---
kind: "section"
citation: "16 U.S.C. § 1861a"
title: "16"
title_heading: "Conservation"
number: "1861a"
heading: "Transition to sustainable fisheries"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1861a"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter IV — National Fishery Management Program"
---

# §1861a. Transition to sustainable fisheries

- (a) **Fishery resource disaster relief—**
  - (1) **Definitions—** In this subsection:
    - (A) **Allowable cause—** The term “allowable cause” means a natural cause, discrete anthropogenic cause, or undetermined cause, including a cause that occurred not more than 5 years prior to the date of a request for a [fishery resource](/usc/16/1802.md?p=15) disaster determination that affected such applicable [fishery](/usc/16/1802.md?p=13).
    - (B) **Anthropogenic cause—** The term “anthropogenic cause” means an anthropogenic event, such as an oil spill or spillway opening—
      - (i) that could not have been addressed or prevented by [fishery](/usc/16/1802.md?p=13) management measures; and
      - (ii) that is otherwise beyond the control of [fishery](/usc/16/1802.md?p=13) managers to mitigate through [conservation and management](/usc/16/1802.md?p=5) measures, including regulatory restrictions imposed as a result of judicial action or to protect human health or marine animals, plants, or habitats.
    - (C) **Fishery resource disaster—** The term “[fishery resource](/usc/16/1802.md?p=15) disaster” means a disaster that is determined by the [Secretary](/usc/16/1802.md?p=39) in accordance with this subsection and—
      - (i) is an unexpected large decrease in [fish](/usc/16/1802.md?p=12) stock biomass or other change that results in significant loss of access to the [fishery resource](/usc/16/1802.md?p=15), which may include loss of [fishing vessels](/usc/16/1802.md?p=18) and gear for a substantial period of time and results in significant revenue loss or negative subsistence impact due to an allowable cause; and
      - (ii) does not include—
        - (I) reasonably predictable, foreseeable, and recurrent [fishery](/usc/16/1802.md?p=13) cyclical variations in species distribution or stock abundance; or
        - (II) reductions in [fishing](/usc/16/1802.md?p=16) opportunities resulting from [conservation and management](/usc/16/1802.md?p=5) measures taken pursuant to this chapter.
    - (D) **Indian Tribe—** The term “Indian Tribe” has the meaning given such term in [section 5130 of title 25](/usc/25/5130.md), and the term “Tribal” means of or pertaining to such an Indian tribe.
    - (E) **Natural cause—** The term “natural cause”—
      - (i) means a weather, climatic, hazard, or biology-related event, such as—
        - (I) a hurricane;
        - (II) a flood;
        - (III) a harmful algal bloom;
        - (IV) a tsunami;
        - (V) a hypoxic zone;
        - (VI) a drought;
        - (VII) El Niño effects on water temperature;
        - (VIII) a marine heat wave; or
        - (IX) disease; and
      - (ii) does not mean a normal or cyclical variation in a species distribution or stock abundance.
    - (F) **12-month revenue loss—** The term “12-month revenue loss” means the percentage reduction, as applicable, in commercial, charter, headboat, or processor revenue for the affected [fishery](/usc/16/1802.md?p=13) for the 12 months during which the [fishery resource](/usc/16/1802.md?p=15) disaster occurred, when compared to average annual revenue in the most recent 5 years when no [fishery resource](/usc/16/1802.md?p=15) disaster occurred or equivalent for stocks with cyclical life histories.
    - (G) **Undetermined cause—** The term “undetermined cause” means a cause in which the current [state](/usc/16/1802.md?p=40) of knowledge does not allow the [Secretary](/usc/16/1802.md?p=39) to identify the exact cause, and there is no current conclusive evidence supporting a possible cause of the [fishery resource](/usc/16/1802.md?p=15) disaster.
  - (2) **General authority—**
    - (A) **In general—** The [Secretary](/usc/16/1802.md?p=39) shall have the authority to determine the existence, extent, and beginning and end dates of a [fishery resource](/usc/16/1802.md?p=15) disaster under this subsection in accordance with this subsection.
    - (B) **Availability of funds—** After the [Secretary](/usc/16/1802.md?p=39) determines that a [fishery resource](/usc/16/1802.md?p=15) disaster has occurred, the [Secretary](/usc/16/1802.md?p=39) is authorized to make sums available, from funds appropriated for such purposes, to be used by the affected [State](/usc/16/1802.md?p=40), Indian Tribe, or interstate [marine fisheries commission](/usc/16/1802.md?p=28), or by the [Secretary](/usc/16/1802.md?p=39) in cooperation with the affected [State](/usc/16/1802.md?p=40), Indian Tribe, or interstate [marine fisheries commission](/usc/16/1802.md?p=28).
    - (C) **Savings clause—** The requirements under this paragraph and paragraphs [(3)](#a-3), [(4)](#a-4), and [(5)](#a-5) shall [take](/usc/16/3102.md?p=18) effect only with respect to [fishery resource](/usc/16/1802.md?p=15) disaster determination requests submitted after December 29, 2022.
  - (3) **Initiation of a fishery resource disaster review—**
    - (A) **Eligible requesters—**
      - (i) **In general—** If the [Secretary](/usc/16/1802.md?p=39) has not independently determined that a [fishery resource](/usc/16/1802.md?p=15) disaster has occurred, a request for a [fishery resource](/usc/16/1802.md?p=15) disaster determination may be submitted to the [Secretary](/usc/16/1802.md?p=39) at any time, but not later than the applicable date determined under [clause (ii)](#a-3-A-ii), by—
        - (I) the Governor of an affected [State](/usc/16/1802.md?p=40);
        - (II) an official resolution of an Indian Tribe; or
        - (III) any other comparable elected or politically appointed representative as determined by the [Secretary](/usc/16/1802.md?p=39).
      - (ii) **Applicable date—** The applicable date under this clause shall be—
