---
kind: "section"
citation: "16 U.S.C. § 1854"
title: "16"
title_heading: "Conservation"
number: "1854"
heading: "Action by Secretary"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1854"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter IV — National Fishery Management Program"
---

# §1854. Action by Secretary

- (a) **Review of plans—**
  - (1) Upon transmittal by the [Council](/usc/16/1802.md?p=8) to the [Secretary](/usc/16/1802.md?p=39) of a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) or plan amendment, the [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) immediately commence a review of the plan or amendment to determine whether it is consistent with the [national standards](/usc/16/1802.md?p=30), the other provisions of this chapter, and any other applicable law; and
    - (B) immediately publish in the Federal Register a notice stating that the plan or amendment is available and that written information, views, or comments of interested [persons](/usc/16/1802.md?p=36) on the plan or amendment may be submitted to the [Secretary](/usc/16/1802.md?p=39) during the 60-day period beginning on the date the notice is published.
  - (2) In undertaking the review required under [paragraph (1)](#a-1), the [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) [take](/usc/16/3102.md?p=18) into account the information, views, and comments received from interested [persons](/usc/16/1802.md?p=36);
    - (B) consult with the Secretary of State with respect to [foreign fishing](/usc/16/1802.md?p=19); and
    - (C) consult with the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating with respect to enforcement at sea and to [fishery](/usc/16/1802.md?p=13) access adjustments referred to in [section 1853(a)(6) of this title](/usc/16/1853.md?p=a-6).
  - (3) The [Secretary](/usc/16/1802.md?p=39) shall approve, disapprove, or partially approve a plan or amendment within 30 days of the end of the comment period under [paragraph (1)](#a-1) by written notice to the [Council](/usc/16/1802.md?p=8). A notice of disapproval or partial approval shall specify—
    - (A) the applicable law with which the plan or amendment is inconsistent;
    - (B) the nature of such inconsistencies; and
    - (C) recommendations concerning the actions that could be taken by the [Council](/usc/16/1802.md?p=8) to conform such plan or amendment to the requirements of applicable law.

    If the [Secretary](/usc/16/1802.md?p=39) does not notify a [Council](/usc/16/1802.md?p=8) within 30 days of the end of the comment period of the approval, disapproval, or partial approval of a plan or amendment, then such plan or amendment shall [take](/usc/16/3102.md?p=18) effect as if approved.

