---
kind: "section"
citation: "16 U.S.C. § 1852"
title: "16"
title_heading: "Conservation"
number: "1852"
heading: "Regional Fishery Management Councils"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1852"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter IV — National Fishery Management Program"
---

# §1852. Regional Fishery Management Councils

- (a) **Establishment—**
  - (1) There shall be established, within 120 days after April 13, 1976, eight Regional [Fishery](/usc/16/1802.md?p=13) Management [Councils](/usc/16/1802.md?p=8), as follows:
    - (A) **New England Council—** The New England [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8): New England [Council](/usc/16/1802.md?p=8), Mid-Atlantic [Council](/usc/16/1802.md?p=8), South Atlantic [Council](/usc/16/1802.md?p=8), Gulf [Council](/usc/16/1802.md?p=8), and Caribbean [Council](/usc/16/1802.md?p=8).
- (b) **Voting members—**
  - (1) The voting members of each [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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](/usc/16/539m–1.md?p=1-A) 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) in the commercial and recreational [fisheries](/usc/16/1802.md?p=13) under the jurisdiction of the [Council](/usc/16/1802.md?p=8). On January 31, 1991, and each year thereafter, the [Secretary](/usc/16/1802.md?p=39) shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and [Fisheries](/usc/16/1802.md?p=13) of the House of Representatives 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/16/1802.md?p=8), 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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 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/16/1802.md?p=8) 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 in the jurisdiction of the [Council](/usc/16/1802.md?p=8).
      - (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/16/1802.md?p=8); 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 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/16/1802.md?p=8), 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](/usc/16/3102.md?p=18) office as a member of the [Council](/usc/16/1802.md?p=8).
  - (3) Each voting member appointed to a [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) member.
  - (4) Successors to the voting members of any [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) one representative 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](/usc/16/3102.md?p=18) 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 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 was chosen.
    - (D) The tribal representative appointed under [subparagraph (A)](#b-5-A) may designate as an alternate, during the period of the representative’s term, an individual knowledgeable concerning tribal rights, tribal law, and the [fishery resources](/usc/16/1802.md?p=15) of the geographical [area](/usc/16/539m–1.md?p=1-A) concerned.
  - (6) The [Secretary](/usc/16/1802.md?p=39) may remove for cause any member of a [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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 and Wildlife](/usc/16/3102.md?p=17) Service for the geographical [area](/usc/16/539m–1.md?p=1-A) concerned, or his designee.
    - (B) The Commander of the Coast Guard district for the geographical [area](/usc/16/539m–1.md?p=1-A) 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](/usc/16/539m–1.md?p=1-A) concerned, if any, or his designee.
    - (D) One representative of the Department of State designated for such purpose by the Secretary of State, or his designee.
  - (2) The Pacific [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8). The voting members of each [Council](/usc/16/1802.md?p=8), 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/16/1802.md?p=8) staff members may be reimbursed for actual expenses.
- (e) **Transaction of business—**
  - (1) A majority of the voting members of any [Council](/usc/16/1802.md?p=8) shall constitute a quorum, but one or more such members designated by the [Council](/usc/16/1802.md?p=8) may hold hearings. All decisions of any [Council](/usc/16/1802.md?p=8) shall be by majority vote of the voting members present and voting.
  - (2) The voting members of each [Council](/usc/16/1802.md?p=8) shall select a Chairman for such [Council](/usc/16/1802.md?p=8) from among the voting members.
  - (3) Each [Council](/usc/16/1802.md?p=8) shall meet at appropriate times and places in any of the constituent [States](/usc/16/544.md?p=r) of the [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) disagrees with respect to any matter which is transmitted to the [Secretary](/usc/16/1802.md?p=39) by such [Council](/usc/16/1802.md?p=8), 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/16/1802.md?p=8), 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/16/1802.md?p=8), the [Council](/usc/16/1802.md?p=8) shall hold a roll call vote on any matter before the [Council](/usc/16/1802.md?p=8). The official minutes and other appropriate records of any [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8), 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/16/1802.md?p=8), on a reimbursable basis, any of the personnel of such agency, to assist such [Council](/usc/16/1802.md?p=8) in the performance of its functions under this chapter.
  - (3) The [Secretary](/usc/16/1802.md?p=39) shall provide to each [Council](/usc/16/1802.md?p=8) such administrative and technical support services as are necessary for the effective functioning of such [Council](/usc/16/1802.md?p=8).
  - (4) The [Administrator](/usc/16/450rr–1.md?p=a) of General Services shall furnish each [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8), and of its scientific and statistical committee 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/16/1802.md?p=8) 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 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/16/1802.md?p=8).
- (g) **Committees and advisory panels—**
  - (1)
    - (A) Each [Council](/usc/16/1802.md?p=8) shall establish, maintain, and appoint the members of a scientific and statistical committee 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/16/1802.md?p=8)’s development and amendment of any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k).
    - (B) Each scientific and statistical committee shall provide its [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) to the scientific and statistical committees 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 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/16/1802.md?p=8) may establish a peer review process for that [Council](/usc/16/1802.md?p=8) for scientific information used to advise the [Council](/usc/16/1802.md?p=8) 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 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 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 shall hold its meetings in conjunction with the meeting of the [Council](/usc/16/1802.md?p=8), to the extent practicable.
  - (2) Each [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/544.md?p=k) and amendments to such plans.
    - (B) Appointments to a committee established under [subparagraph (A)](#g-3-A) shall be made by each [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8).
  - (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/16/544.md?p=k) 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 and panels established under this subsection shall be considered to be advisory in nature.
- (h) **Functions—** Each [Council](/usc/16/1802.md?p=8) shall, in accordance with the provisions of this chapter—
