-CITE- 16 USC CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT -HEAD- CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT -MISC1- SUBCHAPTER I - GENERALLY Sec. 1801. Findings, purposes and policy. 1802. Definitions. 1803. Authorization of appropriations. SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES 1811. United States sovereign rights to fish and fishery management authority. 1812. Highly migratory species. 1813. Omitted. SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS 1821. Foreign fishing. 1822. International fishery agreements. 1823. Congressional oversight of international fishery agreements. 1824. Permits for foreign fishing. 1825. Import prohibitions. 1826. Large-scale driftnet fishing. 1826a. Denial of port privileges and sanctions for high seas large-scale driftnet fishing. 1826b. Duration of denial of port privileges and sanctions. 1826c. Definitions. 1826d. Prohibition. 1826e. Negotiations. 1826f. Certification. 1826g. Enforcement. 1826h. Biennial report on international compliance. 1826i. Action to strengthen international fishery management organizations. 1826j. Illegal, unreported, or unregulated fishing. 1826k. Equivalent conservation measures. 1827. Observer program regarding certain foreign fishing. 1828. Foreign fishing incursions. 1829. International monitoring and compliance. SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM 1851. National standards for fishery conservation and management. 1852. Regional Fishery Management Councils. 1853. Contents of fishery management plans. 1853a. Limited access privilege programs. 1854. Action by Secretary. 1855. Other requirements and authority. 1856. State jurisdiction. 1857. Prohibited acts. 1858. Civil penalties and permit sanctions. 1859. Criminal offenses. 1860. Civil forfeitures. 1861. Enforcement. 1861a. Transition to sustainable fisheries. 1861b. Fisheries enforcement plans and reporting. 1862. North Pacific fisheries conservation. 1863. Northwest Atlantic Ocean Fisheries Reinvestment Program. 1864. Regional coastal disaster assistance, transition, and recovery program. 1865. Bycatch reduction engineering program. 1866. Shark feeding. 1867. Cooperative research and management program. 1868. Herring study. 1869. Restoration study. SUBCHAPTER V - FISHERY MONITORING AND RESEARCH 1881. Registration and information management. 1881a. Information collection. 1881b. Observers. 1881c. Fisheries research. 1881d. Incidental harvest research. 1882. Fisheries systems research. 1883. Gulf of Mexico red snapper research. 1884. Deep sea coral research and technology program. SUBCHAPTER VI - MISCELLANEOUS 1891. Investment in United States seafood processing facilities. 1891a. Community-based restoration program for fishery and coastal habitats. 1891b. Fisheries Conservation and Management Fund. 1891c. United States catch history. 1891d. Secretarial representative for international fisheries. -End- -CITE- 16 USC SUBCHAPTER I - GENERALLY 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT SUBCHAPTER I - GENERALLY -HEAD- SUBCHAPTER I - GENERALLY -End- -CITE- 16 USC Sec. 1801 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT SUBCHAPTER I - GENERALLY -HEAD- Sec. 1801. Findings, purposes and policy -STATUTE- (a) Findings The Congress finds and declares the following: (1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities. (2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels. (3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen. (4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effective international agreement on fishery management jurisdiction can be negotiated, signed, ratified, and implemented. (5) Fishery resources are finite but renewable. If placed under sound management before overfishing has caused irreversible effects, the fisheries can be conserved and maintained so as to provide optimum yields on a continuing basis. (6) A national program for the conservation and management of the fishery resources of the United States is necessary to prevent overfishing, to rebuild overfished stocks, to insure conservation, to facilitate long-term protection of essential fish habitats, and to realize the full potential of the Nation's fishery resources. (7) A national program for the development of fisheries which are underutilized or not utilized by the United States fishing industry, including bottom fish off Alaska, is necessary to assure that our citizens benefit from the employment, food supply, and revenue which could be generated thereby. (8) The collection of reliable data is essential to the effective conservation, management, and scientific understanding of the fishery resources of the United States. (9) One of the greatest long-term threats to the viability of commercial and recreational fisheries is the continuing loss of marine, estuarine, and other aquatic habitats. Habitat considerations should receive increased attention for the conservation and management of fishery resources of the United States. (10) Pacific Insular Areas contain unique historical, cultural, legal, political, and geographical circumstances which make fisheries resources important in sustaining their economic growth. (11) A number of the Fishery Management Councils have demonstrated significant progress in integrating ecosystem considerations in fisheries management using the existing authorities provided under this chapter. (12) International cooperation is necessary to address illegal, unreported, and unregulated fishing and other fishing practices which may harm the sustainability of living marine resources and disadvantage the United States fishing industry. (b) Purposes It is therefore declared to be the purposes of the Congress in this chapter - (1) to take immediate action to conserve and manage the fishery resources found off the coasts of the United States, and the anadromous species and Continental Shelf fishery resources of the United States, by exercising (A) sovereign rights for the purposes of exploring, exploiting, conserving, and managing all fish, within the exclusive economic zone established by Presidential Proclamation 5030, dated March 10, 1983, and (B) exclusive fishery management authority beyond the exclusive economic zone over such anadromous species and Continental Shelf fishery resources; (2) to support and encourage the implementation and enforcement of international fishery agreements for the conservation and management of highly migratory species, and to encourage the negotiation and implementation of additional such agreements as necessary; (3) to promote domestic commercial and recreational fishing under sound conservation and management principles, including the promotion of catch and release programs in recreational fishing; (4) to provide for the preparation and implementation, in accordance with national standards, of fishery management plans which will achieve and maintain, on a continuing basis, the optimum yield from each fishery; (5) to establish Regional Fishery Management Councils to exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of such plans under circumstances (A) which will enable the States, the fishing industry, consumer and environmental organizations, and other interested persons to participate in, and advise on, the establishment and administration of such plans, and (B) which take into account the social and economic needs of the States; (6) to encourage the development by the United States fishing industry of fisheries which are currently underutilized or not utilized by United States fishermen, including bottom fish off Alaska, and to that end, to ensure that optimum yield determinations promote such development in a non-wasteful manner; and (7) to promote the protection of essential fish habitat in the review of projects conducted under Federal permits, licenses, or other authorities that affect or have the potential to affect such habitat. (c) Policy It is further declared to be the policy of the Congress in this chapter - (1) to maintain without change the existing territorial or other ocean jurisdiction of the United States for all purposes other than the conservation and management of fishery resources, as provided for in this chapter; (2) to authorize no impediment to, or interference with, recognized legitimate uses of the high seas, except as necessary for the conservation and management of fishery resources, as provided for in this chapter; (3) to assure that the national fishery conservation and management program utilizes, and is based upon, the best scientific information available; involves, and is responsive to the needs of, interested and affected States and citizens; considers efficiency; draws upon Federal, State, and academic capabilities in carrying out research, administration, management, and enforcement; considers the effects of fishing on immature fish and encourages development of practical measures that minimize bycatch and avoid unnecessary waste of fish; and is workable and effective; (4) to permit foreign fishing consistent with the provisions of this chapter; (5) to support and encourage active United States efforts to obtain internationally acceptable agreements which provide for effective conservation and management of fishery resources, and to secure agreements to regulate fishing by vessels or persons beyond the exclusive economic zones of any nation; (6) to foster and maintain the diversity of fisheries in the United States; and (7) to ensure that the fishery resources adjacent to a Pacific Insular Area, including resident or migratory stocks within the exclusive economic zone adjacent to such areas, be explored, developed, conserved, and managed for the benefit of the people of such area and of the United States. -SOURCE- (Pub. L. 94-265, Sec. 2, Apr. 13, 1976, 90 Stat. 331; Pub. L. 95- 354, Sec. 2, Aug. 28, 1978, 92 Stat. 519; Pub. L. 96-561, title II, Sec. 233, Dec. 22, 1980, 94 Stat. 3299; Pub. L. 99-659, title I, Sec. 101(c)(1), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101-627, title I, Sec. 101, Nov. 28, 1990, 104 Stat. 4437; Pub. L. 102-251, title III, Sec. 301(a), Mar. 9, 1992, 106 Stat. 62; Pub. L. 104- 297, title I, Sec. 101, Oct. 11, 1996, 110 Stat. 3560; Pub. L. 109- 479, Sec. 3(a), title IV, Sec. 402, Jan. 12, 2007, 120 Stat. 3577, 3626.) -STATAMEND- AMENDMENT OF SUBSECTION (B)(1) Pub. L. 102-251, title III, Secs. 301(a), 308, Mar. 9, 1992, 106 Stat. 62, 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, subsection (b)(1) is amended by inserting ", and fishery resources in the special areas" before the semicolon at the end. -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(11), (b), and (c), was in the original "this Act", meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as amended, 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 below and Tables. Presidential Proclamation 5030, referred to in subsec. (b)(1), is set out under section 1453 of this title. -MISC1- AMENDMENTS 2007 - Subsec. (a)(11). Pub. L. 109-479, Sec. 3(a), added par. (11). Subsec. (a)(12). Pub. L. 109-479, Sec. 402, added par. (12). 1996 - Subsec. (a)(2). Pub. L. 104-297, Sec. 101(1), added par. (2) and struck out former par. (2) which read as follows: "As a consequence of increased fishing pressure and because of the inadequacy of fishery conservation and management practices and controls (A) certain stocks of such fish have been overfished to the point where their survival is threatened, and (B) other such stocks have been so substantially reduced in number that they could become similarly threatened." Subsec. (a)(6). Pub. L. 104-297, Sec. 101(2), inserted "to facilitate long-term protection of essential fish habitats," after "to insure conservation,". Subsec. (a)(9), (10). Pub. L. 104-297, Sec. 101(3), added pars. (9) and (10). Subsec. (b)(3). Pub. L. 104-297, Sec. 101(4), substituted "principles, including the promotion of catch and release programs in recreational fishing" for "principles". Subsec. (b)(5). Pub. L. 104-297, Sec. 101(5), struck out "and" after semicolon at end. Subsec. (b)(6). Pub. L. 104-297, Sec. 101(6), substituted "development in a non-wasteful manner; and" for "development." Subsec. (b)(7). Pub. L. 104-297, Sec. 101(7), added par. (7). Subsec. (c)(3). Pub. L. 104-297, Sec. 101(8), substituted "considers efficiency" for "promotes efficiency" and inserted "minimize bycatch and" after "practical measures that". Subsec. (c)(7). Pub. L. 104-297, Sec. 101(9)-(11), added par. (7). 