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(continued)
State, in cooperation with the Secretary, among the individual
fishery allocations determined for that nation under subparagraph
(A). The basis on which each apportionment is made under this
subparagraph shall be stated in writing by the Secretary of State.
(D) After the initial release of fishery allocations under
subparagraph (C) to a foreign nation, any subsequent release of an
allocation for any fishery to such nation shall only be made -
(i) after the lapse of such period of time as may be sufficient
for purposes of making the determination required under clause
(ii); and
(ii) if the Secretary of State and the Secretary, after taking
into account the size of the allocation for such fishery and the
length and timing of the fishing season, determine in writing
that such nation is complying with the purposes and intent of
this paragraph with respect to such fishery.

If the foreign nation is not determined under clause (ii) to be in
such compliance, the Secretary of State shall reduce, in a manner
and quantity he considers to be appropriate (I) the remainder of
such allocation, or (II) if all of such allocation has been
released, the next allocation of such fishery, if any, made to such
nation.
(E) The determinations required to be made under subparagraphs
(A) and (D)(ii), and the apportionments required to be made under
subparagraph (C), with respect to a foreign nation shall be based
on -
(i) whether, and to what extent, such nation imposes tariff
barriers or nontariff barriers on the importation, or otherwise
restricts the market access, of both United States fish and
fishery products, particularly fish and fishery products for
which the foreign nation has requested an allocation;
(ii) whether, and to what extent, such nation is cooperating
with the United States in both the advancement of existing and
new opportunities for fisheries exports from the United States
through the purchase of fishery products from United States
processors, and the advancement of fisheries trade through the
purchase of fish and fishery products from United States
fishermen, particularly fish and fishery products for which the
foreign nation has requested an allocation;
(iii) whether, and to what extent, such nation and the fishing
fleets of such nation have cooperated with the United States in
the enforcement of United States fishing regulations;
(iv) whether, and to what extent, such nation requires the fish
harvested from the exclusive economic zone for its domestic
consumption;
(v) whether, and to what extent, such nation otherwise
contributes to, or fosters the growth of, a sound and economic
United States fishing industry, including minimizing gear
conflicts with fishing operations of United States fishermen, and
transferring harvesting or processing technology which will
benefit the United States fishing industry;
(vi) whether, and to what extent, the fishing vessels of such
nation have traditionally engaged in fishing in such fishery;
(vii) whether, and to what extent, such nation is cooperating
with the United States in, and making substantial contributions
to, fishery research and the identification of fishery resources;
and
(viii) such other matters as the Secretary of State, in
cooperation with the Secretary, deems appropriate.

(2)(A) For the purposes of this paragraph -
(i) The term "certification" means a certification made by the
Secretary that nationals of a foreign country, directly or
indirectly, are conducting fishing operations or engaging in
trade or taking which diminishes the effectiveness of the
International Convention for the Regulation of Whaling. A
certification under this section shall also be deemed a
certification for the purposes of section 1978(a) of title 22.
(ii) The term "remedial period" means the 365-day period
beginning on the date on which a certification is issued with
respect to a foreign country.

(B) If the Secretary issues a certification with respect to any
foreign country, then each allocation under paragraph (1) that -
(i) is in effect for that foreign country on the date of
issuance; or
(ii) is not in effect on such date but would, without regard to
this paragraph, be made to the foreign country within the
remedial period;

shall be reduced by the Secretary of State, in consultation with
the Secretary, by not less than 50 percent.
(C) The following apply for purposes of administering
subparagraph (B) with respect to any foreign country:
(i) If on the date of certification, the foreign country has
harvested a portion, but not all, of the quantity of fish
specified under any allocation, the reduction under subparagraph
(B) for that allocation shall be applied with respect to the
quantity not harvested as of such date.
(ii) If the Secretary notified the Secretary of State that it
is not likely that the certification of the foreign country will
be terminated under section 1978(d) of title 22 before the close
of the period for which an allocation is applicable or before the
close of the remedial period (whichever close first occurs) the
Secretary of State, in consultation with the Secretary, shall
reallocate any portion of any reduction made under subparagraph
(B) among one or more foreign countries for which no
certification is in effect.
(iii) If the certification is terminated under such section
1978(d) of title 22 during the remedial period, the Secretary of
State shall return to the foreign country that portion of any
allocation reduced under subparagraph (B) that was not
reallocated under clause (ii); unless the harvesting of the fish
covered by the allocation is otherwise prohibited under this
chapter.
(iv) The Secretary may refund or credit, by reason of reduction
of any allocation under this paragraph, any fee paid under
section 1824 of this title.

