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(continued)
provision that nothing in this paragraph may be construed to
require the Secretary, except in the Secretary's discretion or
pursuant to the order of a court under section 1861(d) of this
title, to release on bond any seized fish or other property or the
proceeds from the sale thereof.
1983 - Subsec. (a). Pub. L. 97-453 inserted "(or the fair market
value thereof)" after "fish" wherever appearing.

EFFECTIVE DATE
Section effective Mar. 1, 1977, see section 312 of Pub. L.
94-265, formerly set out as a note under section 1857 of this
title.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the
Treasury, including functions of the Secretary of the Treasury
relating thereto, to the Secretary of Homeland Security, and for
treatment of related references, see sections 203(1), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1417, 1861, 3606, 3637,
5103, 5106, 5154, 5158, 5606 of this title.

-End-



-CITE-
16 USC Sec. 1861 01/19/04

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

-HEAD-
Sec. 1861. Enforcement

-STATUTE-
(a) Responsibility
The provisions of this chapter shall be enforced by the Secretary
and the Secretary of the department in which the Coast Guard is
operating. Such Secretaries may, by agreement, on a reimbursable
basis or otherwise, utilize the personnel, services, equipment
(including aircraft and vessels), and facilities of any other
Federal agency, including all elements of the Department of
Defense, and of any State agency, in the performance of such
duties.
(b) Powers of authorized officers
(1) Any officer who is authorized (by the Secretary, the
Secretary of the department in which the Coast Guard is operating,
or the head of any Federal or State agency which has entered into
an agreement with such Secretaries under subsection (a) of this
section) to enforce the provisions of this chapter may -
(A) with or without a warrant or other process -
(i) arrest any person, if he has reasonable cause to believe
that such person has committed an act prohibited by section
1857 of this title;
(ii) board, and search or inspect, any fishing vessel which
is subject to the provisions of this chapter;
(iii) seize any fishing vessel (together with its fishing
gear, furniture, appurtenances, stores, and cargo) used or
employed in, or with respect to which it reasonably appears
that such vessel was used or employed in, the violation of any
provision of this chapter;
(iv) seize any fish (wherever found) taken or retained in
violation of any provision of this chapter; and
(v) seize any other evidence related to any violation of any
provision of this chapter;

(B) execute any warrant or other process issued by any court of
competent jurisdiction; and
(C) exercise any other lawful authority.

(2) Subject to the direction of the Secretary, a person charged
with law enforcement responsibilities by the Secretary who is
performing a duty related to enforcement of a law regarding
fisheries or other marine resources may make an arrest without a
warrant for an offense against the United States committed in his
presence, or for a felony cognizable under the laws of the United
States, if he has reasonable grounds to believe that the person to
be arrested has committed or is committing a felony. The arrest
authority described in the preceding sentence may be conferred upon
an officer or employee of a State agency, subject to such
conditions and restrictions as are set forth by agreement between
the State agency, the Secretary, and, with respect to enforcement
operations within the exclusive economic zone, the Secretary of the
department in which the Coast Guard is operating.
(c) Issuance of citations
If any officer authorized to enforce the provisions of this
chapter (as provided for in this section) finds that a fishing
vessel is operating or has been operated in violation of any
provision of this chapter, such officer may, in accordance with
regulations issued jointly by the Secretary and the Secretary of
the department in which the Coast Guard is operating, issue a
citation to the owner or operator of such vessel in lieu of
proceeding under subsection (b) of this section. If a permit has
been issued pursuant to this chapter for such vessel, such officer
shall note the issuance of any citation under this subsection,
including the date thereof and the reason therefor, on the permit.
The Secretary shall maintain a record of all citations issued
pursuant to this subsection.
(d) Jurisdiction of courts
The district courts of the United States shall have exclusive
jurisdiction over any case or controversy arising under the
provisions of this chapter. In the case of Guam or any possession
of the United States in the Pacific Ocean, the appropriate court is
the United States District Court for the District of Guam, except
that in the case of American Samoa, the appropriate court is the
United States District Court for the District of Hawaii, and except
that in the case of the Northern Mariana Islands, the appropriate
court is the United States District Court for the District of the
Northern Mariana Islands. Any such court may, at any time -
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other security;
and
(4) take such other actions as are in the interest of justice.
(e) Payment of storage, care, and other costs
(1) Notwithstanding any other provision of law, the Secretary or
the Secretary of the Treasury may pay from sums received as fines,
penalties, and forfeitures of property for violations of any
provisions of this chapter or of any other marine resource law
enforced by the Secretary, including the Lacey Act Amendments of
1981 (16 U.S.C. 3371 et seq.) -
(A) the reasonable and necessary costs incurred in providing
temporary storage, care, and maintenance of seized fish or other
property pending disposition of any civil or criminal proceeding
alleging a violation of any provision of this chapter or any
other marine resource law enforced by the Secretary with respect
to that fish or other property;
(B) a reward of not less than 20 percent of the penalty
collected or $20,000, whichever is the lesser amount, to any
person who furnishes information which leads to an arrest,
conviction, civil penalty assessment, or forfeiture of property
for any violation of any provision of this chapter or any other
marine resource law enforced by the Secretary;
(C) any expenses directly related to investigations and civil
or criminal enforcement proceedings, including any necessary
expenses for equipment, training, travel, witnesses, and
contracting services directly related to such investigations or
proceedings;
(D) any valid liens or mortgages against any property that has
been forfeited;
(E) claims of parties in interest to property disposed of under
section 1612(b) of title 19, as made applicable by section
1860(c) of this title or by any other marine resource law
enforced by the Secretary, to seizures made by the Secretary, in
amounts determined by the Secretary to be applicable to such
claims at the time of seizure; and
(F) reimbursement to any Federal or State agency, including the
Coast Guard, for services performed, or personnel, equipment, or
facilities utilized, under any agreement with the Secretary
entered into pursuant to subsection (a) of this section, or any
similar agreement authorized by law.