  - (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/16/544.md?p=k), 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/16/544.md?p=k) 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](/usc/16/539m–1.md?p=1-A) 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/16/544.md?p=k) and amendments to such plans, and with respect to the administration and implementation of the provisions of this chapter (and for purposes of this paragraph, the term “geographical [area](/usc/16/539m–1.md?p=1-A) concerned” may include an [area](/usc/16/539m–1.md?p=1-A) under the authority of another [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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) 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 or the peer review process established under [subsection (g)](#g);
  - (7) develop, in conjunction with the scientific and statistical committee, 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 of the [Council](/usc/16/1802.md?p=8);
  - (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, 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/16/544.md?p=k), 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](/usc/16/3102.md?p=16) 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/16/1802.md?p=8), the [Council](/usc/16/1802.md?p=8) coordination committee established under [subsection (l)](#l), or to the scientific and statistical committees or other committees 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/16/1802.md?p=8), of the [Council](/usc/16/1802.md?p=8) coordination committee established under [subsection (l)](#l), and of the scientific and statistical committees or other committees 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 (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/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8), 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/16/1802.md?p=8), committee, 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/16/1802.md?p=8) or the [Secretary](/usc/16/1802.md?p=39), as appropriate.
  - (3)
    - (A) Each [Council](/usc/16/1802.md?p=8), the [Council](/usc/16/1802.md?p=8) Coordination Committee established under [subsection (l)](#l), scientific, and statistical committee, other committees, 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/16/1802.md?p=8) 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/16/1802.md?p=8) 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 (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/16/1802.md?p=8) shall establish appropriate procedures applicable to it and to its committee 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/16/1802.md?p=8) employee access and the prevention of conflicts of interest; except that such procedures, in the case of statistics submitted to the [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) shall specify those procedures that are necessary or appropriate to ensure that the committees 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/16/544.md?p=k).
  - (6) At any time when a [Council](/usc/16/1802.md?p=8) determines it appropriate to consider new information from a [State](/usc/16/1802.md?p=40) or Federal agency or from a [Council](/usc/16/1802.md?p=8) advisory body, the [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) [takes](/usc/16/3102.md?p=18) 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/16/1802.md?p=8) in accordance with [subsection (b)(2)](#b-2); or
      - (ii) is a voting member of a [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8), to attend [Council](/usc/16/1802.md?p=8) meetings and make determinations under [paragraph (7)(B)](#j-7-B).
  - (2) Each affected individual 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/16/1802.md?p=8)) 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/16/1802.md?p=8) 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 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 referred to in [paragraph (1)(A)(ii)](#j-1-A-ii), within 45 days of [taking](/usc/16/3102.md?p=18) office.
  - (4) An affected individual 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), or (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/16/1802.md?p=8) and made available on the Internet and for public inspection at the [Council](/usc/16/1802.md?p=8) 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 referred to in [paragraph (1)(A)(ii)](#j-1-A-ii) in an action by a [Council](/usc/16/1802.md?p=8) 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 required to disclose a financial interest under [paragraph (2)](#j-2) shall not vote on a [Council](/usc/16/1802.md?p=8) decision which would have a significant and predictable effect on such financial interest. A [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) decision and an expected and substantially disproportionate benefit to the financial interest of the affected individual 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 who may not vote may participate in [Council](/usc/16/1802.md?p=8) deliberations relating to the decision after notifying the [Council](/usc/16/1802.md?p=8) of the voting recusal and identifying the financial interest that would be affected.
    - (B) At the request of an affected individual, or upon the initiative of the appropriate designated official, the designated official shall make a determination for the record whether a [Council](/usc/16/1802.md?p=8) decision would have a significant and predictable effect on a financial interest.
    - (C) Any [Council](/usc/16/1802.md?p=8) member may submit a written request to the [Secretary](/usc/16/1802.md?p=39) to review any determination by the designated official 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 who does not vote in a [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) and by not later than one year from October 11, 1996, shall promulgate regulations which prohibit an affected individual 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 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 on Commerce, Science, and Transportation and the House of Representatives Committee on Resources on action taken by the [Secretary](/usc/16/1802.md?p=39) and the [Councils](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) and scientific and statistical committees 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/16/1802.md?p=8) and the National Sea Grant College Program, shall develop a training course for newly appointed [Council](/usc/16/1802.md?p=8) members. The course may cover a variety of topics relevant to matters before the [Councils](/usc/16/1802.md?p=8), 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/16/1802.md?p=8) 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](/usc/16/3102.md?p=16) 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/16/544.md?p=k);
    - (H) other topics suggested by the [Council](/usc/16/1802.md?p=8); 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/16/1802.md?p=8)’s jurisdiction.
  - (2) **Member training—** The training course shall be available to both new and existing [Council](/usc/16/1802.md?p=8) 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 or advisory panel members as resources allow.
  - (3) **Required training—** [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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/16/1802.md?p=8) may establish a [Council](/usc/16/1802.md?p=8) coordination committee consisting of the chairs, vice chairs, and executive directors of each of the 8 [Councils](/usc/16/1802.md?p=8) described in [subsection (a)(1)](#a-1), or other [Council](/usc/16/1802.md?p=8) members or staff, in order to discuss issues of relevance to all [Councils](/usc/16/1802.md?p=8), including issues related to the implementation of this chapter.

