§ 1853. — Contents of fishery management plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1853]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER IV--NATIONAL FISHERY MANAGEMENT PROGRAM
Sec. 1853. Contents of fishery management plans
(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, and charter
fishing in the fishery, including, but not limited to, information
regarding the type and quantity of fishing gear used, catch by
species in numbers of fish or weight thereof, areas in which fishing
was engaged in, time of fishing, number of hauls, and the estimated
processing capacity of, and the actual processing capacity utilized
by, United States fish processors,\1\
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\1\ So in original. The comma probably should be a semicolon.
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(6) consider and 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 safe conduct of the fishery; except that the adjustment shall
not adversely affect conservation efforts in other fisheries or
discriminate among participants in the affected fishery;
(7) describe and identify essential fish habitat for the fishery
based on the guidelines established by the Secretary under section
1855(b)(1)(A) of this title, minimize to the extent practicable
adverse effects on such habitat caused by fishing, and identify
other actions to encourage the conservation and enhancement of such
habitat;
(8) in the case of a fishery management plan that, after January
1, 1991, is submitted to the Secretary for review under section
1854(a) of this title (including any plan for which an amendment is
submitted to the Secretary for such review) or is prepared by the
Secretary, assess and specify the nature and extent of scientific
data which is needed for effective implementation of the plan;
(9) include a fishery impact statement for the plan or amendment
(in the case of a plan or amendment thereto submitted to or prepared
by the Secretary after October 1, 1990) which shall assess, specify,
and describe the likely effects, if any, of the conservation and
management measures on--
(A) participants in the fisheries and fishing communities
affected by the plan or amendment; and
(B) participants in the fisheries conducted in adjacent
areas under the authority of another Council, after consultation
with such Council and representatives of those participants;
(10) specify objective and measurable criteria for identifying
when the fishery to which the plan applies is overfished (with an
analysis of how the criteria were determined and the relationship of
the criteria to the reproductive potential of stocks of fish in that
fishery) and, in the case of a fishery which the Council or the
Secretary has determined is approaching an overfished condition or
is overfished, contain conservation and management measures to
prevent overfishing or end overfishing and rebuild the fishery;
(11) establish a standardized reporting methodology to assess
the amount and type of bycatch occurring in the fishery, and include
conservation and management measures that, to the extent practicable
and in the following priority--
(A) minimize bycatch; and
(B) minimize the mortality of bycatch which cannot be
avoided;
(12) assess the type and amount of fish caught and released
alive during recreational fishing under catch and release fishery
management programs and the mortality of such fish, and include
conservation and management measures that, to the extent
practicable, minimize mortality and ensure the extended survival of
such fish;
(13) include a description of the commercial, recreational, and
charter fishing sectors which participate in the fishery and, to the
extent practicable, quantify trends in landings of the managed
fishery resource by the commercial, recreational, and charter
fishing sectors; and
(14) to the extent that rebuilding plans or other conservation
and management measures which reduce the overall harvest in a
fishery are necessary, allocate any harvest restrictions or recovery
benefits fairly and equitably among the commercial, recreational,
and charter fishing sectors in the fishery.