1990 - Subsec. (a)(8). Pub. L. 101-627, Sec. 101(a), added par. (8). Subsec. (b)(1)(A). Pub. L. 101-627, Sec. 101(b)(1), struck out "except highly migratory species" after "fish". Subsec. (b)(5). Pub. L. 101-627, Sec. 101(b)(2), substituted "exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of" for "prepare, monitor, and revise". Subsec. (c)(3). Pub. L. 101-627, Sec. 101(c)(1), inserted "considers the effects of fishing on immature fish and encourages development of practical measures that avoid unnecessary waste of fish;" after "and enforcement;". Subsec. (c)(5). Pub. L. 101-627, Sec. 101(c)(3), substituted ", and to secure agreements to regulate fishing by vessels or persons beyond the exclusive economic zones of any nation; and" for period at end. Subsec. (c)(6). Pub. L. 101-627, Sec. 101(c)(4), added par. (6). 1986 - Subsec. (b)(1). Pub. L. 99-659, Sec. 101(c)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "to take immediate action to conserve and manage the fishery resources found off the coasts of the United States, and the anadromous species and Continental Shelf fishery resources of the United States, by establishing (A) a fishery conservation zone within which the United States will assume exclusive fishery management authority over all fish, except highly migratory species, and (B) exclusive fishery management authority beyond such zone over such anadromous species and Continental Shelf fishery resources;". Subsec. (c)(5). Pub. L. 99-659, Sec. 101(c)(1)(B), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "to support and encourage continued active United States efforts to obtain an internationally acceptable treaty, at the Third United Nations Conference on the Law of the Sea, which provides for effective conservation and management of fishery resources." 1980 - Subsec. (b)(6). Pub. L. 96-561 inserted ", and to that end, to ensure that optimum yield determinations promote such development" after "fish off Alaska". 1978 - Subsec. (a)(7). Pub. L. 95-354, Sec. 2(a), substituted "the United States fishing industry" for "United States fishermen". Subsec. (b)(6). Pub. L. 95-354, Sec. 2(b), inserted requirement for development by the United States fishing industry. -CHANGE- REFERENCES TO MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT CONSIDERED TO INCLUDE SECTION 401(A) OF PUB. L. 108-219 References to the Magnuson-Stevens Fishery Conservation and Management Act or any provision of that Act considered to be references to that Act as it would be in effect if section 401(a) of Pub. L. 108-219 were a provision of that Act, see section 401(c)(1) of Pub. L. 108-219, set out in an Implementation of Pacific Albacore Tuna Treaty note under section 1821 of this title. REFERENCES TO MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT REDESIGNATED AS REFERENCES TO MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that: "Effective 15 days after the enactment of the Sustainable Fisheries Act [Pub. L. 104-297, enacted Oct. 11, 1996], all references to the Magnuson Fishery Conservation and Management Act [see Short Title note below] shall be redesignated as references to the Magnuson- Stevens Fishery Conservation and Management Act." REFERENCES TO FISHERY CONSERVATION AND MANAGEMENT ACT OF 1976 REDESIGNATED AS REFERENCES TO MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT Section 238(b) of title II of Pub. L. 96-561 provided that: "Effective 15 days after the date of enactment of this title [Dec. 22, 1980], all references to the Fishery Conservation and Management Act of 1976 [see Short title note below] shall be redesignated as references to the Magnuson Fishery Conservation and Management Act." -MISC2- EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102-251, set out as a note under section 773 of this title. SHORT TITLE OF 2007 AMENDMENT Pub. L. 109-479, Sec. 1(a), Jan. 12, 2007, 120 Stat. 3575, provided that: "This Act [enacting chapters 88 and 89 of this title, chapter 45 of Title 33, Navigation and Navigable Waters, subchapters VI of chapter 31 and of chapter 38 of this title, sections 1826h to 1826k, 1829, 1853a, 1864 to 1869, and 1884 of this title, amending this section, sections 757d, 773f, 773g, 971a, 971h, 971i, 1377, 1802, 1803, 1812, 1821, 1824, 1826a, 1826b, 1851 to 1853, 1854, 1855, 1857, 1861, 1861a, 1862, 1881, 1881a, 1881c, 1882, 1883, 3645, 4107, 5156, 5610, and 5727 of this title, and section 53706 of Title 46, Shipping, enacting provisions set out as notes under sections 460ss, 1361, 1853 to 1855, 1861a, 1864, 6901, and 7001 of this title and section 3201 of Title 33, and amending provisions set out as notes under sections 1822, 1851, 1855, and 1856 of this title] may be cited as the 'Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006'." SHORT TITLE OF 1996 AMENDMENT Section 1(a) of Pub. L. 104-297 provided that: "This Act [enacting sections 1803, 1861a, 1881 to 1881d, 1883, 5107a, and 5107b of this title and sections 1279f and 1279g of Title 46, Appendix, Shipping, amending this section, sections 757d, 1362, 1802, 1812, 1821 to 1824, 1826, 1851 to 1858, 1860, 1861, 1862, 1863, 1882, 1883, 4107, 5102, 5103, and 5108 of this title, section 713c-3 of Title 15, Commerce and Trade, and section 1274 of Title 46, Appendix, enacting provisions set out as notes under sections 1802, 1853 to 1856, 1861a, and 1881c of this title and section 1245 of Title 46, Appendix, amending provisions set out as a note under section 971c of this title, and repealing provisions set out as a note under section 1851 of this title] may be cited as the 'Sustainable Fisheries Act'." SHORT TITLE OF 1995 AMENDMENT Pub. L. 104-43, title VI, Sec. 601, Nov. 3, 1995, 109 Stat. 391, provided that: "This title [enacting sections 1826d to 1826g of this title and provisions set out as a note under section 1826d of this title] may be cited as the 'High Seas Driftnet Fishing Moratorium Protection Act'." SHORT TITLE OF 1992 AMENDMENT Pub. L. 102-582, Sec. 1, Nov. 2, 1992, 106 Stat. 4900, provided that: "This Act [enacting sections 1826a to 1826c of this title and section 1707a of Title 46, Appendix, Shipping, amending sections 1362, 1371, 1852, and 1862 of this title, section 1978 of Title 22, Foreign Relations and Intercourse, and section 2110 of Title 46, repealing section 1111c of Title 46, Appendix, and enacting provisions set out as notes under sections 1823, 1826a, and 1861 of this title and section 2110 of Title 46] may be cited as the 'High Seas Driftnet Fisheries Enforcement Act'." SHORT TITLE OF 1990 AMENDMENT Section 1(a) of Pub. L. 101-627 provided that: "The Act [enacting sections 971b-1, 1385, and 1862 of this title, amending this section, sections 757d, 758e-5, 971a, 971b, 971d, 971h, 1371, 1802, 1811, 1812, 1821, 1822, 1824 to 1826, 1852 to 1861, 1882, 4005, 4006, 4008, 4103, and 4107 of this title, section 713c-3 of Title 15, Commerce and Trade, and section 1977 of Title 22, Foreign Relations and Intercourse, and enacting provisions set out as notes under sections 971a, 1373, 1802, 1812, 1822, 1825, 1854, 4004, and 4005 of this title] may be cited as the 'Fishery Conservation Amendments of 1990'." SHORT TITLE OF 1987 AMENDMENT Pub. L. 100-220, Sec. 1, Dec. 29, 1987, 101 Stat. 1458, provided that: "This Act [enacting section 1912 of Title 33, Navigation and Navigable Waters, amending sections 1121 to 1131, 1901 to 1903, 1905, and 1907 to 1909 of Title 33, and enacting provisions set out as notes under this section, sections 1822 and 1823 of this title, sections 883a, 1121, 1125, 1901, 1902, and 2267 of Title 33, and section 6981 of Title 42, The Public Health and Welfare] may be cited as the 'United States-Japan Fishery Agreement Approval Act of 1987'." SHORT TITLE OF 1980 AMENDMENT Section 201 of title II of Pub. L. 96-561 provided that: "This title [enacting section 1511b of Title 15, Commerce and Trade, amending sections 917, 1801, 1821, 1824, 1852, and 1855 of this title, section 713c-3 of Title 15, sections 1972 and 1980 of Title 22, Foreign Relations and Intercourse, section 1321 of Title 33, Navigation and Navigable Waters, section 1843 of Title 43, Public Lands, and sections 1271, 1273, 1274, and 1275 of Title 46, Appendix, Shipping, and enacting provisions set out as notes under this section, sections 742c, 1821, and 1824 of this title, and section 1980 of Title 22] may be cited as the 'American Fisheries Promotion Act'." SHORT TITLE OF 1977 AMENDMENT Pub. L. 95-6, Sec. 1, Feb. 21, 1977, 91 Stat. 14, provided: "That this joint resolution [enacting section 1826 of this title, repealing sections 981 to 991 of this title, and enacting provisions set out as notes under sections 981 and 1823 of this title] may be cited as the 'Fishery Conservation Zone Transition Act'." SHORT TITLE Section 1 of Pub. L. 94-265, as amended by Pub. L. 96-561, title II, Sec. 238(a), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(a)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided: "That this Act [enacting this chapter, amending section 971 of this title and sections 1972 and 1973 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under this section and sections 971, 1362, 1857 of this title, and sections 1972 and 1973 of Title 22, and repealing chapters 21 and 21A of this title] may be cited as the 'Magnuson-Stevens Fishery Conservation and Management Act'." [Section 101(a) [title II, Sec. 211(a)] of div. A of Pub. L. 104- 208 provided that the amendment made by that section to section 1 of Pub. L. 94-265, set out above, is effective 15 days after Oct. 11, 1996.] [Section 238(a) of Pub. L. 96-561 provided that the amendment made by that section to section 1 of Pub. L. 94-265, set out above, is effective 15 days after Dec. 22, 1980.] -EXEC- EX. ORD. NO. 12962. RECREATIONAL FISHERIES Ex. Ord. No. 12962, June 7, 1995, 60 F.R. 30769, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in furtherance of the purposes of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a-d, and e-j), the Fish and Wildlife Coordination Act (16 U.S.C. 661-666c), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801-1882), and other pertinent statutes, and in order to conserve, restore, and enhance aquatic systems to provide for increased recreational fishing opportunities nationwide, it is ordered as follows: Section 1. Federal Agency Duties. Federal agencies shall, to the extent permitted by law and where practicable, and in cooperation with States and Tribes, improve the quantity, function, sustainable productivity, and distribution of U.S. aquatic resources for increased recreational fishing opportunities by: (a) developing and encouraging partnerships between governments and the private sector to advance aquatic resource conservation and enhance recreational fishing opportunities; (b) identifying recreational fishing opportunities that are limited by water quality and habitat degradation and promoting restoration to support viable, healthy, and, where feasible, self- sustaining recreational fisheries; (c) fostering sound aquatic conservation and restoration endeavors to benefit recreational fisheries; (d) providing access to and promoting awareness of opportunities for public participation and enjoyment of U.S. recreational fishery resources; (e) supporting outreach programs designed to stimulate angler participation in the conservation and restoration of aquatic systems; (f) implementing laws under their purview in a manner that will conserve, restore, and enhance aquatic systems that support recreational fisheries; (g) establishing cost-share programs, under existing authorities, that match or exceed Federal funds with nonfederal contributions; (h) evaluating the effects of Federally funded, permitted, or authorized actions on aquatic systems and recreational fisheries and document those effects relative to the purpose of this order; and (i) assisting private landowners to conserve and enhance aquatic resources on their lands. Sec. 2. National Recreational Fisheries Coordination Council. A National Recreational Fisheries Coordination Council ("Coordination Council") is hereby established. The Coordination Council shall consist of seven members, one member designated by each of the following Secretaries - Interior, Commerce, Agriculture, Energy, Transportation, and Defense - and one by the Administrator of the Environmental Protection Agency. The Coordination Council shall: (a) ensure that the social and economic values of healthy aquatic systems that support recreational fisheries are considered by Federal agencies in the course of their actions; (b) reduce duplicative and cost-inefficient programs among Federal agencies involved in conserving