United States Code (Last Updated: May 24, 2014) |
Title 16. CONSERVATION |
Chapter 38. FISHERY CONSERVATION AND MANAGEMENT |
SubChapter IV. NATIONAL FISHERY MANAGEMENT PROGRAM |
§ 1853. Contents of fishery management plans
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(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, 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.
Prospective Amendment
Pub. L. 102–251, title III, §§ 301(g), 308,
References In Text
This chapter, referred to in subsecs. (a)(1)(C), (5) and (b)(2)(C), (4), (5), (10), was in the original “this Act”, meaning Pub. L. 94–265,
Amendments
2007—Subsec. (a)(5). Pub. L. 109–479, § 104(a)(1), (2), substituted “charter fishing, and fish processing” for “and charter fishing” and inserted “economic information necessary to meet the requirements of this chapter,” after “number of hauls,”.
Subsec. (a)(9). Pub. L. 109–479, § 101(b), in introductory provisions, substituted “analyze the likely effects, if any, including the cumulative conservation, economic, and social impacts, of the conservation and management measures on, and possible mitigation measures for—” for “describe the likely effects, if any, of the conservation and management measures on—”.
Subsec. (a)(9)(C). Pub. L. 109–479, § 104(a)(3)–(5), added subpar. (C).
Subsec. (a)(13). Pub. L. 109–479, § 104(a)(6), (7), substituted “in the fishery, including its economic impact,” for “in the fishery” and struck out “and” after semicolon at end.
Subsec. (a)(14). Pub. L. 109–479, § 104(a)(8), (9), substituted “allocate, taking into consideration the economic impact of the harvest restrictions or recovery benefits on the fishery participants in each sector,” for “allocate” and “fishery and;” for “fishery.”
Subsec. (a)(15). Pub. L. 109–479, § 104(a)(10), added par. (15).
Subsec. (b)(2). Pub. L. 109–479, § 105(1), (2), designated existing provisions as subpar. (A) and added subpars. (B) and (C).
Subsec. (b)(5). Pub. L. 109–479, § 105(3), substituted “fishery and take into account the different circumstances affecting fisheries from different States and ports, including distances to fishing grounds and proximity to time and area closures;” for “fishery;”.
Subsec. (b)(6). Pub. L. 109–479, § 105(4), added par. (6) and struck out former par. (6) which read as follows: “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;”.
Subsec. (b)(7). Pub. L. 109–479, § 105(5), struck out “(other than economic data)” after “submit data”.
Subsec. (b)(12), (14). Pub. L. 109–479, § 105(6), (7), added par. (12) and redesignated former par. (12) as (14).
Subsec. (d). Pub. L. 109–479, § 106(a)(1), struck out subsec. (d) which related to individual fishing quotas.
2000—Subsec. (d)(1)(A), (5). Pub. L. 106–554 substituted “
1996—Subsec. (a)(1)(A). Pub. L. 104–297, § 108(a)(1), inserted “and rebuild overfished stocks” after “overfishing”.
Subsec. (a)(5). Pub. L. 104–297, § 108(a)(2), inserted “commercial, recreational, and charter fishing in” after “with respect to”.
Subsec. (a)(7). Pub. L. 104–297, § 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, § 108(a)(5), inserted “and fishing communities” after “fisheries”.
Subsec. (a)(10) to (14). Pub. L. 104–297, § 108(a)(4), (6), (7), added pars. (10) to (14).
Subsec. (b)(3). Pub. L. 104–297, § 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, § 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, § 108(c)(3), inserted “and any affected fishing communities” after “fishery”.
Subsec. (b)(8). Pub. L. 104–297, § 108(c)(4), substituted “require that one or more” for “require that”.
Subsec. (b)(10) to (12). Pub. L. 104–297, § 108(c)(5)–(7), added pars. (10) and (11) and redesignated former par. (10) as (12).
Subsec. (c). Pub. L. 104–297, § 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, § 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, § 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, § 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, § 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, § 109(a)(4), (5), added pars. (8) and (9).
Subsec. (b)(1). Pub. L. 101–627, § 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, § 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, § 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, § 109(d), added subsec. (f).
1986—Subsec. (a)(6), (7). Pub. L. 99–659, § 105(a)(1), added pars. (6) and (7).
Subsec. (b)(1). Pub. L. 99–659, § 101(c)(2), substituted “exclusive economic zone” for “fishery conservation zone”.
Subsec. (d). Pub. L. 99–659, § 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, § 6(1), added par. (7) and redesignated former par. (7) as (8).
Subsec. (c). Pub. L. 97–453, § 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, § 6(3), added subsec. (e).
1978—Subsec. (a)(4)(C). Pub. L. 95–354, § 5(2), added subpar. (C).
Subsec. (a)(5). Pub. L. 95–354, § 5(3), inserted provisions relating to estimated processing capacity of, and the actual processing utilized by, United States fish processors.
Effective Date Of Amendment
Pub. L. 109–479, title I, § 104(b),
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
Pub. L. 99–659, title I, § 105(a)(2),
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
Miscellaneous
Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(b)],
Pub. L. 104–297, title I, § 108(b),
Pub. L. 104–297, title I, § 108(f)(1)–(5),
Pub. L. 104–297, title I, § 108(i),