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16 USC CHAPTER 38, SUBCHAPTER III: FOREIGN FISHING AND INTERNATIONAL FISHERY
AGREEMENTS
From Title 16—CONSERVATION
CHAPTER 38—FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III—FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
§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) 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); 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) 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) 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) 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
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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).
(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) 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, is that portion of the optimum yield of such fishery which cannot, or will
not, be harvested by vessels of the United States, as determined in accordance with this chapter. Allocations of the
total allowable level of foreign fishing are discretionary, except that the total allowable level shall be zero for fisheries
determined by the Secretary to have adequate or excess domestic harvest capacity.
(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;
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(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, 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,
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(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, 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 or other monitoring program that the Secretary, in consultation with the Western Pacific
Management Council, determines is adequate to monitor harvest, bycatch, and compliance with the laws of the
United States by vessels fishing under the agreement;
(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
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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, §201, Apr. 13, 1976, 90 Stat. 337; Pub. L. 95–354, §4(1)–(4), Aug. 28, 1978, 92 Stat. 519, 520;
Pub. L. 96–61, §3(a), Aug. 15, 1979, 93 Stat. 407; Pub. L. 96–118, §5, Nov. 16, 1979, 93 Stat. 860; Pub. L 96–561, title
II, §§230, 231(a), 236, Dec. 22, 1980, 94 Stat. 3296, 3297, 3299; Pub. L. 97–453, §2(a), Jan. 12, 1983, 96 Stat. 2481;
Pub. L. 98–623, title IV, §404(1), (2), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 99–386, title II, §206(a), Aug. 22, 1986, 100
Stat. 823; Pub. L. 99–659, title I, §§101(c)(2), 103(a), Nov. 14, 1986, 100 Stat. 3707, 3708; Pub. L. 101–627, title I,
§104, Nov. 28, 1990, 104 Stat. 4439; Pub. L. 102–251, title III, §301(d), Mar. 9, 1992, 106 Stat. 63; Pub. L. 103–236,
title I, §139(24), Apr. 30, 1994, 108 Stat. 399; Pub. L. 104–297, title I, §105(a), Oct. 11, 1996, 110 Stat. 3563; Pub. L.
109–479, §5, title IV, §404(a), Jan. 12, 2007, 120 Stat. 3578, 3632.)
Amendment of Section
Pub. L. 102–251, title III, §§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".
Editorial Notes
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, 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
2007—Subsec. (d). Pub. L. 109–479, §5, substituted "is" for "shall be" and "cannot, or will not," for "will
not" and inserted at end "Allocations of the total allowable level of foreign fishing are discretionary, except
that the total allowable level shall be zero for fisheries determined by the Secretary to have adequate or
excess domestic harvest capacity."
Subsec. (h)(2)(B). Pub. L. 109–479, §404(a), substituted "or other monitoring program that the Secretary,
in consultation with the Western Pacific Management Council, determines is adequate to monitor harvest,
bycatch, and compliance with the laws of the United States by vessels fishing under the agreement;" for
"that is at least equal in effectiveness to the program established by the Secretary;".
1996—Subsec. (a)(1), (2). Pub. L. 104–297, §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, §105(a)(2), substituted "subsection (h)" for "subsection (i)".
Subsec. (f). Pub. L. 104–297, §105(a)(3), (4), repealed subsec. (f) and redesignated subsec. (g) as (f).
See 1994 Amendment note below.
Subsec. (g). Pub. L. 104–297, §105(a)(4), redesignated subsec. (h) as (g). Former subsec. (g)
redesignated (f).
Subsec. (h). Pub. L. 104–297, §105(a)(4), redesignated subsec. (i) as (h). Former subsec. (h)
redesignated (g).
Subsec. (h)(2)(B) to (D). Pub. L. 104–297, §105(a)(5), added subpar. (B) and redesignated former
subpars. (B) and (C) as (C) and (D), respectively.
Subsec. (i). Pub. L. 104–297, §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, §105(a)(4), redesignated subsec. (j) as (i).
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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, §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, §§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, §101(c)(2), substituted "exclusive economic zone" for "fishery
conservation zone".
Subsec. (i)(2)(B). Pub. L. 99–659, §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, §101(c)(2), substituted "exclusive economic zone" for "fishery conservation
zone".
1984—Subsec. (d)(4). Pub. L. 98–623, §404(1), substituted "may allocate" for "shall allocate" in
provisions preceding subpar. (A).
Subsec. (e)(1)(A). Pub. L. 98–623, §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, §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, §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, §2(a)(1), amended par. (D) generally, substituting "United
States observers required under subsection (i) 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, §2(a)(2), added subpar. (D).
Subsec. (d)(4). Pub. L. 97–453, §2(a)(3), substituted "may be allocated" for "shall be allocated" after
"then such portion or part".
Subsec. (e)(1). Pub. L. 97–453, §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, §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
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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, §2(a)(5)(A)(ii), added par. (6).
Subsec. (j). Pub. L. 97–453, §2(a)(6), added subsec. (j).
1980—Subsec. (d). Pub. L. 96–561, §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, §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, §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, §4(1), substituted "(g)" for "(f)".
Subsec. (c)(3). Pub. L. 95–354, §4(2), substituted "harvest an amount of fish which exceeds" for
"exceed".
Subsecs. (f) to (h). Pub. L. 95–354, §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).
Statutory Notes and Related Subsidiaries
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
Pub. L. 97–453, §2(b), Jan. 12, 1983, 96 Stat. 2483, 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
Pub. L. 96–561, title II, §§231(b), 238(b), Dec. 22, 1980, 94 Stat. 3298, 3300, as amended by Pub. L. 104–
208, div. A, title I, §101(a) [title II, §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 MagnusonStevens Fishery Conservation and Management Act, as amended by section 301) [subsec. (d)(1) of this
section]."
Pub. L. 96–561, title II, §§237, 238(b), Dec. 22, 1980, 94 Stat. 3300, as amended by Pub. L. 104–208, div. A,
title I, §101(a) [title II, §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."
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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.
Implementation of Pacific Albacore Tuna Treaty
Pub. L. 108–219, title IV, §401, Apr. 13, 2004, 118 Stat. 616, provided that:
"(a) In General.—Notwithstanding anything to the contrary in section 201, 204, or 307(2) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1821, 1824, and 1857(2)), foreign
fishing may be conducted pursuant to the Treaty between the Government of the United States of
America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges,
signed at Washington May 26, 1981, including its Annexes and any amendments thereto.
"(b) Regulations.—The Secretary of Commerce, with the concurrence of the Secretary of State, may—
"(1) promulgate regulations necessary to discharge the obligations of the United States under the
Treaty and its Annexes; and
"(2) provide for the application of any such regulation to any person or vessel subject to the
jurisdiction of the United States, wherever that person or vessel may be located.
"(c) Enforcement.—
"(1) In general.—The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) shall be enforced as if subsection (a) were a provision of that Act. Any reference in the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to 'this Act' or to
any provision of that Act, shall be considered to be a reference to that Act as it would be in effect if
subsection (a) were a provision of that Act.
"(2) Regulations.—The regulations promulgated under subsection (b), shall be enforced as if—
"(A) subsection (a) were a provision of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.); and
"(B) the regulations were promulgated under that Act."
Foreign Fishing for Atlantic Herring and Mackerel
Pub. L. 104–43, title VIII, §802, Nov. 3, 1995, 109 Stat. 396, as amended by Pub. L. 104–208, div. A, title I,
§101(a) [title II, §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 MagnusonStevens 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, §6, Nov. 7, 1988, 102 Stat. 3287, as amended by Pub. L. 104–208, div. A, title I, §101(a)
[title II, §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)."
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§1822. International fishery agreements
(a) Negotiations
The Secretary of State—
(1) shall renegotiate treaties as provided for in subsection (b);
(2) shall negotiate governing international fishery agreements described in section 1821(c) of this title;
(3) may negotiate boundary agreements as provided for in subsection (d);
(4) shall, upon the request of and in cooperation with the Secretary, initiate and conduct negotiations for the
purpose of entering into international fishery agreements—
(A) which allow fishing vessels of the United States equitable access to fish over which foreign nations assert
exclusive fishery management authority, and
(B) which provide for the conservation and management of anadromous species and highly migratory species;
and
(5) may enter into such other negotiations, not prohibited by subsection (c), as may be necessary and appropriate
to further the purposes, policy, and provisions of this chapter.
(b) Treaty renegotiation
The Secretary of State, in cooperation with the Secretary, shall initiate, promptly after April 13, 1976, the
renegotiation of any treaty which pertains to fishing within the exclusive economic zone (or within the area that will
constitute such zone after February 28, 1977), or for anadromous species or Continental Shelf fishery resources
beyond such zone or area, and which is in any manner inconsistent with the purposes, policy, or provisions of this
chapter, in order to conform such treaty to such purposes, policy, and provisions. It is the sense of Congress that the
United States shall withdraw from any such treaty, in accordance with its provisions, if such treaty is not so
renegotiated within a reasonable period of time after April 13, 1976.
(c) International fishery agreements
No international fishery agreement (other than a treaty) which pertains to foreign fishing within the exclusive
economic zone (or within the area that will constitute such zone after February 28, 1977), or for anadromous species or
Continental Shelf fishery resources beyond such zone or area—
(1) which is in effect on June 1, 1976, may thereafter be renewed, extended, or amended; or
(2) may be entered into after May 31, 1976;
by the United States unless it is in accordance with the provisions of section 1821(c) of this title or section 1824(e) of
this title.
(d) Boundary negotiations
The Secretary of State, in cooperation with the Secretary, may initiate and conduct negotiations with any adjacent or
opposite foreign nation to establish the boundaries of the exclusive economic zone of the United States in relation to
any such nation.
(e) Highly migratory species agreements
(1) Evaluation
The Secretary of State, in cooperation with the Secretary, shall evaluate the effectiveness of each existing
international fishery agreement which pertains to fishing for highly migratory species. Such evaluation shall consider
whether the agreement provides for—
(A) the collection and analysis of necessary information for effectively managing the fishery, including but not
limited to information about the number of vessels involved, the type and quantity of fishing gear used, the species
of fish involved and their location, the catch and bycatch levels in the fishery, and the present and probable future
condition of any stock of fish involved;
(B) the establishment of measures applicable to the fishery which are necessary and appropriate for the
conservation and management of the fishery resource involved;
(C) equitable arrangements which provide fishing vessels of the United States with (i) access to the highly
migratory species that are the subject of the agreement and (ii) a portion of the allowable catch that reflects the
traditional participation by such vessels in the fishery;
(D) effective enforcement of conservation and management measures and access arrangements throughout the
area of jurisdiction; and
(E) sufficient and dependable funding to implement the provisions of the agreement, based on reasonable
assessments of the benefits derived by participating nations.
(2) Access negotiations
The Secretary of State, in cooperation with the Secretary, shall initiate negotiations with respect to obtaining
access for vessels of the United States fishing for tuna species within the exclusive economic zones of other nations
on reasonable terms and conditions.
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(3) Reports
The Secretary of State shall report to the Congress—
(A) within 12 months after November 28, 1990, on the results of the evaluation required under paragraph (1),
together with recommendations for addressing any inadequacies identified; and
(B) within six months after November 28, 1990, on the results of the access negotiations required under
paragraph (2).
(4) Negotiation
The Secretary of State, in consultation with the Secretary, shall undertake such negotiations with respect to
international fishery agreements on highly migratory species as are necessary to correct inadequacies identified as a
result of the evaluation conducted under paragraph (1).
(5) South Pacific tuna treaty
It is the sense of the Congress that the United States Government shall, at the earliest opportunity, begin
negotiations for the purpose of extending the Treaty on Fisheries Between the Governments of Certain Pacific Island
States and the Government of the United States of America, signed at Port Moresby, Papua New Guinea, April 2,
1987, and it 1 Annexes, Schedules, and implementing agreements for an additional term of 10 years on terms and
conditions at least as favorable to vessels of the United States and the United States Government.
(f) Nonrecognition
It is the sense of the Congress that the United States Government shall not recognize the claim of any foreign nation
to an exclusive economic zone (or the equivalent) beyond such nation's territorial sea, to the extent that such sea is
recognized by the United States, if such nation—
(1) fails to consider and take into account traditional fishing activity of fishing vessels of the United States;
(2) fails to recognize and accept that highly migratory species are to be managed by applicable international
fishery agreements, whether or not such nation is a party to any such agreement; or
(3) imposes on fishing vessels of the United States any conditions or restrictions which are unrelated to fishery
conservation and management.
(g) Fishery agreement with Russia
(1) The Secretary of State, in consultation with the Secretary, is authorized to negotiate and conclude a fishery
agreement with Russia of a duration of no more than 3 years, pursuant to which—
(A) Russia will give United States fishing vessels the opportunity to conduct traditional fisheries within waters
claimed by the United States prior to the conclusion of the Agreement between the United States of America and the
Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, west of the maritime boundary,
including the western special area described in Article 3(2) of the Agreement;
(B) the United States will give fishing vessels of Russia the opportunity to conduct traditional fisheries within
waters claimed by the Union of Soviet Socialist Republics prior to the conclusion of the Agreement referred to in
subparagraph (A), east of the maritime boundary, including the eastern special areas described in Article 3(1) of the
Agreement;
(C) catch data shall be made available to the government of the country exercising fisheries jurisdiction over the
waters in which the catch occurred; and
(D) each country shall have the right to place observers on board vessels of the other country and to board and
inspect such vessels.
(2) Vessels operating under a fishery agreement negotiated and concluded pursuant to paragraph (1) shall be
subject to regulations and permit requirements of the country in whose waters the fisheries are conducted only to the
extent such regulations and permit requirements are specified in that agreement.
(3) The Secretary of Commerce may promulgate such regulations, in accordance with section 553 of title 5, as may
be necessary to carry out the provisions of any fishery agreement negotiated and concluded pursuant to paragraph (1).
(h) Bycatch reduction agreements
(1) The Secretary of State, in cooperation with the Secretary, shall seek to secure an international agreement to
establish standards and measures for bycatch reduction that are comparable to the standards and measures
applicable to United States fishermen for such purposes in any fishery regulated pursuant to this chapter for which the
Secretary, in consultation with the Secretary of State, determines that such an international agreement is necessary
and appropriate.
(2) An international agreement negotiated under this subsection shall be—
(A) consistent with the policies and purposes of this chapter; and
(B) subject to approval by Congress under section 1823 of this title.
(Pub. L. 94–265, title II, §202, Apr. 13, 1976, 90 Stat. 339; Pub. L. 99–659, title I, §101(c)(2), Nov. 14, 1986, 100 Stat.
3707; Pub. L. 101–627, title I, §§105(a), 120(a), Nov. 28, 1990, 104 Stat. 4439, 4459; Pub. L. 102–251, title III,
§301(e), Mar. 9, 1992, 106 Stat. 63; Pub. L. 104–297, title I, §105(b), Oct. 11, 1996, 110 Stat. 3564; Pub. L. 117–328,
div. S, title II, §205(b)(1)(A), Dec. 29, 2022, 136 Stat. 5270.)
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Amendment of Section
Pub. L. 102–251, title III, §§301(e)(1), (2), 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 (b), (A) by inserting "or special areas" immediately after "February 28, 1977)" and (B) by striking
"such zone or area" and inserting in lieu thereof "such zone or areas"; and
(2) in subsection (c), (A) by inserting "or special areas" immediately after "February 28, 1977)" and (B) by striking
"such zone or area" and inserting in lieu thereof "such zone or areas".
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(5), (b), and (h)(1), (2)(A), was in the original "this Act", meaning
Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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
2022—Subsec. (h)(3). Pub. L. 117–328 struck out par. (3) which read as follows: "Not later than January
1, 1997, and annually thereafter, the Secretary, in consultation with the Secretary of State, shall submit to
the Committee on Commerce, Science, and Transportation of the Senate and the Committee on
Resources of the House of Representatives a report describing actions taken under this subsection."