(2) Any person found in an administrative or judicial proceeding
to have violated this chapter or any other marine resource law
enforced by the Secretary shall be liable for the cost incurred in
the sale, storage, care, and maintenance of any fish or other
property lawfully seized in connection with the violation.
(f) Enforcement of Northeast Multispecies Fishery Management Plan
(1) Enforcement agreements
Beginning not later than October 1, 1993, the Secretary shall,
if requested by the Governor of a State represented on the New
England Fishery Management Council, enter into an agreement under
subsection (a) of this section, with each of the States
represented on such Council, that authorizes the marine law
enforcement agency of such State to perform duties of the
Secretary relating to enforcement of the Northeast Multispecies
Fishery Management Plan.
(2) Reimbursement
An agreement with a State under this subsection shall provide,
subject to the availability of appropriations, for reimbursement
of the State for expenses incurred in detection and prosecution
of violations of any fishery management plan approved by the
Secretary.
(3) Coast Guard enforcement working group
(A) Establishment
The Commander of the First Coast Guard District shall
establish an informal fisheries enforcement working group to
improve the overall compliance with and effectiveness of the
regulations issued under the Northeast Multispecies Fishery
Management Plan.
(B) Membership
The working group shall consist of members selected by the
Commander, and shall include -
(i) individuals who are representatives of various fishing
ports located in the States represented on the New England
Fishery Management Council;
(ii) captains of fishing vessels that operate in waters
under the jurisdiction of that Council; and
(iii) other individuals the Commander considers
appropriate.
(C) Non-Federal status of working group members
An individual shall not receive any compensation for, and
shall not be considered to be a Federal employee based on,
membership in the working group.
(D) Meetings
The working group shall meet, at the call of the Commander,
at least 4 times each year. The meetings shall be held at
various major fishing ports in States represented on the New
England Fishery Management Council, as specified by the
Commander.
(4) Use of fines and penalties
Amounts available to the Secretary under this chapter which are
attributable to fines and penalties imposed for violations of the
Northeast Multispecies Fishery Management Plan shall be used by
the Secretary pursuant to this section to enforce that Plan.
(g) Enforcement in Pacific Insular Areas
The Secretary, in consultation with the Governors of the Pacific
Insular Areas and the Western Pacific Council, shall to the extent
practicable support cooperative enforcement agreements between
Federal and Pacific Insular Area authorities.
(h) Definitions
For purposes of this section -
(1) The term "provisions of this chapter" includes (A) any
regulation or permit issued pursuant to this chapter, and (B) any
provision of, or regulation issued pursuant to, any international
fishery agreement under which foreign fishing is authorized by
section 1821(b) or (c) of this title, or section 1824(d) of this
title, with respect to fishing subject to the exclusive fishery
management authority of the United States.
(2) The term "violation of any provision of this chapter"
includes (A) the commission of any act prohibited by section 1857
of this title, and (B) the violation of any regulation, permit,
or agreement referred to in paragraph (1).

