CCLME.ORG - Magnuson-Stevens Fishery Conservation and Management Act; High Seas Driftnet Fisheries Enforcement Act; High Seas Driftnet Fishing Moratorium Protection Act; Driftnet Impact Monitoring Assessment and Control Act of 1987

(continued)
by each fishing vessel; and/or
"(2) sets cumulative trip limit periods, up to 12 months in any
calendar year, that allow fishing vessels a reasonable
opportunity to harvest the full amount of the associated trip
limits.
Notwithstanding subsection (a) [amending this section and section
1883 of this title], the Gulf of Mexico Fishery Management Council
may develop a biological, economic, and social profile of any
fishery under its jurisdiction that may be considered for
management under a quota management system, including the benefits
and consequences of the quota management systems considered. The
North Pacific Fishery Management Council shall examine the
fisheries under its jurisdiction, particularly the Gulf of Alaska
groundfish and Bering Sea crab fisheries, to determine whether
rationalization is needed. In particular, the North Pacific Council
shall analyze individual fishing quotas, processor quotas,
cooperatives, and quotas held by communities. The analysis should
include an economic analysis of the impact of all options on
communities and processors as well as the fishing fleets. The North
Pacific Council shall present its analysis to the appropriations
and authorizing committees of the Senate and House of
Representatives in a timely manner."

IMPLEMENTATION OF AMENDMENTS TO PLANS REQUIRED BY SECTION 108(A) OF
PUB. L. 104-297
Section 108(b) of Pub. L. 104-297 provided that: "Not later than
24 months after the date of enactment of this Act [Oct. 11, 1996],
each Regional Fishery Management Council shall submit to the
Secretary of Commerce amendments to each fishery management plan
under its authority to comply with the amendments made in
subsection (a) of this section [amending this section]."

INDIVIDUAL FISHING QUOTA REPORT
Section 108(f)(1) to (5) of Pub. L. 104-297, as amended by Pub.
L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)],
Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that:
"(1) Not later than October 1, 1998, the National Academy of
Sciences, in consultation with the Secretary of Commerce and the
Regional Fishery Management Councils, shall submit to the Congress
a comprehensive final report on individual fishing quotas, which
shall include recommendations to implement a national policy with
respect to individual fishing quotas. The report shall address all
aspects of such quotas, including an analysis of -
"(A) the effects of limiting or prohibiting the transferability
of such quotas;
"(B) mechanisms to prevent foreign control of the harvest of
United States fisheries under individual fishing quota programs,
including mechanisms to prohibit persons who are not eligible to
be deemed a citizen of the United States for the purpose of
operating a vessel in the coastwise trade under section 2(a) and
section 2(c) of the Shipping Act, 1916 (46 [App.] U.S.C. 802(a)
and (c)) from holding individual fishing quotas;
"(C) the impact of limiting the duration of individual fishing
quota programs;
"(D) the impact of authorizing Federal permits to process a
quantity of fish that correspond to individual fishing quotas,
and of the value created for recipients of any such permits,
including a comparison of such value to the value of the
corresponding individual fishing quotas;
"(E) mechanisms to provide for diversity and to minimize
adverse social and economic impacts on fishing communities, other
fisheries affected by the displacement of vessels, and any
impacts associated with the shifting of capital value from
fishing vessels to individual fishing quotas, as well as the use
of capital construction funds to purchase individual fishing
quotas;
"(F) mechanisms to provide for effective monitoring and
enforcement, including the inspection of fish harvested and
incentives to reduce bycatch, and in particular economic
discards;
"(G) threshold criteria for determining whether a fishery may
be considered for individual fishing quota management, including
criteria related to the geographical range, population dynamics
and condition of a fish stock, the socioeconomic characteristics
of a fishery (including participants' involvement in multiple
fisheries in the region), and participation by commercial,
charter, and recreational fishing sectors in the fishery;
"(H) mechanisms to ensure that vessel owners, vessel masters,
crew members, and United States fish processors are treated
fairly and equitably in initial allocations, to require persons
holding individual fishing quotas to be on board the vessel using
such quotas, and to facilitate new entry under individual fishing
quota programs;
"(I) potential social and economic costs and benefits to the
nation, individual fishing quota recipients, and any recipients
of Federal permits described in subparagraph (D) under individual
fishing quota programs, including from capital gains revenue, the
allocation of such quotas or permits through Federal auctions,
annual fees and transfer fees at various levels, or other
measures;
"(J) the value created for recipients of individual fishing
quotas, including a comparison of such value to the value of the
fish harvested under such quotas and to the value of permits
created by other types of limited access systems, and the effects
of creating such value on fishery management and conservation;
and
"(K) such other matters as the National Academy of Sciences
deems appropriate.
"(2) The report shall include a detailed analysis of individual
fishing quota programs already implemented in the United States,
including the impacts: of any limits on transferability, on past
and present participants, on fishing communities, on the rate and
total amount of bycatch (including economic and regulatory
discards) in the fishery, on the safety of life and vessels in the
fishery, on any excess harvesting or processing capacity in the
fishery, on any gear conflicts in the fishery, on product quality
from the fishery, on the effectiveness of enforcement in the
fishery, on the size and composition of fishing vessel fleets, on
the economic value created by individual fishing quotas for initial
recipients and non-recipients, on conservation of the fishery
resource, on fishermen who rely on participation in several
fisheries, on the success in meeting any fishery management plan
goals, and the fairness and effectiveness of the methods used for
allocating quotas and controlling transferability. The report shall
also include any information about individual fishing quota
programs in other countries that may be useful.
"(3) The report shall identify and analyze alternative
conservation and management measures, including other limited
access systems such as individual transferable effort systems, that
could accomplish the same objectives as individual fishing quota
programs, as well as characteristics that are unique to individual
fishing quota programs.
"(4) The Secretary of Commerce shall, in consultation with the
National Academy of Sciences, the Councils, the fishing industry,
affected States, conservation organizations and other interested
persons, establish two individual fishing quota review groups to
assist in the preparation of the report, which shall represent: (A)
Alaska, Hawaii, and the other Pacific coastal States; and (B)
Atlantic coastal States and the Gulf of Mexico coastal States. The
Secretary shall, to the extent practicable, achieve a balanced
representation of viewpoints among the individuals on each review
group. The review groups shall be deemed to be advisory panels
under section 302(g) of the Magnuson-Stevens Fishery Conservation
and Management Act [16 U.S.C. 1852(g)], as amended by this Act.
"(5) The Secretary of Commerce, in consultation with the National
Academy of Sciences and the Councils, shall conduct public hearings
in each Council region to obtain comments on individual fishing
quotas for use by the National Academy of Sciences in preparing the
report required by this subsection. The National Academy of
Sciences shall submit a draft report to the Secretary of Commerce
by January 1, 1998. The Secretary of Commerce shall publish in the
Federal Register a notice and opportunity for public comment on the
draft of the report, or any revision thereof. A detailed summary of
comments received and views presented at the hearings, including
any dissenting views, shall be included by the National Academy of
Sciences in the final report."