  - (4) If the [Secretary](/usc/16/1802.md?p=39) disapproves or partially approves a plan or amendment, the [Council](/usc/16/1802.md?p=8) may submit a revised plan or amendment to the [Secretary](/usc/16/1802.md?p=39) for review under this subsection.
  - (5) For purposes of this subsection and [subsection (b)](#b), the term “immediately” means on or before the 5th day after the day on which a [Council](/usc/16/1802.md?p=8) transmits to the [Secretary](/usc/16/1802.md?p=39) a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), plan amendment, or proposed regulation that the [Council](/usc/16/1802.md?p=8) characterizes as final.
- (b) **Review of regulations—**
  - (1) Upon transmittal by the [Council](/usc/16/1802.md?p=8) to the [Secretary](/usc/16/1802.md?p=39) of proposed regulations prepared under [section 1853(c) of this title](/usc/16/1853.md?p=c), the [Secretary](/usc/16/1802.md?p=39) shall immediately initiate an evaluation of the proposed regulations to determine whether they are consistent with the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), plan amendment, this chapter and other applicable law. Within 15 days of initiating such evaluation the [Secretary](/usc/16/1802.md?p=39) shall make a determination and—
    - (A) if that determination is affirmative, the [Secretary](/usc/16/1802.md?p=39) shall publish such regulations in the Federal Register, with such technical changes as may be necessary for clarity and an explanation of those changes, for a public comment period of 15 to 60 days; or
    - (B) if that determination is negative, the [Secretary](/usc/16/1802.md?p=39) shall notify the [Council](/usc/16/1802.md?p=8) in writing of the inconsistencies and provide recommendations on revisions that would make the proposed regulations consistent with the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), plan amendment, this chapter, and other applicable law.
  - (2) Upon receiving a notification under [paragraph (1)(B)](#b-1-B), the [Council](/usc/16/1802.md?p=8) may revise the proposed regulations and submit them to the [Secretary](/usc/16/1802.md?p=39) for reevaluation under [paragraph (1)](#b-1).
  - (3) The [Secretary](/usc/16/1802.md?p=39) shall promulgate final regulations within 30 days after the end of the comment period under [paragraph (1)(A)](#b-1-A). The [Secretary](/usc/16/1802.md?p=39) shall consult with the [Council](/usc/16/1802.md?p=8) before making any revisions to the proposed regulations, and must publish in the Federal Register an explanation of any differences between the proposed and final regulations.
- (c) **Preparation and review of Secretarial plans—**
  - (1) The [Secretary](/usc/16/1802.md?p=39) may prepare a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), with respect to any [fishery](/usc/16/1802.md?p=13), or any amendment to any such plan, in accordance with the [national standards](/usc/16/1802.md?p=30), the other provisions of this chapter, and any other applicable law, if—
    - (A) the appropriate [Council](/usc/16/1802.md?p=8) fails to develop and submit to the [Secretary](/usc/16/1802.md?p=39), after a reasonable period of time, a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) for such [fishery](/usc/16/1802.md?p=13), or any necessary amendment to such a plan, if such [fishery](/usc/16/1802.md?p=13) requires [conservation and management](/usc/16/1802.md?p=5);
    - (B) the [Secretary](/usc/16/1802.md?p=39) disapproves or partially disapproves any such plan or amendment, or disapproves a revised plan or amendment, and the [Council](/usc/16/1802.md?p=8) involved fails to submit a revised or further revised plan or amendment; or
    - (C) the [Secretary](/usc/16/1802.md?p=39) is given authority to prepare such plan or amendment under this section.
  - (2) In preparing any plan or amendment under this subsection, the [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) conduct public hearings, at appropriate times and locations in the geographical [areas](/usc/16/539m–1.md?p=1-A) concerned, so as to allow interested [persons](/usc/16/1802.md?p=36) an opportunity to be heard in the preparation and amendment of the plan and any regulations implementing the plan; and
    - (B) consult with the Secretary of State with respect to [foreign fishing](/usc/16/1802.md?p=19) and with the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating with respect to enforcement at sea.
  - (3) Notwithstanding [paragraph (1)](#c-1) for a [fishery](/usc/16/1802.md?p=13) under the authority of a [Council](/usc/16/1802.md?p=8), the [Secretary](/usc/16/1802.md?p=39) may not include in any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), or any amendment to any such plan, prepared by him, a provision establishing a [limited access system](/usc/16/1802.md?p=27), including any [limited access privilege](/usc/16/1802.md?p=26) program, unless such system is first approved by a majority of the voting members, present and voting, of each appropriate [Council](/usc/16/1802.md?p=8).
  - (4) Whenever the [Secretary](/usc/16/1802.md?p=39) prepares a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) or plan amendment under this section, the [Secretary](/usc/16/1802.md?p=39) shall immediately—
    - (A) for a plan or amendment for a [fishery](/usc/16/1802.md?p=13) under the authority of a [Council](/usc/16/1802.md?p=8), submit such plan or amendment to the appropriate [Council](/usc/16/1802.md?p=8) for consideration and comment; and
    - (B) publish in the Federal Register a notice stating that the plan or amendment is available and that written information, views, or comments of interested [persons](/usc/16/1802.md?p=36) on the plan or amendment may be submitted to the [Secretary](/usc/16/1802.md?p=39) during the 60-day period beginning on the date the notice is published.