1996—Subsec. (c). Pub. L. 104–297, §105(b)(1), inserted before period at end "or section 1824(e) of this
title".
Subsec. (h). Pub. L. 104–297, §105(b)(2), added subsec. (h).
1992—Subsec. (g). Pub. L. 102–251, §301(e)(3), added subsec. (g).
1990—Subsec. (e). Pub. L. 101–627, §105(a), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 101–627, §120(a), substituted "an exclusive economic" for "a exclusive economic".
Pub. L. 101–627, §105(a), redesignated former subsec. (e) as (f).
1986—Subsecs. (b) to (e). Pub. L. 99–659 substituted "exclusive economic zone" for "fishery
conservation zone" wherever appearing.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Resources of House of Representatives changed to Committee on Natural Resources of
House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 1992 Amendment
Amendment by section 301(e)(3) of Pub. L. 102–251 effective Mar. 9, 1992, and amendment by section
301(e)(1), (2), of 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.
Shark Finning Prohibition
Pub. L. 106–557, Dec. 21, 2000, 114 Stat. 2772, as amended by Pub. L. 109–479, title III, §302(c), Jan. 12,
2007, 120 Stat. 3623, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Shark Finning Prohibition Act'.
"SEC. 2. PURPOSE.
"The purpose of this Act is to eliminate shark-finning by addressing the problem comprehensively at
both the national and international levels.
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"SEC. 3. PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK CARCASS AT SEA
"[Amended section 1857 of this title.]
"SEC. 4. REGULATIONS.
"No later than 180 days after the date of the enactment of this Act [Dec. 21, 2000], the Secretary of
Commerce shall promulgate regulations implementing the provisions of section 3076(1)(P) [307(1)(P)] of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(P)), as added by
section 3 of this Act.
"SEC. 5. INTERNATIONAL NEGOTIATIONS.
"The Secretary of Commerce, acting through the Secretary of State, shall—
"(1) initiate discussions as soon as possible for the purpose of developing bilateral or multilateral
agreements with other nations for the prohibition on shark-finning;
"(2) initiate discussions as soon as possible with all foreign governments which are engaged in, or
which have persons or companies engaged in shark-finning, for the purposes of—
"(A) collecting information on the nature and extent of shark-finning by such persons and the
landing or transshipment of shark fins through foreign ports; and
"(B) entering into bilateral and multilateral treaties with such countries to protect such species;
"(3) seek agreements calling for an international ban on shark-finning and other fishing practices
adversely affecting these species through the United Nations, the Food and Agriculture Organization's
Committee on Fisheries, and appropriate regional fishery management bodies;
"(4) initiate the amendment of any existing international treaty for the protection and conservation
of species of sharks to which the United States is a party in order to make such treaty consistent with
the purposes and policies of this section;
"(5) urge other governments involved in fishing for or importation of shark or shark products to fulfill
their obligations to collect biological data, such as stock abundance and by-catch levels, as well as
trade data, on shark species as called for in the 1995 Resolution on Cooperation with FAO with Regard
to study on the Status of Sharks and By-Catch of Shark Species; and
"(6) urge other governments to prepare and submit their respective National Plan of Action for the
Conservation and Management of Sharks to the 2001 session of the FAO Committee on Fisheries, as
set forth in the International Plan of Action for the Conservation and Management of Sharks.
"SEC. 6. REPORT TO CONGRESS.
"The Secretary of Commerce, in consultation with the Secretary of State, shall provide to Congress, by
not later than 1 year after the date of the enactment of this Act [Dec. 21, 2000], and every year thereafter,
a report which—
"(1) includes a list that identifies nations whose vessels conduct shark-finning and details the
extent of the international trade in shark fins, including estimates of value and information on harvesting
of shark fins, and landings or transshipment of shark fins through foreign ports;
"(2) describes the efforts taken to carry out this Act, and evaluates the progress of those efforts;
"(3) sets forth a plan of action to adopt international measures for the conservation of sharks; and
"(4) includes recommendations for measures to ensure that United States actions are consistent
with national, international, and regional obligations relating to shark populations, including those listed
under the Convention on International Trade in Endangered Species of Wild Flora and Fauna.
"SEC. 7. RESEARCH.
"The Secretary of Commerce, subject to the availability of appropriations authorized by section 10,
shall establish a research program for Pacific and Atlantic sharks to engage in the following data
collection and research:
"(1) The collection of data to support stock assessments of shark populations subject to incidental
or directed harvesting by commercial vessels, giving priority to species according to vulnerability of the
species to fishing gear and fishing mortality, and its population status.
"(2) Research to identify fishing gear and practices that prevent or minimize incidental catch of
sharks in commercial and recreational fishing.
"(3) Research on fishing methods that will ensure maximum likelihood of survival of captured
sharks after release.
"(4) Research on methods for releasing sharks from fishing gear that minimize risk of injury to
fishing vessel operators and crews.
"(5) Research on methods to maximize the utilization of, and funding to develop the market for,
sharks not taken in violation of a fishing management plan approved under section 303 or section
307(1)(P) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853, 1857(1)
(P)).
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"(6) Research on the nature and extent of the harvest of sharks and shark fins by foreign fleets and
the international trade in shark fins and other shark products.
"SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH PROGRAM.
"The National Marine Fisheries Service, in consultation with the Western Pacific Fisheries Management
Council, shall initiate a cooperative research program with the commercial longlining industry to carry out
activities consistent with this Act, including research described in section 7 of this Act. The service
[Service] may initiate such shark cooperative research programs upon the request of any other fishery
management council.
"SEC. 9. SHARK-FINNING DEFINED.
"In this Act, the term 'shark-finning' means the taking of a shark, removing the fin or fins (whether or not
including the tail) of a shark, and returning the remainder of the shark to the sea.
"SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to the Secretary of Commerce for fiscal years 2007 through
2011 such sums as are necessary to carry out this Act."
Certificate of Legal Origin for Anadromous Fish Products
Pub. L. 101–627, title VIII, §801, Nov. 28, 1990, 104 Stat. 4464, provided that:
"(a) Negotiations.—Within 60 days after the date of enactment of this Act [Nov. 28, 1990], the Secretary
of State shall commence negotiations with nations which import or export anadromous fish or
anadromous fish products for the purpose of securing general agreement among such nations to
implement effective measures to prohibit international trade in anadromous fish or anadromous fish
products unless such fish or fish products are accompanied by a valid certificate of legal origin attesting
that the fish or fish product was lawfully harvested—
"(1) within the jurisdiction of a nation having naturally occurring or artificially established
anadromous fish populations of the same species as the imported or exported product; or
"(2) on the high seas according to an international agreement among nations with jurisdiction over
more than 1 percent of the stocks of anadromous fish being so harvested.
"(b) Issuance of Certificates.—For the purposes of subsection (a), a valid certificate of legal origin may
be issued only by a nation which—
"(1) is the nation having jurisdiction over the vessel or other means by which the fish or fish
product was harvested; and
"(2) maintains regular harvests of anadromous fish in a manner consistent with the criteria for
lawful harvests set out in subsection (a).
"(c) Bilateral or Multilateral Agreements.—Efforts undertaken by the Secretary of State pursuant to
subsection (a) may, at the discretion of the Secretary, be directed toward achieving either bilateral or
multilateral agreements, including trade agreements, whichever the Secretary determines to be most
likely to result in the earliest possible date or dates of agreement by those nations which individually have
in excess of $1,000,000, or the equivalent, in import or export trade in anadromous fish and anadromous
fish products.
"(d) Regulations.—The Secretary of Commerce shall, within 180 days after the date of enactment of
this Act [Nov. 28, 1990], promulgate regulations providing for—
"(1) the issuance of certificates of legal origin pursuant to agreements under subsection (a) for
anadromous fish and anadromous fish products legally harvested by vessels of the United States;
"(2) the delegation of the authority to issue certificates of legal origin to States, territories, or
possessions of the United States which the Secretary of Commerce determines to have implemented a
program which is sufficient to accomplish the purposes of subsection (a); and
"(3) an orderly transition to such regulations, sufficient to ensure that United States commerce in
anadromous fish and anadromous fish products is not unduly disrupted.
"(e) Report Required.—The Secretary of Commerce, after consultation with the Secretary of the
Treasury, shall, within 180 days after the date of enactment of this Act [Nov. 28, 1990], submit to the
Congress a report—
"(1) making recommendations as to the need for the adoption of United States import and export
restrictions on anadromous fish and anadromous fish products consistent with subsection (a); and
"(2) identifying, evaluating, and making recommendations regarding any specific statutory or
regulatory changes that may be necessary for the adoption of such restrictions.
"(f) Certification.—If, at any time following the promulgation of the regulations required by subsection
(d), the Secretary of Commerce finds that any nation is engaging in trade in unlawfully taken anadromous
fish or anadromous fish products, the Secretary shall certify that fact to the President, which certification
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shall be deemed to be a certification for the purposes of section 8(a)(1) of the Fishermen's Protective Act
of 1967 (22 U.S.C. 1978(a)(1))."
Driftnet Impact Monitoring, Assessment, and Control
Pub. L. 100–220, title IV, Dec. 29, 1987, 101 Stat. 1477, as amended by Pub. L. 104–208, div. A, title I,
§101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that:
"SEC. 4001. SHORT TITLE.
"This title may be cited as the 'Driftnet Impact Monitoring, Assessment, and Control Act of 1987'.
"SEC. 4002. FINDINGS.
"The Congress finds that—
"(1) the use of long plastic driftnets is a fishing technique that may result in the entanglement and
death of enormous numbers of target and nontarget marine resources in the waters of the North Pacific
Ocean, including the Bering Sea;
"(2) there is a pressing need for detailed and reliable information on the number of marine
resources that become entangled and die in actively fished driftnets and in driftnets that are lost,
abandoned, or discarded; and
"(3) increased efforts are necessary to monitor, assess, and reduce the adverse impacts of
driftnets.
"SEC. 4003. DEFINITIONS.
"As used in this title—
"(1) Driftnet.—The term 'driftnet' means a gillnet composed of a panel of plastic webbing one and
one-half miles or more in length.
"(2) Driftnet fishing.—The term 'driftnet fishing' means a fish-harvesting method in which a driftnet
is placed in water and allowed to drift with the currents and winds for the purpose of entangling fish in
the webbing.
"(3) Exclusive economic zone of the united states.—The term 'exclusive economic zone of the
United States' means the zone defined in section 3(6) [now 3(11)] of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802(b) [1802(11)]).
"(4) Marine resources.—The term 'marine resources' includes fish, shellfish, marine mammals,
seabirds, and other forms of marine life or waterfowl.
"(5) Marine resources of the united states.—The term 'marine resources of the United States'
means—
"(A) marine resources found in, or which breed within, areas subject to the jurisdiction of the
United States, including the exclusive economic zone of the United States; and
"(B) species of fish, wherever found, that spawn in the fresh or estuarine waters of the United
States.
"(6) Secretary.—The term 'Secretary' means the Secretary of Commerce.
"SEC. 4004. MONITORING AGREEMENTS.
"(a) Negotiations.—The Secretary, through the Secretary of State and in consultation with the
Secretary of the Interior, shall immediately initiate, negotiations with each foreign government that
conducts, or authorizes its nationals to conduct, driftnet fishing that results in the taking of marine
resources of the United States in waters of the North Pacific Ocean outside of the exclusive economic
zone and territorial sea of any nation, for the purpose of entering into agreements for statistically reliable
cooperative monitoring and assessment of the numbers of marine resources of the United States killed
and retrieved, discarded, or lost by the foreign government's driftnet fishing vessels. Such agreements
shall provide for—
"(1) the use of a sufficient number of vessels from which scientists of the United States and the
foreign governments may observe and gather statistically reliable information; and
"(2) appropriate methods for sharing equally the costs associated with such activities.
"(b) Report.—The Secretary, in consultation with the Secretary of State, shall provide to the Congress
not later than 1 year after the date of enactment of this Act [Dec. 29, 1987] a full report on the results of
negotiations under this section.
"SEC. 4005. IMPACT REPORT.
"(a) In General.—The Secretary shall provide to the Congress within 1 year after the date of the
enactment of this Act [Dec. 29, 1987], and at such other times thereafter as the Secretary considers
appropriate, a report identifying the nature, extent, and effects of driftnet fishing in waters of the North
Pacific Ocean on marine resources of the United States. The report shall include the best available
information on—
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"(1) the number and flag state of vessels involved;
"(2) the areas fished;
"(3) the length, width, and mesh size of driftnets used;
"(4) the number of marine resources of the United States killed by such fishing;
"(5) the effect of seabird mortality, as determined by the Secretary of the Interior, on seabird
populations; and
"(6) any other information the Secretary considers appropriate.
"(b) Information From Foreign Governments.—The Secretary, through the Secretary of State, shall—
"(1) request relevant foreign governments to provide the information described in subsection (a),
and
"(2) include in a report under this section the information so provided and an evaluation of the
adequacy and reliability of such information.
"SEC. 4006. ENFORCEMENT AGREEMENTS.
"(a) Negotiations.—The Secretary shall immediately initiate, through the Secretary of State and in
consultation with the Secretary of the Department in which the Coast Guard is operating negotiations with
each foreign government that conducts, or authorizes its nationals to conduct, driftnet fishing that results
in the taking of marine resources of the United States in waters of the North Pacific Ocean outside of the
exclusive economic zone and territorial sea of any nation, for the purpose of entering into agreements for
effective enforcement of laws, regulations, and agreements applicable to the location, season, and other
aspects of the operations of the foreign government's driftnet fishing vessels. Such agreements shall
include measures for—
"(1) the effective monitoring and detection of violations;
"(2) the collection and presentation of such evidence of violations as may be necessary for the
successful prosecution of such violations by the responsible authorities;
"(3) reporting to the United States of penalties imposed by the foreign governments for violations;
and
"(4) appropriate methods for sharing equally the costs associated with such activities.
"(b) Certification for Purposes of Fishermen's Protective Act of 1967.—If the Secretary, in
consultation with the Secretary of State, determines that a foreign government has failed, within 18
months after the date of the enactment of this Act [Dec. 29, 1987], to enter into and implement an
agreement under subsection (a) or section 4004(a) that is adequate, the Secretary shall certify such fact
to the President, which certification shall be deemed to be a certification for the purposes of section 8(a)
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).
"SEC. 4007. EVALUATIONS AND RECOMMENDATIONS.
"(a) Marking, Registry, and Identification System.—The Secretary shall evaluate, in consultation with
officials of other Federal agencies and such other persons as may be appropriate, the feasibility of and
develop recommendations for the establishment of a driftnet marking, registry, and identification system
to provide a reliable method for the determination of the origin by vessel, of lost, discarded, or abandoned
driftnets and fragments of driftnets. In conducting such evaluation, the Secretary shall consider the
adequacy of existing driftnet identification systems of foreign nations and the extent to which these
systems achieve the objectives of this title.
"(b) Alternative Driftnet Materials.—The Secretary, in consultation with such other persons as may be
appropriate, shall evaluate the feasibility of, and develop appropriate recommendations for, the use of
alternative materials in driftnets for the purpose of increasing the rate of decomposition of driftnets that
are discarded or lost at sea.
"(c) Driftnet Bounty System.—The Secretary, in consultation with such other persons as may be
appropriate, shall evaluate the feasibility of and develop appropriate recommendations for the
implementation of a driftnet bounty system to pay persons who retrieve from the exclusive economic zone
and deposit with the Secretary lost, abandoned, and discarded driftnet and other plastic fishing material.
"(d) Driftnet Fishing Vessel Tracking System.—The Secretary, in consultation with such other persons
as may be appropriate, shall evaluate the feasibility of, and develop appropriate recommendations for, the
establishment of a cooperative driftnet fishing vessel tracking system to facilitate efforts to monitor the
location of driftnet fishing vessels.