EXISTING QUOTA PLANS
Section 108(i) of Pub. L. 104-297 provided that: "Nothing in this
Act [see Short Title of 1996 Amendment note under section 1801 of
this title] or the amendments made by this Act shall be construed
to require a reallocation of individual fishing quotas under any
individual fishing quota program approved by the Secretary before
January 4, 1995."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 773c, 1821, 1852, 1854,
1855, 1862, 1881, 1883 of this title; title 46 App. section 1274.

-FOOTNOTE-

(!1) So in original. The comma probably should be a semicolon.

-End-

-CITE-
16 USC Sec. 1854 01/19/04

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

-HEAD-
Sec. 1854. Action by Secretary

-STATUTE-
(a) Review of plans
(1) Upon transmittal by the Council to the Secretary of a fishery
management plan or plan amendment, the Secretary shall -
(A) immediately commence a review of the plan or amendment to
determine whether it is consistent with the national standards,
the other provisions of this chapter, and any other applicable
law; and
(B) immediately publish in the Federal Register a notice
stating that the plan or amendment is available and that written
information, views, or comments of interested persons on the plan
or amendment may be submitted to the Secretary during the 60-day
period beginning on the date the notice is published.

(2) In undertaking the review required under paragraph (1), the
Secretary shall -
(A) take into account the information, views, and comments
received from interested persons;
(B) consult with the Secretary of State with respect to foreign
fishing; and
(C) consult with the Secretary of the department in which the
Coast Guard is operating with respect to enforcement at sea and
to fishery access adjustments referred to in section 1853(a)(6)
of this title.

(3) The Secretary shall approve, disapprove, or partially approve
a plan or amendment within 30 days of the end of the comment period
under paragraph (1) by written notice to the Council. A notice of
disapproval or partial approval shall specify -
(A) the applicable law with which the plan or amendment is
inconsistent;
(B) the nature of such inconsistencies; and
(C) recommendations concerning the actions that could be taken
by the Council to conform such plan or amendment to the
requirements of applicable law.

If the Secretary does not notify a Council within 30 days of the
end of the comment period of the approval, disapproval, or partial
approval of a plan or amendment, then such plan or amendment shall
take effect as if approved.
(4) If the Secretary disapproves or partially approves a plan or
amendment, the Council may submit a revised plan or amendment to
the Secretary for review under this subsection.
(5) For purposes of this subsection and subsection (b) of this
section, the term "immediately" means on or before the 5th day
after the day on which a Council transmits to the Secretary a
fishery management plan, plan amendment, or proposed regulation
that the Council characterizes as final.
(b) Review of regulations
(1) Upon transmittal by the Council to the Secretary of proposed
regulations prepared under section 1853(c) of this title, the
Secretary shall immediately initiate an evaluation of the proposed
regulations to determine whether they are consistent with the
fishery management plan, plan amendment, this chapter and other
applicable law. Within 15 days of initiating such evaluation the
Secretary shall make a determination and -
(A) if that determination is affirmative, the Secretary shall
publish such regulations in the Federal Register, with such
technical changes as may be necessary for clarity and an
explanation of those changes, for a public comment period of 15
to 60 days; or
(B) if that determination is negative, the Secretary shall
notify the Council in writing of the inconsistencies and provide
recommendations on revisions that would make the proposed
regulations consistent with the fishery management plan, plan
amendment, this chapter, and other applicable law.

