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(continued)
of any nation;
(5) all catch landed or transshipped at sea by large-scale
driftnet fishing vessels of a foreign nation that is a party to
the agreement, and which are operated beyond the exclusive
economic zone of any nation, is reliably monitored and
documented;
(6) time and area restrictions are imposed on the use of
large-scale driftnets in order to prevent interception of
anadromous species;
(7) all large-scale driftnets used are constructed, insofar as
feasible, with biodegradable materials which break into segments
that do not represent a threat to living marine resources;
(8) all large-scale driftnets are marked at appropriate
intervals in a manner that conclusively identifies the vessel and
flag nation responsible for each such driftnet;
(9) the taking of nontarget fish species, marine mammals, sea
turtles, seabirds, and endangered species or other species
protected by international agreements to which the United States
is a party is minimized and does not pose a threat to existing
fisheries or the long-term health of living marine resources; and
(10) definitive steps are agreed upon to ensure that parties to
the agreement comply with the spirit of other international
agreements and resolutions concerning the use of large-scale
driftnets beyond the exclusive economic zone of any nation.
(e) Report
Not later than January 1, 1991, and every year thereafter until
the purposes of this section are met, the Secretary, after
consultation with the Secretary of State and the Secretary of the
department in which the Coast Guard is operating, shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Merchant Marine and Fisheries of the
House of Representatives a report -
(1) describing the steps taken to carry out the provisions of
this section, particularly subsection (c) of this section;
(2) evaluating the progress of those efforts, the impacts on
living marine resources, including available observer data, and
specifying plans for further action;
(3) containing a list and description of any new fisheries
developed by nations that conduct, or authorize their nationals
to conduct, large-scale driftnet fishing beyond the exclusive
economic zone of any nation; and
(4) containing a list of the nations that conduct, or authorize
their nationals to conduct, large-scale driftnet fishing beyond
the exclusive economic zone of any nation in a manner that
diminishes the effectiveness of or is inconsistent with any
international agreement governing large-scale driftnet fishing to
which the United States is a party or otherwise subscribes.
(f) Certification
If at any time the Secretary, in consultation with the Secretary
of State and the Secretary of the department in which the Coast
Guard is operating, identifies any nation that warrants inclusion
in the list described under subsection (e)(4) of this section, the
Secretary shall certify that fact to the President. Such
certification shall be deemed to be a certification for the
purposes of section 1978(a) of title 22.
(g) Effect on sovereign rights
This section shall not serve or be construed to expand or
diminish the sovereign rights of the United States, as stated by
Presidential Proclamation Numbered 5030, dated March 10, 1983, and
reflected in this chapter or other existing law.
(h) "Living marine resources" defined
As used in this section, the term "living marine resources"
includes fish, marine mammals, sea turtles, and seabirds and other
waterfowl.

-SOURCE-
(Pub. L. 94-265, title II, Sec. 206, as added Pub. L. 95-6, Sec.
3(1), Feb. 21, 1977, 91 Stat. 15; amended Pub. L. 99-659, title I,
Sec. 101(c)(2), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101-627,
title I, Sec. 107(a), Nov. 28, 1990, 104 Stat. 4441; Pub. L.
104-297, title I, Sec. 105(f), Oct. 11, 1996, 110 Stat. 3569.)

-REFTEXT-
REFERENCES IN TEXT
The Driftnet Impact Monitoring, Assessment, and Control Act of
1987, referred to in subsec. (a), is title IV of Pub. L. 100-220,
which is set out as a note under section 1822 of this title.
Presidential Proclamation Numbered 5030, referred to in subsec.
(g), is set out under section 1453 of this title.


-MISC1-
AMENDMENTS
1996 - Subsec. (e). Pub. L. 104-297, Sec. 105(f)(1), redesignated
pars. (5) and (6) as (3) and (4), respectively, and struck out
former pars. (3) and (4) which read as follows:
"(3) identifying and evaluating the effectiveness of unilateral
measures and multilateral measures, including sanctions, that are
available to encourage nations to agree to and comply with this
section, and recommendations for legislation to authorize any
additional measures that are needed if those are considered
ineffective;
"(4) identifying, evaluating, and making any recommendations
considered necessary to improve the effectiveness of the law,
policy, and procedures governing enforcement of the exclusive
management authority of the United States over anadromous species
against fishing vessels engaged in fishing beyond the exclusive
economic zone of any nation;".
Subsec. (f). Pub. L. 104-297, Sec. 105(f)(2), substituted
"subsection (e)(4) of this section" for "subsection (e)(6) of this
section".
1990 - Pub. L. 101-627 amended section generally, substituting
provisions relating to large-scale driftnet fishing for provisions
relating to transitional provisions.
1986 - Subsec. (b). Pub. L. 99-659 substituted "exclusive
economic zone" for "fishery conservation zone".


