc/16/1802.md?p=13) using the potential for industry financing; and
      - (ii) including measures to prevent the capacity that is being removed from the [fishery](/usc/16/1802.md?p=13) from moving to other [fisheries](/usc/16/1802.md?p=13) in the [United States](/usc/16/1802.md?p=45), in the [waters of a foreign nation](/usc/16/1802.md?p=50), or on the [high seas](/usc/16/1802.md?p=20).
- (c) **Program funding—**
  - (1) The [program](/usc/16/460ss–6.md?p=1) may be funded by any combination of amounts—
    - (A) available under clause (iv) of [section 713c–3(b)(1)(A) of title 15](/usc/15/713c–3.md?p=b-1-A);
    - (B) appropriated for the purposes of this section;
    - (C) provided by an industry fee [system](/usc/16/668ee.md?p=14) established under [subsection (d)](#d) and in accordance with [section 53735 of title 46](/usc/46/53735.md); or
    - (D) provided from any [State](/usc/16/1802.md?p=40) or other public sources or private or non-profit organizations.
  - (2) All [funds](/usc/16/1421h.md?p=2) for the [program](/usc/16/460ss–6.md?p=1), including any fees established under [subsection (d)](#d), shall be paid into the [fishing](/usc/16/1802.md?p=16) capacity reduction [fund](/usc/16/1421h.md?p=2) established under [section 53735 of title 46](/usc/46/53735.md).
- (d) **Industry fee system—**
  - (1)
    - (A) If an industry fee [system](/usc/16/668ee.md?p=14) is necessary to [fund](/usc/16/1421h.md?p=2) the [program](/usc/16/460ss–6.md?p=1), the [Secretary](/usc/16/1802.md?p=39) may conduct a referendum on such [system](/usc/16/668ee.md?p=14). Prior to the referendum, the [Secretary](/usc/16/1802.md?p=39) shall—
      - (i) identify, to the extent practicable, and notify all permit or vessel [owners](/usc/16/429b–3.md?p=4) who would be affected by the [program](/usc/16/460ss–6.md?p=1); and
      - (ii) make available to such [owners](/usc/16/429b–3.md?p=4) information about the industry fee [system](/usc/16/668ee.md?p=14) describing the schedule, procedures, and eligibility requirements for the referendum, the proposed [program](/usc/16/460ss–6.md?p=1), and the amount and duration and any other terms and conditions of the proposed fee [system](/usc/16/668ee.md?p=14).
    - (B) The industry fee [system](/usc/16/668ee.md?p=14) shall be considered approved if the referendum votes which are cast in favor of the proposed [system](/usc/16/668ee.md?p=14) constitute at least a majority of the permit holders in the [fishery](/usc/16/1802.md?p=13), or 50 percent of the permitted allocation of the [fishery](/usc/16/1802.md?p=13), who participated in the [fishery](/usc/16/1802.md?p=13).
  - (2) Notwithstanding [section 1854(d) of this title](/usc/16/1854.md?p=d) and consistent with an approved industry fee [system](/usc/16/668ee.md?p=14), the [Secretary](/usc/16/1802.md?p=39) is authorized to establish such a [system](/usc/16/668ee.md?p=14) to [fund](/usc/16/1421h.md?p=2) the [program](/usc/16/460ss–6.md?p=1) and repay debt obligations incurred pursuant to [section 53735 of title 46](/usc/46/53735.md). The fees for a [program](/usc/16/460ss–6.md?p=1) established under this section shall—
    - (A) be determined by the [Secretary](/usc/16/1802.md?p=39) and adjusted from time to time as the [Secretary](/usc/16/1802.md?p=39) considers necessary to ensure the availability of sufficient [funds](/usc/16/1421h.md?p=2) to repay such debt obligations;
    - (B) not exceed 5 percent of the ex-vessel value of all [fish](/usc/16/1802.md?p=12) harvested from the [fishery](/usc/16/1802.md?p=13) for which the [program](/usc/16/460ss–6.md?p=1) is established;
    - (C) be deducted by the first ex-vessel [fish](/usc/16/1802.md?p=12) purchaser from the proceeds otherwise payable to the seller and accounted for and forwarded by such [fish](/usc/16/1802.md?p=12) purchasers to the [Secretary](/usc/16/1802.md?p=39) in such manner as the [Secretary](/usc/16/1802.md?p=39) may establish, unless the [Secretary](/usc/16/1802.md?p=39) determines that such fees should be collected from the seller; and
    - (D) be in effect only until such time as the debt obligation has been fully paid.
- (e) **Implementation plan—**
  - (1) **Framework regulations—** The [Secretary](/usc/16/1802.md?p=39) shall propose and adopt framework regulations applicable to the implementation of all [programs](/usc/16/460ss–6.md?p=1) under this section.
  - (2) **Program regulations—** The [Secretary](/usc/16/1802.md?p=39) shall implement each [program](/usc/16/460ss–6.md?p=1) under this section by promulgating regulations that, together with the framework regulations, establish each [program](/usc/16/460ss–6.md?p=1) and control its implementation.
  - (3) **Harvester proponents’ implementation plan—** The [Secretary](/usc/16/1802.md?p=39) may not propose implementation regulations for a [program](/usc/16/460ss–6.md?p=1) to be paid for by an industry fee [system](/usc/16/668ee.md?p=14) until the harvester proponents of the [program](/usc/16/460ss–6.md?p=1) provide to the [Secretary](/usc/16/1802.md?p=39) a proposed implementation plan that, among other matters—
    - (A) proposes the types and numbers of vessels or permits that are eligible to participate in the [program](/usc/16/460ss–6.md?p=1) and the manner in which the [program](/usc/16/460ss–6.md?p=1) shall proceed, taking into account—
      - (i) the requirements of this section;
      - (ii) the requirements of the framework regulations;
      - (iii) the characteristics of the [fishery](/usc/16/1802.md?p=13) and affected [fishing communities](/usc/16/1802.md?p=17);
      - (iv) the requirements of the applicable [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) and any amendment that such plan may require to support the proposed [program](/usc/16/460ss–6.md?p=1);
      - (v) the general needs and desires of harvesters in the [fishery](/usc/16/1802.md?p=13);
      - (vi) the need to minimize [program](/usc/16/460ss–6.md?p=1) costs; and
      - (vii) other matters, including the manner in which such proponents propose to [fund](/usc/16/1421h.md?p=2) the [program](/usc/16/460ss–6.md?p=1) to ensure its cost effectiveness, as well as any relevant factors demonstrating the potential for, or necessary to obtain, the support and general cooperation of a substantial number of affected harvesters in the [fishery](/usc/16/1802.md?p=13) (or portion of the [fishery](/usc/16/1802.md?p=13)) for which the [program](/usc/16/460ss–6.md?p=1) is intended; and
    - (B) proposes procedures for [program](/usc/16/460ss–6.md?p=1) participation (such as submission of [owner](/usc/16/429b–3.md?p=4) bids under an auction [system](/usc/16/668ee.md?p=14) or fair market-value assessment), including any terms and conditions for participation, that the harvester proponents deem to be reasonably necessary to meet the [program](/usc/16/460ss–6.md?p=1)’s proposed objectives.
  - (4) **Participation contracts—** The [Secretary](/usc/16/1802.md?p=39) shall contract with each [person](/usc/16/1802.md?p=36) participating in a [program](/usc/16/460ss–6.md?p=1), and each such contract shall, in [addition](/usc/16/410r–5.md?p=c-2) to including such other matters as the [Secretary](/usc/16/1802.md?p=39) deems necessary and appropriate to effectively implement each [program](/usc/16/460ss–6.md?p=1) (including penalties for contract non-performance) be consistent with the framework and implementing regulations and all other applicable law.
  - (5) **Reduction auctions—** Each [program](/usc/16/460ss–6.md?p=1) not involving fair market assessment shall involve a reduction auction that scores the reduction price of each bid offer by the data relevant to each bidder under an appropriate [fisheries](/usc/16/1802.md?p=13) productivity factor. If the [Secretary](/usc/16/1802.md?p=39) accepts bids, the [Secretary](/usc/16/1802.md?p=39) shall accept responsive bids in the rank order of their bid scores, starting with the bid whose reduction price is the lowest percentage of the productivity factor, and successively accepting each additional responsive bid in rank order until either there are no more responsive bids or acceptance of the next bid would cause the total value of bids accepted to exceed the amount of [funds](/usc/16/1421h.md?p=2) available for the [program](/usc/16/460ss–6.md?p=1).
  - (6) **Bid invitations—** Each [program](/usc/16/460ss–6.md?p=1) shall proceed by the [Secretary](/usc/16/1802.md?p=39) issuing invitations to bid setting out the terms and conditions for participation consistent with the framework and implementing regulations. Each bid that the [Secretary](/usc/16/1802.md?p=39) receives in response to the invitation to bid shall constitute an irrevocable offer from the bidder.

# §1861b. Fisheries enforcement plans and reporting

- (a) **Fisheries enforcement plans—** In preparing the Coast Guard’s annual [fisheries](/usc/16/1802.md?p=13) enforcement plan, the Commandant of the Coast Guard shall consult with the Under [Secretary](/usc/16/1802.md?p=39) of Commerce for Oceans and Atmosphere and with [State](/usc/16/1802.md?p=40) and local enforcement authorities.
- (b) **Fishery patrols—** Prior to undertaking [fisheries](/usc/16/1802.md?p=13) patrols, the Commandant of the Coast Guard shall notify the Under [Secretary](/usc/16/1802.md?p=39) of Commerce for Oceans and Atmosphere and appropriate [State](/usc/16/1802.md?p=40) and local enforcement authorities of the projected dates for such patrols.
- (c) **Annual summary—** The Commandant of the Coast Guard shall prepare and make available to the Under [Secretary](/usc/16/1802.md?p=39) of Commerce for Oceans and Atmosphere, [State](/usc/16/1802.md?p=40) and local enforcement entities, and other relevant stakeholders, an annual summary report of [fisheries](/usc/16/1802.md?p=13) enforcement activities for the preceding year, including a summary of the number of patrols, law enforcement actions taken, and resource hours expended.