(2) Upon receiving a notification under paragraph (1)(B), the
Council may revise the proposed regulations and submit them to the
Secretary for reevaluation under paragraph (1).
(3) The Secretary shall promulgate final regulations within 30
days after the end of the comment period under paragraph (1)(A).
The Secretary shall consult with the Council before making any
revisions to the proposed regulations, and must publish in the
Federal Register an explanation of any differences between the
proposed and final regulations.
(c) Preparation and review of Secretarial plans
(1) The Secretary may prepare a fishery management plan, with
respect to any fishery, or any amendment to any such plan, in
accordance with the national standards, the other provisions of
this chapter, and any other applicable law, if -
(A) the appropriate Council fails to develop and submit to the
Secretary, after a reasonable period of time, a fishery
management plan for such fishery, or any necessary amendment to
such a plan, if such fishery requires conservation and
management;
(B) the Secretary disapproves or partially disapproves any such
plan or amendment, or disapproves a revised plan or amendment,
and the Council involved fails to submit a revised or further
revised plan or amendment; or
(C) the Secretary is given authority to prepare such plan or
amendment under this section.

(2) In preparing any plan or amendment under this subsection, the
Secretary shall -
(A) conduct public hearings, at appropriate times and locations
in the geographical areas concerned, so as to allow interested
persons an opportunity to be heard in the preparation and
amendment of the plan and any regulations implementing the plan;
and
(B) consult with the Secretary of State with respect to foreign
fishing and with the Secretary of the department in which the
Coast Guard is operating with respect to enforcement at sea.

(3) Notwithstanding paragraph (1) for a fishery under the
authority of a Council, the Secretary may not include in any
fishery management plan, or any amendment to any such plan,
prepared by him, a provision establishing a limited access system,
including any individual fishing quota program, unless such system
is first approved by a majority of the voting members, present and
voting, of each appropriate Council.
(4) Whenever the Secretary prepares a fishery management plan or
plan amendment under this section, the Secretary shall immediately
-
(A) for a plan or amendment for a fishery under the authority
of a Council, submit such plan or amendment to the appropriate
Council for consideration and comment; and
(B) publish in the Federal Register a notice stating that the
plan or amendment is available and that written information,
views, or comments of interested persons on the plan or amendment
may be submitted to the Secretary during the 60-day period
beginning on the date the notice is published.

(5) Whenever a plan or amendment is submitted under paragraph
(4)(A), the appropriate Council must submit its comments and
recommendations, if any, regarding the plan or amendment to the
Secretary before the close of the 60-day period referred to in
paragraph (4)(B). After the close of such 60-day period, the
Secretary, after taking into account any such comments and
recommendations, as well as any views, information, or comments
submitted under paragraph (4)(B), may adopt such plan or amendment.
(6) The Secretary may propose regulations in the Federal Register
to implement any plan or amendment prepared by the Secretary. In
the case of a plan or amendment to which paragraph (4)(A) applies,
such regulations shall be submitted to the Council with such plan
or amendment. The comment period on proposed regulations shall be
60 days, except that the Secretary may shorten the comment period
on minor revisions to existing regulations.
(7) The Secretary shall promulgate final regulations within 30
days after the end of the comment period under paragraph (6). The
Secretary must publish in the Federal Register an explanation of
any substantive differences between the proposed and final rules.
All final regulations must be consistent with the fishery
management plan, with the national standards and other provisions
of this chapter, and with any other applicable law.
(d) Establishment of fees
(1) The Secretary shall by regulation establish the level of any
fees which are authorized to be charged pursuant to section
1853(b)(1) of this title. The Secretary may enter into a
cooperative agreement with the States concerned under which the
States administer the permit system and the agreement may provide
that all or part of the fees collected under the system shall
accrue to the States. The level of fees charged under this
subsection shall not exceed the administrative costs incurred in
issuing the permits.
(2)(A) Notwithstanding paragraph (1), the Secretary is authorized
and shall collect a fee to recover the actual costs directly
related to the management and enforcement of any -
(i) individual fishing quota program; and
(ii) community development quota program that allocates a
percentage of the total allowable catch of a fishery to such
program.

