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United States Code (Last Updated: May 24, 2014) |
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Title 16. CONSERVATION |
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Chapter 38. FISHERY CONSERVATION AND MANAGEMENT |
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SubChapter I. GENERALLY |
§ 1801. Findings, purposes and policy
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(a) Findings The Congress finds and declares the following: (1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities. (2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels. (3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen. (4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effective international agreement on fishery management jurisdiction can be negotiated, signed, ratified, and implemented. (5) Fishery resources are finite but renewable. If placed under sound management before overfishing has caused irreversible effects, the fisheries can be conserved and maintained so as to provide optimum yields on a continuing basis. (6) A national program for the conservation and management of the fishery resources of the United States is necessary to prevent overfishing, to rebuild overfished stocks, to insure conservation, to facilitate long-term protection of essential fish habitats, and to realize the full potential of the Nation’s fishery resources. (7) A national program for the development of fisheries which are underutilized or not utilized by the United States fishing industry, including bottom fish off Alaska, is necessary to assure that our citizens benefit from the employment, food supply, and revenue which could be generated thereby. (8) The collection of reliable data is essential to the effective conservation, management, and scientific understanding of the fishery resources of the United States. (9) One of the greatest long-term threats to the viability of commercial and recreational fisheries is the continuing loss of marine, estuarine, and other aquatic habitats. Habitat considerations should receive increased attention for the conservation and management of fishery resources of the United States. (10) Pacific Insular Areas contain unique historical, cultural, legal, political, and geographical circumstances which make fisheries resources important in sustaining their economic growth. (11) A number of the Fishery Management Councils have demonstrated significant progress in integrating ecosystem considerations in fisheries management using the existing authorities provided under this chapter. (12) International cooperation is necessary to address illegal, unreported, and unregulated fishing and other fishing practices which may harm the sustainability of living marine resources and disadvantage the United States fishing industry. (b) Purposes It is therefore declared to be the purposes of the Congress in this chapter— (1) to take immediate action to conserve and manage the fishery resources found off the coasts of the United States, and the anadromous species and Continental Shelf fishery resources of the United States, by exercising (A) sovereign rights for the purposes of exploring, exploiting, conserving, and managing all fish, within the exclusive economic zone established by Presidential Proclamation 5030, dated March 10, 1983 , and (B) exclusive fishery management authority beyond the exclusive economic zone over such anadromous species and Continental Shelf fishery resources;(2) to support and encourage the implementation and enforcement of international fishery agreements for the conservation and management of highly migratory species, and to encourage the negotiation and implementation of additional such agreements as necessary; (3) to promote domestic commercial and recreational fishing under sound conservation and management principles, including the promotion of catch and release programs in recreational fishing; (4) to provide for the preparation and implementation, in accordance with national standards, of fishery management plans which will achieve and maintain, on a continuing basis, the optimum yield from each fishery; (5) to establish Regional Fishery Management Councils to exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of such plans under circumstances (A) which will enable the States, the fishing industry, consumer and environmental organizations, and other interested persons to participate in, and advise on, the establishment and administration of such plans, and (B) which take into account the social and economic needs of the States; (6) to encourage the development by the United States fishing industry of fisheries which are currently underutilized or not utilized by United States fishermen, including bottom fish off Alaska, and to that end, to ensure that optimum yield determinations promote such development in a non-wasteful manner; and (7) to promote the protection of essential fish habitat in the review of projects conducted under Federal permits, licenses, or other authorities that affect or have the potential to affect such habitat. (c) Policy It is further declared to be the policy of the Congress in this chapter— (1) to maintain without change the existing territorial or other ocean jurisdiction of the United States for all purposes other than the conservation and management of fishery resources, as provided for in this chapter; (2) to authorize no impediment to, or interference with, recognized legitimate uses of the high seas, except as necessary for the conservation and management of fishery resources, as provided for in this chapter; (3) to assure that the national fishery conservation and management program utilizes, and is based upon, the best scientific information available; involves, and is responsive to the needs of, interested and affected States and citizens; considers efficiency; draws upon Federal, State, and academic capabilities in carrying out research, administration, management, and enforcement; considers the effects of fishing on immature fish and encourages development of practical measures that minimize bycatch and avoid unnecessary waste of fish; and is workable and effective; (4) to permit foreign fishing consistent with the provisions of this chapter; (5) to support and encourage active United States efforts to obtain internationally acceptable agreements which provide for effective conservation and management of fishery resources, and to secure agreements to regulate fishing by vessels or persons beyond the exclusive economic zones of any nation; (6) to foster and maintain the diversity of fisheries in the United States; and (7) to ensure that the fishery resources adjacent to a Pacific Insular Area, including resident or migratory stocks within the exclusive economic zone adjacent to such areas, be explored, developed, conserved, and managed for the benefit of the people of such area and of the United States.