-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.

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Committee on Merchant Marine and Fisheries of House of
Representatives treated as referring to Committee on Resources of
House of Representatives in case of provisions relating to
fisheries, wildlife, international fishing agreements, marine
affairs (including coastal zone management) except for measures
relating to oil and other pollution of navigable waters, or
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.

-End-



-CITE-
16 USC Sec. 1826a 01/19/04

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

-HEAD-
Sec. 1826a. Denial of port privileges and sanctions for high seas
large-scale driftnet fishing

-STATUTE-
(a) Denial of port privileges
(1) Publication of list
Not later than 30 days after November 2, 1992, and periodically
thereafter, the Secretary of Commerce, in consultation with the
Secretary of State, shall publish a list of nations whose
nationals or vessels conduct large-scale driftnet fishing beyond
the exclusive economic zone of any nation.
(2) Denial of port privileges
The Secretary of the Treasury shall, in accordance with
recognized principles of international law -
(A) withhold or revoke the clearance required by section 91
of title 46, Appendix, for any large-scale driftnet fishing
vessel that is documented under the laws of the United States
or of a nation included on a list published under paragraph
(1); and
(B) deny entry of that vessel to any place in the United
States and to the navigable waters of the United States.
(3) Notification of nation
Before the publication of a list of nations under paragraph
(1), the Secretary of State shall notify each nation included on
that list regarding -
(A) the effect of that publication on port privileges of
vessels of that nation under paragraph (1); and
(B) any sanctions or requirements, under this Act or any
other law, that may be imposed on that nation if nationals or
vessels of that nation continue to conduct large-scale driftnet
fishing beyond the exclusive economic zone of any nation after
December 31, 1992.
(b) Sanctions
(1) Identifications
(A) Initial identifications
Not later than January 10, 1993, the Secretary of Commerce
shall -
(i) identify each nation whose nationals or vessels are
conducting large-scale driftnet fishing beyond the exclusive
economic zone of any nation; and
(ii) notify the President and that nation of the
identification under clause (i).
(B) Additional identifications
At any time after January 10, 1993, whenever the Secretary of
Commerce has reason to believe that the nationals or vessels of
any nation are conducting large-scale driftnet fishing beyond
the exclusive economic zone of any nation, the Secretary of
Commerce shall -
(i) identify that nation; and
(ii) notify the President and that nation of the
identification under clause (i).
(2) Consultations
Not later than 30 days after a nation is identified under
paragraph (1)(B), the President shall enter into consultations
with the government of that nation for the purpose of obtaining
an agreement that will effect the immediate termination of
large-scale driftnet fishing by the nationals or vessels of that
nation beyond the exclusive economic zone of any nation.
(3) Prohibition on imports of fish and fish products and sport
fishing equipment
(A) Prohibition
The President -
(i) upon receipt of notification of the identification of a
nation under paragraph (1)(A); or
(ii) if the consultations with the government of a nation
under paragraph (2) are not satisfactorily concluded within
ninety days, shall direct the Secretary of the Treasury to
prohibit the importation into the United States of fish and
fish products and sport fishing equipment (as that term is
defined in section 4162 of title 26) from that nation.
(B) Implementation of prohibition
With respect to an import prohibition directed under
subparagraph (A), the Secretary of the Treasury shall implement
such prohibition not later than the date that is forty-five
days after the date on which the Secretary has received the
direction from the President.
(C) Public notice of prohibition
Before the effective date of any import prohibition under
this paragraph, the Secretary of the Treasury shall provide
public notice of the impending prohibition.
(4) Additional economic sanctions
(A) Determination of effectiveness of sanctions
Not later than six months after the date the Secretary of
Commerce identifies a nation under paragraph (1), the Secretary
shall determine whether -
(i) any prohibition established under paragraph (3) is
insufficient to cause that nation to terminate large-scale
driftnet fishing conducted by its nationals and vessels
beyond the exclusive economic zone of any nation; or
(ii) that nation has retaliated against the United States
as a result of that prohibition.
(B) Certification
The Secretary of Commerce shall certify to the President each
affirmative determination under subparagraph (A) with respect
to a nation.
(C) Effect of certification
Certification by the Secretary of Commerce under subparagraph
(B) is deemed to be a certification under section 1978(a) of
title 22.