# §1862. North Pacific fisheries conservation

- (a) **In general—** The North Pacific [Council](/usc/16/460mmm–1.md?p=2) may prepare, in consultation with the [Secretary](/usc/16/1802.md?p=39), a [fisheries](/usc/16/1802.md?p=13) research plan for any [fishery](/usc/16/1802.md?p=13) under the [Council](/usc/16/460mmm–1.md?p=2)’s jurisdiction except a salmon [fishery](/usc/16/1802.md?p=13) which—
  - (1) requires that [observers](/usc/16/1802.md?p=31) be stationed on [fishing vessels](/usc/16/1802.md?p=18) engaged in the catching, taking, or harvesting of [fish](/usc/16/1802.md?p=12) and on [United States fish processors](/usc/16/1802.md?p=46) [fishing](/usc/16/1802.md?p=16) for or processing species under the jurisdiction of the [Council](/usc/16/460mmm–1.md?p=2), including the Northern Pacific halibut [fishery](/usc/16/1802.md?p=13), for the purpose of collecting data necessary for the [conservation](/usc/16/6456.md?p=2), management, and scientific understanding of any [fisheries](/usc/16/1802.md?p=13) under the [Council](/usc/16/460mmm–1.md?p=2)’s jurisdiction; and
  - (2) establishes a [system](/usc/16/668ee.md?p=14), or [system](/usc/16/668ee.md?p=14),[^1] of fees, which may vary by [fishery](/usc/16/1802.md?p=13), management [area](/usc/16/539m–1.md?p=1-A), or [observer](/usc/16/1802.md?p=31) coverage level, to pay for the cost of implementing the plan.
- (b) **Standards—**
  - (1) Any plan or plan amendment prepared under this section shall be reasonably calculated to—
    - (A) gather reliable data, by stationing [observers](/usc/16/1802.md?p=31) on all or a statistically reliable sample of the [fishing vessels](/usc/16/1802.md?p=18) and [United States fish processors](/usc/16/1802.md?p=46) included in the plan, necessary for the [conservation](/usc/16/6456.md?p=2), management, and scientific understanding of the [fisheries](/usc/16/1802.md?p=13) covered by the plan;
    - (B) be fair and equitable to all vessels and processors;
    - (C) be consistent with applicable provisions of law; and
    - (D) take into consideration the operating requirements of the [fisheries](/usc/16/1802.md?p=13) and the safety of [observers](/usc/16/1802.md?p=31) and fishermen.
  - (2) Any [system](/usc/16/668ee.md?p=14) of fees established under this section shall—
    - (A) provide that the total amount of fees collected under this section not exceed the combined cost of (i) stationing [observers](/usc/16/1802.md?p=31), or electronic monitoring [systems](/usc/16/668ee.md?p=14), on [board](/usc/16/1447a.md?p=1) [fishing vessels](/usc/16/1802.md?p=18) and [United States fish processors](/usc/16/1802.md?p=46), (ii) the actual cost of inputting collected data, and (iii) assessments necessary for a risk-sharing pool implemented under [subsection (e)](#e) of this section, less any amount received for such purpose from another source or from an existing surplus in the North Pacific [Fishery](/usc/16/1802.md?p=13) [Observer](/usc/16/1802.md?p=31) [Fund](/usc/16/1421h.md?p=2) established in [subsection (d)](#d) of this section;
    - (B) be fair and equitable to all participants in the [fisheries](/usc/16/1802.md?p=13) under the jurisdiction of the [Council](/usc/16/460mmm–1.md?p=2), including the Northern Pacific halibut [fishery](/usc/16/1802.md?p=13);
    - (C) provide that fees collected not be used to pay any costs of administrative overhead or other costs not directly incurred in carrying out the plan;
    - (D) not be used to offset amounts authorized under other provisions of law;
    - (E) be expressed as a fixed amount reflecting actual [observer](/usc/16/1802.md?p=31) costs as described in [subparagraph (A)](#b-2-A) or a percentage, not to exceed 2 percent, of the unprocessed ex-vessel value of [fish](/usc/16/1802.md?p=12) and shellfish harvested under the jurisdiction of the [Council](/usc/16/460mmm–1.md?p=2), including the Northern Pacific halibut [fishery](/usc/16/1802.md?p=13);
    - (F) be assessed against some or all [fishing vessels](/usc/16/1802.md?p=18) and [United States fish processors](/usc/16/1802.md?p=46), including those not required to carry an [observer](/usc/16/1802.md?p=31) or an electronic monitoring [system](/usc/16/668ee.md?p=14) under the plan, participating in [fisheries](/usc/16/1802.md?p=13) under the jurisdiction of the [Council](/usc/16/460mmm–1.md?p=2), including the Northern Pacific halibut [fishery](/usc/16/1802.md?p=13);
    - (G) provide that fees collected will be deposited in the North Pacific [Fishery](/usc/16/1802.md?p=13) [Observer](/usc/16/1802.md?p=31) [Fund](/usc/16/1421h.md?p=2) established under [subsection (d)](#d) of this section;
    - (H) provide that fees collected will only be used for implementing the plan established under this section;
    - (I) provide that fees collected will be credited against any fee for stationing [observers](/usc/16/1802.md?p=31) or electronic monitoring [systems](/usc/16/668ee.md?p=14) on [board](/usc/16/1447a.md?p=1) [fishing vessels](/usc/16/1802.md?p=18) and [United States fish processors](/usc/16/1802.md?p=46) and the actual cost of inputting collected data to which a [fishing vessel](/usc/16/1802.md?p=18) or [fish](/usc/16/1802.md?p=12) processor is subject under [section 1854(d) of this title](/usc/16/1854.md?p=d); and
    - (J) meet the requirements of [section 9701(b) of title 31](/usc/31/9701.md?p=b).
- (c) **Action by Secretary—**
  - (1) Within 60 days after receiving a plan or plan amendment from the North Pacific [Council](/usc/16/460mmm–1.md?p=2) under this section, the [Secretary](/usc/16/1802.md?p=39) shall review such plan or plan amendment and either (A) remand such plan or plan amendment to the [Council](/usc/16/460mmm–1.md?p=2) with comments if it does not meet the requirements of this section, or (B) publish in the Federal Register proposed regulations for implementing such plan or plan amendment.
  - (2) During the 60-day public comment period, the [Secretary](/usc/16/1802.md?p=39) shall conduct a public hearing in each [State](/usc/16/1802.md?p=40) represented on the [Council](/usc/16/460mmm–1.md?p=2) for the purpose of receiving public comments on the proposed regulations.
  - (3) Within 45 days of the close of the public comment period, the [Secretary](/usc/16/1802.md?p=39), in consultation with the [Council](/usc/16/460mmm–1.md?p=2), shall analyze the public comment received and publish final regulations for implementing such plan.
  - (4) If the [Secretary](/usc/16/1802.md?p=39) remands a plan or plan amendment to the [Council](/usc/16/460mmm–1.md?p=2) for failure to meet the requirements of this section, the [Council](/usc/16/460mmm–1.md?p=2) may resubmit such plan or plan amendment at any time after taking action the [Council](/usc/16/460mmm–1.md?p=2) believes will address the defects identified by the [Secretary](/usc/16/1802.md?p=39). Any plan or plan amendment resubmitted to the [Secretary](/usc/16/1802.md?p=39) will be treated as an original plan submitted to the [Secretary](/usc/16/1802.md?p=39) under paragraph (1) of this subsection.
- (d) **Fishery Observer Fund—** There is established in the Treasury a North Pacific [Fishery](/usc/16/1802.md?p=13) [Observer](/usc/16/1802.md?p=31) [Fund](/usc/16/1421h.md?p=2). The [Fund](/usc/16/1421h.md?p=2) shall be available, without appropriation or fiscal year limitation, only to the [Secretary](/usc/16/1802.md?p=39) for the purpose of carrying out the provisions of this section, subject to the restrictions in [subsection (b)(2)](#b-2) of this section. The [Fund](/usc/16/1421h.md?p=2) shall consist of all monies deposited into it in accordance with this section. Sums in the [Fund](/usc/16/1421h.md?p=2) that are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the [United States](/usc/16/1802.md?p=45).
- (e) **Special provisions regarding observers—**
  - (1) The [Secretary](/usc/16/1802.md?p=39) shall review—
    - (A) the feasibility of establishing a risk sharing pool through a reasonable fee, subject to the limitations of [subsection (b)(2)(E)](#b-2-E) of this section, to provide coverage for vessels and [owners](/usc/16/429b–3.md?p=4) against liability from civil suits by [observers](/usc/16/1802.md?p=31), and
    - (B) the availability of comprehensive commercial insurance for vessel and [owner](/usc/16/429b–3.md?p=4) liability against civil suits by [observers](/usc/16/1802.md?p=31).
  - (2) If the [Secretary](/usc/16/1802.md?p=39) determines that a risk sharing pool is feasible, the [Secretary](/usc/16/1802.md?p=39) shall establish such a pool, subject to the provisions of [subsection (b)(2)](#b-2) of this section, unless the [Secretary](/usc/16/1802.md?p=39) determines that—
    - (A) comprehensive commercial insurance is available for all [fishing vessels](/usc/16/1802.md?p=18) and [United States fish processors](/usc/16/1802.md?p=46) required to have [observers](/usc/16/1802.md?p=31) under the provisions of this section, and
    - (B) such comprehensive commercial insurance will provide a greater measure of coverage at a lower cost to each participant.
- (f) **Bycatch reduction—** In implementing [section 1853(a)(11) of this title](/usc/16/1853.md?p=a-11) and this section, the North Pacific [Council](/usc/16/460mmm–1.md?p=2) shall submit [conservation and management](/usc/16/1802.md?p=5) measures to lower, on an annual basis for a period of not less than four years, the total amount of [economic discards](/usc/16/1802.md?p=9) occurring in the [fisheries](/usc/16/1802.md?p=13) under its jurisdiction.
- (g) **Bycatch reduction incentives—**
  - (1) Notwithstanding [section 1854(d) of this title](/usc/16/1854.md?p=d), the North Pacific [Council](/usc/16/460mmm–1.md?p=2) may submit, and the [Secretary](/usc/16/1802.md?p=39) may approve, consistent with the [provisions of this chapter](/usc/16/1861.md?p=j-1), a [system](/usc/16/668ee.md?p=14) of fines in a [fishery](/usc/16/1802.md?p=13) to provide incentives to reduce [bycatch](/usc/16/1802.md?p=2) and [bycatch](/usc/16/1802.md?p=2) rates; except that such fines shall not exceed $25,000 per vessel per season. Any fines collected shall be deposited in the North Pacific [Fishery](/usc/16/1802.md?p=13) [Observer](/usc/16/1802.md?p=31) [Fund](/usc/16/1421h.md?p=2), and may be made available by the [Secretary](/usc/16/1802.md?p=39) to offset costs related to the reduction of [bycatch](/usc/16/1802.md?p=2) in the [fishery](/usc/16/1802.md?p=13) from which such fines were derived, including [conservation and management](/usc/16/1802.md?p=5) measures and research, and to the [State](/usc/16/1802.md?p=40) of Alaska to offset costs incurred by the [State](/usc/16/1802.md?p=40) in the [fishery](/usc/16/1802.md?p=13) from which such penalties were derived or in [fisheries](/usc/16/1802.md?p=13) in which the [State](/usc/16/1802.md?p=40) is directly involved in management or enforcement and which are directly affected by the [fishery](/usc/16/1802.md?p=13) from which such penalties were derived.
