§ 1821. — Foreign fishing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1821]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
Sec. 1821. Foreign fishing
(a) In general
After February 28, 1977, no foreign fishing is authorized within the
exclusive economic zone, or for anadromous species or Continental Shelf
fishery resources beyond the exclusive economic zone, unless such
foreign fishing--
(1) is authorized under subsections (b) or (c) of this section
or section 1824(e) of this title, or under a permit issued under
section 1824(d) of this title;
(2) is not prohibited under subsection (f) of this section; and
(3) is conducted under, and in accordance with, a valid and
applicable permit issued pursuant to section 1824 of this title.
(b) Existing international fishery agreements
Foreign fishing described in subsection (a) of this section may be
conducted pursuant to an international fishery agreement (subject to the
provisions of section 1822(b) or (c) of this title), if such agreement--
(1) was in effect on April 13, 1976; and
(2) has not expired, been renegotiated, or otherwise ceased to
be of force and effect with respect to the United States.
(c) Governing international fishery agreements
Foreign fishing described in subsection (a) of this section may be
conducted pursuant to an international fishery agreement (other than a
treaty) which meets the requirements of this subsection if such
agreement becomes effective after application of section 1823 of this
title. Any such international fishery agreement shall hereafter in this
chapter be referred to as a ``governing international fishery
agreement''. Each governing international fishery agreement shall
acknowledge the exclusive fishery management authority of the United
States, as set forth in this chapter. It is the sense of the Congress
that each such agreement shall include a binding commitment, on the part
of such foreign nation and its fishing vessels, to comply with the
following terms and conditions:
(1) The foreign nation, and the owner or operator of any fishing
vessel fishing pursuant to such agreement, will abide by all
regulations promulgated by the Secretary pursuant to this chapter,
including any regulations promulgated to implement any applicable
fishery management plan or any preliminary fishery management plan.
(2) The foreign nation, and the owner or operator of any fishing
vessel fishing pursuant to such agreement, will abide by the
requirement that--
(A) any officer authorized to enforce the provisions of this
chapter (as provided for in section 1861 of this title) be
permitted--
(i) to board, and search or inspect, any such vessel at
any time,
(ii) to make arrests and seizures provided for in
section 1861(b) of this title whenever such officer has
reasonable cause to believe, as a result of such a search or
inspection, that any such vessel or any person has committed
an act prohibited by section 1857 of this title, and
(iii) to examine and make notations on the permit issued
pursuant to section 1824 of this title for such vessel;
(B) the permit issued for any such vessel pursuant to
section 1824 of this title be prominently displayed in the
wheelhouse of such vessel;
(C) transponders, or such other appropriate position-fixing
and identification equipment as the Secretary of the department
in which the Coast Guard is operating determines to be
appropriate, be installed and maintained in working order on
each such vessel;
(D) United States observers required under subsection (h) of
this section be permitted to be stationed aboard any such vessel
and that all of the costs incurred incident to such stationing,
including the costs of data editing and entry and observer
monitoring, be paid for, in accordance with such subsection, by
the owner or operator of the vessel;
(E) any fees required under section 1824(b)(10) of this
title be paid in advance;
(F) agents be appointed and maintained within the United
States who are authorized to receive and respond to any legal
process issued in the United States with respect to such owner
or operator; and
(G) responsibility be assumed, in accordance with any
requirements prescribed by the Secretary, for the reimbursement
of United States citizens for any loss of, or damage to, their
fishing vessels, fishing gear, or catch which is caused by any
fishing vessel of that nation;
and will abide by any other monitoring, compliance, or enforcement
requirement related to fishery conservation and management which is
included in such agreement.
(3) The foreign nation and the owners or operators of all of the
fishing vessels of such nation shall not, in any year, harvest an
amount of fish which exceeds such nation's allocation of the total
allowable level of foreign fishing, as determined under subsection
(e) of this section.