        - (I) 1 year after the date of the conclusion of the [fishing](/usc/16/1802.md?p=16) season;
        - (II) in the case of a distinct cause that occurs during more than 1 consecutive [fishing](/usc/16/1802.md?p=16) season, 2 years after the date of the conclusion of the [fishing](/usc/16/1802.md?p=16) season for which the request for a [fishery resource](/usc/16/1802.md?p=15) disaster determination is made; or
        - (III) in the case of a complete [fishery](/usc/16/1802.md?p=13) closure, 1 year after the date on which that closure is determined by the [Secretary](/usc/16/1802.md?p=39).
    - (B) **Required information—** A complete request for a [fishery resource](/usc/16/1802.md?p=15) disaster determination under [subparagraph (A)](#a-3-A) shall include—
      - (i) identification of all presumed affected [fish](/usc/16/1802.md?p=12) stocks;
      - (ii) identification of the [fishery](/usc/16/1802.md?p=13) as Federal, non-Federal, or both;
      - (iii) the geographical boundaries of the [fishery](/usc/16/1802.md?p=13), as determined by the eligible requester, including geographic boundaries that are smaller than the [area](/usc/16/539m–1.md?p=1-A) represented by the eligible requester;
      - (iv) preliminary information on causes of the [fishery resource](/usc/16/1802.md?p=15) disaster, if known; and
      - (v) information needed to support a finding of a [fishery resource](/usc/16/1802.md?p=15) disaster, including—
        - (I) information demonstrating the occurrence of an unexpected large decrease in [fish](/usc/16/1802.md?p=12) stock biomass or other change that results in significant loss of access to the [fishery resource](/usc/16/1802.md?p=15), which could include the loss of [fishing vessels](/usc/16/1802.md?p=18) and gear, for a substantial period of time;
        - (II) significant—
          - (aa) 12-month revenue loss for the affected [fishery](/usc/16/1802.md?p=13); or
          - (bb) negative subsistence impact for the affected [fishery](/usc/16/1802.md?p=13), or if a [fishery resource](/usc/16/1802.md?p=15) disaster has occurred at any time in the previous 5-year period, the most recent 5 years when no [fishery resource](/usc/16/1802.md?p=15) disaster occurred;
        - (III) if applicable, information on lost resource tax revenues assessed by local communities, such as a raw [fish](/usc/16/1802.md?p=12) tax and local sourcing requirements; and
        - (IV) if applicable and available, information on affected [fishery](/usc/16/1802.md?p=13) 12-month revenue loss for charter, headboat, or processors related to the information provided under [subclause (I)](#a-3-B-v-I), subject to [section 1881a(b) of this title](/usc/16/1881a.md?p=b).
    - (C) **Assistance—** The [Secretary](/usc/16/1802.md?p=39) may provide data and analysis assistance to an eligible requester described in [paragraph (1)](#a-1), if—
      - (i) the assistance is so requested;
      - (ii) the [Secretary](/usc/16/1802.md?p=39) is in possession of the required information described in [subparagraph (B)](#a-3-B); and
      - (iii) the data is not available to the requester, in carrying out the complete request under [subparagraph (B)](#a-3-B).
    - (D) **Initiation of review—** The [Secretary](/usc/16/1802.md?p=39) shall have the discretion to initiate a [fishery resource](/usc/16/1802.md?p=15) disaster review without a request.
  - (4) **Review process—**
    - (A) **Interim response—** Not later than 20 days after receipt of a request under [paragraph (3)](#a-3), the [Secretary](/usc/16/1802.md?p=39) shall provide an interim response to the individual that—
      - (i) acknowledges receipt of the request;
      - (ii) provides a regional contact within the National Oceanographic and Atmospheric Administration;
      - (iii) outlines the process and timeline by which a request shall be considered; and
      - (iv) requests additional information concerning the [fishery resource](/usc/16/1802.md?p=15) disaster, if the original request is considered incomplete.
    - (B) **Evaluation of requests—**
      - (i) **In general—** The [Secretary](/usc/16/1802.md?p=39) shall complete a review, within the time frame described in [clause (ii)](#a-4-B-ii), using the best scientific information available, in consultation with the affected [fishing communities](/usc/16/1802.md?p=17), [States](/usc/16/544.md?p=r), or [Indian Tribes](/usc/16/544.md?p=g), of—
        - (I) the information provided by the requester and any additional information relevant to the [fishery](/usc/16/1802.md?p=13), which may include—
          - (aa) [fishery](/usc/16/1802.md?p=13) characteristics;
          - (bb) stock assessments;
          - (cc) the most recent [fishery](/usc/16/1802.md?p=13) independent surveys and other [fishery resource](/usc/16/1802.md?p=15) assessments and surveys conducted by Federal, [State](/usc/16/1802.md?p=40), or Tribal officials;
          - (dd) estimates of mortality; and
          - (ee) overall effects; and
        - (II) the available economic information, which may include an analysis of—
          - (aa) landings data;
          - (bb) revenue;
          - (cc) the number of participants involved;
          - (dd) the number and type of jobs and [persons](/usc/16/1802.md?p=36) impacted, which may include—
            - (AA) fishers;
            - (BB) [charter fishing](/usc/16/1802.md?p=3) operators;
            - (CC) subsistence users;
            - (DD) [United States fish processors](/usc/16/1802.md?p=46); and
            - (EE) an [owner](/usc/16/429b–3.md?p=4) of a related [fishery](/usc/16/1802.md?p=13) infrastructure or business affected by the disaster, such as a marina operator, [recreational fishing](/usc/16/1802.md?p=37) equipment retailer, or charter, headboat, or tender vessel [owner](/usc/16/429b–3.md?p=4), operator, or crew;
          - (ee) an impacted Indian Tribe;
          - (ff) other forms of disaster assistance made available to the [fishery](/usc/16/1802.md?p=13), including prior awards of disaster assistance for the same event;