or managing recreational fisheries; (c) share the latest resource information and management technologies to assist in the conservation and management of recreational fisheries; (d) assess the implementation of the Conservation Plan required under section 3 of this order; and (e) develop a biennial report of accomplishments of the Conservation Plan. The representatives designated by the Secretaries of Commerce and the Interior shall cochair the Coordination Council. Sec. 3. Recreational Fishery Resources Conservation Plan. (a) Within 12 months of the date of this order, the Coordination Council, in cooperation with Federal agencies, States, and Tribes, and after consulting with the Federally chartered Sport Fishing and Boating Partnership Council, shall develop a comprehensive Recreational Fishery Resources Conservation Plan ("Conservation Plan"). (b) The Conservation Plan will set forth a 5-year agenda for Federal agencies identified by the Coordination Council. In so doing, the Conservation Plan will establish, to the extent permitted by law and where practicable; (1) measurable objectives to conserve and restore aquatic systems that support viable and healthy recreational fishery resources, (2) actions to be taken by the identified Federal agencies, (3) a method of ensuring the accountability of such Federal agencies, and (4) a comprehensive mechanism to evaluate achievements. The Conservation Plan will, to the extent practicable, be integrated with existing plans and programs, reduce duplication, and will include recommended actions for cooperation with States, Tribes, conservation groups, and the recreational fisheries community. Sec. 4. Joint Policy for Administering the Endangered Species Act of 1973. All Federal agencies will aggressively work to identify and minimize conflicts between recreational fisheries and their respective responsibilities under the Endangered Species Act of 1973 ("ESA") (16 U.S.C. 1531 et seq.). Within 6 months of the date of this order, the Fish and Wildlife Service and the National Marine Fisheries Service will promote compatibility and reduce conflicts between the administration of the ESA and recreational fisheries by developing a joint agency policy that will; (1) ensure consistency in the administration of the ESA between and within the two agencies, (2) promote collaboration with other Federal, State, and Tribal fisheries managers, and (3) improve and increase efforts to inform nonfederal entities of the requirements of the ESA. Sec. 5. Sport Fishing and Boating Partnership Council. To assist in the implementation of this order, the Secretary of the Interior shall expand the role of the Sport Fishing and Boating Partnership Council to: (a) monitor specific Federal activities affecting aquatic systems and the recreational fisheries they support; (b) review and evaluate the relation of Federal policies and activities to the status and conditions of recreational fishery resources; and (c) prepare an annual report of its activities, findings, and recommendations for submission to the Coordination Council. Sec. 6. Judicial Review. This order is intended only to improve the internal management of the executive branch and it is not intended to create any right, benefit or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any other person. William J. Clinton. -End- -CITE- 16 USC Sec. 1802 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT SUBCHAPTER I - GENERALLY -HEAD- Sec. 1802. Definitions -STATUTE- As used in this chapter, unless the context otherwise requires - (1) The term "anadromous species" means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters. (2) The term "bycatch" means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery management program. (3) The term "charter fishing" means fishing from a vessel carrying a passenger for hire (as defined in section 2101(21a) of title 46) who is engaged in recreational fishing. (4) The term "commercial fishing" means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter or trade. (5) The term "conservation and management" refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that - (i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis; (ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and (iii) there will be a multiplicity of options available with respect to future uses of these resources. (6) The term "Continental Shelf" means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territorial sea, of the United States, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of such areas. (7) The term "Continental Shelf fishery resources" means the following: CNIDARIA Bamboo Coral - Acanella spp.; Black Coral - Antipathes spp.; Gold Coral - Callogorgia spp.; Precious Red Coral - Corallium spp.; Bamboo Coral - Keratoisis spp.; and Gold Coral - Parazoanthus spp. CRUSTACEA Tanner Crab - Chionoecetes tanneri; Tanner Crab - Chionoecetes opilio; Tanner Crab - Chionoecetes angulatus; Tanner Crab - Chionoecetes bairdi; King Crab - Paralithodes camtschatica; King Crab - Paralithodes platypus; King Crab - Paralithodes brevipes; Lobster - Homarus americanus; Dungeness Crab - Cancer magister; California King Crab - Paralithodes californiensis; California King Crab - Paralithodes rathbuni; Golden King Crab - Lithodes aequispinus; Northern Stone Crab - Lithodes maja; Stone Crab - Menippe mercenaria; and Deep-sea Red Crab - Chaceon quinquedens. MOLLUSKS Red Abalone - Haliotis rufescens; Pink Abalone - Haliotis corrugata; Japanese Abalone - Haliotis kamtschatkana; Queen Conch - Strombus gigas; Surf Clam - Spisula solidissima; and Ocean Quahog - Arctica islandica. SPONGES Glove Sponge - Spongia cheiris; Sheepswool Sponge - Hippiospongia lachne; Grass Sponge - Spongia graminea; and Yellow Sponge - Spongia barbera. If the Secretary determines, after consultation with the Secretary of State, that living organisms of any other sedentary species are, at the harvestable stage, either - (A) immobile on or under the seabed, or (B) unable to move except in constant physical contact with the seabed or subsoil, of the Continental Shelf which appertains to the United States, and publishes notice of such determination in the Federal Register, such sedentary species shall be considered to be added to the foregoing list and included in such term for purposes of this chapter. (8) The term "Council" means any Regional Fishery Management Council established under section 1852 of this title. (9) The term "economic discards" means fish which are the target of a fishery, but which are not retained because they are of an undesirable size, sex, or quality, or for other economic reasons. (10) The term "essential fish habitat" means those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity. (11) The term "exclusive economic zone" means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying this chapter, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States. (12) The term "fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds. (13) The term "fishery" means - (A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and (B) any fishing for such stocks. (14) The term "regional fishery association" means an association formed for the mutual benefit of members - (A) to meet social and economic needs in a region or subregion; and (B) comprised of persons engaging in the harvest or processing of fishery resources in that specific region or subregion or who otherwise own or operate businesses substantially dependent upon a fishery. (15) The term "fishery resource" means any fishery, any stock of fish, any species of fish, and any habitat of fish. (16) The term "fishing" means - (A) the catching, taking, or harvesting of fish; (B) the attempted catching, taking, or harvesting of fish; (C) any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or (D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C). Such term does not include any scientific research activity which is conducted by a scientific research vessel. (17) The term "fishing community" means a community which is substantially dependent on or substantially engaged in the harvest or processing of fishery resources to meet social and economic needs, and includes fishing vessel owners, operators, and crew and United States fish processors that are based in such community. (18) The term "fishing vessel" means any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type which is normally used for - (A) fishing; or (B) aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing. (19) The term "foreign fishing" means fishing by a vessel other than a vessel of the United States. (20) The term "high seas" means all waters beyond the territorial sea of the United States and beyond any foreign nation's territorial sea, to the extent that such sea is recognized by the United States. (21) The term "highly migratory species" means tuna species, marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks, sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius). (22) The term "import" - (A) means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States; but (B) does not include any activity described in subparagraph (A) with respect to fish caught in the exclusive economic zone or by a vessel of the United States. (23) The term "individual fishing quota" means a Federal permit under a limited access system to harvest a quantity of fish, expressed by a unit or units representing a percentage of the total allowable catch of a fishery that may be received or held for exclusive use by a person. Such term does not include community development quotas as described in section 1855(i) of this title. (24) The term "international fishery agreement" means any bilateral or multilateral treaty, convention, or agreement which relates to fishing and to which the United States is a party. (25) The term "large-scale driftnet fishing" means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing. (26) The term "limited access privilege" - (A) means a Federal permit, issued as part of a limited access system under section 1853a of this title to harvest a quantity of fish expressed by a unit or units representing a portion of the total allowable catch of the fishery that may be received or held for exclusive use by a person; and (B) includes an individual fishing quota; but (C) does not include community development quotas as described in section 1855(i) of this title. (27) The term "limited access system" means a system that limits participation in a fishery to those satisfying certain eligibility criteria or requirements contained in a fishery management plan or associated regulation. (28) The term "Marine Fisheries Commission" means the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, or the Pacific States Marine Fisheries Commission. (29) The term "migratory range" means the maximum area at a given time of the year within which fish of an anadromous species or stock thereof can be expected to be found, as determined on the basis of scale pattern analysis, tagging studies, or other reliable scientific information, except that the term does not include any part of such area which is in the waters of a foreign nation. (30) The term "national standards" means the national standards for fishery conservation and management set forth in section 1851 of this title. (31) The term "observer" means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits under this chapter. (32) The term "observer information" means any information collected, observed, retrieved, or created by an observer or electronic monitoring system pursuant to authorization by the Secretary, or collected as part of a cooperative research initiative, including fish harvest or processing observations, fish sampling or weighing data, vessel logbook data, vessel or processor-specific information (including any safety, location, or operating condition observations), and video, audio, photographic, or written documents. (33) The term "optimum", with respect to the yield from a fishery, means the amount of fish which - (A) will provide the greatest overall benefit to the Nation, particularly with respect to food production and recreational opportunities, and taking into account the protection of marine ecosystems; (B) is prescribed on the basis of the maximum sustainable yield from the fishery, as reduced by any relevant social, economic, or ecological factor; and (C) in the case of an overfished fishery, provides for rebuilding to a level consistent with producing the maximum sustainable yield in such fishery. (34) The