(4) The foreign nation will--
(A) apply, pursuant to section 1824 of this title, for any
required permits;
(B) deliver promptly to the owner or operator of the
appropriate fishing vessel any permit which is issued under that
section for such vessel;
(C) abide by, and take appropriate steps under its own laws
to assure that all such owners and operators comply with,
section 1824(a) of this title and the applicable conditions and
restrictions established under section 1824(b)(7) of this title;
and
(D) take, or refrain from taking, as appropriate, actions of
the kind referred to in subsection (e)(1) of this section in
order to receive favorable allocations under such subsection.
(d) Total allowable level of foreign fishing
The total allowable level of foreign fishing, if any, with respect
to any fishery subject to the exclusive fishery management authority of
the United States, shall be that portion of the optimum yield of such
fishery which will not be harvested by vessels of the United States, as
determined in accordance with this chapter.
(e) Allocation of allowable level
(1)(A) The Secretary of State, in cooperation with the Secretary,
may make allocations to foreign nations from the total allowable level
of foreign fishing which is permitted with respect to each fishery
subject to the exclusive fishery management authority of the United
States.
(B) From the determinations made under subparagraph (A), the
Secretary of State shall compute the aggregate of all of the fishery
allocations made to each foreign nation.
(C) The Secretary of State shall initially release to each foreign
nation for harvesting up to 50 percent of the allocations aggregate
computed for such nation under subparagraph (B), and such release of
allocation shall be apportioned by the Secretary of State, in
cooperation with the Secretary, among the individual fishery allocations
determined for that nation under subparagraph (A). The basis on which
each apportionment is made under this subparagraph shall be stated in
writing by the Secretary of State.
(D) After the initial release of fishery allocations under
subparagraph (C) to a foreign nation, any subsequent release of an
allocation for any fishery to such nation shall only be made--
(i) after the lapse of such period of time as may be sufficient
for purposes of making the determination required under clause (ii);
and
(ii) if the Secretary of State and the Secretary, after taking
into account the size of the allocation for such fishery and the
length and timing of the fishing season, determine in writing that
such nation is complying with the purposes and intent of this
paragraph with respect to such fishery.
If the foreign nation is not determined under clause (ii) to be in such
compliance, the Secretary of State shall reduce, in a manner and
quantity he considers to be appropriate (I) the remainder of such
allocation, or (II) if all of such allocation has been released, the
next allocation of such fishery, if any, made to such nation.
(E) The determinations required to be made under subparagraphs (A)
and (D)(ii), and the apportionments required to be made under
subparagraph (C), with respect to a foreign nation shall be based on--
(i) whether, and to what extent, such nation imposes tariff
barriers or nontariff barriers on the importation, or otherwise
restricts the market access, of both United States fish and fishery
products, particularly fish and fishery products for which the
foreign nation has requested an allocation;
(ii) whether, and to what extent, such nation is cooperating
with the United States in both the advancement of existing and new
opportunities for fisheries exports from the United States through
the purchase of fishery products from United States processors, and
the advancement of fisheries trade through the purchase of fish and
fishery products from United States fishermen, particularly fish and
fishery products for which the foreign nation has requested an
allocation;
(iii) whether, and to what extent, such nation and the fishing
fleets of such nation have cooperated with the United States in the
enforcement of United States fishing regulations;
(iv) whether, and to what extent, such nation requires the fish
harvested from the exclusive economic zone for its domestic
consumption;
(v) whether, and to what extent, such nation otherwise
contributes to, or fosters the growth of, a sound and economic
United States fishing industry, including minimizing gear conflicts
with fishing operations of United States fishermen, and transferring
harvesting or processing technology which will benefit the United
States fishing industry;
(vi) whether, and to what extent, the fishing vessels of such
nation have traditionally engaged in fishing in such fishery;
(vii) whether, and to what extent, such nation is cooperating
with the United States in, and making substantial contributions to,
fishery research and the identification of fishery resources; and
(viii) such other matters as the Secretary of State, in
cooperation with the Secretary, deems appropriate.
