§ 1801. — Findings, purposes and policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1801]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER I--GENERALLY
Sec. 1801. Findings, purposes and policy
(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.
(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.
(Pub. L. 94-265, Sec. 2, Apr. 13, 1976, 90 Stat. 331; Pub. L. 95-354,
Sec. 2, Aug. 28, 1978, 92 Stat. 519; Pub. L. 96-561, title II, Sec. 233,
Dec. 22, 1980, 94 Stat. 3299; Pub. L. 99-659, title I, Sec. 101(c)(1),
Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101-627, title I, Sec. 101, Nov.
28, 1990, 104 Stat. 4437; Pub. L. 102-251, title III, Sec. 301(a), Mar.
9, 1992, 106 Stat. 62; Pub. L. 104-297, title I, Sec. 101, Oct. 11,
1996, 110 Stat. 3560.)
Amendment of Subsection (b)(1)
Pub. L. 102-251, title III, Secs. 301(a), 308, Mar. 9, 1992, 106
Stat. 62, 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) is
amended by inserting ``, and fishery resources in the special
areas'' before the semicolon at the end.
References in Text
This chapter, referred to in subsecs. (b) and (c), was in the
original ``this Act'', meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat.
331, as amended, known as the Magnuson-Stevens Fishery Conservation and
Management Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title note
below and Tables.
Presidential Proclamation 5030, referred to in subsec. (b)(1), is
set out under section 1453 of this title.
Amendments
1996--Subsec. (a)(2). Pub. L. 104-297, Sec. 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, Sec. 101(2), inserted ``to
facilitate long-term protection of essential fish habitats,'' after ``to
insure conservation,''.
Subsec. (a)(9), (10). Pub. L. 104-297, Sec. 101(3), added pars. (9)
and (10).
Subsec. (b)(3). Pub. L. 104-297, Sec. 101(4), substituted
``principles, including the promotion of catch and release programs in
recreational fishing'' for ``principles''.
Subsec. (b)(5). Pub. L. 104-297, Sec. 101(5), struck out ``and''
after semicolon at end.
Subsec. (b)(6). Pub. L. 104-297, Sec. 101(6), substituted
``development in a non-wasteful manner; and'' for ``development.''
Subsec. (b)(7). Pub. L. 104-297, Sec. 101(7), added par. (7).
Subsec. (c)(3). Pub. L. 104-297, Sec. 101(8), substituted
``considers efficiency'' for ``promotes efficiency'' and inserted
``minimize bycatch and'' after ``practical measures that''.
Subsec. (c)(7). Pub. L. 104-297, Sec. 101(9)-(11), added par. (7).
1990--Subsec. (a)(8). Pub. L. 101-627, Sec. 101(a), added par. (8).
Subsec. (b)(1)(A). Pub. L. 101-627, Sec. 101(b)(1), struck out
``except highly migratory species'' after ``fish''.
Subsec. (b)(5). Pub. L. 101-627, Sec. 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, Sec. 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, Sec. 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, Sec. 101(c)(4), added par. (6).
1986--Subsec. (b)(1). Pub. L. 99-659, Sec. 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, Sec. 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, Sec. 2(a), substituted ``the
United States fishing industry'' for ``United States fishermen''.
Subsec. (b)(6). Pub. L. 95-354, Sec. 2(b), inserted requirement for
development by the United States fishing industry.
References to Magnuson Fishery Conservation and Management Act
Redesignated as References to Magnuson-Stevens Fishery
Conservation and Management Act
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:
``Effective 15 days after the enactment of the Sustainable Fisheries Act
[Pub. L. 104-297, enacted Oct. 11, 1996], all references to the Magnuson
Fishery Conservation and Management Act [see Short Title note below]
shall be redesignated as references to the Magnuson-Stevens Fishery
Conservation and Management Act.''
References to Fishery Conservation and Management Act of 1976
Redesignated as References to Magnuson Fishery Conservation and
Management Act
Section 238(b) of title II of Pub. L. 96-561 provided that:
``Effective 15 days after the date of enactment of this title [Dec. 22,
1980], all references to the Fishery Conservation and Management Act of
1976 [see Short title note below] shall be redesignated as references to
the Magnuson Fishery Conservation and Management Act.''
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.
Short Title of 1996 Amendment
Section 1(a) of Pub. L. 104-297 provided that: ``This Act [enacting
sections 1803, 1861a, 1881 to 1881d, 1883, 5107a, and 5107b of this
title and sections 1279f and 1279g of Title 46, Appendix, Shipping,
amending this section, sections 757d, 1362, 1802, 1812, 1821 to 1824,
1826, 1851 to 1858, 1860, 1861, 1862, 1863, 1882, 1883, 4107, 5102,
5103, and 5108 of this title, section 713c-3 of Title 15, Commerce and
Trade, and section 1274 of Title 46, Appendix, enacting provisions set
out as notes under sections 1802, 1853 to 1856, 1861a, and 1881c of this
title and section 1245 of Title 46, Appendix, amending provisions set
out as a note under section 971c of this title, and repealing provisions
set out as a note under section 1851 of this title] may be cited as the
`Sustainable Fisheries Act'.''
