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(continued)
(B) to which section 1852(a)(3) of this title applies and all
fishing gear used in such fisheries.

(2) The Secretary shall include with such list guidelines for
determining when fishing gear or a fishery is sufficiently
different from those listed as to require notification under
paragraph (3).
(3) Effective 180 days after the publication of such list, no
person or vessel may employ fishing gear or engage in a fishery not
included on such list without giving 90 days advance written notice
to the appropriate Council, or the Secretary with respect to a
fishery to which section 1852(a)(3) of this title applies. A signed
return receipt shall serve as adequate evidence of such notice and
as the date upon which the 90-day period begins.
(4) A Council may submit to the Secretary any proposed changes to
such list or such guidelines the Council deems appropriate. The
Secretary shall publish a revised list, after notice and an
opportunity for public comment, upon receiving any such proposed
changes from a Council.
(5) A Council may request the Secretary to promulgate emergency
regulations under subsection (c) of this section to prohibit any
persons or vessels from using an unlisted fishing gear or engaging
in an unlisted fishery if the appropriate Council, or the Secretary
for fisheries to which section 1852(a)(3) of this title applies,
determines that such unlisted gear or unlisted fishery would
compromise the effectiveness of conservation and management efforts
under this chapter.
(6) Nothing in this subsection shall be construed to permit a
person or vessel to engage in fishing or employ fishing gear when
such fishing or gear is prohibited or restricted by regulation
under a fishery management plan or plan amendment, or under other
applicable law.
(b) Fish habitat
(1)(A) The Secretary shall, within 6 months of October 11, 1996,
establish by regulation guidelines to assist the Councils in the
description and identification of essential fish habitat in fishery
management plans (including adverse impacts on such habitat) and in
the consideration of actions to ensure the conservation and
enhancement of such habitat. The Secretary shall set forth a
schedule for the amendment of fishery management plans to include
the identification of essential fish habitat and for the review and
updating of such identifications based on new scientific evidence
or other relevant information.
(B) The Secretary, in consultation with participants in the
fishery, shall provide each Council with recommendations and
information regarding each fishery under that Council's authority
to assist it in the identification of essential fish habitat, the
adverse impacts on that habitat, and the actions that should be
considered to ensure the conservation and enhancement of that
habitat.
(C) The Secretary shall review programs administered by the
Department of Commerce and ensure that any relevant programs
further the conservation and enhancement of essential fish habitat.
(D) The Secretary shall coordinate with and provide information
to other Federal agencies to further the conservation and
enhancement of essential fish habitat.
(2) Each Federal agency shall consult with the Secretary with
respect to any action authorized, funded, or undertaken, or
proposed to be authorized, funded, or undertaken, by such agency
that may adversely affect any essential fish habitat identified
under this chapter.
(3) Each Council -
(A) may comment on and make recommendations to the Secretary
and any Federal or State agency concerning any activity
authorized, funded, or undertaken, or proposed to be authorized,
funded, or undertaken, by any Federal or State agency that, in
the view of the Council, may affect the habitat, including
essential fish habitat, of a fishery resource under its
authority; and
(B) shall comment on and make recommendations to the Secretary
and any Federal or State agency concerning any such activity
that, in the view of the Council, is likely to substantially
affect the habitat, including essential fish habitat, of an
anadromous fishery resource under its authority.

(4)(A) If the Secretary receives information from a Council or
Federal or State agency or determines from other sources that an
action authorized, funded, or undertaken, or proposed to be
authorized, funded, or undertaken, by any State or Federal agency
would adversely affect any essential fish habitat identified under
this chapter, the Secretary shall recommend to such agency measures
that can be taken by such agency to conserve such habitat.
(B) Within 30 days after receiving a recommendation under
subparagraph (A), a Federal agency shall provide a detailed
response in writing to any Council commenting under paragraph (3)
and the Secretary regarding the matter. The response shall include
a description of measures proposed by the agency for avoiding,
mitigating, or offsetting the impact of the activity on such
habitat. In the case of a response that is inconsistent with the
recommendations of the Secretary, the Federal agency shall explain
its reasons for not following the recommendations.
(c) Emergency actions and interim measures
(1) If the Secretary finds that an emergency exists or that
interim measures are needed to reduce overfishing for any fishery,
he may promulgate emergency regulations or interim measures
necessary to address the emergency or overfishing, without regard
to whether a fishery management plan exists for such fishery.
(2) If a Council finds that an emergency exists or that interim
measures are needed to reduce overfishing for any fishery within
its jurisdiction, whether or not a fishery management plan exists
for such fishery -
(A) the Secretary shall promulgate emergency regulations or
interim measures under paragraph (1) to address the emergency or
overfishing if the Council, by unanimous vote of the members who
are voting members, requests the taking of such action; and
(B) the Secretary may promulgate emergency regulations or
interim measures under paragraph (1) to address the emergency or
overfishing if the Council, by less than a unanimous vote,
requests the taking of such action.