(B) Such fee shall not exceed 3 percent of the ex-vessel value of
fish harvested under any such program, and shall be collected at
either the time of the landing, filing of a landing report, or sale
of such fish during a fishing season or in the last quarter of the
calendar year in which the fish is harvested.
(C)(i) Fees collected under this paragraph shall be in addition
to any other fees charged under this chapter and shall be deposited
in the Limited Access System Administration Fund established under
section 1855(h)(5)(B) of this title, except that the portion of any
such fees reserved under section 1853(d)(4)(A) of this title shall
be deposited in the Treasury and available, subject to annual
appropriations, to cover the costs of new direct loan obligations
and new loan guarantee commitments as required by section
661c(b)(1) (!1) of title 2.

(ii) Upon application by a State, the Secretary shall transfer to
such State up to 33 percent of any fee collected pursuant to
subparagraph (A) under a community development quota program and
deposited in the Limited Access System Administration Fund in order
to reimburse such State for actual costs directly incurred in the
management and enforcement of such program.
(e) Rebuilding overfished fisheries
(1) The Secretary shall report annually to the Congress and the
Councils on the status of fisheries within each Council's
geographical area of authority and identify those fisheries that
are overfished or are approaching a condition of being overfished.
For those fisheries managed under a fishery management plan or
international agreement, the status shall be determined using the
criteria for overfishing specified in such plan or agreement. A
fishery shall be classified as approaching a condition of being
overfished if, based on trends in fishing effort, fishery resource
size, and other appropriate factors, the Secretary estimates that
the fishery will become overfished within two years.
(2) If the Secretary determines at any time that a fishery is
overfished, the Secretary shall immediately notify the appropriate
Council and request that action be taken to end overfishing in the
fishery and to implement conservation and management measures to
rebuild affected stocks of fish. The Secretary shall publish each
notice under this paragraph in the Federal Register.
(3) Within one year of an identification under paragraph (1) or
notification under paragraphs (2) or (7), the appropriate Council
(or the Secretary, for fisheries under section 1852(a)(3) of this
title) shall prepare a fishery management plan, plan amendment, or
proposed regulations for the fishery to which the identification or
notice applies -
(A) to end overfishing in the fishery and to rebuild affected
stocks of fish; or
(B) to prevent overfishing from occurring in the fishery
whenever such fishery is identified as approaching an overfished
condition.

(4) For a fishery that is overfished, any fishery management
plan, amendment, or proposed regulations prepared pursuant to
paragraph (3) or paragraph (5) for such fishery shall -
(A) specify a time period for ending overfishing and rebuilding
the fishery that shall -
(i) be as short as possible, taking into account the status
and biology of any overfished stocks of fish, the needs of
fishing communities, recommendations by international
organizations in which the United States participates, and the
interaction of the overfished stock of fish within the marine
ecosystem; and
(ii) not exceed 10 years, except in cases where the biology
of the stock of fish, other environmental conditions, or
management measures under an international agreement in which
the United States participates dictate otherwise;

(B) allocate both overfishing restrictions and recovery
benefits fairly and equitably among sectors of the fishery; and
(C) for fisheries managed under an international agreement,
reflect traditional participation in the fishery, relative to
other nations, by fishermen of the United States.

(5) If, within the one-year period beginning on the date of
identification or notification that a fishery is overfished, the
Council does not submit to the Secretary a fishery management plan,
plan amendment, or proposed regulations required by paragraph
(3)(A), the Secretary shall prepare a fishery management plan or
plan amendment and any accompanying regulations to stop overfishing
and rebuild affected stocks of fish within 9 months under
subsection (c) of this section.
(6) During the development of a fishery management plan, a plan
amendment, or proposed regulations required by this subsection, the
Council may request the Secretary to implement interim measures to
reduce overfishing under section 1855(c) of this title until such
measures can be replaced by such plan, amendment, or regulations.
Such measures, if otherwise in compliance with the provisions of
this chapter, may be implemented even though they are not
sufficient by themselves to stop overfishing of a fishery.
(7) The Secretary shall review any fishery management plan, plan
amendment, or regulations required by this subsection at routine
intervals that may not exceed two years. If the Secretary finds as
a result of the review that such plan, amendment, or regulations
have not resulted in adequate progress toward ending overfishing
and rebuilding affected fish stocks, the Secretary shall -
(A) in the case of a fishery to which section 1852(a)(3) of
this title applies, immediately make revisions necessary to
achieve adequate progress; or
(B) for all other fisheries, immediately notify the appropriate
Council. Such notification shall recommend further conservation
and management measures which the Council should consider under
paragraph (3) to achieve adequate progress.
(f) Fisheries under authority of more than one Council
(1) Except as provided in paragraph (3),(!1) if any fishery
extends beyond the geographical area of authority of any one
Council, the Secretary may -
(A) designate which Council shall prepare the fishery
management plan for such fishery and any amendment to such plan;
or
(B) may require that the plan and amendment be prepared jointly
by the Councils concerned.