  - (5) Whenever a plan or amendment is submitted under [paragraph (4)(A)](#c-4-A), the appropriate [Council](/usc/16/1802.md?p=8) must submit its comments and recommendations, if any, regarding the plan or amendment to the [Secretary](/usc/16/1802.md?p=39) before the close of the 60-day period referred to in [paragraph (4)(B)](#c-4-B). After the close of such 60-day period, the [Secretary](/usc/16/1802.md?p=39), after [taking](/usc/16/3102.md?p=18) into account any such comments and recommendations, as well as any views, information, or comments submitted under [paragraph (4)(B)](#c-4-B), may adopt such plan or amendment.
  - (6) The [Secretary](/usc/16/1802.md?p=39) may propose regulations in the Federal Register to implement any plan or amendment prepared by the [Secretary](/usc/16/1802.md?p=39). In the case of a plan or amendment to which [paragraph (4)(A)](#c-4-A) applies, such regulations shall be submitted to the [Council](/usc/16/1802.md?p=8) with such plan or amendment. The comment period on proposed regulations shall be 60 days, except that the [Secretary](/usc/16/1802.md?p=39) may shorten the comment period on minor revisions to existing regulations.
  - (7) The [Secretary](/usc/16/1802.md?p=39) shall promulgate final regulations within 30 days after the end of the comment period under [paragraph (6)](#c-6). The [Secretary](/usc/16/1802.md?p=39) must publish in the Federal Register an explanation of any substantive differences between the proposed and final rules. All final regulations must be consistent with the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), with the [national standards](/usc/16/1802.md?p=30) and other provisions of this chapter, and with any other applicable law.
- (d) **Establishment of fees—**
  - (1) The [Secretary](/usc/16/1802.md?p=39) shall by regulation establish the level of any fees which are authorized to be charged pursuant to [section 1853(b)(1) of this title](/usc/16/1853.md?p=b-1). The [Secretary](/usc/16/1802.md?p=39) may enter into a cooperative agreement with the [States](/usc/16/544.md?p=r) concerned under which the [States](/usc/16/544.md?p=r) administer the permit system and the agreement may provide that all or part of the fees collected under the system shall accrue to the [States](/usc/16/544.md?p=r). The level of fees charged under this subsection shall not exceed the administrative costs incurred in issuing the permits.
  - (2)
    - (A) Notwithstanding [paragraph (1)](#d-1), the [Secretary](/usc/16/1802.md?p=39) is authorized and shall collect a fee to recover the actual costs directly related to the management, data collection, and enforcement of any—
      - (i) [limited access privilege](/usc/16/1802.md?p=26) program; and
      - (ii) community development quota program that allocates a percentage of the total allowable catch of a [fishery](/usc/16/1802.md?p=13) to such program.
    - (B) Such fee shall not exceed 3 percent of the ex-vessel value of [fish](/usc/16/1802.md?p=12) harvested under any such program, and shall be collected at either the time of the landing, filing of a landing report, or sale of such [fish](/usc/16/1802.md?p=12) during a [fishing](/usc/16/1802.md?p=16) season or in the last quarter of the calendar year in which the [fish](/usc/16/1802.md?p=12) is harvested.
    - (C)
      - (i) Fees collected under this paragraph shall be in [addition](/usc/16/410r–5.md?p=c-2) to any other fees charged under this chapter and shall be deposited in the [Limited Access System](/usc/16/1802.md?p=27) Administration Fund established under [section 1855(h)(5)(B) of this title](/usc/16/1855.md?p=h-5-B).
      - (ii) Upon application by a [State](/usc/16/1802.md?p=40), the [Secretary](/usc/16/1802.md?p=39) shall transfer to such [State](/usc/16/1802.md?p=40) up to 33 percent of any fee collected pursuant to [subparagraph (A)](#d-2-A) under a community development quota program and deposited in the [Limited Access System](/usc/16/1802.md?p=27) Administration Fund in order to reimburse such [State](/usc/16/1802.md?p=40) for actual costs directly incurred in the management and enforcement of such program.
- (e) **Rebuilding overfished fisheries—**
  - (1) The [Secretary](/usc/16/1802.md?p=39) shall report annually to the Congress and the [Councils](/usc/16/1802.md?p=8) on the status of [fisheries](/usc/16/1802.md?p=13) within each [Council](/usc/16/1802.md?p=8)’s geographical [area](/usc/16/539m–1.md?p=1-A) of authority and identify those [fisheries](/usc/16/1802.md?p=13) that are [overfished](/usc/16/1802.md?p=34) or are approaching a condition of being [overfished](/usc/16/1802.md?p=34). For those [fisheries](/usc/16/1802.md?p=13) managed under a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) or international agreement, the status shall be determined using the criteria for [overfishing](/usc/16/1802.md?p=34) specified in such plan or agreement. A [fishery](/usc/16/1802.md?p=13) shall be classified as approaching a condition of being [overfished](/usc/16/1802.md?p=34) if, based on trends in [fishing](/usc/16/1802.md?p=16) effort, [fishery resource](/usc/16/1802.md?p=15) size, and other appropriate factors, the [Secretary](/usc/16/1802.md?p=39) estimates that the [fishery](/usc/16/1802.md?p=13) will become [overfished](/usc/16/1802.md?p=34) within two years.
  - (2) If the [Secretary](/usc/16/1802.md?p=39) determines at any time that a [fishery](/usc/16/1802.md?p=13) is [overfished](/usc/16/1802.md?p=34), the [Secretary](/usc/16/1802.md?p=39) shall immediately notify the appropriate [Council](/usc/16/1802.md?p=8) and request that action be taken to end [overfishing](/usc/16/1802.md?p=34) in the [fishery](/usc/16/1802.md?p=13) and to implement [conservation and management](/usc/16/1802.md?p=5) measures to rebuild affected stocks of [fish](/usc/16/1802.md?p=12). The [Secretary](/usc/16/1802.md?p=39) shall publish each notice under this paragraph in the Federal Register.