(D) If the certification of a foreign country is not terminated
under section 1978(d) of title 22 before the close of the last day
of the remedial period, the Secretary of State -
(i) with respect to any allocation made to that country and in
effect (as reduced under subparagraph (B)) on such last day,
shall rescind, effective on and after the day after such last
day, any unharvested portion of such allocation; and
(ii) may not thereafter make any allocation to that country
under paragraph (1) until the certification is terminated.
(f) Reciprocity
Foreign fishing shall not be authorized for the fishing vessels
of any foreign nation unless such nation satisfies the Secretary
and the Secretary of State that such nation extends substantially
the same fishing privileges to fishing vessels of the United
States, if any, as the United States extends to foreign fishing
vessels.
(g) Preliminary fishery management plans
The Secretary, when notified by the Secretary of State that any
foreign nation has submitted an application under section 1824(b)
of this title shall prepare a preliminary fishery management plan
for any fishery covered by such application if the Secretary
determines that no fishery management plan for that fishery will be
prepared and implemented, pursuant to subchapter IV of this
chapter, before March 1, 1977. To the extent practicable, each such
plan -
(1) shall contain a preliminary description of the fishery and
a preliminary determination as to -
(A) the optimum yield from such fishery;
(B) when appropriate, the capacity and extent to which United
States fish processors will process that portion of such
optimum yield that will be harvested by vessels of the United
States; and
(C) the total allowable level of foreign fishing with respect
to such fishery;

(2) shall require each foreign fishing vessel engaged or
wishing to engage in such fishery to obtain a permit from the
Secretary;
(3) shall require the submission of pertinent data to the
Secretary, with respect to such fishery, as described in section
1853(a)(5) of this title; and
(4) may, to the extent necessary to prevent irreversible
effects from overfishing, with respect to such fishery, contain
conservation and management measures applicable to foreign
fishing which -
(A) are determined to be necessary and appropriate for the
conservation and management of such fishery,
(B) are consistent with the national standards, the other
provisions of this chapter, and other applicable law, and
(C) are described in section 1853(b)(2), (3), (4), (5), and
(7) of this title.

Each preliminary fishery management plan shall be in effect with
respect to foreign fishing for which permits have been issued until
a fishery management plan is prepared and implemented, pursuant to
subchapter IV of this chapter, with respect to such fishery. The
Secretary may, in accordance with section 553 of title 5, also
prepare and promulgate interim regulations with respect to any such
preliminary plan. Such regulations shall be in effect until
regulations implementing the applicable fishery management plan are
promulgated pursuant to section 1855 of this title.
(h) Full observer coverage program
(1)(A) Except as provided in paragraph (2), the Secretary shall
establish a program under which a United States observer will be
stationed aboard each foreign fishing vessel while that vessel is
engaged in fishing within the exclusive economic zone.
(B) The Secretary shall by regulation prescribe minimum health
and safety standards that shall be maintained aboard each foreign
fishing vessel with regard to the facilities provided for the
quartering of, and the carrying out of observer functions by,
United States observers.
(2) The requirement in paragraph (1) that a United States
observer be placed aboard each foreign fishing vessel may be waived
by the Secretary if he finds that -
(A) in a situation where a fleet of harvesting vessels
transfers its catch taken within the exclusive economic zone to
another vessel, aboard which is a United States observer, the
stationing of United States observers on only a portion of the
harvesting vessel fleet will provide a representative sampling of
the by-catch of the fleet that is sufficient for purposes of
determining whether the requirements of the applicable management
plans for the by-catch species are being complied with;
(B) in a situation where the foreign fishing vessel is
operating under a Pacific Insular Area fishing agreement, the
Governor of the applicable Pacific Insular Area, in consultation
with the Western Pacific Council, has established an observer
coverage program that is at least equal in effectiveness to the
program established by the Secretary;
(C) the time during which a foreign fishing vessel will engage
in fishing within the exclusive economic zone will be of such
short duration that the placing of a United States observer
aboard the vessel would be impractical; or
(D) for reasons beyond the control of the Secretary, an
observer is not available.