"(e) Report.—The Secretary shall transmit to the Congress not later than 18 months after the date of
the enactment of this Act [Dec. 29, 1987] a report setting forth—
"(1) the evaluations and recommendations developed under subsections (a), (b), (c), and (d);
"(2) the most effective and appropriate means of implementing such recommendations;
"(3) any need for further research and development efforts and the estimated cost and time
required for completion of such efforts; and
"(4) any need for legislation to provide authority to carry out such recommendations.
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"SEC. 4008. CONSTRUCTION WITH OTHER LAWS.
"This title [this note] shall not serve or be construed to expand or diminish the sovereign rights of the
United States, as stated by Presidential Proclamation Numbered 5030, dated March 10, 1983 [16 U.S.C.
1453 note], and reflected in existing law on the date of the enactment of this Act [Dec. 29, 1987].
"SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to the Department of Commerce and the Department of State,
such sums as may be necessary to carry out the purposes of this title."
[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.]
1 So in original.
§1823. Congressional oversight of international fishery agreements
(a) In general
No governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery
agreement shall become effective with respect to the United States before the close of the first 120 days (excluding
any days in a period for which the Congress is adjourned sine die) after the date on which the President transmits to
the House of Representatives and to the Senate a document setting forth the text of such governing international
fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement. A copy of the document
shall be delivered to each House of Congress on the same day and shall be delivered to the Clerk of the House of
Representatives, if the House is not in session, and to the Secretary of the Senate, if the Senate is not in session.
(b) Referral to committees
Any document described in subsection (a) shall be immediately referred in the House of Representatives to the
Committee on Merchant Marine and Fisheries, and in the Senate to the Committees on Commerce, Science, and
Transportation and on Foreign Relations.
(c) Congressional procedures
(1) Rules of the House of Representatives and Senate
The provisions of this section are enacted by the Congress—
(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and
they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure
to be followed in that House in the case of fishery agreement resolutions described in paragraph (2), and they
supersede other rules only to the extent that they are inconsistent therewith; and
(B) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the
procedure of that House) at any time, and in the same manner and to the same extent as in the case of any other
rule of that House.
(2) "Fishery agreement resolution" defined
For purposes of this subsection, the term "fishery agreement resolution" refers to a joint resolution of either House
of Congress—
(A) the effect of which is to prohibit the entering into force and effect of any governing international fishery
agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement the text of which is transmitted
to the Congress pursuant to subsection (a); and
(B) which is reported from the Committee on Merchant Marine and Fisheries of the House of Representatives or
the Committee on Commerce, Science, and Transportation or the Committee on Foreign Relations of the Senate,
not later than 45 days after the date on which the document described in subsection (a) relating to that agreement
is transmitted to the Congress.
(3) Placement on calendar
Any fishery agreement resolution upon being reported shall immediately be placed on the appropriate calendar.
(4) Floor consideration in the House
(A) A motion in the House of Representatives to proceed to the consideration of any fishery agreement resolution
shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in
order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(B) Debate in the House of Representatives on any fishery agreement resolution shall be limited to not more than
10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further
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to limit debate shall not be debatable. It shall not be in order to move to recommit any fishery agreement resolution
or to move to reconsider the vote by which any fishery agreement resolution is agreed to or disagreed to.
(C) Motions to postpone, made in the House of Representatives with respect to the consideration of any fishery
agreement resolution, and motions to proceed to the consideration of other business, shall be decided without
debate.
(D) All appeals from the decisions of the Chair relating to the application of the Rules of the House of
Representatives to the procedure relating to any fishery agreement resolution shall be decided without debate.
(E) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any
fishery agreement resolution shall be governed by the Rules of the House of Representatives applicable to other bills
and resolutions in similar circumstances.
(5) Floor consideration in the Senate
(A) A motion in the Senate to proceed to the consideration of any fishery agreement resolution shall be privileged
and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider
the vote by which the motion is agreed to or disagreed to.
(B) Debate in the Senate on any fishery agreement resolution and on all debatable motions and appeals in
connection therewith shall be limited to not more than 10 hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader or their designees.
(C) Debate in the Senate on any debatable motion or appeal in connection with any fishery agreement resolution
shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover of the motion or
appeal and the manager of the resolution, except that if the manager of the resolution is in favor of any such motion
or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. The majority
leader and the minority leader, or either of them, may allot additional time to any Senator during the consideration of
any debatable motion or appeal, from time under their control with respect to the applicable fishery agreement
resolution.
(D) A motion in the Senate to further limit debate is not debatable. A motion to recommit any fishery agreement
resolution is not in order.
(Pub. L. 94–265, title II, §203, Apr. 13, 1976, 90 Stat. 340; Pub. L. 103–437, §6(x), Nov. 2, 1994, 108 Stat. 4587; Pub.
L. 104–297, title I, §105(c), Oct. 11, 1996, 110 Stat. 3564.)
Editorial Notes
Amendments
1996—Pub. L. 104–297, §105(c)(1), substituted "international" for "governing international" in section
catchline.
Subsec. (a). Pub. L. 104–297, §105(c)(2), (3), inserted ", bycatch reduction agreement, or Pacific Insular
Area fishery agreement" after "international fishery agreement" in two places and substituted "120 days
(excluding any days in a period for which the Congress is adjourned sine die)" for "60 calendar days of
continuous session of the Congress".
Subsec. (c). Pub. L. 104–297, §105(c)(4), (5), redesignated subsec. (d) as (c) and struck out heading and
text of former subsec. (c). Text read as follows: "For purposes of subsection (a) of this section—
"(1) continuity of session is broken only by an adjournment of Congress sine die; and
"(2) the days on which either House is not in session because of an adjournment of more than 3
days to a day certain are excluded in the computation of the 60-day period."
Subsec. (c)(2)(A). Pub. L. 104–297, §105(c)(6), substituted "agreement, bycatch reduction agreement, or
Pacific Insular Area fishery agreement" for "agreement".
Subsec. (d). Pub. L. 104–297, §105(c)(5), redesignated subsec. (d) as (c).
1994—Subsec. (b). Pub. L. 103–437, §6(x)(1), substituted "Commerce, Science, and Transportation and
on" for "Commerce and".
Subsec. (d)(2)(B). Pub. L. 103–437, §6(x)(2), substituted "Commerce, Science, and Transportation" for
"Commerce".
Statutory Notes and Related Subsidiaries
Short Title of 1995 Amendment
Pub. L. 104–43, title V, §501, Nov. 3, 1995, 109 Stat. 391, provided that: "This title [amending provisions
set out below] may be cited as the 'Sea of Okhotsk Fisheries Enforcement Act of 1995'."
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of Representatives abolished and its
jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to
Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife,
international fishing agreements, marine affairs (including coastal zone management) except for
measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of
Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of
House of Representatives changed to Committee on Natural Resources of House of Representatives by
House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Governing International Fishery Agreement With Poland
Pub. L. 105–384, title I, §101, Nov. 13, 1998, 112 Stat. 3451, provided that: "Notwithstanding section 203
of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1823), the governing
international fishery agreement between the Government of the United States of America and the
Government of the Republic of Poland, as contained in the message to Congress from the President of
the United States dated February 5, 1998, is approved as a governing international fishery agreement for
the purposes of such Act [16 U.S.C. 1801 et seq.] and shall enter into force and effect with respect to the
United States on the date of the enactment of this Act [Nov. 13, 1998]."
Governing International Fishery Agreement With Republic of Estonia
Pub. L. 102–587, title I, §1001, Nov. 4, 1992, 106 Stat. 5039, provided that the governing international
fishery agreement between the Government of the United States of America and the Government of the
Republic of Estonia, was approved by Congress as a governing international fishery agreement for
purposes of this chapter and was to enter into force and effect with respect to the United States on Nov.
4, 1992.
Fisheries Enforcement in Central Bering Sea and Central Sea of Okhotsk
Pub. L. 102–582, title III, Nov. 2, 1992, 106 Stat. 4906, as amended by Pub. L. 104–43, title V, §502, Nov. 3,
1995, 109 Stat. 391; Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009,
3009-41, which provided that this title was to be cited as the "Central Bering Sea Fisheries Enforcement
Act of 1992", prohibited vessels and nationals of United States from conducting fishing operations in
Central Bering Sea and Central Sea of Okhotsk, except where such fishing operations were conducted in
accordance with international fishery agreement to which United States and Russian Federation were
parties, further provided for civil penalties and permit sanctions for violations of these provisions as well
as authority to deny port privileges for fishing in Central Bering Sea, further authorized Secretary of
Commerce to issue regulations restricting fishing in United States exclusive economic zone, and further
provided for definition of terms and that this title would cease to have force and effect after the date that is
seven years after Nov. 2, 1992, except that any proceeding with respect to violations occurring prior to
such date was to be conducted as if these provisions were still in effect.
North Pacific and Bering Sea Fisheries Advisory Body
Pub. L. 100–629, §5, Nov. 7, 1988, 102 Stat. 3287, as amended by Pub. L. 114–327, title I, §121(a), Dec. 16,
2016, 130 Stat. 1984; Pub. L. 117–286, §4(a)(115), Dec. 27, 2022, 136 Stat. 4318, provided that:
"(a) In General.—The Secretary of State shall establish an advisory body on the fisheries of the North
Pacific and the Bering Sea, which shall advise the United States representative to the International
Consultative Committee created in accordance with Article XIV of the governing international fishery
agreement entered into between the United States and the Union of Soviet Socialist Republics, as
contained in the message to Congress from the President of the United States dated June 22, 1988.
"(b) Membership.—
"(1) In General.—The advisory body established pursuant to this section shall consist of 12
members, as follows:
"(A) The Director of the Department of Fisheries of the State of Washington.
"(B) The Commission of the Department of Fish and Game of the State of Alaska.
"(C) Five members appointed by the Secretary of State from among persons nominated by the
Governor of Alaska on the basis of their knowledge and experience in commercial harvesting,
processing, or marketing of fishery resources.
"(D) Five members appointed by the Secretary of State from among persons nominated by the
Governor of Washington on the basis of their knowledge and experience in commercial harvesting,
processing, or marketing of fishery resources.
"(2) Nominations.—The Governor of Alaska and the Governor of Washington shall each nominate
10 persons for purposes of paragraph (1).
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"(c) Pay.—Members of the advisory body established pursuant to this section shall receive no pay by
reason of their service as members of the advisory body.
"(d) Exemption From Chapter 10 of Title 5, United States Code.—Chapter 10 of title 5, United States Code,
shall not apply to an advisory body established pursuant to this section.
"(e) Travel Expenses.—
"(1) In general.—The Secretary of State may pay the necessary travel expenses of the members
of the advisory body established pursuant to this section in carrying out their service as such members
in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of
title 5, United States Code.
"(2) Reimbursement.—The Secretary of Commerce may reimburse the Secretary of State for
amounts expended by the Secretary of State under this subsection."
Governing International Fishery Agreement With Russian Federation
Pub. L. 103–206, title VII, §701, Dec. 20, 1993, 107 Stat. 2446, as amended by Pub. L. 104–208, div. A, title
I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that: "The Agreement
between the Government of the United States of America and the Government of the Russian Federation
on Mutual Fisheries Relations which was entered into on May 31, 1988, and which expired by its terms
on October 28, 1993, may be brought into force again for the United States through an exchange of notes
between the United States of America and the Russian Federation and may remain in force and effect on
the part of the United States until May 1, 1994, and may be amended or extended by a subsequent
agreement to which section 203 of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1823) applies."
Pub. L. 100–629, §1, Nov. 7, 1988, 102 Stat. 3286, provided that the governing international fishery
agreement entered into between the Government of the United States and the Government of the Union
of Soviet Socialist Republics was approved by Congress and was to enter into force and effect with
respect to the United States on Nov. 7, 1988.
Governing International Fishery Agreement With German Democratic
Republic
Pub. L. 100–350, §1, June 27, 1988, 102 Stat. 660, provided that extension of governing international
fishery agreement between the Government of the United States of America and the Government of the
German Democratic Republic was approved by Congress as a governing international fishery agreement
for purposes of this chapter, and was to enter into force and effect with respect to the United States on
June 27, 1988.
Governing International Fishery Agreements With Iceland and the European
Economic Community
Pub. L. 98–623, title I, Nov. 8, 1984, 98 Stat. 3394, as amended by Pub. L. 104–208, div. A, title I, §101(a)
[title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that: "Notwithstanding section 203 of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1823) [this section]—
"(1) the governing international fishery agreement between the Government of the United States
and the European Economic Community Concerning Fisheries Off the Coasts of the United States, as
contained in the Message to Congress from the President of the United States dated August 27, 1984,
is hereby approved by Congress as a governing international fishery agreement for purposes of that
Act [this chapter], and may enter into force with respect to the United States in accordance with the
terms of Article XIX of the agreement after the date of the enactment of this title [Nov. 8, 1984], upon
signature of the agreement by both parties; and
"(2) the governing international fishery agreement between the Government of the United States
and the Government of the Republic of Iceland Concerning Fisheries Off the Coasts of the United
States, as contained in the message to Congress from the President of the United States dated
September 29, 1984, is hereby approved by Congress as a governing international fishery agreement
for purposes of that Act [this chapter], and may enter into force with respect to the United States in
accordance with the terms of Article XVI of the agreement after the date of the enactment of this title
[Nov. 8, 1984]."
Governing International Fishery Agreement With Faroe Islands and Denmark
Pub. L. 98–498, title IV, §440, Oct. 19, 1984, 98 Stat. 2310, as amended by Pub. L. 104–208, div. A, title I,
§101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that: "Notwithstanding section
203 of the Magnuson-Stevens Fishery Conservation and Management Act of 1976 [this section], the
Governing International Fishery Agreement between the Government of the United States of America of
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the One Part and the Home Government of the Faroe Islands and the Government of Denmark of the
Other Part Concerning Faroese Fishing in Fisheries Off the Coasts of the United States, as contained in
the message to Congress from the President of the United States dated July 13, 1984—
"(1) is approved by Congress as a governing international fishery agreement for purposes of that
Act [this chapter]; and
"(2) may enter into force with respect to the United States in accordance with the terms of Article
XVI of the Agreement following the enactment of this title [Oct. 19, 1984]."
Governing International Fishery Agreement With Japan
Pub. L. 101–224, §7, Dec. 12, 1989, 103 Stat. 1907, provided that the governing international fishery
agreement entered into between the Government of the United States and the Government of Japan was
approved by Congress and was to enter into force and effect with respect to the United States on Dec.
12, 1989.
Pub. L. 100–220, title I, §1001, Dec. 29, 1987, 101 Stat. 1459, provided that the governing international
fishery agreement between the Government of the United States of America and the Government of
Japan Concerning Fisheries Off the Coasts of the United States was approved by Congress as a
governing international fishery agreement for the purposes of this chapter, and was to enter into force and
effect with respect to the United States on Dec. 29, 1987.
Pub. L. 97–389, title IV, §401, Dec. 29, 1982, 96 Stat. 1954, provided that the governing international
fishery agreement entered into between the Government of the United States and the Government of
Japan pursuant to this chapter, signed at Washington on Sept. 10, 1982, was approved, and was
effective on Jan. 1, 1983.
Governing International Fishery Agreement With Spain
Pub. L. 97–389, title IV, §402, Dec. 29, 1982, 96 Stat. 1954, provided for approval of the governing
international fishery agreement entered into between the Government of the United States and the
Government of Spain pursuant to this chapter.
Governing International Fishery Agreement With Portugal
Pub. L. 96–561, title I, §145, title II, §238(b), Dec. 22, 1980, 94 Stat. 3287, 3300, provided that the
governing international fishery agreement between the Government of the United States of America and
the Government of Portugal Concerning Fisheries Off the Coasts of the United States was approved by
Congress as a governing international fishery agreement for the purposes of this chapter, and was to
enter into force and effect with respect to the United States on Dec. 22, 1980.
