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United States
16 USC CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT

-CITE-
16 USC CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT 01/19/04

-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.
(a) Findings.
(b) Purposes.
(c) 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.
(a) In the exclusive economic zone.
(b) Beyond the exclusive economic zone.
1812. Highly migratory species.
1813. Omitted.

SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY
AGREEMENTS
1821. Foreign fishing.
(a) In general.
(b) Existing international fishery agreements.
(c) Governing international fishery agreements.
(d) Total allowable level of foreign fishing.
(e) Allocation of allowable level.
(f) Reciprocity.
(g) Preliminary fishery management plans.
(h) Full observer coverage program.
(i) Recreational fishing.
1822. International fishery agreements.
(a) Negotiations.
(b) Treaty renegotiation.
(c) International fishery agreements.
(d) Boundary negotiations.
(e) Highly migratory species agreements.
(f) Nonrecognition.
(g) Fishery agreement with Russia.
(h) Bycatch reduction agreements.
1823. Congressional oversight of international fishery
agreements.
(a) In general.
(b) Referral to committees.
(c) Congressional procedures.
1824. Permits for foreign fishing.
(a) In general.
(b) Applications and permits under governing
international fishery agreements.
(c) Registration permits.
(d) Transshipment permits.
(e) Pacific Insular Areas.
1825. Import prohibitions.
(a) Determinations by Secretary of State.
(b) Prohibitions.
(c) Removal of prohibition.
(d) Definitions.
1826. Large-scale driftnet fishing.
(a) Short title.
(b) Findings.
(c) Policy.
(d) International agreements.
(e) Report.
(f) Certification.
(g) Effect on sovereign rights.
(h) "Living marine resources" defined.
1826a. Denial of port privileges and sanctions for high seas
large-scale driftnet fishing.
(a) Denial of port privileges.
(b) Sanctions.
1826b. Duration of denial of port privileges and sanctions.
1826c. Definitions.
1826d. Prohibition.
1826e. Negotiations.
1826f. Certification.
1826g. Enforcement.
1827. Observer program regarding certain foreign fishing.
(a) Definitions.
(b) Observer program.
(c) Functions of observers.
(d) Fees.
(e) Fund.
(f) Prohibited acts.
(g) Regulations.

SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM
1851. National standards for fishery conservation and
management.
(a) In general.
(b) Guidelines.
1852. Regional Fishery Management Councils.
(a) Establishment.
(b) Voting members.
(c) Nonvoting members.
(d) Compensation and expenses.
(e) Transaction of business.
(f) Staff and administration.
(g) Committees and panels.
(h) Functions.
(i) Procedural matters.
(j) Disclosure of financial interest and recusal.
1853. Contents of fishery management plans.
(a) Required provisions.
(b) Discretionary provisions.
(c) Proposed regulations.
(d) Individual fishing quotas.
1854. Action by Secretary.
(a) Review of plans.
(b) Review of regulations.
(c) Preparation and review of Secretarial plans.
(d) Establishment of fees.
(e) Rebuilding overfished fisheries.
(f) Fisheries under authority of more than one
Council.
(g) Atlantic highly migratory species.
(h) Repeal or revocation of a fishery management
plan.
1855. Other requirements and authority.
(a) Gear evaluation and notification of entry.
(b) Fish habitat.
(c) Emergency actions and interim measures.
(d) Responsibility of Secretary.
(e) Effect of certain laws on certain time
requirements.
(f) Judicial review.
(g) Negotiated conservation and management
measures.
(h) Central registry system for limited access
system permits.
(i) Alaska and western Pacific community
development programs.
1856. State jurisdiction.
(a) In general.
(b) Exception.
(c) Exception regarding foreign fish processing in
internal waters.
1857. Prohibited acts.
1858. Civil penalties and permit sanctions.
(a) Assessment of penalty.
(b) Review of civil penalty.
(c) Action upon failure to pay assessment.
(d) In rem jurisdiction.
(e) Compromise or other action by Secretary.
(f) Subpenas.
(g) Permit sanctions.
1859. Criminal offenses.
(a) Offenses.
(b) Punishment.
(c) Jurisdiction.
1860. Civil forfeitures.
(a) In general.
(b) Jurisdiction of district courts.
(c) Judgment.
(d) Procedure.
(e) Rebuttable presumptions.
1861. Enforcement.
(a) Responsibility.
(b) Powers of authorized officers.
(c) Issuance of citations.
(d) Jurisdiction of courts.
(e) Payment of storage, care, and other costs.
(f) Enforcement of Northeast Multispecies Fishery
Management Plan.
(g) Enforcement in Pacific Insular Areas.
(h) Definitions.
1861a. Transition to sustainable fisheries.
(a) Fisheries disaster relief.
(b) Fishing capacity reduction program.
(c) Program funding.
(d) Industry fee system.
(e) Implementation plan.
1862. North Pacific fisheries conservation.
(a) In general.
(b) Standards.
(c) Action by Secretary.
(d) Fishery Observer Fund.
(e) Special provisions regarding observers.
(f) Bycatch reduction.
(g) Bycatch reduction incentives.
(h) Catch measurement.
(i) Full retention and utilization.
1863. Northwest Atlantic Ocean Fisheries Reinvestment
Program.
(a) Program.
(b) Assistance of other agencies.
(c) Management plans for underutilized species.
(d) "Underutilized species" defined.

SUBCHAPTER V - FISHERY MONITORING AND RESEARCH
1881. Registration and information management.
(a) Standardized fishing vessel registration and
information management system.
(b) Fishing vessel registration.
(c) Fishery information.
(d) Use of registration.
(e) Public comment.
(f) Congressional transmittal.
(g) Report to Congress.
1881a. Information collection.
(a) Council requests.
(b) Confidentiality of information.
(c) Restriction on use of certain information.
(d) Contracting authority.
(e) Resource assessments.
1881b. Observers.
(a) Guidelines for carrying observers.
(b) Training.
(c) Observer status.
1881c. Fisheries research.
(a) In general.
(b) Strategic plan.
(c) Areas of research.
(d) Public notice.
1881d. Incidental harvest research.
(a) Collection of information.
(b) Identification of stock.
(c) Collection and assessment of specific stock
information.
(d) Bycatch reduction program.
(e) Report to Congress.
(f) Implementation criteria.
1882. Fisheries systems research.
(a) Establishment of panel.
(b) Panel membership.
(c) Recommendations.
(d) Report.
(e) Procedural matter.
1883. Gulf of Mexico red snapper research.
(a) Independent peer review.
(b) Prohibition.
(c) Referendum.
(d) Catch limits.

-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 917, 971b, 971d, 1432,
1827, 3125, 3373, 3377, 3601, 3607, 3631, 4102, 5103, 5106, 5107a,
5107b, 5152, 5154, 5158, 5504, 5609, 6403, 6406, 6409 of this
title; title 22 section 1980; title 33 section 1321; title 42
sections 9601, 9603; title 46 sections 12102, 12108; title 48
section 1904.

-End-


-CITE-
16 USC SUBCHAPTER I - GENERALLY 01/19/04

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TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER I - GENERALLY

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SUBCHAPTER I - GENERALLY

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-CITE-
16 USC Sec. 1801 01/19/04

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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.
(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.)


-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. (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
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 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 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 01/19/04

-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:

-HEAD-
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 RedCrab - Chaceon quinquedens. (continued)