(b) Discretionary provisions
Any fishery management plan which is prepared by any Council, or by
the Secretary, with respect to any fishery, may--
(1) require a permit to be obtained from, and fees to be paid
to, the Secretary, with respect to--
(A) 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;
(B) the operator of any such vessel; or
(C) any United States fish processor who first receives fish
that are subject to the plan;
(2) designate zones where, and periods when, fishing shall be
limited, or shall not be permitted, or shall be permitted only by
specified types of fishing vessels or with specified types and
quantities of fishing gear;
(3) establish specified limitations which are necessary and
appropriate for the conservation and management of the fishery on
the--
(A) catch of fish (based on area, species, size, number,
weight, sex, bycatch, total biomass, or other factors);
(B) sale of fish caught during commercial, recreational, or
charter fishing, consistent with any applicable Federal and
State safety and quality requirements; and
(C) transshipment or transportation of fish or fish products
under permits issued pursuant to section 1824 of this title;
(4) prohibit, limit, condition, or require the use of specified
types and quantities of fishing gear, fishing vessels, or equipment
for such vessels,, including devices which may be required to
facilitate enforcement of the provisions of this chapter;
(5) incorporate (consistent with the national standards, the
other provisions of this chapter, and any other applicable law) the
relevant fishery conservation and management measures of the coastal
States nearest to the fishery;
(6) 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;
(7) require fish processors who first receive fish that are
subject to the plan to submit data (other than economic data) which
are necessary for the conservation and management of the fishery;
(8) require that one or more observers be carried on board a
vessel of the United States engaged in fishing for species that are
subject to the plan, for the purpose of collecting data necessary
for the conservation and management of the fishery; except that such
a vessel shall not be required to carry an observer on board if the
facilities of the vessel for the quartering of an observer, or for
carrying out observer functions, are so inadequate or unsafe that
the health or safety of the observer or the safe operation of the
vessel would be jeopardized;
(9) assess and specify the effect which the conservation and
management measures of the plan will have on the stocks of naturally
spawning anadromous fish in the region;
(10) include, consistent with the other provisions of this
chapter, conservation and management measures that provide harvest
incentives for participants within each gear group to employ fishing
practices that result in lower levels of bycatch or in lower levels
of the mortality of bycatch;
(11) reserve a portion of the allowable biological catch of the
fishery for use in scientific research; and
(12) 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.
(d) Individual fishing quotas
(1)(A) A Council may not submit and the Secretary may not approve or
implement before October 1, 2002, any fishery management plan, plan
amendment, or regulation under this chapter which creates a new
individual fishing quota program.
(B) Any fishery management plan, plan amendment, or regulation
approved by the Secretary on or after January 4, 1995, which creates any
new individual fishing quota program shall be repealed and immediately
returned by the Secretary to the appropriate Council and shall not be
resubmitted, reapproved, or implemented during the moratorium set forth
in subparagraph (A).
(2)(A) No provision of law shall be construed to limit the authority
of a Council to submit and the Secretary to approve the termination or
limitation, without compensation to holders of any limited access system
permits, of a fishery management plan, plan amendment, or regulation
that provides for a limited access system, including an individual
fishing quota program.
(B) This subsection shall not be construed to prohibit a Council
from submitting, or the Secretary from approving and implementing,
amendments to the North Pacific halibut and sablefish, South Atlantic
wreckfish, or Mid-Atlantic surf clam and ocean (including mahogany)
quahog individual fishing quota programs.
(3) An individual fishing quota or other limited access system
authorization--
(A) shall be considered a permit for the purposes of sections
1857, 1858, and 1859 of this title;
(B) may be revoked or limited at any time in accordance with
this chapter;
(C) shall not confer any right of compensation to the holder of
such individual fishing quota or other such limited access system
authorization if it is revoked or limited; and
(D) shall not create, or be construed to create, any right,
title, or interest in or to any fish before the fish is harvested.
(4)(A) A Council may submit, and the Secretary may approve and
implement, a program which reserves up to 25 percent of any fees
collected from a fishery under section 1854(d)(2) of this title to be
used, pursuant to section 1274(a)(7) of title 46, Appendix, to issue
obligations that aid in financing the--
(i) purchase of individual fishing quotas in that fishery by
fishermen who fish from small vessels; and
(ii) first-time purchase of individual fishing quotas in that
fishery by entry level fishermen.
(B) A Council making a submission under subparagraph (A) shall
recommend criteria, consistent with the provisions of this chapter, that
a fisherman must meet to qualify for guarantees under clauses (i) and
(ii) of subparagraph (A) and the portion of funds to be allocated for
guarantees under each clause.
(5) In submitting and approving any new individual fishing quota
program on or after October 1, 2002, the Councils and the Secretary
shall consider the report of the National Academy of Sciences required
under section 108(f) of the Sustainable Fisheries Act, and any
recommendations contained in such report, and shall ensure that any such
program--
(A) establishes procedures and requirements for the review and
revision of the terms of any such program (including any revisions
that may be necessary once a national policy with respect to
individual fishing quota programs is implemented), and, if
appropriate, for the renewal, reallocation, or reissuance of
individual fishing quotas;
(B) provides for the effective enforcement and management of any
such program, including adequate observer coverage, and for fees
under section 1854(d)(2) of this title to recover actual costs
directly related to such enforcement and management; and
(C) provides for a fair and equitable initial allocation of
individual fishing quotas, prevents any person from acquiring an
excessive share of the individual fishing quotas issued, and
considers the allocation of a portion of the annual harvest in the
fishery for entry-level fishermen, small vessel owners, and crew
members who do not hold or qualify for individual fishing quotas.