(2)(A) For the purposes of this paragraph--
(i) The term ``certification'' means a certification made by the
Secretary that nationals of a foreign country, directly or
indirectly, are conducting fishing operations or engaging in trade
or taking which diminishes the effectiveness of the International
Convention for the Regulation of Whaling. A certification under this
section shall also be deemed a certification for the purposes of
section 1978(a) of title 22.
(ii) The term ``remedial period'' means the 365-day period
beginning on the date on which a certification is issued with
respect to a foreign country.
(B) If the Secretary issues a certification with respect to any
foreign country, then each allocation under paragraph (1) that--
(i) is in effect for that foreign country on the date of
issuance; or
(ii) is not in effect on such date but would, without regard to
this paragraph, be made to the foreign country within the remedial
period;
shall be reduced by the Secretary of State, in consultation with the
Secretary, by not less than 50 percent.
(C) The following apply for purposes of administering subparagraph
(B) with respect to any foreign country:
(i) If on the date of certification, the foreign country has
harvested a portion, but not all, of the quantity of fish specified
under any allocation, the reduction under subparagraph (B) for that
allocation shall be applied with respect to the quantity not
harvested as of such date.
(ii) If the Secretary notified the Secretary of State that it is
not likely that the certification of the foreign country will be
terminated under section 1978(d) of title 22 before the close of the
period for which an allocation is applicable or before the close of
the remedial period (whichever close first occurs) the Secretary of
State, in consultation with the Secretary, shall reallocate any
portion of any reduction made under subparagraph (B) among one or
more foreign countries for which no certification is in effect.
(iii) If the certification is terminated under such section
1978(d) of title 22 during the remedial period, the Secretary of
State shall return to the foreign country that portion of any
allocation reduced under subparagraph (B) that was not reallocated
under clause (ii); unless the harvesting of the fish covered by the
allocation is otherwise prohibited under this chapter.
(iv) The Secretary may refund or credit, by reason of reduction
of any allocation under this paragraph, any fee paid under section
1824 of this title.
(D) If the certification of a foreign country is not terminated
under section 1978(d) of title 22 before the close of the last day of
the remedial period, the Secretary of State--
(i) with respect to any allocation made to that country and in
effect (as reduced under subparagraph (B)) on such last day, shall
rescind, effective on and after the day after such last day, any
unharvested portion of such allocation; and
(ii) may not thereafter make any allocation to that country
under paragraph (1) until the certification is terminated.
(f) Reciprocity
Foreign fishing shall not be authorized for the fishing vessels of
any foreign nation unless such nation satisfies the Secretary and the
Secretary of State that such nation extends substantially the same
fishing privileges to fishing vessels of the United States, if any, as
the United States extends to foreign fishing vessels.
(g) Preliminary fishery management plans
The Secretary, when notified by the Secretary of State that any
foreign nation has submitted an application under section 1824(b) of
this title shall prepare a preliminary fishery management plan for any
fishery covered by such application if the Secretary determines that no
fishery management plan for that fishery will be prepared and
implemented, pursuant to subchapter IV of this chapter, before March 1,
1977. To the extent practicable, each such plan--
(1) shall contain a preliminary description of the fishery and a
preliminary determination as to--
(A) the optimum yield from such fishery;
(B) when appropriate, the capacity and extent to which
United States fish processors will process that portion of such
optimum yield that will be harvested by vessels of the United
States; and
(C) the total allowable level of foreign fishing with
respect to such fishery;
(2) shall require each foreign fishing vessel engaged or wishing
to engage in such fishery to obtain a permit from the Secretary;
(3) shall require the submission of pertinent data to the
Secretary, with respect to such fishery, as described in section
1853(a)(5) of this title; and
(4) may, to the extent necessary to prevent irreversible effects
from overfishing, with respect to such fishery, contain conservation
and management measures applicable to foreign fishing which--
(A) are determined to be necessary and appropriate for the
conservation and management of such fishery,
(B) are consistent with the national standards, the other
provisions of this chapter, and other applicable law, and
(C) are described in section 1853(b)(2), (3), (4), (5), and
(7) of this title.