No jointly prepared plan or amendment may be submitted to the
Secretary unless it is approved by a majority of the voting
members, present and voting, of each Council concerned.
(2) The Secretary shall establish the boundaries between the
geographical areas of authority of adjacent Councils.
(g) Atlantic highly migratory species
(1) Preparation and implementation of plan or plan amendment
The Secretary shall prepare a fishery management plan or plan
amendment under subsection (c) of this section with respect to
any highly migratory species fishery to which section 1852(a)(3)
of this title applies. In preparing and implementing any such
plan or amendment, the Secretary shall -
(A) consult with and consider the comments and views of
affected Councils, commissioners and advisory groups appointed
under Acts implementing relevant international fishery
agreements pertaining to highly migratory species, and the
advisory panel established under section 1852(g) of this title;
(B) establish an advisory panel under section 1852(g) of this
title for each fishery management plan to be prepared under
this paragraph;
(C) evaluate the likely effects, if any, of conservation and
management measures on participants in the affected fisheries
and minimize, to the extent practicable, any disadvantage to
United States fishermen in relation to foreign competitors;
(D) with respect to a highly migratory species for which the
United States is authorized to harvest an allocation, quota, or
at a fishing mortality level under a relevant international
fishery agreement, provide fishing vessels of the United States
with a reasonable opportunity to harvest such allocation,
quota, or at such fishing mortality level;
(E) review, on a continuing basis (and promptly whenever a
recommendation pertaining to fishing for highly migratory
species has been made under a relevant international fishery
agreement), and revise as appropriate, the conservation and
management measures included in the plan;
(F) diligently pursue, through international entities (such
as the International Commission for the Conservation of
Atlantic Tunas), comparable international fishery management
measures with respect to fishing for highly migratory species;
and
(G) ensure that conservation and management measures under
this subsection -
(i) promote international conservation of the affected
fishery;
(ii) take into consideration traditional fishing patterns
of fishing vessels of the United States and the operating
requirements of the fisheries;
(iii) are fair and equitable in allocating fishing
privileges among United States fishermen and do not have
economic allocation as the sole purpose; and
(iv) promote, to the extent practicable, implementation of
scientific research programs that include the tagging and
release of Atlantic highly migratory species.
(2) Certain fish excluded from "bycatch" definition
Notwithstanding section 1802(2) of this title, fish harvested
in a commercial fishery managed by the Secretary under this
subsection or the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971d) that are not regulatory discards and that are tagged
and released alive under a scientific tagging and release program
established by the Secretary shall not be considered bycatch for
purposes of this chapter.
(h) Repeal or revocation of a fishery management plan
The Secretary may repeal or revoke a fishery management plan for
a fishery under the authority of a Council only if the Council
approves the repeal or revocation by a three-quarters majority of
the voting members of the Council.

-SOURCE-
(Pub. L. 94-265, title III, Sec. 304, Apr. 13, 1976, 90 Stat. 352;
Pub. L. 97-453, Sec. 7(a), Jan. 12, 1983, 96 Stat. 2487; Pub. L.
99-659, title I, Sec. 106, Nov. 14, 1986, 100 Stat. 3712; Pub. L.
101-627, title I, Secs. 110(a), (b)(1), (c), 111(a)(2), 120(d),
Nov. 28, 1990, 104 Stat. 4449-4452, 4459; Pub. L. 102-567, title
III, Sec. 303, Oct. 29, 1992, 106 Stat. 4283; Pub. L. 103-206,
title VII, Sec. 702, Dec. 20, 1993, 107 Stat. 2446; Pub. L.
104-297, title I, Sec. 109(a)-(c), (e)-(g), (i), Oct. 11, 1996, 110
Stat. 3581-3585, 3587.)

-REFTEXT-
REFERENCES IN TEXT
Section 661c(b)(1) of title 2, referred to in subsec.
(d)(2)(C)(i), was in the original a reference to "section 504(b)(1)
of the Federal Credit Reform Act (2 U.S.C. 661c(b)(1))" and was
translated as meaning section 504(b)(1) of the Federal Credit
Reform Act of 1990, to reflect the probable intent of Congress.
Paragraph (3), referred to in subsec. (f)(1), was repealed by
Pub. L. 104-297, title I, Sec. 109(f), Oct. 11, 1996, 110 Stat.
3585.
The Atlantic Tunas Convention Act of 1975, referred to in subsec.
(g)(2), is Pub. L. 94-70, Aug. 5, 1975, 89 Stat. 385, as amended,
which is classified generally to chapter 16A (Sec. 971 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 971 of this title and
Tables.