(3) Observers, while stationed aboard foreign fishing vessels,
shall carry out such scientific, compliance monitoring, and other
functions as the Secretary deems necessary or appropriate to carry
out the purposes of this chapter; and shall cooperate in carrying
out such other scientific programs relating to the conservation and
management of living resources as the Secretary deems appropriate.
(4) In addition to any fee imposed under section 1824(b)(10) of
this title and section 1980(e) of title 22 with respect to foreign
fishing for any year after 1980, the Secretary shall impose, with
respect to each foreign fishing vessel for which a permit is issued
under such section 1824 of this title, a surcharge in an amount
sufficient to cover all the costs of providing a United States
observer aboard that vessel. The failure to pay any surcharge
imposed under this paragraph shall be treated by the Secretary as a
failure to pay the permit fee for such vessel under section
1824(b)(10) of this title. All surcharges collected by the
Secretary under this paragraph shall be deposited in the Foreign
Fishing Observer Fund established by paragraph (5).
(5) There is established in the Treasury of the United States the
Foreign Fishing Observer Fund. The Fund shall be available to the
Secretary as a revolving fund for the purpose of carrying out this
subsection. The Fund shall consist of the surcharges deposited into
it as required under paragraph (4). All payments made by the
Secretary to carry out this subsection shall be paid from the Fund,
only to the extent and in the amounts provided for in advance in
appropriation Acts. Sums in the Fund which are not currently needed
for the purposes of this subsection shall be kept on deposit or
invested in obligations of, or guaranteed by, the United States.
(6) If at any time the requirement set forth in paragraph (1)
cannot be met because of insufficient appropriations, the Secretary
shall, in implementing a supplementary observer program:
(A) certify as observers, for the purposes of this subsection,
individuals who are citizens or nationals of the United States
and who have the requisite education or experience to carry out
the functions referred to in paragraph (3);
(B) establish standards of conduct for certified observers
equivalent to those applicable to Federal personnel;
(C) establish a reasonable schedule of fees that certified
observers or their agents shall be paid by the owners and
operators of foreign fishing vessels for observer services; and
(D) monitor the performance of observers to ensure that it
meets the purposes of this chapter.
(i) Recreational fishing
Notwithstanding any other provision of this subchapter, foreign
fishing vessels which are not operated for profit may engage in
recreational fishing within the exclusive economic zone and the
waters within the boundaries of a State subject to obtaining such
permits, paying such reasonable fees, and complying with such
conditions and restrictions as the Secretary and the Governor of
the State (or his designee) shall impose as being necessary or
appropriate to insure that the fishing activity of such foreign
vessels within such zone or waters, respectively, is consistent
with all applicable Federal and State laws and any applicable
fishery management plan implemented under section 1854 of this
title. The Secretary shall consult with the Secretary of State and
the Secretary of the Department in which the Coast Guard is
operating in formulating the conditions and restrictions to be
applied by the Secretary under the authority of this subsection.

-SOURCE-
(Pub. L. 94-265, title II, Sec. 201, Apr. 13, 1976, 90 Stat. 337;
Pub. L. 95-354, Sec. 4(1)-(4), Aug. 28, 1978, 92 Stat. 519, 520;
Pub. L. 96-61, Sec. 3(a), Aug. 15, 1979, 93 Stat. 407; Pub. L.
96-118, Sec. 5, Nov. 16, 1979, 93 Stat. 860; Pub. L 96-561, title
II, Secs. 230, 231(a), 236, Dec. 22, 1980, 94 Stat. 3296, 3297,
3299; Pub. L. 97-453, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2481; Pub.
L. 98-623, title IV, Sec. 404(1), (2), Nov. 8, 1984, 98 Stat. 3408;
Pub. L. 99-386, title II, Sec. 206(a), Aug. 22, 1986, 100 Stat.
823; Pub. L. 99-659, title I, Secs. 101(c)(2), 103(a), Nov. 14,
1986, 100 Stat. 3707, 3708; Pub. L. 101-627, title I, Sec. 104,
Nov. 28, 1990, 104 Stat. 4439; Pub. L. 102-251, title III, Sec.
301(d), Mar. 9, 1992, 106 Stat. 63; Pub. L. 103-236, title I, Sec.
139(24), Apr. 30, 1994, 108 Stat. 399; Pub. L. 104-297, title I,
Sec. 105(a), Oct. 11, 1996, 110 Stat. 3563.)


-STATAMEND-
AMENDMENT OF SECTION
Pub. L. 102-251, title III, Secs. 301(d), 308, Mar. 9, 1992, 106
Stat. 63, 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, this section is
amended:

(1) in subsection (a), (A) by inserting "within the special
areas," immediately before "or for anadromous species" and (B) by
striking "beyond the exclusive economic zone" and inserting in lieu
thereof "beyond such zone or areas";
(2) in subsection (e)(1)(E)(IV)[iv], by inserting "or special
areas" immediately after "exclusive economic zone";
(3) in subsection (i), (A) by inserting "or special areas"
immediately before the period at the end of paragraph (1)(A), (B)
by inserting "or special areas" immediately after "exclusive
economic zone" in paragraph (2)(A), and (C) by inserting "or
special areas" immediately after "exclusive economic zone" in
paragraph (2)(B); and
(4) in subsection (j), (A) by inserting ", special areas,"
immediately after "exclusive economic zone", and (B) by inserting
", areas," immediately after "such zone".