Each preliminary fishery management plan shall be in effect with respect
to foreign fishing for which permits have been issued until a fishery
management plan is prepared and implemented, pursuant to subchapter IV
of this chapter, with respect to such fishery. The Secretary may, in
accordance with section 553 of title 5, also prepare and promulgate
interim regulations with respect to any such preliminary plan. Such
regulations shall be in effect until regulations implementing the
applicable fishery management plan are promulgated pursuant to section
1855 of this title.
(h) Full observer coverage program
(1)(A) Except as provided in paragraph (2), the Secretary shall
establish a program under which a United States observer will be
stationed aboard each foreign fishing vessel while that vessel is
engaged in fishing within the exclusive economic zone.
(B) The Secretary shall by regulation prescribe minimum health and
safety standards that shall be maintained aboard each foreign fishing
vessel with regard to the facilities provided for the quartering of, and
the carrying out of observer functions by, United States observers.
(2) The requirement in paragraph (1) that a United States observer
be placed aboard each foreign fishing vessel may be waived by the
Secretary if he finds that--
(A) in a situation where a fleet of harvesting vessels transfers
its catch taken within the exclusive economic zone to another
vessel, aboard which is a United States observer, the stationing of
United States observers on only a portion of the harvesting vessel
fleet will provide a representative sampling of the by-catch of the
fleet that is sufficient for purposes of determining whether the
requirements of the applicable management plans for the by-catch
species are being complied with;
(B) in a situation where the foreign fishing vessel is operating
under a Pacific Insular Area fishing agreement, the Governor of the
applicable Pacific Insular Area, in consultation with the Western
Pacific Council, has established an observer coverage program that
is at least equal in effectiveness to the program established by the
Secretary;
(C) the time during which a foreign fishing vessel will engage
in fishing within the exclusive economic zone will be of such short
duration that the placing of a United States observer aboard the
vessel would be impractical; or
(D) for reasons beyond the control of the Secretary, an observer
is not available.
(3) Observers, while stationed aboard foreign fishing vessels, shall
carry out such scientific, compliance monitoring, and other functions as
the Secretary deems necessary or appropriate to carry out the purposes
of this chapter; and shall cooperate in carrying out such other
scientific programs relating to the conservation and management of
living resources as the Secretary deems appropriate.
(4) In addition to any fee imposed under section 1824(b)(10) of this
title and section 1980(e) of title 22 with respect to foreign fishing
for any year after 1980, the Secretary shall impose, with respect to
each foreign fishing vessel for which a permit is issued under such
section 1824 of this title, a surcharge in an amount sufficient to cover
all the costs of providing a United States observer aboard that vessel.
The failure to pay any surcharge imposed under this paragraph shall be
treated by the Secretary as a failure to pay the permit fee for such
vessel under section 1824(b)(10) of this title. All surcharges collected
by the Secretary under this paragraph shall be deposited in the Foreign
Fishing Observer Fund established by paragraph (5).
(5) There is established in the Treasury of the United States the
Foreign Fishing Observer Fund. The Fund shall be available to the
Secretary as a revolving fund for the purpose of carrying out this
subsection. The Fund shall consist of the surcharges deposited into it
as required under paragraph (4). All payments made by the Secretary to
carry out this subsection shall be paid from the Fund, only to the
extent and in the amounts provided for in advance in appropriation Acts.
Sums in the Fund which are not currently needed for the purposes of this
subsection shall be kept on deposit or invested in obligations of, or
guaranteed by, the United States.
(6) If at any time the requirement set forth in paragraph (1) cannot
be met because of insufficient appropriations, the Secretary shall, in
implementing a supplementary observer program:
(A) certify as observers, for the purposes of this subsection,
individuals who are citizens or nationals of the United States and
who have the requisite education or experience to carry out the
functions referred to in paragraph (3);
(B) establish standards of conduct for certified observers
equivalent to those applicable to Federal personnel;
(C) establish a reasonable schedule of fees that certified
observers or their agents shall be paid by the owners and operators
of foreign fishing vessels for observer services; and
(D) monitor the performance of observers to ensure that it meets
the purposes of this chapter.