  - (2)
    - (A) Notwithstanding [section 1853(d) of this title](/usc/16/1853.md), and in [addition](/usc/16/410r–5.md?p=c-2) to the authority provided in [section 1853(b)(10) of this title](/usc/16/1853.md?p=b-10), the North Pacific [Council](/usc/16/460mmm–1.md?p=2) may submit, and the [Secretary](/usc/16/1802.md?p=39) may approve, [conservation and management](/usc/16/1802.md?p=5) measures which provide allocations of [regulatory discards](/usc/16/1802.md?p=38) to individual [fishing vessels](/usc/16/1802.md?p=18) as an incentive to reduce per vessel [bycatch](/usc/16/1802.md?p=2) and [bycatch](/usc/16/1802.md?p=2) rates in a [fishery](/usc/16/1802.md?p=13), Provided, That—
      - (i) such allocations may not be transferred for monetary consideration and are made only on an annual basis; and
      - (ii) any such [conservation and management](/usc/16/1802.md?p=5) measures will meet the requirements of [subsection (h)](#h) and will result in an actual reduction in [regulatory discards](/usc/16/1802.md?p=38) in the [fishery](/usc/16/1802.md?p=13).
    - (B) The North Pacific [Council](/usc/16/460mmm–1.md?p=2) may submit restrictions in [addition](/usc/16/410r–5.md?p=c-2) to the restriction imposed by [clause (i)](#g-2-A-i) of subparagraph (A) on the transferability of any such allocations, and the [Secretary](/usc/16/1802.md?p=39) may approve such recommendation.
- (h) **Catch measurement—**
  - (1) By June 1, 1997 the North Pacific [Council](/usc/16/460mmm–1.md?p=2) shall submit, and the [Secretary](/usc/16/1802.md?p=39) may approve, consistent with the other [provisions of this chapter](/usc/16/1861.md?p=j-1), [conservation and management](/usc/16/1802.md?p=5) measures to ensure total catch measurement in each [fishery](/usc/16/1802.md?p=13) under the jurisdiction of such [Council](/usc/16/460mmm–1.md?p=2). Such measures shall ensure the accurate enumeration, at a minimum, of target species, [economic discards](/usc/16/1802.md?p=9), and [regulatory discards](/usc/16/1802.md?p=38).
  - (2) To the extent the measures submitted under [paragraph (1)](#h-1) do not require [United States fish processors](/usc/16/1802.md?p=46) and [fish](/usc/16/1802.md?p=12) processing vessels (as defined in [chapter 21](/usc/46/chstII-ptA-ch21.md) of title 46) to weigh [fish](/usc/16/1802.md?p=12), the North Pacific [Council](/usc/16/460mmm–1.md?p=2) and the [Secretary](/usc/16/1802.md?p=39) shall submit a plan to the Congress by January 1, 1998, to allow for weighing, including recommendations to assist such processors and processing vessels in acquiring necessary equipment, unless the [Council](/usc/16/460mmm–1.md?p=2) determines that such weighing is not necessary to meet the requirements of this subsection.
- (i) **Full retention and utilization—**
  - (1) The North Pacific [Council](/usc/16/460mmm–1.md?p=2) shall submit to the [Secretary](/usc/16/1802.md?p=39) by October 1, 1998 a report on the advisability of requiring the full retention by [fishing vessels](/usc/16/1802.md?p=18) and full utilization by [United States fish processors](/usc/16/1802.md?p=46) of [economic discards](/usc/16/1802.md?p=9) in [fisheries](/usc/16/1802.md?p=13) under its jurisdiction if such [economic discards](/usc/16/1802.md?p=9), or the mortality of such [economic discards](/usc/16/1802.md?p=9), cannot be avoided. The report shall address the projected impacts of such requirements on participants in the [fishery](/usc/16/1802.md?p=13) and describe any full retention and full utilization requirements that have been implemented.
  - (2) The report shall address the advisability of measures to minimize processing waste, including standards setting minimum percentages which must be processed for human consumption. For the purpose of the report, “processing waste” means that portion of any [fish](/usc/16/1802.md?p=12) which is processed and which could be used for human consumption or other commercial use, but which is not so used.
- (j) **Bering Sea and Aleutian Islands crab rationalization—**
  - (1) By not later than January 1, 2005, the [Secretary](/usc/16/1802.md?p=39) shall approve and hereafter[^2] implement by regulation the Voluntary Three-Pie Cooperative [Program](/usc/16/460ss–6.md?p=1) for crab [fisheries](/usc/16/1802.md?p=13) of the Bering Sea and Aleutian Islands approved by the North Pacific [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2) between June 2002 and April 2003, and all trailing amendments including those reported to Congress on May 6, 2003. This section shall not preclude the [Secretary](/usc/16/1802.md?p=39) from approving by January 1, 2005, and implementing any subsequent [program](/usc/16/460ss–6.md?p=1) amendments approved by the [Council](/usc/16/460mmm–1.md?p=2).
  - (2) Notwithstanding any other provision of this chapter, in carrying out [paragraph (1)](#j-1) the [Secretary](/usc/16/1802.md?p=39) shall approve all parts of the [Program](/usc/16/460ss–6.md?p=1) referred to in such paragraph. Further, no part of such [Program](/usc/16/460ss–6.md?p=1) may be implemented if, as approved by the North Pacific [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2), [individual fishing quotas](/usc/16/1802.md?p=23), processing quotas, community development quota allocation, voluntary cooperatives, binding arbitration, regional landing and processing requirements, community protections, economic data collection, or the loan [program](/usc/16/460ss–6.md?p=1) for crab [fishing vessel](/usc/16/1802.md?p=18) captains and crew members, is invalidated subject to a judicial determination not subject to judicial appeal. If the [Secretary](/usc/16/1802.md?p=39) determines that a processor has leveraged its Individual Processor Quota shares to [acquire](/usc/16/620e.md?p=1) a harvesters open-delivery “B shares”, the processor’s Individual Processor Quota shares shall be forfeited.
  - (3) Subsequent to implementation pursuant to [paragraph (1)](#j-1), the [Council](/usc/16/460mmm–1.md?p=2) may submit and the [Secretary](/usc/16/1802.md?p=39) may implement changes to or repeal of [conservation and management](/usc/16/1802.md?p=5) measures, including measures authorized in this section, for crab [fisheries](/usc/16/1802.md?p=13) of the Bering Sea and Aleutian Islands in accordance with applicable law, including this chapter as amended by this subsection, to achieve on a continuing basis the purposes identified by the [Council](/usc/16/460mmm–1.md?p=2).
  - (4) The loan [program](/usc/16/460ss–6.md?p=1) referred to in [paragraph (2)](#j-2) shall be carried out pursuant to the authority of sections [53735](/usc/46/53735.md) and [53702(b)](/usc/46/53702.md?p=b) of title 46.
  - (5) For purposes of implementing this section $1,000,000 shall be made available each year until fully implemented from [funds](/usc/16/1421h.md?p=2) otherwise made available to the National Marine [Fisheries](/usc/16/1802.md?p=13) Service for Alaska [fisheries](/usc/16/1802.md?p=13) activities.
  - (6) Nothing in this chapter shall constitute a waiver, either express or implied, of the antitrust laws of the [United States](/usc/16/1802.md?p=45). The [Secretary](/usc/16/1802.md?p=39), in consultation with the Department of Justice and the Federal Trade [Commission](/usc/16/410cc–1.md?p=3), shall develop and implement a mandatory information collection and review process to provide any and all information necessary for the Department of Justice and the Federal Trade [Commission](/usc/16/410cc–1.md?p=3) to determine whether any illegal acts of anti-competition, anti-[trust](/usc/16/450ss–1.md?p=4), or price collusion have occurred among [persons](/usc/16/1802.md?p=36) receiving individual processing quotas under the [Program](/usc/16/460ss–6.md?p=1). The [Secretary](/usc/16/1802.md?p=39) may revoke any individual processing quota held by any [person](/usc/16/1802.md?p=36) found to have violated a provision of the antitrust laws of the [United States](/usc/16/1802.md?p=45).
  - (7) An individual processing quota issued under the [Program](/usc/16/460ss–6.md?p=1) shall be considered a permit for the purposes of sections [1857](/usc/16/1857.md), [1858](/usc/16/1858.md), and [1859](/usc/16/1859.md) of this title, and may be revoked or limited at any time in accordance with this chapter. Issuance of an individual processing quota under the [program](/usc/16/460ss–6.md?p=1) shall not confer any right of compensation to the holder of such individual processing quota if it is revoked or limited and shall not create, or be construed to create, any right, title, or interest in or to any [fish](/usc/16/1802.md?p=12) before the [fish](/usc/16/1802.md?p=12) is purchased from an [individual fishing quota](/usc/16/1802.md?p=23) holder.
  - (8) The restriction on the collection of economic data in [section 1853 of this title](/usc/16/1853.md) shall not apply with respect to any [fish](/usc/16/1802.md?p=12) processor who is eligible for, or who has received, individual processing quota under the [Program](/usc/16/460ss–6.md?p=1). The restriction on the disclosure of information in [section 1881a(b)(1) of this title](/usc/16/1881a.md?p=b-1) shall not apply when the information is used to determine eligibility for or compliance with an individual processing quota [program](/usc/16/460ss–6.md?p=1).
  - (9) The provisions of sections [1858](/usc/16/1858.md), [1860](/usc/16/1860.md), and [1861](/usc/16/1861.md) of this title shall apply to the processing facilities and [fish](/usc/16/1802.md?p=12) products of any [person](/usc/16/1802.md?p=36) holding individual processing quota, and the provisions of subparagraphs [(D)](/usc/16/1857.md), [(E)](/usc/16/1857.md), and [(L)](/usc/16/1857.md) of section 1857(l)[^3] of this title shall apply to any facility owned or controlled by a [person](/usc/16/1802.md?p=36) holding individual processing quota.

