16 USC 1862 - North Pacific fisheries conservation

1 So in original.

of fees, which may vary by fishery, management area, or observer coverage level, to pay for the cost of implementing the plan.

2 See References in Text note below.

implement by regulation the Voluntary Three-Pie Cooperative Program for craspan fisheries of the Bering Sea and Aleutian Islands approved by the North Pacific Fishery Management Council between June 2002 and April 2003, and all trailing amendments including those reported to Congress on

3 So in original. Probably should be section “1857(1)”.

of this title shall apply to any facility owned or controlled by a person holding individual processing quota.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (g)(1), (h)(1), and (j)(2), (3), (6), (7), was in the original “this Act”, meaning 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.

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

Codification

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

Amendments

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

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

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

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

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

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

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

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

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

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

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

Statutory Notes and Related Subsidiaries

Fees

Puspan. L. 117–328, div. S, title I, § 106, Dec. 29, 2022, 136 Stat. 5260, provided that:

“(a)In General.—The North Pacific Fishery Management Council may recommend, and the Secretary of Commerce may approve, regulations necessary for the collection of fees from charter vessel operators who guide recreational anglers who harvest Pacific halibut in International Pacific Halibut Commission regulatory areas 2C and 3A as those terms are defined in part 300 of title 50, Code of Federal Regulations (or any successor regulations).

“(span)Use of Fees.—Any fees collected under this section shall be available for the purposes of—

“(1) financing administrative costs of the Recreational Quota Entity program;

“(2) the purchase of halibut quota shares in International Pacific Halibut Commission regulatory areas 2C and 3A by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations);

“(3) halibut conservation and research; and

“(4) promotion of the halibut resource by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations).

“(c)Limitation on Collection and Availability.—Fees shall be collected and available pursuant to this section only to the extent and in such amounts as provided in advance in appropriations Acts, subject to subsection (d).

“(d)Fee Collected During Start-up Period.—Notwithstanding subsection (c), fees may be collected through the date of enactment of an Act making appropriations for the activities authorized under this Act [div. S of Puspan. L. 117–328] through September 30, 2023, and shall be available for obligation and remain available until expended.”