terms "overfishing" and "overfished" mean a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis. (35) The term "Pacific Insular Area" means American Samoa, Guam, the Northern Mariana Islands, Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Wake Island, or Palmyra Atoll, as applicable, and includes all islands and reefs appurtenant to such island, reef, or atoll. (36) The term "person" means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government. (37) The term "recreational fishing" means fishing for sport or pleasure. (38) The term "regulatory discards" means fish harvested in a fishery which fishermen are required by regulation to discard whenever caught, or are required by regulation to retain but not sell. (39) The term "Secretary" means the Secretary of Commerce or his designee. (40) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States. (41) (!1) The term "special areas" means the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990. In particular, the term refers to those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured. (42) The term "stock of fish" means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. (43) The term "treaty" means any international fishery agreement which is a treaty within the meaning of section 2 of article II of the Constitution. (44) The term "tuna species" means the following: Albacore Tuna - Thunnus alalunga; Bigeye Tuna - Thunnus obesus; Bluefin Tuna - Thunnus thynnus; Skipjack Tuna - Katsuwonus pelamis; and Yellowfin Tuna - Thunnus albacares. (45) The term "United States", when used in a geographical context, means all the States thereof. (46) The term "United States fish processors" means facilities located within the United States for, and vessels of the United States used or equipped for, the processing of fish for commercial use or consumption. (47) The term "United States harvested fish" means fish caught, taken, or harvested by vessels of the United States within any fishery regulated under this chapter. (48) The term "vessel of the United States" means - (A) any vessel documented under chapter 121 of title 46; (B) any vessel numbered in accordance with chapter 123 of title 46 and measuring less than 5 net tons; (C) any vessel numbered in accordance with chapter 123 of title 46 and used exclusively for pleasure; or (D) any vessel not equipped with propulsion machinery of any kind and used exclusively for pleasure. (49) The term "vessel subject to the jurisdiction of the United States" has the same meaning such term has in section 70502(c) of title 46. (50) The term "waters of a foreign nation" means any part of the territorial sea or exclusive economic zone (or the equivalent) of a foreign nation, to the extent such territorial sea or exclusive economic zone is recognized by the United States. -SOURCE- (Pub. L. 94-265, Sec. 3, Apr. 13, 1976, 90 Stat. 333; Pub. L. 95- 354, Sec. 3, Aug. 28, 1978, 92 Stat. 519; Pub. L. 97-453, Sec. 15(a), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 99-659, title I, Secs. 101(a), 112, Nov. 14, 1986, 100 Stat. 3706, 3715; Pub. L. 100-239, Sec. 2, Jan. 11, 1988, 101 Stat. 1778; Pub. L. 101-627, title I, Sec. 102(a), title X, Sec. 1001(c), Nov. 28, 1990, 104 Stat. 4438, 4468; Pub. L. 102-251, title III, Sec. 301(b), Mar. 9, 1992, 106 Stat. 62; Pub. L. 104-297, title I, Sec. 102, Oct. 11, 1996, 110 Stat. 3561; Pub. L. 109-479, Sec. 3(b), (c), Jan. 12, 2007, 120 Stat. 3577, 3578.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as amended, 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. Proclamation Numbered 5030, referred to in par. (11), is set out under section 1453 of this title. -COD- CODIFICATION In par. (49), "section 70502(c) of title 46" substituted for "section 3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903(c))" on authority of Pub. L. 109-304, Sec. 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 70502 of Title 46, Shipping. Pub. L. 102-251, Sec. 301(b), which directed amendment of this section by adding a new par. (24) defining "special areas" and redesignating former pars. (24) to (32) as (25) to (33), respectively, was to be effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, but will not be executed, to reflect the probable intent of Congress, because the amendments would be inconsistent with the amendments by Pub. L. 104-297 which added par. (36) (now par. (41)) which is substantially identical to the par. (24) added by Pub. L. 102-251, made successive redesignations of pars. (2) to (44), and added and amended various other pars. See 1996 Amendment notes below and section 308 of Pub. L. 102-251, set out as an Effective Date of 1992 Amendment note under section 773 of this title. -MISC1- AMENDMENTS 2007 - Pub. L. 109-479 added pars. (13A) defining "regional fishery association", (20A) defining "import", (23A) defining "limited access privilege", (23B) defining "limited access system", and (27A) defining "observer information" and redesignated pars. (1) to (45) as (1) to (50), respectively. 1996 - Pars. (2) to (6). Pub. L. 104-297, Sec. 102(1), added pars. (2) to (4) and redesignated former pars. (2) and (3) as (5) and (6), respectively. Former pars. (4) to (6) redesignated (7) to (9), respectively. Par. (7). Pub. L. 104-297, Sec. 102(2)(B), substituted "Deep-sea Red Crab - Chaceon quinquedens" for "Deep-sea Red Crab - Geryon quinquedens" in list under heading "Crustacea". Pub. L. 104-297, Sec. 102(2)(A), which directed substitution of "Cnidaria" for "Coelenterata" in heading of list of corals, was executed by making the substitution for "Colenterata" in that heading to reflect the probable intent of Congress. Pub. L. 104-297, Sec. 102(1), redesignated par. (4) as (7). Former par. (7) redesignated (10). Par. (8). Pub. L. 104-297, Sec. 102(1), redesignated par. (5) as (8). Former par. (8) redesignated (11). Par. (9). Pub. L. 104-297, Sec. 102(3), added par. (9). Former par. (9) redesignated (11). Pub. L. 104-297, Sec. 102(1), redesignated par. (6) as (9). Former par. (9) redesignated (12). Par. (10). Pub. L. 104-297, Sec. 102(3), added par. (10). Former par. (10) redesignated (12). Pub. L. 104-297, Sec. 102(1), redesignated par. (7) as (10). Former par. (10) redesignated (13). Pars. (11) to (15). Pub. L. 104-297, Sec. 102(3), redesignated pars. (9) to (13) as (11) to (15), respectively. Former pars. (14) and (15) redesignated (16) and (17), respectively. Pub. L. 104-297, Sec. 102(1), redesignated pars. (8) to (12) as (11) to (15), respectively. Former pars. (13) to (15) redesignated (16) to (18), respectively. Par. (16). Pub. L. 104-297, Sec. 102(4), added par. (16). Former par. (16) redesignated (17). Pub. L. 104-297, Sec. 102(3), redesignated par. (14) as (16). Former par. (16) redesignated (18). Pub. L. 104-297, Sec. 102(1), redesignated par. (13) as (16). Former par. (16) redesignated (19). Pars. (17) to (20). Pub. L. 104-297, Sec. 102(4), redesignated pars. (16) to (19) as (17) to (20), respectively. Former par. (20) redesignated (21). Pub. L. 104-297, Sec. 102(3), redesignated pars. (15) to (18) as (17) to (20), respectively. Former pars. (19) and (20) redesignated (21) and (22), respectively. Pub. L. 104-297, Sec. 102(1), redesignated pars. (14) to (17) as (17) to (20), respectively. Former pars. (18) to (20) redesignated (21) to (23), respectively. Par. (21). Pub. L. 104-297, Sec. 102(5), added par. (21). Former par. (21) redesignated (22). Pub. L. 104-297, Sec. 102(4), redesignated par. (20) as (21). Former par. (21) redesignated (22). Pub. L. 104-297, Sec. 102(3), redesignated par. (19) as (21). Former par. (21) redesignated (23). Pub. L. 104-297, Sec. 102(1), redesignated par. (18) as (21). Former par. (21) redesignated (24). Par. (22). Pub. L. 104-297, Sec. 102(5), redesignated par. (21) as (22). Former par. (22) redesignated (23). Pub. L. 104-297, Sec. 102(4), redesignated par. (21) as (22). Former par. (22) redesignated (23). Pub. L. 104-297, Sec. 102(3), redesignated par. (20) as (22). Former par. (22) redesignated (24). Pub. L. 104-297, Sec. 102(1), redesignated par. (19) as (22). Former par. (22) redesignated (25). Par. (23). Pub. L. 104-297, Sec. 102(6), substituted "of two and one-half kilometers" for "of one and one-half miles". Pub. L. 104-297, Sec. 102(5), redesignated par. (22) as (23). Former par. (23) redesignated (24). Pub. L. 104-297, Sec. 102(4), redesignated par. (22) as (23). Former par. (23) redesignated (24). Pub. L. 104-297, Sec. 102(3), redesignated par. (21) as (23). Former par. (23) redesignated (25). Pub. L. 104-297, Sec. 102(1), redesignated par. (20) as (23). Former par. (23) redesignated (26). Pars. (24) to (27). Pub. L. 104-297, Sec. 102(5), redesignated pars. (23) to (26) as (24) to (27), respectively. Former par. (27) redesignated (28). Pub. L. 104-297, Sec. 102(4), redesignated pars. (23) to (26) as (24) to (27), respectively. Former par. (27) redesignated (28). Pub. L. 104-297, Sec. 102(3), redesignated pars. (22) to (25) as (24) to (27), respectively. Former pars. (26) and (27) redesignated (28) and (29), respectively. Pub. L. 104-297, Sec. 102(1), redesignated pars. (21) to (24) as (24) to (27), respectively. Former pars. (25) to (27) redesignated (28) to (30), respectively. Par. (28). Pub. L. 104-297, Sec. 102(7), added par. (28) and struck out former par. (28) which read as follows: "The term 'optimum', with respect to the yield from a fishery, means the amount of fish - "(A) which will provide the greatest overall benefit to the Nation, with particular reference to food production and recreational opportunities; and "(B) which is prescribed as such on the basis of the maximum sustainable yield from such fishery, as modified by any relevant economic, social, or ecological factor." Pub. L. 104-297, Sec. 102(5), redesignated par. (27) as (28). Former par. (28) redesignated (29). Pub. L. 104-297, Sec. 102(4), redesignated par. (27) as (28). Former par. (28) redesignated (29). Pub. L. 104-297, Sec. 102(3), redesignated par. (26) as (28). Former par. (28) redesignated (30). Pub. L. 104-297, Sec. 102(1), redesignated par. (25) as (28). Former par. (28) redesignated (31). Pars. (29), (30). Pub. L. 104-297, Sec. 102(8), added pars. (29) and (30). Former pars. (29) and (30) redesignated (31) and (32), respectively. Pub. L. 104-297, Sec. 102(5), redesignated pars. (28) and (29) as (29) and (30), respectively. Former par. (30) redesignated (31). Pub. L. 104-297, Sec. 102(4), redesignated pars. (28) and (29) as (29) and (30), respectively. Former par. (30) redesignated (31). Pub. L. 104-297, Sec. 102(3), redesignated pars. (27) and (28) as (29) and (30), respectively. Former pars. (29) and (30) redesignated (31) and (32), respectively. Pub. L. 104-297, Sec. 102(1), redesignated pars. (26) and (27) as (29) and (30), respectively. Former pars. (29) and (30) redesignated (32) and (33), respectively. Par. (31). Pub. L. 104-297, Sec. 102(8), redesignated par. (29) as (31). Former par. (31) redesignated (33). Pub. L. 104-297, Sec. 102(5), redesignated par. (30) as (31). Former par. (31) redesignated (32). Pub. L. 104-297, Sec. 102(4), redesignated par. (30) as (31). Former par. (31) redesignated (32). Pub. L. 104-297, Sec. 102(3), redesignated par. (29) as (31). Former par. (31) redesignated (33). Pub. L. 104-297, Sec. 102(1), redesignated par. (28) as (31). Former par. (31) redesignated (34). Pars. (32), (33). Pub. L. 104-297, Sec. 102(9), added pars. (32) and (33). Former pars. (32) and (33) redesignated (34) and (35), respectively. Pub. L. 104-297, Sec. 102(8), redesignated pars. (30) and (31) as (32) and (33), respectively. Former pars. (32) and (33) redesignated (34) and (35), respectively. Pub. L. 104-297, Sec. 102(5), redesignated pars. (31) and (32) as (32) and (33), respectively. Former par. (33) redesignated (34). Pub. L. 104-297, Sec. 102(4), redesignated pars. (31) and (32) as (32) and (33), respectively. Former par. (33) redesignated (34). Pub. L. 104-297, Sec. 102(3), redesignated pars. (30) and (31) as (32) and (33), respectively. Former pars. (32) and (33) redesignated (34) and (35), respectively. Pub. L. 104-297, Sec. 102(1), redesignated pars. (29) and (30) as (32) and (33), respectively. Former par. (32) redesignated (35). Pars. (34), (35). Pub. L. 104-297, Sec. 102(9), redesignated pars. (32) and (33) as (34) and (35), respectively. Former pars. (34) and (35) redesignated (36) and (37), respectively. Pub. L. 104-297, Sec. 102(8), redesignated pars. (32) and (33) as (34) and (35), respectively. Former pars. (34) and (35) redesignated (36) and (37), respectively. Pub. L. 