(3) Any emergency regulation or interim measure which changes any
existing fishery management plan or amendment shall be treated as
an amendment to such plan for the period in which such regulation
is in effect. Any emergency regulation or interim measure
promulgated under this subsection -
(A) shall be published in the Federal Register together with
the reasons therefor;
(B) shall, except as provided in subparagraph (C), remain in
effect for not more than 180 days after the date of publication,
and may be extended by publication in the Federal Register for
one additional period of not more than 180 days, provided the
public has had an opportunity to comment on the emergency
regulation or interim measure, and, in the case of a Council
recommendation for emergency regulations or interim measures, the
Council is actively preparing a fishery management plan, plan
amendment, or proposed regulations to address the emergency or
overfishing on a permanent basis;
(C) that responds to a public health emergency or an oil spill
may remain in effect until the circumstances that created the
emergency no longer exist, Provided, That the public has an
opportunity to comment after the regulation is published, and, in
the case of a public health emergency, the Secretary of Health
and Human Services concurs with the Secretary's action; and
(D) may be terminated by the Secretary at an earlier date by
publication in the Federal Register of a notice of termination,
except for emergency regulations promulgated under paragraph (2)
in which case such early termination may be made only upon the
agreement of the Secretary and the Council concerned.
(d) Responsibility of Secretary
The Secretary shall have general responsibility to carry out any
fishery management plan or amendment approved or prepared by him,
in accordance with the provisions of this chapter. The Secretary
may promulgate such regulations, in accordance with section 553 of
title 5, as may be necessary to discharge such responsibility or to
carry out any other provision of this chapter.
(e) Effect of certain laws on certain time requirements
The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.),(!1)
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and
Executive Order Numbered 12866, dated September 30, 1993, shall be
complied with within the time limitations specified in subsections
(a), (b), and (c) of section 1854 of this title as they apply to
the functions of the Secretary under such provisions.

(f) Judicial review
(1) Regulations promulgated by the Secretary under this chapter
and actions described in paragraph (2) shall be subject to judicial
review to the extent authorized by, and in accordance with, chapter
7 of title 5, if a petition for such review is filed within 30 days
after the date on which the regulations are promulgated or the
action is published in the Federal Register, as applicable; except
that -
(A) section 705 of such title is not applicable, and
(B) the appropriate court shall only set aside any such
regulation or action on a ground specified in section 706(2)(A),
(B), (C), or (D) of such title.

(2) The actions referred to in paragraph (1) are actions that are
taken by the Secretary under regulations which implement a fishery
management plan, including but not limited to actions that
establish the date of closure of a fishery to commercial or
recreational fishing.
(3)(A) Notwithstanding any other provision of law, the Secretary
shall file a response to any petition filed in accordance with
paragraph (1), not later than 45 days after the date the Secretary
is served with that petition, except that the appropriate court may
extend the period for filing such a response upon a showing by the
Secretary of good cause for that extension.
(B) A response of the Secretary under this paragraph shall
include a copy of the administrative record for the regulations
that are the subject of the petition.
(4) Upon a motion by the person who files a petition under this
subsection, the appropriate court shall assign the matter for
hearing at the earliest possible date and shall expedite the matter
in every possible way.
(g) Negotiated conservation and management measures
(1)(A) In accordance with regulations promulgated by the
Secretary pursuant to this paragraph, a Council may establish a
fishery negotiation panel to assist in the development of specific
conservation and management measures for a fishery under its
authority. The Secretary may establish a fishery negotiation panel
to assist in the development of specific conservation and
management measures required for a fishery under section 1854(e)(5)
of this title, for a fishery for which the Secretary has authority
under section 1854(g) of this title, or for any other fishery with
the approval of the appropriate Council.
(B) No later than 180 days after October 11, 1996, the Secretary
shall promulgate regulations establishing procedures, developed in
cooperation with the Administrative Conference of the United
States, for the establishment and operation of fishery negotiation
panels. Such procedures shall be comparable to the procedures for
negotiated rulemaking established by subchapter III of chapter 5 of
title 5.
(2) If a negotiation panel submits a report, such report shall
specify all the areas where consensus was reached by the panel,
including, if appropriate, proposed conservation and management
measures, as well as any other information submitted by members of
the negotiation panel. Upon receipt, the Secretary shall publish
such report in the Federal Register for public comment.
(3) Nothing in this subsection shall be construed to require
either a Council or the Secretary, whichever is appropriate, to use
all or any portion of a report from a negotiation panel established
under this subsection in the development of specific conservation
and management measures for the fishery for which the panel was
established.
(h) Central registry system for limited access system permits
(1) Within 6 months after October 11, 1996, the Secretary shall
establish an exclusive central registry system (which may be
administered on a regional basis) for limited access system permits
established under section 1853(b)(6) of this title or other Federal
law, including individual fishing quotas, which shall provide for
the registration of title to, and interests in, such permits, as
well as for procedures for changes in the registration of title to
such permits upon the occurrence of involuntary transfers, judicial
or nonjudicial foreclosure of interests, enforcement of judgments
thereon, and related matters deemed appropriate by the Secretary.
Such registry system shall -
(A) provide a mechanism for filing notice of a nonjudicial
foreclosure or enforcement of a judgment by which the holder of a
senior security interest acquires or conveys ownership of a
permit, and in the event of a nonjudicial foreclosure, by which
the interests of the holders of junior security interests are
released when the permit is transferred;
(B) provide for public access to the information filed under
such system, notwithstanding section 1881a(b) of this title; and
(C) provide such notice and other requirements of applicable
law that the Secretary deems necessary for an effective registry
system.

