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(continued)
in writing and accompanied by a statement of the reasons upon which
the recommendation is based."
Subsec. (d). Pub. L. 104-297, Sec. 107(c), substituted "each
Council who are required to be appointed by the Secretary and" for
"each Council," and "shall receive compensation at the daily rate
for GS-15, step 7" for "shall, until January 1, 1992, receive
compensation at the daily rate for GS-18 of the General Schedule,
and after December 31, 1991, at the daily rate for GS-16".
Subsec. (e)(5). Pub. L. 104-297, Sec. 107(d), added par. (5).
Subsec. (g)(4), (5). Pub. L. 104-297, Sec. 107(e), added par. (4)
and redesignated former par. (4) as (5).
Subsec. (h)(1). Pub. L. 104-297, Sec. 107(f)(1), added par. (1)
and struck out former par. (1) which read as follows: "prepare and
submit to the Secretary a fishery management plan with respect to
each fishery (except as provided in section 1854(f)(3) of this
title) within its geographical area of authority that requires
conservation and management and, from time to time, such amendments
to each such plan as are necessary;".
Subsec. (h)(2). Pub. L. 104-297, Sec. 107(f)(2), substituted
"section 1824(b)(4)(C) of this title or section 1824(d) of this
title" for "section 1824(b)(4)(C) of this title" and "section
1854(c)(4)" for "section 1854(c)(2)".
Subsec. (h)(5). Pub. L. 104-297, Sec. 107(f)(3), substituted
"subsection (a)(3) of this section" for "1854(f)(3) of this title".
Subsec. (i). Pub. L. 104-297, Sec. 107(g), redesignated subsec.
(j) as (i) and struck out heading and text of former subsec. (i).
Text read as follows:
"(1) Each Council -
"(A) may comment on and make recommendations concerning any
activity undertaken, or proposed to be undertaken, by any State
or Federal agency that, in the view of the Council, may affect
the habitat of a fishery resource under its jurisdiction; and
"(B) shall comment on and make recommendations concerning any
such activity that, in the view of the Council, is likely to
substantially affect the habitat of an anadromous fishery
resource under its jurisdiction.
"(2) Within 45 days after receiving a comment or recommendation
under paragraph (1) from a Council, a Federal agency shall provide
a detailed response, in writing, to the Council regarding the
matter. In the case of a comment or recommendation under paragraph
(1)(B), the response shall include a description of measures being
considered by the agency for mitigating or offsetting the impact of
the activity on such habitat."
Subsec. (i)(1). Pub. L. 104-297, Sec. 107(h)(1), substituted
"established under subsection (g) of this section" for "of the
Councils".
Subsec. (i)(2). Pub. L. 104-297, Sec. 107(h)(2), substituted
"established under subsection (g) of this section" for "of a
Council" in introductory provisions.
Subsec. (i)(2)(C). Pub. L. 104-297, Sec. 107(h)(3), (4), struck
out "Council's" after "fishing ports of the" and inserted at end
"The published agenda of the meeting may not be modified to include
additional matters for Council action without public notice or
within 14 days prior to the meeting date, unless such modification
is to address an emergency action under section 1855(c) of this
title, in which case public notice shall be given immediately."
Subsec. (i)(2)(D). Pub. L. 104-297, Sec. 107(h)(5), inserted at
end "All written information submitted to a Council by an
interested person shall include a statement of the source and date
of such information. Any oral or written statement shall include a
brief description of the background and interests of the person in
the subject of the oral or written statement."
Subsec. (i)(2)(E). Pub. L. 104-297, Sec. 107(h)(6), added subpar.
(E) and struck out former subpar. (E) which read as follows:
"Minutes of each meeting shall be kept and shall contain a record
of the persons present, an accurate description of matters
discussed and conclusions reached, and copies of all statements
filed."
Subsec. (i)(2)(F). Pub. L. 104-297, Sec. 107(h)(7)-(9), struck
out "by the Council" after "procedures established", substituted
"section 1881a(b)" for "section 1853(d)", and inserted "or the
Secretary, as appropriate" after "of the Council".
Subsec. (i)(4). Pub. L. 104-297, Sec. 107(h)(10), substituted
"section 1881a(b)" for "section 1853(d)".
Subsec. (j). Pub. L. 104-297, Sec. 107(g), (i)(1), redesignated
subsec. (k) as (j) and inserted "and recusal" at the end of
subsection heading. Former subsec. (j) redesignated (i).
Subsec. (j)(1). Pub. L. 104-297, Sec. 107(i)(2), added par. (1)
and struck out former par. (1) which read as follows: "For purposes
of this subsection, the term 'affected individual' means an
individual who -
"(A) is nominated by the Governor of a State for appointment as
a voting member of a Council in accordance with subsection (b)(2)
of this section;
"(B) is a voting member of a Council appointed under subsection
(b)(2) of this section; or
"(C) is the executive director of a Council."
Subsec. (j)(3)(A). Pub. L. 104-297, Sec. 107(i)(3), substituted
"(1)(A)(i)" for "(1)(A)".
Subsec. (j)(3)(B), (4). Pub. L. 104-297, Sec. 107(i)(4), (5),
substituted "(1)(A)(ii)" for "(1)(B) or (C)".
Subsec. (j)(5)(C). Pub. L. 104-297, Sec. 107(i)(6), added subpar.
(C).
Subsec. (j)(6). Pub. L. 104-297, Sec. 107(i)(7), substituted
"(1)(A)(ii)" for "(1)(B) or (C)".
Subsec. (j)(7). Pub. L. 104-297, Sec. 107(i)(8), added par. (7).
Former par. (7) redesignated (8).
Subsec. (j)(8). Pub. L. 104-297, Sec. 107(i)(9), substituted
"(1)(A)(ii)" for "(1)(B) or (C)".
Pub. L. 104-297, Sec. 107(i)(8), redesignated par. (7) as (8).
Subsec. (k). Pub. L. 104-297, Sec. 107(g), redesignated subsec.
(k) as (j).
1992 - Subsec. (b)(3). Pub. L. 102-582 substituted "December 31,