(i) Recreational fishing
Notwithstanding any other provision of this subchapter, foreign
fishing vessels which are not operated for profit may engage in
recreational fishing within the exclusive economic zone and the waters
within the boundaries of a State subject to obtaining such permits,
paying such reasonable fees, and complying with such conditions and
restrictions as the Secretary and the Governor of the State (or his
designee) shall impose as being necessary or appropriate to insure that
the fishing activity of such foreign vessels within such zone or waters,
respectively, is consistent with all applicable Federal and State laws
and any applicable fishery management plan implemented under section
1854 of this title. The Secretary shall consult with the Secretary of
State and the Secretary of the Department in which the Coast Guard is
operating in formulating the conditions and restrictions to be applied
by the Secretary under the authority of this subsection.
(Pub. L. 94-265, title II, Sec. 201, Apr. 13, 1976, 90 Stat. 337; Pub.
L. 95-354, Sec. 4(1)-(4), Aug. 28, 1978, 92 Stat. 519, 520; Pub. L. 96-
61, Sec. 3(a), Aug. 15, 1979, 93 Stat. 407; Pub. L. 96-118, Sec. 5, Nov.
16, 1979, 93 Stat. 860; Pub. L 96-561, title II, Secs. 230, 231(a), 236,
Dec. 22, 1980, 94 Stat. 3296, 3297, 3299; Pub. L. 97-453, Sec. 2(a),
Jan. 12, 1983, 96 Stat. 2481; Pub. L. 98-623, title IV, Sec. 404(1),
(2), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 99-386, title II, Sec. 206(a),
Aug. 22, 1986, 100 Stat. 823; Pub. L. 99-659, title I, Secs. 101(c)(2),
103(a), Nov. 14, 1986, 100 Stat. 3707, 3708; Pub. L. 101-627, title I,
Sec. 104, Nov. 28, 1990, 104 Stat. 4439; Pub. L. 102-251, title III,
Sec. 301(d), Mar. 9, 1992, 106 Stat. 63; Pub. L. 103-236, title I,
Sec. 139(24), Apr. 30, 1994, 108 Stat. 399; Pub. L. 104-297, title I,
Sec. 105(a), Oct. 11, 1996, 110 Stat. 3563.)
Amendment of Section
Pub. L. 102-251, title III, Secs. 301(d), 308, Mar. 9, 1992, 106
Stat. 63, 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, this section is amended:
(1) in subsection (a), (A) by inserting ``within the special
areas,'' immediately before ``or for anadromous species'' and (B) by
striking ``beyond the exclusive economic zone'' and inserting in
lieu thereof ``beyond such zone or areas'';
(2) in subsection (e)(1)(E)(IV)[iv], by inserting ``or special
areas'' immediately after ``exclusive economic zone'';
(3) in subsection (i), (A) by inserting ``or special areas''
immediately before the period at the end of paragraph (1)(A), (B) by
inserting ``or special areas'' immediately after ``exclusive
economic zone'' in paragraph (2)(A), and (C) by inserting ``or
special areas'' immediately after ``exclusive economic zone'' in
paragraph (2)(B); and
(4) in subsection (j), (A) by inserting ``, special areas,''
immediately after ``exclusive economic zone'', and (B) by inserting
``, areas,'' immediately after ``such zone''.
References in Text
This chapter, referred to in subsecs. (c), (d), (e)(2)(C)(iii), (g),
and (h)(3), (6)(D), 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
1996--Subsec. (a)(1), (2). Pub. L. 104-297, Sec. 105(a)(1), added
pars. (1) and (2) and struck out former pars. (1) and (2) which read as
follows:
``(1) is authorized under subsection (b) or (c) of this section;
``(2) is not prohibited by subsection (g) of this section; and''.
Subsec. (c)(2)(D). Pub. L. 104-297, Sec. 105(a)(2), substituted
``subsection (h)'' for ``subsection (i)''.