(2) The Secretary shall promulgate such regulations as may be
necessary to carry out this subsection, after consulting with the
Councils and providing an opportunity for public comment. The
Secretary is authorized to contract with non-Federal entities to
administer the central registry system.
(3) To be effective and perfected against any person except the
transferor, its heirs and devisees, and persons having actual
notice thereof, all security interests, and all sales and other
transfers of permits described in paragraph (1), shall be
registered in compliance with the regulations promulgated under
paragraph (2). Such registration shall constitute the exclusive
means of perfection of title to, and security interests in, such
permits, except for Federal tax liens thereon, which shall be
perfected exclusively in accordance with the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.). The Secretary shall notify both the
buyer and seller of a permit if a lien has been filed by the
Secretary of the Treasury against the permit before collecting any
transfer fee under paragraph (5) of this subsection.
(4) The priority of security interests shall be determined in
order of filing, the first filed having the highest priority. A
validly-filed security interest shall remain valid and perfected
notwithstanding a change in residence or place of business of the
owner of record. For the purposes of this subsection, "security
interest" shall include security interests, assignments, liens and
other encumbrances of whatever kind.
(5)(A) Notwithstanding section 1854(d)(1) of this title, the
Secretary shall collect a reasonable fee of not more than one-half
of one percent of the value of a limited access system permit upon
registration of the title to such permit with the central registry
system and upon the transfer of such registered title. Any such fee
collected shall be deposited in the Limited Access System
Administration Fund established under subparagraph (B).
(B) There is established in the Treasury a Limited Access System
Administration Fund. The Fund shall be available, without
appropriation or fiscal year limitation, only to the Secretary for
the purposes of -
(i) administering the central registry system; and
(ii) administering and implementing this chapter in the fishery
in which the fees were collected. Sums in the Fund that are not
currently needed for these purposes shall be kept on deposit or
invested in obligations of, or guaranteed by, the United States.
(i) Alaska and western Pacific community development programs
(1)(A) The North Pacific Council and the Secretary shall
establish a western Alaska community development quota program
under which a percentage of the total allowable catch of any Bering
Sea fishery is allocated to the program.
(B) To be eligible to participate in the western Alaska community
development quota program under subparagraph (A) a community shall
-
(i) be located within 50 nautical miles from the baseline from
which the breadth of the territorial sea is measured along the
Bering Sea coast from the Bering Strait to the western most of
the Aleutian Islands, or on an island within the Bering Sea;
(ii) not be located on the Gulf of Alaska coast of the north
Pacific Ocean;
(iii) meet criteria developed by the Governor of Alaska,
approved by the Secretary, and published in the Federal Register;
(iv) be certified by the Secretary of the Interior pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
to be a Native village;
(v) consist of residents who conduct more than one-half of
their current commercial or subsistence fishing effort in the
waters of the Bering Sea or waters surrounding the Aleutian
Islands; and
(vi) not have previously developed harvesting or processing
capability sufficient to support substantial participation in the
groundfish fisheries in the Bering Sea, unless the community can
show that the benefits from an approved Community Development
Plan would be the only way for the community to realize a return
from previous investments.