Extension of International Fishery Agreements
Pub. L. 100–66, §1, July 10, 1987, 101 Stat. 384, provided that the governing international fishery
agreement entered into between the Government of the United States and the Government of the
Republic of Korea on July 26, 1982, was to remain in force and effect with respect to the United States
until the closing date of the sixty-day period referred to in subsec. (a) of this section that applied with
respect to any new governing international fishery agreement between the United States and the
Republic of Korea that was transmitted to the Congress under subsec. (a) of this section after May 1,
1987, or Nov. 1, 1987, whichever was earlier.
Pub. L. 98–364, title I, §106, July 17, 1984, 98 Stat. 442, provided that upon certification by Secretary of
State to President of the Senate and Speaker of the House of Representatives that a new governing
international fishery agreement in conformity with this chapter had been negotiated by the United States
and the European Economic Community, the existing governing international fishery agreement referred
to in section 2(a)(7) of Pub. L. 95–6, formerly set out below, could be extended or reinstated and could be
in force and effect with respect to the United States, for the period of time ending on the earlier of (1) the
effective date of the new governing international fishery agreement, or (2) Sept. 30, 1984.
Pub. L. 97–212, §10(b), June 30, 1982, 96 Stat. 148, provided that the governing international fishery
agreements referred to in section 2(a)(9) and (10) of Pub. L. 95–6, formerly set out below, were to be
extended, and were to be in force and effect with respect to the United States, for the period of time
ending on the deadline for completion of congressional review, pursuant to subsec. (a) of this section, of
any new governing international fishery agreement signed, on or before July 31, 1982, by the United
States and the respective foreign government that was a party to the agreement in question, or July 31,
1982, if the United States and the respective foreign government that was a party to the agreement in
question failed to sign a new governing international fishery agreement on or before that date.
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Congressional Approval of Certain Governing International Fishery
Agreements
Pub. L. 95–6, §2, Feb. 21, 1977, 91 Stat. 15, as amended by Pub. L. 95–8, §1, Mar. 3, 1977, 91 Stat. 18;
Pub. L. 95–219, §1, Dec. 28, 1977, 91 Stat. 1613; Pub. L. 96–561, title II, §238(b), Dec. 22, 1980, 94 Stat. 3300;
Pub. L. 97–212, §10(a), June 30, 1982, 96 Stat. 148; Pub. L. 98–44, title I, §105, July 12, 1983, 97 Stat. 217;
Pub. L. 98–364, title I, §105, July 17, 1984, 98 Stat. 442, provided for the approval by Congress, as a
governing international fishery agreement for purposes of this chapter, of the governing international
fishery agreement between—
(1) the Government of the United States and the Government of the People's Republic of Bulgaria
Concerning Fisheries Off the Coasts of the United States;
(2) the Government of the United States and the Government of the Socialist Republic of Romania
Concerning Fisheries Off the Coasts of the United States;
(3) the Government of the United States and the Government of the Republic of China Concerning
Fisheries Off the Coasts of the United States;
(4) the Government of the United States and the Government of the German Democratic Republic
Concerning Fisheries Off the Coasts of the United States;
(5) the Government of the United States and the Government of the Union of Soviet Socialist
Republics Concerning Fisheries Off the Coasts of the United States;
(6) the Government of the United States and the Government of the Polish People's Republic
Concerning Fisheries Off the Coasts of the United States;
(7) the Government of the United States and the European Economic Community Concerning
Fisheries Off the Coasts of the United States;
(8) the Government of the United States and the Government of Japan Concerning Fisheries Off
the Coasts of the United States (for 1977);
(9) the Government of the United States and the Government of the Republic of Korea Concerning
Fisheries Off the Coasts of the United States;
(10) the Government of the United States and the Government of Spain Concerning Fisheries Off
the Coasts of the United States;
(11) the Government of the United States and the Government of Mexico Concerning Fisheries Off
the Coasts of the United States;
(12) the Government of the United States and the Government of the Union of Soviet Socialist
Republics referred to in par. (5), as extended until July 1, 1983, pursuant to Diplomatic Notes;
(13) the American Institute in Taiwan and the Coordination Council for North American Affairs;
(14) the Government of the United States and the Government of the Polish People's Republic
referred to in par. (6), as extended until July 1, 1983, pursuant to Diplomatic Notes;
(15) the Government of the United States and the Government of the Union of Soviet Socialist
Republics referred to in par. (5), as extended until Dec. 31, 1985, pursuant to Diplomatic Notes;
(16) the Government of the United States and the Government of the Polish People's Republic
referred to in par. (6), as extended until Dec. 31, 1985, pursuant to Diplomatic Notes; and
(17) the Government of the United States and the Government of the German Democratic
Republic referred to in par. (4);
and provided further that the agreements referred to in pars. (1) to (6) were to enter into force and effect
with respect to the United States on Feb. 21, 1977, that the agreements referred to in pars. (7) to (11)
were to enter into force and effect with respect to the United States on Feb. 27, 1977, that the
agreements referred to in pars. (12) to (14) were to enter into force and effect with respect to the United
States on July 1, 1982, that the agreements referred to in pars. (15) and (16) were to enter into force and
effect with respect to the United States on July 1, 1984, and that the agreement referred to in par. (17)
was to enter into force and effect with respect to the United States on July 1, 1983.
Reciprocal Fisheries Agreement Between United States and Canada
Pub. L. 95–6, §5, as added Pub. L. 95–73, July 27, 1977, 91 Stat. 283; amended Pub. L. 95–314, July 1,
1978, 92 Stat. 376; Pub. L. 96–561, title II, §238(b), Dec. 22, 1980, 94 Stat. 3300, provided for congressional
approval of the Reciprocal Fisheries Agreement for 1978 between the Government of the United States
and the Government of Canada, and that the Agreement was to be in force and effect with respect to the
United States from Jan. 1, 1978, until such later date in 1978 as was to be determined pursuant to the
terms of the Agreement.
§1824. Permits for foreign fishing
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(a) In general
After February 28, 1977, no foreign fishing vessel shall engage in fishing within the exclusive economic zone, or for
anadromous species or Continental Shelf fishery resources beyond such zone, unless such vessel has on board a
valid permit issued under this section for such vessel.
(b) Applications and permits under governing international fishery agreements
(1) Eligibility; duration
Each foreign nation with which the United States has entered into a governing international fishery agreement
shall submit an application to the Secretary of State each year for a permit for each of its fishing vessels that wishes
to engage in fishing described in subsection (a). No permit issued under this section may be valid for longer than a
year; and section 558(c) of title 5 does not apply to the renewal of any such permit.
(2) Forms
The Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast
Guard is operating, shall prescribe the forms for permit applications submitted under this subsection and for permits
issued pursuant to any such application.
(3) Contents
Any application made under this subsection shall specify—
(A) the name and official number or other identification of each fishing vessel for which a permit is sought,
together with the name and address of the owner thereof;
(B) the tonnage, hold capacity, speed, processing equipment, type and quantity of fishing gear, and such other
pertinent information with respect to characteristics of each such vessel as the Secretary may require;
(C) each fishery in which each such vessel wishes to fish;
(D) the estimated amount of tonnage of fish which will be caught, taken, or harvested in each such fishery by
each such vessel during the time the permit is in force;
(E) the amount or tonnage of United States harvested fish, if any, which each such vessel proposes to receive at
sea from vessels of the United States;
(F) the ocean area in which, and the season or period during which, such fishing will be conducted; and
(G) all applicable vessel safety standards imposed by the foreign country, and shall include written certification
that the vessel is in compliance with those standards;
and shall include any other pertinent information and material which the Secretary may require.
(4) Transmittal for action
Upon receipt of any application which complies with the requirements of paragraph (3), the Secretary of State shall
publish a notice of receipt of the application in the Federal Register. Any such notice shall summarize the contents of
the applications from each nation included therein with respect to the matters described in paragraph (3). The
Secretary of State shall promptly transmit—
(A) such application, together with his comments and recommendations thereon, to the Secretary;
(B) a copy of the application to the Secretary of the department in which the Coast Guard is operating; and
(C) a copy or a summary of the application to the appropriate Council.
(5) Action by Council
After receiving a copy or summary of an application under paragraph (4)(C), the Council may prepare and submit
to the Secretary such written comments on the application as it deems appropriate. Such comments shall be
submitted within 45 days after the date on which the application is received by the Council and may include
recommendations with respect to approval of the application and, if approval is recommended, with respect to
appropriate conditions and restrictions thereon. Any interested person may submit comments to such Council with
respect to any such application. The Council shall consider any such comments in formulating its submission to the
Secretary.
(6) Approval
(A) After receipt of any application transmitted under paragraph (4)(A), the Secretary shall consult with the
Secretary of State and, with respect to enforcement, with the Secretary of the department in which the Coast Guard
is operating. The Secretary, after taking into consideration the views and recommendations of such Secretaries, and
any comments submitted by any Council under paragraph (5), may approve, subject to subparagraph (B), the
application, if he determines that the fishing described in the application will meet the requirements of this chapter, or
he may disapprove all or any portion of the application.
(B)(i) In the case of any application which specifies that one or more foreign fishing vessels propose to receive at
sea United States harvested fish from vessels of the United States, the Secretary may approve the application
unless the Secretary determines, on the basis of the views, recommendations, and comments referred to in
subparagraph (A) and other pertinent information, that United States fish processors have adequate capacity, and
will utilize such capacity, to process all United States harvested fish from the fishery concerned.
(ii) The amount or tonnage of United States harvested fish which may be received at sea during any year by
foreign fishing vessels under permits approved under this paragraph may not exceed that portion of the optimum
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yield of the fishery concerned which will not be utilized by United States fish processors.
(iii) In deciding whether to approve any application under this subparagraph, the Secretary may take into account,
with respect to the foreign nation concerned, such other matters as the Secretary deems appropriate.
(7) Establishment of conditions and restrictions
The Secretary shall establish conditions and restrictions which shall be included in each permit issued pursuant to
any application approved under paragraph (6) or subsection (d) and which must be complied with by the owner or
operator of the fishing vessel for which the permit is issued. Such conditions and restrictions shall include the
following:
(A) All of the requirements of any applicable fishery management plan, or preliminary fishery management plan,
and any applicable Federal or State fishing regulations.
(B) The requirement that no permit may be used by any vessel other than the fishing vessel for which it is
issued.
(C) The requirements described in section 1821(c)(1), (2), and (3) of this title.
(D) If the permit is issued other than pursuant to an application approved under paragraph (6)(B) or subsection
(d), the restriction that the foreign fishing vessel may not receive at sea United States harvested fish from vessels
of the United States.
(E) If the permit is issued pursuant to an application approved under paragraph (6)(B), the maximum amount or
tonnage of United States harvested fish which may be received at sea from vessels of the United States.
(F) Any other condition and restriction related to fishery conservation and management which the Secretary
prescribes as necessary and appropriate.
(8) Notice of approval
The Secretary shall promptly transmit a copy of each application approved under paragraph (6) and the conditions
and restrictions established under paragraph (7) to—
(A) the Secretary of State for transmittal to the foreign nation involved;
(B) the Secretary of the department in which the Coast Guard is operating; and
(C) any Council which has authority over any fishery specified in such application.
(9) Disapproval of applications
If the Secretary does not approve any application submitted by a foreign nation under this subsection, he shall
promptly inform the Secretary of State of the disapproval and his reasons therefore. The Secretary of State shall
notify such foreign nation of the disapproval and the reasons therefor. Such foreign nation, after taking into
consideration the reasons for disapproval, may submit a revised application under this subsection.
(10) Fees
(A) Fees shall be paid to the Secretary by the owner or operator of any foreign fishing vessel for which a permit
has been issued pursuant to this section. The Secretary, in consultation with the Secretary of State, shall establish a
schedule of reasonable fees that shall apply nondiscriminatorily to each foreign nation.
(B) Amounts collected by the Secretary under this paragraph shall be deposited in the general fund of the
Treasury.
(11) Issuance of permits
If a foreign nation notifies the Secretary of State of its acceptance of the conditions and restrictions established by
the Secretary under paragraph (7), the Secretary of State shall promptly transmit such notification to the Secretary.
Upon payment of the applicable fees established pursuant to paragraph (10), the Secretary shall thereupon issue to
such foreign nation, through the Secretary of State, permits for the appropriate fishing vessels of that nation. Each
permit shall contain a statement of all conditions and restrictions established under paragraph (7) which apply to the
fishing vessel for which the permit is issued.
(c) Registration permits
The Secretary of State, in cooperation with the Secretary, shall issue annually a registration permit for each fishing
vessel of a foreign nation which is a party to an international fishery agreement under which foreign fishing is
authorized by section 1821(b) of this title and which wishes to engage in fishing described in subsection (a). Each such
permit shall set forth the terms and conditions contained in the agreement that apply with respect to such fishing, and
shall include the additional requirement that the owner or operator of the fishing vessel for which the permit is issued
shall prominently display such permit in the wheelhouse of such vessel and show it, upon request, to any officer
authorized to enforce the provisions of this chapter (as provided for in section 1861 of this title). The Secretary of State,
after consultation with the Secretary and the Secretary of the department in which the Coast Guard is operating, shall
prescribe the form and manner in which applications for registration permits may be made, and the forms of such
permits. The Secretary of State may establish, require the payment of, and collect fees for registration permits; except
that the level of such fees shall not exceed the administrative costs incurred by him in issuing such permits.
(d) Transshipment permits
(1) Authority to issue permits
The Secretary may issue a transshipment permit under this subsection which authorizes a vessel other than a
vessel of the United States to engage in fishing consisting solely of transporting fish or fish products at sea from a
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point within the exclusive economic zone or, with the concurrence of a State, within the boundaries of that State, to a
point outside the United States to any person who—
(A) submits an application which is approved by the Secretary under paragraph (3); and
(B) pays a fee imposed under paragraph (7).
(2) Transmittal
Upon receipt of an application for a permit under this subsection, the Secretary shall promptly transmit copies of
the application to the Secretary of State, Secretary of the department in which the Coast Guard is operating, any
appropriate Council, and any affected State.
(3) Approval of application
The Secretary may approve, in consultation with the appropriate Council or Marine Fisheries Commission, an
application for a permit under this section if the Secretary determines that—
(A) the transportation of fish or fish products to be conducted under the permit, as described in the application,
will be in the interest of the United States and will meet the applicable requirements of this chapter;
(B) the applicant will comply with the requirements described in section 1821(c)(2) of this title with respect to
activities authorized by any permit issued pursuant to the application;
(C) the applicant has established any bonds or financial assurances that may be required by the Secretary; and
(D) no owner or operator of a vessel of the United States which has adequate capacity to perform the
transportation for which the application is submitted has indicated to the Secretary an interest in performing the
transportation at fair and reasonable rates.
(4) Whole or partial approval
The Secretary may approve all or any portion of an application under paragraph (3).
(5) Failure to approve application
If the Secretary does not approve any portion of an application submitted under paragraph (1), the Secretary shall
promptly inform the applicant and specify the reasons therefor.
(6) Conditions and restrictions
The Secretary shall establish and include in each permit under this subsection conditions and restrictions,
including those conditions and restrictions set forth in subsection (b)(7), which shall be complied with by the owner
and operator of the vessel for which the permit is issued.
(7) Fees
The Secretary shall collect a fee for each permit issued under this subsection, in an amount adequate to recover
the costs incurred by the United States in issuing the permit, except that the Secretary shall waive the fee for the
permit if the foreign nation under which the vessel is registered does not collect a fee from a vessel of the United
States engaged in similar activities in the waters of such foreign nation.