# §1863. Northwest Atlantic Ocean Fisheries Reinvestment Program

- (a) **Program—**
  - (1) Not later than October 1, 1993, the [Secretary](/usc/16/1802.md?p=39) shall establish a Northwest Atlantic Ocean [Fisheries](/usc/16/1802.md?p=13) Reinvestment [Program](/usc/16/460ss–6.md?p=1) for the purposes of—
    - (A) promoting development of commercial [fisheries](/usc/16/1802.md?p=13) and markets for [underutilized species of the northwest Atlantic Ocean](#d);
    - (B) developing alternative [fishing](/usc/16/1802.md?p=16) opportunities for participants in the New England groundfish [fishery](/usc/16/1802.md?p=13);
    - (C) providing technical support and assistance to [United States](/usc/16/1802.md?p=45) fishermen and [fish](/usc/16/1802.md?p=12) processors to improve the value-added processing of underutilized species and to make participation in [fisheries](/usc/16/1802.md?p=13) for [underutilized species of the northwest Atlantic Ocean](#d) economically viable;
    - (D) creating new economic opportunities through the improved processing and expanded use of [fish](/usc/16/1802.md?p=12) waste; and
    - (E) helping to restore [overfished](/usc/16/1802.md?p=34) New England groundfish stocks through aquaculture or hatchery [programs](/usc/16/460ss–6.md?p=1).
  - (2) **Consultation.—** In establishing and implementing the Northwest [Fisheries](/usc/16/1802.md?p=13) Reinvestment [Program](/usc/16/460ss–6.md?p=1), the [Secretary](/usc/16/1802.md?p=39) shall consult with [representatives](/usc/16/5609.md?p=13) of the [commercial fishing](/usc/16/1802.md?p=4) industry, the seafood processing industry, and the academic community (including the National Sea Grant [Program](/usc/16/460ss–6.md?p=1)).
  - (3) **Activities Under Program.—** Subject to the availability of appropriations, the [Secretary](/usc/16/1802.md?p=39) shall award contracts, grants and other financial assistance to [United States](/usc/16/1802.md?p=45) citizens to carry out the purposes of subsection[^1] (1), under the terms and conditions provided in [section 713c–3(c) of title 15](/usc/15/713c–3.md?p=c), except that, in making awards under this section for [projects](/usc/16/410r–5.md?p=c-4) involving participation in [fisheries](/usc/16/1802.md?p=13) for underutilized species, the [Secretary](/usc/16/1802.md?p=39) shall give the highest priority to a [person](/usc/16/1802.md?p=36) who owns or operates a [fishing vessel](/usc/16/1802.md?p=18) permitted under this chapter to participate in the New England groundfish [fishery](/usc/16/1802.md?p=13) who agrees to surrender that permit to the [Secretary](/usc/16/1802.md?p=39) during the duration of the contract, grant or other assistance.
  - (4) **Authorization of Appropriations.—** There are authorized to be appropriated $5,000,000 for each of fiscal years 1993 through 1999 to carry out the purposes of this section. For fiscal year 1993 no more than $1,000,000, and for fiscal year 1994 no more than $2,000,000, of such [funds](/usc/16/1421h.md?p=2) may be provided from monies made available under [section 713c–3(b) of title 15](/usc/15/713c–3.md?p=b).
- (b) **Assistance of other agencies—** The [Secretary](/usc/16/1802.md?p=39) shall actively seek the assistance of other Federal agencies in the development of [fisheries](/usc/16/1802.md?p=13) for [underutilized species of the northwest Atlantic Ocean](#d), including, to the extent permitted by other applicable laws, assistance from the [Secretary](/usc/16/1802.md?p=39) of Agriculture in including such underutilized species as agricultural commodities in the [programs](/usc/16/460ss–6.md?p=1) of the Foreign Agricultural Service for which amounts are authorized under the Food, Agriculture, [Conservation](/usc/16/6456.md?p=2), and Trade Act of 1990 (Public Law 101–624; 104 Stat. 3359).
- (c) **Management plans for underutilized species—** The New England [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2), in consultation with other appropriate [Councils](/usc/16/5102.md?p=5), shall develop [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3) as soon as possible for any [underutilized species of the northwest Atlantic Ocean](#d) that is not covered under such a plan, in order to prevent [overfishing](/usc/16/1802.md?p=34) of that species.
- (d) **“Underutilized species” defined—** For purposes of this section, the term “underutilized species of the northwest Atlantic Ocean” means any [fish](/usc/16/1802.md?p=12) species of the northwest Atlantic Ocean that is identified, by the Director of the Northeast [Fisheries](/usc/16/1802.md?p=13) Center of the National Marine [Fisheries](/usc/16/1802.md?p=13) Service, as an underutilized species.