-SOURCE-
(Pub. L. 94-265, title III, Sec. 311, Apr. 13, 1976, 90 Stat. 358;
Pub. L. 96-470, title II, Sec. 209(e), Oct. 19, 1980, 94 Stat.
2245; Pub. L. 97-453, Secs. 13, 15(c), Jan. 12, 1983, 96 Stat.
2491, 2493; Pub. L. 99-659, title I, Secs. 101(c)(2), 109(b), Nov.
14, 1986, 100 Stat. 3707, 3714; Pub. L. 101-627, title I, Sec. 117,
Nov. 28, 1990, 104 Stat. 4456; Pub. L. 102-251, title III, Sec.
301(i), Mar. 9, 1992, 106 Stat. 64; Pub. L. 102-567, title IX, Sec.
901, Oct. 29, 1992, 106 Stat. 4316; Pub. L. 104-297, title I, Sec.
115, Oct. 11, 1996, 110 Stat. 3599.)


-STATAMEND-
AMENDMENT OF SUBSECTION (B)(2)
Pub. L. 102-251, title III, Secs. 301(i), 308, Mar. 9, 1992, 106
Stat. 64, 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)(2) is amended by inserting "and special areas," after
"exclusive economic zone".

-REFTEXT-
REFERENCES IN TEXT
The Lacey Act Amendments of 1981, referred to in subsec. (e), is
Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073, as amended, which
enacted chapter 53 (Sec. 3371 et seq.) of this title, amended
section 1540 of this title and section 42 of Title 18, Crimes and
Criminal Procedure, repealed sections 667e and 851 to 856 of this
title and sections 43, 44, 3054, and 3112 of Title 18, and enacted
provisions set out as notes under sections 1540 and 3371 of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 3371 of this title and
Tables.


-MISC1-
AMENDMENTS
1996 - Subsec. (d). Pub. L. 104-297, Sec. 115(a)(2), inserted ",
and except that in the case of the Northern Mariana Islands, the
appropriate court is the United States District Court for the
District of the Northern Mariana Islands" after "District of
Hawaii".
Pub. L. 104-297, Sec. 115(a)(1), which directed substitution of
"Guam or any" for "Guam, any Commonwealth, territory, or", was
executed by making the substitution for "Guam, and any
Commonwealth, territory, or", to reflect the probable intent of
Congress.
Subsec. (e)(1). Pub. L. 104-297, Sec. 115(b)(1), substituted
"marine resource law" for "fishery resource law" in introductory
provisions and in subpars. (A) and (B).
Subsec. (e)(1)(B). Pub. L. 104-297, Sec. 115(b)(2), inserted "of
not less than 20 percent of the penalty collected or $20,000,
whichever is the lesser amount," after "reward".
Subsec. (e)(1)(E). Pub. L. 104-297, Sec. 115(b)(3), added subpar.
(E) and struck out former subpar. (E) which read as follows:
"claims of parties in interest to property disposed of under
section 1612(b) of title 19 or under other provisions of the
customs laws, as made applicable by section 1860(c) of this title
to seizures made by the Secretary under this chapter, in amounts
determined by the Secretary to be applicable to such claims at the
time of seizure; and".
Subsec. (e)(2). Pub. L. 104-297, Sec. 115(c), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "Any
person assessed a civil penalty for, or convicted of, any violation
of this chapter shall be liable for the cost incurred in storage,
care, and maintenance of any fish or other property seized in
connection with the violation."
Subsec. (g). Pub. L. 104-297, Sec. 115(d), added subsec. (g).
Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 104-297, Sec. 115(d), redesignated subsec.
(g) as (h).
Subsec. (h)(1). Pub. L. 104-297, Sec. 115(e), which directed
amendment of subsec. (i)(1) by substituting "1821(b) or (c) of this
title, or section 1824(d) of this title," for "1821(b), (c) of this
title,", was executed by making the substitution for "1821(b) or
(c) of this title" in subsec. (h)(1) to reflect the probable intent
of Congress because this section does not contain a subsec. (i).
1992 - Subsecs. (f), (g). Pub. L. 102-567 added subsec. (f) and
redesignated former subsec. (f) as (g).
1990 - Subsec. (e). Pub. L. 101-627 amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows:
"Notwithstanding any other provision of law, after September 30,
1986, the Secretary or the Secretary of the Treasury may pay from
sums received as fines, penalties, or forfeitures of property for
violations of any provision of this chapter -
"(1) the reasonable and necessary costs incurred in providing
temporary storage, care, and maintenance of seized fish or other
property pending disposition of any civil or criminal proceeding
alleging a violation of any provision of this chapter with
respect to that fish or other property; and
"(2) a reward to any person who furnishes information which
leads to an arrest, conviction, civil penalty assessment, or
forfeiture of property for any violation of any provision of this
chapter.
Any person assessed a civil penalty for, or convicted of, any
violation of any provision of this chapter shall be liable for the
cost incurred in storage, care, and maintenance of any fish or
other property seized in connection with the violation concerned."
1986 - Subsec. (b)(2). Pub. L. 99-659, Sec. 101(c)(2),
substituted "exclusive economic zone" for "fishery conservation
zone".
Subsecs. (e), (f). Pub. L. 99-659, Sec. 109(b), added subsec. (e)
and redesignated former subsec. (e) as (f).
1983 - Subsec. (a). Pub. L. 97-453, Sec. 15(c), struck out
provision that the Secretaries were to report annually on June 30,
to each committee of the Congress listed in section 1823(b) of this
title and to the Councils, on the degree and extent of known and
estimated compliance with the provisions of this chapter during the
preceding calendar year.
Subsec. (b)(1). Pub. L. 97-453, Sec. 13(1), designated existing
provisions as par. (1).
Subsec. (b)(1)(A). Pub. L. 97-453, Sec. 13(2), (3), redesignated
former par. (1) as subpar. (A) and, in subpar. (A) as redesignated,
redesignated former subpars. (A) to (E) as cls. (i) to (v),
respectively.
Subsec. (b)(1)(B), (C). Pub. L. 97-453, Sec. 13(2), redesignated
former pars. (2) and (3) as subpars. (B) and (C), respectively.
Subsec. (b)(2). Pub. L. 97-453, Sec. 13(4), added par. (2).
1980 - Subsec. (a). Pub. L. 96-470 substituted "annually on June
30" for "semiannually" and inserted "during the preceding calendar
year" after "with the provisions of this chapter".