## Footnotes

[^1]: So in original. Probably should not be capitalized.
[^2]: See References in Text note below.
[^3]: So in original. Probably should be “paragraph”.
[^4]: So in original. The word “section” probably should not appear.
[^5]: So in original. Probably should be “subparagraph”.

## Source credit

(Pub. L. 94–265, title III, § 302, Apr. 13, 1976, 90 Stat. 347; Pub. L. 95–354, § 5(1), Aug. 28, 1978, 92 Stat. 521; Pub. L. 96–561, title II, § 234, Dec. 22, 1980, 94 Stat. 3299; Pub. L. 97–453, § 5, Jan. 12, 1983, 96 Stat. 2484; Pub. L. 99–659, title I, § 104(a)(1), (b)–(e)(1), Nov. 14, 1986, 100 Stat. 3709, 3710; Pub. L. 101–627, title I, §§ 108(a)–(j), 120(c), Nov. 28, 1990, 104 Stat. 4444–4446, 4459; Pub. L. 102–582, title IV, § 403, Nov. 2, 1992, 106 Stat. 4909; Pub. L. 104–297, title I, § 107, Oct. 11, 1996, 110 Stat. 3570; Pub. L. 106–113, div. B, § 1000(a)(1) [title II, § 210], Nov. 29, 1999, 113 Stat. 1535, 1501A–33; Pub. L. 109–479, title I, §§ 102, 103, Jan. 12, 2007, 120 Stat. 3579; Pub. L. 115–405, § 102(a), Dec. 31, 2018, 132 Stat. 5357; Pub. L. 117–286, § 4(a)(116), Dec. 27, 2022, 136 Stat. 4318.)

## Notes

### Editorial Notes

### References in Text

Subsection (k), referred to in subsec. (b)(2)(C), was redesignated subsec. (j) of this section by Pub. L. 104–297, title I, § 107(g), Oct. 11, 1996, 110 Stat. 3572.

The General Schedule, referred to in subsec. (d), is set out under section 5332 of Title 5, Government Organization and Employees.

This chapter, referred to in subsecs. (f)(2), (6), (g)(2), (h), (k)(1)(E), and (l), was in the original “this Act”, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Section 515 of the Treasury and General Government Appropriations Act for Fiscal year 2001, referred to in subsec. (g)(1)(E), is section 1(a)(3) [title V, § 515] of Pub. L. 106–554, which is set out as a note under section 3516 of Title 44, Public Printing and Documents.

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

### Amendments

2022—Subsec. (i)(1). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”.

2018—Subsec. (h)(8), (9). Pub. L. 115–405 added par. (8) and redesignated former par. (8) as (9).

2007—Subsec. (a)(1)(D). Pub. L. 109–479, § 102, inserted “and of commonwealths, territories, and possessions of the United States in the Caribbean Sea” after “seaward of such States”.