1987" for "January 1, 1986".
1990 - Subsec. (a). Pub. L. 101-627, Sec. 108(a), inserted
"(except as provided in section 1854(f)(3) of this title)" before
period at end of first sentence in pars. (1) to (5).
Subsec. (b)(2). Pub. L. 101-627, Sec. 108(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
"(A) The members of each Council required to be appointed by the
Secretary must be individuals who are knowledgeable and experienced
with regard to the conservation and management, or the recreational
or commercial harvest, of the fishery resources of the geographical
area concerned. The Secretary, in making appointments under this
section, shall, to the extent practicable, ensure a fair
apportionment, on a rotating or other basis, of the active
participants (or their representatives) involved in the fisheries
under Council jurisdiction.
"(B) The Secretary shall appoint the members of each Council from
a list of individuals submitted by the Governor of each applicable
constituent State. A Governor may not submit the names of
individuals to the Secretary for appointment unless the Governor
has, to the extent practicable, first consulted with
representatives of the commercial and recreational fishing
interests of the state regarding those individuals. Each such list
shall include the names and pertinent biographical data of not less
than three individuals for each applicable vacancy. The Secretary
shall review each list submitted by a Governor to ascertain if the
individuals on the list are qualified for the vacancy on the basis
of the required knowledge and experience required by subparagraph
(A). If the Secretary determines that any individual is not
qualified, he shall notify the appropriate Governor of that
determination. The Governor shall then submit a revised list or
resubmit the original list with an additional explanation of the
qualifications of the individual in question. An individual is not
eligible for appointment by the Secretary until that individual
complies with the applicable financial disclosure requirements
under subsection (k) of this section.
"(C) Whenever the Secretary makes an appointment to a Council, he
shall make a public announcement of such appointment not less than
45 days before the first day on which the individual is to take
office as a member of the Council."
Subsec. (b)(3). Pub. L. 101-627, Sec. 108(c), inserted at end "No
member appointed after January 1, 1986, may serve more than three
consecutive terms. Any term completed prior to January 1, 1986,
shall not be counted in determining the number of consecutive terms
served by any Council member."
Subsec. (d). Pub. L. 101-627, Sec. 108(d), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "The
voting members of each Council, who are not employed by the Federal
Government or any State or local government, shall receive
compensation at the daily rate for GS-18 of the General Schedule
when engaged in the actual performance of duties for such Council.
The voting members of each Council, any nonvoting member described
in subsection (c)(1)(C) of this section, and the nonvoting member
appointed pursuant to subsection (c)(2) of this section shall be
reimbursed for actual expenses incurred in the performance of such
duties, and other nonvoting members may be reimbursed for actual
expenses."
Subsec. (e)(3). Pub. L. 101-627, Sec. 108(e)(1), substituted "at
appropriate times and places in any of the constituent States of
the Council" for "in the geographical area concerned".
Subsec. (e)(4). Pub. L. 101-627, Sec. 108(e)(2), inserted at end
"The regional director of the National Marine Fisheries Service
serving on the Council, or the regional director's designee, shall
submit such a statement, which shall be made available to the
public upon request, if the regional director disagrees with any
such matter."
Subsec. (g)(3), (4). Pub. L. 101-627, Sec. 108(f), added pars.
(3) and (4).
Subsec. (h). Pub. L. 101-627, Sec. 108(g), inserted "(except as
provided in section 1854(f)(3) of this title)" before "within its
geographical" in pars. (1) and (5).
Subsec. (i). Pub. L. 101-627, Sec. 108(h), amended subsec. (i)
generally. Prior to amendment, subsec. (i) read as follows: "Each
Council may comment on, or make recommendations concerning, any
activity undertaken, or proposed to be undertaken, by any State or
Federal agency that, in the view of the Council, may affect the
habitat of a fishery resource under its jurisdiction. Within 45
days after receiving such a comment or recommendation from a
Council, a Federal agency must provide a detailed response, in
writing, to the Council regarding the matter."
Subsec. (j)(3)(A). Pub. L. 101-627, Sec. 108(i)(1), substituted
period for semicolon in cl. (ii), and in concluding provisions
struck out "and if any meeting or portion is closed, the Council,
committee, or panel concerned shall publish notice of the closure
in local newspapers in the major fishing ports within its region
(and in other major, affected fishing ports), including the time
and place of the meeting." before "Subparagraphs (D) and (F)" and
inserted "of paragraph (2)" after "Subparagraphs (D) and (F)".
Subsec. (j)(3)(B). Pub. L. 101-627, Sec. 108(i)(2), added subpar.
(B).
Subsec. (j)(4). Pub. L. 101-627, Sec. 120(c), substituted
"Council employee" for "council employee".
Subsec. (j)(6). Pub. L. 101-627, Sec. 108(j), added par. (6).
1986 - Subsec. (b)(2)(A). Pub. L. 99-659, Sec. 104(a)(1)(A),
amended subpar. (A) generally. Prior to amendment, subpar. (A) read
as follows: "The members of each Council required to be appointed
by the Secretary must be individuals who are knowledgeable or
experienced with regard to the management, conservation, or