# [§1864. Repealed. Pub. L. 117–328, div. S, title II, § 203(a), Dec. 29, 2022, 136 Stat. 5269 — repealed]



# §1865. Bycatch reduction engineering program

- (a) **Bycatch reduction engineering program—** Not later than 1 year after January 12, 2007, the [Secretary](/usc/16/1802.md?p=39), in cooperation with the [Councils](/usc/16/5102.md?p=5) and other affected interests, and based upon the best scientific information available, shall establish a [bycatch](/usc/16/1802.md?p=2) reduction [program](/usc/16/460ss–6.md?p=1), including grants, to develop technological devices and other [conservation](/usc/16/6456.md?p=2) engineering changes designed to minimize [bycatch](/usc/16/1802.md?p=2), seabird interactions, [bycatch](/usc/16/1802.md?p=2) mortality, and post-release mortality in Federally managed [fisheries](/usc/16/1802.md?p=13). The [program](/usc/16/460ss–6.md?p=1) shall—
  - (1) be regionally based;
  - (2) be coordinated with [projects](/usc/16/410r–5.md?p=c-4) conducted under the cooperative research and management [program](/usc/16/460ss–6.md?p=1) established under this chapter;
  - (3) provide information and outreach to [fishery](/usc/16/1802.md?p=13) participants that will encourage adoption and use of technologies developed under the [program](/usc/16/460ss–6.md?p=1); and
  - (4) provide for routine consultation with the [Councils](/usc/16/5102.md?p=5) in order to maximize opportunities to incorporate results of the [program](/usc/16/460ss–6.md?p=1) in [Council](/usc/16/460mmm–1.md?p=2) actions and provide incentives for adoption of methods developed under the [program](/usc/16/460ss–6.md?p=1) in [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3) developed by the [Councils](/usc/16/5102.md?p=5).
- (b) **Incentives—** Any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) prepared by a [Council](/usc/16/460mmm–1.md?p=2) or by the [Secretary](/usc/16/1802.md?p=39) may establish a [system](/usc/16/668ee.md?p=14) of incentives to reduce total [bycatch](/usc/16/1802.md?p=2) and seabird interactions, amounts, [bycatch](/usc/16/1802.md?p=2) rates, and post-release mortality in [fisheries](/usc/16/1802.md?p=13) under the [Council](/usc/16/460mmm–1.md?p=2)’s or [Secretary](/usc/16/1802.md?p=39)’s jurisdiction, including—
  - (1) measures to incorporate [bycatch](/usc/16/1802.md?p=2) into quotas, including the establishment of collective or individual [bycatch](/usc/16/1802.md?p=2) quotas;
  - (2) measures to promote the use of gear with verifiable and monitored low [bycatch](/usc/16/1802.md?p=2) and seabird interactions, rates; and
  - (3) measures that, based on the best scientific information available, will reduce [bycatch](/usc/16/1802.md?p=2) and seabird interactions, [bycatch](/usc/16/1802.md?p=2) mortality, post-release mortality, or [regulatory discards](/usc/16/1802.md?p=38) in the [fishery](/usc/16/1802.md?p=13).
- (c) **Coordination on seabird interactions—** The [Secretary](/usc/16/1802.md?p=39), in coordination with the [Secretary](/usc/16/1802.md?p=39) of[^1] Interior, is authorized to undertake [projects](/usc/16/410r–5.md?p=c-4) in cooperation with industry to improve information and technology to reduce seabird [bycatch](/usc/16/1802.md?p=2), including—
  - (1) outreach to industry on new technologies and methods;
  - (2) [projects](/usc/16/410r–5.md?p=c-4) to mitigate for seabird mortality; and
  - (3) actions at appropriate international [fishery](/usc/16/1802.md?p=13) organizations to reduce seabird interactions in [fisheries](/usc/16/1802.md?p=13).
- (d) **Report—** The [Secretary](/usc/16/1802.md?p=39) shall transmit an annual report to the Senate [Committee](/usc/16/941b.md?p=1) on Commerce, Science, and Transportation and the House of [Representatives](/usc/16/5609.md?p=13) [Committee](/usc/16/941b.md?p=1) on [Resources](/usc/16/410hhh–1.md?p=8) that—
  - (1) describes funding provided to implement this section;
  - (2) describes developments in gear technology achieved under this section; and
  - (3) describes improvements and reduction in [bycatch](/usc/16/1802.md?p=2) and seabird interactions associated with implementing this section, as well as [proposals](/usc/16/7302.md?p=3) to address remaining [bycatch](/usc/16/1802.md?p=2) or seabird interaction problems.

# §1866. Shark feeding


Except to the extent determined by the [Secretary](/usc/16/1802.md?p=39), or under [State](/usc/16/1802.md?p=40) law, as presenting no public health hazard or safety risk, or when conducted as part of a research [program](/usc/16/460ss–6.md?p=1) funded in whole or in part by appropriated [funds](/usc/16/1421h.md?p=2), it is unlawful to introduce, or attempt to introduce, food or any other substance into the water to attract sharks for any purpose other than to harvest sharks within the [Exclusive Economic Zone](/usc/16/1802.md?p=11) seaward of the [State](/usc/16/1802.md?p=40) of Hawaii and of the Commonwealths, territories, and possessions of the [United States](/usc/16/1802.md?p=45) in the Pacific Ocean [Area](/usc/16/539m–1.md?p=1-A).


# §1867. Cooperative research and management program

- (a) **In general—** The [Secretary](/usc/16/1802.md?p=39) of Commerce, in consultation with the [Councils](/usc/16/5102.md?p=5), shall establish a cooperative research and management [program](/usc/16/460ss–6.md?p=1) to address needs identified under this chapter and under any other marine resource laws enforced by the [Secretary](/usc/16/1802.md?p=39). The [program](/usc/16/460ss–6.md?p=1) shall be implemented on a regional basis and shall be developed and conducted through [partnerships](/usc/16/8202.md?p=7) among Federal, [State](/usc/16/1802.md?p=40), and Tribal managers and scientists (including interstate [fishery](/usc/16/1802.md?p=13) [commissions](/usc/16/410cc–1.md?p=3)), [fishing](/usc/16/1802.md?p=16) industry participants (including use of commercial charter or recreational vessels for gathering data), and educational institutions.
- (b) **Eligible projects—** The [Secretary](/usc/16/1802.md?p=39) shall make [funds](/usc/16/1421h.md?p=2) available under the [program](/usc/16/460ss–6.md?p=1) for the support of [projects](/usc/16/410r–5.md?p=c-4) to address critical needs identified by the [Councils](/usc/16/5102.md?p=5) in consultation with the [Secretary](/usc/16/1802.md?p=39). The [program](/usc/16/460ss–6.md?p=1) shall promote and encourage efforts to utilize sources of data maintained by other Federal agencies, [State](/usc/16/1802.md?p=40) agencies, or academia for use in such [projects](/usc/16/410r–5.md?p=c-4).
- (c) **Funding—** In making [funds](/usc/16/1421h.md?p=2) available the [Secretary](/usc/16/1802.md?p=39) shall award funding on a competitive basis and based on regional [fishery](/usc/16/1802.md?p=13) management needs, select [programs](/usc/16/460ss–6.md?p=1) that form part of a coherent [program](/usc/16/460ss–6.md?p=1) of research focused on solving priority issues identified by the [Councils](/usc/16/5102.md?p=5), and shall give priority to the following [projects](/usc/16/410r–5.md?p=c-4):
  - (1) [Projects](/usc/16/410r–5.md?p=c-4) to collect data to improve, supplement, or enhance stock assessments, including the use of [fishing vessels](/usc/16/1802.md?p=18) or acoustic or other marine technology.
  - (2) [Projects](/usc/16/410r–5.md?p=c-4) to assess the amount and type of [bycatch](/usc/16/1802.md?p=2) or post-release mortality occurring in a [fishery](/usc/16/1802.md?p=13).
  - (3) [Conservation](/usc/16/6456.md?p=2) engineering [projects](/usc/16/410r–5.md?p=c-4) designed to reduce [bycatch](/usc/16/1802.md?p=2), including avoidance of post-release mortality, reduction of [bycatch](/usc/16/1802.md?p=2) in [high seas](/usc/16/1802.md?p=20) [fisheries](/usc/16/1802.md?p=13), and transfer of such [fishing](/usc/16/1802.md?p=16) technologies to other nations.
  - (4) [Projects](/usc/16/410r–5.md?p=c-4) for the identification of habitat [areas](/usc/16/539m–1.md?p=1-A) of particular concern and for habitat [conservation](/usc/16/6456.md?p=2).
  - (5) [Projects](/usc/16/410r–5.md?p=c-4) designed to collect and compile economic and social data.
- (d) **Experimental permitting process—** Not later than 180 days after January 12, 2007, the [Secretary](/usc/16/1802.md?p=39), in consultation with the [Councils](/usc/16/5102.md?p=5), shall promulgate regulations that create an expedited, uniform, and regionally-based process to promote issuance, where practicable, of experimental [fishing](/usc/16/1802.md?p=16) permits.
- (e) **Guidelines—** The [Secretary](/usc/16/1802.md?p=39), in consultation with the [Councils](/usc/16/5102.md?p=5), shall establish guidelines to ensure that participation in a research [project](/usc/16/410r–5.md?p=c-4) funded under this section does not result in loss of a participant’s catch history or unexpended days-at-sea as part of a limited entry [system](/usc/16/668ee.md?p=14).
- (f) **Exempted projects—** The procedures of this section shall not apply to research funded by quota set-asides in a [fishery](/usc/16/1802.md?p=13).

# §1868. Herring study

- (a) **In general—** The [Secretary](/usc/16/1802.md?p=39) may conduct a cooperative research [program](/usc/16/460ss–6.md?p=1) to study the issues of abundance, distribution and the role of herring as forage [fish](/usc/16/1802.md?p=12) for other commercially important [fish](/usc/16/1802.md?p=12) stocks in the Northwest Atlantic, and the potential for local scale depletion from herring harvesting and how it relates to other [fisheries](/usc/16/1802.md?p=13) in the Northwest Atlantic. In planning, designing, and implementing this [program](/usc/16/460ss–6.md?p=1), the [Secretary](/usc/16/1802.md?p=39) shall engage multiple [fisheries](/usc/16/1802.md?p=13) sectors and stakeholder groups concerned with herring management.
- (b) **Report—** The [Secretary](/usc/16/1802.md?p=39) shall present the final results of this study to Congress within 3 months following the completion of the study, and an interim report at the end of fiscal year 2008.
- (c) **Authorization of appropriations—** There are authorized to be appropriated $2,000,000 for fiscal year 2007 through fiscal year 2009 to conduct this study.

# §1869. Restoration study

- (a) **In general—** The [Secretary](/usc/16/1802.md?p=39) may conduct a study to update scientific information and protocols needed to improve [restoration](/usc/16/6456.md?p=2) techniques for a variety of coast habitat types and synthesize the results in a format easily understandable by [restoration](/usc/16/6456.md?p=2) practitioners and local communities.
- (b) **Authorization of appropriations—** There are authorized to be appropriated $500,000 for fiscal year 2007 to conduct this study.

