§ 1861a. — Transition to sustainable fisheries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1861a]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER IV--NATIONAL FISHERY MANAGEMENT PROGRAM
Sec. 1861a. Transition to sustainable fisheries
(a) Fisheries disaster relief
(1) At the discretion of the Secretary or at the request of the
Governor of an affected State or a fishing community, the Secretary
shall determine whether there is a commercial fishery failure due to a
fishery resource disaster as a result of--
(A) natural causes;
(B) man-made causes beyond the control of fishery managers to
mitigate through conservation and management measures; or
(C) undetermined causes.
(2) Upon the determination under paragraph (1) that there is a
commercial fishery failure, the Secretary is authorized to make sums
available to be used by the affected State, fishing community, or by the
Secretary in cooperation with the affected State or fishing community
for assessing the economic and social effects of the commercial fishery
failure, or any activity that the Secretary determines is appropriate to
restore the fishery or prevent a similar failure in the future and to
assist a fishing community affected by such failure. Before making funds
available for an activity authorized under this section, the Secretary
shall make a determination that such activity will not expand the size
or scope of the commercial fishery failure in that fishery or into other
fisheries or other geographic regions.
(3) The Federal share of the cost of any activity carried out under
the authority of this subsection shall not exceed 75 percent of the cost
of that activity.
(4) There are authorized to be appropriated to the Secretary such
sums as are necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
(b) Fishing capacity reduction program
(1) The Secretary, at the request of the appropriate Council for
fisheries under the authority of such Council, or the Governor of a
State for fisheries under State authority, may conduct a fishing
capacity reduction program (referred to in this section as the
``program'') in a fishery if the Secretary determines that the program--
(A) is necessary to prevent or end overfishing, rebuild stocks
of fish, or achieve measurable and significant improvements in the
conservation and management of the fishery;
(B) is consistent with the Federal or State fishery management
plan or program in effect for such fishery, as appropriate, and that
the fishery management plan--
(i) will prevent the replacement of fishing capacity removed
by the program through a moratorium on new entrants,
restrictions on vessel upgrades, and other effort control
measures, taking into account the full potential fishing
capacity of the fleet; and
(ii) establishes a specified or target total allowable catch
or other measures that trigger closure of the fishery or
adjustments to reduce catch; and
(C) is cost-effective and capable of repaying any debt
obligation incurred under section 1279f \1\ of title 46, Appendix.
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\1\ See References in Text note below.
(2) The objective of the program shall be to obtain the maximum
sustained reduction in fishing capacity at the least cost and in a
minimum period of time. To achieve that objective, the Secretary is
authorized to pay--
(A) the owner of a fishing vessel, if such vessel is (i)
scrapped, or (ii) through the Secretary of the department in which
the Coast Guard is operating, subjected to title restrictions that
permanently prohibit and effectively prevent its use in fishing, and
if the permit authorizing the participation of the vessel in the
fishery is surrendered for permanent revocation and the owner
relinquishes any claim associated with the vessel and permit that
could qualify such owner for any present or future limited access
system permit in the fishery for which the program is established;
or
(B) the holder of a permit authorizing participation in the
fishery, if such permit is surrendered for permanent revocation, and
such holder relinquishes any claim associated with the permit and
vessel used to harvest fishery resources under the permit that could
qualify such holder for any present or future limited access system
permit in the fishery for which the program was established.
(3) Participation in the program shall be voluntary, but the
Secretary shall ensure compliance by all who do participate.
(4) The Secretary shall consult, as appropriate, with Councils,
Federal agencies, State and regional authorities, affected fishing
communities, participants in the fishery, conservation organizations,
and other interested parties throughout the development and
implementation of any program under this section.
(c) Program funding
(1) The program may be funded by any combination of amounts--
(A) available under clause (iv) of section 713c-3(b)(1)(A) of
title 15;
(B) appropriated for the purposes of this section;
(C) provided by an industry fee system established under
subsection (d) of this section and in accordance with section 1279f
\1\ of title 46, Appendix; or
(D) provided from any State or other public sources or private
or non-profit organizations.
(2) All funds for the program, including any fees established under
subsection (d) of this section, shall be paid into the fishing capacity
reduction fund established under section 1279f \1\ of title 46,
Appendix.