recreational or commercial harvest of the fishery resources of the
geographical area concerned."
Subsec. (b)(2)(B). Pub. L. 99-659, Sec. 104(a)(1)(B), inserted
provision that a Governor may not submit the names of individuals
to the Secretary for appointment unless the Governor has, to the
extent practicable, first consulted with representatives of the
commercial and recreational fishing interests of the state
regarding those individuals, substituted "knowledge and experience"
for "knowledge or experience", and inserted provision that an
individual is not eligible for appointment by the Secretary until
that individual complies with applicable financial disclosure
requirements under subsec. (k) of this section.
Subsec. (b)(3). Pub. L. 99-659, Sec. 104(a)(1)(C), amended par.
(3) generally. Prior to amendment, par. (3) read as follows: "Each
voting member appointed to a Council by the Secretary in accordance
with subsection (b)(2) of this section shall serve for a term of 3
years; except that, with respect to the members initially so
appointed, the Secretary shall designate up to one-third thereof to
serve for a term of 1 year, up to one-third thereof to serve for a
term of 2 years, and the remaining such members to serve for a term
of 3 years."
Subsec. (i). Pub. L. 99-659, Sec. 104(b), added subsec. (i).
Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 99-659, Sec. 104(b)(1), redesignated former
subsec. (i) as (j).
Subsec. (j)(4). Pub. L. 99-659, Sec. 104(c), substituted ";
except that such procedures, in the case of statistics submitted to
the Council by a State or by the Secretary under section 1853(d) of
this title, must be consistent with the laws and regulations of
that State, or with the procedures of the Secretary, as the case
may be, concerning the confidentiality of the statistics" for ";
except that such procedures must, in the case of statistics
submitted to the Council by a State, be consistent with the laws
and regulations of that State concerning the confidentiality of
such statistics".
Subsec. (j)(5). Pub. L. 99-659, Sec. 104(d), added par. (5).
Subsec. (k). Pub. L. 99-659, Sec. 104(e)(1), added subsec. (k).
1983 - Subsec. (a)(1) to (7). Pub. L. 97-453, Sec. 5(1)(A),
substituted "in accordance with subsection (b)(2)" for "pursuant to
subsection (b)(1)(C)" wherever appearing.
Subsec. (a)(8). Pub. L. 97-453, Sec. 5(1)(B), substituted
provision that the Western Pacific Fishery Management Council shall
consist of the States of Hawaii, American Samoa, Guam, and the
Northern Mariana Islands and shall have authority over the
fisheries in the Pacific Ocean seaward of such States and of the
Commonwealths, territories, and possessions of the United States in
the Pacific Ocean area, for provision that the Western Pacific
Fishery Management Council would consist of the State of Hawaii,
American Samoa, and Guam and have authority over the fisheries in
the Pacific Ocean seaward of such States, and provision that the
Western Pacific Council shall have 13 voting members, including 8
appointed by the Secretary in accordance with subsection (b)(2) of
this section at least one of whom shall be appointed from each of
Hawaii, American Samoa, Guam, and the Northern Mariana Islands, for
provision that the Western Pacific Council would have 11 voting
members, including 7 appointed by the Secretary pursuant to former
subsection (b)(1)(C) of this section (at least one of whom would be
appointed from each such State).
Subsec. (b)(1)(C). Pub. L. 97-453, Sec. 5(2)(A), substituted
reference to subsec. (b)(2) of this section for characterization of
the members to be appointed as members of a list of qualified
individuals submitted by the Governor of each applicable
constituent State, that with respect to initial appointments, such
Governors submit such lists to the Secretary as soon as
practicable, not later than 45 days after April 13, 1976, that
"list of qualified individuals" included the names (including
pertinent biographical data) of not less than three such
individuals for each applicable vacancy, and that "qualified
individual" meant an individual knowledgeable or experienced with
regard to the management, conservation, or recreational or
commercial harvest, of the fishery resources of the geographical
area concerned.
Subsec. (b)(2) to (5). Pub. L. 97-453, Sec. 5(2)(B)-(E), added
pars. (2) and (5), redesignated existing pars. (2) and (3) as (3)
and (4), respectively, and in par. (3), as redesignated,
substituted "by the Secretary in accordance with subsection (b)(2)
of this section" for "pursuant to paragraph (1)(C)" after
"appointed to a Council".
Subsec. (f)(6). Pub. L. 97-453, Sec. 5(3), inserted requirement
that the procedures of a Council and associated committees and
panels be consistent with the procedural guidelines set forth in
subsec. (i)(2).
Subsec. (h)(1). Pub. L. 97-453, Sec. 5(4)(A), inserted "that
requires conservation and management" after "authority".
Subsec. (h)(2). Pub. L. 97-453, Sec. 5(4)(B), substituted
"section 1824(b)(4)(C)" for "section 1824(b)(4)(B)".
Subsec. (h)(3). Pub. L. 97-453, Sec. 5(4)(C), inserted
parenthetical definition of "geographical area concerned".
Subsec. (h)(4). Pub. L. 97-453, Sec. 5(4)(D), struck out subpar.
(A) which provided for a report, before Feb. 1 of each year, on the
Council's activities during the immediately preceding calendar
year, and struck out the subparagraph designators before subpars.
(B) and (C).
Subsec. (i). Pub. L. 97-453, Sec. 5(5), added subsec. (i).
1980 - Subsec. (d). Pub. L. 96-561 inserted provision that other
nonvoting members may be reimbursed for actual expenses.
1978 - Subsec. (h)(5). Pub. L. 95-354 inserted provisions
relating to capacity and extent to which United States fish
processors will process harvested fish.

