§ 773c. — General responsibility.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC773c]
TITLE 16--CONSERVATION
CHAPTER 10--NORTHERN PACIFIC HALIBUT FISHING
SUBCHAPTER IV--NORTHERN PACIFIC HALIBUT ACT OF 1982
Sec. 773c. General responsibility
(a) Secretary of Commerce
The Secretary shall have general responsibility to carry out the
Convention and this subchapter.
(b) Adoption of regulations; cooperation with Canadian officials
In fulfilling this responsibility, the Secretary--
(1) shall, in consultation with the Secretary of the department
in which the Coast Guard is operating, adopt such regulations as may
be necessary to carry out the purposes and objectives of the
Convention and this subchapter; and
(2) may, with the concurrence of the Secretary of State,
cooperate with the duly authorized officials of the Government of
Canada.
(c) Regional Fishery Management Council involvement
The Regional Fishery Management Council having authority for the
geographic area concerned may develop regulations governing the United
States portion of Convention waters, including limited access
regulations, applicable to nationals or vessels of the United States, or
both, which are in addition to, and not in conflict with regulations
adopted by the Commission. Such regulations shall only be implemented
with the approval of the Secretary, shall not discriminate between
residents of different States, and shall be consistent with the limited
entry criteria set forth in section 1853(b)(6) of this title. If it
becomes necessary to allocate or assign halibut fishing privileges among
various United States fishermen, such allocation shall be fair and
equitable to all such fishermen, based upon the rights and obligations
in existing Federal law, reasonably calculated to promote conservation,
and carried out in such manner that no particular individual,
corporation, or other entity acquires an excessive share of the halibut
fishing privileges: Provided, That the Regional Council may provide for
the rural coastal villages of Alaska the opportunity to establish a
commercial halibut fishery in areas in the Bering Sea to the north of 56
degrees north latitude during a 3 year development period.
(Pub. L. 97-176, Sec. 5, May 17, 1982, 96 Stat. 79; Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996,
110 Stat. 3009, 3009-41.)
Amendments
1996--Subsec. (c). Pub. L. 104-208 made technical amendment to
reference in original act which appears in text as reference to section
1853(b)(6) of this title.
Effective Date of 1996 Amendment
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208
provided that the amendment made by that section is effective 15 days
after Oct. 11, 1996.
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.
