---
kind: "section"
citation: "16 U.S.C. § 1862"
title: "16"
title_heading: "Conservation"
number: "1862"
heading: "North Pacific fisheries conservation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1862"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter IV — National Fishery Management Program"
---

# §1862. North Pacific fisheries conservation

- (a) **In general—** The North Pacific [Council](/usc/16/1802.md?p=8) may prepare, in consultation with the [Secretary](/usc/16/1802.md?p=39), a [fisheries](/usc/16/1802.md?p=13) research plan for any [fishery](/usc/16/1802.md?p=13) under the [Council](/usc/16/1802.md?p=8)’s jurisdiction except a salmon [fishery](/usc/16/1802.md?p=13) which—
  - (1) requires that [observers](/usc/16/1802.md?p=31) be stationed on [fishing vessels](/usc/16/1802.md?p=18) engaged in the catching, [taking](/usc/16/3102.md?p=18), or harvesting of [fish](/usc/16/1802.md?p=12) and on [United States fish processors](/usc/16/1802.md?p=46) [fishing](/usc/16/1802.md?p=16) for or processing species under the jurisdiction of the [Council](/usc/16/1802.md?p=8), including the Northern Pacific halibut [fishery](/usc/16/1802.md?p=13), for the purpose of collecting data necessary for the conservation, management, and scientific understanding of any [fisheries](/usc/16/1802.md?p=13) under the [Council](/usc/16/1802.md?p=8)’s jurisdiction; and
  - (2) establishes a system, or system,[^1] of fees, which may vary by [fishery](/usc/16/1802.md?p=13), management [area](/usc/16/539m–1.md?p=1-A), or [observer](/usc/16/1802.md?p=31) coverage level, to pay for the cost of implementing the plan.
- (b) **Standards—**
  - (1) Any plan or plan amendment prepared under this section shall be reasonably calculated to—
    - (A) gather reliable data, by stationing [observers](/usc/16/1802.md?p=31) on all or a statistically reliable sample of the [fishing vessels](/usc/16/1802.md?p=18) and [United States fish processors](/usc/16/1802.md?p=46) included in the plan, necessary for the conservation, management, and scientific understanding of the [fisheries](/usc/16/1802.md?p=13) covered by the plan;
    - (B) be fair and equitable to all vessels and processors;
    - (C) be consistent with applicable provisions of law; and
    - (D) [take](/usc/16/3102.md?p=18) into consideration the operating requirements of the [fisheries](/usc/16/1802.md?p=13) and the safety of [observers](/usc/16/1802.md?p=31) and fishermen.
  - (2) Any system of fees established under this section shall—
    - (A) provide that the total amount of fees collected under this section not exceed the combined cost of (i) stationing [observers](/usc/16/1802.md?p=31), or electronic monitoring systems, on board [fishing vessels](/usc/16/1802.md?p=18) and [United States fish processors](/usc/16/1802.md?p=46), (ii) the actual cost of inputting collected data, and (iii) assessments necessary for a risk-sharing pool implemented under [subsection (e)](#e) of this section, less any amount received for such purpose from another source or from an existing surplus in the North Pacific [Fishery](/usc/16/1802.md?p=13) [Observer](/usc/16/1802.md?p=31) Fund established in [subsection (d)](#d) of this section;
    - (B) be fair and equitable to all participants in the [fisheries](/usc/16/1802.md?p=13) under the jurisdiction of the [Council](/usc/16/1802.md?p=8), including the Northern Pacific halibut [fishery](/usc/16/1802.md?p=13);
    - (C) provide that fees collected not be used to pay any costs of administrative overhead or other costs not directly incurred in carrying out the plan;
    - (D) not be used to offset amounts authorized under other provisions of law;
    - (E) be expressed as a fixed amount reflecting actual [observer](/usc/16/1802.md?p=31) costs as described in [subparagraph (A)](#b-2-A) or a percentage, not to exceed 2 percent, of the unprocessed ex-vessel value of [fish](/usc/16/1802.md?p=12) and shellfish harvested under the jurisdiction of the [Council](/usc/16/1802.md?p=8), including the Northern Pacific halibut [fishery](/usc/16/1802.md?p=13);