# §1870. Required possession of descending devices

- (a) **Require gear in the Gulf reef fish fishery—** It shall be unlawful for a [person](/usc/16/1802.md?p=36) on [board](/usc/16/1447a.md?p=1) a commercial or recreational vessel to [fish](/usc/16/1802.md?p=12) for [Gulf reef fish](#c-3) in the Gulf of Mexico [Exclusive Economic Zone](/usc/16/1802.md?p=11) without possessing on [board](/usc/16/1447a.md?p=1) the vessel a [venting tool](#c-2) or a [descending device](#c-1) that is rigged and ready for use while [fishing](/usc/16/1802.md?p=16) is occurring.
- (b) **Savings clause—** No provision of this section shall be interpreted to affect any [program](/usc/16/460ss–6.md?p=1) or activity carried out by the Gulf Coast Ecosystem [Restoration](/usc/16/6456.md?p=2) [Council](/usc/16/460mmm–1.md?p=2) established by the [Resources](/usc/16/410hhh–1.md?p=8) and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 ([33 U.S.C. 1321](/usc/33/1321.md) note), or any [project](/usc/16/410r–5.md?p=c-4) contained in an approved [Restoration](/usc/16/6456.md?p=2) Plan developed by any Natural [Resources](/usc/16/410hhh–1.md?p=8) Damage Assessment Trustee Implementation Group to reduce post-release mortality from barotrauma in Gulf of Mexico Reef [Fish](/usc/16/1802.md?p=12) Recreational [Fisheries](/usc/16/1802.md?p=13).
- (c) **Definitions—** In this section:
  - (1) **Descending device—** The term “descending device” means an instrument that—
    - (A) will release [fish](/usc/16/1802.md?p=12) at a depth sufficient for the [fish](/usc/16/1802.md?p=12) to be able to recover from the effects of barotrauma;
    - (B) is a weighted hook, lip clamp, or box that will hold the [fish](/usc/16/1802.md?p=12) while it is lowered to depth, or another device determined to be appropriate by the [Secretary](/usc/16/1802.md?p=39); and
    - (C) is capable of—
      - (i) releasing the [fish](/usc/16/1802.md?p=12) automatically;
      - (ii) releasing the [fish](/usc/16/1802.md?p=12) by actions of the operator of the device; or
      - (iii) allowing the [fish](/usc/16/1802.md?p=12) to escape on its own.
  - (2) **Venting tool—** The term “venting tool” has the meaning given to it by the Gulf of Mexico [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2).
  - (3) **Gulf reef fish—** The term “Gulf reef fish” means any [fish](/usc/16/1802.md?p=12) chosen by the Gulf of Mexico [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/460mmm–1.md?p=2) that is in the reef [Fishery](/usc/16/1802.md?p=13) [Management Plan](/usc/16/460mmm–1.md?p=3) for the purposes of this chapter.

# §1881. Registration and information management

- (a) **Standardized fishing vessel registration and information management system—** The [Secretary](/usc/16/1802.md?p=39) shall, in cooperation with the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating, the [States](/usc/16/544.md?p=r), the [Councils](/usc/16/5102.md?p=5), and [Marine Fisheries Commissions](/usc/16/1802.md?p=28), develop recommendations for implementation of a standardized [fishing vessel](/usc/16/1802.md?p=18) registration and information management [system](/usc/16/668ee.md?p=14) on a regional basis. The recommendations shall be developed after consultation with interested governmental and nongovernmental parties and shall—
  - (1) be designed to standardize the requirements of vessel registration and information collection [systems](/usc/16/668ee.md?p=14) required by this chapter, the Marine Mammal Protection Act ([16 U.S.C. 1361](/usc/16/1361.md) et seq.), and any other marine resource law implemented by the [Secretary](/usc/16/1802.md?p=39), and, with the permission of a [State](/usc/16/1802.md?p=40), any marine resource law implemented by such [State](/usc/16/1802.md?p=40);
  - (2) integrate information collection [programs](/usc/16/460ss–6.md?p=1) under existing [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/460mmm–1.md?p=3) into a non-duplicative information collection and management [system](/usc/16/668ee.md?p=14);
  - (3) avoid duplication of existing [State](/usc/16/1802.md?p=40), tribal, or Federal [systems](/usc/16/668ee.md?p=14) and shall utilize, to the maximum extent practicable, information collected from existing [systems](/usc/16/668ee.md?p=14);
  - (4) provide for implementation of the [system](/usc/16/668ee.md?p=14) through cooperative agreements with appropriate [State](/usc/16/1802.md?p=40), regional, or tribal entities and [Marine Fisheries Commissions](/usc/16/1802.md?p=28);
  - (5) provide for funding (subject to appropriations) to assist appropriate [State](/usc/16/1802.md?p=40), regional, or tribal entities and [Marine Fisheries Commissions](/usc/16/1802.md?p=28) in implementation;
  - (6) establish standardized [units](/usc/16/430f–7.md?p=4) of measurement, nomenclature, and formats for the collection and submission of information;
  - (7) minimize the paperwork required for vessels registered under the [system](/usc/16/668ee.md?p=14);
  - (8) include all species of [fish](/usc/16/1802.md?p=12) within the geographic [areas](/usc/16/539m–1.md?p=1-A) of authority of the [Councils](/usc/16/5102.md?p=5) and all [fishing vessels](/usc/16/1802.md?p=18) including [charter fishing](/usc/16/1802.md?p=3) vessels, but excluding [recreational fishing](/usc/16/1802.md?p=37) vessels;
  - (9) require [United States fish processors](/usc/16/1802.md?p=46), and [fish](/usc/16/1802.md?p=12) dealers and other first ex-vessel purchasers of [fish](/usc/16/1802.md?p=12) that are subject to the proposed [system](/usc/16/668ee.md?p=14), to submit information (other than economic information) which may be necessary to meet the goals of the proposed [system](/usc/16/668ee.md?p=14); and
  - (10) include procedures necessary to ensure—
    - (A) the confidentiality of information collected under this section in accordance with [section 1881a(b) of this title](/usc/16/1881a.md?p=b); and
    - (B) the timely release or availability to the public of information collected under this section consistent with [section 1881a(b) of this title](/usc/16/1881a.md?p=b).
- (b) **Fishing vessel registration—** The proposed registration [system](/usc/16/668ee.md?p=14) should, at a minimum, obtain the following information for each [fishing vessel](/usc/16/1802.md?p=18)—
  - (1) the name and official number or other identification, together with the name and address of the [owner](/usc/16/429b–3.md?p=4) or operator or both;
  - (2) gross tonnage, vessel capacity, type and quantity of [fishing](/usc/16/1802.md?p=16) gear, mode of operation (catcher, catcher processor, or other), and such other pertinent information with respect to vessel characteristics as the [Secretary](/usc/16/1802.md?p=39) may require; and
  - (3) identification (by species, gear type, geographic [area](/usc/16/539m–1.md?p=1-A) of operations, and season) of the [fisheries](/usc/16/1802.md?p=13) in which the [fishing vessel](/usc/16/1802.md?p=18) participates.
- (c) **Fishery information—** The proposed information management [system](/usc/16/668ee.md?p=14) should, at a minimum, provide basic [fisheries](/usc/16/1802.md?p=13) performance information for each [fishery](/usc/16/1802.md?p=13), including—
  - (1) the number of vessels participating in the [fishery](/usc/16/1802.md?p=13) including [charter fishing](/usc/16/1802.md?p=3) vessels;
  - (2) the time period in which the [fishery](/usc/16/1802.md?p=13) occurs;
  - (3) the approximate geographic location or official reporting [area](/usc/16/539m–1.md?p=1-A) where the [fishery](/usc/16/1802.md?p=13) occurs;
  - (4) a description of [fishing](/usc/16/1802.md?p=16) gear used in the [fishery](/usc/16/1802.md?p=13), including the amount and type of such gear and the appropriate [unit](/usc/16/430f–7.md?p=4) of [fishing](/usc/16/1802.md?p=16) effort; and
  - (5) other information required under subsection[^1] 1853(a)(5) of this title or requested by the [Council](/usc/16/460mmm–1.md?p=2) under [section 1881a of this title](/usc/16/1881a.md).
- (d) **Use of registration—** Any registration recommended under this section shall not be considered a permit for the purposes of this chapter, and the [Secretary](/usc/16/1802.md?p=39) may not propose to revoke, suspend, deny, or impose any other conditions or restrictions on any such registration or the use of such registration under this chapter.
- (e) **Public comment—** Within one year after October 11, 1996, the [Secretary](/usc/16/1802.md?p=39) shall publish in the Federal Register for a 60-day public comment period a [proposal](/usc/16/7302.md?p=3) that would provide for implementation of a standardized [fishing vessel](/usc/16/1802.md?p=18) registration and information collection [system](/usc/16/668ee.md?p=14) that meets the requirements of [subsections (a) through (c)](#a..c). The [proposal](/usc/16/7302.md?p=3) shall include—
  - (1) a description of the arrangements of the [Secretary](/usc/16/1802.md?p=39) for consultation and cooperation with the department in which the Coast Guard is operating, the [States](/usc/16/544.md?p=r), the [Councils](/usc/16/5102.md?p=5), [Marine Fisheries Commissions](/usc/16/1802.md?p=28), the [fishing](/usc/16/1802.md?p=16) industry and other interested parties; and
  - (2) any proposed regulations or legislation necessary to implement the [proposal](/usc/16/7302.md?p=3).
- (f) **Congressional transmittal—** Within 60 days after the end of the comment period and after consideration of comments received under [subsection (e)](#e), the [Secretary](/usc/16/1802.md?p=39) shall transmit to the [Committee](/usc/16/941b.md?p=1) on Commerce, Science, and Transportation of the Senate and the [Committee](/usc/16/941b.md?p=1) on [Resources](/usc/16/410hhh–1.md?p=8) of the House of [Representatives](/usc/16/5609.md?p=13) a recommended [proposal](/usc/16/7302.md?p=3) for implementation of a national [fishing vessel](/usc/16/1802.md?p=18) registration [system](/usc/16/668ee.md?p=14) that includes—
  - (1) any modifications made after comment and consultation;
  - (2) a proposed implementation schedule, including a schedule for the proposed cooperative agreements required under [subsection (a)(4)](#a-4); and
  - (3) recommendations for any such additional legislation as the [Secretary](/usc/16/1802.md?p=39) considers necessary or desirable to implement the proposed [system](/usc/16/668ee.md?p=14).
- (g) **Recreational fisheries—**
  - (1) **Federal program—** The [Secretary](/usc/16/1802.md?p=39) shall establish and implement a regionally based registry [program](/usc/16/460ss–6.md?p=1) for recreational fishermen in each of the 8 [fishery](/usc/16/1802.md?p=13) management [regions](/usc/16/1447a.md?p=6). The [program](/usc/16/460ss–6.md?p=1), which shall not require a fee before January 1, 2011, shall provide for—
    - (A) the registration (including identification and contact information) of individuals who engage in [recreational fishing](/usc/16/1802.md?p=37)—
      - (i) in the [Exclusive Economic Zone](/usc/16/1802.md?p=11);
      - (ii) for [anadromous species](/usc/16/1802.md?p=1); or
      - (iii) for [Continental Shelf fishery resources](/usc/16/1802.md?p=7) beyond the [Exclusive Economic Zone](/usc/16/1802.md?p=11); and
    - (B) if appropriate, the registration (including the ownership, operator, and identification of the vessel) of vessels used in such [fishing](/usc/16/1802.md?p=16).
  - (2) **State programs—** The [Secretary](/usc/16/1802.md?p=39) shall exempt from registration under the [program](/usc/16/460ss–6.md?p=1) recreational fishermen and [charter fishing](/usc/16/1802.md?p=3) vessels licensed, permitted, or registered under the laws of a [State](/usc/16/1802.md?p=40) if the [Secretary](/usc/16/1802.md?p=39) determines that information from the [State](/usc/16/1802.md?p=40) [program](/usc/16/460ss–6.md?p=1) is suitable for the [Secretary](/usc/16/1802.md?p=39)’s use or is used to assist in completing marine recreational [fisheries](/usc/16/1802.md?p=13) statistical surveys, or evaluating the effects of proposed [conservation and management](/usc/16/1802.md?p=5) measures for marine recreational [fisheries](/usc/16/1802.md?p=13).
  - (3) **Data collection—**
    - (A) **Improvement of the marine recreational fishery statistics survey—** Within 24 months after January 12, 2007, the [Secretary](/usc/16/1802.md?p=39), in consultation with [representatives](/usc/16/5609.md?p=13) of the [recreational fishing](/usc/16/1802.md?p=37) industry and experts in statistics, technology, and other appropriate fields, shall establish a [program](/usc/16/460ss–6.md?p=1) to improve the quality and accuracy of information generated by the Marine Recreational [Fishery](/usc/16/1802.md?p=13) Statistics Survey, with a goal of achieving acceptable accuracy and utility for each individual [fishery](/usc/16/1802.md?p=13).
    - (B) **NRC report recommendations—** The [program](/usc/16/460ss–6.md?p=1) shall take into consideration and, to the extent feasible, implement the recommendations of the National Research [Council](/usc/16/460mmm–1.md?p=2) in its report Review of Recreational [Fisheries](/usc/16/1802.md?p=13) Survey Methods (2006), including—
      - (i) redesigning the Survey to improve the effectiveness and appropriateness of sampling and estimation procedures, its applicability to various kinds of management decisions, and its usefulness for social and economic analyses; and
      - (ii) providing for ongoing technical evaluation and modification as needed to meet emerging management needs.
    - (C) **Methodology—** Unless the [Secretary](/usc/16/1802.md?p=39) determines that alternate methods will achieve this goal more efficiently and effectively, the [program](/usc/16/460ss–6.md?p=1) shall, to the extent possible, include—
      - (i) an adequate number of intercepts to accurately estimate recreational catch and effort;
      - (ii) use of surveys that target anglers registered or licensed at the [State](/usc/16/1802.md?p=40) or Federal level to collect participation and effort data;
      - (iii) collection and analysis of vessel trip report data from [charter fishing](/usc/16/1802.md?p=3) vessels;
      - (iv) development of a weather corrective factor that can be applied to recreational catch and effort estimates; and
      - (v) an independent [committee](/usc/16/941b.md?p=1) composed of recreational fishermen, academics, [persons](/usc/16/1802.md?p=36) with expertise in stock assessments and survey design, and appropriate personnel from the National Marine [Fisheries](/usc/16/1802.md?p=13) Service to review the collection estimates, geographic, and other variables related to dockside intercepts and to identify deficiencies in recreational data collection, and possible correction measures.
    - (D) **Deadline—** The [Secretary](/usc/16/1802.md?p=39) shall complete the [program](/usc/16/460ss–6.md?p=1) under this paragraph and implement the improved Marine Recreational [Fishery](/usc/16/1802.md?p=13) Statistics Survey not later than January 1, 2009.
  - (4) **Federal-State partnerships—**
    - (A) **Establishment—** The [Secretary](/usc/16/1802.md?p=39) shall establish a [partnership](/usc/16/8202.md?p=7) with a [State](/usc/16/1802.md?p=40) to develop best practices for implementing the [State](/usc/16/1802.md?p=40) [program](/usc/16/460ss–6.md?p=1) established under [paragraph (2)](#g-2).
    - (B) **Guidance—** The [Secretary](/usc/16/1802.md?p=39) shall develop guidance, in cooperation with the [States](/usc/16/544.md?p=r), that details best practices for administering [State](/usc/16/1802.md?p=40) [programs](/usc/16/460ss–6.md?p=1) pursuant to [paragraph (2)](#g-2), and provide such guidance to the [States](/usc/16/544.md?p=r).
    - (C) **Biennial report—** The [Secretary](/usc/16/1802.md?p=39) shall submit to the appropriate [committees](/usc/16/941b.md?p=1) of Congress and publish biennial reports that include—
      - (i) the estimated accuracy of—
        - (I) the information provided under subparagraphs [(A)](#g-1-A) and [(B)](#g-1-B) of paragraph (1) for each registry [program](/usc/16/460ss–6.md?p=1) established under that paragraph; and
        - (II) the information from each [State](/usc/16/1802.md?p=40) [program](/usc/16/460ss–6.md?p=1) that is used to assist in completing surveys or evaluating effects of [conservation and management](/usc/16/1802.md?p=5) measures under [paragraph (2)](#g-2);
      - (ii) priorities for improving [recreational fishing](/usc/16/1802.md?p=37) data collection; and
      - (iii) an explanation of any use of information collected by such [State](/usc/16/1802.md?p=40) [programs](/usc/16/460ss–6.md?p=1) and by the [Secretary](/usc/16/1802.md?p=39).
    - (D) **States grant program—**
      - (i) **In general—** The [Secretary](/usc/16/1802.md?p=39) may make grants to [States](/usc/16/544.md?p=r) to—
        - (I) improve implementation of [State](/usc/16/1802.md?p=40) [programs](/usc/16/460ss–6.md?p=1) consistent with this subsection; and
        - (II) assist such [programs](/usc/16/460ss–6.md?p=1) in complying with requirements related to changes in recreational data collection under [paragraph (3)](#g-3).
      - (ii) **Use of funds—** Any [funds](/usc/16/1421h.md?p=2) awarded through such grants shall be used to support data collection, quality assurance, and outreach to entities submitting such data. The [Secretary](/usc/16/1802.md?p=39) shall prioritize such grants based on the ability of the grant to improve the quality and accuracy of such [programs](/usc/16/460ss–6.md?p=1).
  - (5) **Report—** Within 24 months after establishment of the [program](/usc/16/460ss–6.md?p=1), the [Secretary](/usc/16/1802.md?p=39) shall submit a report to Congress that describes the progress made toward achieving the goals and objectives of the [program](/usc/16/460ss–6.md?p=1).
- (h) **Action by Secretary—** The [Secretary](/usc/16/1802.md?p=39) shall—
  - (1) within 90 days after December 31, 2018, enter into an agreement with the National Academy of Sciences to evaluate, in the form of a report—
    - (A) how the design of the Marine Recreational Information [Program](/usc/16/460ss–6.md?p=1), for the purposes of stock assessment and the determination of stock management reference points, can be improved to better meet the needs of in-season management of annual catch limits under [section 1853(a)(15) of this title](/usc/16/1853.md?p=a-15); and
    - (B) what actions the [Secretary](/usc/16/1802.md?p=39), [Councils](/usc/16/5102.md?p=5), and [States](/usc/16/544.md?p=r) could take to improve the accuracy and timeliness of data collection and analysis to improve the Marine Recreational Information [Program](/usc/16/460ss–6.md?p=1) and facilitate in-season management; and
  - (2) within 6 months after receiving the report under [paragraph (1)](#h-1), submit to Congress recommendations regarding—
    - (A) changes to be made to the Marine Recreational Information [Program](/usc/16/460ss–6.md?p=1) to make the [program](/usc/16/460ss–6.md?p=1) better meet the needs of in-season management of annual catch limits and other requirements under such section; and
    - (B) alternative management approaches that could be applied to recreational [fisheries](/usc/16/1802.md?p=13) for which the Marine Recreational Information [Program](/usc/16/460ss–6.md?p=1) is not meeting the needs of in-season management of annual catch limits, consistent with other requirements of this chapter, until such time as the changes in [subparagraph (A)](#h-2-A) are implemented.