EFFECTIVE DATE OF 1986 AMENDMENT
Section 104(a)(2) of Pub. L. 99-659 provided that: "The
amendments made by paragraph (1) [amending this section] shall
apply with respect to voting members of regional fishery management
councils who are appointed, and to individuals who are nominated
for appointment as voting members, on or after the date of the
enactment of this Act [Nov. 14, 1986]."


-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.


-MISC2-
DISCLOSURE OF FINANCIAL INTEREST BY INCUMBENT VOTING MEMBERS AND
EXECUTIVE DIRECTORS
Section 104(e)(2) of Pub. L. 99-659 provided that for purposes of
applying subsec. (k) of this section to voting members and
executive directors of regional fishery management councils who
were serving in those capacities on date on which regulations
prescribed to carry out subsec. (k) first took effect, each such
member or director must file a disclosure form under subsec. (k)
within 45 days after that date.

DIRECTIONS REGARDING FISHERY MANAGEMENT COUNCIL MEMBERSHIP
Section 113 of Pub. L. 99-659 provided that: "Notwithstanding
section 302 of the Act (16 U.S.C. 1852) and effective on and after
the date of the enactment of this Act [Nov. 14, 1986], the
Secretary shall take action to ensure, to the extent practicable,
that those persons dependent for their livelihood upon the
fisheries within the respective jurisdictions of the Regional
Fishery Management Councils are fairly represented as voting
members of the Councils."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 971b, 1362, 1379, 1433,
1445a, 1802, 1854, 1855, 1857, 1882, 2803, 2804, 3602, 5102, 5601
of this title; title 30 section 1415; title 43 section 1474d; title
46 section 12102.

-FOOTNOTE-
(!1) So in original. Probably should not be capitalized.

(!2) So in original. Probably should be subsection "(j)".

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

(!4) So in original. Probably should be "paragraph".

(!5) So in original. The word "section" probably should not
appear.

(!6) So in original. Probably should be "subparagraph".


-End-



-CITE-
16 USC Sec. 1853 01/19/04

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

-HEAD-
Sec. 1853. Contents of fishery management plans

-STATUTE-
(a) Required provisions
Any fishery management plan which is prepared by any Council, or
by the Secretary, with respect to any fishery, shall -
(1) contain the conservation and management measures,
applicable to foreign fishing and fishing by vessels of the
United States, which are -
(A) necessary and appropriate for the conservation and
management of the fishery, to prevent overfishing and rebuild
overfished stocks, and to protect, restore, and promote the
long-term health and stability of the fishery;
(B) described in this subsection or subsection (b) of this
section, or both; and
(C) consistent with the national standards, the other
provisions of this chapter, regulations implementing
recommendations by international organizations in which the
United States participates (including but not limited to closed
areas, quotas, and size limits), and any other applicable law;