    - (F) be assessed against some or all [fishing vessels](/usc/16/1802.md?p=18) and [United States fish processors](/usc/16/1802.md?p=46), including those not required to carry an [observer](/usc/16/1802.md?p=31) or an electronic monitoring system under the plan, participating in [fisheries](/usc/16/1802.md?p=13) under the jurisdiction of the [Council](/usc/16/1802.md?p=8), including the Northern Pacific halibut [fishery](/usc/16/1802.md?p=13);
    - (G) provide that fees collected will be deposited in the North Pacific [Fishery](/usc/16/1802.md?p=13) [Observer](/usc/16/1802.md?p=31) Fund established under [subsection (d)](#d) of this section;
    - (H) provide that fees collected will only be used for implementing the plan established under this section;
    - (I) provide that fees collected will be credited against any fee for stationing [observers](/usc/16/1802.md?p=31) or electronic monitoring systems on board [fishing vessels](/usc/16/1802.md?p=18) and [United States fish processors](/usc/16/1802.md?p=46) and the actual cost of inputting collected data to which a [fishing vessel](/usc/16/1802.md?p=18) or [fish](/usc/16/1802.md?p=12) processor is subject under [section 1854(d) of this title](/usc/16/1854.md?p=d); and
    - (J) meet the requirements of [section 9701(b) of title 31](/usc/31/9701.md?p=b).
- (c) **Action by Secretary—**
  - (1) Within 60 days after receiving a plan or plan amendment from the North Pacific [Council](/usc/16/1802.md?p=8) under this section, the [Secretary](/usc/16/1802.md?p=39) shall review such plan or plan amendment and either (A) remand such plan or plan amendment to the [Council](/usc/16/1802.md?p=8) with comments if it does not meet the requirements of this section, or (B) publish in the Federal Register proposed regulations for implementing such plan or plan amendment.
  - (2) During the 60-day public comment period, the [Secretary](/usc/16/1802.md?p=39) shall conduct a public hearing in each [State](/usc/16/1802.md?p=40) represented on the [Council](/usc/16/1802.md?p=8) for the purpose of receiving public comments on the proposed regulations.
  - (3) Within 45 days of the close of the public comment period, the [Secretary](/usc/16/1802.md?p=39), in consultation with the [Council](/usc/16/1802.md?p=8), shall analyze the public comment received and publish final regulations for implementing such plan.
  - (4) If the [Secretary](/usc/16/1802.md?p=39) remands a plan or plan amendment to the [Council](/usc/16/1802.md?p=8) for failure to meet the requirements of this section, the [Council](/usc/16/1802.md?p=8) may resubmit such plan or plan amendment at any time after [taking](/usc/16/3102.md?p=18) action the [Council](/usc/16/1802.md?p=8) believes will address the defects identified by the [Secretary](/usc/16/1802.md?p=39). Any plan or plan amendment resubmitted to the [Secretary](/usc/16/1802.md?p=39) will be treated as an original plan submitted to the [Secretary](/usc/16/1802.md?p=39) under paragraph (1) of this subsection.
- (d) **Fishery Observer Fund—** There is established in the Treasury a North Pacific [Fishery](/usc/16/1802.md?p=13) [Observer](/usc/16/1802.md?p=31) Fund. The Fund shall be available, without appropriation or fiscal year limitation, only to the [Secretary](/usc/16/1802.md?p=39) for the purpose of carrying out the provisions of this section, subject to the restrictions in [subsection (b)(2)](#b-2) of this section. The Fund shall consist of all monies deposited into it in accordance with this section. Sums in the Fund that are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the [United States](/usc/16/1802.md?p=45).
- (e) **Special provisions regarding observers—**
  - (1) The [Secretary](/usc/16/1802.md?p=39) shall review—
    - (A) the feasibility of establishing a risk sharing pool through a reasonable fee, subject to the limitations of [subsection (b)(2)(E)](#b-2-E) of this section, to provide coverage for vessels and [owners](/usc/16/429b–3.md?p=4) against liability from civil suits by [observers](/usc/16/1802.md?p=31), and