104-297, Sec. 102(5), redesignated pars. (33) and (34) as (34) and (35), respectively. Former par. (35) redesignated (36). Pub. L. 104-297, Sec. 102(4), redesignated pars. (33) and (34) as (34) and (35), respectively. Former par. (35) redesignated (36). Pub. L. 104-297, Sec. 102(3), redesignated pars. (32) and (33) as (34) and (35), respectively. Former pars. (34) and (35) redesignated (36) and (37), respectively. Pub. L. 104-297, Sec. 102(1), redesignated pars. (31) and (32) as (34) and (35), respectively. Par. (36). Pub. L. 104-297, Sec. 102(10), added par. (36). Former par. (36) redesignated (37). Pub. L. 104-297, Sec. 102(9), redesignated par. (34) as (36). Former par. (36) redesignated (38). Pub. L. 104-297, Sec. 102(8), redesignated par. (34) as (36). Former par. (36) redesignated (38). Pub. L. 104-297, Sec. 102(5), redesignated par. (35) as (36). Former par. (36) redesignated (37). Pub. L. 104-297, Sec. 102(4), redesignated par. (35) as (36). Former par. (36) redesignated (37). Pub. L. 104-297, Sec. 102(3), redesignated par. (34) as (36). Par. (37). Pub. L. 104-297, Sec. 102(10), redesignated par. (36) as (37). Former par. (37) redesignated (38). Pub. L. 104-297, Sec. 102(9), redesignated par. (35) as (37). Former par. (37) redesignated (39). Pub. L. 104-297, Sec. 102(8), redesignated par. (35) as (37). Former par. (37) redesignated (39). Pub. L. 104-297, Sec. 102(5), redesignated par. (36) as (37). Former par. (37) redesignated (38). Pub. L. 104-297, Sec. 102(4), redesignated par. (36) as (37). Former par. (37) redesignated (38). Pub. L. 104-297, Sec. 102(3), redesignated par. (35) as (37). Par. (38). Pub. L. 104-297, Sec. 102(10), redesignated par. (37) as (38). Former par. (38) redesignated (39). Pub. L. 104-297, Sec. 102(9), redesignated par. (36) as (38). Former par. (38) redesignated (40). Pub. L. 104-297, Sec. 102(8), redesignated par. (36) as (38). Former par. (38) redesignated (40). Pub. L. 104-297, Sec. 102(5), redesignated par. (37) as (38). Former par. (38) redesignated (39). Pub. L. 104-297, Sec. 102(4), redesignated par. (37) as (38). Par. (39). Pub. L. 104-297, Sec. 102(10), redesignated par. (38) as (39). Former par. (39) redesignated (40). Pub. L. 104-297, Sec. 102(9), redesignated par. (37) as (39). Former par. (39) redesignated (41). Pub. L. 104-297, Sec. 102(8), redesignated par. (37) as (39). Former par. (39) redesignated (41). Pub. L. 104-297, Sec. 102(5), redesignated par. (38) as (39). Pars. (40), (41). Pub. L. 104-297, Sec. 102(10), redesignated pars. (39) and (40) as (40) and (41), respectively. Former par. (41) redesignated (42). Pub. L. 104-297, Sec. 102(9), redesignated pars. (38) and (39) as (40) and (41), respectively. Former pars. (40) and (41) redesignated (42) and (43), respectively. Pub. L. 104-297, Sec. 102(8), redesignated pars. (38) and (39) as (40) and (41), respectively. Par. (42). Pub. L. 104-297, Sec. 102(11), which directed the substitution of "regulated under this chapter" for "for which a fishery management plan prepared under subchapter IV of this chapter or a preliminary fishery management plan prepared under section 1821(g) of this title has been implemented", was executed by making substitution for language which referred to "section 1821(h)", notwithstanding directory language directing substitution for language which referred to "section 1821(g)" to reflect the probable intent of Congress. Pub. L. 104-297, Sec. 102(10), redesignated par. (41) as (42). Former par. (42) redesignated (43). Pub. L. 104-297, Sec. 102(9), redesignated par. (40) as (42). Par. (43). Pub. L. 104-297, Sec. 102(10), redesignated par. (42) as (43). Former par. (43) redesignated (44). Pub. L. 104-297, Sec. 102(9), redesignated par. (41) as (43). Par. (44). Pub. L. 104-297, Sec. 102(12), added par. (44). Former par. (44) redesignated (45). Pub. L. 104-297, Sec. 102(10), redesignated par. (43) as (44). Par. (45). Pub. L. 104-297, Sec. 102(12), redesignated par. (44) as (45). 1990 - Par. (7). Pub. L. 101-627, Sec. 102(a)(2), substituted "and birds" for ", birds, and highly migratory species". Par. (14). Pub. L. 101-627, Sec. 102(a)(3), amended par. (14) generally. Prior to amendment, par. (14) read as follows: "The term 'highly migratory species' means species of tuna which, in the course of their life cycle, spawn and migrate over great distances in waters of the ocean." Par. (16). Pub. L. 101-627, Sec. 102(a)(4), added par. (16). Former par. (16) redesignated (17). Par. (17). Pub. L. 101-627, Sec. 102(a)(1), redesignated par. (16) as (17). Former par. (17) redesignated (19). Par. (18). Pub. L. 101-627, Sec. 102(a)(5), added par. (18). Former par. (18) redesignated (21). Par. (19). Pub. L. 101-627, Sec. 102(a)(1), redesignated par. (17) as (19). Former par. (19) redesignated (22). Par. (20). Pub. L. 101-627, Sec. 102(a)(6), added par. (20). Former par. (20) redesignated (23). Pars. (21) to (26). Pub. L. 101-627, Sec. 102(a)(1), redesignated pars. (18) to (23) as (21) to (26), respectively. Former pars. (24) to (26) redesignated (28) to (30), respectively. Par. (27). Pub. L. 101-627, Sec. 102(a)(7), added par. (27). Former par. (27) redesignated (31). Pars. (28) to (31). Pub. L. 101-627, Sec. 102(a)(1), redesignated pars. (24) to (27) as (28) to (31), respectively. Par. (32). Pub. L. 101-627, Sec. 102(a)(8), added par. (32). 1988 - Par. (27). Pub. L. 100-239 amended par. (27) generally. Prior to amendment, par. (27) read as follows: "The term 'vessel of the United States' means - "(A) any vessel documented under the laws of the United States; "(B) any vessel numbered in accordance with the Federal Boat Safety Act of 1971 and measuring less than 5 net tons; or "(C) any vessel numbered under the Federal Boat Safety Act of 1971 and used exclusively for pleasure." 1986 - Par. (4). Pub. L. 99-659, Sec. 112, in provisions under heading "Mollusks" substituted "Arctica islandica" for "Artica islandica" and under heading "Sponges" substituted "Spongia cheiris" for "Hippiospongia canaliculata". Pars. (6) to (8). Pub. L. 99-659, Sec. 101(a), added par. (6), redesignated former pars. (6) and (7) as (7) and (8), respectively, and struck out former par. (8) which defined "fishery conservation zone" as the fishery conservation zone established by section 1811 of this title. 1983 - Par. (27). Pub. L. 97-453 designated existing provisions as subpar. (A), struck out "or registered under the laws of any State" after "United States", and added subpars. (B) and (C). 1978 - Pars. (25) to (27). Pub. L. 95-354 added pars. (25) and (26) and redesignated former par. (25) as (27). -CHANGE- CHANGE OF NAME "Pacific States Marine Fisheries Commission" substituted for "Pacific Marine Fisheries Commission" in par. (24) pursuant to section 1001(c) of Pub. L. 101-627, set out below. -MISC2- EFFECTIVE DATE OF 1992 AMENDMENT Section 405(a) of Pub. L. 104-297 provided that: "Notwithstanding section 308 of the Act entitled 'An Act to provide for the designation of the Flower Garden Banks National Marine Sanctuary', approved March 9, 1992 (Public Law 102-251; 106 Stat. 66) [set out as a note under section 773 of this title] hereinafter referred to as the 'FGB Act', section 301(b) of that Act [amending this section, see Codification note above] (adding a definition of the term 'special areas') shall take effect on the date of enactment of this Act [Oct. 11, 1996]." REDESIGNATION OF PACIFIC MARINE FISHERIES COMMISSION AS PACIFIC STATES MARINE FISHERIES COMMISSION Section 1001 of Pub. L. 101-627 provided that: "(a) In General. - The Congress consents to and approves of the amendments described in subsection (b) to the interstate compact which constituted the Pacific Marine Fisheries Commission, approved by the Act of July 24, 1947 (61 Stat. 419; hereinafter in this section referred to as the 'compact'). "(b) Amendment Described. - The amendments referred to in subsection (a) are the amendments approved and ratified before the effective date of this section [Nov. 28, 1990] by the contracting States to the compact, which - "(1) amend Article III of the compact to redesignate the Pacific Marine Fisheries Commission as the 'Pacific States Marine Fisheries Commission'; and "(2) make such other amendments to the compact as are necessary solely to conform the text of the compact to the amendment described in paragraph (1). "(c) References. - Any reference in a law, map, regulation, document, paper, or other record of the United States to the Pacific Marine Fisheries Commission constituted by the compact is deemed to be a reference to the 'Pacific States Marine Fisheries Commission'." -EXEC- TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. -FOOTNOTE- (!1) See Codification note below. -End- -CITE- 16 USC Sec. 1803 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT SUBCHAPTER I - GENERALLY -HEAD- Sec. 1803. Authorization of appropriations -STATUTE- There are authorized to be appropriated to the Secretary to carry out the provisions of this chapter - (1) $337,844,000 for fiscal year 2007; (2) $347,684,000 for fiscal year 2008; (3) $357,524,000 for fiscal year 2009; (4) $367,364,000 for fiscal year 2010; (5) $377,204,000 for fiscal year 2011; (6) $387,044,000 for fiscal year 2012; and (7) $396,875,000 for fiscal year 2013. -SOURCE- (Pub. L. 94-265, Sec. 4, as added Pub. L. 104-297, title I, Sec. 103, Oct. 11, 1996, 110 Stat. 3563; amended Pub. L. 109-479, Sec. 7, Jan. 12, 2007, 120 Stat. 3579.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as amended, 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. -MISC1- AMENDMENTS 2007 - Pub. L. 109-479 reenacted section catchline without change and amended text generally, substituting provisions authorizing appropriations for fiscal years 2007 to 2013 for provisions authorizing appropriations for fiscal years 1996 to 1999. -End- -CITE- 16 USC SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES -HEAD- SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES -End- -CITE- 16 USC Sec. 1811 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES -HEAD- Sec. 1811. United States sovereign rights to fish and fishery management authority -STATUTE- (a) In the exclusive economic zone Except as provided in section 1812 of this title, the United States claims, and will exercise in the manner provided for in this chapter, sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone. (b) Beyond the exclusive economic zone The United States claims, and will exercise in the manner provided for in this chapter, exclusive fishery management authority over the following: (1) All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; except that that management authority does not extend to such species during the time they are found within any waters of a foreign nation. (2) All Continental Shelf fishery resources beyond the exclusive economic zone. -SOURCE- (Pub. L. 94-265, title I, Sec. 101, Apr. 13, 1976, 90 Stat. 336; Pub. L. 99-659, title I, Sec. 101(b), Nov. 14, 1986, 100 Stat. 3706; Pub. L. 101-627, title I, Sec. 102(b), Nov. 28, 1990, 104 Stat. 4438; Pub. L. 102-251, title III, Sec. 301(c), Mar. 9, 1992, 106 Stat. 62.) -STATAMEND- AMENDMENT OF SECTION Pub. L. 102-251, title III, Secs. 301(c), 308, Mar. 9, 1992, 106 Stat. 62, 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, subsection (a) is amended by inserting "and special areas" before the period at the end and subsection (b) is amended by inserting after paragraph (2) the following new paragraph: (3) All fishery resources in the special areas. -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as amended, 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. -MISC1- AMENDMENTS 1990 - Subsec. (b)(1). Pub. L. 101-627 substituted "any waters of a foreign nation" for "any foreign nation's territorial sea or exclusive economic zone (or the equivalent), to the extent that that sea or zone is recognized by the United States". 