(C)(i) Prior to October 1, 2001, the North Pacific Council may
not submit to the Secretary any fishery management plan, plan
amendment, or regulation that allocates to the western Alaska
community development quota program a percentage of the total
allowable catch of any Bering Sea fishery for which, prior to
October 1, 1995, the Council had not approved a percentage of the
total allowable catch for allocation to such community development
quota program. The expiration of any plan, amendment, or regulation
that meets the requirements of clause (ii) prior to October 1,
2001, shall not be construed to prohibit the Council from
submitting a revision or extension of such plan, amendment, or
regulation to the Secretary if such revision or extension complies
with the other requirements of this paragraph.
(ii) With respect to a fishery management plan, plan amendment,
or regulation for a Bering Sea fishery that -
(I) allocates to the western Alaska community development quota
program a percentage of the total allowable catch of such
fishery; and
(II) was approved by the North Pacific Council prior to October
1, 1995;

the Secretary shall, except as provided in clause (iii) and after
approval of such plan, amendment, or regulation under section 1854
of this title, allocate to the program the percentage of the total
allowable catch described in such plan, amendment, or regulation.
Prior to October 1, 2001, the percentage submitted by the Council
and approved by the Secretary for any such plan, amendment, or
regulation shall be no greater than the percentage approved by the
Council for such fishery prior to October 1, 1995.
(iii) The Secretary shall phase in the percentage for community
development quotas approved in 1995 by the North Pacific Council
for the Bering Sea crab fisheries as follows:
(I) 3.5 percent of the total allowable catch of each such
fishery for 1998 shall be allocated to the western Alaska
community development quota program;
(II) 5 percent of the total allowable catch of each such
fishery for 1999 shall be allocated to the western Alaska
community development quota program; and
(III) 7.5 percent of the total allowable catch of each such
fishery for 2000 and thereafter shall be allocated to the western
Alaska community development quota program, unless the North
Pacific Council submits and the Secretary approves a percentage
that is no greater than 7.5 percent of the total allowable catch
of each such fishery for 2001 or the North Pacific Council
submits and the Secretary approves any other percentage on or
after October 1, 2001.

(D) This paragraph shall not be construed to require the North
Pacific Council to resubmit, or the Secretary to reapprove, any
fishery management plan or plan amendment approved by the North
Pacific Council prior to October 1, 1995, that includes a community
development quota program, or any regulations to implement such
plan or amendment.
(2)(A) The Western Pacific Council and the Secretary may
establish a western Pacific community development program for any
fishery under the authority of such Council in order to provide
access to such fishery for western Pacific communities that
participate in the program.
(B) To be eligible to participate in the western Pacific
community development program, a community shall -
(i) be located within the Western Pacific Regional Fishery
Management Area;
(ii) meet criteria developed by the Western Pacific Council,
approved by the Secretary and published in the Federal Register;
(iii) consist of community residents who are descended from the
aboriginal people indigenous to the area who conducted commercial
or subsistence fishing using traditional fishing practices in the
waters of the Western (!2) Pacific region;

(iv) not have previously developed harvesting or processing
capability sufficient to support substantial participation in
fisheries in the Western Pacific Regional Fishery Management
Area; and
(v) develop and submit a Community Development Plan to the
Western Pacific Council and the Secretary.

(C) In developing the criteria for eligible communities under
subparagraph (B)(ii), the Western Pacific Council shall base such
criteria on traditional fishing practices in or dependence on the
fishery, the cultural and social framework relevant to the fishery,
and economic barriers to access to the fishery.
(D) For the purposes of this subsection "Western Pacific Regional
Fishery Management Area" means the area under the jurisdiction of
the Western Pacific Council, or an island within such area.
(E) Notwithstanding any other provision of this chapter, the
Western Pacific Council shall take into account traditional
indigenous fishing practices in preparing any fishery management
plan.
(3) The Secretary shall deduct from any fees collected from a
community development quota program under section 1854(d)(2) of
this title the costs incurred by participants in the program for
observer and reporting requirements which are in addition to
observer and reporting requirements of other participants in the
fishery in which the allocation to such program has been made.
(4) After October 11, 1996, the North Pacific Council and Western
Pacific Council may not submit to the Secretary a community
development quota program that is not in compliance with this
subsection.

-SOURCE-
(Pub. L. 94-265, title III, Sec. 305, Apr. 13, 1976, 90 Stat. 354;
Pub. L. 96-561, title II, Sec. 235, Dec. 22, 1980, 94 Stat. 3299;
Pub. L. 97-453, Sec. 8, Jan. 12, 1983, 96 Stat. 2490; Pub. L.
101-627, title I, Secs. 110(b)(2), 111(a)(1), (b), Nov. 28, 1990,
104 Stat. 4451, 4452; Pub. L. 104-297, title I, Secs. 110(a)-(d),
111(a), Oct. 11, 1996, 110 Stat. 3587-3590, 3592.)

