16 USC 1853 - Contents of fishery management plans

1 So in original. Probably should be followed by “and”.

charter fishing, and fish processing in the fishery, including, but not limited to, information regarding the type and quantity of fishing gear used, catch by species in numbers of fish or weight thereof, areas in which fishing was engaged in, time of fishing, number of hauls, economic information necessary to meet the requirements of this chapter, and the estimated processing capacity of, and the actual processing capacity utilized by, United States fish processors,

2 So in original. The comma probably should be a semicolon.

3 So in original. Probably should be “fishery; and”.

4 So in original. No par. (13) has been enacted.

prescribe such other measures, requirements, or conditions and restrictions as are determined to be necessary and appropriate for the conservation and management of the fishery.

Amendment of Subsection (span)(1)(A)

Puspan. L. 102–251, title III, §§ 301(g), 308, Mar. 9, 1992, 106 Stat. 64, 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 (span)(1)(A) is amended by inserting “or special areas,” after “exclusive economic zone” and “or areas” after “such zone”.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1)(C), (5) and (span)(2)(C), (4), (5), (10), was in the original “this Act”, meaning Puspan. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Amendments

2007—Subsec. (a)(5). Puspan. L. 109–479, § 104(a)(1), (2), substituted “charter fishing, and fish processing” for “and charter fishing” and inserted “economic information necessary to meet the requirements of this chapter,” after “number of hauls,”.

Subsec. (a)(9). Puspan. L. 109–479, § 101(span), in introductory provisions, substituted “analyze the likely effects, if any, including the cumulative conservation, economic, and social impacts, of the conservation and management measures on, and possible mitigation measures for—” for “describe the likely effects, if any, of the conservation and management measures on—”.

Subsec. (a)(9)(C). Puspan. L. 109–479, § 104(a)(3)–(5), added subpar. (C).

Subsec. (a)(13). Puspan. L. 109–479, § 104(a)(6), (7), substituted “in the fishery, including its economic impact,” for “in the fishery” and struck out “and” after semicolon at end.

Subsec. (a)(14). Puspan. L. 109–479, § 104(a)(8), (9), substituted “allocate, taking into consideration the economic impact of the harvest restrictions or recovery benefits on the fishery participants in each sector,” for “allocate” and “fishery and;” for “fishery.”

Subsec. (a)(15). Puspan. L. 109–479, § 104(a)(10), added par. (15).

Subsec. (span)(2). Puspan. L. 109–479, § 105(1), (2), designated existing provisions as subpar. (A) and added subpars. (B) and (C).

Subsec. (span)(5). Puspan. L. 109–479, § 105(3), substituted “fishery and take into account the different circumstances affecting fisheries from different States and ports, including distances to fishing grounds and proximity to time and area closures;” for “fishery;”.

Subsec. (span)(6). Puspan. L. 109–479, § 105(4), added par. (6) and struck out former par. (6) which read as follows: “establish a limited access system for the fishery in order to achieve optimum yield if, in developing such system, the Council and the Secretary take into account—

“(A) present participation in the fishery,

“(B) historical fishing practices in, and dependence on, the fishery,

“(C) the economics of the fishery,

“(D) the capability of fishing vessels used in the fishery to engage in other fisheries,

“(E) the cultural and social framework relevant to the fishery and any affected fishing communities, and

“(F) any other relevant considerations;”.

Subsec. (span)(7). Puspan. L. 109–479, § 105(5), struck out “(other than economic data)” after “submit data”.

Subsec. (span)(12), (14). Puspan. L. 109–479, § 105(6), (7), added par. (12) and redesignated former par. (12) as (14).

Subsec. (d). Puspan. L. 109–479, § 106(a)(1), struck out subsec. (d) which related to individual fishing quotas.

2000—Subsec. (d)(1)(A), (5). Puspan. L. 106–554 substituted “October 1, 2002,” for “October 1, 2000,”.

1996—Subsec. (a)(1)(A). Puspan. L. 104–297, § 108(a)(1), inserted “and rebuild overfished stocks” after “overfishing”.

Subsec. (a)(5). Puspan. L. 104–297, § 108(a)(2), inserted “commercial, recreational, and charter fishing in” after “with respect to”.

Subsec. (a)(7). Puspan. L. 104–297, § 108(a)(3), added par. (7) and struck out former par. (7) which read as follows: “include readily available information regarding the significance of habitat to the fishery and assessment as to the effects which changes to that habitat may have upon the fishery;”.

Subsec. (a)(9)(A). Puspan. L. 104–297, § 108(a)(5), inserted “and fishing communities” after “fisheries”.

Subsec. (a)(10) to (14). Puspan. L. 104–297, § 108(a)(4), (6), (7), added pars. (10) to (14).