Prospective Amendment
Pub. L. 102–251, title III, §§ 301(a), 308,
References In Text
This chapter, referred to in subsecs. (a)(11), (b), and (c), was in the original “this Act”, meaning Pub. L. 94–265,
Presidential Proclamation 5030, referred to in subsec. (b)(1), is set out under section 1453 of this title.
Amendments
2007—Subsec. (a)(11). Pub. L. 109–479, § 3(a), added par. (11).
Subsec. (a)(12). Pub. L. 109–479, § 402, added par. (12).
1996—Subsec. (a)(2). Pub. L. 104–297, § 101(1), added par. (2) and struck out former par. (2) which read as follows: “As a consequence of increased fishing pressure and because of the inadequacy of fishery conservation and management practices and controls (A) certain stocks of such fish have been overfished to the point where their survival is threatened, and (B) other such stocks have been so substantially reduced in number that they could become similarly threatened.”
Subsec. (a)(6). Pub. L. 104–297, § 101(2), inserted “to facilitate long-term protection of essential fish habitats,” after “to insure conservation,”.
Subsec. (a)(9), (10). Pub. L. 104–297, § 101(3), added pars. (9) and (10).
Subsec. (b)(3). Pub. L. 104–297, § 101(4), substituted “principles, including the promotion of catch and release programs in recreational fishing” for “principles”.
Subsec. (b)(5). Pub. L. 104–297, § 101(5), struck out “and” after semicolon at end.
Subsec. (b)(6). Pub. L. 104–297, § 101(6), substituted “development in a non-wasteful manner; and” for “development.”
Subsec. (b)(7). Pub. L. 104–297, § 101(7), added par. (7).
Subsec. (c)(3). Pub. L. 104–297, § 101(8), substituted “considers efficiency” for “promotes efficiency” and inserted “minimize bycatch and” after “practical measures that”.
Subsec. (c)(7). Pub. L. 104–297, § 101(9)–(11), added par. (7).
1990—Subsec. (a)(8). Pub. L. 101–627, § 101(a), added par. (8).
Subsec. (b)(1)(A). Pub. L. 101–627, § 101(b)(1), struck out “except highly migratory species” after “fish”.
Subsec. (b)(5). Pub. L. 101–627, § 101(b)(2), substituted “exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of” for “prepare, monitor, and revise”.
Subsec. (c)(3). Pub. L. 101–627, § 101(c)(1), inserted “considers the effects of fishing on immature fish and encourages development of practical measures that avoid unnecessary waste of fish;” after “and enforcement;”.
Subsec. (c)(5). Pub. L. 101–627, § 101(c)(3), substituted “, and to secure agreements to regulate fishing by vessels or persons beyond the exclusive economic zones of any nation; and” for period at end.
Subsec. (c)(6). Pub. L. 101–627, § 101(c)(4), added par. (6).
