---
kind: "section"
citation: "16 U.S.C. § 1856"
title: "16"
title_heading: "Conservation"
number: "1856"
heading: "State jurisdiction"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1856"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter IV — National Fishery Management Program"
---

# §1856. State jurisdiction

- (a) **In general—**
  - (1) Except as provided in [subsection (b)](#b), nothing in this chapter shall be construed as extending or diminishing the jurisdiction or authority of any [State](/usc/16/1802.md?p=40) within its boundaries.
  - (2) For the purposes of this chapter, except as provided in [subsection (b)](#b), the jurisdiction and authority of a [State](/usc/16/1802.md?p=40) shall extend—
    - (A) to any pocket of waters that is adjacent to the [State](/usc/16/1802.md?p=40) and totally enclosed by lines delimiting the territorial sea of the [United States](/usc/16/1802.md?p=45) pursuant to the Geneva Convention on the Territorial Sea and Contiguous Zone or any successor convention to which the [United States](/usc/16/1802.md?p=45) is a party;
    - (B) with respect to the body of water commonly known as Nantucket Sound, to the pocket of water west of the seventieth meridian west of Greenwich; and
    - (C) to the waters of southeastern Alaska (for the purpose of regulating [fishing](/usc/16/1802.md?p=16) for other than any species of crab) that are—
      - (i) north of the line representing the international boundary at Dixon Entrance and the westward extension of that line; east of 138 degrees west longitude; and not more than three nautical miles seaward from the coast, from the lines extending from headland to headland across all bays, inlets, straits, passes, sounds, and entrances, and from any island or group of islands, including the islands of the Alexander Archipelago (except Forrester Island); or
      - (ii) between the islands referred to in [clause (i)](#a-2-C-i) (except Forrester Island) and the mainland.
  - (3) A [State](/usc/16/1802.md?p=40) may regulate a [fishing vessel](/usc/16/1802.md?p=18) outside the boundaries of the [State](/usc/16/1802.md?p=40) in the following circumstances:
    - (A) The [fishing vessel](/usc/16/1802.md?p=18) is registered under the law of that [State](/usc/16/1802.md?p=40), and (i) there is no [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) or other applicable Federal [fishing](/usc/16/1802.md?p=16) regulations for the [fishery](/usc/16/1802.md?p=13) in which the vessel is operating; or (ii) the [State](/usc/16/1802.md?p=40)’s laws and regulations are consistent with the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) and applicable Federal [fishing](/usc/16/1802.md?p=16) regulations for the [fishery](/usc/16/1802.md?p=13) in which the vessel is operating.
    - (B) The [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) for the [fishery](/usc/16/1802.md?p=13) in which the [fishing vessel](/usc/16/1802.md?p=18) is operating delegates management of the [fishery](/usc/16/1802.md?p=13) to a [State](/usc/16/1802.md?p=40) and the [State](/usc/16/1802.md?p=40)’s laws and regulations are consistent with such [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k). If at any time the [Secretary](/usc/16/1802.md?p=39) determines that a [State](/usc/16/1802.md?p=40) law or regulation applicable to a [fishing vessel](/usc/16/1802.md?p=18) under this circumstance is not consistent with the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k), the [Secretary](/usc/16/1802.md?p=39) shall promptly notify the [State](/usc/16/1802.md?p=40) and the appropriate [Council](/usc/16/1802.md?p=8) of such determination and provide an opportunity for the [State](/usc/16/1802.md?p=40) to correct any inconsistencies identified in the notification. If, after notice and opportunity for corrective action, the [State](/usc/16/1802.md?p=40) does not correct the inconsistencies identified by the [Secretary](/usc/16/1802.md?p=39), the authority granted to the [State](/usc/16/1802.md?p=40) under this subparagraph shall not apply until the [Secretary](/usc/16/1802.md?p=39) and the appropriate [Council](/usc/16/1802.md?p=8) find that the [State](/usc/16/1802.md?p=40) has corrected the inconsistencies. For a [fishery](/usc/16/1802.md?p=13) for which there was a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) in place on August 1, 1996 that did not delegate management of the [fishery](/usc/16/1802.md?p=13) to a [State](/usc/16/1802.md?p=40) as of that date, the authority provided by this subparagraph applies only if the [Council](/usc/16/1802.md?p=8) approves the delegation of management of the [fishery](/usc/16/1802.md?p=13) to the [State](/usc/16/1802.md?p=40) by a three-quarters majority vote of the voting members of the [Council](/usc/16/1802.md?p=8).
    - (C) The [fishing vessel](/usc/16/1802.md?p=18) is not registered under the law of the [State](/usc/16/1802.md?p=40) of Alaska and is operating in a [fishery](/usc/16/1802.md?p=13) in the [exclusive economic zone](/usc/16/1802.md?p=11) off Alaska for which there was no [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) in place on August 1, 1996, and the [Secretary](/usc/16/1802.md?p=39) and the North Pacific [Council](/usc/16/1802.md?p=8) find that there is a legitimate interest of the [State](/usc/16/1802.md?p=40) of Alaska in the [conservation and management](/usc/16/1802.md?p=5) of such [fishery](/usc/16/1802.md?p=13). The authority provided under this subparagraph shall terminate when a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) under this chapter is approved and implemented for such [fishery](/usc/16/1802.md?p=13).
- (b) **Exception—**
  - (1) If the [Secretary](/usc/16/1802.md?p=39) finds, after notice and an opportunity for a hearing in accordance with [section 554 of title 5](/usc/5/554.md), that—
    - (A) the [fishing](/usc/16/1802.md?p=16) in a [fishery](/usc/16/1802.md?p=13), which is covered by a [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) implemented under this chapter, is engaged in predominately within the [exclusive economic zone](/usc/16/1802.md?p=11) and beyond such zone; and
    - (B) any [State](/usc/16/1802.md?p=40) has taken any action, or omitted to [take](/usc/16/3102.md?p=18) any action, the results of which will substantially and adversely affect the carrying out of such [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k);