Subsec. (span)(3). Puspan. L. 104–297, § 108(c)(1), added par. (3) and struck out former par. (3) which read as follows: “establish specified limitations on the catch of fish (based on area, species, size, number, weight, sex, incidental catch, total biomass, or other factors), which are necessary and appropriate for the conservation and management of the fishery;”.

Subsec. (span)(6). Puspan. L. 104–297, § 108(c)(2), substituted “limited access system for” for “system for limiting access to” in introductory provisions.

Subsec. (span)(6)(E). Puspan. L. 104–297, § 108(c)(3), inserted “and any affected fishing communities” after “fishery”.

Subsec. (span)(8). Puspan. L. 104–297, § 108(c)(4), substituted “require that one or more” for “require that”.

Subsec. (span)(10) to (12). Puspan. L. 104–297, § 108(c)(5)–(7), added pars. (10) and (11) and redesignated former par. (10) as (12).

Subsec. (c). Puspan. L. 104–297, § 108(d), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “The proposed regulations which the Council deems necessary or appropriate for purposes of carrying out a plan or amendment to a plan shall be submitted to the Secretary simultaneously with the plan or amendment for action by the Secretary under sections 1854 and 1855 of this title.”

Subsecs. (d) to (f). Puspan. L. 104–297, § 108(e), added subsec. (d) and struck out former subsecs. (d) relating to confidentiality of statistics, (e) relating to data collection programs, and (f) relating to restriction on use of certain data.

1990—Subsec. (a)(1)(A). Puspan. L. 101–627, § 109(a)(1), inserted before semicolon at end “, to prevent overfishing, and to protect, restore, and promote the long-term health and stability of the fishery”.

Subsec. (a)(1)(C). Puspan. L. 101–627, § 109(a)(2), inserted “regulations implementing recommendations by international organizations in which the United States participates (including but not limited to closed areas, quotas, and size limits),” after “this chapter,”.

Subsec. (a)(6). Puspan. L. 101–627, § 109(a)(3), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “consider, and may provide for, temporary adjustments, after consultation with the Coast Guard and persons utilizing the fishery, regarding access to the fishery for vessels otherwise prevented from harvesting because of weather or other ocean conditions affecting the safety of the vessels; and”.

Subsec. (a)(8), (9). Puspan. L. 101–627, § 109(a)(4), (5), added pars. (8) and (9).

Subsec. (span)(1). Puspan. L. 101–627, § 109(span)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “require a permit to be obtained from, and fees to be paid to, the Secretary with respect to any fishing vessel of the United States fishing, or wishing to fish, in the exclusive economic zone, or for anadromous species or Continental Shelf fishery resources beyond such zone;”.

Subsec. (span)(7) to (10). Puspan. L. 101–627, § 109(span)(2), added pars. (7) and (8) and redesignated former pars. (7) and (8) as (9) and (10), respectively.

Subsec. (d). Puspan. L. 101–627, § 109(c), in introductory provisions substituted “subsections (a) and (span)” for “subsection (a)(5)”, added par. (2), redesignated former par. (2) as (3), and inserted at end “Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary, or with the approval of the Secretary, the Council, of any statistic submitted in compliance with a requirement under subsection (a) or (span) of this section.”

Subsec. (f). Puspan. L. 101–627, § 109(d), added subsec. (f).

1986—Subsec. (a)(6), (7). Puspan. L. 99–659, § 105(a)(1), added pars. (6) and (7).

Subsec. (span)(1). Puspan. L. 99–659, § 101(c)(2), substituted “exclusive economic zone” for “fishery conservation zone”.

Subsec. (d). Puspan. L. 99–659, § 105(span), amended first sentence generally. Prior to amendment, first sentence read as follows: “Any statistics submitted to the Secretary by any person in compliance with any requirement under subsection (a)(5) of this section shall be confidential and shall not be disclosed except when required under court order.”

1983—Subsec. (span)(7), (8). Puspan. L. 97–453, § 6(1), added par. (7) and redesignated former par. (7) as (8).

Subsec. (c). Puspan. L. 97–453, § 6(2), substituted provision that the proposed regulation which the Council deems necessary or appropriate for purposes of carrying out a plan or amendment to a plan shall be submitted to the Secretary simultaneously with the plan or amendment for action by the Secretary under sections 1854 and 1855 of this title, for provision that any Council could prepare any proposed regulations which it deemed necessary and appropriate to carry out any fishery management plan, or any amendment to any fishery management plan, which was prepared by it, and that such proposed regulations would be submitted to the Secretary, together with such plan or amendment, for action by the Secretary pursuant to sections 1854 and 1855 of this title.

Subsec. (e). Puspan. L. 97–453, § 6(3), added subsec. (e).

