---
kind: "section"
citation: "16 U.S.C. § 1853a"
title: "16"
title_heading: "Conservation"
number: "1853a"
heading: "Limited access privilege programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1853a"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter IV — National Fishery Management Program"
---

# §1853a. Limited access privilege programs

- (a) **In general—** After January 12, 2007, a [Council](/usc/16/1802.md?p=8) 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 to harvest [fish](/usc/16/1802.md?p=12) if the program 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 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 to harvest [fish](/usc/16/1802.md?p=12) submitted by a [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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, 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 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 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;
    - (G) include provisions for the regular monitoring and review by the [Council](/usc/16/1802.md?p=8) and the [Secretary](/usc/16/1802.md?p=39) of the operations of the program, including determining progress in meeting the goals of the program and this chapter, and any necessary modification of the program to meet those goals, with a formal and detailed review 5 years after the implementation of the program and thereafter to coincide with scheduled [Council](/usc/16/1802.md?p=8) review of the relevant [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) (but no less frequently than once every 7 years);
    - (H) include an effective system for enforcement, monitoring, and management of the program, including the use of [observers](/usc/16/1802.md?p=31) or electronic monitoring systems;
    - (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; 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 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/16/1802.md?p=8);
        - (II) meet criteria developed by the relevant [Council](/usc/16/1802.md?p=8), 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/16/1802.md?p=8)’s management [area](/usc/16/539m–1.md?p=1-A); and
        - (IV) develop and submit a community sustainability plan to the [Council](/usc/16/1802.md?p=8) 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 to participate in the [fishery](/usc/16/1802.md?p=13), for approval based on criteria developed by the [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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 on harvesters, captains, crew, processors, and other businesses substantially dependent upon the [fishery](/usc/16/1802.md?p=13) in the region 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 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 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/16/1802.md?p=8);
      - (ii) meet criteria developed by the relevant [Council](/usc/16/1802.md?p=8), 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 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/16/1802.md?p=8) and the [Secretary](/usc/16/1802.md?p=39) for approval based on criteria developed by the [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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 on harvesters, captains, crew, processors, and other businesses substantially dependent upon the [fishery](/usc/16/1802.md?p=13) in the region 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 to harvest [fish](/usc/16/1802.md?p=12) a [Council](/usc/16/1802.md?p=8) 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 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 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/16/1802.md?p=8).
  - (6) **Program initiation—**
    - (A) **Limitation—** Except as provided in [subparagraph (D)](#c-6-D), a [Council](/usc/16/1802.md?p=8) may initiate a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) or amendment to establish a [limited access privilege](/usc/16/1802.md?p=26) program 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 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/16/1802.md?p=8) or [Councils](/usc/16/1802.md?p=8) with authority over the [fishery](/usc/16/1802.md?p=13) be authorized to initiate the development of the program. 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 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 shall be eligible to sign a petition for such a program 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/16/1802.md?p=8) or [Councils](/usc/16/1802.md?p=8).
    - (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/16/1802.md?p=8) 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/16/544.md?p=k) or amendment that creates an [individual fishing quota](/usc/16/1802.md?p=23) program, including a Secretarial plan, unless such a system, 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/16/1802.md?p=8), and by a majority of those voting in the referendum among eligible permit holders with respect to the Gulf [Council](/usc/16/1802.md?p=8). 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](/usc/16/1802.md?p=23) program shall be eligible to vote in such a referendum. If an [individual fishing quota](/usc/16/1802.md?p=23) program 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](/usc/16/1802.md?p=23) program. 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](/usc/16/1802.md?p=23) program for the Gulf of Mexico commercial red snapper [fishery](/usc/16/1802.md?p=13).
      - (iv) [Chapter 35](/usc/44/chch35.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 are eligible to vote in the referendum.
      - (vi) In this subparagraph, the term “[individual fishing quota](/usc/16/1802.md?p=23)” does not include a sector allocation.
  - (7) **Transferability—** In establishing a [limited access privilege](/usc/16/1802.md?p=26) program, a [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) 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, a [Council](/usc/16/1802.md?p=8) shall consider, and may provide, if appropriate, an auction system or other program to collect royalties for the initial, or any subsequent, distribution of allocations in a [limited access privilege](/usc/16/1802.md?p=26) program if—
  - (1) the system or program is administered in such a way that the resulting distribution of [limited access privilege](/usc/16/1802.md?p=26) shares meets the program requirements of this section; and
  - (2) revenues generated through such a royalty program are deposited in the [Limited Access System](/usc/16/1802.md?p=27) Administration Fund 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, a [Council](/usc/16/1802.md?p=8) shall—
  - (1) develop a methodology and the means to identify and assess the management, data collection and analysis, and enforcement programs that are directly related to and in support of the program; and
  - (2) provide, under [section 1854(d)(2) of this title](/usc/16/1854.md?p=d-2), for a program 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 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 under a mechanism established by the [Council](/usc/16/1802.md?p=8) 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/16/1802.md?p=8) may submit, and the [Secretary](/usc/16/1802.md?p=39) may approve and implement, a program 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/16/1802.md?p=8) making a submission under [paragraph (1)](#g-1) shall recommend criteria, consistent with the provisions of this chapter, 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 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, or other quota programs, including sector allocation in effect before January 12, 2007.
- (i) **Transition rules—** The requirements of this section shall not apply to any quota program, including any individual quota program, cooperative program, or sector allocation for which a [Council](/usc/16/1802.md?p=8) has taken final action or which has been submitted by a [Council](/usc/16/1802.md?p=8) 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;
  - (2) the program shall be subject to review under [subsection (c)(1)(G)](#c-1-G) of this section not later than 5 years after the program implementation; and
  - (3) nothing in this subsection precludes a [Council](/usc/16/1802.md?p=8) from incorporating criteria contained in this section into any such plans.