Short Title of 1995 Amendment
Pub. L. 104-43, title VI, Sec. 601, Nov. 3, 1995, 109 Stat. 391,
provided that: ``This title [enacting sections 1826d to 1826g of this
title and provisions set out as a note under section 1826d of this
title] may be cited as the `High Seas Driftnet Fishing Moratorium
Protection Act'.''
Short Title of 1992 Amendment
Pub. L. 102-582, Sec. 1, Nov. 2, 1992, 106 Stat. 4900, provided
that: ``This Act [enacting sections 1826a to 1826c of this title and
section 1707a of Title 46, Appendix, Shipping, amending sections 1362,
1371, 1852, and 1862 of this title, section 1978 of Title 22, Foreign
Relations and Intercourse, and section 2110 of Title 46, repealing
section 1111c of Title 46, Appendix, and enacting provisions set out as
notes under sections 1823, 1826a, and 1861 of this title and section
2110 of Title 46] may be cited as the `High Seas Driftnet Fisheries
Enforcement Act'.''
Short Title of 1990 Amendment
Section 1(a) of Pub. L. 101-627 provided that: ``The Act [enacting
sections 971b-1, 1385, and 1862 of this title, amending this section,
sections 757d, 758e-5, 971a, 971b, 971d, 971h, 1371, 1802, 1811, 1812,
1821, 1822, 1824 to 1826, 1852 to 1861, 1882, 4005, 4006, 4008, 4103,
and 4107 of this title, section 713c-3 of Title 15, Commerce and Trade,
and section 1977 of Title 22, Foreign Relations and Intercourse, and
enacting provisions set out as notes under sections 971a, 1373, 1802,
1812, 1822, 1825, 1854, 4004, and 4005 of this title] may be cited as
the `Fishery Conservation Amendments of 1990'.''
Short Title of 1987 Amendment
Pub. L. 100-220, Sec. 1, Dec. 29, 1987, 101 Stat. 1458, provided
that: ``This Act [enacting section 1912 of Title 33, Navigation and
Navigable Waters, amending sections 1121 to 1131, 1901 to 1903, 1905,
and 1907 to 1909 of Title 33, and enacting provisions set out as notes
under this section, sections 1822 and 1823 of this title, sections 883a,
1121, 1125, 1901, 1902, and 2267 of Title 33, and section 6981 of Title
42, The Public Health and Welfare] may be cited as the `United States-
Japan Fishery Agreement Approval Act of 1987'.''
Short Title of 1980 Amendment
Section 201 of title II of Pub. L. 96-561 provided that: ``This
title [enacting section 1511b of Title 15, Commerce and Trade, amending
sections 917, 1801, 1821, 1824, 1852, and 1855 of this title, section
713c-3 of Title 15, sections 1972 and 1980 of Title 22, Foreign
Relations and Intercourse, section 1321 of Title 33, Navigation and
Navigable Waters, section 1843 of Title 43, Public Lands, and sections
1271, 1273, 1274, and 1275 of Title 46, Appendix, Shipping, and enacting
provisions set out as notes under this section, sections 742c, 1821, and
1824 of this title, and section 1980 of Title 22] may be cited as the
`American Fisheries Promotion Act'.''
Short Title of 1977 Amendment
Pub. L. 95-6, Sec. 1, Feb. 21, 1977, 91 Stat. 14, provided: ``That
this joint resolution [enacting section 1826 of this title, repealing
sections 981 to 991 of this title, and enacting provisions set out as
notes under sections 981 and 1823 of this title] may be cited as the
`Fishery Conservation Zone Transition Act'.''
Short Title
Section 1 of Pub. L. 94-265, as amended by Pub. L. 96-561, title II,
Sec. 238(a), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104-208, div. A,
title I, Sec. 101(a) [title II, Sec. 211(a)], Sept. 30, 1996, 110 Stat.
3009, 3009-41, provided: ``That this Act [enacting this chapter,
amending section 971 of this title and sections 1972 and 1973 of Title
22, Foreign Relations and Intercourse, enacting provisions set out as
notes under this section and sections 971, 1362, 1857 of this title, and
sections 1972 and 1973 of Title 22, and repealing chapters 21 and 21A of
this title] may be cited as the `Magnuson-Stevens Fishery Conservation
and Management Act'.''
[Section 101(a) [title II, Sec. 211(a)] of div. A of Pub. L. 104-208
provided that the amendment made by that section to section 1 of Pub. L.
94-265, set out above, is effective 15 days after Oct. 11, 1996.]
[Section 238(a) of Pub. L. 96-561 provided that the amendment made
by that section to section 1 of Pub. L. 94-265, set out above, is
effective 15 days after Dec. 22, 1980.]
Ex. Ord. No. 12962. Recreational Fisheries
Ex. Ord. No. 12962, June 7, 1995, 60 F.R. 30769, provided:
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. 4321 et seq.),
and the Magnuson Fishery Conservation and Management Act (16 U.S.C.
1801-1882), 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) providing access to and promoting awareness of opportunities for
public participation and enjoyment of U.S. recreational fishery
resources;
(e) supporting outreach programs designed to stimulate angler
participation in the conservation and restoration of aquatic systems;
(f) implementing laws under their purview in a manner that will
conserve, restore, and enhance aquatic systems that support recreational
fisheries;
(g) establishing cost-share programs, under existing authorities,
that match or exceed Federal funds with nonfederal contributions;
(h) 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
(i) 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. 1531 et 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.
William J. Clinton.