1978—Subsec. (a)(4)(C). Puspan. L. 95–354, § 5(2), added subpar. (C).

Subsec. (a)(5). Puspan. L. 95–354, § 5(3), inserted provisions relating to estimated processing capacity of, and the actual processing utilized by, United States fish processors.

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment; Applicability

Puspan. L. 109–479, title I, § 104(span), Jan. 12, 2007, 120 Stat. 3584, provided that: “The amendment made by subsection (a)(10) [amending this section]—

“(1) shall, unless otherwise provided for under an international agreement in which the United States participates, take effect—

“(A) in fishing year 2010 for fisheries determined by the Secretary to be subject to overfishing; and

“(B) in fishing year 2011 for all other fisheries; and

“(2) shall not apply to a fishery for species that have a life cycle of approximately 1 year unless the Secretary has determined the fishery is subject to overfishing of that species; and

“(3) shall not limit or otherwise affect the requirements of section 301(a)(1) or 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)(1) or 1854(e), respectively).”

Effective Date of 1992 Amendment

Amendment by Puspan. 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 Puspan. L. 102–251, set out as a note under section 773 of this title.

Effective Date of 1986 Amendment

Puspan. L. 99–659, title I, § 105(a)(2), Nov. 14, 1986, 100 Stat. 3711, provided that: “The amendments made by paragraph (1) [amending this section] apply to each fishery management plan that—

“(A) is submitted to the Secretary of Commerce for review under section 304(a) of the Act [16 U.S.C. 1854(a)], or that is prepared by the Secretary, after January 1, 1987; or

“(B) is in effect on that date, but compliance with those amendments is not required except in conjunction with the amendment to the plan next occurring after that date.”

Transfer of Functions

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

Exceptions to Subsection (d)(1) and Section 1883 Plan Restrictions

Puspan. L. 106–554, § 1(a)(4) [div. B, title I, § 144(span)], Dec. 21, 2000, 114 Stat. 2763, 2763A–238, provided that:

“Notwithstanding sections 303(d)(1)(A) and 303(d)(1)(B) of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1853(d)(1)(A), (B)], as amended by this section, the Pacific Fishery Management Council may recommend and the Secretary of Commerce may approve and implement any fishery management plan, plan amendment, or regulation, for fixed gear sablefish subject to the jurisdiction of such Council, that—

“(1) allows the use of more than one groundfish fishing permit by each fishing vessel; and/or

“(2) sets cumulative trip limit periods, up to 12 months in any calendar year, that allow fishing vessels a reasonable opportunity to harvest the full amount of the associated trip limits.

Notwithstanding subsection (a) [amending this section and section 1883 of this title], the Gulf of Mexico Fishery Management Council may develop a biological, economic, and social profile of any fishery under its jurisdiction that may be considered for management under a quota management system, including the benefits and consequences of the quota management systems considered. The North Pacific Fishery Management Council shall examine the fisheries under its jurisdiction, particularly the Gulf of Alaska groundfish and Bering Sea craspan fisheries, to determine whether rationalization is needed. In particular, the North Pacific Council shall analyze individual fishing quotas, processor quotas, cooperatives, and quotas held by communities. The analysis should include an economic analysis of the impact of all options on communities and processors as well as the fishing fleets. The North Pacific Council shall present its analysis to the appropriations and authorizing committees of the Senate and House of Representatives in a timely manner.”

Implementation of Amendments to Plans Required by Section 108(a) of Puspan. L. 104–297

Puspan. L. 104–297, title I, § 108(span), Oct. 11, 1996, 110 Stat. 3575, provided that: “Not later than 24 months after the date of enactment of this Act [Oct. 11, 1996], each Regional Fishery Management Council shall submit to the Secretary of Commerce amendments to each fishery management plan under its authority to comply with the amendments made in subsection (a) of this section [amending this section].”

Individual Fishing Quota Report

Puspan. L. 104–297, title I, § 108(f)(1)–(5), Oct. 11, 1996, 110 Stat. 3577–3579, as amended by Puspan. L. 104–208, div. A, title I, § 101(a) [title II, § 211(span)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that:

“(1) Not later than October 1, 1998, the National Academy of Sciences, in consultation with the Secretary of Commerce and the Regional Fishery Management Councils, shall submit to the Congress a comprehensive final report on individual fishing quotas, which shall include recommendations to implement a national policy with respect to individual fishing quotas. The report shall address all aspects of such quotas, including an analysis of—

“(A) the effects of limiting or prohibiting the transferability of such quotas;