Subsec. (f). Pub. L. 104-297, Sec. 105(a)(3), (4), repealed subsec.
(f) and redesignated subsec. (g) as (f). See 1994 Amendment note below.
Subsec. (g). Pub. L. 104-297, Sec. 105(a)(4), redesignated subsec.
(h) as (g). Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 104-297, Sec. 105(a)(4), redesignated subsec.
(i) as (h). Former subsec. (h) redesignated (g).
Subsec. (h)(2)(B) to (D). Pub. L. 104-297, Sec. 105(a)(5), added
subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D),
respectively.
Subsec. (i). Pub. L. 104-297, Sec. 105(a)(4), (6), redesignated
subsec. (j) as (i) and substituted ``section 1854'' for ``section
1855''. Former subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 104-297, Sec. 105(a)(4), redesignated subsec.
(j) as (i).
1994--Subsec. (f). Pub. L. 103-236 directed the repeal of section
201(f) of the Fishery Conservation and Management Act, 1976, which was
executed by repealing subsec. (f) of this section which was section
201(f) of the Magnuson Fishery Conservation and Management Act. Prior to
repeal, subsec. (f) read as follows: ``The Secretary and the Secretary
of State shall prepare and submit a report to the Congress and the
President, not later than July 1 of each year, setting forth--
``(1) a list of species of all allocations made to foreign
nations pursuant to subsection (e) of this section and all permits
issued pursuant to section 1824(b)(6)(B) of this title; and
``(2) all tariff and nontariff trade barriers imposed by such
nations on the importation of such species from the United States.''
1990--Subsec. (d). Pub. L. 101-627 amended subsec. (d) generally,
limiting the total allowable level of foreign fishing, with respect to
any fishery subject to the exclusive management authority of the United
States, to only that part of the potential fishery yield which is not
harvested by United States fishermen and deleting the alternative method
of determining the total allowable level of foreign fishing based on the
annual fishing level for each harvesting season after the 1980
harvesting season.
1986--Subsecs. (a), (e)(1)(E)(iv). Pub. L. 99-659, Sec. 101(c)(2),
substituted ``exclusive economic zone'' for ``fishery conservation
zone'' in two places.
Subsec. (f). Pub. L. 99-386 substituted ``The Secretary and the
Secretary of State shall'' for ``The Secretary of the Treasury, in
cooperation with the Secretary and the Secretary of State, shall''.
Subsec. (i)(1). Pub. L. 99-659, Secs. 101(c)(2), 103(a)(1), (2),
designated existing provisions as subpar. (A), substituted ``exclusive
economic zone'' for ``fishery conservation zone'', and added subpar.
(B).
Subsec. (i)(2)(A). Pub. L. 99-659, Sec. 101(c)(2), substituted
``exclusive economic zone'' for ``fishery conservation zone''.
Subsec. (i)(2)(B). Pub. L. 99-659, Sec. 103(a)(3), amended subpar.
(B) generally. Prior to amendment, subpar. (B) read as follows: ``with
respect to any foreign fishing vessel while it is engaged in fishing
within the fishery conservation zone--
``(i) the time during which the vessel engages in such fishing
will be of such short duration that the placing of a United States
observer aboard the vessel would be impractical, or
``(ii) the facilities of the vessel for the quartering of a
United States observer, or for the carrying out of observer
functions, are so inadequate or unsafe that the health or safety of
an observer would be jeopardized; or''
Subsec. (j). Pub. L. 99-659, Sec. 101(c)(2), substituted ``exclusive
economic zone'' for ``fishery conservation zone''.
1984--Subsec. (d)(4). Pub. L. 98-623, Sec. 404(1), substituted ``may
allocate'' for ``shall allocate'' in provisions preceding subpar. (A).
Subsec. (e)(1)(A). Pub. L. 98-623, Sec. 404(2)(A), substituted ``may
make allocations to foreign nations from'' for ``shall determine the
allocation among foreign nations of''.