    the [Secretary](/usc/16/1802.md?p=39) shall promptly notify such [State](/usc/16/1802.md?p=40) and the appropriate [Council](/usc/16/1802.md?p=8) of such finding and of his intention to regulate the applicable [fishery](/usc/16/1802.md?p=13) within the boundaries of such [State](/usc/16/1802.md?p=40) (other than its internal waters), pursuant to such [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) and the regulations promulgated to implement such plan.

  - (2) If the [Secretary](/usc/16/1802.md?p=39), pursuant to this subsection, assumes responsibility for the regulation of any [fishery](/usc/16/1802.md?p=13), the [State](/usc/16/1802.md?p=40) involved may at any time thereafter apply to the [Secretary](/usc/16/1802.md?p=39) for reinstatement of its authority over such [fishery](/usc/16/1802.md?p=13). If the [Secretary](/usc/16/1802.md?p=39) finds that the reasons for which he assumed such regulation no longer prevail, he shall promptly terminate such regulation.
  - (3) If the [State](/usc/16/1802.md?p=40) involved requests that a hearing be held pursuant to [paragraph (1)](#b-1), the [Secretary](/usc/16/1802.md?p=39) shall conduct such hearing prior to [taking](/usc/16/3102.md?p=18) any action under [paragraph (1)](#b-1).
- (c) **Exception regarding foreign fish processing in internal waters—**
  - (1) A [foreign fishing](/usc/16/1802.md?p=19) vessel may engage in [fish](/usc/16/1802.md?p=12) processing within the internal waters of a [State](/usc/16/1802.md?p=40) if, and only if—
    - (A) the vessel is qualified for purposes of this paragraph pursuant to [paragraph (4)(C)](#c-4-C) or has received a permit under [section 1824(d) of this title](/usc/16/1824.md?p=d);
    - (B) the [owner](/usc/16/429b–3.md?p=4) or operator of the vessel applies to the Governor of the [State](/usc/16/1802.md?p=40) for, and (subject to [paragraph (2)](#c-2)) is granted, permission for the vessel to engage in such processing and the application specifies the species to be processed; and
    - (C) the [owner](/usc/16/429b–3.md?p=4) or operator of the vessel submits reports on the tonnage of [fish](/usc/16/1802.md?p=12) received from vessels of the [United States](/usc/16/1802.md?p=45) and the locations from which such [fish](/usc/16/1802.md?p=12) were harvested, in accordance with such procedures as the [Secretary](/usc/16/1802.md?p=39) by regulation shall prescribe.
  - (2) The Governor of a [State](/usc/16/1802.md?p=40) may not grant permission for a [foreign fishing](/usc/16/1802.md?p=19) vessel to engage in [fish](/usc/16/1802.md?p=12) processing under [paragraph (1)](#c-1)—
    - (A) for a [fishery](/usc/16/1802.md?p=13) which occurs in the waters of more than one [State](/usc/16/1802.md?p=40) or in the [exclusive economic zone](/usc/16/1802.md?p=11), except after—
      - (i) consulting with the appropriate [Council](/usc/16/1802.md?p=8) and [Marine Fisheries Commission](/usc/16/1802.md?p=28), and
      - (ii) considering any comments received from the Governor of any other [State](/usc/16/1802.md?p=40) where the [fishery](/usc/16/1802.md?p=13) occurs; and
    - (B) if the Governor determines that [fish](/usc/16/1802.md?p=12) processors within the [State](/usc/16/1802.md?p=40) have adequate capacity, and will utilize such capacity, to process all of the [United States harvested fish](/usc/16/1802.md?p=47) from the [fishery](/usc/16/1802.md?p=13) concerned that are landed in the [State](/usc/16/1802.md?p=40).
  - (3) Nothing in this subsection may be construed as relieving a [foreign fishing](/usc/16/1802.md?p=19) vessel from the duty to comply with all applicable Federal and [State](/usc/16/1802.md?p=40) laws while operating within the internal waters of a [State](/usc/16/1802.md?p=40) incident to permission obtained under [paragraph (1)(B)](#c-1-B).
  - (4) For purposes of this subsection—
    - (A) The term “[fish](/usc/16/1802.md?p=12) processing” includes, in [addition](/usc/16/410r–5.md?p=c-2) to processing, the performance of any other activity relating to [fishing](/usc/16/1802.md?p=16), including, but not limited to, preparation, supply, storage, refrigeration, or transportation.
    - (B) The phrase “internal waters of a [State](/usc/16/1802.md?p=40)” means all waters within the boundaries of a [State](/usc/16/1802.md?p=40) except those seaward of the baseline from which the territorial sea is measured.
    - (C) A [foreign fishing](/usc/16/1802.md?p=19) vessel shall be treated as qualified for purposes of [paragraph (1)](#c-1) if the foreign nation under which it is flagged will be a party to (i) a governing [international fishery agreement](/usc/16/1802.md?p=24) or (ii) a [treaty](/usc/16/1802.md?p=43) described in [section 1821(b) of this title](/usc/16/1821.md?p=b) during the time the vessel will engage in the [fish](/usc/16/1802.md?p=12) processing for which permission is sought under [paragraph (1)(B)](#c-1-B).