“(B) mechanisms to prevent foreign control of the harvest of United States fisheries under individual fishing quota programs, including mechanisms to prohibit persons who are not eligible to be deemed a citizen of the United States for the purpose of operating a vessel in the coastwise trade under section 2(a) and section 2(c) of the Shipping Act, 1916 ([former] 46 U.S.C. [App.] 802(a) and (c)) [see 46 U.S.C. 50501(a), (d)] from holding individual fishing quotas;

“(C) the impact of limiting the duration of individual fishing quota programs;

“(D) the impact of authorizing Federal permits to process a quantity of fish that correspond to individual fishing quotas, and of the value created for recipients of any such permits, including a comparison of such value to the value of the corresponding individual fishing quotas;

“(E) mechanisms to provide for diversity and to minimize adverse social and economic impacts on fishing communities, other fisheries affected by the displacement of vessels, and any impacts associated with the shifting of capital value from fishing vessels to individual fishing quotas, as well as the use of capital construction funds to purchase individual fishing quotas;

“(F) mechanisms to provide for effective monitoring and enforcement, including the inspection of fish harvested and incentives to reduce bycatch, and in particular economic discards;

“(G) threshold criteria for determining whether a fishery may be considered for individual fishing quota management, including criteria related to the geographical range, population dynamics and condition of a fish stock, the socioeconomic characteristics of a fishery (including participants’ involvement in multiple fisheries in the region), and participation by commercial, charter, and recreational fishing sectors in the fishery;

“(H) mechanisms to ensure that vessel owners, vessel masters, crew members, and United States fish processors are treated fairly and equitably in initial allocations, to require persons holding individual fishing quotas to be on board the vessel using such quotas, and to facilitate new entry under individual fishing quota programs;

“(I) potential social and economic costs and benefits to the nation, individual fishing quota recipients, and any recipients of Federal permits described in subparagraph (D) under individual fishing quota programs, including from capital gains revenue, the allocation of such quotas or permits through Federal auctions, annual fees and transfer fees at various levels, or other measures;

“(J) the value created for recipients of individual fishing quotas, including a comparison of such value to the value of the fish harvested under such quotas and to the value of permits created by other types of limited access systems, and the effects of creating such value on fishery management and conservation; and

“(K) such other matters as the National Academy of Sciences deems appropriate.

“(2) The report shall include a detailed analysis of individual fishing quota programs already implemented in the United States, including the impacts: of any limits on transferability, on past and present participants, on fishing communities, on the rate and total amount of bycatch (including economic and regulatory discards) in the fishery, on the safety of life and vessels in the fishery, on any excess harvesting or processing capacity in the fishery, on any gear conflicts in the fishery, on product quality from the fishery, on the effectiveness of enforcement in the fishery, on the size and composition of fishing vessel fleets, on the economic value created by individual fishing quotas for initial recipients and non-recipients, on conservation of the fishery resource, on fishermen who rely on participation in several fisheries, on the success in meeting any fishery management plan goals, and the fairness and effectiveness of the methods used for allocating quotas and controlling transferability. The report shall also include any information about individual fishing quota programs in other countries that may be useful.

“(3) The report shall identify and analyze alternative conservation and management measures, including other limited access systems such as individual transferable effort systems, that could accomplish the same objectives as individual fishing quota programs, as well as characteristics that are unique to individual fishing quota programs.

“(4) The Secretary of Commerce shall, in consultation with the National Academy of Sciences, the Councils, the fishing industry, affected States, conservation organizations and other interested persons, establish two individual fishing quota review groups to assist in the preparation of the report, which shall represent: (A) Alaska, Hawaii, and the other Pacific coastal States; and (B) Atlantic coastal States and the Gulf of Mexico coastal States. The Secretary shall, to the extent practicable, achieve a balanced representation of viewpoints among the individuals on each review group. The review groups shall be deemed to be advisory panels under section 302(g) of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1852(g)], as amended by this Act.

“(5) The Secretary of Commerce, in consultation with the National Academy of Sciences and the Councils, shall conduct public hearings in each Council region to obtain comments on individual fishing quotas for use by the National Academy of Sciences in preparing the report required by this subsection. The National Academy of Sciences shall submit a draft report to the Secretary of Commerce by January 1, 1998. The Secretary of Commerce shall publish in the Federal Register a notice and opportunity for public comment on the draft of the report, or any revision thereof. A detailed summary of comments received and views presented at the hearings, including any dissenting views, shall be included by the National Academy of Sciences in the final report.”

Existing Quota Plans

Puspan. L. 104–297, title I, § 108(i), Oct. 11, 1996, 110 Stat. 3581, provided that: “Nothing in this Act [see Short Title of 1996 Amendment note under section 1801 of this title] or the amendments made by this Act shall be construed to require a reallocation of individual fishing quotas under any individual fishing quota program approved by the Secretary before January 4, 1995.”