Subsec. (e)(1)(E)(i). Pub. L. 98-623, Sec. 404(2)(B), substituted
``both United States fish and fishery products'' for ``United States
fish or fishery products'' and inserted ``, particularly fish and
fishery products for which the foreign nation has requested an
allocation''.
Subsec. (e)(1)(E)(ii). Pub. L. 98-623, Sec. 404(2)(C), amended
provisions generally, thereby substituting ``in both the advancement of
existing and new opportunities for fisheries exports from the United
States through the purchase of fishery products from United States
processors, and the advancement of fisheries trade through the purchase
of fish and fishery products from United States fishermen, particularly
fish and fishery products for which the foreign nation has requested an
allocation'' for ``in the advancement of existing and new opportunities
for fisheries trade, particularly through the purchase of fish or
fishery products from United States processors or from United States
fishermen''.
1983--Subsec. (c)(2)(D). Pub. L. 97-453, Sec. 2(a)(1), amended par.
(D) generally, substituting ``United States observers required under
subsection (i) of this section be permitted to be stationed aboard any
such vessel and that all of the costs incurred incident to such
stationing, including the costs of data editing and entry and observer
monitoring, be paid for, in accordance with such subsection, by the
owner or operator of the vessel'' for ``duly authorized United States
observers be permitted on board any such vessel and that the United
States be reimbursed for the cost of such observers''.
Subsec. (c)(4)(D). Pub. L. 97-453, Sec. 2(a)(2), added subpar. (D).
Subsec. (d)(4). Pub. L. 97-453, Sec. 2(a)(3), substituted ``may be
allocated'' for ``shall be allocated'' after ``then such portion or
part''.
Subsec. (e)(1). Pub. L. 97-453, Sec. 2(a)(4), designated first
sentence of existing provisions as subpar. (A), added subpars. (B), (C),
and (D), and redesignated former subpars. (A) through (H) as cls. (i)
through (viii) of subpar. (E), respectively.
Subsec. (i)(3). Pub. L. 97-453, Sec. 2(a)(5)(A)(i), substituted
provision that observers, while stationed aboard foreign fishing
vessels, shall carry out such scientific, compliance monitoring, and
other functions as the Secretary deems necessary or appropriate to carry
out the purposes of this chapter and shall cooperate in carrying out
such other scientific programs relating to the conservation and
management of living resources as the Secretary deems appropriate, for
provision that United States observers, while aboard foreign fishing
vessels, were to carry out such scientific and other functions as the
Secretary deemed necessary or appropriate to carry out the purposes of
this chapter.
Subsec. (i)(6). Pub. L. 97-453, Sec. 2(a)(5)(A)(ii), added par. (6).
Subsec. (j). Pub. L. 97-453, Sec. 2(a)(6), added subsec. (j).
1980--Subsec. (d). Pub. L. 96-561, Sec. 230, designated existing
provision as par. (2), substituted provision prescribing the total
allowable level of foreign fishing with respect to any United States
fishery for each harvesting season after the 1980 harvesting season as
the level representing that portion of the optimum yield of such fishery
that will not be harvested by vessels of the United States as determined
in accordance with provisions of this chapter, other than those relating
to the determination of annual fishing levels, or the annual fishing
levels determined pursuant to par. (3) of this section for the
harvesting season for provision prescribing the total allowable level of
foreign fishing with respect to any fishery subject to the exclusive
fishery management authority of the United States as that portion of the
optimum yield of such fishery which will not be harvested by vessels of
the United States, as determined in accordance with provisions of this
chapter, and added pars. (1), (3), and (4).
Subsec. (e). Pub. L. 96-561, Sec. 231(a), substituted ``All such
determinations shall be made by the Secretary of State and the Secretary
on the basis of'' for ``In making any such determination, the Secretary
of State and the Secretary shall consider'', added subpars. (A), (B),
(D), and (E), redesignated former subpars. (A), (B), and (D) as (F),
(G), and (H), respectively, and in subpar. (C) substituted determination
where such nations and the fishing fleets of such nations have
cooperated with the United States in enforcement of United States
fishing regulations for determination where such nations have cooperated
with the United States in enforcement and with respect to conservation
and management of fishery resources.