# §1881a. Information collection

- (a) **Collection programs—**
  - (1) **Council requests—** If a [Council](/usc/16/460mmm–1.md?p=2) determines that additional information would be beneficial for developing, implementing, or revising a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or for determining whether a [fishery](/usc/16/1802.md?p=13) is in need of management, the [Council](/usc/16/460mmm–1.md?p=2) may request that the [Secretary](/usc/16/1802.md?p=39) implement an information collection [program](/usc/16/460ss–6.md?p=1) for the [fishery](/usc/16/1802.md?p=13) which would provide the types of information specified by the [Council](/usc/16/460mmm–1.md?p=2). The [Secretary](/usc/16/1802.md?p=39) shall undertake such an information collection [program](/usc/16/460ss–6.md?p=1) if he determines that the need is justified, and shall promulgate regulations to implement the [program](/usc/16/460ss–6.md?p=1) within 60 days after such determination is made. If the [Secretary](/usc/16/1802.md?p=39) determines that the need for an information collection [program](/usc/16/460ss–6.md?p=1) is not justified, the [Secretary](/usc/16/1802.md?p=39) shall inform the [Council](/usc/16/460mmm–1.md?p=2) of the reasons for such determination in writing. The determinations of the [Secretary](/usc/16/1802.md?p=39) under this paragraph regarding a [Council](/usc/16/460mmm–1.md?p=2) request shall be made within a reasonable period of time after receipt of that request.
  - (2) **Secretarial initiation—** If the [Secretary](/usc/16/1802.md?p=39) determines that additional information is necessary for developing, implementing, revising, or monitoring a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3), or for determining whether a [fishery](/usc/16/1802.md?p=13) is in need of management, the [Secretary](/usc/16/1802.md?p=39) may, by regulation, implement an information collection or [observer](/usc/16/1802.md?p=31) [program](/usc/16/460ss–6.md?p=1) requiring submission of such additional information for the [fishery](/usc/16/1802.md?p=13).
- (b) **Confidentiality of information—**
  - (1) Any information submitted to the [Secretary](/usc/16/1802.md?p=39), a [State](/usc/16/1802.md?p=40) [fishery](/usc/16/1802.md?p=13) management agency, or a [marine fisheries commission](/usc/16/1802.md?p=28) by any [person](/usc/16/1802.md?p=36) in compliance with the requirements of this chapter shall be confidential and shall not be disclosed except—
    - (A) to Federal employees and [Council](/usc/16/460mmm–1.md?p=2) employees who are responsible for [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) development, monitoring, or enforcement;
    - (B) to [State](/usc/16/1802.md?p=40) or [Marine Fisheries Commission](/usc/16/1802.md?p=28) employees as necessary to further the Department’s mission, subject to a confidentiality agreement that prohibits public disclosure of the identity of business of any [person](/usc/16/1802.md?p=36);
    - (C) to [State](/usc/16/1802.md?p=40) employees who are responsible for [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) enforcement, if the [States](/usc/16/544.md?p=r) employing those employees have entered into a [fishery](/usc/16/1802.md?p=13) enforcement agreement with the [Secretary](/usc/16/1802.md?p=39) and the agreement is in effect;
    - (D) when required by court order;
    - (E) when such information is used by [State](/usc/16/1802.md?p=40), [Council](/usc/16/460mmm–1.md?p=2), or [Marine Fisheries Commission](/usc/16/1802.md?p=28) employees to verify catch under a limited access [program](/usc/16/460ss–6.md?p=1), but only to the extent that such use is consistent with [subparagraph (B)](#b-1-B);
    - (F) when the [Secretary](/usc/16/1802.md?p=39) has obtained written authorization from the [person](/usc/16/1802.md?p=36) submitting such information to release such information to [persons](/usc/16/1802.md?p=36) for reasons not otherwise provided for in this subsection, and such release does not violate other requirements of this chapter;
    - (G) when such information is required to be submitted to the [Secretary](/usc/16/1802.md?p=39) for any determination under a limited access [program](/usc/16/460ss–6.md?p=1);
    - (H) in support of homeland and national security activities, including the Coast Guard’s homeland security missions as defined in [section 468(a)(2) of title 6](/usc/6/468.md); or
    - (I) to Federal agencies, to the extent necessary and appropriate, to administer Federal [programs](/usc/16/460ss–6.md?p=1) established to combat illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16) or forced labor (as such terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022), which shall not include an authorization for such agencies to release data to the public unless such release is related to enforcement.
  - (2) Any [observer information](/usc/16/1802.md?p=32) shall be confidential and shall not be disclosed, except in accordance with the requirements of [subparagraphs (A) through (H)](#b-1-A..b-1-H) of paragraph (1), or—
    - (A) as authorized by a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) or regulations under the authority of the North Pacific [Council](/usc/16/460mmm–1.md?p=2) to allow disclosure to the public of weekly summary [bycatch](/usc/16/1802.md?p=2) information identified by vessel or for haul-specific [bycatch](/usc/16/1802.md?p=2) information without vessel identification;
    - (B) when such information is necessary in proceedings to adjudicate [observer](/usc/16/1802.md?p=31) certifications; or
    - (C) as authorized by any regulations issued under [paragraph (3)](#b-3) allowing the collection of [observer information](/usc/16/1802.md?p=32), pursuant to a confidentiality agreement between the [observers](/usc/16/1802.md?p=31), [observer](/usc/16/1802.md?p=31) employers, and the [Secretary](/usc/16/1802.md?p=39) prohibiting disclosure of the information by the [observers](/usc/16/1802.md?p=31) or [observer](/usc/16/1802.md?p=31) employers, in order—
      - (i) to allow the sharing of [observer information](/usc/16/1802.md?p=32) among [observers](/usc/16/1802.md?p=31) and between [observers](/usc/16/1802.md?p=31) and [observer](/usc/16/1802.md?p=31) employers as necessary to train and prepare [observers](/usc/16/1802.md?p=31) for deployments on specific vessels; or
      - (ii) to validate the accuracy of the [observer information](/usc/16/1802.md?p=32) collected.
  - (3) The [Secretary](/usc/16/1802.md?p=39) shall, by regulation, prescribe such procedures as may be necessary to [preserve](/usc/16/410hhh–1.md?p=7) the confidentiality of information submitted in compliance with any requirement or regulation under this chapter, except that the [Secretary](/usc/16/1802.md?p=39) may release or make public any such information in any aggregate or summary form which does not directly or indirectly disclose the identity or business of any [person](/usc/16/1802.md?p=36) who submits such information. Nothing in this subsection shall be interpreted or construed to prevent the use for [conservation and management](/usc/16/1802.md?p=5) purposes by the [Secretary](/usc/16/1802.md?p=39), or with the approval of the [Secretary](/usc/16/1802.md?p=39), the [Council](/usc/16/460mmm–1.md?p=2), of any information submitted in compliance with any requirement or regulation under this chapter or the use, release, or publication of [bycatch](/usc/16/1802.md?p=2) information pursuant to [paragraph (2)(A)](#b-2-A).
- (c) **Restriction on use of certain information—**
  - (1) The [Secretary](/usc/16/1802.md?p=39) shall promulgate regulations to restrict the use, in civil enforcement or criminal proceedings under this chapter, the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](/usc/16/1361.md) et seq.), and the Endangered Species Act ([16 U.S.C. 1531](/usc/16/1531.md) et seq.), of information collected by voluntary [fishery](/usc/16/1802.md?p=13) data collectors, including sea samplers, while aboard any vessel for [conservation and management](/usc/16/1802.md?p=5) purposes if the presence of such a [fishery](/usc/16/1802.md?p=13) data collector aboard is not required by any of such chapter or Acts or regulations thereunder.
  - (2) The [Secretary](/usc/16/1802.md?p=39) may not require the submission of a Federal or [State](/usc/16/1802.md?p=40) income tax return or statement as a prerequisite for issuance of a permit until such time as the [Secretary](/usc/16/1802.md?p=39) has promulgated regulations to ensure the confidentiality of information contained in such return or statement, to limit the information submitted to that necessary to achieve a demonstrated [conservation and management](/usc/16/1802.md?p=5) purpose, and to provide appropriate penalties for [violation](/usc/16/620e.md?p=11) of such regulations.
- (d) **Contracting authority—** Notwithstanding any other provision of law, the [Secretary](/usc/16/1802.md?p=39) may provide a grant, contract, or other financial assistance on a sole-source basis to a [State](/usc/16/1802.md?p=40), [Council](/usc/16/460mmm–1.md?p=2), or [Marine Fisheries Commission](/usc/16/1802.md?p=28) for the purpose of carrying out information collection or other [programs](/usc/16/460ss–6.md?p=1) if—
  - (1) the recipient of such a grant, contract, or other financial assistance is specified by statute to be, or has customarily been, such [State](/usc/16/1802.md?p=40), [Council](/usc/16/460mmm–1.md?p=2), or [Marine Fisheries Commission](/usc/16/1802.md?p=28); or
  - (2) the [Secretary](/usc/16/1802.md?p=39) has entered into a cooperative agreement with such [State](/usc/16/1802.md?p=40), [Council](/usc/16/460mmm–1.md?p=2), or [Marine Fisheries Commission](/usc/16/1802.md?p=28).
- (e) **Resource assessments—**
  - (1) The [Secretary](/usc/16/1802.md?p=39) may use the private sector to provide vessels, equipment, and services necessary to survey the [fishery resources](/usc/16/1802.md?p=15) of the [United States](/usc/16/1802.md?p=45) when the arrangement will yield statistically reliable results.
  - (2) The [Secretary](/usc/16/1802.md?p=39), in consultation with the appropriate [Council](/usc/16/460mmm–1.md?p=2) and the [fishing](/usc/16/1802.md?p=16) industry—
    - (A) may structure competitive solicitations under [paragraph (1)](#e-1) so as to compensate a contractor for a [fishery resources](/usc/16/1802.md?p=15) survey by allowing the contractor to retain for sale [fish](/usc/16/1802.md?p=12) harvested during the survey voyage;
    - (B) in the case of a survey during which the quantity or quality of [fish](/usc/16/1802.md?p=12) harvested is not expected to be adequately compensatory, may structure those solicitations so as to provide that compensation by permitting the contractor to harvest on a subsequent voyage and retain for sale a portion of the allowable catch of the surveyed [fishery](/usc/16/1802.md?p=13); and
    - (C) may permit [fish](/usc/16/1802.md?p=12) harvested during such survey to count toward a vessel’s catch history under a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/460mmm–1.md?p=3) if such survey was conducted in a manner that precluded a vessel’s participation in a [fishery](/usc/16/1802.md?p=13) that counted under the plan for purposes of determining catch history.
  - (3) The [Secretary](/usc/16/1802.md?p=39) shall undertake efforts to expand annual [fishery resource](/usc/16/1802.md?p=15) assessments in all [regions](/usc/16/1447a.md?p=6) of the Nation.

# §1881b. Observers

- (a) **Guidelines for carrying observers—** Within one year after October 11, 1996, the [Secretary](/usc/16/1802.md?p=39) shall promulgate regulations, after notice and opportunity for public comment, for [fishing vessels](/usc/16/1802.md?p=18) that carry [observers](/usc/16/1802.md?p=31). The regulations shall include guidelines for determining—
  - (1) when a vessel is not required to carry an [observer](/usc/16/1802.md?p=31) on [board](/usc/16/1447a.md?p=1) because the facilities of such vessel for the quartering of an [observer](/usc/16/1802.md?p=31), or for carrying out [observer](/usc/16/1802.md?p=31) functions, are so inadequate or unsafe that the health or safety of the [observer](/usc/16/1802.md?p=31) or the safe operation of the vessel would be jeopardized; and
  - (2) actions which vessel [owners](/usc/16/429b–3.md?p=4) or operators may reasonably be required to take to render such facilities adequate and safe.
- (b) **Training—** The [Secretary](/usc/16/1802.md?p=39), in cooperation with the appropriate [States](/usc/16/544.md?p=r) and the National Sea Grant College [Program](/usc/16/460ss–6.md?p=1), shall—
  - (1) establish [programs](/usc/16/460ss–6.md?p=1) to ensure that each [observer](/usc/16/1802.md?p=31) receives adequate training in collecting and analyzing the information necessary for the [conservation and management](/usc/16/1802.md?p=5) purposes of the [fishery](/usc/16/1802.md?p=13) to which such [observer](/usc/16/1802.md?p=31) is assigned;
  - (2) require that an [observer](/usc/16/1802.md?p=31) demonstrate competence in [fisheries](/usc/16/1802.md?p=13) science and statistical analysis at a level sufficient to enable such [person](/usc/16/1802.md?p=36) to fulfill the responsibilities of the position;
  - (3) ensure that an [observer](/usc/16/1802.md?p=31) has received adequate training in basic vessel safety;
  - (4) ensure that each [observer](/usc/16/1802.md?p=31) has received training to identify indicators of forced labor and human trafficking (as such terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022) and refer this information to appropriate authorities; and
  - (5) make use of university and any appropriate private nonprofit organization training facilities and [resources](/usc/16/410hhh–1.md?p=8), where possible, in carrying out this subsection.
- (c) **Observer status—** An [observer](/usc/16/1802.md?p=31) on a vessel and under contract to carry out responsibilities under this chapter or the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](/usc/16/1361.md) et seq.) shall be deemed to be a Federal employee for the purpose of compensation under the Federal Employee Compensation Act ([5 U.S.C. 8101](/usc/5/8101.md) et seq.).