1986—Subsec. (b)(1). Pub. L. 99–659, § 101(c)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “to take immediate action to conserve and manage the fishery resources found off the coasts of the United States, and the anadromous species and Continental Shelf fishery resources of the United States, by establishing (A) a fishery conservation zone within which the United States will assume exclusive fishery management authority over all fish, except highly migratory species, and (B) exclusive fishery management authority beyond such zone over such anadromous species and Continental Shelf fishery resources;”.
Subsec. (c)(5). Pub. L. 99–659, § 101(c)(1)(B), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “to support and encourage continued active United States efforts to obtain an internationally acceptable treaty, at the Third United Nations Conference on the Law of the Sea, which provides for effective conservation and management of fishery resources.”
1980—Subsec. (b)(6). Pub. L. 96–561 inserted “, and to that end, to ensure that optimum yield determinations promote such development” after “fish off Alaska”.
1978—Subsec. (a)(7). Pub. L. 95–354, § 2(a), substituted “the United States fishing industry” for “United States fishermen”.
Subsec. (b)(6). Pub. L. 95–354, § 2(b), inserted requirement for development by the United States fishing industry.
Miscellaneous
References to the Magnuson-Stevens Fishery Conservation and Management Act or any provision of that Act considered to be references to that Act as it would be in effect if section 401(a) of Pub. L. 108–219 were a provision of that Act, see section 401(c)(1) of Pub. L. 108–219, set out in an Implementation of Pacific Albacore Tuna Treaty note under section 1821 of this title.
Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)],
Pub. L. 96–561, title II, § 238(b),
Effective Date Of 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
Short Title Of Amendment
Pub. L. 112–183, § 1,
Pub. L. 111–348, title I, § 101,
Pub. L. 109–479, § 1(a),
Pub. L. 104–297, § 1(a),
Pub. L. 104–43, title VI, § 601,
Pub. L. 102–582, § 1,
Pub. L. 101–627, § 1(a),
Pub. L. 100–220, § 1,
Pub. L. 96–561, title II, § 201,
Pub. L. 95–6, § 1,
Short Title
Pub. L. 94–265, § 1,
[Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(a)],
[Pub. L. 96–561, title II, § 238(a),
Executive Order
Ex. Ord. No. 12962,
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in furtherance of the purposes of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a–d, and e–j), the Fish and Wildlife Coordination Act (16 U.S.C. 661–666c), the National Environmental Policy Act of 1969 (42 U.S.C. 4321et seq.), the National Marine Sanctuaries Act of 1972 (16 U.S.C. 1431et seq.), the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd–ee), the National Park Service Organic Act (16 U.S.C. 1et seq.), the National Historic Preservation Act (16 U.S.C. 470et seq.), [the] Wilderness Act (16 U.S.C. 1131et seq.), the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801et seq.), the Coastal Zone Management Act [of 1972] (16 U.S.C. 1451et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. 1331et seq.), and other pertinent statutes, and in order to conserve, restore, and enhance aquatic systems to provide for increased recreational fishing opportunities nationwide, it is ordered as follows:
Section 1. Federal Agency Duties. Federal agencies shall, to the extent permitted by law and where practicable, and in cooperation with States and Tribes, improve the quantity, function, sustainable productivity, and distribution of U.S. aquatic resources for increased recreational fishing opportunities by: (a) developing and encouraging partnerships between governments and the private sector to advance aquatic resource conservation and enhance recreational fishing opportunities;
(b) identifying recreational fishing opportunities that are limited by water quality and habitat degradation and promoting restoration to support viable, healthy, and, where feasible, self-sustaining recreational fisheries;
(c) fostering sound aquatic conservation and restoration endeavors to benefit recreational fisheries;
(d) ensuring that recreational fishing shall be managed as a sustainable activity in national wildlife refuges, national parks, national monuments, national marine sanctuaries, marine protected areas, or any other relevant conservation or management areas or activities under any Federal authority, consistent with applicable law;
(e) providing access to and promoting awareness of opportunities for public participation and enjoyment of U.S. recreational fishery resources;
(f) supporting outreach programs designed to stimulate angler participation in the conservation and restoration of aquatic systems;
(g) implementing laws under their purview in a manner that will conserve, restore, and enhance aquatic systems that support recreational fisheries;
(h) establishing cost-share programs, under existing authorities, that match or exceed Federal funds with nonfederal contributions;
(i) evaluating the effects of Federally funded, permitted, or authorized actions on aquatic systems and recreational fisheries and document those effects relative to the purpose of this order; and
(j) assisting private landowners to conserve and enhance aquatic resources on their lands.