-REFTEXT-
REFERENCES IN TEXT
The Paperwork Reduction Act of 1980, referred to in subsec. (e),
is Pub. L. 96-511, Dec. 11, 1980, 94 Stat. 2812, as amended, which
was classified principally to chapter 35 (Sec. 3501 et seq.) of
Title 44, Public Printing and Documents, prior to the general
amendment of that chapter by Pub. L. 104-13, Sec. 2, May 22, 1995,
109 Stat. 163. For complete classification of this Act to the Code,
see Short Title of 1980 Amendment note set out under section 101 of
Title 44 and Tables.
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), referred
to in subsec. (e), is Pub. L. 96-354, Sept. 19, 1980, 94 Stat.
1164, which is classified generally to chapter 6 (Sec. 601 et seq.)
of Title 5, Government Organization and Employees. For complete
classification of the Act to the Code, see Short Title note set out
under section 601 of Title 5 and Tables.
Executive Order Numbered 12886, referred to in subsec. (e), is
set out as a note under section 601 of Title 5, Government
Organization and Employees.
The Internal Revenue Code of 1986, referred to in subsec. (h)(3),
is classified generally to Title 26, Internal Revenue Code.
The Alaska Native Claims Settlement Act, referred to in subsec.
(i)(1)(B)(iv), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as
amended, which is classified generally to chapter 33 (Sec. 1601 et
seq.) of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section
1601 of Title 43 and Tables.