## Source credit

(Pub. L. 94–265, title III, § 306, Apr. 13, 1976, 90 Stat. 355; Pub. L. 97–191, § 1, June 1, 1982, 96 Stat. 107; Pub. L. 97–453, § 9, Jan. 12, 1983, 96 Stat. 2491; Pub. L. 98–623, title IV, § 404(4), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 99–659, title I, § 101(c)(2), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101–627, title I, § 112, Nov. 28, 1990, 104 Stat. 4453; Pub. L. 104–297, title I, § 112(a)–(c), Oct. 11, 1996, 110 Stat. 3595, 3596.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a)(1), (2), (3)(C) and (b)(1)(A), 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.

### Amendments

1996—Subsec. (a)(3). Pub. L. 104–297, § 112(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Except as otherwise provided by paragraph (2), a State may not directly or indirectly regulate any fishing vessel outside its boundaries, unless the vessel is registered under the law of that State.”

Subsec. (b)(3). Pub. L. 104–297, § 112(b), added par. (3).

Subsec. (c)(1)(A). Pub. L. 104–297, § 112(c)(1), substituted “(4)(C) or has received a permit under section 1824(d) of this title;” for “(4)(C); and”.

Subsec. (c)(1)(C). Pub. L. 104–297, § 112(c)(2), (3), added subpar. (C).

1990—Subsec. (c)(1)(B). Pub. L. 101–627, § 112(1), inserted before period at end “and the application specifies the species to be processed”.

Subsec. (c)(2). Pub. L. 101–627, § 112(2), added par. (2) and struck out former par. (2) which read as follows: “The Governor of a State may not grant permission for a foreign fishing vessel to engage in fish processing under paragraph (1)(B) if he determines that fish processors within the State have adequate capacity, and will utilize such capacity, to process all of the United States harvested fish from the fishery concerned that are landed in the State.”

1986—Subsec. (b)(1)(A). Pub. L. 99–659 substituted “exclusive economic zone” for “fishery conservation zone”.

1984—Subsec. (a). Pub. L. 98–623 designated existing provisions as pars. (1) to (3), in par. (2), as so designated, redesignated cls. (1) and (2) as subpars. (A) and (B), respectively, and added subpar. (C), and in par. (3), as so designated, inserted exception relating to par. (2).

