§ 1811. — United States sovereign rights to fish and fishery management authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1811]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER II--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND
FISHERY RESOURCES
Sec. 1811. United States sovereign rights to fish and fishery
management authority
(a) In the exclusive economic zone
Except as provided in section 1812 of this title, the United States
claims, and will exercise in the manner provided for in this chapter,
sovereign rights and exclusive fishery management authority over all
fish, and all Continental Shelf fishery resources, within the exclusive
economic zone.
(b) Beyond the exclusive economic zone
The United States claims, and will exercise in the manner provided
for in this chapter, exclusive fishery management authority over the
following:
(1) All anadromous species throughout the migratory range of
each such species beyond the exclusive economic zone; except that
that management authority does not extend to such species during the
time they are found within any waters of a foreign nation.
(2) All Continental Shelf fishery resources beyond the exclusive
economic zone.
(Pub. L. 94-265, title I, Sec. 101, Apr. 13, 1976, 90 Stat. 336; Pub. L.
99-659, title I, Sec. 101(b), Nov. 14, 1986, 100 Stat. 3706; Pub. L.
101-627, title I, Sec. 102(b), Nov. 28, 1990, 104 Stat. 4438; Pub. L.
102-251, title III, Sec. 301(c), Mar. 9, 1992, 106 Stat. 62.)
Amendment of Section
Pub. L. 102-251, title III, Secs. 301(c), 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 (a) is amended
by inserting ``and special areas'' before the period at the end and
subsection (b) is amended by inserting after paragraph (2) the
following new paragraph:
(3) All fishery resources in the special areas.
References in Text
This chapter, referred to in text, 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 set out under section 1801
of this title and Tables.
Amendments
1990--Subsec. (b)(1). Pub. L. 101-627 substituted ``any waters of a
foreign nation'' for ``any foreign nation's territorial sea or exclusive
economic zone (or the equivalent), to the extent that that sea or zone
is recognized by the United States''.
1986--Pub. L. 99-659 amended section generally. Prior to amendment,
section read as follows: ``There is established a zone contiguous to the
territorial sea of the United States to be known as the fishery
conservation zone. The inner boundary of the fishery conservation zone
is a line coterminous with the seaward boundary of each of the coastal
States, and the outer boundary of such zone is a line drawn in such a
manner that each point on it is 200 nautical miles from the baseline
from which the territorial sea is measured.''
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.
Section Referred to in Other Sections
This section is referred to in sections 773, 1827 of this title.