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-297, Sec. 110(a)(1), (3), substituted "Other
requirements and authority" for "Implementation of fishery
management plans" as section catchline.
Subsec. (a). Pub. L. 104-297, Sec. 110(a)(1), (3), added subsec.
(a) and struck out heading and text of former subsec. (a). Text
read as follows: "The Secretary shall promulgate each regulation
that is necessary to carry out a plan or amendment -
"(1) within 110 days after the plan or amendment was received
by him for action under section 1854(a) of this title, if such
plan or amendment takes effect under section 1854(b)(1) of this
title;
"(2) within 75 days after a revised plan or amendment was
received by him under section 1854(b) of this title, if such plan
or amendment takes effect under paragraph (3)(D) of such section;
or
"(3) within such time as he deems appropriate in the case of a
plan or amendment prepared by him under section 1854(c) or (f)(3)
of this title."
Subsec. (b). Pub. L. 104-297, Sec. 110(a)(3), added subsec. (b).
Former subsec. (b) redesignated (f).
Subsec. (c). Pub. L. 104-297, Sec. 110(b)(1), inserted "and
interim measures" after "actions" in heading.
Subsec. (c)(1). Pub. L. 104-297, Sec. 110(b)(2)(C), which
directed insertion of "or overfishing" after "emergency", was
executed by making the insertion after "the emergency" to reflect
the probable intent of Congress.
Pub. L. 104-297, Sec. 110(b)(2)(A), (B), substituted "or that
interim measures are needed to reduce overfishing for" for
"involving" and inserted "or interim measures" after "emergency
regulations".
Subsec. (c)(2). Pub. L. 104-297, Sec. 110(b)(2)(C), which
directed insertion of "or overfishing" after "emergency", was
executed by making the insertion after "the emergency" in subpars.
(A) and (B) to reflect the probable intent of Congress.
Pub. L. 104-297, Sec. 110(b)(2)(A), (B), substituted "or that
interim measures are needed to reduce overfishing for" for
"involving" in introductory provisions and inserted "or interim
measures" after "emergency regulations" in subpars. (A) and (B).
Subsec. (c)(3). Pub. L. 104-297, Sec. 110(b)(3)(A), inserted "or
interim measure" after "emergency regulation" in two places in
introductory provisions.
Subsec. (c)(3)(B). Pub. L. 104-297, Sec. 110(b)(3)(B), (D), added
subpar. (B) and struck out former subpar. (B) which read as
follows: "shall remain in effect for not more than 90 days after
the date of such publication, except that any such regulation may,
by agreement of the Secretary and the Council, be promulgated for
one additional period of not more than 90 days; and".
Subsec. (c)(3)(C). Pub. L. 104-297, Sec. 110(b)(3)(D), added
subpar. (C). Former subpar. (C) redesignated (D).
Subsec. (c)(3)(D). Pub. L. 104-297, Sec. 110(b)(3)(C),
redesignated subpar. (C) as (D).
Subsec. (e). Pub. L. 104-297, Sec. 110(c), substituted "12866,
dated September 30, 1993," for "12291, dated February 17, 1981,"
and "subsections (a), (b), and (c) of section 1854 of this title"
for "subsection (c) of this section or section 1854(a) and (b) of
this title".
Subsec. (f). Pub. L. 104-297, Sec. 110(a)(2), redesignated
subsec. (b) as (f).
Subsecs. (g), (h). Pub. L. 104-297, Sec. 110(d), added subsecs.
(g) and (h).
Subsec. (i). Pub. L. 104-297, Sec. 111(a), added subsec. (i).
1990 - Subsec. (a). Pub. L. 101-627, Secs. 110(b)(2),
111(a)(1)(A), redesignated subsec. (c) as (a) and substituted
"section 1854(c) or (f)(3)" for "section 1854(c)".
Subsec. (b). Pub. L. 101-627, Sec. 111(a)(1)(A), (b),
redesignated subsec. (d) as (b) and amended it generally. Prior to
amendment, subsec. (b) read as follows: "Regulations promulgated by
the Secretary under this chapter shall be subject to judicial
review to the extent authorized by, and in accordance with, chapter
7 of title 5, if a petition for such review is filed within 30 days
after the date on which the regulations are promulgated; except
that (1) section 705 of such title is not applicable, and (2) the
appropriate court shall only set aside any such regulation on a
ground specified in section 706(2)(A), (B), (C), or (D) of such
title."
Subsecs. (c) to (e), (g), (h). Pub. L. 101-627, Sec. 111(a)(1),
redesignated subsecs. (e), (g), and (h) as (c), (d), and (e),
respectively.
1983 - Subsec. (a). Pub. L. 97-453, Sec. 8(1), struck out subsec.
(a) which had provided that, as soon as practicable after the
Secretary approved pursuant to section 1854(a) and (b) of this
title any fishery management plan or amendment or prepared pursuant
to section 1854(c) of this title any fishery management plan or
amendment, the Secretary was to publish a notice of availability of
such plan or amendment and any regulations which he proposed to
promulgate to implement such plan or amendment in the Federal
Register, and that interested persons were to be afforded a period
of not less than 45 days after such publication within which to
submit in writing data, views, or comments on the plan or
amendment, and on the proposed regulations.
Subsec. (b). Pub. L. 97-453, Sec. 8(1), struck out subsec. (b)
which had provided that the Secretary might schedule a hearing, in
accordance with section 553 of title 5, on any fishery management
plan, any amendment to any such plan, any regulations to implement
any such plan or amendment and that if any such hearing was
scheduled, the Secretary could postpone the effective date of the
regulations proposed to implement such plan or amendment, or take
such other action as he deemed appropriate to preserve the rights
or status of any person, pending its outcome.
Subsec. (c). Pub. L. 97-453, Sec. 8(2), substituted provision
that the Secretary shall promulgate each regulation that is
necessary to carry out a plan or amendment within 110 days after
the plan or amendment was received by him for action under section
1854(a) of this title if such plan or amendment takes effect under
section 1854(b)(1) of this title, within 75 days after a revised
plan or amendment was received by him under section 1854(b) of this
title if such plan or amendment takes effect under paragraph (3)(D)
of such section, or within such time as he deems appropriate in the
case of a plan or amendment prepared by him under section 1854(c)
of this title, for provision that the Secretary promulgate
regulations to implement any fishery management plan or any
amendment to any such plan after consideration of all relevant
matters presented to him during the 45-day period referred to in
former subsection (a) of this section and produced in any hearing
held under former subsection (b) of this section if he found the
plan or amendment consistent with the national standards, the other
provisions of this chapter, and any other applicable law, and that
to the extent practicable, such regulation be put into effect in a
manner not disruptive of the regular fishing season for any
fishery.
Subsec. (e). Pub. L. 97-453, Sec. 8(3), substituted provision
that if the Secretary finds that an emergency exists involving any
fishery, he may promulgate emergency regulations necessary to
address the emergency, without regard to whether a fishery
management plan exists for such fishery, that if a Council finds
that an emergency exists involving any fishery within its
jurisdiction, whether or not a fishery management plan exists for
such fishery, the Secretary shall promulgate emergency regulations
under paragraph (1) to address the emergency if the Council, by
unanimous vote of the members who are voting members, requests the
taking of such action, and the Secretary may promulgate emergency
regulations under paragraph (1) to address the emergency if the
Council, by less than a unanimous vote, requests the taking of such
action, for provision that if the Secretary found that an emergency
involving any fishery resources existed, he could promulgate
emergency regulations, without regard to former subsections (a) and
(c) of this section, to implement any fishery management plan, if
required, or promulgate emergency regulations to amend any
regulation implementing any existing fishery management plan, to
the extent required by such emergency, lengthened from 45 days to
90 days the maximum period that emergency regulations may remain in
effect after publication in the Federal Register and the maximum
additional period for which such regulations may be promulgated,
and inserted a provision that emergency regulations promulgated
under par. (2) may only be terminated early upon the agreement of
the Secretary and the Council concerned.
Subsec. (f). Pub. L. 97-453, Sec. 8(4), struck out subsec. (f)
which had directed the Secretary to report to the Congress and the
President, not later than March 1 of each year, on all activities
of the Councils and the Secretary with respect to fishery
management plans, regulations to implement such plans, and all
other activities relating to the conservation and management of
fishery resources undertaken under this chapter during the
preceding calendar year.
Subsec. (h). Pub. L. 97-453, Sec. 8(5), added subsec. (h).
1980 - Subsec. (a). Pub. L. 96-561 inserted "a notice of
availability of" after "Federal Register (A)".