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.

EFFECTIVE DATE
Section effective Mar. 1, 1977, see section 312 of Pub. L.
94-265, formerly set out as a note under section 1857 of this
title.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.


-MISC2-
AGREEMENT TO MAKE MORE EFFECTIVE ENFORCEMENT OF DOMESTIC LAWS AND
INTERNATIONAL AGREEMENTS
Pub. L. 102-582, title II, Sec. 202, Nov. 2, 1992, 106 Stat.
4905, provided that not later than six months after Nov. 2, 1992,
the Secretary of the department in which the Coast Guard is
operating, the Secretary of Commerce, and the Secretary of Defense
were to enter into an agreement under subsec. (a) of this section
to make more effective the enforcement of domestic laws and
international agreements that conserve and manage living marine
resources of the United States.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1821, 1824, 1857, 1859,
1860, 3607, 3637, 5103, 5106, 5154, 5158, 5606 of this title.

-End-



-CITE-
16 USC Sec. 1861a 01/19/04

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

-HEAD-
Sec. 1861a. Transition to sustainable fisheries

-STATUTE-
(a) Fisheries disaster relief
(1) At the discretion of the Secretary or at the request of the
Governor of an affected State or a fishing community, the Secretary
shall determine whether there is a commercial fishery failure due
to a fishery resource disaster as a result of -
(A) natural causes;
(B) man-made causes beyond the control of fishery managers to
mitigate through conservation and management measures; or
(C) undetermined causes.

(2) Upon the determination under paragraph (1) that there is a
commercial fishery failure, the Secretary is authorized to make
sums available to be used by the affected State, fishing community,
or by the Secretary in cooperation with the affected State or
fishing community for assessing the economic and social effects of
the commercial fishery failure, or any activity that the Secretary
determines is appropriate to restore the fishery or prevent a
similar failure in the future and to assist a fishing community
affected by such failure. Before making funds available for an
activity authorized under this section, the Secretary shall make a
determination that such activity will not expand the size or scope
of the commercial fishery failure in that fishery or into other
fisheries or other geographic regions.
(3) The Federal share of the cost of any activity carried out
under the authority of this subsection shall not exceed 75 percent
of the cost of that activity.
(4) There are authorized to be appropriated to the Secretary such
sums as are necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
(b) Fishing capacity reduction program
(1) The Secretary, at the request of the appropriate Council for
fisheries under the authority of such Council, or the Governor of a
State for fisheries under State authority, may conduct a fishing
capacity reduction program (referred to in this section as the
"program") in a fishery if the Secretary determines that the
program -
(A) is necessary to prevent or end overfishing, rebuild stocks
of fish, or achieve measurable and significant improvements in
the conservation and management of the fishery;
(B) is consistent with the Federal or State fishery management
plan or program in effect for such fishery, as appropriate, and
that the fishery management plan -
(i) will prevent the replacement of fishing capacity removed
by the program through a moratorium on new entrants,
restrictions on vessel upgrades, and other effort control
measures, taking into account the full potential fishing
capacity of the fleet; and
(ii) establishes a specified or target total allowable catch
or other measures that trigger closure of the fishery or
adjustments to reduce catch; and

(C) is cost-effective and capable of repaying any debt
obligation incurred under section 1279f (!1) of title 46,
Appendix.