Subsec. (b)(2)(D), (E). Pub. L. 109–479, § 103(j), added subpar. (D) and redesignated former subpar. (D) as (E).

Subsec. (b)(5)(D). Pub. L. 109–479, § 103(a), added subpar. (D).

Subsec. (g). Pub. L. 109–479, § 103(b)(1), substituted “Committees and advisory panels” for “Committees and panels” in heading.

Subsec. (g)(1). Pub. L. 109–479, § 103(b)(1), added par. (1) and struck out former par. (1) which read as follows: “Each Council shall establish and maintain, and appoint the members of, a scientific and statistical committee to assist it in the development, collection, and evaluation of such statistical, biological, economic, social, and other scientific information as is relevant to such Council’s development and amendment of any fishery management plan.”

Subsec. (g)(2). Pub. L. 109–479, § 103(b)(2), (3), struck out “other” before “advisory panels” and realigned margins.

Subsec. (g)(3) to (5). Pub. L. 109–479, § 103(b)(3), realigned margins.

Subsec. (h)(5). Pub. L. 109–479, § 103(c)(1), which directed substitution of “authority;” for “authority, and”, was executed by making the substitution for “authority; and” to reflect the probable intent of Congress.

Subsec. (h)(6). Pub. L. 109–479, § 103(c)(3), added par. (6). Former par. (6) redesignated (7).

Subsec. (h)(7). Pub. L. 109–479, § 103(d)(1), (3), added par. (7). Former par. (7) redesignated (8).

Pub. L. 109–479, § 103(c)(2), redesignated par. (6) as (7).

Subsec. (h)(8). Pub. L. 109–479, § 103(d)(2), redesignated par. (7) as (8).

Subsec. (i)(1). Pub. L. 109–479, § 103(h)(1), substituted “to the Councils, the Council coordination committee established under subsection (l), or to the scientific and statistical committees or other committees or advisory panels established under subsection (g).” for “to the Councils or to the scientific and statistical committees or advisory panels established under subsection (g) of this section.”

Subsec. (i)(2). Pub. L. 109–479, § 103(h)(2), in introductory provisions, substituted “of a Council, of the Council coordination committee established under subsection (l), and of the scientific and statistical committees or other committees or advisory panels established under subsection (g):” for “of a Council, and of the scientific and statistical committee and advisory panels established under subsection (g) of this section:”.

Subsec. (i)(2)(C). Pub. L. 109–479, § 103(e), substituted “provided by any means that will result in wide publicity in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery), except that e-mail notification and website postings alone are not sufficient.” for “published in local newspapers in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery) and such notice may be given by such other means as will result in wide publicity.”

Subsec. (i)(3)(A). Pub. L. 109–479, § 103(h)(3), (4), in introductory provisions, inserted “the Council Coordination Committee established under subsection (l),” after “Council,” and “other committees,” after “committee,”.

Subsec. (i)(3)(B). Pub. L. 109–479, § 103(f), which directed substitution of “provide notice by any means that will result in wide publicity in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery), except that e-mail notification and website postings alone are not sufficient,” for “notify local newspapers in the major fishing ports within its region (and in other major, affected fishing ports,”, was executed by making the substitution for text which ended with “ports),” to reflect the probable intent of Congress.

Subsec. (j)(2). Pub. L. 109–479, § 103(i)(1), (2), in concluding provisions, inserted “lobbying, advocacy,” after “processing,” and substituted “jurisdiction, or with respect to an individual or organization with a financial interest in such activity.” for “jurisdiction.”

Subsec. (j)(5)(B). Pub. L. 109–479, § 103(i)(3), added subpar. (B) and struck out former subpar. (B) which read as follows: “be kept on file, and made available for public inspection at reasonable hours, at the Council offices; and”.

Subsec. (j)(9). Pub. L. 109–479, § 103(i)(4), added par. (9).

Subsecs. (k), (l). Pub. L. 109–479, § 103(g), added subsecs. (k) and (l).

1999—Subsec. (a)(1)(A). Pub. L. 106–113 substituted “18” for “17” and “12” for “11”.

1996—Subsec. (a). Pub. L. 104–297, § 107(a)(1), (2), (6), inserted “(1)” before “There shall be established”, redesignated former pars. (1) to (8) as subpars. (A) to (H), respectively, adjusted margin of last sentence, and inserted “(2)” before “Each Council”.

Subsec. (a)(1)(A). Pub. L. 104–297, § 107(a)(3), substituted “paragraph (3)” for “section 1854(f)(3) of this title”.

