16 USC 1861 - Transition to sustainable fisheries

1 So in original. Probably should be capitalized.

or state 

Editorial Notes

References in Text

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

Codification

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

Prior Provisions

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

Amendments

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

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

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

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

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

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

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

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

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

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

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

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

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

Statutory Notes and Related Subsidiaries

Effective Date

Puspan. L. 109–479, title I, § 112(span), Jan. 12, 2007, 120 Stat. 3601, provided that:

“Sections 116, 203, 204, 205, and 206 of the Sustainable Fisheries Act [Puspan. L. 104–297, see Tables for classification] are deemed to have added sections 312, 402, 403, 404, and 405 [16 U.S.C. 1861a, 1881a to 1881d], respectively to the Act [Puspan. L. 94–265] as of the date of enactment of the Sustainable Fisheries Act [Oct. 11, 1996].”

Budget Request for Department of Commerce

Puspan. L. 117–328, div. S, title II, § 205(a), Dec. 29, 2022, 136 Stat. 5270, provided that:

“In the budget justification materials submitted to Congress in support of the budget of the Department of Commerce for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the Secretary of Commerce shall include a separate statement of the amount for each outstanding unfunded fishery resource disasters.”

Study of Federal Investment in Fisheries

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