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (c), (d), (e)(2)(C)(iii),
(g), and (h)(3), (6)(D), 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
1996 - Subsec. (a)(1), (2). Pub. L. 104-297, Sec. 105(a)(1),
added pars. (1) and (2) and struck out former pars. (1) and (2)
which read as follows:
"(1) is authorized under subsection (b) or (c) of this section;
"(2) is not prohibited by subsection (g) of this section; and".
Subsec. (c)(2)(D). Pub. L. 104-297, Sec. 105(a)(2), substituted
"subsection (h)" for "subsection (i)".
Subsec. (f). Pub. L. 104-297, Sec. 105(a)(3), (4), repealed
subsec. (f) and redesignated subsec. (g) as (f). See 1994 Amendment
note below.
Subsec. (g). Pub. L. 104-297, Sec. 105(a)(4), redesignated
subsec. (h) as (g). Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 104-297, Sec. 105(a)(4), redesignated
subsec. (i) as (h). Former subsec. (h) redesignated (g).
Subsec. (h)(2)(B) to (D). Pub. L. 104-297, Sec. 105(a)(5), added
subpar. (B) and redesignated former subpars. (B) and (C) as (C) and
(D), respectively.
Subsec. (i). Pub. L. 104-297, Sec. 105(a)(4), (6), redesignated
subsec. (j) as (i) and substituted "section 1854" for "section
1855". Former subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 104-297, Sec. 105(a)(4), redesignated
subsec. (j) as (i).
1994 - Subsec. (f). Pub. L. 103-236 directed the repeal of
section 201(f) of the Fishery Conservation and Management Act,
1976, which was executed by repealing subsec. (f) of this section
which was section 201(f) of the Magnuson Fishery Conservation and
Management Act. Prior to repeal, subsec. (f) read as follows: "The
Secretary and the Secretary of State shall prepare and submit a
report to the Congress and the President, not later than July 1 of
each year, setting forth -
"(1) a list of species of all allocations made to foreign
nations pursuant to subsection (e) of this section and all
permits issued pursuant to section 1824(b)(6)(B) of this title;
and
"(2) all tariff and nontariff trade barriers imposed by such
nations on the importation of such species from the United
States."
1990 - Subsec. (d). Pub. L. 101-627 amended subsec. (d)
generally, limiting the total allowable level of foreign fishing,
with respect to any fishery subject to the exclusive management
authority of the United States, to only that part of the potential
fishery yield which is not harvested by United States fishermen and
deleting the alternative method of determining the total allowable
level of foreign fishing based on the annual fishing level for each
harvesting season after the 1980 harvesting season.
1986 - Subsecs. (a), (e)(1)(E)(iv). Pub. L. 99-659, Sec.
101(c)(2), substituted "exclusive economic zone" for "fishery
conservation zone" in two places.
Subsec. (f). Pub. L. 99-386 substituted "The Secretary and the
Secretary of State shall" for "The Secretary of the Treasury, in
cooperation with the Secretary and the Secretary of State, shall".
Subsec. (i)(1). Pub. L. 99-659, Secs. 101(c)(2), 103(a)(1), (2),
designated existing provisions as subpar. (A), substituted
"exclusive economic zone" for "fishery conservation zone", and
added subpar. (B).
Subsec. (i)(2)(A). Pub. L. 99-659, Sec. 101(c)(2), substituted
"exclusive economic zone" for "fishery conservation zone".
Subsec. (i)(2)(B). Pub. L. 99-659, Sec. 103(a)(3), amended
subpar. (B) generally. Prior to amendment, subpar. (B) read as
follows: "with respect to any foreign fishing vessel while it is
engaged in fishing within the fishery conservation zone -
"(i) the time during which the vessel engages in such fishing
will be of such short duration that the placing of a United
States observer aboard the vessel would be impractical, or
"(ii) the facilities of the vessel for the quartering of a
United States observer, or for the carrying out of observer
functions, are so inadequate or unsafe that the health or safety
of an observer would be jeopardized; or"
Subsec. (j). Pub. L. 99-659, Sec. 101(c)(2), substituted
"exclusive economic zone" for "fishery conservation zone".
1984 - Subsec. (d)(4). Pub. L. 98-623, Sec. 404(1), substituted
"may allocate" for "shall allocate" in provisions preceding subpar.
(A).
Subsec. (e)(1)(A). Pub. L. 98-623, Sec. 404(2)(A), substituted
"may make allocations to foreign nations from" for "shall determine
the allocation among foreign nations of".
Subsec. (e)(1)(E)(i). Pub. L. 98-623, Sec. 404(2)(B), substituted
"both United States fish and fishery products" for "United States
fish or fishery products" and inserted ", particularly fish and
fishery products for which the foreign nation has requested an
allocation".
Subsec. (e)(1)(E)(ii). Pub. L. 98-623, Sec. 404(2)(C), amended