1986 - Pub. L. 99-659 amended section generally. Prior to amendment, section read as follows: "There is established a zone contiguous to the territorial sea of the United States to be known as the fishery conservation zone. The inner boundary of the fishery conservation zone is a line coterminous with the seaward boundary of each of the coastal States, and the outer boundary of such zone is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured." EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102-251, set out as a note under section 773 of this title. -End- -CITE- 16 USC Sec. 1812 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES -HEAD- Sec. 1812. Highly migratory species -STATUTE- (a) In general The United States shall cooperate directly or through appropriate international organizations with those nations involved in fisheries for highly migratory species with a view to ensuring conservation and shall promote the achievement of optimum yield of such species throughout their range, both within and beyond the exclusive economic zone. (b) Traditional participation In managing any fisheries under an international fisheries agreement to which the United States is a party, the appropriate Council or Secretary shall take into account the traditional participation in the fishery, relative to other nations, by fishermen of the United States on fishing vessels of the United States. (c) Promotion of stock management If a relevant international fisheries organization does not have a process for developing a formal plan to rebuild a depleted stock, an overfished stock, or a stock that is approaching a condition of being overfished, the provisions of this chapter in this regard shall be communicated to and promoted by the United States in the international or regional fisheries organization. -SOURCE- (Pub. L. 94-265, title I, Sec. 102, Apr. 13, 1976, 90 Stat. 336; Pub. L. 99-659, title I, Sec. 101(b), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101-627, title I, Sec. 103(a), Nov. 28, 1990, 104 Stat. 4439; Pub. L. 104-297, title I, Sec. 104, Oct. 11, 1996, 110 Stat. 3563; Pub. L. 109-479, Sec. 4, Jan. 12, 2007, 120 Stat. 3578.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original "this Act", meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as amended, 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. -MISC1- AMENDMENTS 2007 - Pub. L. 109-479 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c). 1996 - Pub. L. 104-297 substituted "shall promote the achievement of optimum yield" for "promoting the objective of optimum utilization". 1990 - Pub. L. 101-627 amended section generally. Prior to amendment, section read as follows: "The sovereign rights and exclusive fishery management authority asserted by the United States under section 1811 of this title over fish do not include, and may not be construed to extend to, highly migratory species of fish." 1986 - Pub. L. 99-659 amended section generally. Prior to amendment, section read as follows: "The United States shall exercise exclusive fishery management authority, in the manner provided for in this chapter, over the following: "(1) All fish within the fishery conservation zone. "(2) All anadromous species throughout the migratory range of each such species beyond the fishery conservation zone; except that such management authority shall not extend to such species during the time they are found within any foreign nation's territorial sea or fishery conservation zone (or the equivalent), to the extent that such sea or zone is recognized by the United States. "(3) All Continental Shelf fishery resources beyond the fishery conservation zone." EFFECTIVE DATE OF 1990 AMENDMENT Section 103(c) of Pub. L. 101-627 provided that: "The amendments made by this section [amending this section] shall take effect on January 1, 1992." -End- -CITE- 16 USC Sec. 1813 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES -HEAD- Sec. 1813. Omitted -COD- CODIFICATION Section, Pub. L. 94-265, title I, Sec. 103, Apr. 13, 1976, 90 Stat. 336, which related to exclusion of highly migratory species of fish from exclusive fishery management authority, was omitted in the general revision of this subchapter by section 101(b) of Pub. L. 99-659. See section 1812 of this title. -End- -CITE- 16 USC SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS -HEAD- SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS -End- -CITE- 16 USC Sec. 1821 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS -HEAD- Sec. 1821. Foreign fishing -STATUTE- (a) In general After February 28, 1977, no foreign fishing is authorized within the exclusive economic zone, or for anadromous species or Continental Shelf fishery resources beyond the exclusive economic zone, unless such foreign fishing - (1) is authorized under subsections (b) or (c) of this section or section 1824(e) of this title, or under a permit issued under section 1824(d) of this title; (2) is not prohibited under subsection (f) of this section; and (3) is conducted under, and in accordance with, a valid and applicable permit issued pursuant to section 1824 of this title. (b) Existing international fishery agreements Foreign fishing described in subsection (a) of this section may be conducted pursuant to an international fishery agreement (subject to the provisions of section 1822(b) or (c) of this title), if such agreement - (1) was in effect on April 13, 1976; and (2) has not expired, been renegotiated, or otherwise ceased to be of force and effect with respect to the United States. (c) Governing international fishery agreements Foreign fishing described in subsection (a) of this section may be conducted pursuant to an international fishery agreement (other than a treaty) which meets the requirements of this subsection if such agreement becomes effective after application of section 1823 of this title. Any such international fishery agreement shall hereafter in this chapter be referred to as a "governing international fishery agreement". Each governing international fishery agreement shall acknowledge the exclusive fishery management authority of the United States, as set forth in this chapter. It is the sense of the Congress that each such agreement shall include a binding commitment, on the part of such foreign nation and its fishing vessels, to comply with the following terms and conditions: (1) The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by all regulations promulgated by the Secretary pursuant to this chapter, including any regulations promulgated to implement any applicable fishery management plan or any preliminary fishery management plan. (2) The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by the requirement that - (A) any officer authorized to enforce the provisions of this chapter (as provided for in section 1861 of this title) be permitted - (i) to board, and search or inspect, any such vessel at any time, (ii) to make arrests and seizures provided for in section 1861(b) of this title whenever such officer has reasonable cause to believe, as a result of such a search or inspection, that any such vessel or any person has committed an act prohibited by section 1857 of this title, and (iii) to examine and make notations on the permit issued pursuant to section 1824 of this title for such vessel; (B) the permit issued for any such vessel pursuant to section 1824 of this title be prominently displayed in the wheelhouse of such vessel; (C) transponders, or such other appropriate position-fixing and identification equipment as the Secretary of the department in which the Coast Guard is operating determines to be appropriate, be installed and maintained in working order on each such vessel; (D) United States observers required under subsection (h) of this section be permitted to be stationed aboard any such vessel and that all of the costs incurred incident to such stationing, including the costs of data editing and entry and observer monitoring, be paid for, in accordance with such subsection, by the owner or operator of the vessel; (E) any fees required under section 1824(b)(10) of this title be paid in advance; (F) agents be appointed and maintained within the United States who are authorized to receive and respond to any legal process issued in the United States with respect to such owner or operator; and (G) responsibility be assumed, in accordance with any requirements prescribed by the Secretary, for the reimbursement of United States citizens for any loss of, or damage to, their fishing vessels, fishing gear, or catch which is caused by any fishing vessel of that nation; and will abide by any other monitoring, compliance, or enforcement requirement related to fishery conservation and management which is included in such agreement. (3) The foreign nation and the owners or operators of all of the fishing vessels of such nation shall not, in any year, harvest an amount of fish which exceeds such nation's allocation of the total allowable level of foreign fishing, as determined under subsection (e) of this section. (4) The foreign nation will - (A) apply, pursuant to section 1824 of this title, for any required permits; (B) deliver promptly to the owner or operator of the appropriate fishing vessel any permit which is issued under that section for such vessel; (C) abide by, and take appropriate steps under its own laws to assure that all such owners and operators comply with, section 1824(a) of this title and the applicable conditions and restrictions established under section 1824(b)(7) of this title; and (D) take, or refrain from taking, as appropriate, actions of the kind referred to in subsection (e)(1) of this section in order to receive favorable allocations under such subsection. (d) Total allowable level of foreign fishing The total allowable level of foreign fishing, if any, with respect to any fishery subject to the exclusive fishery management authority of the United States, is that portion of the optimum yield of such fishery which cannot, or will not, be harvested by vessels of the United States, as determined in accordance with this chapter. Allocations of the total allowable level of foreign fishing are discretionary, except that the total allowable level shall be zero for fisheries determined by the Secretary to have adequate or excess domestic harvest capacity. (e) Allocation of allowable level (1)(A) The Secretary of State, in cooperation with the Secretary, may make allocations to foreign nations from the total allowable level of foreign fishing which is permitted with respect to each fishery subject to the exclusive fishery management authority of the United States. (B) From the determinations made under subparagraph (A), the Secretary of State shall compute the aggregate of all of the fishery allocations made to each foreign nation. (C) The Secretary of State shall initially release to each foreign nation for harvesting up to 50 percent of the allocations aggregate computed for such nation under subparagraph (B), and such release of allocation shall be apportioned by the Secretary of State, in cooperation with the Secretary, among the individual fishery allocations determined for that nation under subparagraph (A). The basis on which each apportionment is made under this subparagraph shall be stated in writing by the Secretary of State. (D) After the initial release of fishery allocations under subparagraph (C) to a foreign nation, any subsequent release of an allocation for any fishery to such nation shall only be made - (i) after the lapse of such period of time as may be sufficient for purposes of making the determination required under clause (ii); and (ii) if the Secretary of State and the Secretary, after taking into account the size of the allocation for such fishery and the length and timing of the fishing season, determine in writing that such nation is complying with the purposes and intent of this paragraph with respect to such fishery. If the foreign nation is not determined under clause (ii) to be in such compliance, the Secretary of State shall reduce, in a manner and quantity he considers to be appropriate (I) the remainder of such allocation, or (II) if all of such allocation has been released, the next allocation of such fishery, if any, made to such nation. (E) The determinations required to be made under subparagraphs (A) and (D)(ii), and the apportionments required to be made under subparagraph (C), with respect to a foreign nation shall be based on - (i) whether, and to what extent, such nation imposes tariff barriers or nontariff barriers on the importation, or otherwise restricts the market access, of both United States fish and fishery products, particularly fish and fishery products for which the foreign nation has requested an allocation; (ii) whether, and to what extent, such nation is cooperating with the United States in both the advancement of existing and new opportunities for fisheries exports from the United States through the purchase of fishery products from United States processors, and the advancement of fisheries trade through the purchase of fish and fishery products from United States fishermen, particularly fish and fishery products for which the foreign nation has