-SOURCE-
(Pub. L. 102-582, title I, Sec. 101, Nov. 2, 1992, 106 Stat. 4901.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (a)(3)(B), is Pub. L. 102-582,
Nov. 2, 1992, 106 Stat. 4900, known as the High Seas Driftnet
Fisheries Enforcement Act, which enacted sections 1826a to 1826c of
this title and section 1707a of Title 46, Appendix, Shipping,
amended sections 1362, 1371, 1852, and 1862 of this title, section
1978 of Title 22, Foreign Relations and Intercourse, and section
2110 of Title 46, repealed section 1111c of Title 46, Appendix, and
enacted provisions set out as notes under this section and sections
1801, 1823, and 1861 of this title and section 2110 of Title 46.
For complete classification of this Act to the Code, see Short
Title of 1992 Amendments note set out under section 1801 of this
title and Tables.

-COD-
CODIFICATION
Section was enacted as part of the High Seas Driftnet Fisheries
Enforcement Act, and not as part of the Magnuson-Stevens Fishery
Conservation and Management Act which comprises this chapter.


-MISC1-
HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT; CONGRESSIONAL STATEMENT
OF FINDINGS AND POLICY
Section 2 of Pub. L. 102-582, 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) Findings. - Congress makes the following findings:
"(1) Large-scale driftnet fishing on the high seas is highly
destructive to the living marine resources and ocean ecosystems
of the world's oceans, including anadromous fish and other living
marine resources of the United States.
"(2) The cumulative effects of large-scale driftnet fishing
pose a significant threat to the marine ecosystem, and
slow-reproducing species like marine mammals, sharks, and
seabirds may require many years to recover.
"(3) Members of the international community have reviewed the
best available scientific data on the impacts of large-scale
pelagic driftnet fishing, and have failed to conclude that this
practice has no significant adverse impacts which threaten the
conservation and sustainable management of living marine
resources.
"(4) The United Nations, via General Assembly Resolutions
numbered 44-225, 45-197, and most recently 46-215 (adopted on
December 20, 1991), has called for a worldwide moratorium on all
high seas driftnet fishing by December 31, 1992, in all the
world's oceans, including enclosed seas and semi-enclosed seas.
"(5) The United Nations has commended the unilateral, regional,
and international efforts undertaken by members of the
international community and international organizations to
implement and support the objectives of the General Assembly
resolutions.
"(6) Operative paragraph (4) of United Nations General Assembly
Resolution numbered 46-215 specifically 'encourages all members
of the international community to take measures individually and
collectively to prevent large-scale pelagic driftnet fishing
operations on the high seas of the world's oceans and seas'.
"(7) The United States, in section 307(1)(M) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1857(1)(M)), has specifically prohibited the practice of
large-scale driftnet fishing by United States nationals and
vessels both within the exclusive economic zone of the United
States and beyond the exclusive economic zone of any nation.
"(8) The Senate, through Senate Resolution 396 of the One
Hundredth Congress (approved on March 18, 1988), has called for a
moratorium on fishing in the Central Bering Sea and the United
States has taken concrete steps to implement such moratorium
through international negotiations.
"(9) Despite the continued evidence of a decline in the fishery
resources of the Bering Sea and the multiyear cooperative
negotiations undertaken by the United States, the Russian
Federation, Japan, and other concerned fishing nations, some
nations refuse to agree to measures to reduce or eliminate
unregulated fishing practices in the waters of the Bering Sea
beyond the exclusive economic zones of the United States and the
Russian Federation.
"(10) In order to ensure that the global moratorium on
large-scale driftnet fishing called for in United Nations General
Assembly Resolution numbered 46-215 takes effect by December 31,
1992, and that unregulated fishing practices in the waters of the
Central Bering Sea are reduced or eliminated, the United States
should take the actions described in this Act [see Short Title of
1992 Amendments note set out under section 1801 of this title]
and encourage other nations to take similar action.
"(b) Policy. - It is the stated policy of the United States to -
"(1) implement United Nations General Assembly Resolution
numbered 46-215, approved unanimously on December 20, 1991, which
calls for an immediate cessation to further expansion of
large-scale driftnet fishing, a 50 percent reduction in existing
large-scale driftnet fishing effort by June 30, 1992, and a
global moratorium on the use of large-scale driftnets beyond the
exclusive economic zone of any nation by December 31, 1992;
"(2) bring about a moratorium on fishing in the Central Bering
Sea, or an international conservation and management agreement to
which the United States and the Russian Federation are parties
that regulates fishing in the Central Bering Sea; and
"(3) secure a permanent ban on the use of destructive fishing
practices, and in particular large-scale driftnets, by persons or
vessels fishing beyond the exclusive economic zone of any
nation."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1826b, 1826c of this
title.