          - (gg) the length of time the resource, or access to the resource, has been restricted;
          - (hh) status of recovery from previous [fishery resource](/usc/16/1802.md?p=15) disasters;
          - (ii) lost resource tax revenues assessed by local communities, such as a raw [fish](/usc/16/1802.md?p=12) tax; and
          - (jj) other appropriate indicators to an affected [fishery](/usc/16/1802.md?p=13), as determined by the National Marine [Fisheries](/usc/16/1802.md?p=13) Service.
      - (ii) **Time frame—** The [Secretary](/usc/16/1802.md?p=39) shall complete the review described in [clause (i)](#a-4-B-i), if the [fishing](/usc/16/1802.md?p=16) season, applicable to the [fishery](/usc/16/1802.md?p=13)—
        - (I) has concluded or there is no defined [fishing](/usc/16/1802.md?p=16) season applicable to the [fishery](/usc/16/1802.md?p=13), not later than 120 days after the [Secretary](/usc/16/1802.md?p=39) receives a complete request for a [fishery resource](/usc/16/1802.md?p=15) disaster determination;
        - (II) has not concluded, not later than 120 days after the conclusion of the [fishing](/usc/16/1802.md?p=16) season; or
        - (III) is expected to be closed for the entire [fishing](/usc/16/1802.md?p=16) season, not later than 120 days after the [Secretary](/usc/16/1802.md?p=39) receives a complete request for a [fishery resource](/usc/16/1802.md?p=15) disaster determination.
    - (C) **Fishery resource disaster determination—** The [Secretary](/usc/16/1802.md?p=39) shall make the determination of a [fishery resource](/usc/16/1802.md?p=15) disaster based on the criteria for determinations listed in [paragraph (5)](#a-5).
    - (D) **Notification—** Not later than 14 days after the conclusion of the review under this paragraph, the [Secretary](/usc/16/1802.md?p=39) shall notify the requester and the Governor of the affected [State](/usc/16/1802.md?p=40) or Indian Tribe representative of the determination of the [Secretary](/usc/16/1802.md?p=39).
  - (5) **Criteria for determinations—**
    - (A) **In general—** The [Secretary](/usc/16/1802.md?p=39) shall make a determination about whether a [fishery resource](/usc/16/1802.md?p=15) disaster has occurred, based on the revenue loss thresholds under [subparagraph (B)](#a-5-B), and, if a [fishery resource](/usc/16/1802.md?p=15) disaster has occurred, whether the [fishery resource](/usc/16/1802.md?p=15) disaster was due to—
      - (i) a natural cause;
      - (ii) an anthropogenic cause;
      - (iii) a combination of a natural cause and an anthropogenic cause; or
      - (iv) an undetermined cause.
    - (B) **Revenue loss thresholds—**
      - (i) **In general—** Based on the information provided or analyzed under [paragraph (4)(B)](#a-4-B), the [Secretary](/usc/16/1802.md?p=39) shall apply the following 12-month revenue loss thresholds in determining whether a [fishery resource](/usc/16/1802.md?p=15) disaster has occurred:
        - (I) Losses greater than 80 percent may result in a positive determination that a [fishery resource](/usc/16/1802.md?p=15) disaster has occurred, based on the information provided or analyzed under [paragraph (4)(B)](#a-4-B).
        - (II) Losses between 35 percent and 80 percent shall be evaluated to determine whether economic impacts are severe enough to determine that a [fishery resource](/usc/16/1802.md?p=15) disaster has occurred.
        - (III) Losses less than 35 percent shall not be eligible for a determination that a [fishery resource](/usc/16/1802.md?p=15) disaster has occurred.
      - (ii) **Charter fishing—** In making a determination of whether a [fishery resource](/usc/16/1802.md?p=15) disaster has occurred, the [Secretary](/usc/16/1802.md?p=39) shall consider the economic impacts to the [charter fishing](/usc/16/1802.md?p=3) industry to ensure financial coverage for [charter fishing](/usc/16/1802.md?p=3) businesses.
      - (iii) **Negative subsistence impacts—** In considering negative subsistence impacts, the [Secretary](/usc/16/1802.md?p=39) shall evaluate the severity of negative impacts to the [fishing community](/usc/16/1802.md?p=17) instead of applying the revenue loss thresholds described in [clause (i)](#a-5-B-i).
    - (C) **Ineligible fisheries—** A [fishery](/usc/16/1802.md?p=13) subject to [overfishing](/usc/16/1802.md?p=34) in any of the 3 years preceding the date of a determination under this subsection is not eligible for a determination of whether a [fishery resource](/usc/16/1802.md?p=15) disaster has occurred unless the [Secretary](/usc/16/1802.md?p=39) determines that [overfishing](/usc/16/1802.md?p=34) was not a contributing factor to the [fishery resource](/usc/16/1802.md?p=15) disaster.
    - (D) **Exceptional circumstances—** In an exceptional circumstance where substantial economic impacts to the affected [fishery](/usc/16/1802.md?p=13) and [fishing community](/usc/16/1802.md?p=17) have been subject to a disaster declaration under another statutory authority, such as in the case of a natural disaster or from the direct consequences of a Federal action taken to prevent, or in response to, a natural disaster for purposes of protecting life and safety, the [Secretary](/usc/16/1802.md?p=39) may determine a [fishery resource](/usc/16/1802.md?p=15) disaster has occurred without a request, notwithstanding the requirements under [subparagraph (B)](#a-5-B) and [paragraph (3)](#a-3).
  - (6) **Disbursal of appropriated funds—**
    - (A) **Authorization—** The [Secretary](/usc/16/1802.md?p=39) shall allocate funds available under [paragraph (9)](#a-9) for [fishery resource](/usc/16/1802.md?p=15) disasters.
    - (B) **Allocation of appropriated fishery resource disaster assistance—**
      - (i) **Notification of funding availability—** When there are appropriated funds for 1 or more [fishery resource](/usc/16/1802.md?p=15) disasters, the [Secretary](/usc/16/1802.md?p=39) shall notify—
        - (I) the public; and
        - (II) representatives of affected [fishing communities](/usc/16/1802.md?p=17) with a positive disaster determination that is unfunded;