requested an allocation; (iii) whether, and to what extent, such nation and the fishing fleets of such nation have cooperated with the United States in the enforcement of United States fishing regulations; (iv) whether, and to what extent, such nation requires the fish harvested from the exclusive economic zone for its domestic consumption; (v) whether, and to what extent, such nation otherwise contributes to, or fosters the growth of, a sound and economic United States fishing industry, including minimizing gear conflicts with fishing operations of United States fishermen, and transferring harvesting or processing technology which will benefit the United States fishing industry; (vi) whether, and to what extent, the fishing vessels of such nation have traditionally engaged in fishing in such fishery; (vii) whether, and to what extent, such nation is cooperating with the United States in, and making substantial contributions to, fishery research and the identification of fishery resources; and (viii) such other matters as the Secretary of State, in cooperation with the Secretary, deems appropriate. (2)(A) For the purposes of this paragraph - (i) The term "certification" means a certification made by the Secretary that nationals of a foreign country, directly or indirectly, are conducting fishing operations or engaging in trade or taking which diminishes the effectiveness of the International Convention for the Regulation of Whaling. A certification under this section shall also be deemed a certification for the purposes of section 1978(a) of title 22. (ii) The term "remedial period" means the 365-day period beginning on the date on which a certification is issued with respect to a foreign country. (B) If the Secretary issues a certification with respect to any foreign country, then each allocation under paragraph (1) that - (i) is in effect for that foreign country on the date of issuance; or (ii) is not in effect on such date but would, without regard to this paragraph, be made to the foreign country within the remedial period; shall be reduced by the Secretary of State, in consultation with the Secretary, by not less than 50 percent. (C) The following apply for purposes of administering subparagraph (B) with respect to any foreign country: (i) If on the date of certification, the foreign country has harvested a portion, but not all, of the quantity of fish specified under any allocation, the reduction under subparagraph (B) for that allocation shall be applied with respect to the quantity not harvested as of such date. (ii) If the Secretary notified the Secretary of State that it is not likely that the certification of the foreign country will be terminated under section 1978(d) of title 22 before the close of the period for which an allocation is applicable or before the close of the remedial period (whichever close first occurs) the Secretary of State, in consultation with the Secretary, shall reallocate any portion of any reduction made under subparagraph (B) among one or more foreign countries for which no certification is in effect. (iii) If the certification is terminated under such section 1978(d) of title 22 during the remedial period, the Secretary of State shall return to the foreign country that portion of any allocation reduced under subparagraph (B) that was not reallocated under clause (ii); unless the harvesting of the fish covered by the allocation is otherwise prohibited under this chapter. (iv) The Secretary may refund or credit, by reason of reduction of any allocation under this paragraph, any fee paid under section 1824 of this title. (D) If the certification of a foreign country is not terminated under section 1978(d) of title 22 before the close of the last day of the remedial period, the Secretary of State - (i) with respect to any allocation made to that country and in effect (as reduced under subparagraph (B)) on such last day, shall rescind, effective on and after the day after such last day, any unharvested portion of such allocation; and (ii) may not thereafter make any allocation to that country under paragraph (1) until the certification is terminated. (f) Reciprocity Foreign fishing shall not be authorized for the fishing vessels of any foreign nation unless such nation satisfies the Secretary and the Secretary of State that such nation extends substantially the same fishing privileges to fishing vessels of the United States, if any, as the United States extends to foreign fishing vessels. (g) Preliminary fishery management plans The Secretary, when notified by the Secretary of State that any foreign nation has submitted an application under section 1824(b) of this title shall prepare a preliminary fishery management plan for any fishery covered by such application if the Secretary determines that no fishery management plan for that fishery will be prepared and implemented, pursuant to subchapter IV of this chapter, before March 1, 1977. To the extent practicable, each such plan - (1) shall contain a preliminary description of the fishery and a preliminary determination as to - (A) the optimum yield from such fishery; (B) when appropriate, the capacity and extent to which United States fish processors will process that portion of such optimum yield that will be harvested by vessels of the United States; and (C) the total allowable level of foreign fishing with respect to such fishery; (2) shall require each foreign fishing vessel engaged or wishing to engage in such fishery to obtain a permit from the Secretary; (3) shall require the submission of pertinent data to the Secretary, with respect to such fishery, as described in section 1853(a)(5) of this title; and (4) may, to the extent necessary to prevent irreversible effects from overfishing, with respect to such fishery, contain conservation and management measures applicable to foreign fishing which - (A) are determined to be necessary and appropriate for the conservation and management of such fishery, (B) are consistent with the national standards, the other provisions of this chapter, and other applicable law, and (C) are described in section 1853(b)(2), (3), (4), (5), and (7) of this title. Each preliminary fishery management plan shall be in effect with respect to foreign fishing for which permits have been issued until a fishery management plan is prepared and implemented, pursuant to subchapter IV of this chapter, with respect to such fishery. The Secretary may, in accordance with section 553 of title 5, also prepare and promulgate interim regulations with respect to any such preliminary plan. Such regulations shall be in effect until regulations implementing the applicable fishery management plan are promulgated pursuant to section 1855 of this title. (h) Full observer coverage program (1)(A) Except as provided in paragraph (2), the Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel is engaged in fishing within the exclusive economic zone. (B) The Secretary shall by regulation prescribe minimum health and safety standards that shall be maintained aboard each foreign fishing vessel with regard to the facilities provided for the quartering of, and the carrying out of observer functions by, United States observers. (2) The requirement in paragraph (1) that a United States observer be placed aboard each foreign fishing vessel may be waived by the Secretary if he finds that - (A) in a situation where a fleet of harvesting vessels transfers its catch taken within the exclusive economic zone to another vessel, aboard which is a United States observer, the stationing of United States observers on only a portion of the harvesting vessel fleet will provide a representative sampling of the by-catch of the fleet that is sufficient for purposes of determining whether the requirements of the applicable management plans for the by-catch species are being complied with; (B) in a situation where the foreign fishing vessel is operating under a Pacific Insular Area fishing agreement, the Governor of the applicable Pacific Insular Area, in consultation with the Western Pacific Council, has established an observer coverage program or other monitoring program that the Secretary, in consultation with the Western Pacific Management Council, determines is adequate to monitor harvest, bycatch, and compliance with the laws of the United States by vessels fishing under the agreement; (C) the time during which a foreign fishing vessel will engage in fishing within the exclusive economic zone will be of such short duration that the placing of a United States observer aboard the vessel would be impractical; or (D) for reasons beyond the control of the Secretary, an observer is not available. (3) Observers, while stationed aboard foreign fishing vessels, shall carry out such scientific, compliance monitoring, and other functions as the Secretary deems necessary or appropriate to carry out the purposes of this chapter; and shall cooperate in carrying out such other scientific programs relating to the conservation and management of living resources as the Secretary deems appropriate. (4) In addition to any fee imposed under section 1824(b)(10) of this title and section 1980(e) of title 22 with respect to foreign fishing for any year after 1980, the Secretary shall impose, with respect to each foreign fishing vessel for which a permit is issued under such section 1824 of this title, a surcharge in an amount sufficient to cover all the costs of providing a United States observer aboard that vessel. The failure to pay any surcharge imposed under this paragraph shall be treated by the Secretary as a failure to pay the permit fee for such vessel under section 1824(b)(10) of this title. All surcharges collected by the Secretary under this paragraph shall be deposited in the Foreign Fishing Observer Fund established by paragraph (5). (5) There is established in the Treasury of the United States the Foreign Fishing Observer Fund. The Fund shall be available to the Secretary as a revolving fund for the purpose of carrying out this subsection. The Fund shall consist of the surcharges deposited into it as required under paragraph (4). All payments made by the Secretary to carry out this subsection shall be paid from the Fund, only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of this subsection shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. (6) If at any time the requirement set forth in paragraph (1) cannot be met because of insufficient appropriations, the Secretary shall, in implementing a supplementary observer program: (A) certify as observers, for the purposes of this subsection, individuals who are citizens or nationals of the United States and who have the requisite education or experience to carry out the functions referred to in paragraph (3); (B) establish standards of conduct for certified observers equivalent to those applicable to Federal personnel; (C) establish a reasonable schedule of fees that certified observers or their agents shall be paid by the owners and operators of foreign fishing vessels for observer services; and (D) monitor the performance of observers to ensure that it meets the purposes of this chapter. (i) Recreational fishing Notwithstanding any other provision of this subchapter, foreign fishing vessels which are not operated for profit may engage in recreational fishing within the exclusive economic zone and the waters within the boundaries of a State subject to obtaining such permits, paying such reasonable fees, and complying with such conditions and restrictions as the Secretary and the Governor of the State (or his designee) shall impose as being necessary or appropriate to insure that the fishing activity of such foreign vessels within such zone or waters, respectively, is consistent with all applicable Federal and State laws and any applicable fishery management plan implemented under section 1854 of this title. The Secretary shall consult with the Secretary of State and the Secretary of the Department in which the Coast Guard is operating in formulating the conditions and restrictions to be applied by the Secretary under the authority of this subsection. -SOURCE- (Pub. L. 94-265, title II, Sec. 201, Apr. 13, 1976, 90 Stat. 337; Pub. L. 95-354, Sec. 4(1)-(4), Aug. 28, 1978, 92 Stat. 519, 520; Pub. L. 96-61, Sec. 3(a), Aug. 15, 1979, 93 Stat. 407; Pub. L. 96- 118, Sec. 5, Nov. 16, 1979, 93 Stat. 860; Pub. L 96-561, title II, Secs. 230, 231(a), 236, Dec. 22, 1980, 94 Stat. 3296, 3297, 3299; Pub. L. 97-453, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2481; Pub. L. 