-End-



-CITE-
16 USC Sec. 1826b 01/19/04

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

-HEAD-
Sec. 1826b. Duration of denial of port privileges and sanctions

-STATUTE-
Any denial of port privileges or sanction under section 1826a of
this title with respect to a nation shall remain in effect until
such time as the Secretary of Commerce certifies to the President
and the Congress that such nation has terminated large-scale
driftnet fishing by its nationals and vessels beyond the exclusive
economic zone of any nation.

-SOURCE-
(Pub. L. 102-582, title I, Sec. 102, Nov. 2, 1992, 106 Stat. 4903.)

-COD-
CODIFICATION
Section was enacted as part of the High Seas Driftnet Fisheries
Enforcement Act, and not as part of the Magnuson-Stevens Fishery
Conservation and Management Act which comprises this chapter.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1826c of this title.

-End-



-CITE-
16 USC Sec. 1826c 01/19/04

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

-HEAD-
Sec. 1826c. Definitions

-STATUTE-
In sections 1826a to 1826c of this title, the following
definitions apply:
(1) Fish and fish products
The term "fish and fish products" means any aquatic species
(including marine mammals and plants) and all products thereof
exported from a nation, whether or not taken by fishing vessels
of that nation or packed, processed, or otherwise prepared for
export in that nation or within the jurisdiction thereof.
(2) Large-scale driftnet fishing
(A) In general
Except as provided in subparagraph (B), the term "large-scale
driftnet fishing" means a method of fishing in which a gillnet
composed of a panel or panels of webbing, or a series of such
gillnets, with a total length of two and one-half kilometers or
more is placed in the water and allowed to drift with the
currents and winds for the purpose of entangling fish in the
webbing.
(B) Exception
Until January 1, 1994, the term "large-scale driftnet
fishing" does not include the use in the northeast Atlantic
Ocean of gillnets with a total length not to exceed five
kilometers if the use is in accordance with regulations adopted
by the European Community pursuant to the October 28, 1991,
decision by the Council of Fisheries Ministers of the
Community.
(3) Large-scale driftnet fishing vessel
The term "large-scale driftnet fishing vessel" means any vessel
which is -
(A) used for, equipped to be used for, or of a type which is
normally used for large-scale driftnet fishing; or
(B) used for aiding or assisting one or more vessels at sea
in the performance of large-scale driftnet fishing, including
preparation, supply, storage, refrigeration, transportation, or
processing.

-SOURCE-
(Pub. L. 102-582, title I, Sec. 104, Nov. 2, 1992, 106 Stat. 4903.)

-REFTEXT-
REFERENCES IN TEXT
Sections 1826a to 1826c of this title, referred to in text, was
in the original "this title", meaning title I of Pub. L. 102-582,
Nov. 2, 1992, 106 Stat. 4901, which enacted sections 1826a to 1826c
of this title and amended section 1371 of this title. For complete
classification of title I to the Code, see Tables.

-COD-
CODIFICATION
Section was enacted as part of the High Seas Driftnet Fisheries
Enforcement Act, and not as part of the Magnuson-Stevens Fishery
Conservation and Management Act which comprises this chapter.

-End-



-CITE-
16 USC Sec. 1826d 01/19/04

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

-HEAD-
Sec. 1826d. Prohibition

-STATUTE-
The United States, or any agency or official acting on behalf of
the United States, may not enter into any international agreement
with respect to the conservation and management of living marine
resources or the use of the high seas by fishing vessels that would
prevent full implementation of the global moratorium on large-scale
driftnet fishing on the high seas, as such moratorium is expressed
in Resolution 46/215 of the United Nations General Assembly.

-SOURCE-
(Pub. L. 104-43, title VI, Sec. 603, Nov. 3, 1995, 109 Stat. 392.)