-MISC1-
AMENDMENTS
1996 - Subsecs. (a), (b). Pub. L. 104-297, Sec. 109(a), added
subsecs. (a) and (b) and struck out former subsecs. (a) which
related to actions by Secretary after receipt of a fishery
management plan or amendment to a plan and (b) which related to
implementation of approved plans and amendments and submission and
review of revised plans and amendments.
Subsec. (c). Pub. L. 104-297, Sec. 109(b)(1), amended heading to
read "Preparation and review of Secretarial plans".
Subsec. (c)(1). Pub. L. 104-297, Sec. 109(b)(2)-(4), struck out
"or" at end of subpar. (A), substituted "or amendment; or" for "or
amendment, as the case may be." in subpar. (B), added subpar. (C),
and struck out concluding provisions which read as follows: "In
preparing any such plan or amendment, the Secretary shall consult
with the Secretary of State with respect to foreign fishing and
with the Secretary of the department in which the Coast Guard is
operating with respect to enforcement at sea. The Secretary shall
also prepare such proposed regulations as he deems necessary or
appropriate to carry out each plan or amendment prepared by him
under this paragraph."
Subsec. (c)(2). Pub. L. 104-297, Sec. 109(b)(5), added par. (2)
and struck out former par. (2) which related to procedures for
making fishery management plans and amendments available for review
and comment.
Subsec. (c)(3). Pub. L. 104-297, Sec. 109(b)(6), (7), inserted
"for a fishery under the authority of a Council" after "paragraph
(1)" and substituted "system, including any individual fishing
quota program" for "system described in section 1853(b)(6) of this
title".
Subsec. (c)(4) to (7). Pub. L. 104-297, Sec. 109(b)(8), added
pars. (4) to (7).
Subsec. (d). Pub. L. 104-297, Sec. 109(c), designated existing
provisions as par. (1) and added par. (2).
Subsec. (e). Pub. L. 104-297, Sec. 109(e), amended heading and
text of subsec. (e) generally. Prior to amendment, subsec. (e)
required Secretary to initiate and maintain a comprehensive program
of fishery research.
Subsec. (f)(3). Pub. L. 104-297, Sec. 109(f), struck out par. (3)
which related to authority of Secretary over any highly migratory
species fishery that is within the area of authority of more than
one of certain Councils and to the preparation and amendment of
fishery management plans with respect to such fishery.
Subsec. (g). Pub. L. 104-297, Sec. 109(g), added subsec. (g) and
struck out former subsec. (g) which required the Secretary to
establish a 3-year program to assess the impact on fishery
resources of incidental harvest by the shrimp trawl fishery within
the authority of the Gulf of Mexico Fishery Management Council and
the South Atlantic Fishery Management Council.
Subsec. (h). Pub. L. 104-297, Sec. 109(i), added subsec. (h).
1993 - Subsec. (g)(6)(B). Pub. L. 103-206 substituted "April 1,
1994" for "January 1, 1994".
1992 - Subsec. (e)(1). Pub. L. 102-567 added par. (1). Former
par. (1) redesignated (2).
Subsec. (e)(2). Pub. L. 102-567 redesignated par. (1) as (2) and
substituted "(3)" for "(2)" in subpar. (A). Former par. (2)
redesignated (3).
Subsec. (e)(3). Pub. L. 102-567 redesignated par. (2) as (3) and
substituted "(2)" for "(1)" in introductory provisions. Former par.
(3) redesignated (4).
Subsec. (e)(4). Pub. L. 102-567 redesignated par. (3) as (4) and
substituted "(2)" for "(1)".
1990 - Subsec. (b)(1), (3)(D). Pub. L. 101-627, Sec.
111(a)(2)(A), (B), substituted "section 1855(a)" for "section
1855(c)".
Subsec. (c)(2)(B). Pub. L. 101-627, Sec. 120(d), substituted
"appropriate Council" for "appropriate council".
Pub. L. 101-627, Sec. 111(a)(2)(C), substituted "section 1855(a)"
for "section 1855(c)".
Subsec. (e). Pub. L. 101-627, Sec. 110(a), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: "The
Secretary shall initiate and maintain, in cooperation with the
Councils, a comprehensive program of fishery research to carry out
and further the purposes, policy, and provisions of this chapter.
Such program shall be designed to acquire knowledge and
information, including statistics, on fishery conservation and
management and on the economics of the fisheries, including, but
not limited to, biological research concerning the interdependence
of fisheries or stocks of fish, the impact of pollution on fish,
the impact of wetland and estuarine degradation, and other matters
bearing upon the abundance and availability of fish. The Secretary
shall annually review and update the comprehensive program and make
the results of the review and update available to the Councils."
Subsec. (f). Pub. L. 101-627, Sec. 110(b)(1), in heading
substituted "Fisheries under authority of more than one Council"
for "Miscellaneous duties", in par. (1) substituted "Except as
provided in paragraph (3), if" for "If", and added par. (3).
Subsec. (g). Pub. L. 101-627, Sec. 110(c), added subsec. (g).
1986 - Subsec. (a)(1). Pub. L. 99-659, Sec. 106(1)(A), struck out
"(the date of receipt of which is hereafter in this section
referred to as the 'receipt date')" after "by a Council" in
introductory provisions.
Subsec. (a)(1)(A), (B). Pub. L. 99-659, Sec. 106(1)(B), (C),