(2) The objective of the program shall be to obtain the maximum
sustained reduction in fishing capacity at the least cost and in a
minimum period of time. To achieve that objective, the Secretary is
authorized to pay -
(A) the owner of a fishing vessel, if such vessel is (i)
scrapped, or (ii) through the Secretary of the department in
which the Coast Guard is operating, subjected to title
restrictions that permanently prohibit and effectively prevent
its use in fishing, and if the permit authorizing the
participation of the vessel in the fishery is surrendered for
permanent revocation and the owner relinquishes any claim
associated with the vessel and permit that could qualify such
owner for any present or future limited access system permit in
the fishery for which the program is established; or
(B) the holder of a permit authorizing participation in the
fishery, if such permit is surrendered for permanent revocation,
and such holder relinquishes any claim associated with the permit
and vessel used to harvest fishery resources under the permit
that could qualify such holder for any present or future limited
access system permit in the fishery for which the program was
established.

(3) Participation in the program shall be voluntary, but the
Secretary shall ensure compliance by all who do participate.
(4) The Secretary shall consult, as appropriate, with Councils,
Federal agencies, State and regional authorities, affected fishing
communities, participants in the fishery, conservation
organizations, and other interested parties throughout the
development and implementation of any program under this section.
(c) Program funding
(1) The program may be funded by any combination of amounts -
(A) available under clause (iv) of section 713c-3(b)(1)(A) of
title 15;
(B) appropriated for the purposes of this section;
(C) provided by an industry fee system established under
subsection (d) of this section and in accordance with section
1279f (!1) of title 46, Appendix; or
(D) provided from any State or other public sources or private
or non-profit organizations.

(2) All funds for the program, including any fees established
under subsection (d) of this section, shall be paid into the
fishing capacity reduction fund established under section 1279f
(!1) of title 46, Appendix.
(d) Industry fee system
(1)(A) If an industry fee system is necessary to fund the
program, the Secretary, at the request of the appropriate Council,
may conduct a referendum on such system. Prior to the referendum,
the Secretary, in consultation with the Council, shall -
(i) identify, to the extent practicable, and notify all permit
or vessel owners who would be affected by the program; and
(ii) make available to such owners information about the
industry fee system describing the schedule, procedures, and
eligibility requirements for the referendum, the proposed
program, and the amount and duration and any other terms and
conditions of the proposed fee system.

(B) The industry fee system shall be considered approved if the
referendum votes which are cast in favor of the proposed system
constitute a two-thirds majority of the participants voting.
(2) Notwithstanding section 1854(d) of this title and consistent
with an approved industry fee system, the Secretary is authorized
to establish such a system to fund the program and repay debt
obligations incurred pursuant to section 1279f (!1) of title 46,
Appendix. The fees for a program established under this section
shall -
(A) be determined by the Secretary and adjusted from time to
time as the Secretary considers necessary to ensure the
availability of sufficient funds to repay such debt obligations;
(B) not exceed 5 percent of the ex-vessel value of all fish
harvested from the fishery for which the program is established;
(C) be deducted by the first ex-vessel fish purchaser from the
proceeds otherwise payable to the seller and accounted for and
forwarded by such fish purchasers to the Secretary in such manner
as the Secretary may establish; and
(D) be in effect only until such time as the debt obligation
has been fully paid.
(e) Implementation plan
(1) The Secretary, in consultation with the appropriate Council
or State and other interested parties, shall prepare and publish in
the Federal Register for a 60-day public comment period an
implementation plan, including proposed regulations, for each
program. The implementation plan shall -
(A) define criteria for determining types and numbers of
vessels which are eligible for participation in the program
taking into account characteristics of the fishery, the
requirements of applicable fishery management plans, the needs of
fishing communities, and the need to minimize program costs; and
(B) establish procedures for program participation (such as
submission of owner bid under an auction system or fair
market-value assessment) including any terms and conditions for
participation which the Secretary deems to be reasonably
necessary to meet the goals of the program.