  - (3) Within 2 years after an identification under [paragraph (1)](#e-1) or notification under paragraphs [(2)](#e-2) or [(7)](#e-7), the appropriate [Council](/usc/16/1802.md?p=8) (or the [Secretary](/usc/16/1802.md?p=39), for [fisheries](/usc/16/1802.md?p=13) under [section 1852(a)(3) of this title](/usc/16/1852.md?p=a-3)) shall prepare and implement a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), plan amendment, or proposed regulations for the [fishery](/usc/16/1802.md?p=13) to which the identification or notice applies—
    - (A) to end [overfishing](/usc/16/1802.md?p=34) immediately in the [fishery](/usc/16/1802.md?p=13) and to rebuild affected stocks of [fish](/usc/16/1802.md?p=12); or
    - (B) to prevent [overfishing](/usc/16/1802.md?p=34) from occurring in the [fishery](/usc/16/1802.md?p=13) whenever such [fishery](/usc/16/1802.md?p=13) is identified as approaching an [overfished](/usc/16/1802.md?p=34) condition.
  - (4) For a [fishery](/usc/16/1802.md?p=13) that is [overfished](/usc/16/1802.md?p=34), any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), amendment, or proposed regulations prepared pursuant to [paragraph (3)](#e-3) or [paragraph (5)](#e-5) for such [fishery](/usc/16/1802.md?p=13) shall—
    - (A) specify a time period for rebuilding the [fishery](/usc/16/1802.md?p=13) that shall—
      - (i) be as short as possible, [taking](/usc/16/3102.md?p=18) into account the status and biology of any [overfished](/usc/16/1802.md?p=34) stocks of [fish](/usc/16/1802.md?p=12), the needs of [fishing communities](/usc/16/1802.md?p=17), recommendations by international organizations in which the [United States](/usc/16/1802.md?p=45) participates, and the interaction of the [overfished](/usc/16/1802.md?p=34) [stock of fish](/usc/16/1802.md?p=42) within the marine ecosystem; and
      - (ii) not exceed 10 years, except in cases where the biology of the [stock of fish](/usc/16/1802.md?p=42), other environmental conditions, or management measures under an international agreement in which the [United States](/usc/16/1802.md?p=45) participates dictate otherwise;
    - (B) allocate both [overfishing](/usc/16/1802.md?p=34) restrictions and recovery benefits fairly and equitably among sectors of the [fishery](/usc/16/1802.md?p=13); and
    - (C) for [fisheries](/usc/16/1802.md?p=13) managed under an international agreement, reflect traditional participation in the [fishery](/usc/16/1802.md?p=13), relative to other nations, by fishermen of the [United States](/usc/16/1802.md?p=45).
  - (5) If, within the 2-year period beginning on the date of identification or notification that a [fishery](/usc/16/1802.md?p=13) is [overfished](/usc/16/1802.md?p=34), the [Council](/usc/16/1802.md?p=8) does not submit to the [Secretary](/usc/16/1802.md?p=39) a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), plan amendment, or proposed regulations required by [paragraph (3)(A)](#e-3-A), the [Secretary](/usc/16/1802.md?p=39) shall prepare a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) or plan amendment and any accompanying regulations to stop [overfishing](/usc/16/1802.md?p=34) and rebuild affected stocks of [fish](/usc/16/1802.md?p=12) within 9 months under [subsection (c)](#c).
  - (6) During the development of a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), a plan amendment, or proposed regulations required by this subsection, the [Council](/usc/16/1802.md?p=8) may request the [Secretary](/usc/16/1802.md?p=39) to implement interim measures to reduce [overfishing](/usc/16/1802.md?p=34) under [section 1855(c) of this title](/usc/16/1855.md?p=c) until such measures can be replaced by such plan, amendment, or regulations. Such measures, if otherwise in compliance with the provisions of this chapter, may be implemented even though they are not sufficient by themselves to stop [overfishing](/usc/16/1802.md?p=34) of a [fishery](/usc/16/1802.md?p=13).
  - (7) The [Secretary](/usc/16/1802.md?p=39) shall review any [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), plan amendment, or regulations required by this subsection at routine intervals that may not exceed two years. If the [Secretary](/usc/16/1802.md?p=39) finds as a result of the review that such plan, amendment, or regulations have not resulted in adequate progress toward ending [overfishing](/usc/16/1802.md?p=34) and rebuilding affected [fish](/usc/16/1802.md?p=12) stocks, the [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) in the case of a [fishery](/usc/16/1802.md?p=13) to which [section 1852(a)(3) of this title](/usc/16/1852.md?p=a-3) applies, immediately make revisions necessary to achieve adequate progress; or
    - (B) for all other [fisheries](/usc/16/1802.md?p=13), immediately notify the appropriate [Council](/usc/16/1802.md?p=8). Such notification shall recommend further [conservation and management](/usc/16/1802.md?p=5) measures which the [Council](/usc/16/1802.md?p=8) should consider under [paragraph (3)](#e-3) to achieve adequate progress.
- (f) **Fisheries under authority of more than one Council—**
  - (1) Except as provided in paragraph (3),[^1] if any [fishery](/usc/16/1802.md?p=13) extends beyond the geographical [area](/usc/16/539m–1.md?p=1-A) of authority of any one [Council](/usc/16/1802.md?p=8), the [Secretary](/usc/16/1802.md?p=39) may—
    - (A) designate which [Council](/usc/16/1802.md?p=8) shall prepare the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) for such [fishery](/usc/16/1802.md?p=13) and any amendment to such plan; or
    - (B) may require that the plan and amendment be prepared jointly by the [Councils](/usc/16/1802.md?p=8) concerned.