(Pub. L. 94-265, title III, Sec. 303, Apr. 13, 1976, 90 Stat. 351; Pub.
L. 95-354, Sec. 5(2), (3), Aug. 28, 1978, 92 Stat. 521; Pub. L. 97-453,
Sec. 6, Jan. 12, 1983, 96 Stat. 2486; Pub. L. 99-659, title I,
Secs. 101(c)(2), 105(a)(1), (b), Nov. 14, 1986, 100 Stat. 3707, 3711;
Pub. L. 101-627, title I, Sec. 109, Nov. 28, 1990, 104 Stat. 4447; Pub.
L. 102-251, title III, Sec. 301(g), Mar. 9, 1992, 106 Stat. 64; Pub. L.
104-297, title I, Sec. 108(a), (c)-(e), Oct. 11, 1996, 110 Stat. 3574-
3576; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 144(a)(1),
(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-238.)
Amendment of Subsection (b)(1)(A)
Pub. L. 102-251, title III, Secs. 301(g), 308, Mar. 9, 1992, 106
Stat. 64, 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)(A) is
amended by inserting ``or special areas,'' after ``exclusive
economic zone'' and ``or areas'' after ``such zone''.
References in Text
Section 108(f) of the Sustainable Fisheries Act, referred to in
subsec. (d)(5), is section 108(f) of Pub. L. 104-297, which enacted
provisions set out as a note below and repealed provisions formerly set
out as a note under section 1851 of this title.
Amendments
2000--Subsec. (d)(1)(A), (5). Pub. L. 106-554 substituted ``October
1, 2002,'' for ``October 1, 2000,''.
1996--Subsec. (a)(1)(A). Pub. L. 104-297, Sec. 108(a)(1), inserted
``and rebuild overfished stocks'' after ``overfishing''.
Subsec. (a)(5). Pub. L. 104-297, Sec. 108(a)(2), inserted
``commercial, recreational, and charter fishing in'' after ``with
respect to''.
Subsec. (a)(7). Pub. L. 104-297, Sec. 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, Sec. 108(a)(5), inserted ``and
fishing communities'' after ``fisheries''.
Subsec. (a)(10) to (14). Pub. L. 104-297, Sec. 108(a)(4), (6), (7),
added pars. (10) to (14).
Subsec. (b)(3). Pub. L. 104-297, Sec. 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, Sec. 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, Sec. 108(c)(3), inserted ``and
any affected fishing communities'' after ``fishery''.
Subsec. (b)(8). Pub. L. 104-297, Sec. 108(c)(4), substituted
``require that one or more'' for ``require that''.
Subsec. (b)(10) to (12). Pub. L. 104-297, Sec. 108(c)(5)-(7), added
pars. (10) and (11) and redesignated former par. (10) as (12).
Subsec. (c). Pub. L. 104-297, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 109(a)(4), (5), added
pars. (8) and (9).
Subsec. (b)(1). Pub. L. 101-627, Sec. 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, Sec. 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, Sec. 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, Sec. 109(d), added subsec. (f).
1986--Subsec. (a)(6), (7). Pub. L. 99-659, Sec. 105(a)(1), added
pars. (6) and (7).
Subsec. (b)(1). Pub. L. 99-659, Sec. 101(c)(2), substituted
``exclusive economic zone'' for ``fishery conservation zone''.
Subsec. (d). Pub. L. 99-659, Sec. 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, Sec. 6(1), added par. (7)
and redesignated former par. (7) as (8).
Subsec. (c). Pub. L. 97-453, Sec. 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, Sec. 6(3), added subsec. (e).
1978--Subsec. (a)(4)(C). Pub. L. 95-354, Sec. 5(2), added subpar.
(C).
Subsec. (a)(5). Pub. L. 95-354, Sec. 5(3), inserted provisions
relating to estimated processing capacity of, and the actual processing
utilized by, United States fish processors.