provisions generally, thereby substituting "in both the advancement
of existing and new opportunities for fisheries exports from the
United States through the purchase of fishery products from United
States processors, and the advancement of fisheries trade through
the purchase of fish and fishery products from United States
fishermen, particularly fish and fishery products for which the
foreign nation has requested an allocation" for "in the advancement
of existing and new opportunities for fisheries trade, particularly
through the purchase of fish or fishery products from United States
processors or from United States fishermen".
1983 - Subsec. (c)(2)(D). Pub. L. 97-453, Sec. 2(a)(1), amended
par. (D) generally, substituting "United States observers required
under subsection (i) 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" for "duly
authorized United States observers be permitted on board any such
vessel and that the United States be reimbursed for the cost of
such observers".
Subsec. (c)(4)(D). Pub. L. 97-453, Sec. 2(a)(2), added subpar.
(D).
Subsec. (d)(4). Pub. L. 97-453, Sec. 2(a)(3), substituted "may be
allocated" for "shall be allocated" after "then such portion or
part".
Subsec. (e)(1). Pub. L. 97-453, Sec. 2(a)(4), designated first
sentence of existing provisions as subpar. (A), added subpars. (B),
(C), and (D), and redesignated former subpars. (A) through (H) as
cls. (i) through (viii) of subpar. (E), respectively.
Subsec. (i)(3). Pub. L. 97-453, Sec. 2(a)(5)(A)(i), substituted
provision that observers, while stationed aboard foreign fishing
vessels, shall carry out such scientific, compliance monitoring,
and other functions as the Secretary deems necessary or appropriate
to carry out the purposes of this chapter and shall cooperate in
carrying out such other scientific programs relating to the
conservation and management of living resources as the Secretary
deems appropriate, for provision that United States observers,
while aboard foreign fishing vessels, were to carry out such
scientific and other functions as the Secretary deemed necessary or
appropriate to carry out the purposes of this chapter.
Subsec. (i)(6). Pub. L. 97-453, Sec. 2(a)(5)(A)(ii), added par.
(6).
Subsec. (j). Pub. L. 97-453, Sec. 2(a)(6), added subsec. (j).
1980 - Subsec. (d). Pub. L. 96-561, Sec. 230, designated existing
provision as par. (2), substituted provision prescribing the total
allowable level of foreign fishing with respect to any United
States fishery for each harvesting season after the 1980 harvesting
season as the level representing that portion of the optimum yield
of such fishery that will not be harvested by vessels of the United
States as determined in accordance with provisions of this chapter,
other than those relating to the determination of annual fishing
levels, or the annual fishing levels determined pursuant to par.
(3) of this section for the harvesting season for provision
prescribing the total allowable level of foreign fishing with
respect to any fishery subject to the exclusive fishery management
authority of the United States as 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 provisions of this
chapter, and added pars. (1), (3), and (4).
Subsec. (e). Pub. L. 96-561, Sec. 231(a), substituted "All such
determinations shall be made by the Secretary of State and the
Secretary on the basis of" for "In making any such determination,
the Secretary of State and the Secretary shall consider", added
subpars. (A), (B), (D), and (E), redesignated former subpars. (A),
(B), and (D) as (F), (G), and (H), respectively, and in subpar. (C)
substituted determination where such nations and the fishing fleets
of such nations have cooperated with the United States in
enforcement of United States fishing regulations for determination
where such nations have cooperated with the United States in
enforcement and with respect to conservation and management of
fishery resources.
Subsec. (i). Pub. L. 96-561, Sec. 236, added subsec. (i).
1979 - Subsec. (e). Pub. L. 96-61 designated existing provisions
as par. (1), redesignated pars. (1) through (4) as subpars. (A) to
(D), and added par. (2).
Subsec. (e)(2)(D)(i). Pub. L. 96-118 substituted "unharvested"
for "harvested".
1978 - Subsec. (a)(2). Pub. L. 95-354, Sec. 4(1), substituted
"(g)" for "(f)".
Subsec. (c)(3). Pub. L. 95-354, Sec. 4(2), substituted "harvest
an amount of fish which exceeds" for "exceed".
Subsecs. (f) to (h). Pub. L. 95-354, Sec. 4(3), (4), added
subsec. (f), redesignated former subsecs. (f) and (g) as (g) and
(h), and in subsec. (h)(1), as so redesignated, set out existing
provisions as cls. (A) and (C) and added cl. (B).