(e) Pacific Insular Areas
(1) Negotiation of Pacific Insular Area fishery agreements
The Secretary of State, with the concurrence of the Secretary and in consultation with any appropriate Council,
may negotiate and enter into a Pacific Insular Area fishery agreement to authorize foreign fishing within the exclusive
economic zone adjacent to a Pacific Insular Area—
(A) in the case of American Samoa, Guam, or the Northern Mariana Islands, at the request and with the
concurrence of, and in consultation with, the Governor of the Pacific Insular Area to which such agreement
applies; and
(B) in the case of a Pacific Insular Area other than American Samoa, Guam, or the Northern Mariana Islands, at
the request of the Western Pacific Council.
(2) Agreement terms and conditions
A Pacific Insular Area fishery agreement—
(A) shall not be considered to supersede any governing international fishery agreement currently in effect under
this chapter, but shall provide an alternative basis for the conduct of foreign fishing within the exclusive economic
zone adjacent to Pacific Insular Areas;
(B) shall be negotiated and implemented consistent only with the governing international fishery agreement
provisions of this subchapter specifically made applicable in this subsection;
(C) may not be negotiated with a nation that is in violation of a governing international fishery agreement in
effect under this chapter;
(D) shall not be entered into if it is determined by the Governor of the applicable Pacific Insular Area with respect
to agreements initiated under paragraph (1)(A), or the Western Pacific Council with respect to agreements initiated
under paragraph (1)(B), that such an agreement will adversely affect the fishing activities of the indigenous people
of such Pacific Insular Area;
(E) shall be valid for a period not to exceed three years and shall only become effective according to the
procedures in section 1823 of this title; and
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(F) shall require the foreign nation and its fishing vessels to comply with the requirements of paragraphs (1), (2),
(3) and (4)(A) of section 1821(c) of this title, section 1821(d) of this title, and section 1821(h) of this title.
(3) Permits for foreign fishing
(A) Application for permits for foreign fishing authorized under a Pacific Insular Areas fishing agreement shall be
made, considered and approved or disapproved in accordance with paragraphs (3), (4), (5), (6), (7)(A) and (B), (8),
and (9) of subsection (b), and shall include any conditions and restrictions established by the Secretary in
consultation with the Secretary of State, the Secretary of the department in which the Coast Guard is operating, the
Governor of the applicable Pacific Insular Area, and the appropriate Council.
(B) If a foreign nation notifies the Secretary of State of its acceptance of the requirements of this paragraph,
paragraph (2)(F), and paragraph (5), including any conditions and restrictions established under subparagraph (A),
the Secretary of State shall promptly transmit such notification to the Secretary. Upon receipt of any payment
required under a Pacific Insular Area fishing agreement, the Secretary shall thereupon issue to such foreign nation,
through the Secretary of State, permits for the appropriate fishing vessels of that nation. Each permit shall contain a
statement of all of the requirements, conditions, and restrictions established under this subsection which apply to the
fishing vessel for which the permit is issued.
(4) Marine conservation plans
(A) Prior to entering into a Pacific Insular Area fishery agreement, the Western Pacific Council and the appropriate
Governor shall develop a 3-year marine conservation plan detailing uses for funds to be collected by the Secretary
pursuant to such agreement. Such plan shall be consistent with any applicable fishery management plan, identify
conservation and management objectives (including criteria for determining when such objectives have been met),
and prioritize planned marine conservation projects. Conservation and management objectives shall include, but not
be limited to—
(i) Pacific Insular Area observer programs, or other monitoring programs, that the Secretary determines are
adequate to monitor the harvest, bycatch, and compliance with the laws of the United States by foreign fishing
vessels that fish under Pacific Insular Area fishing agreements;
(ii) conduct of marine and fisheries research, including development of systems for information collection,
analysis, evaluation, and reporting;
(iii) conservation, education, and enforcement activities related to marine and coastal management, such as
living marine resource assessments, habitat monitoring and coastal studies;
(iv) grants to the University of Hawaii for technical assistance projects by the Pacific Island Network, such as
education and training in the development and implementation of sustainable marine resources development
projects, scientific research, and conservation strategies; and
(v) western Pacific community-based demonstration projects under section 112(b) of the Sustainable Fisheries
Act and other coastal improvement projects to foster and promote the management, conservation, and economic
enhancement of the Pacific Insular Areas.
(B) In the case of American Samoa, Guam, and the Northern Mariana Islands, the appropriate Governor, with the
concurrence of the Western Pacific Council, shall develop the marine conservation plan described in subparagraph
(A) and submit such plan to the Secretary for approval. In the case of other Pacific Insular Areas, the Western Pacific
Council shall develop and submit the marine conservation plan described in subparagraph (A) to the Secretary for
approval.
(C) If a Governor or the Western Pacific Council intends to request that the Secretary of State renew a Pacific
Insular Area fishery agreement, a subsequent 3-year plan shall be submitted to the Secretary for approval by the end
of the second year of the existing 3-year plan.
(5) Reciprocal conditions
Except as expressly provided otherwise in this subsection, a Pacific Insular Area fishing agreement may include
terms similar to the terms applicable to United States fishing vessels for access to similar fisheries in waters subject
to the fisheries jurisdiction of another nation.
(6) Use of payments by American Samoa, Guam, Northern Mariana Islands
Any payments received by the Secretary under a Pacific Insular Area fishery agreement for American Samoa,
Guam, or the Northern Mariana Islands shall be deposited into the United States Treasury and then covered over to
the Treasury of the Pacific Insular Area for which those funds were collected. Amounts deposited in the Treasury of a
Pacific Insular Area shall be available, without appropriation or fiscal year limitation, to the Governor of the Pacific
Insular Area—
(A) to carry out the purposes of this subsection;
(B) to compensate (i) the Western Pacific Council for mutually agreed upon administrative costs incurred relating
to any Pacific Insular Area fishery agreement for such Pacific Insular Area, and (ii) the Secretary of State for
mutually agreed upon travel expenses for no more than 2 Federal representatives incurred as a direct result of
complying with paragraph (1)(A); and
(C) to implement a marine conservation plan developed and approved under paragraph (4).
(7) Western Pacific Sustainable Fisheries Fund
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There is established in the United States Treasury a Western Pacific Sustainable Fisheries Fund into which any
payments received by the Secretary under a Pacific Insular Area fishery agreement and any funds or contributions
received in support of conservation and management objectives under a marine conservation plan for any Pacific
Insular Area other than American Samoa, Guam, or the Northern Mariana Islands shall be deposited. The Western
Pacific Sustainable Fisheries Fund shall be made available, without appropriation or fiscal year limitation, to the
Secretary, who shall provide such funds only to—
(A) the Western Pacific Council for the purpose of carrying out the provisions of this subsection, including
implementation of a marine conservation plan approved under paragraph (4);
(B) the Secretary of State for mutually agreed upon travel expenses for no more than 2 Federal representatives
incurred as a direct result of complying with paragraph (1)(B); and
(C) the Western Pacific Council to meet conservation and management objectives in the State of Hawaii if
monies remain in the Western Pacific Sustainable Fisheries Fund after the funding requirements of subparagraphs
(A) and (B) have been satisfied.
Amounts deposited in such fund shall not diminish funding received by the Western Pacific Council for the purpose
of carrying out other responsibilities under this chapter.
(8) Use of fines and penalties
In the case of violations occurring within the exclusive economic zone off American Samoa, Guam, or the Northern
Mariana Islands, amounts received by the Secretary which are attributable to fines or penalties imposed under this
chapter, including such sums collected from the forfeiture and disposition or sale of property seized subject to its
authority, after payment of direct costs of the enforcement action to all entities involved in such action, shall be
deposited into the Treasury of the Pacific Insular Area adjacent to the exclusive economic zone in which the violation
occurred, to be used for fisheries enforcement and for implementation of a marine conservation plan under
paragraph (4). In the case of violations by foreign vessels occurring within the exclusive economic zones off Midway
Atoll, Johnston Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland, Baker, and Wake Islands, amounts received by
the Secretary attributable to fines and penalties imposed under this chapter, shall be deposited into the Western
Pacific Sustainable Fisheries Fund established under paragraph (7) of this subsection.
(Pub. L. 94–265, title II, §204, Apr. 13, 1976, 90 Stat. 342; Pub. L. 95–354, §4(5)–(8), Aug. 28, 1978, 92 Stat. 520, 521;
Pub. L. 96–470, title I, §111(b), title II, §208, Oct. 19, 1980, 94 Stat. 2239, 2245; Pub. L. 96–561, title II, §232, Dec. 22,
1980, 94 Stat. 3298; Pub. L. 97–453, §3, Jan. 12, 1983, 96 Stat. 2483; Pub. L. 99–272, title VI, §6021, Apr. 7, 1986,
100 Stat. 123; Pub. L. 99–659, title I, §§101(c)(2), 102, 103(b), Nov. 14, 1986, 100 Stat. 3707, 3709; Pub. L. 101–627,
title I, §§106, 120(b), Nov. 28, 1990, 104 Stat. 4440, 4459; Pub. L. 102–251, title III, §301(f), Mar. 9, 1992, 106 Stat. 64;
Pub. L. 104–297, title I, §105(d), Oct. 11, 1996, 110 Stat. 3564; Pub. L. 109–479, §6, title IV, §404(b), Jan. 12, 2007,
120 Stat. 3579, 3632.)
Amendment of Subsection (a)
Pub. L. 102–251, title III, §§301(f), 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 (a) is amended by inserting "within the special areas," before "or for
anadromous species" and "or areas" after "such zone".
Editorial Notes
References in Text
This chapter, referred to in subsecs. (b)(6)(A), (c), (d)(3)(A), and (e)(2)(A), (C), (7), (8), was in the
original "this Act", meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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.
Section 112(b) of the Sustainable Fisheries Act, referred to in subsec. (e)(4)(A)(v), is section 112(b) of
Pub. L. 104–297, which amended section 1856 of this title. The reference probably should have been to
section 111(b) of Pub. L. 104–297 which relates to western Pacific demonstration projects and is set out as
a note under section 1855 of this title.
Amendments
2007—Subsec. (e)(4)(A)(i). Pub. L. 109–479, §404(b), amended cl. (i) generally. Prior to amendment, cl.
(i) read as follows: "establishment of Pacific Insular Area observer programs, approved by the Secretary
in consultation with the Western Pacific Council, that provide observer coverage for foreign fishing under
Pacific Insular Area fishery agreements that is at least equal in effectiveness to the program established
by the Secretary under section 1821(h) of this title;".
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Subsec. (e)(7). Pub. L. 109–479, §6(1), inserted "and any funds or contributions received in support of
conservation and management objectives under a marine conservation plan" after "agreement" in
introductory provisions.
Subsec. (e)(8). Pub. L. 109–479, §6(2), inserted at end "In the case of violations by foreign vessels
occurring within the exclusive economic zones off Midway Atoll, Johnston Atoll, Kingman Reef, Palmyra
Atoll, Jarvis, Howland, Baker, and Wake Islands, amounts received by the Secretary attributable to fines
and penalties imposed under this chapter, shall be deposited into the Western Pacific Sustainable
Fisheries Fund established under paragraph (7) of this subsection."
1996—Subsec. (b)(7). Pub. L. 104–297, §105(d)(1), inserted "or subsection (d)" after "under paragraph
(6)" in introductory provisions.
Subsec. (b)(7)(A). Pub. L. 104–297, §105(d)(2), substituted "any applicable Federal or State fishing
regulations" for "the regulations promulgated to implement any such plan".
Subsec. (b)(7)(D). Pub. L. 104–297, §105(d)(3), inserted "or subsection (d)" after "under paragraph (6)
(B)".
Subsecs. (d), (e). Pub. L. 104–297, §105(d)(4), added subsecs. (d) and (e).
1990—Subsec. (b)(4)(C). Pub. L. 101–627, §120(b), substituted "Council" for "council".
Subsec. (b)(10). Pub. L. 101–627, §106(a), amended par. (10) generally. Prior to amendment, par. (10)
consisted of subpars. (A) to (F) relating to schedule of fees to be paid for permits for foreign fishing
vessels, ratios for determining minimum fees, review and notice to Congress of performance by nations
receiving allocations, factors included and excluded in cost of carrying out this chapter, use of amounts
collected in fees, and deposit into general fund of United States Treasury of a determined amount.
Subsec. (b)(12). Pub. L. 101–627, §106(b), struck out par. (12) which related to sanctions for violation of
section 1857 of this title or for failure to pay civil penalty under section 1858 of this title or criminal fine under
section 1859 of this title. See section 1858(g) of this title.
1986—Subsec. (a). Pub. L. 99–659, §101(c)(2), substituted "exclusive economic zone" for "fishery
conservation zone".
Subsec. (b)(1). Pub. L. 99–659, §102(1), inserted provision that no permit issued under this section may
be valid for longer than a year, with section 558(c) of title 5 inapplicable to the renewal of any such permit.
Subsec. (b)(3)(G). Pub. L. 99–659, §103(b), added subpar. (G).
Subsec. (b)(4)(C). Pub. L. 99–659, §102(2), struck out ", upon its request" before period at end.
Subsec. (b)(6)(A). Pub. L. 99–659, §102(3), inserted ", or he may disapprove all or any portion of the
application".
Subsec. (b)(10). Pub. L. 99–272 amended par. (10) generally. Prior to amendment, par. (10) read as
follows: "Fees shall be paid to the Secretary by the owner or operator of any foreign fishing vessel for
which a permit is issued pursuant to this subsection. The Secretary, in consultation with the Secretary of
State, shall establish a schedule of such fees which shall apply nondiscriminatorily to each foreign nation.
The fees imposed under this paragraph shall be at least in an amount sufficient to return to the United
States an amount which bears to the total cost of carrying out the provisions of this chapter (including, but
not limited to, fishery conservation and management, fisheries research, administration, and
enforcement, but excluding costs for observers covered by surcharges under section 1821(i)(4) of this title)
during each fiscal year the same ratio as the aggregate quantity of fish harvested by foreign fishing
vessels within the fishery conservation zone during the preceding year bears to the aggregate quantity of
fish harvested by both foreign and domestic fishing vessels within such zone and the territorial waters of
the United States during such preceding year. The amount collected by the Secretary under this
paragraph shall be transferred to the fisheries loan fund established under section 742c of this title for so
long as such fund exists and used of the purpose of making loans therefrom, but only to the extent and in
amounts provided for in advance in appropriation Acts."
Subsec. (b)(10)(B), (C). Pub. L. 99–659, §101(c)(2), substituted "exclusive economic zone" for "fishery
conservation zone".
Subsec. (b)(12). Pub. L. 99–659, §102(4), amended par. (12) generally. Prior to amendment, par. (12)
read as follows: "If any foreign fishing vessel for which a permit has been issued pursuant to this
subsection has been used in the commission of any act prohibited by section 1857 of this title the Secretary
may, or if any civil penalty imposed under section 1858 of this title or any criminal fine imposed under section
1859 of this title has not been paid and is overdue the Secretary shall—
"(A) revoke such permit, with or without prejudice to the right of the foreign nation involved to
obtain a permit for such vessel in any subsequent year;
"(B) suspend such permit for the period of time deemed appropriate; or
"(C) impose additional conditions and restrictions on the approved application of the foreign nation
involved and on any permit issued under such application.
Any permit which is suspended under this paragraph for nonpayment of a civil penalty shall be reinstated
by the Secretary upon the payment of such civil penalty together with interest thereon at the prevailing
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rate."
1983—Subsec. (b)(3)(B). Pub. L. 97–453, §3(1), inserted "hold" before "capacity".
Subsec. (b)(4). Pub. L. 97–453, §3(2), struck out "and shall be set forth under the name of each Council
to which it will be transmitted for comment" after "in paragraph (3)".
Subsec. (b)(4)(B). Pub. L. 97–453, §3(3), struck out "to each appropriate Council and" after "application".