Sec. 2. National Recreational Fisheries Coordination Council. A National Recreational Fisheries Coordination Council (“Coordination Council”) is hereby established. The Coordination Council shall consist of seven members, one member designated by each of the following Secretaries—Interior, Commerce, Agriculture, Energy, Transportation, and Defense—and one by the Administrator of the Environmental Protection Agency. The Coordination Council shall: (a) ensure that the social and economic values of healthy aquatic systems that support recreational fisheries are considered by Federal agencies in the course of their actions;
(b) reduce duplicative and cost-inefficient programs among Federal agencies involved in conserving or managing recreational fisheries;
(c) share the latest resource information and management technologies to assist in the conservation and management of recreational fisheries;
(d) assess the implementation of the Conservation Plan required under section 3 of this order; and
(e) develop a biennial report of accomplishments of the Conservation Plan.
The representatives designated by the Secretaries of Commerce and the Interior shall cochair the Coordination Council.
Sec. 3. Recreational Fishery Resources Conservation Plan. (a) Within 12 months of the date of this order, the Coordination Council, in cooperation with Federal agencies, States, and Tribes, and after consulting with the Federally chartered Sport Fishing and Boating Partnership Council, shall develop a comprehensive Recreational Fishery Resources Conservation Plan (“Conservation Plan”).
(b) The Conservation Plan will set forth a 5-year agenda for Federal agencies identified by the Coordination Council. In so doing, the Conservation Plan will establish, to the extent permitted by law and where practicable; (1) measurable objectives to conserve and restore aquatic systems that support viable and healthy recreational fishery resources, (2) actions to be taken by the identified Federal agencies, (3) a method of ensuring the accountability of such Federal agencies, and (4) a comprehensive mechanism to evaluate achievements. The Conservation Plan will, to the extent practicable, be integrated with existing plans and programs, reduce duplication, and will include recommended actions for cooperation with States, Tribes, conservation groups, and the recreational fisheries community.
Sec. 4. Joint Policy for Administering the Endangered Species Act of 1973. All Federal agencies will aggressively work to identify and minimize conflicts between recreational fisheries and their respective responsibilities under the Endangered Species Act of 1973 (“ESA”) (16 U.S.C. 1531et seq.). Within 6 months of the date of this order, the Fish and Wildlife Service and the National Marine Fisheries Service will promote compatibility and reduce conflicts between the administration of the ESA and recreational fisheries by developing a joint agency policy that will; (1) ensure consistency in the administration of the ESA between and within the two agencies, (2) promote collaboration with other Federal, State, and Tribal fisheries managers, and (3) improve and increase efforts to inform nonfederal entities of the requirements of the ESA.
Sec. 5. Sport Fishing and Boating Partnership Council. To assist in the implementation of this order, the Secretary of the Interior shall expand the role of the Sport Fishing and Boating Partnership Council to: (a) monitor specific Federal activities affecting aquatic systems and the recreational fisheries they support;
(b) review and evaluate the relation of Federal policies and activities to the status and conditions of recreational fishery resources; and
(c) prepare an annual report of its activities, findings, and recommendations for submission to the Coordination Council.
Sec. 6. Judicial Review. This order is intended only to improve the internal management of the executive branch and it is not intended to create any right, benefit or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any other person.