Subsec. (a)(1)(B). Pub. L. 104–297, § 107(a)(3), (4), substituted “Virginia, and North Carolina” for “and Virginia”, inserted “North Carolina, and” after “except”, and substituted “paragraph (3)” for “section 1854(f)(3) of this title”, “21 voting” for “19 voting”, and “13 appointed” for “12 appointed”.

Subsec. (a)(1)(C) to (E). Pub. L. 104–297, § 107(a)(3), substituted “paragraph (3)” for “section 1854(f)(3) of this title”.

Subsec. (a)(1)(F). Pub. L. 104–297, § 107(a)(5), amended heading and text of subpar. (F) generally. Prior to amendment, text read as follows: “The Pacific Fishery Management Council shall consist of the States of California, Oregon, Washington, and Idaho and shall have authority over the fisheries in the Pacific Ocean seaward of such States. The Pacific Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) of this section (at least one of whom shall be appointed from each such State).”

Subsec. (a)(3). Pub. L. 104–297, § 107(a)(7), added par. (3).

Subsec. (b)(1)(C). Pub. L. 104–297, § 107(b)(1), substituted “paragraphs (2) and (5)” for “subsection (b)(2) of this section”.

Subsec. (b)(3). Pub. L. 104–297, § 107(b)(1), (2), substituted “paragraphs (2) and (5)” for “subsection (b)(2) of this section” and “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 member.” for “Any term completed prior to December 31, 1987, shall not be counted in determining the number of consecutive terms served by any Council member.”

Subsec. (b)(5), (6). Pub. L. 104–297, § 107(b)(3), added pars. (5) and (6) and struck out former par. (5) which read as follows: “The Secretary may remove for cause any member of a Council required to be appointed by the Secretary in accordance with subsection (b)(2) of this section if the Council concerned first recommends removal by not less than two-thirds of the members who are voting members. A removal recommendation of a Council must be in writing and accompanied by a statement of the reasons upon which the recommendation is based.”

Subsec. (d). Pub. L. 104–297, § 107(c), substituted “each Council who are required to be appointed by the Secretary and” for “each Council,” and “shall receive compensation at the daily rate for GS–15, step 7” for “shall, until January 1, 1992, receive compensation at the daily rate for GS–18 of the General Schedule, and after December 31, 1991, at the daily rate for GS–16”.

Subsec. (e)(5). Pub. L. 104–297, § 107(d), added par. (5).

Subsec. (g)(4), (5). Pub. L. 104–297, § 107(e), added par. (4) and redesignated former par. (4) as (5).

Subsec. (h)(1). Pub. L. 104–297, § 107(f)(1), added par. (1) and struck out former par. (1) which read as follows: “prepare and submit to the Secretary a fishery management plan with respect to each fishery (except as provided in section 1854(f)(3) of this title) within its geographical area of authority that requires conservation and management and, from time to time, such amendments to each such plan as are necessary;”.

Subsec. (h)(2). Pub. L. 104–297, § 107(f)(2), substituted “section 1824(b)(4)(C) of this title or section 1824(d) of this title” for “section 1824(b)(4)(C) of this title” and “section 1854(c)(4)” for “section 1854(c)(2)”.

Subsec. (h)(5). Pub. L. 104–297, § 107(f)(3), substituted “subsection (a)(3)” for “1854(f)(3) of this title”.

Subsec. (i). Pub. L. 104–297, § 107(g), redesignated subsec. (j) as (i) and struck out heading and text of former subsec. (i). Text read as follows:

“(1) Each Council—

“(A) may comment on and make recommendations concerning any activity undertaken, or proposed to be undertaken, by any State or Federal agency that, in the view of the Council, may affect the habitat of a fishery resource under its jurisdiction; and

“(B) shall comment on and make recommendations concerning any such activity that, in the view of the Council, is likely to substantially affect the habitat of an anadromous fishery resource under its jurisdiction.

“(2) Within 45 days after receiving a comment or recommendation under paragraph (1) from a Council, a Federal agency shall provide a detailed response, in writing, to the Council regarding the matter. In the case of a comment or recommendation under paragraph (1)(B), the response shall include a description of measures being considered by the agency for mitigating or offsetting the impact of the activity on such habitat.”

Subsec. (i)(1). Pub. L. 104–297, § 107(h)(1), substituted “established under subsection (g) of this section” for “of the Councils”.

Subsec. (i)(2). Pub. L. 104–297, § 107(h)(2), substituted “established under subsection (g) of this section” for “of a Council” in introductory provisions.

Subsec. (i)(2)(C). Pub. L. 104–297, § 107(h)(3), (4), struck out “Council’s” after “fishing ports of the” and inserted at end “The published agenda of the meeting may not be modified to include additional matters for Council 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, in which case public notice shall be given immediately.”