98- 623, title IV, Sec. 404(1), (2), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 99-386, title II, Sec. 206(a), Aug. 22, 1986, 100 Stat. 823; Pub. L. 99-659, title I, Secs. 101(c)(2), 103(a), Nov. 14, 1986, 100 Stat. 3707, 3708; Pub. L. 101-627, title I, Sec. 104, Nov. 28, 1990, 104 Stat. 4439; Pub. L. 102-251, title III, Sec. 301(d), Mar. 9, 1992, 106 Stat. 63; Pub. L. 103-236, title I, Sec. 139(24), Apr. 30, 1994, 108 Stat. 399; Pub. L. 104-297, title I, Sec. 105(a), Oct. 11, 1996, 110 Stat. 3563; Pub. L. 109-479, Sec. 5, title IV, Sec. 404(a), Jan. 12, 2007, 120 Stat. 3578, 3632.) -STATAMEND- AMENDMENT OF SECTION Pub. L. 102-251, title III, Secs. 301(d), 308, Mar. 9, 1992, 106 Stat. 63, 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, this section is amended: (1) in subsection (a), (A) by inserting "within the special areas," immediately before "or for anadromous species" and (B) by striking "beyond the exclusive economic zone" and inserting in lieu thereof "beyond such zone or areas"; (2) in subsection (e)(1)(E)(IV)[iv], by inserting "or special areas" immediately after "exclusive economic zone"; (3) in subsection (i), (A) by inserting "or special areas" immediately before the period at the end of paragraph (1)(A), (B) by inserting "or special areas" immediately after "exclusive economic zone" in paragraph (2)(A), and (C) by inserting "or special areas" immediately after "exclusive economic zone" in paragraph (2)(B); and (4) in subsection (j), (A) by inserting ", special areas," immediately after "exclusive economic zone", and (B) by inserting ", areas," immediately after "such zone". -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsecs. (c), (d), (e)(2)(C)(iii), (g), and (h)(3), (6)(D), was in the original "this Act", meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as amended, 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. -MISC1- AMENDMENTS 2007 - Subsec. (d). Pub. L. 109-479, Sec. 5, substituted "is" for "shall be" and "cannot, or will not," for "will not" and inserted at end "Allocations of the total allowable level of foreign fishing are discretionary, except that the total allowable level shall be zero for fisheries determined by the Secretary to have adequate or excess domestic harvest capacity." Subsec. (h)(2)(B). Pub. L. 109-479, Sec. 404(a), substituted "or other monitoring program that the Secretary, in consultation with the Western Pacific Management Council, determines is adequate to monitor harvest, bycatch, and compliance with the laws of the United States by vessels fishing under the agreement;" for "that is at least equal in effectiveness to the program established by the Secretary;". 1996 - Subsec. (a)(1), (2). Pub. L. 104-297, Sec. 105(a)(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: "(1) is authorized under subsection (b) or (c) of this section; "(2) is not prohibited by subsection (g) of this section; and". Subsec. (c)(2)(D). Pub. L. 104-297, Sec. 105(a)(2), substituted "subsection (h)" for "subsection (i)". Subsec. (f). Pub. L. 104-297, Sec. 105(a)(3), (4), repealed subsec. (f) and redesignated subsec. (g) as (f). See 1994 Amendment note below. Subsec. (g). Pub. L. 104-297, Sec. 105(a)(4), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f). Subsec. (h). Pub. L. 104-297, Sec. 105(a)(4), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g). Subsec. (h)(2)(B) to (D). Pub. L. 104-297, Sec. 105(a)(5), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. Subsec. (i). Pub. L. 104-297, Sec. 105(a)(4), (6), redesignated subsec. (j) as (i) and substituted "section 1854" for "section 1855". Former subsec. (i) redesignated (h). Subsec. (j). Pub. L. 104-297, Sec. 105(a)(4), redesignated subsec. (j) as (i). 1994 - Subsec. (f). Pub. L. 103-236 directed the repeal of section 201(f) of the Fishery Conservation and Management Act, 1976, which was executed by repealing subsec. (f) of this section which was section 201(f) of the Magnuson Fishery Conservation and Management Act. Prior to repeal, subsec. (f) read as follows: "The Secretary and the Secretary of State shall prepare and submit a report to the Congress and the President, not later than July 1 of each year, setting forth - "(1) a list of species of all allocations made to foreign nations pursuant to subsection (e) of this section and all permits issued pursuant to section 1824(b)(6)(B) of this title; and "(2) all tariff and nontariff trade barriers imposed by such nations on the importation of such species from the United States." 1990 - Subsec. (d). Pub. L. 101-627 amended subsec. (d) generally, limiting the total allowable level of foreign fishing, with respect to any fishery subject to the exclusive management authority of the United States, to only that part of the potential fishery yield which is not harvested by United States fishermen and deleting the alternative method of determining the total allowable level of foreign fishing based on the annual fishing level for each harvesting season after the 1980 harvesting season. 1986 - Subsecs. (a), (e)(1)(E)(iv). Pub. L. 99-659, Sec. 101(c)(2), substituted "exclusive economic zone" for "fishery conservation zone" in two places. Subsec. (f). Pub. L. 99-386 substituted "The Secretary and the Secretary of State shall" for "The Secretary of the Treasury, in cooperation with the Secretary and the Secretary of State, shall". Subsec. (i)(1). Pub. L. 99-659, Secs. 101(c)(2), 103(a)(1), (2), designated existing provisions as subpar. (A), substituted "exclusive economic zone" for "fishery conservation zone", and added subpar. (B). Subsec. (i)(2)(A). Pub. L. 99-659, Sec. 101(c)(2), substituted "exclusive economic zone" for "fishery conservation zone". Subsec. (i)(2)(B). Pub. L. 99-659, Sec. 103(a)(3), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "with respect to any foreign fishing vessel while it is engaged in fishing within the fishery conservation zone - "(i) the time during which the vessel engages in such fishing will be of such short duration that the placing of a United States observer aboard the vessel would be impractical, or "(ii) the facilities of the vessel for the quartering of a United States observer, or for the carrying out of observer functions, are so inadequate or unsafe that the health or safety of an observer would be jeopardized; or" Subsec. (j). Pub. L. 99-659, Sec. 101(c)(2), substituted "exclusive economic zone" for "fishery conservation zone". 1984 - Subsec. (d)(4). Pub. L. 98-623, Sec. 404(1), substituted "may allocate" for "shall allocate" in provisions preceding subpar. (A). Subsec. (e)(1)(A). Pub. L. 98-623, Sec. 404(2)(A), substituted "may make allocations to foreign nations from" for "shall determine the allocation among foreign nations of". Subsec. (e)(1)(E)(i). Pub. L. 98-623, Sec. 404(2)(B), substituted "both United States fish and fishery products" for "United States fish or fishery products" and inserted ", particularly fish and fishery products for which the foreign nation has requested an allocation". Subsec. (e)(1)(E)(ii). Pub. L. 98-623, Sec. 404(2)(C), amended provisions generally, thereby substituting "in both the advancement of existing and new opportunities for fisheries exports from the United States through the purchase of fishery products from United States processors, and the advancement of fisheries trade through the purchase of fish and fishery products from United States fishermen, particularly fish and fishery products for which the foreign nation has requested an allocation" for "in the advancement of existing and new opportunities for fisheries trade, particularly through the purchase of fish or fishery products from United States processors or from United States fishermen". 1983 - Subsec. (c)(2)(D). Pub. L. 97-453, Sec. 2(a)(1), amended par. (D) generally, substituting "United States observers required under subsection (i) of this section be permitted to be stationed aboard any such vessel and that all of the costs incurred incident to such stationing, including the costs of data editing and entry and observer monitoring, be paid for, in accordance with such subsection, by the owner or operator of the vessel" for "duly authorized United States observers be permitted on board any such vessel and that the United States be reimbursed for the cost of such observers". Subsec. (c)(4)(D). Pub. L. 97-453, Sec. 2(a)(2), added subpar. (D). Subsec. (d)(4). Pub. L. 97-453, Sec. 2(a)(3), substituted "may be allocated" for "shall be allocated" after "then such portion or part". Subsec. (e)(1). Pub. L. 97-453, Sec. 2(a)(4), designated first sentence of existing provisions as subpar. (A), added subpars. (B), (C), and (D), and redesignated former subpars. (A) through (H) as cls. (i) through (viii) of subpar. (E), respectively. Subsec. (i)(3). Pub. L. 97-453, Sec. 2(a)(5)(A)(i), substituted provision that observers, while stationed aboard foreign fishing vessels, shall carry out such scientific, compliance monitoring, and other functions as the Secretary deems necessary or appropriate to carry out the purposes of this chapter and shall cooperate in carrying out such other scientific programs relating to the conservation and management of living resources as the Secretary deems appropriate, for provision that United States observers, while aboard foreign fishing vessels, were to carry out such scientific and other functions as the Secretary deemed necessary or appropriate to carry out the purposes of this chapter. Subsec. (i)(6). Pub. L. 97-453, Sec. 2(a)(5)(A)(ii), added par. (6). Subsec. (j). Pub. L. 97-453, Sec. 2(a)(6), added subsec. (j). 1980 - Subsec. (d). Pub. L. 96-561, Sec. 230, designated existing provision as par. (2), substituted provision prescribing the total allowable level of foreign fishing with respect to any United States fishery for each harvesting season after the 1980 harvesting season as the level representing that portion of the optimum yield of such fishery that will not be harvested by vessels of the United States as determined in accordance with provisions of this chapter, other than those relating to the determination of annual fishing levels, or the annual fishing levels determined pursuant to par. (3) of this section for the harvesting season for provision prescribing the total allowable level of foreign fishing with respect to any fishery subject to the exclusive fishery management authority of the United States as that portion of the optimum yield of such fishery which will not be harvested by vessels of the United States, as determined in accordance with provisions of this chapter, and added pars. (1), (3), and (4). Subsec. (e). Pub. L. 96-561, Sec. 231(a), substituted "All such determinations shall be made by the Secretary of State and the Secretary on the basis of" for "In making any such determination, the Secretary of State and the Secretary shall consider", added subpars. (A), (B), (D), and (E), redesignated former subpars. (A), (B), and (D) as (F), (G), and (H), respectively, and in subpar. (C) substituted determination where such nations and the fishing fleets of such nations have cooperated with the United States in enforcement of United States fishing regulations for determination where such nations have cooperated with the United States in enforcement and with respect to conservation and management of fishery resources. Subsec. (i). Pub. L. 96-561, Sec. 236, added subsec. (i). 1979 - Subsec. (e). Pub. L. 96-61 designated existing provisions as par. (1), redesignated pars. (1) through (4) as subpars. (A) to (D), and added par. (2). Subsec. (e)(2)(D)(i). Pub. L. 96-118 substituted "unharvested" for "harvested". 1978 - Subsec. (a)(2). Pub. L. 95-354, Sec. 4(1), substituted "(g)" for "(f)". Subsec. (c)(3). Pub. L. 95-354, Sec. 4(2), substituted "harvest an amount of fish which exceeds" for "exceed". Subsecs. (f) to (h). Pub. L. 95-354, Sec. 4(3), (4), added subsec. (f), redesignated former subsecs. (f) and (g) as (g) and (h), and in subsec. (h)(1), as so redesignated, set out existing provisions as cls. (A) and (C) and added cl. (B). EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102-251, set out as a note under section 773 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Section 2(b) of Pub. L. 97-453 provided that: "The amendments made by subsection (a)(1) and (5)(A)(ii) [amending this section] shall take effect January 1, 1984." EFFECTIVE DATE OF 1980 AMENDMENT Sections 231(b), 238(b) of Pub. L. 96-561, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to the 1981 harvesting season and harvesting seasons thereafter (a