    - (B) the availability of comprehensive commercial insurance for vessel and [owner](/usc/16/429b–3.md?p=4) liability against civil suits by [observers](/usc/16/1802.md?p=31).
  - (2) If the [Secretary](/usc/16/1802.md?p=39) determines that a risk sharing pool is feasible, the [Secretary](/usc/16/1802.md?p=39) shall establish such a pool, subject to the provisions of [subsection (b)(2)](#b-2) of this section, unless the [Secretary](/usc/16/1802.md?p=39) determines that—
    - (A) comprehensive commercial insurance is available for all [fishing vessels](/usc/16/1802.md?p=18) and [United States fish processors](/usc/16/1802.md?p=46) required to have [observers](/usc/16/1802.md?p=31) under the provisions of this section, and
    - (B) such comprehensive commercial insurance will provide a greater measure of coverage at a lower cost to each participant.
- (f) **Bycatch reduction—** In implementing [section 1853(a)(11) of this title](/usc/16/1853.md?p=a-11) and this section, the North Pacific [Council](/usc/16/1802.md?p=8) shall submit [conservation and management](/usc/16/1802.md?p=5) measures to lower, on an annual basis for a period of not less than four years, the total amount of [economic discards](/usc/16/1802.md?p=9) occurring in the [fisheries](/usc/16/1802.md?p=13) under its jurisdiction.
- (g) **Bycatch reduction incentives—**
  - (1) Notwithstanding [section 1854(d) of this title](/usc/16/1854.md?p=d), the North Pacific [Council](/usc/16/1802.md?p=8) may submit, and the [Secretary](/usc/16/1802.md?p=39) may approve, consistent with the provisions of this chapter, a system of fines in a [fishery](/usc/16/1802.md?p=13) to provide incentives to reduce [bycatch](/usc/16/1802.md?p=2) and [bycatch](/usc/16/1802.md?p=2) rates; except that such fines shall not exceed $25,000 per vessel per season. Any fines collected shall be deposited in the North Pacific [Fishery](/usc/16/1802.md?p=13) [Observer](/usc/16/1802.md?p=31) Fund, and may be made available by the [Secretary](/usc/16/1802.md?p=39) to offset costs related to the reduction of [bycatch](/usc/16/1802.md?p=2) in the [fishery](/usc/16/1802.md?p=13) from which such fines were derived, including [conservation and management](/usc/16/1802.md?p=5) measures and research, and to the [State](/usc/16/1802.md?p=40) of Alaska to offset costs incurred by the [State](/usc/16/1802.md?p=40) in the [fishery](/usc/16/1802.md?p=13) from which such penalties were derived or in [fisheries](/usc/16/1802.md?p=13) in which the [State](/usc/16/1802.md?p=40) is directly involved in management or enforcement and which are directly affected by the [fishery](/usc/16/1802.md?p=13) from which such penalties were derived.
  - (2)
    - (A) Notwithstanding [section 1853(d) of this title](/usc/16/1853.md), and in [addition](/usc/16/410r–5.md?p=c-2) to the authority provided in [section 1853(b)(10) of this title](/usc/16/1853.md?p=b-10), the North Pacific [Council](/usc/16/1802.md?p=8) may submit, and the [Secretary](/usc/16/1802.md?p=39) may approve, [conservation and management](/usc/16/1802.md?p=5) measures which provide allocations of [regulatory discards](/usc/16/1802.md?p=38) to individual [fishing vessels](/usc/16/1802.md?p=18) as an incentive to reduce per vessel [bycatch](/usc/16/1802.md?p=2) and [bycatch](/usc/16/1802.md?p=2) rates in a [fishery](/usc/16/1802.md?p=13), Provided, That—
      - (i) such allocations may not be transferred for monetary consideration and are made only on an annual basis; and
      - (ii) any such [conservation and management](/usc/16/1802.md?p=5) measures will meet the requirements of [subsection (h)](#h) and will result in an actual reduction in [regulatory discards](/usc/16/1802.md?p=38) in the [fishery](/usc/16/1802.md?p=13).
    - (B) The North Pacific [Council](/usc/16/1802.md?p=8) may submit restrictions in [addition](/usc/16/410r–5.md?p=c-2) to the restriction imposed by [clause (i)](#g-2-A-i) of subparagraph (A) on the transferability of any such allocations, and the [Secretary](/usc/16/1802.md?p=39) may approve such recommendation.