-COD-
CODIFICATION
Section was enacted as part of the High Seas Driftnet Fishing
Moratorium Protection Act, and also as part of the Fisheries Act of
1995, and not as part of the Magnuson-Stevens Fishery Conservation
and Management Act which comprises this chapter.


-MISC1-
CONGRESSIONAL FINDINGS
Section 602 of Pub. L. 104-43 provided that: "The Congress finds
that -
"(1) Congress has enacted and the President has signed into law
numerous Acts to control or prohibit large-scale driftnet fishing
both within the jurisdiction of the United States and beyond the
exclusive economic zone of any nation, including the Driftnet
Impact Monitoring, Assessment, and Control Act of 1987 (title IV,
Public Law 100-220) [16 U.S.C. 1822 note], the Driftnet Act
Amendments of 1990 (Public Law 101-627) [16 U.S.C. 1826], and the
High Seas Driftnet Fisheries Enforcement Act (title I, Public Law
102-582) [see Short Title of 1992 Amendment note set out under
section 1801 of this title];
"(2) the United States is a party to the Convention for the
Prohibition of Fishing with Long Driftnets in the South Pacific,
also known as the Wellington Convention;
"(3) the General Assembly of the United Nations has adopted
three resolutions and three decisions which established and
reaffirm a global moratorium on large-scale driftnet fishing on
the high seas, beginning with Resolution 44/225 in 1989 and most
recently in Decision 48/445 in 1993;
"(4) the General Assembly of the United Nations adopted these
resolutions and decisions at the request of the United States and
other concerned nations;
"(5) the best scientific information demonstrates the
wastefulness and potentially destructive impacts of large-scale
driftnet fishing on living marine resources and seabirds; and
"(6) Resolution 46/215 of the United Nations General Assembly
calls on all nations, both individually and collectively, to
prevent large-scale driftnet fishing on the high seas."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1826f of this title.

-End-



-CITE-
16 USC Sec. 1826e 01/19/04

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

-HEAD-
Sec. 1826e. Negotiations

-STATUTE-
The Secretary of State, on behalf of the United States, shall
seek to enhance the implementation and effectiveness of the United
Nations General Assembly resolutions and decisions regarding the
moratorium on large-scale driftnet fishing on the high seas through
appropriate international agreements and organizations.

-SOURCE-
(Pub. L. 104-43, title VI, Sec. 604, Nov. 3, 1995, 109 Stat. 392.)

-COD-
CODIFICATION
Section was enacted as part of the High Seas Driftnet Fishing
Moratorium Protection Act, and also as part of the Fisheries Act of
1995, and not as part of the Magnuson-Stevens Fishery Conservation
and Management Act which comprises this chapter.

-End-



-CITE-
16 USC Sec. 1826f 01/19/04

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

-HEAD-
Sec. 1826f. Certification

-STATUTE-
The Secretary of State shall determine in writing prior to the
signing or provisional application by the United States of any
international agreement with respect to the conservation and
management of living marine resources or the use of the high seas
by fishing vessels that the prohibition contained in section 1826d
of this title will not be violated if such agreement is signed or
provisionally applied.

-SOURCE-
(Pub. L. 104-43, title VI, Sec. 605, Nov. 3, 1995, 109 Stat. 392.)

-COD-
CODIFICATION
Section was enacted as part of the High Seas Driftnet Fishing
Moratorium Protection Act, and also as part of the Fisheries Act of
1995, and not as part of the Magnuson-Stevens Fishery Conservation
and Management Act which comprises this chapter.

-End-



-CITE-
16 USC Sec. 1826g 01/19/04

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

-HEAD-
Sec. 1826g. Enforcement

-STATUTE-
The President shall utilize appropriate assets of the Department
of Defense, the United States Coast Guard, and other Federal
agencies to detect, monitor, and prevent violations of the United
Nations moratorium on large-scale driftnet fishing on the high seas
for all fisheries under the jurisdiction of the United States and,
in the case of fisheries not under the jurisdiction of the United
States, to the fullest extent permitted under international law.

-SOURCE-
(Pub. L. 104-43, title VI, Sec. 606, Nov. 3, 1995, 109 Stat. 392.)

-COD-
CODIFICATION
Section was enacted as part of the High Seas Driftnet Fishing
Moratorium Protection Act, and also as part of the Fisheries Act of
1995, and not as part of the Magnuson-Stevens Fishery Conservation
and Management Act which comprises this chapter.