## Footnotes

[^1]: So in original. Probably should be “its”.

## Source credit

(Pub. L. 94–265, title III, § 303A, as added Pub. L. 109–479, title I, § 106(a)(2), Jan. 12, 2007, 120 Stat. 3586; amended Pub. L. 110–161, div. B, title V, § 529, Dec. 26, 2007, 121 Stat. 1930.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (b), (c)(1)(G), (9), (g)(2), and (h), 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.

The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, referred to in subsec. (h), is Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3575. Section 302(f) of the Act (120 Stat. 3624) is not classified to the Code. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 1801 of this title and Tables.

### Amendments

2007—Subsec. (c)(4)(A)(iii). Pub. L. 110–161, § 529(1), substituted “association, among willing parties” for “association”.

Subsec. (i). Pub. L. 110–161, § 529(2)–(4), struck out designation and heading of par. (1), redesignated subpars. (A) to (C) of former par. (1) as pars. (1) to (3), respectively, realigned margins, and struck out heading and text of former par. (2). Text of former par. (2) read as follows: “The requirements of this section, other than subparagraphs (A) and (B) of subsection (c)(1) and subparagraphs (A), (B), and (C) of paragraph (1) of this subsection, shall not apply to any proposal authorized under section 302(f) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 that is submitted within the timeframe prescribed by that section.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 2007 Amendment

Pub. L. 110–161, div. B, title V, § 529, Dec. 26, 2007, 121 Stat. 1930, provided that the amendment made by section 529 is effective Jan. 13, 2007.

### Application With American Fisheries Act

Pub. L. 109–479, title I, § 106(e), Jan. 12, 2007, 120 Stat. 3594, provided that: “Nothing in section 303A of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) [16 U.S.C. 1853a], as added by subsection (a), shall be construed to modify or supersede any provision of the American Fisheries Act [title II of div. C of Pub. L. 105–277, see Tables for classification] ([former] 46 U.S.C. 12102 note [see 46 U.S.C. 12113(e), (f), (h), (i)]; 16 U.S.C. 1851 note; et alia).”