Subsec. (b)(4)(C). Pub. L. 97–453, §3(3), substituted "a copy or a summary of the application to the
appropriate council, upon its request" for "a monthly summary of foreign fishing applications including a
report on approved applications as described in paragraphs (6) and (7) to the Committee on Merchant
Marine and Fisheries of the House of Representatives and to the Committees on Commerce and Foreign
Relations of the Senate".
Subsec. (b)(5). Pub. L. 97–453, §3(4), substituted "After receiving a copy or summary of an application
under paragraph (4)(C), the Council may" for "After receipt of an application transmitted under paragraph
(4)(B), each appropriate Council shall".
1980—Subsec. (b)(4)(C). Pub. L. 96–470, §208, substituted "a monthly summary of foreign fishing
applications including a report on approval applications as described in paragraph (6) and (7)" for "a copy
of such material".
Subsec. (b)(8)(D). Pub. L. 96–470, §111(b), struck out subpar. (D) which required the Secretary to
promptly transmit a copy of each application to the Committee on Merchant Marine and Fisheries of the
House of Representatives and the Committees on Commerce and Foreign Relations of the Senate.
Subsec. (b)(10). Pub. L. 96–561, §232(b), substituted provision directing that fees imposed under this
paragraph be at least in an amount sufficient to return to the United States an amount which bears to the
total cost of carrying out the provisions of this chapter, including, but not limited to, fishery conservation
and management, fisheries research, administration, and enforcement, but excluding costs for observers
covered by surcharges under section 1821(i)(4) of this title, during each fiscal year, the same ratio as the
aggregate quantity of fish harvested by foreign fishing vessels within the fishery conservation zone during
the preceding year bears to the aggregate quantity of fish harvested by both foreign and domestic fishing
vessels within such zone and the territorial waters of the United States during such preceding year and
that the fees collected for permits issued after 1981 be transferred to the fisheries loan fund for provision
directing that fees be formulated so as to ensure that receipts resulting from payments for fees issued for
1981 are not less than an amount equal to 7 percent of the ex vessel value of the total harvest by foreign
fishing vessels in the fishery conservation zone during 1979 and that the fees collected for permits issued
for 1981 be transferred to the fisheries loan fund.
Pub. L. 96–561, §232(a), substituted provision directing that fees be formulated so as to ensure that
receipts resulting from payments for fees issued for 1981 are not less than an amount equal to 7 percent
of the ex vessel value of the total harvest by foreign fishing vessels in the fishery conservation zone
during 1979 and that the fees collected for permits issued for 1981 be transferred to the fisheries loan
fund for provision permitting the Secretary, in determining the level of fees, to take into account the cost
of carrying out the provisions of this chapter with respect to foreign fishing, including, but not limited to,
the cost of fishery conservation and management, fisheries research, administration, and enforcement.
1978—Subsec. (b)(3)(D) to (F). Pub. L. 95–354, §4(5), in subpar. (D) substituted provisions relating to
estimation of amount of tonnage which will be caught, taken, or harvested, for provisions relating to the
amount of fish or tonnage of catch contemplated for each vessel, added subpar. (E), and redesignated
former subpar. (E) as (F).
Subsec. (b)(4). Pub. L. 95–354, §4(6), substituted provisions relating to publication of the notice of
receipt of the application in the Federal Register, for provisions relating to publication of the application in
the Federal Register.
Subsec. (b)(6). Pub. L. 95–354, §4(7), redesignated existing provisions as subpar. (A) inserted reference
to subpar. (B), and added subpar. (B).
Subsec. (b)(7)(D) to (F). Pub. L. 95–354, §4(8), added subpars. (D) and (E) and redesignated former
subpar. (D) as (F).
Statutory Notes and Related Subsidiaries
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.
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Effective Date of 1980 Amendment
Pub. L. 96–561, title II, §232(a), Dec. 22, 1980, 94 Stat. 3298, provided that the amendment made by that
section is effective with respect to permits issued under subsec. (b) of this section for 1981.
Pub. L. 96–561, title II, §232(b), Dec. 22, 1980, 94 Stat. 3298, provided that the amendment made by that
section is effective with respect to permits issued under subsec. (b) of this section after 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.
§1825. Import prohibitions
(a) Determinations by Secretary of State
If the Secretary of State determines that—
(1) he has been unable, within a reasonable period of time, to conclude with any foreign nation an international
fishery agreement allowing fishing vessels of the United States equitable access to fisheries over which that nation
asserts exclusive fishery management authority, including fisheries for tuna species, as recognized by the United
States, in accordance with fishing activities of such vessels, if any, and under terms not more restrictive than those
established under sections 1821(c) and (d) and 1824(b)(7) and (10) of this title, because such nation has (A) refused
to commence negotiations, or (B) failed to negotiate in good faith;
(2) any foreign nation is not allowing fishing vessels of the United States to engage in fishing for tuna species in
accordance with an applicable international fishery agreement, whether or not such nation is a party thereto;
(3) any foreign nation is not complying with its obligations under any existing international fishery agreement
concerning fishing by fishing vessels of the United States in any fishery over which that nation asserts exclusive
fishery management authority; or
(4) any fishing vessel of the United States, while fishing in waters beyond any foreign nation's territorial sea, to the
extent that such sea is recognized by the United States, is seized by any foreign nation—
(A) in violation of an applicable international fishery agreement;
(B) without authorization under an agreement between the United States and such nation; or
(C) as a consequence of a claim of jurisdiction which is not recognized by the United States;
he shall certify such determination to the Secretary of the Treasury.
(b) Prohibitions
Upon receipt of any certification from the Secretary of State under subsection (a), the Secretary of the Treasury shall
immediately take such action as may be necessary and appropriate to prohibit the importation into the United States—
(1) of all fish and fish products from the fishery involved, if any; and
(2) upon recommendation of the Secretary of State, such other fish or fish products, from any fishery of the foreign
nation concerned, which the Secretary of State finds to be appropriate to carry out the purposes of this section.
(c) Removal of prohibition
If the Secretary of State finds that the reasons for the imposition of any import prohibition under this section no
longer prevail, the Secretary of State shall notify the Secretary of the Treasury, who shall promptly remove such import
prohibition.
(d) Definitions
As used in this section—
(1) The term "fish" includes any highly migratory species.
(2) The term "fish products" means any article which is produced from or composed of (in whole or in part) any
fish.
(Pub. L. 94–265, title II, §205, Apr. 13, 1976, 90 Stat. 345; Pub. L. 101–627, title I, §105(b)(1), Nov. 28, 1990, 104 Stat.
4440.)
Editorial Notes
Amendments
1990—Subsec. (a)(1). Pub. L. 101–627, §105(b)(1)(A), inserted "including fisheries for tuna species,"
after "authority," and struck out "traditional" after "in accordance with".
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Subsec. (a)(2). Pub. L. 101–627, §105(b)(1)(B), substituted "tuna" for "highly migratory".
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Pub. L. 101–627, title I, §105(b)(2), Nov. 28, 1990, 104 Stat. 4440, provided that: "The amendments made
by this subsection [amending this section] shall take effect on January 1, 1992."
§1826. Large-scale driftnet fishing
(a) Short title
This section incorporates and expands upon provisions of the Driftnet Impact Monitoring, Assessment, and Control
Act of 1987 and may be cited as the "Driftnet Act Amendments of 1990".
(b) Findings
The Congress finds that—
(1) the continued widespread use of large-scale driftnets beyond the exclusive economic zone of any nation is a
destructive fishing practice that poses a threat to living marine resources of the world's oceans, including but not
limited to the North and South Pacific Ocean and the Bering Sea;
(2) the use of large-scale driftnets is expanding into new regions of the world's oceans, including the Atlantic
Ocean and Caribbean Sea;
(3) there is a pressing need for detailed and reliable information on the number of seabirds, sea turtles, nontarget
fish, and marine mammals that become entangled and die in actively fished large-scale driftnets and in large-scale
driftnets that are lost, abandoned, or discarded;
(4) increased efforts, including reliable observer data and enforcement mechanisms, are needed to monitor,
assess, control, and reduce the adverse impact of large-scale driftnet fishing on living marine resources;
(5) the nations of the world have agreed in the United Nations, through General Assembly Resolution Numbered
44–225, approved December 22, 1989, by the General Assembly, that a moratorium should be imposed by June 30,
1992, on the use of large-scale driftnets beyond the exclusive economic zone of any nation;
(6) the nations of the South Pacific have agreed to a moratorium on the use of large-scale driftnets in the South
Pacific through the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, which was
agreed to in Wellington, New Zealand, on November 29, 1989;
(7) increasing population pressures and new knowledge of the importance of living marine resources to the health
of the global ecosystem demand that greater responsibility be exercised by persons fishing or developing new
fisheries beyond the exclusive economic zone of any nation; and
(8) within the exclusive economic zone, large-scale driftnet fishing that deploys nets with large mesh sizes causes
significant entanglement and mortality of living marine resources, including myriad protected species, despite
limitations on the lengths of such nets.
(c) Policy
It is declared to be the policy of the Congress in this section that the United States should—
(1) implement the moratorium called for by the United Nations General Assembly in Resolution Numbered 44–225;
(2) support the Tarawa Declaration and the Wellington Convention for the Prohibition of Fishing with Long Driftnets
in the South Pacific;
(3) secure a permanent ban on the use of destructive fishing practices, and in particular large-scale driftnets, by
persons or vessels fishing beyond the exclusive economic zone of any nation; and
(4) prioritize the phase out of large-scale driftnet fishing in the exclusive economic zone and promote the
development and adoption of alternative fishing methods and gear types that minimize the incidental catch of living
marine resources.
(d) International agreements
The Secretary, through the Secretary of State and the Secretary of the department in which the Coast Guard is
operating, shall seek to secure international agreements to implement immediately the findings, policy, and provisions
of this section, and in particular an international ban on large-scale driftnet fishing. The Secretary, through the
Secretary of State, shall include, in any agreement which addresses the taking of living marine resources of the United
States, provisions to ensure that—
(1) each large-scale driftnet fishing vessel of a foreign nation that is party to the agreement, including vessels that
may operate independently to develop new fishing areas, which operate beyond the exclusive economic zone of any
nation, is included in such agreement;
(2) each large-scale driftnet fishing vessel of a foreign nation that is party to the agreement, which operates
beyond the exclusive economic zone of any nation, is equipped with satellite transmitters which provide real-time
position information accessible to the United States;
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(3) statistically reliable monitoring by the United States is carried out, through the use of on-board observers or
through dedicated platforms provided by foreign nations that are parties to the agreement, of all target and nontarget
fish species, marine mammals, sea turtles, and sea birds entangled or killed by large-scale driftnets used by fishing
vessels of foreign nations that are parties to the agreement;
(4) officials of the United States have the right to board and inspect for violations of the agreement any large-scale
driftnet fishing vessels operating under the flag of a foreign nation that is party to the agreement at any time while
such vessel is operating in designated areas beyond the exclusive economic zone of any nation;
(5) all catch landed or transshipped at sea by large-scale driftnet fishing vessels of a foreign nation that is a party
to the agreement, and which are operated beyond the exclusive economic zone of any nation, is reliably monitored
and documented;
(6) time and area restrictions are imposed on the use of large-scale driftnets in order to prevent interception of
anadromous species;
(7) all large-scale driftnets used are constructed, insofar as feasible, with biodegradable materials which break into
segments that do not represent a threat to living marine resources;
(8) all large-scale driftnets are marked at appropriate intervals in a manner that conclusively identifies the vessel
and flag nation responsible for each such driftnet;
(9) the taking of nontarget fish species, marine mammals, sea turtles, seabirds, and endangered species or other
species protected by international agreements to which the United States is a party is minimized and does not pose
a threat to existing fisheries or the long-term health of living marine resources; and
(10) definitive steps are agreed upon to ensure that parties to the agreement comply with the spirit of other
international agreements and resolutions concerning the use of large-scale driftnets beyond the exclusive economic
zone of any nation.
(e) Effect on sovereign rights
This section shall not serve or be construed to expand or diminish the sovereign rights of the United States, as
stated by Presidential Proclamation Numbered 5030, dated March 10, 1983, and reflected in this chapter or other
existing law.
(f) "Living marine resources" defined
As used in this section, the term "living marine resources" includes fish, marine mammals, sea turtles, and seabirds
and other waterfowl.
(i) 1 Fishing gear transition program
(1) In general
During the 5-year period beginning on December 29, 2022, the Secretary shall conduct a transition program to
facilitate the phase-out of large-scale driftnet fishing and adoption of alternative fishing practices that minimize the
incidental catch of living marine resources, and shall award grants to eligible permit holders who participate in the
program.
(2) Permissible uses
Any permit holder receiving a grant under paragraph (1) may use such funds only for the purpose of covering—
(A) any fee originally associated with a permit authorizing participation in a large-scale driftnet fishery, if such
permit is surrendered for permanent revocation, and such permit holder relinquishes any claim associated with the
permit;
(B) a forfeiture of fishing gear associated with a permit described in subparagraph (A); or
(C) the purchase of alternative gear with minimal incidental catch of living marine resources, if the fishery
participant is authorized to continue fishing using such alternative gears.
(3) Certification
The Secretary shall certify that, with respect to each participant in the program under this subsection, any permit
authorizing participation in a large-scale driftnet fishery has been permanently revoked and that no new permits will
be issued to authorize such fishing.
(Pub. L. 94–265, title II, §206, as added Pub. L. 95–6, §3(1), Feb. 21, 1977, 91 Stat. 15; amended Pub. L. 99–659, title
I, §101(c)(2), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101–627, title I, §107(a), Nov. 28, 1990, 104 Stat. 4441; Pub. L.
104–297, title I, §105(f), Oct. 11, 1996, 110 Stat. 3569; Pub. L. 117–328, div. S, title I, §§103, 104, title II, §205(b)(1)(B),
Dec. 29, 2022, 136 Stat. 5259, 5270.)
Editorial Notes
References in Text
The Driftnet Impact Monitoring, Assessment, and Control Act of 1987, referred to in subsec. (a), is title
IV of Pub. L. 100–220, which is set out as a note under section 1822 of this title.
Presidential Proclamation Numbered 5030, referred to in subsec. (e), is set out under section 1453 of this
title.
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This chapter, referred to in subsec. (e), was in the original "this Act", meaning Pub. L. 94–265, Apr. 13,
1976, 90 Stat. 331, 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.
Codification
Former subsecs. (g) and (h) were redesignated (e) and (f), respectively, by Pub. L. 117–328, §205(b)(1)
(B). See 2022 Amendment note below.
Amendments
2022—Subsec. (b)(8). Pub. L. 117–328, §103(a), added par. (8).
Subsec. (c)(4). Pub. L. 117–328, §103(b), added par. (4).
Subsecs. (e) to (h). Pub. L. 117–328, §205(b)(1)(B), redesignated subsecs. (g) and (h) as (e) and (f),
respectively, and struck out former subsecs. (e) and (f), which related, respectively, to reports and
certification.
Subsec. (i). Pub. L. 117–328, §104, added subsec. (i).
1996—Subsec. (e). Pub. L. 104–297, §105(f)(1), redesignated pars. (5) and (6) as (3) and (4),
respectively, and struck out former pars. (3) and (4) which read as follows:
"(3) identifying and evaluating the effectiveness of unilateral measures and multilateral measures,
including sanctions, that are available to encourage nations to agree to and comply with this section, and
recommendations for legislation to authorize any additional measures that are needed if those are
considered ineffective;
"(4) identifying, evaluating, and making any recommendations considered necessary to improve the
effectiveness of the law, policy, and procedures governing enforcement of the exclusive management
authority of the United States over anadromous species against fishing vessels engaged in fishing
beyond the exclusive economic zone of any nation;".