(2) contain a description of the fishery, including, but not
limited to, the number of vessels involved, the type and quantity
of fishing gear used, the species of fish involved and their
location, the cost likely to be incurred in management, actual
and potential revenues from the fishery, any recreational
interests in the fishery, and the nature and extent of foreign
fishing and Indian treaty fishing rights, if any;
(3) assess and specify the present and probable future
condition of, and the maximum sustainable yield and optimum yield
from, the fishery, and include a summary of the information
utilized in making such specification;
(4) assess and specify -
(A) the capacity and the extent to which fishing vessels of
the United States, on an annual basis, will harvest the optimum
yield specified under paragraph (3),
(B) the portion of such optimum yield which, on an annual
basis, will not be harvested by fishing vessels of the United
States and can be made available for foreign fishing, and
(C) the capacity and extent to which United States fish
processors, on an annual basis, will process that portion of
such optimum yield that will be harvested by fishing vessels of
the United States;

(5) specify the pertinent data which shall be submitted to the
Secretary with respect to commercial, recreational, and charter
fishing in the fishery, including, but not limited to,
information regarding the type and quantity of fishing gear used,
catch by species in numbers of fish or weight thereof, areas in
which fishing was engaged in, time of fishing, number of hauls,
and the estimated processing capacity of, and the actual
processing capacity utilized by, United States fish
processors,(!1)

(6) consider and provide for temporary adjustments, after
consultation with the Coast Guard and persons utilizing the
fishery, regarding access to the fishery for vessels otherwise
prevented from harvesting because of weather or other ocean
conditions affecting the safe conduct of the fishery; except that
the adjustment shall not adversely affect conservation efforts in
other fisheries or discriminate among participants in the
affected fishery;
(7) describe and identify essential fish habitat for the
fishery based on the guidelines established by the Secretary
under section 1855(b)(1)(A) of this title, minimize to the extent
practicable adverse effects on such habitat caused by fishing,
and identify other actions to encourage the conservation and
enhancement of such habitat;
(8) in the case of a fishery management plan that, after
January 1, 1991, is submitted to the Secretary for review under
section 1854(a) of this title (including any plan for which an
amendment is submitted to the Secretary for such review) or is
prepared by the Secretary, assess and specify the nature and
extent of scientific data which is needed for effective
implementation of the plan;
(9) include a fishery impact statement for the plan or
amendment (in the case of a plan or amendment thereto submitted
to or prepared by the Secretary after October 1, 1990) which
shall assess, specify, and describe the likely effects, if any,
of the conservation and management measures on -
(A) participants in the fisheries and fishing communities
affected by the plan or amendment; and
(B) participants in the fisheries conducted in adjacent areas
under the authority of another Council, after consultation with
such Council and representatives of those participants;

(10) specify objective and measurable criteria for identifying
when the fishery to which the plan applies is overfished (with an
analysis of how the criteria were determined and the relationship
of the criteria to the reproductive potential of stocks of fish
in that fishery) and, in the case of a fishery which the Council
or the Secretary has determined is approaching an overfished
condition or is overfished, contain conservation and management
measures to prevent overfishing or end overfishing and rebuild
the fishery;
(11) establish a standardized reporting methodology to assess
the amount and type of bycatch occurring in the fishery, and
include conservation and management measures that, to the extent
practicable and in the following priority -
(A) minimize bycatch; and
(B) minimize the mortality of bycatch which cannot be
avoided;

(12) assess the type and amount of fish caught and released
alive during recreational fishing under catch and release fishery
management programs and the mortality of such fish, and include
conservation and management measures that, to the extent
practicable, minimize mortality and ensure the extended survival
of such fish;
(13) include a description of the commercial, recreational, and
charter fishing sectors which participate in the fishery and, to
the extent practicable, quantify trends in landings of the
managed fishery resource by the commercial, recreational, and
charter fishing sectors; and
(14) to the extent that rebuilding plans or other conservation
and management measures which reduce the overall harvest in a
fishery are necessary, allocate any harvest restrictions or
recovery benefits fairly and equitably among the commercial,
recreational, and charter fishing sectors in the fishery.
(b) Discretionary provisions
Any fishery management plan which is prepared by any Council, or
by the Secretary, with respect to any fishery, may -
(1) require a permit to be obtained from, and fees to be paid
to, the Secretary, with respect to -
(A) any fishing vessel of the United States fishing, or
wishing to fish, in the exclusive economic zone or for
anadromous species or Continental Shelf fishery resources
beyond such zone;
(B) the operator of any such vessel; or
(C) any United States fish processor who first receives fish
that are subject to the plan;

(2) designate zones where, and periods when, fishing shall be
limited, or shall not be permitted, or shall be permitted only by
specified types of fishing vessels or with specified types and
quantities of fishing gear;
(3) establish specified limitations which are necessary and
appropriate for the conservation and management of the fishery on
the -
(A) catch of fish (based on area, species, size, number,
weight, sex, bycatch, total biomass, or other factors);
(B) sale of fish caught during commercial, recreational, or
charter fishing, consistent with any applicable Federal and
State safety and quality requirements; and
(C) transshipment or transportation of fish or fish products
under permits issued pursuant to section 1824 of this title;