-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.

-End-



-CITE-
16 USC Sec. 1827 01/19/04

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

-HEAD-
Sec. 1827. Observer program regarding certain foreign fishing

-STATUTE-
(a) Definitions
As used in this section -
(1) The term "Act of 1976" means the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
(2) The term "billfish" means any species of marlin, spearfish,
sailfish or swordfish.
(3) The term "Secretary" means the Secretary of Commerce.
(b) Observer program
The Secretary shall establish a program under which a United
States observer will be stationed aboard each foreign fishing
vessel while that vessel -
(1) is in waters that are within -
(A) the fishery conservation zone established under section
101 of the Act of 1976 [16 U.S.C. 1811],(!1) and

(B) the Convention area as defined in Article I of the
International Convention for the Conservation of Atlantic
Tunas; and

(2) is taking or attempting to take any species of fish if such
taking or attempting to take may result in the incidental taking
of billfish.

The Secretary may acquire observers for such program through
contract with qualified private persons.
(c) Functions of observers
United States observers, while aboard foreign fishing vessels as
required under subsection (b) of this section, shall carry out such
scientific and other functions as the Secretary deems necessary or
appropriate to carry out this section.
(d) Fees
There is imposed for each year after 1980 on the owner or
operator of each foreign fishing vessel that, in the judgment of
the Secretary, will engage in fishing in waters described in
subsection (b)(1) of this section during that year which may result
in the incidental taking of billfish a fee in an amount sufficient
to cover all of the costs of providing an observer aboard that
vessel under the program established under subsection (a) of this
section. The fees imposed under this subsection for any year shall
be paid to the Secretary before that year begins. All fees
collected by the Secretary under this subsection shall be deposited
in the Fund established by subsection (e) of this section.
(e) Fund
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
section. The Fund shall consist of the fees deposited into it as
required under subsection (d) of this section. All payments made by
the Secretary to carry out this section 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 section shall be kept on deposit or
invested in obligations of, or guaranteed by, the United States.
(f) Prohibited acts
(1) It is unlawful for any person who is the owner or operator of
a foreign fishing vessel to which this section applies -
(A) to violate any regulation issued under subsection (g) of
this section;
(B) to refuse to pay the fee imposed under subsection (d) of
this section after being requested to do so by the Secretary; or
(C) to refuse to permit an individual who is authorized to act
as an observer under this section with respect to that vessel to
board the vessel for purposes of carrying out observer functions.

(2) Section 308 of the Act of 1976 [16 U.S.C. 1858] (relating to
civil penalties) applies to any act that is unlawful under
paragraph (1), and for purposes of such application the commission
of any such act shall be treated as an act the commission of which
is unlawful under section 307 of the Act of 1976 [16 U.S.C. 1857].
(g) Regulations
The Secretary shall issue such regulations as are necessary or
appropriate to carry out this section.

-SOURCE-
(Pub. L. 96-339, Sec. 2, Sept. 4, 1980, 94 Stat. 1069; Pub. L.
96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub.
L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)],
Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-REFTEXT-
REFERENCES IN TEXT
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in subsec. (a)(1), is Pub. L. 94-265, Apr. 13, 1976, 90
Stat. 331, as amended, 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.
Section 101 of the Act of 1976 [16 U.S.C. 1811], referred to in
subsec. (b)(1)(A), which established the fishery conservation zone,
was amended generally by Pub. L. 99-659, title I, Sec. 101(b), Nov.
14, 1986, 100 Stat. 3706, and now relates to United States
sovereign rights to fish and fishery management authority within
the exclusive economic zone.

-COD-
CODIFICATION
Section was not enacted as part of the Magnuson-Stevens Fishery
Conservation and Management Act which comprises this chapter.


-MISC1-
AMENDMENTS
1996 - Subsec. (a)(1). Pub. L. 104-208 substituted
"Magnuson-Stevens Fishery" for "Magnuson Fishery".
1980 - Subsec. (a)(1). Pub. L. 96-561 substituted "Magnuson
Fishery Conservation and Management Act" for "Fishery Conservation
and Management Act of 1976".

EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.
104-208 provided that the amendment made by that section is
effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1980 AMENDMENT
Section 238(b) of Pub. L. 96-561 provided that the amendment made
by that section is effective 15 days after Dec. 22, 1980.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 971h, 971i of this title.