added subpar. (A) and redesignated former subpars. (A) and (B) as
(B) and (C), respectively.
Subsec. (a)(1)(C). Pub. L. 99-659, Sec. 106(1)(B), (D),
redesignated former subpar. (B) as (C) and substituted "60-day" for
"75-day". Former subpar. (C) redesignated (D).
Subsec. (a)(1)(D). Pub. L. 99-659, Sec. 106(1)(B), (E),
redesignated former subpar. (C) as (D) and substituted "15th day"
for "30th day".
Subsec. (a)(2). Pub. L. 99-659, Sec. 106(1)(F), substituted
"paragraph (1)(B)" for "paragraph (1)(A)" in introductory
provisions and inserted "and to fishery access adjustments referred
to in section 1853(a)(6) of this title" in subpar. (C).
Subsec. (a)(3). Pub. L. 99-659, Sec. 106(1)(G), added par. (3).
Subsec. (b)(1)(A). Pub. L. 99-659, Sec. 106(2)(A), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: "the Secretary does not notify the Council in writing of
his disapproval, or partial disapproval, under paragraph (2), of
the plan or amendment before the close of the 95th day after the
receipt date; or".
Subsec. (b)(1)(B). Pub. L. 99-659, Sec. 106(2)(B), substituted
"60th day" for "75th day".
Subsec. (b)(2). Pub. L. 99-659, Sec. 106(2)(C), substituted
"paragraph (1)(B)" for "paragraph (1)(A)" in introductory
provisions.
Subsec. (b)(3)(A). Pub. L. 99-659, Sec. 106(2)(D)(i), inserted
"disapproves a proposed plan or amendment under subsection
(a)(1)(A)(ii) of this section, or".
Subsec. (b)(3)(B)(i), (C)(i). Pub. L. 99-659, Sec. 106(2)(D)(ii),
substituted "subsection (a)(1)(B)" for "subsection (a)(1)(A)".
Subsec. (c)(2)(A)(ii). Pub. L. 99-659, Sec. 106(3)(A),
substituted "60-day" for "75-day".
Subsec. (c)(2)(A)(iii). Pub. L. 99-659, Sec. 106(3)(B),
substituted "15th day" for "30th day".
Subsec. (c)(2)(B). Pub. L. 99-659, Sec. 106(3)(C), substituted
"60-day" for "75-day" in two places.
Subsec. (e). Pub. L. 99-659, Sec. 106(4), inserted ", in
cooperation with the Councils,", "and on the economics of the
fisheries", and "The Secretary shall annually review and update the
comprehensive program and make the results of the review and update
available to the Councils."
1983 - Subsec. (a). Pub. L. 97-453, Sec. 7(a)(1), amended subsec.
(a) generally, which had provided that within 60 days after the
Secretary received any fishery management plan, or any amendment to
any such plan, which was prepared by any Council, the Secretary was
to review such plan or amendment pursuant to subsection (b) of this
section, notify such Council in writing of his approval,
disapproval, or partial disapproval of such plan or amendment, and
that in the case of disapproval or partial disapproval, the
Secretary was to include in such notification a statement and
explanation of the Secretary's objections and the reasons therefor,
suggestions for improvement, a request to such Council to change
such plan or amendment to satisfy the objections, and a request to
resubmit the plan or amendment, as so modified, to the Secretary
within 45 days after the date on which the Council received such
notification.
Subsec. (b). Pub. L. 97-453, Sec. 7(a)(1), amended subsec. (b)
generally, which had provided that the Secretary was to review any
fishery management plan, and any amendment to any such plan,
prepared by any Council and submitted to him to determine whether
it was consistent with the national standards, the other provisions
of this chapter, and any other applicable law, and that in carrying
out such review, the Secretary was to consult with the Secretary of
State with respect to foreign fishing, and the Secretary of the
department in which the Coast Guard was operating with respect to
enforcement at sea.
Subsec. (c)(1). Pub. L. 97-453, Sec. 7(a)(2)(A), in subpar. (B)
substituted "or disapproves a revised plan or amendment, and the
Council involved fails to submit a revised or further revised plan
or amendment, as the case may be" for "and the Council involved
fails to change such plan or amendment in accordance with the
notification made under subsection (a)(2) of this section", and
added to the provisions following subpar. (B) a requirement that
the Secretary also prepare such proposed regulations as he deems
necessary or appropriate to carry out each plan or amendment
prepared by him under this paragraph.
Subsec. (c)(2). Pub. L. 97-453, Sec. 7(a)(2)(B), amended par. (2)
generally, which had provided that whenever, pursuant to paragraph
(1), the Secretary prepared a fishery management plan or amendment,
the Secretary was to promptly transmit such plan or amendment to
the appropriate Council for consideration and comment, that within
45 days after the date of receipt of such plan or amendment, the
appropriate Council could recommend, to the Secretary, changes in
such plan or amendment, consistent with the national standards, the
other provisions of this chapter, and any other applicable law, and
that after the expiration of such 45-day period, the Secretary
could implement such plan or amendment pursuant to section 1855 of
this title.
Subsec. (d). Pub. L. 97-453, Sec. 7(a)(3), inserted provisions
relating to agreements with the States for the administration of
the permit system and the permissible accrual to the States of fees
collected under the system.