Subsec. (i)(2)(D). Pub. L. 104–297, § 107(h)(5), inserted at end “All written information submitted to a Council by an interested person 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 in the subject of the oral or written statement.”

Subsec. (i)(2)(E). Pub. L. 104–297, § 107(h)(6), added subpar. (E) and struck out former subpar. (E) which read as follows: “Minutes of each meeting shall be kept and shall contain a record of the persons present, an accurate description of matters discussed and conclusions reached, and copies of all statements filed.”

Subsec. (i)(2)(F). Pub. L. 104–297, § 107(h)(7)–(9), struck out “by the Council” after “procedures established”, substituted “section 1881a(b)” for “section 1853(d)”, and inserted “or the Secretary, as appropriate” after “of the Council”.

Subsec. (i)(4). Pub. L. 104–297, § 107(h)(10), substituted “section 1881a(b)” for “section 1853(d)”.

Subsec. (j). Pub. L. 104–297, § 107(g), (i)(1), redesignated subsec. (k) as (j) and inserted “and recusal” at the end of subsection heading. Former subsec. (j) redesignated (i).

Subsec. (j)(1). Pub. L. 104–297, § 107(i)(2), added par. (1) and struck out former par. (1) which read as follows: “For purposes of this subsection, the term ‘affected individual’ means an individual who—

“(A) is nominated by the Governor of a State for appointment as a voting member of a Council in accordance with subsection (b)(2) of this section;

“(B) is a voting member of a Council appointed under subsection (b)(2) of this section; or

“(C) is the executive director of a Council.”

Subsec. (j)(3)(A). Pub. L. 104–297, § 107(i)(3), substituted “(1)(A)(i)” for “(1)(A)”.

Subsec. (j)(3)(B), (4). Pub. L. 104–297, § 107(i)(4), (5), substituted “(1)(A)(ii)” for “(1)(B) or (C)”.

Subsec. (j)(5)(C). Pub. L. 104–297, § 107(i)(6), added subpar. (C).

Subsec. (j)(6). Pub. L. 104–297, § 107(i)(7), substituted “(1)(A)(ii)” for “(1)(B) or (C)”.

Subsec. (j)(7). Pub. L. 104–297, § 107(i)(8), added par. (7). Former par. (7) redesignated (8).

Subsec. (j)(8). Pub. L. 104–297, § 107(i)(9), substituted “(1)(A)(ii)” for “(1)(B) or (C)”.

Pub. L. 104–297, § 107(i)(8), redesignated par. (7) as (8).

Subsec. (k). Pub. L. 104–297, § 107(g), redesignated subsec. (k) as (j).

1992—Subsec. (b)(3). Pub. L. 102–582 substituted “December 31, 1987” for “January 1, 1986”.

1990—Subsec. (a). Pub. L. 101–627, § 108(a), inserted “(except as provided in section 1854(f)(3) of this title)” before period at end of first sentence in pars. (1) to (5).

Subsec. (b)(2). Pub. L. 101–627, § 108(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

“(A) The members of each Council required to be appointed by the Secretary must be individuals who are knowledgeable and experienced with regard to the conservation and management, or the recreational or commercial harvest, of the fishery resources of the geographical area concerned. The Secretary, in making appointments under this section, shall, to the extent practicable, ensure a fair apportionment, on a rotating or other basis, of the active participants (or their representatives) involved in the fisheries under Council jurisdiction.

“(B) The Secretary shall appoint the members of each Council from a list of individuals submitted by the Governor of each applicable constituent State. A Governor may not submit the names of individuals to the Secretary for appointment unless the Governor has, to the extent practicable, first consulted with representatives of the commercial and recreational fishing interests of the state regarding those individuals. Each such list shall include the names and pertinent biographical data of not less than three individuals for each applicable vacancy. The Secretary 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 the required knowledge and experience required by subparagraph (A). If the Secretary determines that any individual is not qualified, he 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 until that individual complies with the applicable financial disclosure requirements under subsection (k) of this section.

“(C) Whenever the Secretary makes an appointment to a Council, he 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.”

Subsec. (b)(3). Pub. L. 101–627, § 108(c), inserted at end “No member appointed after January 1, 1986, may serve more than three consecutive terms. Any term completed prior to January 1, 1986, shall not be counted in determining the number of consecutive terms served by any Council member.”