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 OF 1983 AMENDMENT
Section 2(b) of Pub. L. 97-453 provided that: "The amendments
made by subsection (a)(1) and (5)(A)(ii) [amending this section]
shall take effect January 1, 1984."

EFFECTIVE DATE OF 1980 AMENDMENT
Sections 231(b), 238(b) of Pub. L. 96-561, 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
amendments made by subsection (a) [amending this section] shall
apply with respect to the 1981 harvesting season and harvesting
seasons thereafter (as defined in section 201(d)(1) of the
Magnuson-Stevens Fishery Conservation and Management Act, as
amended by section 301) [subsec. (d)(1) of this section]."
Sections 237, 238(b) of Pub. L. 96-561, 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
amendment made by section 236 [amending this section] shall take
effect October 1, 1981, and shall apply with respect to permits
issued under section 204 of the Magnuson-Stevens Fishery
Conservation and Management Act [section 1824 of this title] after
December 31, 1981."


-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-
FOREIGN FISHING FOR ATLANTIC HERRING AND MACKEREL
Pub. L. 104-43, title VIII, Sec. 802, Nov. 3, 1995, 109 Stat.
396, 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: "Notwithstanding any other provision of law -
"(1) no allocation may be made to any foreign nation or vessel
under section 201 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) [16 U.S.C. 1821] in
any fishery for which there is not a fishery management plan
implemented in accordance with that Act [16 U.S.C. 1801 et seq.];
and
"(2) the Secretary of Commerce may not approve the portion of
any permit application submitted under section 204(b) of the Act
[16 U.S.C. 1824(b)] which proposes fishing by a foreign vessel
for Atlantic mackerel or Atlantic herring unless -
"(A) the appropriate regional fishery management council
recommends under section 204(b)(5) of that Act that the
Secretary approve such fishing, and
"(B) the Secretary of Commerce includes in the permit any
conditions or restrictions recommended by the appropriate
regional fishery management council with respect to such
fishing."

USE OF VESSEL IDENTIFICATION EQUIPMENT
Pub. L. 100-629, Sec. 6, Nov. 7, 1988, 102 Stat. 3287, 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:
"(a) The Secretary of State, the Secretary of Commerce, and the
Secretary of the department in which the Coast Guard is operating,
as appropriate, shall exercise their authority under section
201(c)(2)(C) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1821) to require the use of transponders
or other such appropriate position-fixing and identification
equipment on any vessel other than a vessel of the United States
engaged in fishing in the United States Exclusive Economic Zone.
"(b) The Secretary of Commerce, after consultation with the
Secretary of Defense, the Secretary of State, and the Secretary of
the department in which the Coast Guard is operating shall report
to the Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science and
Transportation of the Senate within 180 days after the date of
enactment of this Act [Nov. 7, 1988] on the results of their
compliance with subsection (a)."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1822, 1824, 1825, 1856,
1857, 1861 of this title.

-End-



-CITE-
16 USC Sec. 1822 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY
AGREEMENTS

-HEAD-
Sec. 1822. International fishery agreements

-STATUTE-
(a) Negotiations
The Secretary of State -
(1) shall renegotiate treaties as provided for in subsection
(b) of this section;
(2) shall negotiate governing international fishery agreements
described in section 1821(c) of this title;
(3) may negotiate boundary agreements as provided for in
subsection (d) of this section;
(4) shall, upon the request of and in cooperation with the
Secretary, initiate and conduct negotiations for the purpose of
entering into international fishery agreements -
(A) which allow fishing vessels of the United States
equitable access to fish over which foreign nations assert
exclusive fishery management authority, and
(B) which provide for the conservation and management of
anadromous species and highly migratory species; and

(5) may enter into such other negotiations, not prohibited by
subsection (c) of this section, as may be necessary and
appropriate to further the purposes, policy, and provisions of
this chapter.
(b) Treaty renegotiation
The Secretary of State, in cooperation with the Secretary, shall
initiate, promptly after April 13, 1976, the renegotiation of any
treaty which pertains to fishing within the exclusive economic zone
(or within the area that will constitute such zone after February
28, 1977), or for anadromous species or Continental Shelf fishery
resources beyond such zone or area, and which is in any manner
inconsistent with the purposes, policy, or provisions of this
chapter, in order to conform such treaty to such purposes, policy,
and provisions. It is the sense of Congress that the United States
shall withdraw from any such treaty, in accordance with its
provisions, if such treaty is not so renegotiated within a
reasonable period of time after April 13, 1976.
(c) International fishery agreements
No international fishery agreement (other than a treaty) which
pertains to foreign fishing within the exclusive economic zone (or
within the area that will constitute such zone after February 28,
1977), or for anadromous species or Continental Shelf fishery
resources beyond such zone or area -
(1) which is in effect on June 1, 1976, may thereafter be
renewed, extended, or amended; or
(2) may be entered into after May 31, 1976;