- (h) **Catch measurement—**
  - (1) By June 1, 1997 the North Pacific [Council](/usc/16/1802.md?p=8) shall submit, and the [Secretary](/usc/16/1802.md?p=39) may approve, consistent with the other provisions of this chapter, [conservation and management](/usc/16/1802.md?p=5) measures to ensure total catch measurement in each [fishery](/usc/16/1802.md?p=13) under the jurisdiction of such [Council](/usc/16/1802.md?p=8). Such measures shall ensure the accurate enumeration, at a minimum, of target species, [economic discards](/usc/16/1802.md?p=9), and [regulatory discards](/usc/16/1802.md?p=38).
  - (2) To the extent the measures submitted under [paragraph (1)](#h-1) do not require [United States fish processors](/usc/16/1802.md?p=46) and [fish](/usc/16/1802.md?p=12) processing vessels (as defined in [chapter 21](/usc/46/chstII/ptA/ch21.md) of title 46) to weigh [fish](/usc/16/1802.md?p=12), the North Pacific [Council](/usc/16/1802.md?p=8) and the [Secretary](/usc/16/1802.md?p=39) shall submit a plan to the Congress by January 1, 1998, to allow for weighing, including recommendations to assist such processors and processing vessels in acquiring necessary equipment, unless the [Council](/usc/16/1802.md?p=8) determines that such weighing is not necessary to meet the requirements of this subsection.
- (i) **Full retention and utilization—**
  - (1) The North Pacific [Council](/usc/16/1802.md?p=8) shall submit to the [Secretary](/usc/16/1802.md?p=39) by October 1, 1998 a report on the advisability of requiring the full retention by [fishing vessels](/usc/16/1802.md?p=18) and full utilization by [United States fish processors](/usc/16/1802.md?p=46) of [economic discards](/usc/16/1802.md?p=9) in [fisheries](/usc/16/1802.md?p=13) under its jurisdiction if such [economic discards](/usc/16/1802.md?p=9), or the mortality of such [economic discards](/usc/16/1802.md?p=9), cannot be avoided. The report shall address the projected impacts of such requirements on participants in the [fishery](/usc/16/1802.md?p=13) and describe any full retention and full utilization requirements that have been implemented.
  - (2) The report shall address the advisability of measures to minimize processing waste, including standards setting minimum percentages which must be processed for human consumption. For the purpose of the report, “processing waste” means that portion of any [fish](/usc/16/1802.md?p=12) which is processed and which could be used for human consumption or other commercial use, but which is not so used.
- (j) **Bering Sea and Aleutian Islands crab rationalization—**
  - (1) By not later than January 1, 2005, the [Secretary](/usc/16/1802.md?p=39) shall approve and hereafter[^2] implement by regulation the Voluntary Three-Pie Cooperative Program for crab [fisheries](/usc/16/1802.md?p=13) of the Bering Sea and Aleutian Islands approved by the North Pacific [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/1802.md?p=8) between June 2002 and April 2003, and all trailing amendments including those reported to Congress on May 6, 2003. This section shall not preclude the [Secretary](/usc/16/1802.md?p=39) from approving by January 1, 2005, and implementing any subsequent program amendments approved by the [Council](/usc/16/1802.md?p=8).
  - (2) Notwithstanding any other provision of this chapter, in carrying out [paragraph (1)](#j-1) the [Secretary](/usc/16/1802.md?p=39) shall approve all parts of the Program referred to in such paragraph. Further, no part of such Program may be implemented if, as approved by the North Pacific [Fishery](/usc/16/1802.md?p=13) Management [Council](/usc/16/1802.md?p=8), [individual fishing quotas](/usc/16/1802.md?p=23), processing quotas, community development quota allocation, voluntary cooperatives, binding arbitration, regional landing and processing requirements, community protections, economic data collection, or the loan program for crab [fishing vessel](/usc/16/1802.md?p=18) captains and crew members, is invalidated subject to a judicial determination not subject to judicial appeal. If the [Secretary](/usc/16/1802.md?p=39) determines that a processor has leveraged its Individual Processor Quota shares to [acquire](/usc/16/620e.md?p=1) a harvesters open-delivery “B shares”, the processor’s Individual Processor Quota shares shall be forfeited.