(2) During the 60-day public comment period -
(A) the Secretary shall conduct a public hearing in each State
affected by the program; and
(B) the appropriate Council or State shall submit its comments
and recommendations, if any, regarding the plan and regulations.

(3) Within 45 days after the close of the public comment period,
the Secretary, in consultation with the appropriate Council or
State, shall analyze the public comment received and publish in the
Federal Register a final implementation plan for the program and
regulations for its implementation. The Secretary may not adopt a
final implementation plan involving industry fees or debt
obligation unless an industry fee system has been approved by a
referendum under this section.

-SOURCE-
(Pub. L. 94-265, title III, Sec. 312, as added Pub. L. 104-297,
title I, Sec. 116(a), Oct. 11, 1996, 110 Stat. 3600.)

-REFTEXT-
REFERENCES IN TEXT
Section 1279f of title 46, Appendix, referred to in subsecs.
(b)(1)(C), (c)(1)(C), (2), and (d)(2), was in the original a
reference to section 1111 of title XI of the Merchant Marine Act,
1936, and was translated as meaning the section 1111 of that Act
added by Pub. L. 104-297, Sec. 303(a), to reflect the probable
intent of Congress. Another section 1111 of title XI of the
Merchant Marine Act, 1936, relating to loan guarantees for eligible
vessels, is classified to section 1279d of Title 46, Appendix,
Shipping.


-MISC1-
PRIOR PROVISIONS
A prior section 312 of Pub. L. 94-265, title III, Apr. 13, 1976,
90 Stat. 359, was set out as an Effective Date note under section
1857 of this title, prior to being amended generally by Pub. L.
104-297.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.


-MISC2-
STUDY OF FEDERAL INVESTMENT IN FISHERIES
Section 116(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, provided that: "The Secretary of
Commerce shall establish a task force comprised of interested
parties to study and report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Resources of
the House of Representatives within 2 years of the date of
enactment of this Act [Oct. 11, 1996] on the role of the Federal
Government in -
"(1) subsidizing the expansion and contraction of fishing
capacity in fishing fleets managed under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);
and
"(2) otherwise influencing the aggregate capital investments in
fisheries."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 15 section 713c-3; title 42
section 3149; title 46 App. section 1279f.

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


-End-



-CITE-
16 USC Sec. 1862 01/19/04

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

-HEAD-
Sec. 1862. North Pacific fisheries conservation

-STATUTE-
(a) In general
The North Pacific Council may prepare, in consultation with the
Secretary, a fisheries research plan for all fisheries under the
Council's jurisdiction except salmon fisheries which -
(1) requires that observers be stationed on fishing vessels
engaged in the catching, taking, or harvesting of fish and on
United States fish processors fishing for or processing species
under the jurisdiction of the Council, including the Northern
Pacific halibut fishery, for the purpose of collecting data
necessary for the conservation, management, and scientific
understanding of any fisheries under the Council's jurisdiction;
and
(2) establishes a system of fees to pay for the costs of
implementing the plan.
(b) Standards
(1) Any plan or plan amendment prepared under this section shall
be reasonably calculated to -
(A) gather reliable data, by stationing observers on all or a
statistically reliable sample of the fishing vessels and United
States fish processors included in the plan, necessary for the
conservation, management, and scientific understanding of the
fisheries covered by the plan;
(B) be fair and equitable to all vessels and processors;
(C) be consistent with applicable provisions of law; and
(D) take into consideration the operating requirements of the
fisheries and the safety of observers and fishermen.