(4) prohibit, limit, condition, or require the use of specified
types and quantities of fishing gear, fishing vessels, or
equipment for such vessels,, including devices which may be
required to facilitate enforcement of the provisions of this
chapter;
(5) incorporate (consistent with the national standards, the
other provisions of this chapter, and any other applicable law)
the relevant fishery conservation and management measures of the
coastal States nearest to the fishery;
(6) establish a limited access system for the fishery in order
to achieve optimum yield if, in developing such system, the
Council and the Secretary take into account -
(A) present participation in the fishery,
(B) historical fishing practices in, and dependence on, the
fishery,
(C) the economics of the fishery,
(D) the capability of fishing vessels used in the fishery to
engage in other fisheries,
(E) the cultural and social framework relevant to the fishery
and any affected fishing communities, and
(F) any other relevant considerations;

(7) require fish processors who first receive fish that are
subject to the plan to submit data (other than economic data)
which are necessary for the conservation and management of the
fishery;
(8) require that one or more observers be carried on board a
vessel of the United States engaged in fishing for species that
are subject to the plan, for the purpose of collecting data
necessary for the conservation and management of the fishery;
except that such a vessel shall not be required to carry an
observer on board if the facilities of the vessel for the
quartering of an observer, or for carrying out observer
functions, are so inadequate or unsafe that the health or safety
of the observer or the safe operation of the vessel would be
jeopardized;
(9) assess and specify the effect which the conservation and
management measures of the plan will have on the stocks of
naturally spawning anadromous fish in the region;
(10) include, consistent with the other provisions of this
chapter, conservation and management measures that provide
harvest incentives for participants within each gear group to
employ fishing practices that result in lower levels of bycatch
or in lower levels of the mortality of bycatch;
(11) reserve a portion of the allowable biological catch of the
fishery for use in scientific research; and
(12) prescribe such other measures, requirements, or conditions
and restrictions as are determined to be necessary and
appropriate for the conservation and management of the fishery.
(c) Proposed regulations
Proposed regulations which the Council deems necessary or
appropriate for the purposes of -
(1) implementing a fishery management plan or plan amendment
shall be submitted to the Secretary simultaneously with the plan
or amendment under section 1854 of this title; and
(2) making modifications to regulations implementing a fishery
management plan or plan amendment may be submitted to the
Secretary at any time after the plan or amendment is approved
under section 1854 of this title.
(d) Individual fishing quotas
(1)(A) A Council may not submit and the Secretary may not approve
or implement before October 1, 2002, any fishery management plan,
plan amendment, or regulation under this chapter which creates a
new individual fishing quota program.
(B) Any fishery management plan, plan amendment, or regulation
approved by the Secretary on or after January 4, 1995, which
creates any new individual fishing quota program shall be repealed
and immediately returned by the Secretary to the appropriate
Council and shall not be resubmitted, reapproved, or implemented
during the moratorium set forth in subparagraph (A).
(2)(A) No provision of law shall be construed to limit the
authority of a Council to submit and the Secretary to approve the
termination or limitation, without compensation to holders of any
limited access system permits, of a fishery management plan, plan
amendment, or regulation that provides for a limited access system,
including an individual fishing quota program.
(B) This subsection shall not be construed to prohibit a Council
from submitting, or the Secretary from approving and implementing,
amendments to the North Pacific halibut and sablefish, South
Atlantic wreckfish, or Mid-Atlantic surf clam and ocean (including
mahogany) quahog individual fishing quota programs.
(3) An individual fishing quota or other limited access system
authorization -
(A) shall be considered a permit for the purposes of sections
1857, 1858, and 1859 of this title;
(B) may be revoked or limited at any time in accordance with
this chapter;
(C) shall not confer any right of compensation to the holder of
such individual fishing quota or other such limited access system
authorization if it is revoked or limited; and
(D) shall not create, or be construed to create, any right,
title, or interest in or to any fish before the fish is
harvested.

(4)(A) A Council may submit, and the Secretary may approve and
implement, a program which reserves up to 25 percent of any fees
collected from a fishery under section 1854(d)(2) of this title to
be used, pursuant to section 1274(a)(7) of title 46, Appendix, to
issue obligations that aid in financing the -
(i) purchase of individual fishing quotas in that fishery by
fishermen who fish from small vessels; and
(ii) first-time purchase of individual fishing quotas in that
fishery by entry level fishermen.