    No jointly prepared plan or amendment may be submitted to the [Secretary](/usc/16/1802.md?p=39) unless it is approved by a majority of the voting members, present and voting, of each [Council](/usc/16/1802.md?p=8) concerned.

  - (2) The [Secretary](/usc/16/1802.md?p=39) shall establish the boundaries between the geographical [areas](/usc/16/539m–1.md?p=1-A) of authority of adjacent [Councils](/usc/16/1802.md?p=8).
- (g) **Atlantic highly migratory species—**
  - (1) **Preparation and implementation of plan or plan amendment—** The [Secretary](/usc/16/1802.md?p=39) shall prepare a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) or plan amendment under [subsection (c)](#c) with respect to any [highly migratory species](/usc/16/1802.md?p=21) [fishery](/usc/16/1802.md?p=13) to which [section 1852(a)(3) of this title](/usc/16/1852.md?p=a-3) applies. In preparing and implementing any such plan or amendment, the [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) consult with and consider the comments and views of affected [Councils](/usc/16/1802.md?p=8), commissioners and advisory groups appointed under Acts implementing relevant [international fishery agreements](/usc/16/1802.md?p=24) pertaining to [highly migratory species](/usc/16/1802.md?p=21), and the advisory panel established under [section 1852(g) of this title](/usc/16/1852.md?p=g);
    - (B) establish an advisory panel under [section 1852(g) of this title](/usc/16/1852.md?p=g) for each [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) to be prepared under this paragraph;
    - (C) evaluate the likely effects, if any, of [conservation and management](/usc/16/1802.md?p=5) measures on participants in the affected [fisheries](/usc/16/1802.md?p=13) and minimize, to the extent practicable, any disadvantage to [United States](/usc/16/1802.md?p=45) fishermen in relation to foreign competitors;
    - (D) with respect to a [highly migratory species](/usc/16/1802.md?p=21) for which the [United States](/usc/16/1802.md?p=45) is authorized to harvest an allocation, quota, or at a [fishing](/usc/16/1802.md?p=16) mortality level under a relevant [international fishery agreement](/usc/16/1802.md?p=24), provide [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) with a reasonable opportunity to harvest such allocation, quota, or at such [fishing](/usc/16/1802.md?p=16) mortality level;
    - (E) review, on a continuing basis (and promptly whenever a recommendation pertaining to [fishing](/usc/16/1802.md?p=16) for [highly migratory species](/usc/16/1802.md?p=21) has been made under a relevant [international fishery agreement](/usc/16/1802.md?p=24)), and revise as appropriate, the [conservation and management](/usc/16/1802.md?p=5) measures included in the plan;
    - (F) diligently pursue, through international entities (such as the International [Commission](/usc/16/544.md?p=c) for the Conservation of Atlantic Tunas), comparable international [fishery](/usc/16/1802.md?p=13) management measures with respect to [fishing](/usc/16/1802.md?p=16) for [highly migratory species](/usc/16/1802.md?p=21); and
    - (G) ensure that [conservation and management](/usc/16/1802.md?p=5) measures under this subsection—
      - (i) promote international conservation of the affected [fishery](/usc/16/1802.md?p=13);
      - (ii) [take](/usc/16/3102.md?p=18) into consideration traditional [fishing](/usc/16/1802.md?p=16) patterns of [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) and the operating requirements of the [fisheries](/usc/16/1802.md?p=13);
      - (iii) are fair and equitable in allocating [fishing](/usc/16/1802.md?p=16) privileges among [United States](/usc/16/1802.md?p=45) fishermen and do not have economic allocation as the sole purpose; and
      - (iv) promote, to the extent practicable, implementation of scientific research programs that include the tagging and release of Atlantic [highly migratory species](/usc/16/1802.md?p=21).
  - (2) **Certain fish excluded from “bycatch” definition—** Notwithstanding [section 1802(2) of this title](/usc/16/1802.md?p=2), [fish](/usc/16/1802.md?p=12) harvested in a commercial [fishery](/usc/16/1802.md?p=13) managed by the [Secretary](/usc/16/1802.md?p=39) under this subsection or the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 971d](/usc/16/971d.md)), or [highly migratory species](/usc/16/1802.md?p=21) harvested in a commercial [fishery](/usc/16/1802.md?p=13) managed by a [Council](/usc/16/1802.md?p=8) under this chapter or the Western and Central Pacific [Fisheries](/usc/16/1802.md?p=13) Convention Implementation Act [[16 U.S.C. 6901](/usc/16/6901.md) et seq.], that are not [regulatory discards](/usc/16/1802.md?p=38) and that are tagged and released alive under a scientific tagging and release program established by the [Secretary](/usc/16/1802.md?p=39) shall not be considered [bycatch](/usc/16/1802.md?p=2) for purposes of this chapter.