Subsec. (f). Pub. L. 104–297, §105(f)(2), substituted "subsection (e)(4)" for "subsection (e)(6)".
1990—Pub. L. 101–627 amended section generally, substituting provisions relating to large-scale driftnet
fishing for provisions relating to transitional provisions.
1986—Subsec. (b). Pub. L. 99–659 substituted "exclusive economic zone" for "fishery conservation
zone".
Statutory Notes and Related Subsidiaries
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.
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of Representatives abolished and its
jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to
Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife,
international fishing agreements, marine affairs (including coastal zone management) except for
measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of
Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of
House of Representatives changed to Committee on Natural Resources of House of Representatives by
House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
1 So in original. See Codification note below.
§1826a. Denial of port privileges and sanctions for high seas large-scale driftnet
fishing
(a) Denial of port privileges
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(1) Publication of list
Not later than 30 days after November 2, 1992, and periodically thereafter, the Secretary of Commerce, in
consultation with the Secretary of State, shall publish a list of nations whose nationals or vessels conduct large-scale
driftnet fishing beyond the exclusive economic zone of any nation.
(2) Denial of port privileges
The Secretary of Homeland Security shall, in accordance with international law—
(A) withhold or revoke the clearance required by section 60105 of title 46 for any large-scale driftnet fishing
vessel of a nation that receives a negative certification under section 1826j(d) or 1826k(c) of this title, or fishing
vessels of a nation that has been listed pursuant to section 1826j(b) of this title or section 1826k(a) of this title in 2
or more consecutive reports for the same type of fisheries activity, as described under section 1826h of this title,
until a positive certification has been received;
(B) withhold or revoke the clearance required by section 60105 of title 46 for fishing vessels of a nation that has
been listed pursuant to section 1826j(a) or 1826k(a) of this title in 2 or more consecutive reports as described
under section 1826h of this title; and
(C) deny entry of that vessel to any place in the United States and to the navigable waters of the United States,
except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate
enforcement action.
(3) Notification of nation
Before the publication of a list of nations under paragraph (1), the Secretary of State shall notify each nation
included on that list regarding—
(A) the effect of that publication on port privileges of vessels of that nation under paragraph (1); and
(B) any sanctions or requirements, under this Act or any other law, that may be imposed on that nation if
nationals or vessels of that nation continue to conduct large-scale driftnet fishing beyond the exclusive economic
zone of any nation after December 31, 1992.
(b) Sanctions
(1) Identifications
(A) Initial identifications
Not later than January 10, 1993, the Secretary of Commerce shall—
(i) identify each nation whose nationals or vessels are conducting large-scale driftnet fishing beyond the
exclusive economic zone of any nation; and
(ii) notify the President and that nation of the identification under clause (i).
(B) Additional identifications
At any time after January 10, 1993, whenever the Secretary of Commerce has reason to believe that the
nationals or vessels of any nation are conducting large-scale driftnet fishing beyond the exclusive economic zone
of any nation, the Secretary of Commerce shall—
(i) identify that nation; and
(ii) notify the President and that nation of the identification under clause (i).
(2) Consultations
Not later than 30 days after a nation is identified under paragraph (1)(B), the President shall enter into
consultations with the government of that nation for the purpose of obtaining an agreement that will effect the
immediate termination of large-scale driftnet fishing by the nationals or vessels of that nation beyond the exclusive
economic zone of any nation.
(3) Prohibition on imports of fish and fish products and sport fishing equipment
(A) Prohibition
The President—
(i) upon receipt of notification of the identification of a nation under paragraph (1)(A) or a negative certification
under section 1826j(d) of this title or section 1826k(c) of this title; or
(ii) if the consultations with the government of a nation under paragraph (2) are not satisfactorily concluded
within ninety days, shall direct the Secretary of the Treasury to prohibit the importation into the United States of
fish and fish products and sport fishing equipment (as that term is defined in section 4162 of title 26) from that
nation.
(B) Implementation of prohibition
With respect to an import prohibition directed under subparagraph (A), the Secretary of the Treasury shall
implement such prohibition not later than the date that is forty-five days after the date on which the Secretary has
received the direction from the President.
(C) Public notice of prohibition
Before the effective date of any import prohibition under this paragraph, the Secretary of the Treasury shall
provide public notice of the impending prohibition.
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(4) Additional economic sanctions
(A) Determination of effectiveness of sanctions
Not later than six months after the date the Secretary of Commerce identifies a nation under paragraph (1) or
issues a negative certification under section 1826j(d) of this title or section 1826k(c) of this title, the Secretary shall
determine whether—
(i) any prohibition established under paragraph (3) is insufficient to cause that nation to terminate large-scale
driftnet fishing conducted by its nationals and vessels beyond the exclusive economic zone of any nation, or to
address the offending activities for which a nation received a negative certification under section 1826j(d) or
1826k(c) of this title; or
(ii) that nation has retaliated against the United States as a result of that prohibition.
(B) Certification
The Secretary of Commerce shall certify to the President each affirmative determination under subparagraph (A)
with respect to a nation.
(C) Effect of certification
Certification by the Secretary of Commerce under subparagraph (B) is deemed to be a certification under
section 1978(a) of title 22.
(Pub. L. 102–582, title I, §101, Nov. 2, 1992, 106 Stat. 4901; Pub. L. 109–479, title IV, §403(b)(1), Jan. 12, 2007, 120
Stat. 3632; Pub. L. 114–81, title I, §102(a), Nov. 5, 2015, 129 Stat. 656; Pub. L. 117–263, div. K, title CXIII, §11336,
Dec. 23, 2022, 136 Stat. 4101.)
Editorial Notes
References in Text
This Act, referred to in subsec. (a)(3)(B), is Pub. L. 102–582, Nov. 2, 1992, 106 Stat. 4900, known as the
High Seas Driftnet Fisheries Enforcement Act, which enacted sections 1826a to 1826c of this title and section
1707a of the former Appendix to Title 46, Shipping, amended sections 1362, 1371, 1852, and 1862 of this title,
section 1978 of Title 22, Foreign Relations and Intercourse, and section 2110 of Title 46, repealed section
1111c of the former Appendix to Title 46, and enacted provisions set out as notes under this section and
sections 1801, 1823, and 1861 of this title and section 2110 of Title 46. For complete classification of this Act to
the Code, see Short Title of 1992 Amendments note set out under section 1801 of this title and Tables.
Codification
Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the
Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
Amendments
2022—Subsec. (a)(2). Pub. L. 117–263 amended par. (2) generally. Prior to amendment, text read as
follows: "The Secretary of the Treasury shall, in accordance with international law—
"(A) withhold or revoke the clearance required by section 60105 of title 46 for any large-scale driftnet
fishing vessel that is documented under the laws of the United States or of a nation included on a list
published under paragraph (1) or, as appropriate, for fishing vessels of a nation that receives a
negative certification under section 1826j(d) of this title or section 1826k(c) of this title; and
"(B) deny entry of that vessel to any place in the United States and to the navigable waters of the
United States, except for the purposes of inspecting such vessel, conducting an investigation, or taking
other appropriate enforcement action."
2015—Subsec. (a)(2). Pub. L. 114–81, §102(a)(1), struck out "recognized principles of" after "in
accordance with" in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 114–81, §102(a)(2), inserted "or, as appropriate, for fishing vessels of a nation
that receives a negative certification under section 1826j(d) of this title or section 1826k(c) of this title" after
"paragraph (1)".
Subsec. (a)(2)(B). Pub. L. 114–81, §102(a)(3), inserted before period at end ", except for the purposes of
inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action".
Subsec. (b)(1)(A)(i). Pub. L. 114–81, §102(a)(4), struck out "or illegal, unreported, or unregulated fishing"
after "driftnet fishing".
Subsec. (b)(1)(B), (2). Pub. L. 114–81, §102(a)(5), struck out "or illegal, unreported, or unregulated
fishing" after "driftnet fishing".
Subsec. (b)(3)(A)(i). Pub. L. 114–81, §102(a)(6), inserted "or a negative certification under section 1826j(d)
of this title or section 1826k(c) of this title" after "paragraph (1)(A)".
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Subsec. (b)(4)(A). Pub. L. 114–81, §102(a)(7), inserted "or issues a negative certification under section
1826j(d) of this title or section 1826k(c) of this title" after "paragraph (1)" in introductory provisions.
Subsec. (b)(4)(A)(i). Pub. L. 114–81, §102(a)(8), (9), struck out "or illegal, unreported, or unregulated
fishing" after "driftnet fishing" and inserted ", or to address the offending activities for which a nation
received a negative certification under section 1826j(d) or 1826k(c) of this title" after "beyond the exclusive
economic zone of any nation".
2007—Subsec. (b)(1)(A)(i), (B), (2), (4)(A)(i). Pub. L. 109–479 inserted "or illegal, unreported, or
unregulated fishing" after "driftnet fishing".
Statutory Notes and Related Subsidiaries
Regulations
Pub. L. 117–263, div. K, title CXIII, §11341, Dec. 23, 2022, 136 Stat. 4105, provided that: "Not later than 1
year after the date of enactment of this Act [Dec. 23, 2022], the Secretary shall promulgate such
regulations as may be necessary to carry out this subtitle [subtitle E (§§11329–11341) of title CXIII of div.
K of Pub. L. 117–263, see Tables for classification] and the amendments made by this subtitle."
[For definition of "Secretary" as used in section 11341 of Pub. L. 117–263, set out above, see section
11329 of Pub. L. 117–263, set out as a note under section 1885a of this title.]
High Seas Driftnet Fisheries Enforcement; Congressional Statement of
Findings and Policy
Pub. L. 102–582, §2, Nov. 2, 1992, 106 Stat. 4900, as amended by Pub. L. 104–208, div. A, title I, §101(a)
[title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that:
"(a) Findings.—Congress makes the following findings:
"(1) Large-scale driftnet fishing on the high seas is highly destructive to the living marine resources
and ocean ecosystems of the world's oceans, including anadromous fish and other living marine
resources of the United States.
"(2) The cumulative effects of large-scale driftnet fishing pose a significant threat to the marine
ecosystem, and slow-reproducing species like marine mammals, sharks, and seabirds may require
many years to recover.
"(3) Members of the international community have reviewed the best available scientific data on
the impacts of large-scale pelagic driftnet fishing, and have failed to conclude that this practice has no
significant adverse impacts which threaten the conservation and sustainable management of living
marine resources.
"(4) The United Nations, via General Assembly Resolutions numbered 44–225, 45–197, and most
recently 46–215 (adopted on December 20, 1991), has called for a worldwide moratorium on all high
seas driftnet fishing by December 31, 1992, in all the world's oceans, including enclosed seas and
semi-enclosed seas.
"(5) The United Nations has commended the unilateral, regional, and international efforts
undertaken by members of the international community and international organizations to implement
and support the objectives of the General Assembly resolutions.
"(6) Operative paragraph (4) of United Nations General Assembly Resolution numbered 46–215
specifically 'encourages all members of the international community to take measures individually and
collectively to prevent large-scale pelagic driftnet fishing operations on the high seas of the world's
oceans and seas'.
"(7) The United States, in section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857(1)(M)), has specifically prohibited the practice of large-scale driftnet
fishing by United States nationals and vessels both within the exclusive economic zone of the United
States and beyond the exclusive economic zone of any nation.
"(8) The Senate, through Senate Resolution 396 of the One Hundredth Congress (approved on
March 18, 1988), has called for a moratorium on fishing in the Central Bering Sea and the United
States has taken concrete steps to implement such moratorium through international negotiations.
"(9) Despite the continued evidence of a decline in the fishery resources of the Bering Sea and the
multiyear cooperative negotiations undertaken by the United States, the Russian Federation, Japan,
and other concerned fishing nations, some nations refuse to agree to measures to reduce or eliminate
unregulated fishing practices in the waters of the Bering Sea beyond the exclusive economic zones of
the United States and the Russian Federation.
"(10) In order to ensure that the global moratorium on large-scale driftnet fishing called for in
United Nations General Assembly Resolution numbered 46–215 takes effect by December 31, 1992,
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and that unregulated fishing practices in the waters of the Central Bering Sea are reduced or
eliminated, the United States should take the actions described in this Act [see Short Title of 1992
Amendments note set out under section 1801 of this title] and encourage other nations to take similar
action.
"(b) Policy.—It is the stated policy of the United States to—
"(1) implement United Nations General Assembly Resolution numbered 46–215, approved
unanimously on December 20, 1991, which calls for an immediate cessation to further expansion of
large-scale driftnet fishing, a 50 percent reduction in existing large-scale driftnet fishing effort by June
30, 1992, and a global moratorium on the use of large-scale driftnets beyond the exclusive economic
zone of any nation by December 31, 1992;
"(2) bring about a moratorium on fishing in the Central Bering Sea, or an international conservation
and management agreement to which the United States and the Russian Federation are parties that
regulates fishing in the Central Bering Sea; and
"(3) secure a permanent ban on the use of destructive fishing practices, and in particular largescale driftnets, by persons or vessels fishing beyond the exclusive economic zone of any nation."
§1826b. Duration of denial of port privileges and sanctions
Any denial of port privileges or sanction under section 1826a of this title with respect to a nation shall remain in effect
until such time as the Secretary of Commerce certifies to the President and the Congress that such nation has
terminated large-scale driftnet fishing by its nationals and vessels beyond the exclusive economic zone of any nation or
effectively addressed the offending activities for which the nation received a negative certification under 1826j(d) 1 or
1826k(c) of this title.
(Pub. L. 102–582, title I, §102, Nov. 2, 1992, 106 Stat. 4903; Pub. L. 109–479, title IV, §403(b)(2), Jan. 12, 2007, 120
Stat. 3632; Pub. L. 114–81, title I, §102(b), Nov. 5, 2015, 129 Stat. 656.)
Editorial Notes
Codification
Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the
Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
Amendments
2015—Pub. L. 114–81 struck out "or illegal, unreported, or unregulated fishing" after "driftnet fishing" and
inserted "or effectively addressed the offending activities for which the nation received a negative
certification under 1826j(d) or 1826j(c) of this title" before period at end.
2007—Pub. L. 109–479 inserted "or illegal, unreported, or unregulated fishing" after "driftnet fishing".
1 So in original. Probably should be preceded by "section".
§1826c. Definitions
In sections 1826a to 1826c of this title, the following definitions apply:
(1) Fish and fish products
The term "fish and fish products" means any aquatic species (including marine mammals and plants) and all
products thereof exported from a nation, whether or not taken by fishing vessels of that nation or packed, processed,
or otherwise prepared for export in that nation or within the jurisdiction thereof.
(2) Large-scale driftnet fishing
(A) In general
Except as provided in subparagraph (B), the term "large-scale driftnet fishing" means a method of fishing in
which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two
and one-half kilometers or more is placed in the water and allowed to drift with the currents and winds for the
purpose of entangling fish in the webbing.
(B) Exception
Until January 1, 1994, the term "large-scale driftnet fishing" does not include the use in the northeast Atlantic
Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations
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adopted by the European Community pursuant to the October 28, 1991, decision by the Council of Fisheries
Ministers of the Community.
(3) Large-scale driftnet fishing vessel
The term "large-scale driftnet fishing vessel" means any vessel which is—
(A) used for, equipped to be used for, or of a type which is normally used for large-scale driftnet fishing; or
(B) used for aiding or assisting one or more vessels at sea in the performance of large-scale driftnet fishing,
including preparation, supply, storage, refrigeration, transportation, or processing.
(Pub. L. 102–582, title I, §104, Nov. 2, 1992, 106 Stat. 4903.)
Editorial Notes
References in Text
Sections 1826a to 1826c of this title, referred to in text, was in the original "this title", meaning title I of Pub.
L. 102–582, Nov. 2, 1992, 106 Stat. 4901, which enacted sections 1826a to 1826c of this title and amended
section 1371 of this title. For complete classification of title I to the Code, see Tables.