(B) A Council making a submission under subparagraph (A) shall
recommend criteria, consistent with the provisions of this chapter,
that a fisherman must meet to qualify for guarantees under clauses
(i) and (ii) of subparagraph (A) and the portion of funds to be
allocated for guarantees under each clause.
(5) In submitting and approving any new individual fishing quota
program on or after October 1, 2002, the Councils and the Secretary
shall consider the report of the National Academy of Sciences
required under section 108(f) of the Sustainable Fisheries Act, and
any recommendations contained in such report, and shall ensure that
any such program -
(A) establishes procedures and requirements for the review and
revision of the terms of any such program (including any
revisions that may be necessary once a national policy with
respect to individual fishing quota programs is implemented),
and, if appropriate, for the renewal, reallocation, or reissuance
of individual fishing quotas;
(B) provides for the effective enforcement and management of
any such program, including adequate observer coverage, and for
fees under section 1854(d)(2) of this title to recover actual
costs directly related to such enforcement and management; and
(C) provides for a fair and equitable initial allocation of
individual fishing quotas, prevents any person from acquiring an
excessive share of the individual fishing quotas issued, and
considers the allocation of a portion of the annual harvest in
the fishery for entry-level fishermen, small vessel owners, and
crew members who do not hold or qualify for individual fishing
quotas.

-SOURCE-
(Pub. L. 94-265, title III, Sec. 303, Apr. 13, 1976, 90 Stat. 351;
Pub. L. 95-354, Sec. 5(2), (3), Aug. 28, 1978, 92 Stat. 521; Pub.
L. 97-453, Sec. 6, Jan. 12, 1983, 96 Stat. 2486; Pub. L. 99-659,
title I, Secs. 101(c)(2), 105(a)(1), (b), Nov. 14, 1986, 100 Stat.
3707, 3711; Pub. L. 101-627, title I, Sec. 109, Nov. 28, 1990, 104
Stat. 4447; Pub. L. 102-251, title III, Sec. 301(g), Mar. 9, 1992,
106 Stat. 64; Pub. L. 104-297, title I, Sec. 108(a), (c)-(e), Oct.
11, 1996, 110 Stat. 3574-3576; Pub. L. 106-554, Sec. 1(a)(4) [div.
B, title I, Sec. 144(a)(1), (2)], Dec. 21, 2000, 114 Stat. 2763,
2763A-238.)


-STATAMEND-
AMENDMENT OF SUBSECTION (B)(1)(A)
Pub. L. 102-251, title III, Secs. 301(g), 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)(1)(A) is amended by inserting "or special areas," after
"exclusive economic zone" and "or areas" after "such zone".

-REFTEXT-
REFERENCES IN TEXT
Section 108(f) of the Sustainable Fisheries Act, referred to in
subsec. (d)(5), is section 108(f) of Pub. L. 104-297, which enacted
provisions set out as a note below and repealed provisions formerly
set out as a note under section 1851 of this title.