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


-End-


-CITE-
16 USC SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT
PROGRAM 01/19/04

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

-HEAD-
SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1802, 1821, 3343 of
this title.

-End-



-CITE-
16 USC Sec. 1851 01/19/04

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

-HEAD-
Sec. 1851. National standards for fishery conservation and
management

-STATUTE-
(a) In general
Any fishery management plan prepared, and any regulation
promulgated to implement any such plan, pursuant to this subchapter
shall be consistent with the following national standards for
fishery conservation and management:
(1) Conservation and management measures shall prevent
overfishing while achieving, on a continuing basis, the optimum
yield from each fishery for the United States fishing industry.
(2) Conservation and management measures shall be based upon
the best scientific information available.
(3) To the extent practicable, an individual stock of fish
shall be managed as a unit throughout its range, and interrelated
stocks of fish shall be managed as a unit or in close
coordination.
(4) Conservation and management measures shall not discriminate
between residents of different States. If it becomes necessary to
allocate or assign fishing privileges among various United States
fishermen, such allocation shall be (A) fair and equitable to all
such fishermen; (B) reasonably calculated to promote
conservation; and (C) carried out in such manner that no
particular individual, corporation, or other entity acquires an
excessive share of such privileges.
(5) Conservation and management measures shall, where
practicable, consider efficiency in the utilization of fishery
resources; except that no such measure shall have economic
allocation as its sole purpose.
(6) Conservation and management measures shall take into
account and allow for variations among, and contingencies in,
fisheries, fishery resources, and catches.
(7) Conservation and management measures shall, where
practicable, minimize costs and avoid unnecessary duplication.
(8) Conservation and management measures shall, consistent with
the conservation requirements of this chapter (including the
prevention of overfishing and rebuilding of overfished stocks),
take into account the importance of fishery resources to fishing
communities in order to (A) provide for the sustained
participation of such communities, and (B) to the extent
practicable, minimize adverse economic impacts on such
communities.
(9) Conservation and management measures shall, to the extent
practicable, (A) minimize bycatch and (B) to the extent bycatch
cannot be avoided, minimize the mortality of such bycatch.
(10) Conservation and management measures shall, to the extent
practicable, promote the safety of human life at sea.
(b) Guidelines
The Secretary shall establish advisory guidelines (which shall
not have the force and effect of law), based on the national
standards, to assist in the development of fishery management
plans.

-SOURCE-
(Pub. L. 94-265, title III, Sec. 301, Apr. 13, 1976, 90 Stat. 346;
Pub. L. 97-453, Sec. 4, Jan. 12, 1983, 96 Stat. 2484; Pub. L.
98-623, title IV, Sec. 404(3), Nov. 8, 1984, 98 Stat. 3408; Pub. L.
104-297, title I, Sec. 106, Oct. 11, 1996, 110 Stat. 3570.)

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(8), 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)(5). Pub. L. 104-297, Sec. 106(a), substituted
"consider efficiency" for "promote efficiency".
Subsec. (a)(8) to (10). Pub. L. 104-297, Sec. 106(b), added pars.
(8) to (10).
1984 - Subsec. (a)(1). Pub. L. 98-623 inserted "for the United
States fishing industry".
1983 - Subsec. (b). Pub. L. 97-453 substituted "advisory
guidelines (which shall not have the force and effect of law)" for
"guidelines".

SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105-146, Sec. 1, Dec. 16, 1997, 111 Stat. 2672, provided
that: "This Act [repealing section 757g of this title, amending
provisions set out as notes under this section and listed in a
table of National Wildlife Conservation Areas set out under section
668dd of this title, and repealing provisions set out as notes
under this section] may be cited as the 'Atlantic Striped Bass
Conservation Act Amendments of 1997'."