(2) Any system of fees established under this section shall -
(A) provide that the total amount of fees collected under this
section not exceed the combined cost of (i) stationing observers
on board fishing vessels and United States fish processors, (ii)
the actual cost of inputting collected data, and (iii)
assessments necessary for a risk-sharing pool implemented under
subsection (e) of this section, less any amount received for such
purpose from another source or from an existing surplus in the
North Pacific Fishery Observer Fund established in subsection (d)
of this section;
(B) be fair and equitable to all participants in the fisheries
under the jurisdiction of the Council, including the Northern
Pacific halibut fishery;
(C) provide that fees collected not be used to pay any costs of
administrative overhead or other costs not directly incurred in
carrying out the plan;
(D) not be used to offset amounts authorized under other
provisions of law;
(E) be expressed as a percentage, not to exceed 2 percent, of
the unprocessed ex-vessel value of fish and shellfish harvested
under the jurisdiction of the Council, including the Northern
Pacific halibut fishery;
(F) be assessed against all fishing vessels and United States
fish processors, including those not required to carry an
observer under the plan, participating in fisheries under the
jurisdiction of the Council, including the Northern Pacific
halibut fishery;
(G) provide that fees collected will be deposited in the North
Pacific Fishery Observer Fund established under subsection (d) of
this section;
(H) provide that fees collected will only be used for
implementing the plan established under this section; and
(I) meet the requirements of section 9701(b) of title 31.
(c) Action by Secretary
(1) Within 60 days after receiving a plan or plan amendment from
the North Pacific Council under this section, the Secretary shall
review such plan or plan amendment and either (A) remand such plan
or plan amendment to the Council with comments if it does not meet
the requirements of this section, or (B) publish in the Federal
Register proposed regulations for implementing such plan or plan
amendment.
(2) During the 60-day public comment period, the Secretary shall
conduct a public hearing in each State represented on the Council
for the purpose of receiving public comments on the proposed
regulations.
(3) Within 45 days of the close of the public comment period, the
Secretary, in consultation with the Council, shall analyze the
public comment received and publish final regulations for
implementing such plan.
(4) If the Secretary remands a plan or plan amendment to the
Council for failure to meet the requirements of this section, the
Council may resubmit such plan or plan amendment at any time after
taking action the Council believes will address the defects
identified by the Secretary. Any plan or plan amendment resubmitted
to the Secretary will be treated as an original plan submitted to
the Secretary under paragraph (1) of this subsection.
(d) Fishery Observer Fund
There is established in the Treasury a North Pacific Fishery
Observer Fund. The Fund shall be available, without appropriation
or fiscal year limitation, only to the Secretary for the purpose of
carrying out the provisions of this section, subject to the
restrictions in subsection (b)(2) of this section. The Fund shall
consist of all monies deposited into it in accordance with this
section. Sums in the Fund that are not currently needed for the
purposes of this section shall be kept on deposit or invested in
obligations of, or guaranteed by, the United States.
(e) Special provisions regarding observers
(1) The Secretary shall review -
(A) the feasibility of establishing a risk sharing pool through
a reasonable fee, subject to the limitations of subsection
(b)(2)(E) of this section, to provide coverage for vessels and
owners against liability from civil suits by observers, and
(B) the availability of comprehensive commercial insurance for
vessel and owner liability against civil suits by observers.

(2) If the Secretary determines that a risk sharing pool is
feasible, the Secretary shall establish such a pool, subject to the
provisions of subsection (b)(2) of this section, unless the
Secretary determines that -
(A) comprehensive commercial insurance is available for all
fishing vessels and United States fish processors required to
have observers under the provisions of this section, and
(B) such comprehensive commercial insurance will provide a
greater measure of coverage at a lower cost to each participant.
(f) Bycatch reduction
In implementing section 1853(a)(11) of this title and this
section, the North Pacific Council shall submit conservation and
management measures to lower, on an annual basis for a period of
not less than four years, the total amount of economic discards
occurring in the fisheries under its jurisdiction.
(g) Bycatch reduction incentives
(1) Notwithstanding section 1854(d) of this title, the North
Pacific Council may submit, and the Secretary may approve,
consistent with the provisions of this chapter, a system of fines
in a fishery to provide incentives to reduce bycatch and bycatch
rates; except that such fines shall not exceed $25,000 per vessel
per season. Any fines collected shall be deposited in the North
Pacific Fishery Observer Fund, and may be made available by the
Secretary to offset costs related to the reduction of bycatch in
the fishery from which such fines were derived, including
conservation and management measures and research, and to the State
of Alaska to offset costs incurred by the State in the fishery from
which such penalties were derived or in fisheries in which the
State is directly involved in management or enforcement and which
are directly affected by the fishery from which such penalties were
derived.
(2)(A) Notwithstanding section 1853(d) of this title, and in
addition to the authority provided in section 1853(b)(10) of this
title, the North Pacific Council may submit, and the Secretary may
approve, conservation and management measures which provide
allocations of regulatory discards to individual fishing vessels as
an incentive to reduce per vessel bycatch and bycatch rates in a
fishery, Provided, That -
(i) such allocations may not be transferred for monetary
consideration and are made only on an annual basis; and
(ii) any such conservation and management measures will meet
the requirements of subsection (h) of this section and will
result in an actual reduction in regulatory discards in the
fishery.