      of the availability of funds, not more than 14 days after the date of the appropriation or the determination of a [fishery resource](/usc/16/1802.md?p=15) disaster, whichever occurs later.

      - (ii) **Extension of deadline—** The [Secretary](/usc/16/1802.md?p=39) may extend the deadline under [clause (i)](#a-6-B-i) by 90 days to evaluate and make determinations on eligible requests.
    - (C) **Considerations—** In determining the allocation of appropriations for a [fishery resource](/usc/16/1802.md?p=15) disaster, the [Secretary](/usc/16/1802.md?p=39) shall consider commercial, charter, headboat, or seafood processing revenue losses and negative impacts to subsistence or Indian Tribe ceremonial [fishing](/usc/16/1802.md?p=16) opportunity, for the affected [fishery](/usc/16/1802.md?p=13), and may consider the following factors:
      - (i) Direct economic impacts.
      - (ii) Uninsured losses.
      - (iii) Losses of [recreational fishing](/usc/16/1802.md?p=37) opportunity.
      - (iv) Aquaculture operations revenue loss.
      - (v) Direct revenue losses to a [fishing community](/usc/16/1802.md?p=17).
      - (vi) [Treaty](/usc/16/1802.md?p=43) obligations.
      - (vii) Other economic impacts.
    - (D) **Spend plans—**
      - (i) **In general—** To receive an allocation from funds available under [paragraph (9)](#a-9), a requester with an affirmative [fishery resource](/usc/16/1802.md?p=15) disaster determination shall submit a spend plan to the [Secretary](/usc/16/1802.md?p=39), not more than 120 days after receiving notification that funds are available, that shall include the following information, if applicable:
        - (I) Objectives and outcomes, with an emphasis on addressing the factors contributing to the [fishery resource](/usc/16/1802.md?p=15) disaster and minimizing future uninsured losses, if applicable.
        - (II) Statement of work.
        - (III) Budget details.
      - (ii) **Review—**
        - (I) **In general—** The [Secretary](/usc/16/1802.md?p=39) shall review a spend plan submitted under [clause (i)](#a-6-D-i) to determine if it is complete and provide notice within 10 days.
        - (II) **Incomplete spend plan—** If the [Secretary](/usc/16/1802.md?p=39) determines that a spend plan submitted under [clause (i)](#a-6-D-i) is not complete, when providing the notice required by [subclause (I)](#a-6-D-ii-I), the [Secretary](/usc/16/1802.md?p=39) shall provide a detailed description of the information that is necessary for the spend plan to be determined complete.
    - (E) **Regional contact—** If so requested, the [Secretary](/usc/16/1802.md?p=39) shall provide a regional contact within the National Oceanic and Atmospheric Administration to facilitate review of spend plans and disbursal of funds.
    - (F) **Disbursal of funds—**
      - (i) **Availability—**
        - (I) **Timeline—** Funds shall be made available to grantees not later than 90 days after the date the [Secretary](/usc/16/1802.md?p=39) receives a complete spend plan.
        - (II) **Review of completed spend plan and apportionment of funds—** If so requested, the Director of the Office of Management and Budget may review a completed spend plan concurrently with the [Secretary](/usc/16/1802.md?p=39). The Director of the Office of Management and Budget may not delay the timeline described in [subclause (I)](#a-6-F-i-I).
      - (ii) **Method—** The [Secretary](/usc/16/1802.md?p=39) may provide an allocation of funds under this subsection in the form of a grant, direct payment, cooperative agreement, loan, or contract.
      - (iii) **Eligible uses—**
        - (I) **In general—** Funds allocated for [fishery resources](/usc/16/1802.md?p=15) disasters under this subsection shall restore the [fishery](/usc/16/1802.md?p=13) affected by such a disaster, prevent a similar disaster in the future, or assist the affected [fishing community](/usc/16/1802.md?p=17), and shall prioritize the following uses, which are not in order of priority:
          - (aa) Habitat conservation and restoration and other activities, including scientific research, that reduce adverse impacts to the [fishery](/usc/16/1802.md?p=13) or improve understanding of the affected species or its ecosystem.
          - (bb) The collection of [fishery](/usc/16/1802.md?p=13) information and other activities that improve management of the affected [fishery](/usc/16/1802.md?p=13).
          - (cc) In a commercial [fishery](/usc/16/1802.md?p=13), capacity reduction and other activities that improve management of [fishing](/usc/16/1802.md?p=16) effort, including funds to offset budgetary costs to refinance a Federal [fishing](/usc/16/1802.md?p=16) capacity reduction loan or to repay the principal of a Federal [fishing](/usc/16/1802.md?p=16) capacity reduction loan.
          - (dd) Developing, repairing, or improving [fishery](/usc/16/1802.md?p=13)-related public infrastructure.
          - (ee) Direct assistance to a [person](/usc/16/1802.md?p=36), [fishing community](/usc/16/1802.md?p=17) (including assistance for lost [fisheries](/usc/16/1802.md?p=13) resource levies), or a business to alleviate economic loss incurred as a direct result of a [fishery resource](/usc/16/1802.md?p=15) disaster, particularly when affected by a circumstance described in [paragraph (5)(D)](#a-5-D) or by negative impacts to subsistence or Indian Tribe ceremonial [fishing](/usc/16/1802.md?p=16) opportunity.
          - (ff) Hatcheries and stock enhancement to help rebuild the affected stock or offset [fishing](/usc/16/1802.md?p=16) pressure on the affected stock.
        - (II) **Displaced fishery employees—** Where appropriate, individuals carrying out the activities described in items [(aa)](#a-6-F-iii-I-aa) through [(dd)](#a-6-F-iii-I-dd) of subclause (I) shall be individuals who are, or were, employed in a commercial, charter, or Indian Tribe [fishery](/usc/16/1802.md?p=13) for which the [Secretary](/usc/16/1802.md?p=39) has determined that a [fishery resource](/usc/16/1802.md?p=15) disaster has occurred.