# §1881c. Fisheries research

- (a) **In general—** The [Secretary](/usc/16/1802.md?p=39) shall initiate and maintain, in cooperation with the [Councils](/usc/16/5102.md?p=5), a comprehensive [program](/usc/16/460ss–6.md?p=1) of [fishery](/usc/16/1802.md?p=13) research to carry out and further the purposes, policy, and [provisions of this chapter](/usc/16/1861.md?p=j-1). Such [program](/usc/16/460ss–6.md?p=1) shall be designed to [acquire](/usc/16/620e.md?p=1) knowledge and information, including statistics, on [fishery](/usc/16/1802.md?p=13) [conservation and management](/usc/16/1802.md?p=5) and on the economics and social characteristics of the [fisheries](/usc/16/1802.md?p=13).
- (b) **Strategic plan—** Within one year after October 11, 1996, and at least every 3 years thereafter, the [Secretary](/usc/16/1802.md?p=39) shall develop and publish in the Federal Register a strategic plan for [fisheries](/usc/16/1802.md?p=13) research for the 5 years immediately following such publication. The plan shall—
  - (1) identify and describe a comprehensive [program](/usc/16/460ss–6.md?p=1) with a limited number of priority objectives for research in each of the [areas](/usc/16/539m–1.md?p=1-A) specified in [subsection (c)](#c);
  - (2) indicate goals and timetables for the [program](/usc/16/460ss–6.md?p=1) described in [paragraph (1)](#b-1);
  - (3) provide a role for commercial fishermen in such research, including involvement in field testing;
  - (4) provide for collection and dissemination, in a timely manner, of complete and accurate information concerning [fishing](/usc/16/1802.md?p=16) activities, catch, effort, stock assessments, and other research conducted under this section; and
  - (5) be developed in cooperation with the [Councils](/usc/16/5102.md?p=5) and affected [States](/usc/16/544.md?p=r), and provide for coordination with the [Councils](/usc/16/5102.md?p=5), affected [States](/usc/16/544.md?p=r), and other research entities.
- (c) **Areas of research—** [Areas](/usc/16/539m–1.md?p=1-A) of research are as follows:
  - (1) Research to support [fishery](/usc/16/1802.md?p=13) [conservation and management](/usc/16/1802.md?p=5), including but not limited to, biological research concerning the abundance and life history parameters of stocks of [fish](/usc/16/1802.md?p=12), the interdependence of [fisheries](/usc/16/1802.md?p=13) or stocks of [fish](/usc/16/1802.md?p=12), the identification of [essential fish habitat](/usc/16/1802.md?p=10), the impact of pollution on [fish](/usc/16/1802.md?p=12) populations, the impact of wetland and estuarine degradation, and other factors affecting the abundance and availability of [fish](/usc/16/1802.md?p=12).
  - (2) [Conservation](/usc/16/6456.md?p=2) engineering research, including the study of [fish](/usc/16/1802.md?p=12) behavior and the development and testing of new gear technology and [fishing](/usc/16/1802.md?p=16) techniques to minimize [bycatch](/usc/16/1802.md?p=2) and any adverse effects on [essential fish habitat](/usc/16/1802.md?p=10) and promote efficient harvest of target species.
  - (3) Research on the [fisheries](/usc/16/1802.md?p=13), including the social, cultural, and economic relationships among [fishing vessel](/usc/16/1802.md?p=18) [owners](/usc/16/429b–3.md?p=4), crew, [United States fish processors](/usc/16/1802.md?p=46), associated shoreside labor, seafood markets and [fishing communities](/usc/16/1802.md?p=17).
  - (4) Information management research, including the development of a [fishery](/usc/16/1802.md?p=13) information base and an information management [system](/usc/16/668ee.md?p=14) that will permit the full use of information in the support of effective [fishery](/usc/16/1802.md?p=13) [conservation and management](/usc/16/1802.md?p=5).
- (d) **Public notice—** In developing the plan required under [subsection (a)](#a), the [Secretary](/usc/16/1802.md?p=39) shall consult with relevant Federal, [State](/usc/16/1802.md?p=40), and international agencies, scientific and technical experts, and other interested [persons](/usc/16/1802.md?p=36), 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](/usc/16/1802.md?p=39) shall ensure that affected commercial fishermen are actively involved in the development of the portion of the plan pertaining to [conservation](/usc/16/6456.md?p=2) engineering research. Upon final publication in the Federal Register, the plan shall be submitted by the [Secretary](/usc/16/1802.md?p=39) to the [Committee](/usc/16/941b.md?p=1) on Commerce, Science, and Transportation of the Senate and the [Committee](/usc/16/941b.md?p=1) on [Resources](/usc/16/410hhh–1.md?p=8) of the House of [Representatives](/usc/16/5609.md?p=13).
- (e) **Improving data collection and analysis—**
  - (1) **In general—** Not later than 1 year after December 31, 2018, the [Secretary](/usc/16/1802.md?p=39) shall develop, in consultation with the science and statistical [committees](/usc/16/941b.md?p=1) of the [Councils](/usc/16/5102.md?p=5) established under [section 1852(g) of this title](/usc/16/1852.md?p=g) and the [Marine Fisheries Commissions](/usc/16/1802.md?p=28), and submit to the [Committee](/usc/16/941b.md?p=1) on Commerce, Science, and Transportation of the Senate and the [Committee](/usc/16/941b.md?p=1) on Natural [Resources](/usc/16/410hhh–1.md?p=8) of the House of [Representatives](/usc/16/5609.md?p=13) a report on facilitating greater incorporation of data, analysis, stock assessments, and surveys from [State](/usc/16/1802.md?p=40) agencies and nongovernmental sources described in [paragraph (2)](#e-2), to the extent such information is consistent with [section 1851(a)(2) of this title](/usc/16/1851.md?p=a-2), into [fisheries](/usc/16/1802.md?p=13) management decisions.
  - (2) **Content—** In developing the report under [paragraph (1)](#e-1), the [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) identify types of data and analysis, especially concerning [recreational fishing](/usc/16/1802.md?p=37), that can be used for purposes of this chapter as the basis for establishing [conservation and management](/usc/16/1802.md?p=5) measures as required by [section 1853(a)(1) of this title](/usc/16/1853.md?p=a-1), including setting standards for the collection and use of that data and analysis in stock assessments and surveys and for other purposes;
    - (B) provide specific recommendations for collecting data and performing analyses identified as necessary to reduce uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be provided by nongovernmental sources; and
    - (C) consider the extent to which the acceptance and use of data and analyses identified in the report in [fishery](/usc/16/1802.md?p=13) management decisions is practicable and compatible with the requirements of [section 1851(a)(2) of this title](/usc/16/1851.md?p=a-2).

# §1881d. Incidental harvest research

- (a) **Collection of information—** Within nine months after October 11, 1996, the [Secretary](/usc/16/1802.md?p=39) shall, after consultation with the Gulf [Council](/usc/16/460mmm–1.md?p=2) and South Atlantic [Council](/usc/16/460mmm–1.md?p=2), conclude the collection of information in the [program](/usc/16/460ss–6.md?p=1) to assess the impact on [fishery resources](/usc/16/1802.md?p=15) of incidental harvest by the shrimp trawl [fishery](/usc/16/1802.md?p=13) within the authority of such [Councils](/usc/16/5102.md?p=5). Within the same time period, the [Secretary](/usc/16/1802.md?p=39) shall make available to the public aggregated summaries of information collected prior to June 30, 1994 under such [program](/usc/16/460ss–6.md?p=1).
- (b) **Identification of stock—** The [program](/usc/16/460ss–6.md?p=1) concluded pursuant to [subsection (a)](#a) shall provide for the identification of stocks of [fish](/usc/16/1802.md?p=12) which are subject to significant incidental harvest in the course of normal shrimp trawl [fishing](/usc/16/1802.md?p=16) activity.
- (c) **Collection and assessment of specific stock information—** For stocks of [fish](/usc/16/1802.md?p=12) identified pursuant to [subsection (b)](#b), with priority given to stocks which (based upon the best available scientific information) are considered to be [overfished](/usc/16/1802.md?p=34), the [Secretary](/usc/16/1802.md?p=39) shall conduct—
  - (1) a [program](/usc/16/460ss–6.md?p=1) to collect and evaluate information 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](/usc/16/1802.md?p=16) activities;
  - (2) 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
  - (3) a [program](/usc/16/460ss–6.md?p=1) of information collection and evaluation for such stocks on the magnitude and distribution of [fishing](/usc/16/1802.md?p=16) mortality and [fishing](/usc/16/1802.md?p=16) effort by sources of [fishing](/usc/16/1802.md?p=16) mortality other than shrimp trawl [fishing](/usc/16/1802.md?p=16) activity.
- (d) **Bycatch reduction program—** Not later than 12 months after October 11, 1996, the [Secretary](/usc/16/1802.md?p=39) shall, in cooperation with affected interests, and based upon the best scientific information available, complete a [program](/usc/16/460ss–6.md?p=1) to—
  - (1) develop technological devices and other changes in [fishing](/usc/16/1802.md?p=16) operations necessary and appropriate to minimize the incidental mortality of [bycatch](/usc/16/1802.md?p=2) in the course of shrimp trawl activity to the extent practicable, taking into account the level of [bycatch](/usc/16/1802.md?p=2) mortality in the [fishery](/usc/16/1802.md?p=13) on November 28, 1990;
  - (2) evaluate the ecological impacts and the benefits and costs of such devices and changes in [fishing](/usc/16/1802.md?p=16) operations; and
  - (3) assess whether it is practicable to utilize [bycatch](/usc/16/1802.md?p=2) which is not avoidable.
- (e) **Report to Congress—** The [Secretary](/usc/16/1802.md?p=39) shall, within one year of completing the [programs](/usc/16/460ss–6.md?p=1) required by this section, submit a detailed report on the results of such [programs](/usc/16/460ss–6.md?p=1) to the [Committee](/usc/16/941b.md?p=1) on Commerce, Science, and Transportation of the Senate and the [Committee](/usc/16/941b.md?p=1) on [Resources](/usc/16/410hhh–1.md?p=8) of the House of [Representatives](/usc/16/5609.md?p=13).
- (f) **Implementation criteria—** To the extent practicable, any [conservation and management](/usc/16/1802.md?p=5) measure implemented under this chapter to reduce the incidental mortality of [bycatch](/usc/16/1802.md?p=2) in the course of shrimp trawl [fishing](/usc/16/1802.md?p=16) shall be consistent with—
  - (1) measures applicable to [fishing](/usc/16/1802.md?p=16) throughout the range in [United States](/usc/16/1802.md?p=45) waters of the [bycatch](/usc/16/1802.md?p=2) species concerned; and
  - (2) the need to avoid any serious adverse environmental impacts on such [bycatch](/usc/16/1802.md?p=2) species or the ecology of the affected [area](/usc/16/539m–1.md?p=1-A).

# §1882. Fisheries systems research

- (a) **Establishment of panel—** Not later than 180 days after October 11, 1996, the [Secretary](/usc/16/1802.md?p=39) shall establish an advisory panel under this chapter to develop recommendations to expand the application of ecosystem principles in [fishery](/usc/16/1802.md?p=13) [conservation and management](/usc/16/1802.md?p=5) activities.
- (b) **Panel membership—** The advisory panel shall consist of not more than 20 individuals and include—
  - (1) individuals with expertise in the structures, functions, and physical and biological characteristics of ecosystems; and
  - (2) [representatives](/usc/16/5609.md?p=13) from the [Councils](/usc/16/5102.md?p=5), [States](/usc/16/544.md?p=r), [fishing](/usc/16/1802.md?p=16) industry, [conservation](/usc/16/6456.md?p=2) organizations, or others with expertise in the management of marine [resources](/usc/16/410hhh–1.md?p=8).
- (c) **Recommendations—** Prior to selecting advisory panel members, the [Secretary](/usc/16/1802.md?p=39) shall, with respect to panel members described in [subsection (b)(1)](#b-1), solicit recommendations from the National Academy of Sciences.
- (d) **Report—** Within 2 years after October 11, 1996, the [Secretary](/usc/16/1802.md?p=39) shall submit to the Congress a completed report of the panel established under this section, which shall include—
  - (1) an analysis of the extent to which ecosystem principles are being applied in [fishery](/usc/16/1802.md?p=13) [conservation and management](/usc/16/1802.md?p=5) activities, including research activities;
  - (2) proposed actions by the [Secretary](/usc/16/1802.md?p=39) and by the Congress that should be undertaken to expand the application of ecosystem principles in [fishery](/usc/16/1802.md?p=13) [conservation and management](/usc/16/1802.md?p=5); and
  - (3) such other information as may be appropriate.
- (e) **Procedural matter—** The advisory panel established under this section shall be deemed an advisory panel under [section 1852(g) of this title](/usc/16/1852.md?p=g).
- (f) **Regional ecosystem research—**
  - (1) **Study—** Within 180 days after January 12, 2007, the [Secretary](/usc/16/1802.md?p=39), in consultation with the [Councils](/usc/16/5102.md?p=5), shall undertake and complete a study on the [state](/usc/16/1802.md?p=40) of the science for advancing the concepts and integration of ecosystem considerations in regional [fishery](/usc/16/1802.md?p=13) management. The study should build upon the recommendations of the advisory panel and include—
    - (A) recommendations for scientific data, information and technology requirements for understanding ecosystem processes, and methods for integrating such information from a variety of federal,[^1] [state](/usc/16/1802.md?p=40),[^1] and regional sources;
    - (B) recommendations for processes for incorporating broad stake holder participation;
    - (C) recommendations for processes to account for effects of environmental variation on [fish](/usc/16/1802.md?p=12) stocks and [fisheries](/usc/16/1802.md?p=13); and
    - (D) a description of existing and developing [council](/usc/16/460mmm–1.md?p=2) efforts to implement ecosystem approaches, including lessons learned by the [councils](/usc/16/5102.md?p=5).
  - (2) **Agency technical advice and assistance, regional pilot programs—** The [Secretary](/usc/16/1802.md?p=39) is authorized to provide necessary technical advice and assistance, including grants, to the [Councils](/usc/16/5102.md?p=5) for the development and design of regional pilot [programs](/usc/16/460ss–6.md?p=1) that build upon the recommendations of the advisory panel and, when completed, the study.