  - (3) Subsequent to implementation pursuant to [paragraph (1)](#j-1), the [Council](/usc/16/1802.md?p=8) may submit and the [Secretary](/usc/16/1802.md?p=39) may implement changes to or repeal of [conservation and management](/usc/16/1802.md?p=5) measures, including measures authorized in this section, for crab [fisheries](/usc/16/1802.md?p=13) of the Bering Sea and Aleutian Islands in accordance with applicable law, including this chapter as amended by this subsection, to achieve on a continuing basis the purposes identified by the [Council](/usc/16/1802.md?p=8).
  - (4) The loan program referred to in [paragraph (2)](#j-2) shall be carried out pursuant to the authority of sections 53735 and 53702(b) of title 46.
  - (5) For purposes of implementing this section $1,000,000 shall be made available each year until fully implemented from funds otherwise made available to the National Marine [Fisheries](/usc/16/1802.md?p=13) Service for Alaska [fisheries](/usc/16/1802.md?p=13) activities.
  - (6) Nothing in this chapter shall constitute a waiver, either express or implied, of the antitrust laws of the [United States](/usc/16/1802.md?p=45). The [Secretary](/usc/16/1802.md?p=39), in consultation with the Department of Justice and the Federal Trade [Commission](/usc/16/544.md?p=c), shall develop and implement a mandatory information collection and review process to provide any and all information necessary for the Department of Justice and the Federal Trade [Commission](/usc/16/544.md?p=c) to determine whether any illegal acts of anti-competition, anti-[trust](/usc/16/450ss–1.md?p=4), or price collusion have occurred among [persons](/usc/16/1802.md?p=36) receiving individual processing quotas under the Program. The [Secretary](/usc/16/1802.md?p=39) may revoke any individual processing quota held by any [person](/usc/16/1802.md?p=36) found to have violated a provision of the antitrust laws of the [United States](/usc/16/1802.md?p=45).
  - (7) An individual processing quota issued under the Program shall be considered a permit for the purposes of sections [1857](/usc/16/1857.md), [1858](/usc/16/1858.md), and [1859](/usc/16/1859.md) of this title, and may be revoked or limited at any time in accordance with this chapter. Issuance of an individual processing quota under the program shall not confer any right of compensation to the holder of such individual processing quota if it is revoked or limited and shall not create, or be construed to create, any right, title, or interest in or to any [fish](/usc/16/1802.md?p=12) before the [fish](/usc/16/1802.md?p=12) is purchased from an [individual fishing quota](/usc/16/1802.md?p=23) holder.
  - (8) The restriction on the collection of economic data in [section 1853 of this title](/usc/16/1853.md) shall not apply with respect to any [fish](/usc/16/1802.md?p=12) processor who is eligible for, or who has received, individual processing quota under the Program. The restriction on the disclosure of information in [section 1881a(b)(1) of this title](/usc/16/1881a.md?p=b-1) shall not apply when the information is used to determine eligibility for or compliance with an individual processing quota program.
  - (9) The provisions of sections [1858](/usc/16/1858.md), [1860](/usc/16/1860.md), and [1861](/usc/16/1861.md) of this title shall apply to the processing facilities and [fish](/usc/16/1802.md?p=12) products of any [person](/usc/16/1802.md?p=36) holding individual processing quota, and the provisions of subparagraphs [(D)](/usc/16/1857.md), [(E)](/usc/16/1857.md), and [(L)](/usc/16/1857.md) of section 1857(l)[^3] of this title shall apply to any facility owned or controlled by a [person](/usc/16/1802.md?p=36) holding individual processing quota.