  - (7) **Limitations—**
    - (A) **Federal share—**
      - (i) **In general—** Except as provided in clauses [(ii)](#a-7-A-ii) and [(iii)](#a-7-A-iii), the Federal share of the cost of any activity carried out under the authority of this subsection shall not exceed 75 percent of the cost of that activity.
      - (ii) **Waiver—** The [Secretary](/usc/16/1802.md?p=39) may waive the non-Federal share requirements of this subsection, if the [Secretary](/usc/16/1802.md?p=39) determines that—
        - (I) no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement; and
        - (II) the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the non-Federal share requirement.
      - (iii) **Exception—** The Federal share shall be equal to 100 percent in the case of—
        - (I) direct assistance as described in [paragraph (6)(F)(iii)(I)(ee)](#a-6-F-iii-I-ee); or
        - (II) assistance to subsistence or Tribal [fisheries](/usc/16/1802.md?p=13).
    - (B) **Limitations on administrative expenses—**
      - (i) **Federal—** Not more than 3 percent of the funds available under this subsection may be used for administrative expenses by the National Oceanographic and Atmospheric Administration.
      - (ii) **State governments or Indian Tribes—** Of the funds remaining after the use described in [clause (i)](#a-7-B-i), not more than 5 percent may be used by [States](/usc/16/544.md?p=r), [Indian Tribes](/usc/16/544.md?p=g), or interstate [marine fisheries commissions](/usc/16/1802.md?p=28) for administrative expenses.
    - (C) **Fishing capacity reduction program—**
      - (i) **In general—** No funds available under this subsection may be used as part of a [fishing](/usc/16/1802.md?p=16) capacity reduction program in a [fishery](/usc/16/1802.md?p=13) unless the [Secretary](/usc/16/1802.md?p=39) determines that adequate [conservation and management](/usc/16/1802.md?p=5) measures are in place in such [fishery](/usc/16/1802.md?p=13).
      - (ii) **Assistance conditions—** As a condition of providing assistance under this subsection with respect to a vessel under a [fishing](/usc/16/1802.md?p=16) capacity reduction program, the [Secretary](/usc/16/1802.md?p=39) shall—
        - (I) prohibit the vessel from being used for [fishing](/usc/16/1802.md?p=16) in Federal, [State](/usc/16/1802.md?p=40), or international waters; and
        - (II) require that the vessel be—
          - (aa) scrapped or otherwise disposed of in a manner approved by the [Secretary](/usc/16/1802.md?p=39);
          - (bb) donated to a nonprofit organization and thereafter used only for purposes of research, education, or training; or
          - (cc) used for another non-[fishing](/usc/16/1802.md?p=16) purpose provided the [Secretary](/usc/16/1802.md?p=39) determines that adequate measures are in place to ensure that the vessel cannot reenter any [fishery](/usc/16/1802.md?p=13) anywhere in the world.
    - (D) **No fishery endorsement—**
      - (i) **In general—** A vessel that is prohibited from [fishing](/usc/16/1802.md?p=16) under [subparagraph (C)(ii)(I)](#a-7-C-ii-I) shall not be eligible for a [fishery](/usc/16/1802.md?p=13) endorsement under [section 12113(a) of title 46](/usc/46/12113.md?p=a).
      - (ii) **Noneffective—** A [fishery](/usc/16/1802.md?p=13) endorsement for a vessel described in [clause (i)](#a-7-D-i) shall not be effective.
      - (iii) **No sale—** A vessel described in [clause (i)](#a-7-D-i) shall not be sold to a foreign [owner](/usc/16/429b–3.md?p=4) or reflagged.
  - (8) **Public information on data collection—** The [Secretary](/usc/16/1802.md?p=39) shall make available and update as appropriate, information on data collection and submittal best practices for the information described in [paragraph (4)(B)](#a-4-B).
  - (9) **Authorization of appropriations—** There are authorized to be appropriated to carry out this subsection $377,000,000 for the period of fiscal years 2023 through 2027.
- (b) **Fishing capacity reduction program—**
  - (1) The [Secretary](/usc/16/1802.md?p=39), at the request of the appropriate [Council](/usc/16/1802.md?p=8) for [fisheries](/usc/16/1802.md?p=13) under the authority of such [Council](/usc/16/1802.md?p=8), the Governor of a [State](/usc/16/1802.md?p=40) for [fisheries](/usc/16/1802.md?p=13) under [State](/usc/16/1802.md?p=40) authority, or a majority of permit holders in the [fishery](/usc/16/1802.md?p=13), may conduct a voluntary [fishing](/usc/16/1802.md?p=16) capacity reduction program (referred to in this section as the “program”) in a [fishery](/usc/16/1802.md?p=13) if the [Secretary](/usc/16/1802.md?p=39) determines that the program—
    - (A) is necessary to prevent or end [overfishing](/usc/16/1802.md?p=34), rebuild stocks of [fish](/usc/16/1802.md?p=12), or achieve measurable and significant improvements in the [conservation and management](/usc/16/1802.md?p=5) of the [fishery](/usc/16/1802.md?p=13);
    - (B) is consistent with the Federal or [State](/usc/16/1802.md?p=40) [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) or program in effect for such [fishery](/usc/16/1802.md?p=13), as appropriate, and that the [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k)—
      - (i) will prevent the replacement of [fishing](/usc/16/1802.md?p=16) capacity removed by the program through a moratorium on new entrants, practicable restrictions on vessel upgrades, and other effort control measures, [taking](/usc/16/3102.md?p=18) into account the full potential [fishing](/usc/16/1802.md?p=16) capacity of the fleet; and
      - (ii) establishes a specified or target total allowable catch or other measures that trigger closure of the [fishery](/usc/16/1802.md?p=13) or adjustments to reduce catch; and
    - (C) is cost-effective and, in the instance of a program involving an industry fee system, prospectively capable of repaying any debt obligation incurred under [section 53735 of title 46](/usc/46/53735.md).