IMPLEMENTATION OF STELLER SEA LION PROTECTIVE MEASURES
Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 209], Dec. 21, 2000,
114 Stat. 2763, 2763A-176, provided that:
"(a) Findings. - The Congress finds that -
"(1) the western population of Steller sea lions has
substantially declined over the last 25 years.
"(2) scientists should closely research and analyze all
possible factors relating to such decline, including the possible
interactions between commercial fishing and Steller sea lions and
the localized depletion hypothesis;
"(3) the authority to manage commercial fisheries in Federal
waters lies with the regional councils and the Secretary of
Commerce (hereafter in this section 'Secretary') pursuant to the
Magnuson-Stevens Fishery Conservation and Management Act [16
U.S.C. 1801 et seq.] (hereafter in this section 'Magnuson-Stevens
Act'); and
"(4) the Secretary of Commerce shall comply with the
Magnuson-Stevens Act when using fishery management plans and
regulations to implement the decisions made pursuant to findings
under the Endangered Species Act [of 1973, 16 U.S.C. 1531 et
seq.], and shall utilize the processes and procedures of the
regional fishery management councils as required by the
Magnuson-Stevens Act.
"(b) Independent Scientific Review. - The North Pacific Fishery
Management Council (hereafter in this section 'North Pacific
Council[']) shall utilize the expertise of the National Academy of
Sciences to conduct an independent scientific review of the
November 30, 2000 Biological Opinion for the Bering Sea/Aleutian
Islands and Gulf of Alaska groundfish fisheries (hereafter in this
section 'Biological Opinion'), its underlying hypothesis, and the
Reasonable and Prudent Alternatives (hereafter in this section
'Alternatives') contained therein. The Secretary shall cooperate
with the independent scientific review, and the National Academy of
Sciences is requested to give its highest priority to this review.
"(c) Preparation of Fishery Management Plans and Regulations To
Implement Protective Measures in the November 30, 2000 Biological
Opinion. -
"(1) The Secretary of Commerce shall submit to the North
Pacific Council proposed conservation and management measures to
implement the Alternatives contained in the November 30, 2000
Biological Opinion for the Bering Sea/Aleutian Islands and Gulf
of Alaska groundfish fisheries. The North Pacific Council shall
prepare and transmit to the Secretary a fishery management plan
amendment or amendments to implement such Alternatives that are
consistent with the Magnuson-Stevens Act (including requirements
in such Act relating to best available science, bycatch
reduction, impacting on fishing communities, the safety of life
at sea, and public comment and hearings.)
"(2) The Bering Sea/Aleutian Islands and Gulf of Alaska
groundfish fisheries shall be managed in a manner consistent with
the Alternatives contained in the Biological Opinion, except as
otherwise provided in this section. The Alternatives shall become
fully effective no later than January 1, 2002, as revised if
necessary and appropriate based on the independent scientific
review referred to in subsection (b) and other new information,
and shall be phased in in 2001 as described in paragraph (3).
"(3) The 2001 Bering Sea/Aleutian Islands and Gulf of Alaska
groundfish fisheries shall be managed in accordance with the
fishery management plan and Federal regulations in effect for
such fisheries prior to July 15, 2000, including -
"(A) conservative total allowable catch levels;
"(B) no entry zones within three miles of rookeries;
"(C) restricted harvest levels near rookeries and haul-outs;
"(D) federally-trained observers;
"(E) spatial and temporal harvest restrictions;
"(F) federally-mandated bycatch reduction programs; and
"(G) additional conservation benefits provided through
cooperative fishing arrangements,
and said regulations are hereby restored to full force and
effect.
"(4) The Secretary shall amend these regulations by January 20,
2001, after consultation with the North Pacific Council and in a
manner consistent with all law, including the Magnuson-Stevens
Act, and consistent with the Alternatives to the maximum extent
practicable, subject to the other provisions of this subsection.
"(5) The harvest reduction requirement ('Global Control Rule')
shall take effect immediately in any 2001 groundfish fishery in
which it applies, but shall not cause a reduction in the total
allowable catch of any fishery of more than 10 percent.
"(6) In enforcing regulations for the 2001 fisheries, the
Secretary, upon recommendation of the North Pacific Council, may
open critical habitat where needed, adjust seasonal catch levels,
and take other measures as needed to ensure that harvest levels
are sufficient to provide income from these fisheries for small
boats and Alaskan on-shore processors that is no less than in
1999.
"(7) The regulations that are promulgated pursuant to paragraph
(4) shall not be modified in any way other than upon
recommendation of the North Pacific Council, before March 15,
2001.
"(d) Sea Lion Protection Measures. - $20,000,000 is hereby
appropriated to the Secretary of Commerce to remain available until
expended to develop and implement a coordinated, comprehensive
research and recovery program for the Steller sea lion, which shall
be designed to study -
"(1) available prey species;
"(2) predator/prey relationships;
"(3) predation by other marine mammals;
"(4) interactions between fisheries and Steller sea lions,
including the localized depletion theory;
"(5) regime shift, climate change, and other impacts associated
with changing environmental conditions in theNorth Pacific and (continued)