## Footnotes

[^1]: So in original.
[^2]: See References in Text note below.
[^3]: So in original. Probably should be section “1857(1)”.

## Source credit

(Pub. L. 94–265, title III, § 313, as added Pub. L. 101–627, title I, § 118(a), Nov. 28, 1990, 104 Stat. 4457; amended Pub. L. 102–582, title IV, § 404, Nov. 2, 1992, 106 Stat. 4909; Pub. L. 104–297, title I, § 117(a), Oct. 11, 1996, 110 Stat. 3603; Pub. L. 108–199, div. B, title VIII, § 801, Jan. 23, 2004, 118 Stat. 108; Pub. L. 109–479, title II, § 214, Jan. 12, 2007, 120 Stat. 3619.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (g)(1), (h)(1), and (j)(2), (3), (6), (7), 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.

Hereafter, referred to in subsec. (j)(1), probably means on and after the date of enactment of Pub. L. 108–199, which enacted subsec. (j) of this section and was approved Jan. 23, 2004.

### Codification

In subsec. (j)(4), “sections 53735 and 53702(b) of title 46” substituted for “sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g)” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted sections 53702 and 53735 of Title 46, Shipping.

### Amendments

2007—Subsec. (a). Pub. L. 109–479, § 214(1), substituted “any fishery under the Council’s jurisdiction except a salmon fishery” for “all fisheries under the Council’s jurisdiction except salmon fisheries” in introductory provisions.

Subsec. (a)(2). Pub. L. 109–479, § 214(2), added par. (2) and struck out former par. (2) which read as follows: “establishes a system of fees to pay for the costs of implementing the plan.”

Subsec. (b)(2)(A). Pub. L. 109–479, § 214(3), substituted “observers, or electronic monitoring systems,” for “observers”.

Subsec. (b)(2)(E). Pub. L. 109–479, § 214(4), inserted “a fixed amount reflecting actual observer costs as described in subparagraph (A) or” after “expressed as”.

Subsec. (b)(2)(F). Pub. L. 109–479, § 214(5), (6), inserted “some or” after “against” and “or an electronic monitoring system” after “observer”.

Subsec. (b)(2)(I), (J). Pub. L. 109–479, § 214(7), (8), added subpar. (I) and redesignated former subpar. (I) as (J).

2004—Subsec. (j). Pub. L. 108–199 added subsec. (j).

1996—Pub. L. 104–297, § 117(a)(1), substituted “conservation” for “research plan” in section catchline.

Subsec. (a). Pub. L. 104–297, § 117(a)(2), substituted “North Pacific Council” for “North Pacific Fishery Management Council” in introductory provisions.

Subsecs. (f) to (i). Pub. L. 104–297, § 117(a)(3), added subsecs. (f) to (i).

1992—Subsec. (b)(2)(E). Pub. L. 102–582 substituted “2 percent, of the unprocessed ex-vessel” for “one percentum, of the”.

### Statutory Notes and Related Subsidiaries

### Fees

Pub. L. 117–328, div. S, title I, § 106, Dec. 29, 2022, 136 Stat. 5260, provided that: In General.—The North Pacific Fishery Management Council may recommend, and the Secretary of Commerce may approve, regulations necessary for the collection of fees from charter vessel operators who guide recreational anglers who harvest Pacific halibut in International Pacific Halibut Commission regulatory areas 2C and 3A as those terms are defined in part 300 of title 50, Code of Federal Regulations (or any successor regulations). Use of Fees.—Any fees collected under this section shall be available for the purposes of— financing administrative costs of the Recreational Quota Entity program; the purchase of halibut quota shares in International Pacific Halibut Commission regulatory areas 2C and 3A by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations); halibut conservation and research; and promotion of the halibut resource by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations). Limitation on Collection and Availability.—Fees shall be collected and available pursuant to this section only to the extent and in such amounts as provided in advance in appropriations Acts, subject to subsection (d). Fee Collected During Start-up Period.—Notwithstanding subsection (c), fees may be collected through the date of enactment of an Act making appropriations for the activities authorized under this Act [div. S of Pub. L. 117–328] through September 30, 2023, and shall be available for obligation and remain available until expended.”