1983—Subsec. (a). Pub. L. 97–453 inserted provision delineating the jurisdiction and authority of a State over waters adjacent to the State and over Nantucket Sound.

1982—Subsec. (c). Pub. L. 97–191 added subsec. (c).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1982 Amendment

Pub. L. 97–191, § 3, June 1, 1982, 96 Stat. 108, provided that: “This Act [amending this section and section 1857 of this title] shall take effect on June 1, 1982.”

### Authority of States of Washington, Oregon, and California To Manage Dungeness Crab Fishery

Pub. L. 105–384, title II, § 203, Nov. 13, 1998, 112 Stat. 3453, as amended by Pub. L. 107–77, title VI, § 624, Nov. 28, 2001, 115 Stat. 803; Pub. L. 109–479, title III, § 302(e), Jan. 12, 2007, 120 Stat. 3624; Pub. L. 115–49, § 1, Aug. 18, 2017, 131 Stat. 1000, provided that: In General.—Subject to the provisions of this section and notwithstanding section 306(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1856(a)), each of the States of Washington, Oregon, and California may adopt and enforce State laws and regulations governing fishing and processing in the exclusive economic zone adjacent to that State in any Dungeness crab (Cancer magister) fishery for which there is no fishery management plan in effect under that Act [16 U.S.C. 1801 et seq.]. Requirements for State Management.—Any law or regulation adopted by a State under this section for a Dungeness crab fishery— except as provided in paragraph (2), shall apply equally to vessels engaged in the fishery in the exclusive economic zone and vessels engaged in the fishery in the waters of the State, and without regard to the State that issued the permit under which a vessel is operating; shall not apply to any fishing by a vessel in exercise of tribal treaty rights except as provided in United States v. Washington, D.C. No. CV–70–09213, United States District Court for the Western District of Washington; and shall include any provisions necessary to implement tribal treaty rights pursuant to the decision in United States v. Washington, D.C. No. CV–70–09213. Limitation on Enforcement of State Limited Access Systems.—Any law of the State of Washington, Oregon, or California that establishes or implements a limited access system for a Dungeness crab fishery may not be enforced against a vessel that is otherwise legally fishing in the exclusive economic zone adjacent to that State and that is not registered under the laws of that State, except a law regulating landings. State Permit or Treaty Right Required.—No vessel may harvest or process Dungeness crab in the exclusive economic zone adjacent to the State of Washington, Oregon, or California, except as authorized by a permit issued by any of those States or pursuant to any tribal treaty rights to Dungeness crab pursuant to the decision in United States v. Washington, D.C. No. CV–70–09213. State Authority Otherwise Preserved.—Except as expressly provided in this section, nothing in this section reduces the authority of any State under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to regulate fishing, fish processing, or landing of fish. Termination of Authority.—The authority of the States of Washington, Oregon, and California under this section with respect to a Dungeness crab fishery shall expire on the effective date of a fishery management plan for the fishery under the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]. Repeal.— Definitions.—The definitions set forth in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) shall apply to this section. Not later than December 31, 2001, and every 2 years thereafter, the Pacific State Marine Fisheries Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives a report on the status and management of the Dungeness Crab fishery located off the coasts of the States of Washington, Oregon, and California, including— stock status and trends throughout its range; a description of applicable research and scientific review processes used to determine stock status and trends; and measures implemented or planned that are designed to prevent or end overfishing in the fishery.”

Pub. L. 104–297, title I, § 112(d), Oct. 11, 1996, 110 Stat. 3596, 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, which provided interim authority to the States of Washington, Oregon, and California to enforce State laws and regulations governing fish harvesting and processing against any vessel operating in the exclusive economic zone off each respective State in a fishery for Dungeness crab (Cancer magister) for which there is no fishery management plan implemented under this chapter, was repealed by Pub. L. 105–384, title II, § 203(g), Nov. 13, 1998, 112 Stat. 3454.

### Foreign Fish Processing in Norton Sound

Pub. L. 99–509, title V, § 5004, Oct. 21, 1986, 100 Stat. 1912, provided that for purposes of processing pink salmon within the internal waters of the State of Alaska, the geographic area bounded on the north by a parallel of latitude of 64 degrees, 23 minutes, on the south by a parallel of latitude of 63 degrees, 51 minutes, on the east by the baseline from which the territorial sea was measured, and on the west by the outer limit of the territorial sea, was to be considered to be internal waters of the State of Alaska for the purposes of subsec. (c)(4)(B) of this section until Sept. 30, 1993.

### Executive Documents

### Territorial Sea and Contiguous Zone of United States

For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.