(d) Industry fee system
(1)(A) If an industry fee system is necessary to fund the program,
the Secretary, at the request of the appropriate Council, may conduct a
referendum on such system. Prior to the referendum, the Secretary, in
consultation with the Council, shall--
(i) identify, to the extent practicable, and notify all permit
or vessel owners who would be affected by the program; and
(ii) make available to such owners information about the
industry fee system describing the schedule, procedures, and
eligibility requirements for the referendum, the proposed program,
and the amount and duration and any other terms and conditions of
the proposed fee system.
(B) The industry fee system shall be considered approved if the
referendum votes which are cast in favor of the proposed system
constitute a two-thirds majority of the participants voting.
(2) Notwithstanding section 1854(d) of this title and consistent
with an approved industry fee system, the Secretary is authorized to
establish such a system to fund the program and repay debt obligations
incurred pursuant to section 1279f \1\ of title 46, Appendix. The fees
for a program established under this section shall--
(A) be determined by the Secretary and adjusted from time to
time as the Secretary considers necessary to ensure the availability
of sufficient funds to repay such debt obligations;
(B) not exceed 5 percent of the ex-vessel value of all fish
harvested from the fishery for which the program is established;
(C) be deducted by the first ex-vessel fish purchaser from the
proceeds otherwise payable to the seller and accounted for and
forwarded by such fish purchasers to the Secretary in such manner as
the Secretary may establish; and
(D) be in effect only until such time as the debt obligation has
been fully paid.
(e) Implementation plan
(1) The Secretary, in consultation with the appropriate Council or
State and other interested parties, shall prepare and publish in the
Federal Register for a 60-day public comment period an implementation
plan, including proposed regulations, for each program. The
implementation plan shall--
(A) define criteria for determining types and numbers of vessels
which are eligible for participation in the program taking into
account characteristics of the fishery, the requirements of
applicable fishery management plans, the needs of fishing
communities, and the need to minimize program costs; and
(B) establish procedures for program participation (such as
submission of owner bid under an auction system or fair market-value
assessment) including any terms and conditions for participation
which the Secretary deems to be reasonably necessary to meet the
goals of the program.
(2) During the 60-day public comment period--
(A) the Secretary shall conduct a public hearing in each State
affected by the program; and
(B) the appropriate Council or State shall submit its comments
and recommendations, if any, regarding the plan and regulations.
(3) Within 45 days after the close of the public comment period, the
Secretary, in consultation with the appropriate Council or State, shall
analyze the public comment received and publish in the Federal Register
a final implementation plan for the program and regulations for its
implementation. The Secretary may not adopt a final implementation plan
involving industry fees or debt obligation unless an industry fee system
has been approved by a referendum under this section.
(Pub. L. 94-265, title III, Sec. 312, as added Pub. L. 104-297, title I,
Sec. 116(a), Oct. 11, 1996, 110 Stat. 3600.)
References in Text
Section 1279f of title 46, Appendix, referred to in subsecs.
(b)(1)(C), (c)(1)(C), (2), and (d)(2), was in the original a reference
to section 1111 of title XI of the Merchant Marine Act, 1936, and was
translated as meaning the section 1111 of that Act added by Pub. L. 104-
297, Sec. 303(a), to reflect the probable intent of Congress. Another
section 1111 of title XI of the Merchant Marine Act, 1936, relating to
loan guarantees for eligible vessels, is classified to section 1279d of
Title 46, Appendix, Shipping.
Prior Provisions
A prior section 312 of Pub. L. 94-265, title III, Apr. 13, 1976, 90
Stat. 359, was set out as an Effective Date note under section 1857 of
this title, prior to being amended generally by Pub. L. 104-297.
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.
Study of Federal Investment in Fisheries
Section 116(b) 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: ``The Secretary of Commerce
shall establish a task force comprised of interested parties to study
and report to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Resources of the House of
Representatives within 2 years of the date of enactment of this Act
[Oct. 11, 1996] on the role of the Federal Government in--
``(1) subsidizing the expansion and contraction of fishing
capacity in fishing fleets managed under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);
and
``(2) otherwise influencing the aggregate capital investments in
fisheries.''
Section Referred to in Other Sections
This section is referred to in title 15 section 713c-3; title 42
section 3149; title 46 App. section 1279f.