- (h) **Repeal or revocation of a fishery management plan—** The [Secretary](/usc/16/1802.md?p=39) may repeal or revoke a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) for a [fishery](/usc/16/1802.md?p=13) under the authority of a [Council](/usc/16/1802.md?p=8) only if the [Council](/usc/16/1802.md?p=8) approves the repeal or revocation by a three-quarters majority of the voting members of the [Council](/usc/16/1802.md?p=8).
- (i) **2 Environmental review process—**
  - (1) **Procedures—** The [Secretary](/usc/16/1802.md?p=39) shall, in consultation with the [Councils](/usc/16/1802.md?p=8) and the [Council](/usc/16/1802.md?p=8) on Environmental Quality, revise and update agency procedures for compliance with the National Environmental Policy Act ([42 U.S.C. 4231](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s4231)) et seq.). The procedures shall—
    - (A) conform to the time lines for review and approval of [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/544.md?p=k) and plan amendments under this section; and
    - (B) integrate applicable environmental analytical procedures, including the time frames for public input, with the procedure for the preparation and dissemination of [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/544.md?p=k), plan amendments, and other actions taken or approved pursuant to this chapter in order to provide for timely, clear and concise analysis that is useful to decision makers and the public, reduce extraneous paperwork, and effectively involve the public.
  - (2) **Usage—** The updated agency procedures promulgated in accordance with this section used by the [Councils](/usc/16/1802.md?p=8) or the [Secretary](/usc/16/1802.md?p=39) shall be the sole environmental impact assessment procedure for [fishery](/usc/16/1802.md?p=13) [management plans](/usc/16/544.md?p=k), amendments, regulations, or other actions taken or approved pursuant to this chapter.
  - (3) **Schedule for promulgation of final procedures—** The [Secretary](/usc/16/1802.md?p=39) shall—
    - (A) propose revised procedures within 6 months after January 12, 2007;
    - (B) provide 90 days for public review and comments; and
    - (C) promulgate final procedures no later than 12 months after January 12, 2007.
  - (4) **Public participation—** The [Secretary](/usc/16/1802.md?p=39) is authorized and directed, in cooperation with the [Council](/usc/16/1802.md?p=8) on Environmental Quality and the [Councils](/usc/16/1802.md?p=8), to involve the affected public in the development of revised procedures, including workshops or other appropriate means of public involvement.
- (i) **2 International overfishing—** The provisions of this subsection shall apply in lieu of [subsection (e)](#e) to a [fishery](/usc/16/1802.md?p=13) that the [Secretary](/usc/16/1802.md?p=39) determines is [overfished](/usc/16/1802.md?p=34) or approaching a condition of being [overfished](/usc/16/1802.md?p=34) due to excessive international [fishing](/usc/16/1802.md?p=16) pressure, and for which there are no management measures to end [overfishing](/usc/16/1802.md?p=34) under an international agreement to which the [United States](/usc/16/1802.md?p=45) is a party. For such [fisheries](/usc/16/1802.md?p=13)—
  - (1) the [Secretary](/usc/16/1802.md?p=39), in cooperation with the Secretary of State,[^3] immediately [take](/usc/16/3102.md?p=18) appropriate action at the international level to end the [overfishing](/usc/16/1802.md?p=34); and
  - (2) within 1 year after the [Secretary](/usc/16/1802.md?p=39)’s determination, the appropriate [Council](/usc/16/1802.md?p=8), or [Secretary](/usc/16/1802.md?p=39), for [fisheries](/usc/16/1802.md?p=13) under [section 1852(a)(3) of this title](/usc/16/1852.md?p=a-3) shall—
    - (A) develop recommendations for domestic regulations to address the relative impact of [fishing vessels](/usc/16/1802.md?p=18) of the [United States](/usc/16/1802.md?p=45) on the stock and, if developed by a [Council](/usc/16/1802.md?p=8), the [Council](/usc/16/1802.md?p=8) shall submit such recommendations to the [Secretary](/usc/16/1802.md?p=39); and
    - (B) develop and submit recommendations to the Secretary of State, and to the Congress, for international actions that will end [overfishing](/usc/16/1802.md?p=34) in the [fishery](/usc/16/1802.md?p=13) and rebuild the affected stocks, [taking](/usc/16/3102.md?p=18) into account the relative impact of vessels of other nations and vessels of the [United States](/usc/16/1802.md?p=45) on the relevant stock.