by the United States unless it is in accordance with the provisions
of section 1821(c) of this title or section 1824(e) of this title.
(d) Boundary negotiations
The Secretary of State, in cooperation with the Secretary, may
initiate and conduct negotiations with any adjacent or opposite
foreign nation to establish the boundaries of the exclusive
economic zone of the United States in relation to any such nation.
(e) Highly migratory species agreements
(1) Evaluation
The Secretary of State, in cooperation with the Secretary,
shall evaluate the effectiveness of each existing international
fishery agreement which pertains to fishing for highly migratory
species. Such evaluation shall consider whether the agreement
provides for -
(A) the collection and analysis of necessary information for
effectively managing the fishery, including but not limited to
information about the number of vessels involved, the type and
quantity of fishing gear used, the species of fish involved and
their location, the catch and bycatch levels in the fishery,
and the present and probable future condition of any stock of
fish involved;
(B) the establishment of measures applicable to the fishery
which are necessary and appropriate for the conservation and
management of the fishery resource involved;
(C) equitable arrangements which provide fishing vessels of
the United States with (i) access to the highly migratory
species that are the subject of the agreement and (ii) a
portion of the allowable catch that reflects the traditional
participation by such vessels in the fishery;
(D) effective enforcement of conservation and management
measures and access arrangements throughout the area of
jurisdiction; and
(E) sufficient and dependable funding to implement the
provisions of the agreement, based on reasonable assessments of
the benefits derived by participating nations.
(2) Access negotiations
The Secretary of State, in cooperation with the Secretary,
shall initiate negotiations with respect to obtaining access for
vessels of the United States fishing for tuna species within the
exclusive economic zones of other nations on reasonable terms and
conditions.
(3) Reports
The Secretary of State shall report to the Congress -
(A) within 12 months after November 28, 1990, on the results
of the evaluation required under paragraph (1), together with
recommendations for addressing any inadequacies identified; and
(B) within six months after November 28, 1990, on the results
of the access negotiations required under paragraph (2).
(4) Negotiation
The Secretary of State, in consultation with the Secretary,
shall undertake such negotiations with respect to international
fishery agreements on highly migratory species as are necessary
to correct inadequacies identified as a result of the evaluation
conducted under paragraph (1).
(5) South Pacific tuna treaty
It is the sense of the Congress that the United States
Government shall, at the earliest opportunity, begin negotiations
for the purpose of extending the Treaty on Fisheries Between the
Governments of Certain Pacific Island States and the Government
of the United States of America, signed at Port Moresby, Papua
New Guinea, April 2, 1987, and it (!1) Annexes, Schedules, and
implementing agreements for an additional term of 10 years on
terms and conditions at least as favorable to vessels of the
United States and the United States Government.

(f) Nonrecognition
It is the sense of the Congress that the United States Government
shall not recognize the claim of any foreign nation to an exclusive
economic zone (or the equivalent) beyond such nation's territorial
sea, to the extent that such sea is recognized by the United
States, if such nation -
(1) fails to consider and take into account traditional fishing
activity of fishing vessels of the United States;
(2) fails to recognize and accept that highly migratory species
are to be managed by applicable international fishery agreements,
whether or not such nation is a party to any such agreement; or
(3) imposes on fishing vessels of the United States any
conditions or restrictions which are unrelated to fishery
conservation and management.
(g) Fishery agreement with Russia
(1) The Secretary of State, in consultation with the Secretary,
is authorized to negotiate and conclude a fishery agreement with
Russia of a duration of no more than 3 years, pursuant to which -
(A) Russia will give United States fishing vessels the
opportunity to conduct traditional fisheries within waters
claimed by the United States prior to the conclusion of the
Agreement between the United States of America and the Union of
Soviet Socialist Republics on the Maritime Boundary, signed June
1, 1990, west of the maritime boundary, including the western
special area described in Article 3(2) of the Agreement;
(B) the United States will give fishing vessels of Russia the
opportunity to conduct traditional fisheries within waters
claimed by the Union of Soviet Socialist Republics prior to the
conclusion of the Agreement referred to in subparagraph (A), east
of the maritime boundary, including the eastern special areas
described in Article 3(1) of the Agreement;
(C) catch data shall be made available to the government of the
country exercising fisheries jurisdiction over the waters in
which the catch occurred; and
(D) each country shall have the right to place observers on
board vessels of the other country and to board and inspect such
vessels.