Subsec. (d). Pub. L. 101–627, § 108(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The voting members of each Council, who are not employed by the Federal Government or any State or local government, shall receive compensation at the daily rate for GS–18 of the General Schedule when engaged in the actual performance of duties for such Council. The voting members of each Council, any nonvoting member described in subsection (c)(1)(C) of this section, and the nonvoting member appointed pursuant to subsection (c)(2) of this section shall be reimbursed for actual expenses incurred in the performance of such duties, and other nonvoting members may be reimbursed for actual expenses.”

Subsec. (e)(3). Pub. L. 101–627, § 108(e)(1), substituted “at appropriate times and places in any of the constituent States of the Council” for “in the geographical area concerned”.

Subsec. (e)(4). Pub. L. 101–627, § 108(e)(2), inserted at end “The regional director of the National Marine Fisheries Service serving on the Council, 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.”

Subsec. (g)(3), (4). Pub. L. 101–627, § 108(f), added pars. (3) and (4).

Subsec. (h). Pub. L. 101–627, § 108(g), inserted “(except as provided in section 1854(f)(3) of this title)” before “within its geographical” in pars. (1) and (5).

Subsec. (i). Pub. L. 101–627, § 108(h), amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: “Each Council may comment on, or make recommendations concerning, any activity undertaken, or proposed to be undertaken, by any State or Federal agency that, in the view of the Council, may affect the habitat of a fishery resource under its jurisdiction. Within 45 days after receiving such a comment or recommendation from a Council, a Federal agency must provide a detailed response, in writing, to the Council regarding the matter.”

Subsec. (j)(3)(A). Pub. L. 101–627, § 108(i)(1), substituted period for semicolon in cl. (ii), and in concluding provisions struck out “and if any meeting or portion is closed, the Council, committee, or panel concerned shall publish notice of the closure in local newspapers in the major fishing ports within its region (and in other major, affected fishing ports), including the time and place of the meeting.” before “Subparagraphs (D) and (F)” and inserted “of paragraph (2)” after “Subparagraphs (D) and (F)”.

Subsec. (j)(3)(B). Pub. L. 101–627, § 108(i)(2), added subpar. (B).

Subsec. (j)(4). Pub. L. 101–627, § 120(c), substituted “Council employee” for “council employee”.

Subsec. (j)(6). Pub. L. 101–627, § 108(j), added par. (6).

1986—Subsec. (b)(2)(A). Pub. L. 99–659, § 104(a)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “The members of each Council required to be appointed by the Secretary must be individuals who are knowledgeable or experienced with regard to the management, conservation, or recreational or commercial harvest of the fishery resources of the geographical area concerned.”

Subsec. (b)(2)(B). Pub. L. 99–659, § 104(a)(1)(B), inserted provision that a Governor may not submit the names of individuals to the Secretary for appointment unless the Governor has, to the extent practicable, first consulted with representatives of the commercial and recreational fishing interests of the state regarding those individuals, substituted “knowledge and experience” for “knowledge or experience”, and inserted provision that an individual is not eligible for appointment by the Secretary until that individual complies with applicable financial disclosure requirements under subsec. (k) of this section.

Subsec. (b)(3). Pub. L. 99–659, § 104(a)(1)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Each voting member appointed to a Council by the Secretary in accordance with subsection (b)(2) of this section shall serve for a term of 3 years; except that, with respect to the members initially so appointed, the Secretary shall designate up to one-third thereof to serve for a term of 1 year, up to one-third thereof to serve for a term of 2 years, and the remaining such members to serve for a term of 3 years.”

Subsec. (i). Pub. L. 99–659, § 104(b), added subsec. (i). Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 99–659, § 104(b)(1), redesignated former subsec. (i) as (j).

Subsec. (j)(4). Pub. L. 99–659, § 104(c), substituted “; except that such procedures, in the case of statistics submitted to the Council by a State or by the Secretary under section 1853(d) of this title, must be consistent with the laws and regulations of that State, or with the procedures of the Secretary, as the case may be, concerning the confidentiality of the statistics” for “; except that such procedures must, in the case of statistics submitted to the Council by a State, be consistent with the laws and regulations of that State concerning the confidentiality of such statistics”.

Subsec. (j)(5). Pub. L. 99–659, § 104(d), added par. (5).

Subsec. (k). Pub. L. 99–659, § 104(e)(1), added subsec. (k).

1983—Subsec. (a)(1) to (7). Pub. L. 97–453, § 5(1)(A), substituted “in accordance with subsection (b)(2)” for “pursuant to subsection (b)(1)(C)” wherever appearing.