## Footnotes

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

## Source credit

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

## Notes

### Editorial Notes

### References in Text

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

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

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

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

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

### Amendments

2007—Subsec. (c)(3). Pub. L. 109–479, § 3(d)(2)(A), substituted “limited access privilege” for “individual fishing quota”.

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

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

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

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

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

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

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

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

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

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

1996—Subsecs. (a), (b). Pub. L. 104–297, § 109(a), added subsecs. (a) and (b) and struck out former subsecs. (a) which related to actions by Secretary after receipt of a fishery management plan or amendment to a plan and (b) which related to implementation of approved plans and amendments and submission and review of revised plans and amendments.

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

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

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

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

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

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

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

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

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

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

1993—Subsec. (g)(6)(B). Pub. L. 103–206 substituted “April 1, 1994” for “January 1, 1994”.

1992—Subsec. (e)(1). Pub. L. 102–567 added par. (1). Former par. (1) redesignated (2).

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

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

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

1990—Subsec. (b)(1), (3)(D). Pub. L. 101–627, § 111(a)(2)(A), (B), substituted “section 1855(a)” for “section 1855(c)”.

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

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

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

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

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

1986—Subsec. (a)(1). Pub. L. 99–659, § 106(1)(A), struck out “(the date of receipt of which is hereafter in this section referred to as the ‘receipt date’)” after “by a Council” in introductory provisions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1983—Subsec. (a). Pub. L. 97–453, § 7(a)(1), amended subsec. (a) generally, which had provided that within 60 days after the Secretary received any fishery management plan, or any amendment to any such plan, which was prepared by any Council, the Secretary was to review such plan or amendment pursuant to subsection (b) of this section, notify such Council in writing of his approval, disapproval, or partial disapproval of such plan or amendment, and that in the case of disapproval or partial disapproval, the Secretary was to include in such notification a statement and explanation of the Secretary’s objections and the reasons therefor, suggestions for improvement, a request to such Council to change such plan or amendment to satisfy the objections, and a request to resubmit the plan or amendment, as so modified, to the Secretary within 45 days after the date on which the Council received such notification.