-MISC1-
AMENDMENTS
2000 - Subsec. (d)(1)(A), (5). Pub. L. 106-554 substituted
"October 1, 2002," for "October 1, 2000,".
1996 - Subsec. (a)(1)(A). Pub. L. 104-297, Sec. 108(a)(1),
inserted "and rebuild overfished stocks" after "overfishing".
Subsec. (a)(5). Pub. L. 104-297, Sec. 108(a)(2), inserted
"commercial, recreational, and charter fishing in" after "with
respect to".
Subsec. (a)(7). Pub. L. 104-297, Sec. 108(a)(3), added par. (7)
and struck out former par. (7) which read as follows: "include
readily available information regarding the significance of habitat
to the fishery and assessment as to the effects which changes to
that habitat may have upon the fishery;".
Subsec. (a)(9)(A). Pub. L. 104-297, Sec. 108(a)(5), inserted "and
fishing communities" after "fisheries".
Subsec. (a)(10) to (14). Pub. L. 104-297, Sec. 108(a)(4), (6),
(7), added pars. (10) to (14).
Subsec. (b)(3). Pub. L. 104-297, Sec. 108(c)(1), added par. (3)
and struck out former par. (3) which read as follows: "establish
specified limitations on the catch of fish (based on area, species,
size, number, weight, sex, incidental catch, total biomass, or
other factors), which are necessary and appropriate for the
conservation and management of the fishery;".
Subsec. (b)(6). Pub. L. 104-297, Sec. 108(c)(2), substituted
"limited access system for" for "system for limiting access to" in
introductory provisions.
Subsec. (b)(6)(E). Pub. L. 104-297, Sec. 108(c)(3), inserted "and
any affected fishing communities" after "fishery".
Subsec. (b)(8). Pub. L. 104-297, Sec. 108(c)(4), substituted
"require that one or more" for "require that".
Subsec. (b)(10) to (12). Pub. L. 104-297, Sec. 108(c)(5)-(7),
added pars. (10) and (11) and redesignated former par. (10) as
(12).
Subsec. (c). Pub. L. 104-297, Sec. 108(d), added subsec. (c) and
struck out heading and text of former subsec. (c). Text read as
follows: "The proposed regulations which the Council deems
necessary or appropriate for purposes of carrying out a plan or
amendment to a plan shall be submitted to the Secretary
simultaneously with the plan or amendment for action by the
Secretary under sections 1854 and 1855 of this title."
Subsecs. (d) to (f). Pub. L. 104-297, Sec. 108(e), added subsec.
(d) and struck out former subsecs. (d) relating to confidentiality
of statistics, (e) relating to data collection programs, and (f)
relating to restriction on use of certain data.
1990 - Subsec. (a)(1)(A). Pub. L. 101-627, Sec. 109(a)(1),
inserted before semicolon at end ", to prevent overfishing, and to
protect, restore, and promote the long-term health and stability of
the fishery".
Subsec. (a)(1)(C). Pub. L. 101-627, Sec. 109(a)(2), inserted
"regulations implementing recommendations by international
organizations in which the United States participates (including
but not limited to closed areas, quotas, and size limits)," after
"this chapter,".
Subsec. (a)(6). Pub. L. 101-627, Sec. 109(a)(3), amended par. (6)
generally. Prior to amendment, par. (6) read as follows: "consider,
and may provide for, temporary adjustments, after consultation with
the Coast Guard and persons utilizing the fishery, regarding access
to the fishery for vessels otherwise prevented from harvesting
because of weather or other ocean conditions affecting the safety
of the vessels; and".
Subsec. (a)(8), (9). Pub. L. 101-627, Sec. 109(a)(4), (5), added
pars. (8) and (9).
Subsec. (b)(1). Pub. L. 101-627, Sec. 109(b)(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "require a
permit to be obtained from, and fees to be paid to, the Secretary
with respect to any fishing vessel of the United States fishing, or
wishing to fish, in the exclusive economic zone, or for anadromous
species or Continental Shelf fishery resources beyond such zone;".
Subsec. (b)(7) to (10). Pub. L. 101-627, Sec. 109(b)(2), added
pars. (7) and (8) and redesignated former pars. (7) and (8) as (9)
and (10), respectively.
Subsec. (d). Pub. L. 101-627, Sec. 109(c), in introductory
provisions substituted "subsections (a) and (b)" for "subsection
(a)(5)", added par. (2), redesignated former par. (2) as (3), and
inserted at end "Nothing in this subsection shall be interpreted or
construed to prevent the use for conservation and management
purposes by the Secretary, or with the approval of the Secretary,
the Council, of any statistic submitted in compliance with a
requirement under subsection (a) or (b) of this section."
Subsec. (f). Pub. L. 101-627, Sec. 109(d), added subsec. (f).
1986 - Subsec. (a)(6), (7). Pub. L. 99-659, Sec. 105(a)(1), added
pars. (6) and (7).
Subsec. (b)(1). Pub. L. 99-659, Sec. 101(c)(2), substituted
"exclusive economic zone" for "fishery conservation zone".
Subsec. (d). Pub. L. 99-659, Sec. 105(b), amended first sentence
generally. Prior to amendment, first sentence read as follows: "Any
statistics submitted to the Secretary by any person in compliance
with any requirement under subsection (a)(5) of this section shall
be confidential and shall not be disclosed except when required
under court order."
1983 - Subsec. (b)(7), (8). Pub. L. 97-453, Sec. 6(1), added par.
(7) and redesignated former par. (7) as (8).
Subsec. (c). Pub. L. 97-453, Sec. 6(2), substituted provision
that the proposed regulation which the Council deems necessary or
appropriate for purposes of carrying out a plan or amendment to a
plan shall be submitted to the Secretary simultaneously with the
plan or amendment for action by the Secretary under sections 1854
and 1855 of this title, for provision that any Council could
prepare any proposed regulations which it deemed necessary and
appropriate to carry out any fishery management plan, or any
amendment to any fishery management plan, which was prepared by it,
and that such proposed regulations would be submitted to the
Secretary, together with such plan or amendment, for action by the
Secretary pursuant to sections 1854 and 1855 of this title.
Subsec. (e). Pub. L. 97-453, Sec. 6(3), added subsec. (e).
1978 - Subsec. (a)(4)(C). Pub. L. 95-354, Sec. 5(2), added
subpar. (C).
Subsec. (a)(5). Pub. L. 95-354, Sec. 5(3), inserted provisions
relating to estimated processing capacity of, and the actual
processing utilized by, United States fish processors.

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 1986 AMENDMENT
Section 105(a)(2) of Pub. L. 99-659 provided that: "The
amendments made by paragraph (1) [amending this section] apply to
each fishery management plan that -
"(A) is submitted to the Secretary of Commerce for review under
section 304(a) of the Act [16 U.S.C. 1854(a)], or that is
prepared by the Secretary, after January 1, 1987; or
"(B) is in effect on that date, but compliance with those
amendments is not required except in conjunction with the
amendment to the plan next occurring after that date."


-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-
EXCEPTIONS TO SUBSECTION (D)(1) AND SECTION 1883 PLAN RESTRICTIONS
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 144(b)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-238, provided that:
"Notwithstanding sections 303(d)(1)(A) and 303(d)(1)(B) of the
Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C.
1853(d)(1)(A), (B)], as amended by this section, the Pacific
Fishery Management Council may recommend and the Secretary of
Commerce may approve and implement any fishery management plan,
plan amendment, or regulation, for fixed gear sablefish subject to
the jurisdiction of such Council, that -
"(1) allows the use of more than one groundfish fishing permit (continued)