Subsec. (i). Pub. L. 96-561, Sec. 236, added subsec. (i).
1979--Subsec. (e). Pub. L. 96-61 designated existing provisions as
par. (1), redesignated pars. (1) through (4) as subpars. (A) to (D), and
added par. (2).
Subsec. (e)(2)(D)(i). Pub. L. 96-118 substituted ``unharvested'' for
``harvested''.
1978--Subsec. (a)(2). Pub. L. 95-354, Sec. 4(1), substituted ``(g)''
for ``(f)''.
Subsec. (c)(3). Pub. L. 95-354, Sec. 4(2), substituted ``harvest an
amount of fish which exceeds'' for ``exceed''.
Subsecs. (f) to (h). Pub. L. 95-354, Sec. 4(3), (4), added subsec.
(f), redesignated former subsecs. (f) and (g) as (g) and (h), and in
subsec. (h)(1), as so redesignated, set out existing provisions as cls.
(A) and (C) and added cl. (B).
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.
Effective Date of 1983 Amendment
Section 2(b) of Pub. L. 97-453 provided that: ``The amendments made
by subsection (a)(1) and (5)(A)(ii) [amending this section] shall take
effect January 1, 1984.''
Effective Date of 1980 Amendment
Sections 231(b), 238(b) of Pub. L. 96-561, 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: ``The amendments made by
subsection (a) [amending this section] shall apply with respect to the
1981 harvesting season and harvesting seasons thereafter (as defined in
section 201(d)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act, as amended by section 301) [subsec. (d)(1) of this
section].''
Sections 237, 238(b) of Pub. L. 96-561, 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: ``The amendment made by
section 236 [amending this section] shall take effect October 1, 1981,
and shall apply with respect to permits issued under section 204 of the
Magnuson-Stevens Fishery Conservation and Management Act [section 1824
of this title] after December 31, 1981.''
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.
Foreign Fishing for Atlantic Herring and Mackerel
Pub. L. 104-43, title VIII, Sec. 802, Nov. 3, 1995, 109 Stat. 396,
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--
``(1) no allocation may be made to any foreign nation or vessel
under section 201 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) [16 U.S.C. 1821] in any
fishery for which there is not a fishery management plan implemented
in accordance with that Act [16 U.S.C. 1801 et seq.]; and
``(2) the Secretary of Commerce may not approve the portion of
any permit application submitted under section 204(b) of the Act [16
U.S.C. 1824(b)] which proposes fishing by a foreign vessel for
Atlantic mackerel or Atlantic herring unless--
``(A) the appropriate regional fishery management council
recommends under section 204(b)(5) of that Act that the
Secretary approve such fishing, and
``(B) the Secretary of Commerce includes in the permit any
conditions or restrictions recommended by the appropriate
regional fishery management council with respect to such
fishing.''
Use of Vessel Identification Equipment
Pub. L. 100-629, Sec. 6, Nov. 7, 1988, 102 Stat. 3287, 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:
``(a) The Secretary of State, the Secretary of Commerce, and the
Secretary of the department in which the Coast Guard is operating, as
appropriate, shall exercise their authority under section 201(c)(2)(C)
of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1821) to require the use of transponders or other such
appropriate position-fixing and identification equipment on any vessel
other than a vessel of the United States engaged in fishing in the
United States Exclusive Economic Zone.
``(b) The Secretary of Commerce, after consultation with the
Secretary of Defense, the Secretary of State, and the Secretary of the
department in which the Coast Guard is operating shall report to the
Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science and
Transportation of the Senate within 180 days after the date of enactment
of this Act [Nov. 7, 1988] on the results of their compliance with
subsection (a).''
Section Referred to in Other Sections
This section is referred to in sections 1822, 1824, 1825, 1856,
1857, 1861 of this title.