-TRANS-
TERMINATION OF ADMINISTRATIVE CONFERENCE OF UNITED STATES
For termination of Administrative Conference of United States,
see provision of title IV of Pub. L. 104-52, set out as a note
preceding section 591 of Title 5, Government Organization and
Employees.


-MISC2-
COMMUNITY DEVELOPMENT QUOTA REPORT
Section 108(h) of Pub. L. 104-297 provided that: "Not later than
October 1, 1998, the National Academy of Sciences, in consultation
with the Secretary, the North Pacific and Western Pacific Councils,
communities and organizations participating in the program,
participants in affected fisheries, and the affected States, shall
submit to the Secretary of Commerce and Congress a comprehensive
report on the performance and effectiveness of the community
development quota programs under the authority of the North Pacific
and Western Pacific Councils. The report shall -
"(1) evaluate the extent to which such programs have met the
objective of providing communities with the means to develop
ongoing commercial fishing activities;
"(2) evaluate the manner and extent to which such programs have
resulted in the communities and residents -
"(A) receiving employment opportunities in commercial fishing
and processing; and
"(B) obtaining the capital necessary to invest in commercial
fishing, fish processing, and commercial fishing support
projects (including infrastructure to support commercial
fishing);
"(3) evaluate the social and economic conditions in the
participating communities and the extent to which alternative
private sector employment opportunities exist;
"(4) evaluate the economic impacts on participants in the
affected fisheries, taking into account the condition of the
fishery resource, the market, and other relevant factors;
"(5) recommend a proposed schedule for accomplishing the
developmental purposes of community development quotas; and
"(6) address such other matters as the National Academy of
Sciences deems appropriate."

REGISTRY TRANSITION FOR LIMITED ACCESS SYSTEM PERMITS
Section 110(e) of Pub. L. 104-297, as amended by 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: "Security interests
on permits described under section 305(h)(1) of the
Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C.
1855(h)(1)], as amended by this Act, that are effective and
perfected by otherwise applicable law on the date of the final
regulations implementing section 305(h) shall remain effective and
perfected if, within 120 days after such date, the secured party
submits evidence satisfactory to the Secretary of Commerce and in
compliance with such regulations of the perfection of such
security."

WESTERN PACIFIC DEMONSTRATION PROJECTS
Section 111(b) of Pub. L. 104-297, as amended by Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30,
1996, 110 Stat. 3009, 3009-41; Pub. L. 106-554, Sec. 1(a)(4) [div.
B, title I, Sec. 144(g)], Dec. 21, 2000, 114 Stat. 2763, 2763A-250;
Pub. L. 106-555, title II, Sec. 206, Dec. 21, 2000, 114 Stat. 2770,
provided that:
"(1) The Secretary of Commerce and the Secretary of the Interior
are authorized to make direct grants to eligible western Pacific
communities, as recommended by the Western Pacific Fishery
Management Council, for the purpose of establishing not less than
three and not more than five fishery demonstration projects to
foster and promote traditional indigenous fishing practices. There
are authorized to be appropriated to carry out this section
[amending this section and enacting this note] $500,000 for each
fiscal year.
"(2) Demonstration projects funded pursuant to this subsection
shall foster and promote the involvement of western Pacific
communities in western Pacific fisheries and may -
"(A) identify and apply traditional indigenous fishing
practices;
"(B) develop or enhance western Pacific community-based fishing
opportunities; and
"(C) involve research, community education, or the acquisition
of materials and equipment necessary to carry out any such
demonstration project.
"(3)(A) The Western Pacific Fishery Management Council, in
consultation with the Secretary of Commerce, shall establish an
advisory panel under section 302(g) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(g)) to evaluate,
determine the relative merits of, and annually rank applications
for such grants. The panel shall consist of not more than 8
individuals who are knowledgeable or experienced in traditional
indigenous fishery practices of western Pacific communities and who
are not members or employees of the Western Pacific Fishery
Management Council.
"(B) If the Secretary of Commerce or the Secretary of the
Interior awards a grant for a demonstration project not in
accordance with the rank given to such project by the advisory
panel, the Secretary shall provide a detailed written explanation
of the reasons therefor.
"(4) The Western Pacific Fishery Management Council shall, with
the assistance of such advisory panel, submit an annual report to
the Congress assessing the status and progress of demonstration
projects carried out under this subsection.
"(5) Appropriate Federal agencies may provide technical
assistance to western Pacific community-based entities to assist in
carrying out demonstration projects under this subsection.
"(6) For the purposes of this subsection, 'western Pacific
community' shall mean a community eligible to participate under
section 305(i)(2)(B) of the Magnuson-Stevens Fishery Conservation
and Management Act [16 U.S.C. 1855(i)(2)(B)], as amended by this
Act."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1802, 1821, 1852, 1853,
1854, 5503 of this title.