(B) The North Pacific Council may submit restrictions in addition
to the restriction imposed by clause (i) of subparagraph (A) on the
transferability of any such allocations, and the Secretary may
approve such recommendation.
(h) Catch measurement
(1) By June 1, 1997 the North Pacific Council shall submit, and
the Secretary may approve, consistent with the other provisions of
this chapter, conservation and management measures to ensure total
catch measurement in each fishery under the jurisdiction of such
Council. Such measures shall ensure the accurate enumeration, at a
minimum, of target species, economic discards, and regulatory
discards.
(2) To the extent the measures submitted under paragraph (1) do
not require United States fish processors and fish processing
vessels (as defined in chapter 21 of title 46) to weigh fish, the
North Pacific Council and the Secretary shall submit a plan to the
Congress by January 1, 1998, to allow for weighing, including
recommendations to assist such processors and processing vessels in
acquiring necessary equipment, unless the Council determines that
such weighing is not necessary to meet the requirements of this
subsection.
(i) Full retention and utilization
(1) The North Pacific Council shall submit to the Secretary by
October 1, 1998 a report on the advisability of requiring the full
retention by fishing vessels and full utilization by United States
fish processors of economic discards in fisheries under its
jurisdiction if such economic discards, or the mortality of such
economic discards, cannot be avoided. The report shall address the
projected impacts of such requirements on participants in the
fishery and describe any full retention and full utilization
requirements that have been implemented.
(2) The report shall address the advisability of measures to
minimize processing waste, including standards setting minimum
percentages which must be processed for human consumption. For the
purpose of the report, "processing waste" means that portion of any
fish which is processed and which could be used for human
consumption or other commercial use, but which is not so used.

-SOURCE-
(Pub. L. 94-265, title III, Sec. 313, as added Pub. L. 101-627,
title I, Sec. 118(a), Nov. 28, 1990, 104 Stat. 4457; amended Pub.
L. 102-582, title IV, Sec. 404, Nov. 2, 1992, 106 Stat. 4909; Pub.
L. 104-297, title I, Sec. 117(a), Oct. 11, 1996, 110 Stat. 3603.)


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-297, Sec. 117(a)(1), substituted
"conservation" for "research plan" in section catchline.
Subsec. (a). Pub. L. 104-297, Sec. 117(a)(2), substituted "North
Pacific Council" for "North Pacific Fishery Management Council" in
introductory provisions.
Subsecs. (f) to (i). Pub. L. 104-297, Sec. 117(a)(3), added
subsecs. (f) to (i).
1992 - Subsec. (b)(2)(E). Pub. L. 102-582 substituted "2 percent,
of the unprocessed ex-vessel" for "one percentum, of the".

-End-



-CITE-
16 USC Sec. 1863 01/19/04

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

-HEAD-
Sec. 1863. Northwest Atlantic Ocean Fisheries Reinvestment Program

-STATUTE-
(a) Program
(1) Not later than October 1, 1993, the Secretary shall establish
a Northwest Atlantic Ocean Fisheries Reinvestment Program for the
purposes of -
(A) promoting development of commercial fisheries and markets
for underutilized species of the northwest Atlantic Ocean;
(B) developing alternative fishing opportunities for
participants in the New England groundfish fishery;
(C) providing technical support and assistance to United States
fishermen and fish processors to improve the value-added
processing of underutilized species and to make participation in
fisheries for underutilized species of the northwest Atlantic
Ocean economically viable;
(D) creating new economic opportunities through the improved
processing and expanded use of fish waste; and
(E) helping to restore overfished New England groundfish stocks
through aquaculture or hatchery programs.

(2) Consultation. - In establishing and implementing the
Northwest Fisheries Reinvestment Program, the Secretary shall
consult with representatives of the commercial fishing industry,
the seafood processing industry, and the academic community
(including the National Sea Grant Program).
(3) Activities Under Program. - Subject to the availability of
appropriations, the Secretary shall award contracts, grants and
other financial assistance to United States citizens to carry out
the purposes of subsection (!1) (1), under the terms and conditions
provided in section 713c-3(c) of title 15, except that, in making
awards under this section for projects involving participation in
fisheries for underutilized species, the Secretary shall give the
highest priority to a person who owns or operates a fishing vessel
permitted under this chapter to participate in the New England
groundfish fishery who agrees to surrender that permit to the
Secretary during the duration of the contract, grant or other
assistance.

(4) Authorization of Appropriations. - There are authorized to be
appropriated $5,000,000 for each of fiscal years 1993 through 1999
to carry out the purposes of this section. For fiscal year 1993 no
more than $1,000,000, and for fiscal year 1994 no more than
$2,000,000, of such funds may be provided from monies made
available under section 713c-3(b) of title 15. (continued)