Subsec. (a)(8). Pub. L. 97–453, § 5(1)(B), substituted provision that the Western Pacific Fishery Management Council shall consist of the States of Hawaii, American Samoa, Guam, and the Northern Mariana Islands and shall have authority over the fisheries in the Pacific Ocean seaward of such States and of the Commonwealths, territories, and possessions of the United States in the Pacific Ocean area, for provision that the Western Pacific Fishery Management Council would consist of the State of Hawaii, American Samoa, and Guam and have authority over the fisheries in the Pacific Ocean seaward of such States, and provision that the Western Pacific Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) of this section at least one of whom shall be appointed from each of Hawaii, American Samoa, Guam, and the Northern Mariana Islands, for provision that the Western Pacific Council would have 11 voting members, including 7 appointed by the Secretary pursuant to former subsection (b)(1)(C) of this section (at least one of whom would be appointed from each such State).

Subsec. (b)(1)(C). Pub. L. 97–453, § 5(2)(A), substituted reference to subsec. (b)(2) of this section for characterization of the members to be appointed as members of a list of qualified individuals submitted by the Governor of each applicable constituent State, that with respect to initial appointments, such Governors submit such lists to the Secretary as soon as practicable, not later than 45 days after April 13, 1976, that “list of qualified individuals” included the names (including pertinent biographical data) of not less than three such individuals for each applicable vacancy, and that “qualified individual” meant an individual knowledgeable or experienced with regard to the management, conservation, or recreational or commercial harvest, of the fishery resources of the geographical area concerned.

Subsec. (b)(2) to (5). Pub. L. 97–453, § 5(2)(B)–(E), added pars. (2) and (5), redesignated existing pars. (2) and (3) as (3) and (4), respectively, and in par. (3), as redesignated, substituted “by the Secretary in accordance with subsection (b)(2) of this section” for “pursuant to paragraph (1)(C)” after “appointed to a Council”.

Subsec. (f)(6). Pub. L. 97–453, § 5(3), inserted requirement that the procedures of a Council and associated committees and panels be consistent with the procedural guidelines set forth in subsec. (i)(2).

Subsec. (h)(1). Pub. L. 97–453, § 5(4)(A), inserted “that requires conservation and management” after “authority”.

Subsec. (h)(2). Pub. L. 97–453, § 5(4)(B), substituted “section 1824(b)(4)(C)” for “section 1824(b)(4)(B)”.

Subsec. (h)(3). Pub. L. 97–453, § 5(4)(C), inserted parenthetical definition of “geographical area concerned”.

Subsec. (h)(4). Pub. L. 97–453, § 5(4)(D), struck out subpar. (A) which provided for a report, before Feb. 1 of each year, on the Council’s activities during the immediately preceding calendar year, and struck out the subparagraph designators before subpars. (B) and (C).

Subsec. (i). Pub. L. 97–453, § 5(5), added subsec. (i).

1980—Subsec. (d). Pub. L. 96–561 inserted provision that other nonvoting members may be reimbursed for actual expenses.

1978—Subsec. (h)(5). Pub. L. 95–354 inserted provisions relating to capacity and extent to which United States fish processors will process harvested fish.

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

### Effective Date of 1986 Amendment

Pub. L. 99–659, title I, § 104(a)(2), Nov. 14, 1986, 100 Stat. 3709, provided that: “The amendments made by paragraph (1) [amending this section] shall apply with respect to voting members of regional fishery management councils who are appointed, and to individuals who are nominated for appointment as voting members, on or after the date of the enactment of this Act [Nov. 14, 1986].”

### Transfer of Functions

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

### Abolition of House Committee on Merchant Marine and Fisheries

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

### Other Fisheries

Pub. L. 115–405, § 102(c), Dec. 31, 2018, 132 Stat. 5357, provided that: “Nothing in paragraph (8) of section 302(h) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)), as added by subsection (a), shall be construed to affect management of any fishery not described in such paragraph (8).”

### Disclosure of Financial Interest by Incumbent Voting Members and Executive Directors

Pub. L. 99–659, title I, § 104(e)(2), Nov. 14, 1986, 100 Stat. 3711, provided that for purposes of applying subsec. (k) of this section to voting members and executive directors of regional fishery management councils who were serving in those capacities on date on which regulations prescribed to carry out subsec. (k) first took effect, each such member or director must file a disclosure form under subsec. (k) within 45 days after that date.

### Directions Regarding Fishery Management Council Membership

Pub. L. 99–659, title I, § 113, Nov. 14, 1986, 100 Stat. 3715, provided that: “Notwithstanding section 302 of the Act (16 U.S.C. 1852) and effective on and after the date of the enactment of this Act [Nov. 14, 1986], the Secretary shall take action to ensure, to the extent practicable, that those persons dependent for their livelihood upon the fisheries within the respective jurisdictions of the Regional Fishery Management Councils are fairly represented as voting members of the Councils.”