  - (2) The objective of the program shall be to obtain the maximum sustained reduction in [fishing](/usc/16/1802.md?p=16) capacity at the least cost and in a minimum period of time. To achieve that objective, the [Secretary](/usc/16/1802.md?p=39) is authorized to pay—
    - (A) the [owner](/usc/16/429b–3.md?p=4) of a [fishing vessel](/usc/16/1802.md?p=18), if the permit authorizing the participation of the vessel in the [fishery](/usc/16/1802.md?p=13) is surrendered for permanent revocation and the vessel [owner](/usc/16/429b–3.md?p=4) and permit holder relinquish any claim associated with the vessel or permit that could qualify such [owner](/usc/16/429b–3.md?p=4) or holder for any present or future [limited access system](/usc/16/1802.md?p=27) permit in the [fishery](/usc/16/1802.md?p=13) for which the program is established or in any other [fishery](/usc/16/1802.md?p=13) and such vessel is (i) scrapped, or (ii) through the [Secretary](/usc/16/1802.md?p=39) of the department in which the Coast Guard is operating, subjected to title restrictions (including loss of the vessel’s [fisheries](/usc/16/1802.md?p=13) endorsement) that permanently prohibit and effectively prevent its use in [fishing](/usc/16/1802.md?p=16) in federal[^1] or [state](/usc/16/1802.md?p=40)[^1] waters, or [fishing](/usc/16/1802.md?p=16) on the [high seas](/usc/16/1802.md?p=20) or in the [waters of a foreign nation](/usc/16/1802.md?p=50); or
    - (B) the holder of a permit authorizing participation in the [fishery](/usc/16/1802.md?p=13), if such permit is surrendered for permanent revocation, and such holder relinquishes any claim associated with the permit and vessel used to harvest [fishery resources](/usc/16/1802.md?p=15) under the permit that could qualify such holder for any present or future [limited access system](/usc/16/1802.md?p=27) permit in the [fishery](/usc/16/1802.md?p=13) for which the program was established.
  - (3) Participation in the program shall be voluntary, but the [Secretary](/usc/16/1802.md?p=39) shall ensure compliance by all who do participate.
  - (4) The harvester proponents of each program and the [Secretary](/usc/16/1802.md?p=39) shall consult, as appropriate and practicable, with [Councils](/usc/16/1802.md?p=8), Federal agencies, [State](/usc/16/1802.md?p=40) and regional authorities, affected [fishing communities](/usc/16/1802.md?p=17), participants in the [fishery](/usc/16/1802.md?p=13), conservation organizations, and other interested parties throughout the development and implementation of any program under this section.
  - (5) **Payment condition.—** The [Secretary](/usc/16/1802.md?p=39) may not make a payment under [paragraph (2)](#b-2) with respect to a vessel that will not be scrapped unless the [Secretary](/usc/16/1802.md?p=39) certifies that the vessel will not be used for [fishing](/usc/16/1802.md?p=16) in the [waters of a foreign nation](/usc/16/1802.md?p=50) or [fishing](/usc/16/1802.md?p=16) on the [high seas](/usc/16/1802.md?p=20).
  - (6) **Report.—**
    - (A) **In general.—** Subject to the availability of funds, the [Secretary](/usc/16/1802.md?p=39) shall, within 12 months after January 12, 2007, submit to the Congress a report—
      - (i) identifying and describing the 20 [fisheries](/usc/16/1802.md?p=13) in [United States](/usc/16/1802.md?p=45) waters with the most severe examples of excess harvesting capacity in the [fisheries](/usc/16/1802.md?p=13), based on value of each [fishery](/usc/16/1802.md?p=13) and the amount of excess harvesting capacity as determined by the [Secretary](/usc/16/1802.md?p=39);
      - (ii) recommending measures for reducing such excess harvesting capacity, including the retirement of any latent [fishing](/usc/16/1802.md?p=16) permits that could contribute to further excess harvesting capacity in those [fisheries](/usc/16/1802.md?p=13); and
      - (iii) potential sources of funding for such measures.
    - (B) **Basis for recommendations.—** The [Secretary](/usc/16/1802.md?p=39) shall base the recommendations made with respect to a [fishery](/usc/16/1802.md?p=13) on—
      - (i) the most cost effective means of achieving voluntary reduction in capacity for the [fishery](/usc/16/1802.md?p=13) using the potential for industry financing; and
      - (ii) including measures to prevent the capacity that is being removed from the [fishery](/usc/16/1802.md?p=13) from moving to other [fisheries](/usc/16/1802.md?p=13) in the [United States](/usc/16/1802.md?p=45), in the [waters of a foreign nation](/usc/16/1802.md?p=50), or on the [high seas](/usc/16/1802.md?p=20).
- (c) **Program funding—**
  - (1) The program may be funded by any combination of amounts—
    - (A) available under clause (iv) of [section 713c–3(b)(1)(A) of title 15](/usc/15/713c–3.md?p=b-1-A);
    - (B) appropriated for the purposes of this section;
    - (C) provided by an industry fee system established under [subsection (d)](#d) and in accordance with [section 53735 of title 46](/usc/46/53735.md); or
    - (D) provided from any [State](/usc/16/1802.md?p=40) or other public sources or private or non-profit organizations.
  - (2) All funds for the program, including any fees established under [subsection (d)](#d), shall be paid into the [fishing](/usc/16/1802.md?p=16) capacity reduction fund established under [section 53735 of title 46](/usc/46/53735.md).
- (d) **Industry fee system—**
  - (1)
    - (A) If an industry fee system is necessary to fund the program, the [Secretary](/usc/16/1802.md?p=39) may conduct a referendum on such system. Prior to the referendum, the [Secretary](/usc/16/1802.md?p=39) shall—
      - (i) identify, to the extent practicable, and notify all permit or vessel [owners](/usc/16/429b–3.md?p=4) who would be affected by the program; and
