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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 "fishery resource" means any fishery, any stock
of fish, any species of fish, and any habitat of fish.
(15) 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.
(16) 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.
(17) 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.

(18) The term "foreign fishing" means fishing by a vessel other
than a vessel of the United States.
(19) 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.
(20) The term "highly migratory species" means tuna species,
marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks,
sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius).
(21) 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.
(22) 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.
(23) 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.
(24) (!1) 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.

(25) 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.
(26) The term "national standards" means the national standards
for fishery conservation and management set forth in section 1851
of this title.
(27) 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.
(28) 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.

(29) 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.
(30) 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.
(31) 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.
(32) The term "recreational fishing" means fishing for sport or
pleasure.
(33) 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.
(34) The term "Secretary" means the Secretary of Commerce or
his designee.
(35) 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.
(36) (!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.
(37) The term "stock of fish" means a species, subspecies,
geographical grouping, or other category of fish capable of
management as a unit.
(38) The term "treaty" means any international fishery
agreement which is a treaty within the meaning of section 2 of
article II of the Constitution.
(39) 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.

(40) The term "United States", when used in a geographical
context, means all the States thereof.
(41) 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.
(42) 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.
(43) 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.

(44) The term "vessel subject to the jurisdiction of the United
States" has the same meaning such term has in section 1903(c) of
title 46, Appendix.
(45) 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.)

-REFTEXT-
REFERENCES IN TEXT
Proclamation Numbered 5030, referred to in par. (11), is set out
under section 1453 of this title.

-COD-
CODIFICATION
Pub. L. 102-251, Sec. 301(b), which directed amendment of this
section by adding a new par. (24) reading "(24) 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." and
redesignating former pars. (24) to (32) as (25) to (33),
respectively, was not executed, to reflect the probable intent of
Congress, because the amendments were inconsistent with the
amendments by Pub. L. 104-297 which added par. (36) 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.


-MISC1-
AMENDMENTS
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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 917a, 971, 971d, 1371,
1383a, 1387, 1854, 3377, 3601, 5152 of this title; title 10 section
7306b; title 22 sections 1971, 1980; title 46 sections 8103, 8704,
12122; title 46 App. section 1271; title 48 section 1904.

-FOOTNOTE-
(!1) See Codification note below.


-End-



-CITE-
16 USC Sec. 1803 01/19/04

-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 for the
purposes of carrying out the provisions of this chapter, not to
exceed the following sums:
(1) $147,000,000 for fiscal year 1996;
(2) $151,000,000 for fiscal year 1997;
(3) $155,000,000 for fiscal year 1998; and
(4) $159,000,000 for fiscal year 1999.

-SOURCE-
(Pub. L. 94-265, Sec. 4, as added Pub. L. 104-297, title I, Sec.
103, Oct. 11, 1996, 110 Stat. 3563.)

-End-


-CITE-
16 USC SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY
REGARDING FISH AND FISHERY RESOURCES 01/19/04

-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

-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in title 22 section 1972.

-End-



-CITE-
16 USC Sec. 1811 01/19/04

-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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 773, 1827 of this title.

-End-



-CITE-
16 USC Sec. 1812 01/19/04

-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-
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.

-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.)


-MISC1-
AMENDMENTS
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."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1811 of this title.

-End-



-CITE-
16 USC Sec. 1813 01/19/04

-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 01/19/04

-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 01/19/04

-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, shall be 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 this
chapter.
(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 (continued)