EFFECTIVE DATE OF 1983 AMENDMENT
Section 7(b) of Pub. L. 97-453 provided that: "The amendments
made by subsection (a) [amending this section] shall only apply
with respect to fishery management plans and amendments thereto
that are initially submitted to the Secretary of Commerce on or
after the date of the enactment of this Act [Jan. 12, 1983] for
action under section 304 [this section]."

-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. For
treatment of references to Committee on Merchant Marine and
Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.

-MISC2-
DELAY OF COLLECTION OF FEES IN QUAHOG AND WRECKFISH FISHERIES
Section 109(d) of Pub. L. 104-297, as amended by Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30,
1996, 110 Stat. 3009, 3009-41, provided that: "Notwithstanding any
other provision of law, the Secretary shall not begin the
collection of fees under section 304(d)(2) of the Magnuson-Stevens
Fishery Conservation and Management Act [16 U.S.C. 1854(d)(2)], as
amended by this Act, in the surf clam and ocean (including
mahogany) quahog fishery or in the wreckfish fishery until after
January 1, 2000."

COMPREHENSIVE MANAGEMENT SYSTEM FOR ATLANTIC PELAGIC LONGLINE
FISHERY
Section 109(h) of Pub. L. 104-297, as amended by Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30,
1996, 110 Stat. 3009, 3009-41, provided that:
"(1) The Secretary of Commerce shall -
"(A) establish an advisory panel under section 302(g)(4) of the
Magnuson-Stevens Fishery Conservation and Management Act [16
U.S.C. 1852(g)(4)], as amended by this Act, for pelagic longline
fishing vessels that participate in fisheries for Atlantic highly
migratory species;
"(B) conduct surveys and workshops with affected fishery
participants to provide information and identify options for
future management programs;
"(C) to the extent practicable and necessary for the evaluation
of options for a comprehensive management system, recover vessel
production records; and
"(D) complete by January 1, 1998, a comprehensive study on the
feasibility of implementing a comprehensive management system for
pelagic longline fishing vessels that participate in fisheries
for Atlantic highly migratory species, including, but not limited
to, individual fishing quota programs and other limited access
systems.
"(2) Based on the study under paragraph (1)(D) and consistent
with the requirements of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.), in cooperation with
affected participants in the fishery, the United States
Commissioners on the International Commission for the Conservation
of Atlantic Tunas, and the advisory panel established under
paragraph (1)(A), the Secretary of Commerce may, after October 1,
1998, implement a comprehensive management system pursuant to
section 304 of such Act (16 U.S.C. 1854) for pelagic longline
fishing vessels that participate in fisheries for Atlantic highly
migratory species. Such a system may not implement an individual
fishing quota program until after October 1, 2000."

INAPPLICABILITY OF SUBSECTION (H) TO AMERICAN LOBSTER FISHERY
MANAGEMENT PLAN
Section 109(j) of Pub. L. 104-297, as amended by Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30,
1996, 110 Stat. 3009, 3009-41, provided that: "Section 304(h) of
the Magnuson-Stevens Fishery Conservation and Management Act [16
U.S.C. 1854(h)], as amended by this Act, shall not apply to the
American Lobster Fishery Management Plan."

INTERIM MANAGEMENT OF HIGHLY MIGRATORY SPECIES FISHERIES
Section 108(k) of Pub. L. 101-627, 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 the
amendments made by subsections (a) and (g) [amending section 1852
of this title], any fishery management plan or amendment which -
"(1) addresses a highly migratory species fishery to which
section 304(f)(3) of the Magnuson-Stevens Fishery Conservation
and Management Act [former 16 U.S.C. 1854(f)(3)] (as amended by
this Act) applies,
"(2) was prepared by one or more Regional Fishery Management
Councils, and
"(3) was in force and effect on January 1, 1990,
shall remain in force and effect until superseded by a fishery
management plan prepared by the Secretary, and regulations
implementing that plan."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1821, 1852, 1853, 1855,
1861a, 1862 of this title.

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

-End-

-CITE-
16 USC Sec. 1855 01/19/04

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

-HEAD-
Sec. 1855. Other requirements and authority

-STATUTE-
(a) Gear evaluation and notification of entry
(1) Not later than 18 months after October 11, 1996, the
Secretary shall publish in the Federal Register, after notice and
an opportunity for public comment, a list of all fisheries -
(A) under the authority of each Council and all fishing gear
used in such fisheries, based on information submitted by theCouncils under section 1853(a) of this title; and (continued)