      - (ii) make available to such [owners](/usc/16/429b–3.md?p=4) information about the industry fee system describing the schedule, procedures, and eligibility requirements for the referendum, the proposed program, and the amount and duration and any other terms and conditions of the proposed fee system.
    - (B) The industry fee system shall be considered approved if the referendum votes which are cast in favor of the proposed system constitute at least a majority of the permit holders in the [fishery](/usc/16/1802.md?p=13), or 50 percent of the permitted allocation of the [fishery](/usc/16/1802.md?p=13), who participated in the [fishery](/usc/16/1802.md?p=13).
  - (2) Notwithstanding [section 1854(d) of this title](/usc/16/1854.md?p=d) and consistent with an approved industry fee system, the [Secretary](/usc/16/1802.md?p=39) is authorized to establish such a system to fund the program and repay debt obligations incurred pursuant to [section 53735 of title 46](/usc/46/53735.md). The fees for a program established under this section shall—
    - (A) be determined by the [Secretary](/usc/16/1802.md?p=39) and adjusted from time to time as the [Secretary](/usc/16/1802.md?p=39) considers necessary to ensure the availability of sufficient funds to repay such debt obligations;
    - (B) not exceed 5 percent of the ex-vessel value of all [fish](/usc/16/1802.md?p=12) harvested from the [fishery](/usc/16/1802.md?p=13) for which the program is established;
    - (C) be deducted by the first ex-vessel [fish](/usc/16/1802.md?p=12) purchaser from the proceeds otherwise payable to the seller and accounted for and forwarded by such [fish](/usc/16/1802.md?p=12) purchasers to the [Secretary](/usc/16/1802.md?p=39) in such manner as the [Secretary](/usc/16/1802.md?p=39) may establish, unless the [Secretary](/usc/16/1802.md?p=39) determines that such fees should be collected from the seller; and
    - (D) be in effect only until such time as the debt obligation has been fully paid.
- (e) **Implementation plan—**
  - (1) **Framework regulations—** The [Secretary](/usc/16/1802.md?p=39) shall propose and adopt framework regulations applicable to the implementation of all programs under this section.
  - (2) **Program regulations—** The [Secretary](/usc/16/1802.md?p=39) shall implement each program under this section by promulgating regulations that, together with the framework regulations, establish each program and control its implementation.
  - (3) **Harvester proponents’ implementation plan—** The [Secretary](/usc/16/1802.md?p=39) may not propose implementation regulations for a program to be paid for by an industry fee system until the harvester proponents of the program provide to the [Secretary](/usc/16/1802.md?p=39) a proposed implementation plan that, among other matters—
    - (A) proposes the types and numbers of vessels or permits that are eligible to participate in the program and the manner in which the program shall proceed, [taking](/usc/16/3102.md?p=18) into account—
      - (i) the requirements of this section;
      - (ii) the requirements of the framework regulations;
      - (iii) the characteristics of the [fishery](/usc/16/1802.md?p=13) and affected [fishing communities](/usc/16/1802.md?p=17);
      - (iv) the requirements of the applicable [fishery](/usc/16/1802.md?p=13) [management plan](/usc/16/544.md?p=k) and any amendment that such plan may require to support the proposed program;
      - (v) the general needs and desires of harvesters in the [fishery](/usc/16/1802.md?p=13);
      - (vi) the need to minimize program costs; and
      - (vii) other matters, including the manner in which such proponents propose to fund the program to ensure its cost effectiveness, as well as any relevant factors demonstrating the potential for, or necessary to obtain, the support and general cooperation of a substantial number of affected harvesters in the [fishery](/usc/16/1802.md?p=13) (or portion of the [fishery](/usc/16/1802.md?p=13)) for which the program is intended; and
    - (B) proposes procedures for program participation (such as submission of [owner](/usc/16/429b–3.md?p=4) bids under an auction system or fair market-value assessment), including any terms and conditions for participation, that the harvester proponents deem to be reasonably necessary to meet the program’s proposed objectives.
  - (4) **Participation contracts—** The [Secretary](/usc/16/1802.md?p=39) shall contract with each [person](/usc/16/1802.md?p=36) participating in a program, and each such contract shall, in [addition](/usc/16/410r–5.md?p=c-2) to including such other matters as the [Secretary](/usc/16/1802.md?p=39) deems necessary and appropriate to effectively implement each program (including penalties for contract non-performance) be consistent with the framework and implementing regulations and all other applicable law.
  - (5) **Reduction auctions—** Each program not involving fair market assessment shall involve a reduction auction that scores the reduction price of each bid offer by the data relevant to each bidder under an appropriate [fisheries](/usc/16/1802.md?p=13) productivity factor. If the [Secretary](/usc/16/1802.md?p=39) accepts bids, the [Secretary](/usc/16/1802.md?p=39) shall accept responsive bids in the rank order of their bid scores, starting with the bid whose reduction price is the lowest percentage of the productivity factor, and successively accepting each additional responsive bid in rank order until either there are no more responsive bids or acceptance of the next bid would cause the total value of bids accepted to exceed the amount of funds available for the program.
  - (6) **Bid invitations—** Each program shall proceed by the [Secretary](/usc/16/1802.md?p=39) issuing invitations to bid setting out the terms and conditions for participation consistent with the framework and implementing regulations. Each bid that the [Secretary](/usc/16/1802.md?p=39) receives in response to the invitation to bid shall constitute an irrevocable offer from the bidder.