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 1986 Amendment
Section 105(a)(2) of Pub. L. 99-659 provided that: ``The amendments
made by paragraph (1) [amending this section] apply to each fishery
management plan that--
``(A) is submitted to the Secretary of Commerce for review under
section 304(a) of the Act [16 U.S.C. 1854(a)], or that is prepared
by the Secretary, after January 1, 1987; or
``(B) is in effect on that date, but compliance with those
amendments is not required except in conjunction with the amendment
to the plan next occurring after that date.''
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.
Exceptions to Subsection (d)(1) and Section 1883 Plan Restrictions
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 144(b)], Dec.
21, 2000, 114 Stat. 2763, 2763A-238, provided that: ``Notwithstanding
sections 303(d)(1)(A) and 303(d)(1)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act [16 U.S.C. 1853(d)(1)(A), (B)], as
amended by this section, the Pacific Fishery Management Council may
recommend and the Secretary of Commerce may approve and implement any
fishery management plan, plan amendment, or regulation, for fixed gear
sablefish subject to the jurisdiction of such Council, that--
``(1) allows the use of more than one groundfish fishing permit
by each fishing vessel; and/or
``(2) sets cumulative trip limit periods, up to 12 months in any
calendar year, that allow fishing vessels a reasonable opportunity
to harvest the full amount of the associated trip limits.
Notwithstanding subsection (a) [amending this section and section 1883
of this title], the Gulf of Mexico Fishery Management Council may
develop a biological, economic, and social profile of any fishery under
its jurisdiction that may be considered for management under a quota
management system, including the benefits and consequences of the quota
management systems considered. The North Pacific Fishery Management
Council shall examine the fisheries under its jurisdiction, particularly
the Gulf of Alaska groundfish and Bering Sea crab fisheries, to
determine whether rationalization is needed. In particular, the North
Pacific Council shall analyze individual fishing quotas, processor
quotas, cooperatives, and quotas held by communities. The analysis
should include an economic analysis of the impact of all options on
communities and processors as well as the fishing fleets. The North
Pacific Council shall present its analysis to the appropriations and
authorizing committees of the Senate and House of Representatives in a
timely manner.''
Implementation of Amendments to Plans Required by Section 108(a) of Pub.
L. 104-297
Section 108(b) of Pub. L. 104-297 provided that: ``Not later than 24
months after the date of enactment of this Act [Oct. 11, 1996], each
Regional Fishery Management Council shall submit to the Secretary of
Commerce amendments to each fishery management plan under its authority
to comply with the amendments made in subsection (a) of this section
[amending this section].''
Individual Fishing Quota Report
Section 108(f)(1) to (5) of Pub. L. 104-297, 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:
``(1) Not later than October 1, 1998, the National Academy of
Sciences, in consultation with the Secretary of Commerce and the
Regional Fishery Management Councils, shall submit to the Congress a
comprehensive final report on individual fishing quotas, which shall
include recommendations to implement a national policy with respect to
individual fishing quotas. The report shall address all aspects of such
quotas, including an analysis of--
``(A) the effects of limiting or prohibiting the transferability
of such quotas;
``(B) mechanisms to prevent foreign control of the harvest of
United States fisheries under individual fishing quota programs,
including mechanisms to prohibit persons who are not eligible to be
deemed a citizen of the United States for the purpose of operating a
vessel in the coastwise trade under section 2(a) and section 2(c) of
the Shipping Act, 1916 (46 [App.] U.S.C. 802(a) and (c)) from
holding individual fishing quotas;
``(C) the impact of limiting the duration of individual fishing
quota programs;
``(D) the impact of authorizing Federal permits to process a
quantity of fish that correspond to individual fishing quotas, and
of the value created for recipients of any such permits, including a
comparison of such value to the value of the corresponding
individual fishing quotas;
``(E) mechanisms to provide for diversity and to minimize
adverse social and economic impacts on fishing communities, other
fisheries affected by the displacement of vessels, and any impacts
associated with the shifting of capital value from fishing vessels
to individual fishing quotas, as well as the use of capital
construction funds to purchase individual fishing quotas;
``(F) mechanisms to provide for effective monitoring and
enforcement, including the inspection of fish harvested and
incentives to reduce bycatch, and in particular economic discards;
``(G) threshold criteria for determining whether a fishery may