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

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

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

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

### Statutory Notes and Related Subsidiaries

### Effective Date of 2007 Amendment

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

### Effective Date of 1983 Amendment

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

### Transfer of Functions

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

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

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

### International Fisheries Agreement

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

“This title may be cited as the ‘International Fisheries Agreement Clarification Act’.

INTERNATIONAL FISHERY AGREEMENT.“Consistent with the intent of provisions of the Magnuson-Stevens Fishery and Conservation and Management Act [Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.] relating to international agreements, the Secretary of Commerce and the New England Fishery Management Council may, for the purpose of rebuilding those portions of fish stocks covered by the United States-Canada Transboundary Resource Sharing Understanding on the date of enactment of this Act [Jan. 4, 2011]— take into account the Understanding and decisions made under that Understanding in the application of section 304(e)(4)(A)(i) of the Act (16 U.S.C. 1854(e)(4)(A)(i)); consider decisions made under that Understanding as ‘management measures under an international agreement’ that ‘dictate otherwise’ for purposes of section 304(e)(4)(A)(ii) of the Act (16 U.S.C. 1854(e)(4)(A)(ii)[)]; and establish catch levels for those portions of fish stocks within their respective geographic areas covered by the Understanding on the date of enactment of this Act that exceed the catch levels otherwise required under the Northeast Multispecies Fishery Management Plan if— overfishing is ended immediately; the fishing mortality level ensures rebuilding within a time period for rebuilding specified taking into account the Understanding pursuant to paragraphs (1) and (2) of this subsection; and such catch levels are consistent with that Understanding. APPLICATION WITH OTHER LAWS.

“Nothing in this title shall be construed to amend the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 [1801] et seq.) or to limit or otherwise alter the authority of the Secretary of Commerce under that Act concerning other species.

EFFECTIVE DATE. In General.—Except as provided in subsection (b), section 202 shall apply with respect to fishing years beginning after April 30, 2010. Special Rule.—Section 202(3)(B) shall only apply with respect to fishing years beginning after April 30, 2012.”

### Delay of Collection of Fees in Quahog and Wreckfish Fisheries

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

### Comprehensive Management System for Atlantic Pelagic Longline Fishery

Pub. L. 104–297, title I, § 109(h), Oct. 11, 1996, 110 Stat. 3586, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that: The Secretary of Commerce shall— establish an advisory panel under section 302(g)(4) of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1852(g)(4)], as amended by this Act, for pelagic longline fishing vessels that participate in fisheries for Atlantic highly migratory species; conduct surveys and workshops with affected fishery participants to provide information and identify options for future management programs; to the extent practicable and necessary for the evaluation of options for a comprehensive management system, recover vessel production records; and complete by January 1, 1998, a comprehensive study on the feasibility of implementing a comprehensive management system for pelagic longline fishing vessels that participate in fisheries for Atlantic highly migratory species, including, but not limited to, individual fishing quota programs and other limited access systems. Based on the study under paragraph (1)(D) and consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), in cooperation with affected participants in the fishery, the United States Commissioners on the International Commission for the Conservation of Atlantic Tunas, and the advisory panel established under paragraph (1)(A), the Secretary of Commerce may, after October 1, 1998, implement a comprehensive management system pursuant to section 304 of such Act (16 U.S.C. 1854) for pelagic longline fishing vessels that participate in fisheries for Atlantic highly migratory species. Such a system may not implement an individual fishing quota program until after October 1, 2000.”

### Inapplicability of Subsection (h) to American Lobster Fishery Management Plan

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

### Interim Management of Highly Migratory Species Fisheries

Pub. L. 101–627, title I, § 108(k), Nov. 28, 1990, 104 Stat. 4447, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that: “Notwithstanding the amendments made by subsections (a) and (g) [amending section 1852 of this title], any fishery management plan or amendment which— addresses a highly migratory species fishery to which section 304(f)(3) of the Magnuson-Stevens Fishery Conservation and Management Act [former 16 U.S.C. 1854(f)(3)] (as amended by this Act) applies, was prepared by one or more Regional Fishery Management Councils, and was in force and effect on January 1, 1990,shall remain in force and effect until superseded by a fishery management plan prepared by the Secretary, and regulations implementing that plan.”