(2) Vessels operating under a fishery agreement negotiated and
concluded pursuant to paragraph (1) shall be subject to regulations
and permit requirements of the country in whose waters the
fisheries are conducted only to the extent such regulations and
permit requirements are specified in that agreement.
(3) The Secretary of Commerce may promulgate such regulations, in
accordance with section 553 of title 5, as may be necessary to
carry out the provisions of any fishery agreement negotiated and
concluded pursuant to paragraph (1).
(h) Bycatch reduction agreements
(1) The Secretary of State, in cooperation with the Secretary,
shall seek to secure an international agreement to establish
standards and measures for bycatch reduction that are comparable to
the standards and measures applicable to United States fishermen
for such purposes in any fishery regulated pursuant to this chapter
for which the Secretary, in consultation with the Secretary of
State, determines that such an international agreement is necessary
and appropriate.
(2) An international agreement negotiated under this subsection
shall be -
(A) consistent with the policies and purposes of this chapter;
and
(B) subject to approval by Congress under section 1823 of this
title.

(3) Not later than January 1, 1997, and annually thereafter, the
Secretary, in consultation with the Secretary of State, shall
submit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Resources of the House of
Representatives a report describing actions taken under this
subsection.

-SOURCE-
(Pub. L. 94-265, title II, Sec. 202, Apr. 13, 1976, 90 Stat. 339;
Pub. L. 99-659, title I, Sec. 101(c)(2), Nov. 14, 1986, 100 Stat.
3707; Pub. L. 101-627, title I, Secs. 105(a), 120(a), Nov. 28,
1990, 104 Stat. 4439, 4459; Pub. L. 102-251, title III, Sec.
301(e), Mar. 9, 1992, 106 Stat. 63; Pub. L. 104-297, title I, Sec.
105(b), Oct. 11, 1996, 110 Stat. 3564.)


-STATAMEND-
AMENDMENT OF SECTION
Pub. L. 102-251, title III, Secs. 301(e)(1), (2), 308, Mar. 9,
1992, 106 Stat. 63, 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, this section is
amended:

(1) in subsection (b), (A) by inserting "or special areas"
immediately after "February 28, 1977)" and (B) by striking "such
zone or area" and inserting in lieu thereof "such zone or areas";
and
(2) in subsection (c), (A) by inserting "or special areas"
immediately after "February 28, 1977)" and (B) by striking "such
zone or area" and inserting in lieu thereof "such zone or areas".


-MISC1-
AMENDMENTS
1996 - Subsec. (c). Pub. L. 104-297, Sec. 105(b)(1), inserted
before period at end "or section 1824(e) of this title".
Subsec. (h). Pub. L. 104-297, Sec. 105(b)(2), added subsec. (h).
1992 - Subsec. (g). Pub. L. 102-251, Sec. 301(e)(3), added
subsec. (g).
1990 - Subsec. (e). Pub. L. 101-627, Sec. 105(a), added subsec.
(e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 101-627, Sec. 120(a), substituted "an
exclusive economic" for "a exclusive economic".
Pub. L. 101-627, Sec. 105(a), redesignated former subsec. (e) as
(f).
1986 - Subsecs. (b) to (e). Pub. L. 99-659 substituted "exclusive
economic zone" for "fishery conservation zone" wherever appearing.

EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by section 301(e)(3) of Pub. L. 102-251 effective Mar.
9, 1992, and amendment by section 301(e)(1), (2), of 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.

SHARK FINNING PROHIBITION
Pub. L. 106-557, Dec. 21, 2000, 114 Stat. 2772, provided that:

"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Shark Finning Prohibition Act'.

"SEC. 2. PURPOSE.
"The purpose of this Act is to eliminate shark-finning by
addressing the problem comprehensively at both the national and
international levels.

"SEC. 3. PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK
CARCASS AT SEA
"[Amended section 1857 of this title.]

"SEC. 4. REGULATIONS.
"No later than 180 days after the date of the enactment of this
Act [Dec. 21, 2000], the Secretary of Commerce shall promulgate
regulations implementing the provisions of section 3076(1)(P)
[307(1)(P)] of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857(1)(P)), as added by section 3 of
this Act.

"SEC. 5. INTERNATIONAL NEGOTIATIONS.
"The Secretary of Commerce, acting through the Secretary of
State, shall -
"(1) initiate discussions as soon as possible for the purpose
of developing bilateral or multilateral agreements with other
nations for the prohibition on shark-finning;
"(2) initiate discussions as soon as possible with all foreign
governments which are engaged in, or which have persons or
companies engaged in shark-finning, for the purposes of -
"(A) collecting information on the nature and extent of (continued)