be considered for individual fishing quota management, including
criteria related to the geographical range, population dynamics and
condition of a fish stock, the socioeconomic characteristics of a
fishery (including participants' involvement in multiple fisheries
in the region), and participation by commercial, charter, and
recreational fishing sectors in the fishery;
``(H) mechanisms to ensure that vessel owners, vessel masters,
crew members, and United States fish processors are treated fairly
and equitably in initial allocations, to require persons holding
individual fishing quotas to be on board the vessel using such
quotas, and to facilitate new entry under individual fishing quota
programs;
``(I) potential social and economic costs and benefits to the
nation, individual fishing quota recipients, and any recipients of
Federal permits described in subparagraph (D) under individual
fishing quota programs, including from capital gains revenue, the
allocation of such quotas or permits through Federal auctions,
annual fees and transfer fees at various levels, or other measures;
``(J) the value created for recipients of individual fishing
quotas, including a comparison of such value to the value of the
fish harvested under such quotas and to the value of permits created
by other types of limited access systems, and the effects of
creating such value on fishery management and conservation; and
``(K) such other matters as the National Academy of Sciences
deems appropriate.
``(2) The report shall include a detailed analysis of individual
fishing quota programs already implemented in the United States,
including the impacts: of any limits on transferability, on past and
present participants, on fishing communities, on the rate and total
amount of bycatch (including economic and regulatory discards) in the
fishery, on the safety of life and vessels in the fishery, on any excess
harvesting or processing capacity in the fishery, on any gear conflicts
in the fishery, on product quality from the fishery, on the
effectiveness of enforcement in the fishery, on the size and composition
of fishing vessel fleets, on the economic value created by individual
fishing quotas for initial recipients and non-recipients, on
conservation of the fishery resource, on fishermen who rely on
participation in several fisheries, on the success in meeting any
fishery management plan goals, and the fairness and effectiveness of the
methods used for allocating quotas and controlling transferability. The
report shall also include any information about individual fishing quota
programs in other countries that may be useful.
``(3) The report shall identify and analyze alternative conservation
and management measures, including other limited access systems such as
individual transferable effort systems, that could accomplish the same
objectives as individual fishing quota programs, as well as
characteristics that are unique to individual fishing quota programs.
``(4) The Secretary of Commerce shall, in consultation with the
National Academy of Sciences, the Councils, the fishing industry,
affected States, conservation organizations and other interested
persons, establish two individual fishing quota review groups to assist
in the preparation of the report, which shall represent: (A) Alaska,
Hawaii, and the other Pacific coastal States; and (B) Atlantic coastal
States and the Gulf of Mexico coastal States. The Secretary shall, to
the extent practicable, achieve a balanced representation of viewpoints
among the individuals on each review group. The review groups shall be
deemed to be advisory panels under section 302(g) of the Magnuson-
Stevens Fishery Conservation and Management Act [16 U.S.C. 1852(g)], as
amended by this Act.
``(5) The Secretary of Commerce, in consultation with the National
Academy of Sciences and the Councils, shall conduct public hearings in
each Council region to obtain comments on individual fishing quotas for
use by the National Academy of Sciences in preparing the report required
by this subsection. The National Academy of Sciences shall submit a
draft report to the Secretary of Commerce by January 1, 1998. The
Secretary of Commerce shall publish in the Federal Register a notice and
opportunity for public comment on the draft of the report, or any
revision thereof. A detailed summary of comments received and views
presented at the hearings, including any dissenting views, shall be
included by the National Academy of Sciences in the final report.''
Existing Quota Plans
Section 108(i) of Pub. L. 104-297 provided that: ``Nothing in this
Act [see Short Title of 1996 Amendment note under section 1801 of this
title] or the amendments made by this Act shall be construed to require
a reallocation of individual fishing quotas under any individual fishing
quota program approved by the Secretary before January 4, 1995.''
Section Referred to in Other Sections
This section is referred to in sections 773c, 1821, 1852, 1854,
1855, 1862, 1881, 1883 of this title; title 46 App. section 1274.