## Footnotes

[^1]: So in original. Probably should be capitalized.

## Source credit

(Pub. L. 94–265, title III, § 312, as added Pub. L. 104–297, title I, § 116(a), Oct. 11, 1996, 110 Stat. 3600; amended Pub. L. 109–479, title I, § 112(a), Jan. 12, 2007, 120 Stat. 3598; Pub. L. 117–328, div. S, title II, § 202, Dec. 29, 2022, 136 Stat. 5261; Pub. L. 118–229, § 2, Jan. 4, 2025, 138 Stat. 2824.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (a)(1)(C)(ii)(II), 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.

### Codification

In subsecs. (b)(1)(C), (c)(1)(C), (2), and (d)(2), “section 53735 of title 46” substituted for “section 1111 of title XI of the Merchant Marine Act, 1936” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 53735 of Title 46, Shipping.

### Prior Provisions

A prior section 312 of Pub. L. 94–265, title III, Apr. 13, 1976, 90 Stat. 359, was set out as an Effective Date note under section 1857 of this title, prior to being amended generally by Pub. L. 104–297.

### Amendments

2025—Subsec. (a)(6)(D). Pub. L. 118–229, § 2(1), amended subpar. (D) generally. Prior to amendment, subpar. (D) related to spend plans.

Subsec. (a)(6)(F)(i). Pub. L. 118–229, § 2(2), amended cl. (i) generally. Prior to amendment, text read as follows: “Funds shall be made available to grantees not later than 90 days after the date the Secretary receives a complete spend plan.”

2022—Subsec. (a). Pub. L. 117–328 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to fisheries disaster relief.

2007—Subsec. (a)(1)(B). Pub. L. 109–479, § 112(a)(1), substituted “measures, including regulatory restrictions (including those imposed as a result of judicial action) imposed to protect human health or the marine environment;” for “measures;”.

Subsec. (a)(4). Pub. L. 109–479, § 112(a)(2), substituted “2007 through 2013.” for “1996, 1997, 1998, and 1999.”

Subsec. (b)(1). Pub. L. 109–479, § 112(a)(3), in introductory provisions, substituted “the Governor of a State for fisheries under State authority, or a majority of permit holders in the fishery, may conduct a voluntary fishing” for “or the Governor of a State for fisheries under State authority, may conduct a fishing”.

Subsec. (b)(1)(B)(i). Pub. L. 109–479, § 112(a)(4), inserted “practicable” after “entrants,”.

Subsec. (b)(1)(C). Pub. L. 109–479, § 112(a)(5), substituted “cost-effective and, in the instance of a program involving an industry fee system, prospectively” for “cost-effective and”.

Subsec. (b)(2)(A). Pub. L. 109–479, § 112(a)(6), added subpar. (A) and struck out former subpar. (A) which read as follows: “the owner of a fishing vessel, if such vessel is (i) scrapped, or (ii) through the Secretary of the department in which the Coast Guard is operating, subjected to title restrictions that permanently prohibit and effectively prevent its use in fishing, and if the permit authorizing the participation of the vessel in the fishery is surrendered for permanent revocation and the owner relinquishes any claim associated with the vessel and permit that could qualify such owner for any present or future limited access system permit in the fishery for which the program is established; or”.

Subsec. (b)(4). Pub. L. 109–479, § 112(a)(7), substituted “The harvester proponents of each program and the Secretary shall consult, as appropriate and practicable, with Councils,” for “The Secretary shall consult, as appropriate, with Councils,”.

Subsec. (b)(5), (6). Pub. L. 109–479, § 112(a)(8), added pars. (5) and (6).

Subsec. (d)(1)(A). Pub. L. 109–479, § 112(a)(9), (10), in introductory provisions, substituted “Secretary” for “Secretary, at the request of the appropriate Council,” before “may conduct” and “Secretary” for “Secretary, in consultation with the Council,” before “shall—”.

Subsec. (d)(1)(B). Pub. L. 109–479, § 112(a)(11), substituted “at least a majority of the permit holders in the fishery, or 50 percent of the permitted allocation of the fishery, who participated in the fishery.” for “a two-thirds majority of the participants voting.”

Subsec. (d)(2)(C). Pub. L. 109–479, § 112(a)(12), substituted “establish, unless the Secretary determines that such fees should be collected from the seller;” for “establish;”.

Subsec. (e). Pub. L. 109–479, § 112(a)(13), added subsec. (e) and struck out former subsec. (e) which related to implementation plan.

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 109–479, title I, § 112(b), Jan. 12, 2007, 120 Stat. 3601, provided that: “Sections 116, 203, 204, 205, and 206 of the Sustainable Fisheries Act [Pub. L. 104–297, see Tables for classification] are deemed to have added sections 312, 402, 403, 404, and 405 [16 U.S.C. 1861a, 1881a to 1881d], respectively to the Act [Pub. L. 94–265] as of the date of enactment of the Sustainable Fisheries Act [Oct. 11, 1996].”

### Budget Request for Department of Commerce

Pub. L. 117–328, div. S, title II, § 205(a), Dec. 29, 2022, 136 Stat. 5270, provided that: “In the budget justification materials submitted to Congress in support of the budget of the Department of Commerce for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the Secretary of Commerce shall include a separate statement of the amount for each outstanding unfunded fishery resource disasters.”

### Study of Federal Investment in Fisheries

Pub. L. 104–297, title I, § 116(b), Oct. 11, 1996, 110 Stat. 3603, 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, required the Secretary of Commerce to establish a task force comprised of interested parties to study and report to Congress within 2 years of Oct. 11, 1996, on the role of the Federal Government in subsidizing the expansion and contraction of fishing capacity in fishing fleets managed under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and otherwise influencing the aggregate capital investments in fisheries.