-FOOTNOTE-
(!1) See References in Text note below.

(!2) So in original. Probably should not be capitalized.


-End-



-CITE-
16 USC Sec. 1856 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
Sec. 1856. State jurisdiction

-STATUTE-
(a) In general
(1) Except as provided in subsection (b) of this section, nothing
in this chapter shall be construed as extending or diminishing the
jurisdiction or authority of any State within its boundaries.
(2) For the purposes of this chapter, except as provided in
subsection (b) of this section, the jurisdiction and authority of a
State shall extend -
(A) to any pocket of waters that is adjacent to the State and
totally enclosed by lines delimiting the territorial sea of the
United States pursuant to the Geneva Convention on the
Territorial Sea and Contiguous Zone or any successor convention
to which the United States is a party;
(B) with respect to the body of water commonly known as
Nantucket Sound, to the pocket of water west of the seventieth
meridian west of Greenwich; and
(C) to the waters of southeastern Alaska (for the purpose of
regulating fishing for other than any species of crab) that are -

(i) north of the line representing the international boundary
at Dixon Entrance and the westward extension of that line; east
of 138 degrees west longitude; and not more than three nautical
miles seaward from the coast, from the lines extending from
headland to headland across all bays, inlets, straits, passes,
sounds, and entrances, and from any island or group of islands,
including the islands of the Alexander Archipelago (except
Forrester Island); or
(ii) between the islands referred to in clause (i) (except
Forrester Island) and the mainland.

(3) A State may regulate a fishing vessel outside the boundaries
of the State in the following circumstances:
(A) The fishing vessel is registered under the law of that
State, and (i) there is no fishery management plan or other
applicable Federal fishing regulations for the fishery in which
the vessel is operating; or (ii) the State's laws and regulations
are consistent with the fishery management plan and applicable
Federal fishing regulations for the fishery in which the vessel
is operating.
(B) The fishery management plan for the fishery in which the
fishing vessel is operating delegates management of the fishery
to a State and the State's laws and regulations are consistent
with such fishery management plan. If at any time the Secretary
determines that a State law or regulation applicable to a fishing
vessel under this circumstance is not consistent with the fishery
management plan, the Secretary shall promptly notify the State
and the appropriate Council of such determination and provide an
opportunity for the State to correct any inconsistencies
identified in the notification. If, after notice and opportunity
for corrective action, the State does not correct the
inconsistencies identified by the Secretary, the authority
granted to the State under this subparagraph shall not apply
until the Secretary and the appropriate Council find that the
State has corrected the inconsistencies. For a fishery for which
there was a fishery management plan in place on August 1, 1996
that did not delegate management of the fishery to a State as of
that date, the authority provided by this subparagraph applies
only if the Council approves the delegation of management of the
fishery to the State by a three-quarters majority vote of the
voting members of the Council.
(C) The fishing vessel is not registered under the law of the
State of Alaska and is operating in a fishery in the exclusive
economic zone off Alaska for which there was no fishery
management plan in place on August 1, 1996, and the Secretary and
the North Pacific Council find that there is a legitimate
interest of the State of Alaska in the conservation and
management of such fishery. The authority provided under this
subparagraph shall terminate when a fishery management plan under
this chapter is approved and implemented for such fishery.
(b) Exception
(1) If the Secretary finds, after notice and an opportunity for a
hearing in accordance with section 554 of title 5, that -
(A) the fishing in a fishery, which is covered by a fishery
management plan implemented under this chapter, is engaged in
predominately within the exclusive economic zone and beyond such
zone; and
(B) any State has taken any action, or omitted to take any
action, the results of which will substantially and adversely
affect the carrying out of such fishery management plan;

the Secretary shall promptly notify such State and the appropriate
Council of such finding and of his intention to regulate the
applicable fishery within the boundaries of such State (other than
its internal waters), pursuant to such fishery management plan and
the regulations promulgated to implement such plan.
(2) If the Secretary, pursuant to this subsection, assumes
responsibility for the regulation of any fishery, the State
involved may at any time thereafter apply to the Secretary for
reinstatement of its authority over such fishery. If the Secretary
finds that the reasons for which he assumed such regulation no
longer prevail, he shall promptly terminate such regulation.
(3) If the State involved requests that a hearing be held
pursuant to paragraph (1), the Secretary shall conduct such hearing
prior to taking any action under paragraph (1).
(c) Exception regarding foreign fish processing in internal waters
(1) A foreign fishing vessel may engage in fish processing within
the internal waters of a State if, and only if -
(A) the vessel is qualified for purposes of this paragraph
pursuant to paragraph (4)(C) or has received a permit under
section 1824(d) of this title;
(B) the owner or operator of the vessel applies to the Governor
of the State for, and (subject to paragraph (2)) is granted,permission for the vessel to engage in such processing and the (continued)