Codification
Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the
Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
§1826d. Prohibition
The United States, or any agency or official acting on behalf of the United States, may not enter into any international
agreement with respect to the conservation and management of living marine resources or the use of the high seas by
fishing vessels that would prevent full implementation of the global moratorium on large-scale driftnet fishing on the
high seas, as such moratorium is expressed in Resolution 46/215 of the United Nations General Assembly.
(Pub. L. 104–43, title VI, §603, Nov. 3, 1995, 109 Stat. 392.)
Editorial Notes
Codification
Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as
part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and
Management Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Congressional Findings
Pub. L. 104–43, title VI, §602, Nov. 3, 1995, 109 Stat. 391, provided that: "The Congress finds that—
"(1) Congress has enacted and the President has signed into law numerous Acts to control or
prohibit large-scale driftnet fishing both within the jurisdiction of the United States and beyond the
exclusive economic zone of any nation, including the Driftnet Impact Monitoring, Assessment, and
Control Act of 1987 (title IV, Public Law 100–220) [16 U.S.C. 1822 note], the Driftnet Act Amendments of
1990 (Public Law 101–627) [16 U.S.C. 1826], and the High Seas Driftnet Fisheries Enforcement Act (title I,
Public Law 102–582) [see Short Title of 1992 Amendment note set out under section 1801 of this title];
"(2) the United States is a party to the Convention for the Prohibition of Fishing with Long Driftnets
in the South Pacific, also known as the Wellington Convention;
"(3) the General Assembly of the United Nations has adopted three resolutions and three decisions
which established and reaffirm a global moratorium on large-scale driftnet fishing on the high seas,
beginning with Resolution 44/225 in 1989 and most recently in Decision 48/445 in 1993;
"(4) the General Assembly of the United Nations adopted these resolutions and decisions at the
request of the United States and other concerned nations;
"(5) the best scientific information demonstrates the wastefulness and potentially destructive
impacts of large-scale driftnet fishing on living marine resources and seabirds; and
"(6) Resolution 46/215 of the United Nations General Assembly calls on all nations, both
individually and collectively, to prevent large-scale driftnet fishing on the high seas."
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§1826e. Negotiations
The Secretary of State, on behalf of the United States, shall seek to enhance the implementation and effectiveness
of the United Nations General Assembly resolutions and decisions regarding the moratorium on large-scale driftnet
fishing on the high seas through appropriate international agreements and organizations.
(Pub. L. 104–43, title VI, §604, Nov. 3, 1995, 109 Stat. 392.)
Editorial Notes
Codification
Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as
part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and
Management Act which comprises this chapter.
§1826f. Certification
The Secretary of State shall determine in writing prior to the signing or provisional application by the United States of
any international agreement with respect to the conservation and management of living marine resources or the use of
the high seas by fishing vessels that the prohibition contained in section 1826d of this title will not be violated if such
agreement is signed or provisionally applied.
(Pub. L. 104–43, title VI, §605, Nov. 3, 1995, 109 Stat. 392.)
Editorial Notes
Codification
Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as
part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and
Management Act which comprises this chapter.
§1826g. Enforcement
(a) In general
The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce this Act, and
the Acts to which this section applies, in accordance with this section. Each such Secretary may, by agreement, on a
reimbursable basis or otherwise, utilize the personnel services, equipment (including aircraft and vessels), and facilities
of any other Federal agency, and of any State agency, in the performance of such duties.
(b) Acts to which section applies
This section applies to—
(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et seq.);
(2) the Dolphin Protection Consumer Information Act (16 U.S.C. 1385);
(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.);
(4) the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5001 et seq.);
(5) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.);
(6) the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.);
(7) the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.);
(8) the Antigua Convention Implementing Act of 2015; and
(9) the Ensuring Access to Pacific Fisheries Act.
(c) Administration and enforcement
(1) In general
The Secretary shall prevent any person from violating this Act, or any Act to which this section applies, in the same
manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311
of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were
incorporated into and made a part of and applicable to this Act and each such Act.
(2) International cooperation
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The Secretary may, subject to appropriations and in the course of carrying out the Secretary's responsibilities
under the Acts to which this section applies, engage in international cooperation to help other nations combat illegal,
unreported, and unregulated fishing and achieve sustainable fisheries.
(d) Special rules
(1) Additional enforcement authority
In addition to the powers of officers authorized pursuant to subsection (c), any officer who is authorized by the
Secretary, or the head of any Federal or State agency that has entered into an agreement with the Secretary under
subsection (a), may enforce the provisions of any Act to which this section applies, with the same jurisdiction,
powers, and duties as though section 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861) were incorporated into and made a part of each such Act.
(2) Disclosure of enforcement information
(A) In general
The Secretary, subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881a), may disclose, as necessary and appropriate, information,
including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.) or
the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.) or other
statutes implementing international fishery agreements, to any other Federal or State government agency, the
Food and Agriculture Organization of the United Nations, the secretariat or equivalent of an international fishery
management organization or arrangement made pursuant to an international fishery agreement, or a foreign
government, if—
(i) such government, organization, or arrangement has policies and procedures to protect such information
from unintended or unauthorized disclosure; and
(ii) such disclosure is necessary—
(I) to ensure compliance with any law or regulation enforced or administered by the Secretary;
(II) to administer or enforce any international fishery agreement to which the United States is a party;
(III) to administer or enforce a binding conservation measure adopted by any international organization or
arrangement to which the United States is a party;
(IV) to assist in any investigative, judicial, or administrative enforcement proceeding in the United States; or
(V) to assist in any law enforcement action undertaken by a law enforcement agency of a foreign
government, or in relation to a legal proceeding undertaken by a foreign government to the extent the
enforcement action is consistent with rules and regulations of a regional fisheries management organization
(as that term is defined by the United Nation's 1 Food and Agriculture Organization Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the United
States is a member, or the Secretary has determined that the enforcement action is consistent with the
requirements under Federal law for enforcement actions with respect to illegal, unreported, and unregulated
fishing.
(B) Data confidentiality provisions not applicable
The data confidentiality provisions of section 402 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a) shall not apply with respect to this Act with respect to—
(i) any obligation of the United States to share information under a regional fisheries management
organization (as that term is defined by the United Nation's 1 Food and Agriculture Organization Agreement on
Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the
United States is a member; or
(ii) any information collected by the Secretary regarding foreign vessels.
(e) Prohibited acts
It is unlawful for any person—
(1) to violate any provision of this Act or any regulation or permit issued pursuant to this Act;
(2) to refuse to permit any officer authorized to enforce the provisions of this Act to board, search, or inspect a
vessel, subject to such person's control for the purposes of conducting any search, investigation, or inspection in
connection with the enforcement of this Act, any regulation promulgated under this Act, or any Act to which this
section applies;
(3) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the
conduct of any search, investigation, or inspection described in paragraph (2);
(4) to resist a lawful arrest for any act prohibited by this section or any Act to which this section applies;
(5) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person,
knowing that such person has committed any act prohibited by this section or any Act to which this section applies;
or
(6) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with—
(A) any observer on a vessel under this Act or any Act to which this section applies; or
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(B) any data collector employed by the National Marine Fisheries Service or under contract to any person to
carry out responsibilities under this Act or any Act to which this section applies.
(f) Civil penalty
Any person who commits any act that is unlawful under subsection (e) shall be liable to the United States for a civil
penalty, and may be subject to a permit sanction, under section 308 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1858).
(g) Criminal penalty
Any person who commits an act that is unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is deemed to
be guilty of an offense punishable under section 309(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1859(b)).
(h) Utilization of Federal agency assets
The President shall utilize appropriate assets of the Department of Defense, the United States Coast Guard, and
other Federal agencies to detect, monitor, and prevent violations of the United Nations moratorium on large-scale
driftnet fishing on the high seas for all fisheries under the jurisdiction of the United States and, in the case of fisheries
not under the jurisdiction of the United States, to the fullest extent permitted under international law.
(Pub. L. 104–43, title VI, §606, Nov. 3, 1995, 109 Stat. 392; Pub. L. 114–81, title I, §101(a)(1), Nov. 5, 2015, 129 Stat.
650; Pub. L. 114–327, title IV, §401(a), Dec. 16, 2016, 130 Stat. 1994.)
Editorial Notes
References in Text
This Act, referred to in subsecs. (a), (c)(1), (d)(2)(B), and (e)(1), (2), and (6), probably means title VI of
Pub. L. 104–43, Nov. 3, 1995, 109 Stat. 391, known as the High Seas Driftnet Fishing Moratorium Protection
Act, which is classified generally to sections 1826d to 1826k of this title. For complete classification of title VI
to the Code, see Short Title of 1995 Amendment note set out under section 1801 of this title and Tables.
The Pacific Salmon Treaty Act of 1985, referred to in subsec. (b)(1), is Pub. L. 99–5, Mar. 15, 1985, 99
Stat. 7, which is classified generally to chapter 56A (§3631 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 3631 of this title and Tables.
The Dolphin Protection Consumer Information Act, referred to in subsec. (b)(2), is Pub. L. 101–627, title
IX, §901, Nov. 28, 1990, 104 Stat. 4465, which is classified to section 1385 of this title. For complete
classification of this Act to the Code, see Tables.
The Tuna Conventions Act of 1950, referred to in subsec. (b)(3), is act Sept. 7, 1950, ch. 907, 64 Stat.
777, which is classified generally to chapter 16 (§951 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 951 of this title and Tables.
The North Pacific Anadromous Stocks Act of 1992, referred to in subsec. (b)(4), is Pub. L. 102–567, title
VIII, Oct. 29, 1992, 106 Stat. 4309, which is classified generally to chapter 70 (§5001 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note set out under section 5001 of this title
and Tables.
The Atlantic Tunas Convention Act of 1975, referred to in subsecs. (b)(5) and (d)(2)(A), is Pub. L. 94–70,
Aug. 5, 1975, 89 Stat. 385, which is classified generally to chapter 16A (§971 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note set out under section 971 of this title and
Tables.
The Northwest Atlantic Fisheries Convention Act of 1995, referred to in subsec. (b)(6), is Pub. L. 104–43,
title II, Nov. 3, 1995, 109 Stat. 377, which is classified generally to chapter 76 (§5601 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note set out under section 5601 of this title
and Tables.
The Western and Central Pacific Fisheries Convention Implementation Act, referred to in subsecs. (b)
(7) and (d)(2)(A), is Pub. L. 109–479, title V, Jan. 12, 2007, 120 Stat. 3635, which is classified generally to
chapter 88 (§6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title
note set out under section 6901 of this title and Tables.
The Antigua Convention Implementing Act of 2015, referred to in subsec. (b)(8), is Pub. L. 114–81, title II,
Nov. 5, 2015, 129 Stat. 660. For complete classification of this Act to the Code, see Short Title of 2015
Amendment note set out under section 951 of this title and Tables.
The Ensuring Access to Pacific Fisheries Act, referred to in subsec. (b)(9), is Pub. L. 114–327, Dec. 16,
2016, 130 Stat. 1974. For complete classification of this Act to the Code, see Short Title note set out under
section 7701 of this title and Tables.
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (d)(2)(A), is
Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of this
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title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of
this title and Tables.
Codification
Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as
part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and
Management Act which comprises this chapter.
Amendments
2016—Subsec. (b)(9). Pub. L. 114–327 added par. (9).
2015—Pub. L. 114–81 designated existing provisions as subsec. (h), inserted heading, and added
subsecs. (a) to (g).
Statutory Notes and Related Subsidiaries
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.
1 So in original.
§1826h. Biennial report on international compliance
(a) In general
The Secretary, in consultation with the Secretary of State, shall provide to Congress, by not later than 2 years after
January 12, 2007, and every 2 years thereafter, on June 1 of that year a report that includes—
(1) the state of knowledge on the status of international living marine resources shared by the United States or
subject to treaties or agreements to which the United States is a party, including a list of all such fish stocks classified
as overfished, overexploited, depleted, endangered, or threatened with extinction by any international or other
authority charged with management or conservation of living marine resources;
(2) a list of nations that have been identified under section 1826j(a) or 1826k(a) of this title, including the specific
offending activities and any subsequent actions taken pursuant to section 1826j or 1826k of this title;
(3) a description of efforts taken by nations on those lists to comply take appropriate corrective action consistent
with sections 1826j and 1826k of this title, and an evaluation of the progress of those efforts, including steps taken by
the United States to implement those sections and to improve international compliance;
(4) progress at the international level, consistent with section 1826i of this title, to strengthen the efforts of
international fishery management organizations to end illegal, unreported, or unregulated fishing; and
(5) steps taken by the Secretary at the international level to adopt international measures comparable to those of
the United States to reduce impacts of fishing and other practices on protected living marine resources, if no
international agreement to achieve such goal exists, or if the relevant international fishery or conservation
organization has failed to implement effective measures to end or reduce the adverse impacts of fishing practices on
such species.
(b) Additional information
In addition to the information described in paragraphs (1) through (5) of subsection (a), the report shall include—
(1) a description of the actions taken to carry out the provisions of section 1826 of this title, including—
(A) an evaluation of the progress of those efforts, the impacts on living marine resources, including available
observer data, and specific plans for further action;
(B) a list and description of any new fisheries developed by nations that conduct, or authorize their nationals to
conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation; and
(C) a list of the nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond
the exclusive economic zone of any nation in a manner that diminishes the effectiveness of or is inconsistent with
any international agreement governing large-scale driftnet fishing to which the United States is a party or
otherwise subscribes; and
(2) a description of the actions taken to carry out the provisions of section 1822(h) of this title.
(c) Certification
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If, at any time, the Secretary, in consultation with the Secretary of State and the Secretary of the department in which
the Coast Guard is operating, identifies any nation that warrants inclusion in the list described under subsection (b)(1)
(C), due to large scale drift net fishing, the Secretary shall certify that fact to the President. Such certification shall be
deemed to be a certification for the purposes of section 1978(a) of title 22.
(Pub. L. 104–43, title VI, §607, as added Pub. L. 109–479, title IV, §403(a), Jan. 12, 2007, 120 Stat. 3626; amended
Pub. L. 114–81, title I, §101(i)(1), Nov. 5, 2015, 129 Stat. 655; Pub. L. 114–327, title IV, §401(b), Dec. 16, 2016, 130
Stat. 1994; Pub. L. 117–328, div. S, title II, §205(b)(2), Dec. 29, 2022, 136 Stat. 5270.)
Editorial Notes
Codification
Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as
part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and
Management Act which comprises this chapter.
Amendments
2022—Pub. L. 117–328, §205(b)(2), designated existing provisions as subsec. (a), inserted heading,
added subsecs. (b) and (c), and realigned margins.
2016—Pub. L. 114–327, in introductory provisions, inserted "on June 1 of that year" after "every 2 years
thereafter,".
2015—Par. (2). Pub. L. 114–81 substituted "that" for "whose vessels".
§1826i. Action to strengthen international fishery management organizations
(a) In general
The Secretary, in consultation with the Secretary of State, and in cooperation with relevant fishery management
councils and any relevant advisory committees, shall take actions to improve the effectiveness of international fishery
management organizations, or arrangements made pursuant to an international fishery agreement, in conserving and
managing fish stocks under their jurisdiction. These actions shall include—
(1) urging international fishery management organizations to which the United States is a member—
(A) to incorporate multilateral market-related measures against member or nonmember governments whose
vessels engage in illegal, unreported, or unregulated fishing;
(B) to seek adoption of lists that identify fishing vessels and vessel owners engaged in illegal, unreported, or
unregulated fishing that can be shared among all members and other international fishery management
organizations;
(C) to seek international adoption of a centralized vessel monitoring system in order to monitor and document
capacity in fleets of all nations involved in fishing in areas under an international fishery management
organization's jurisdiction;
(D) to increase use of observers and technologies needed to monitor compliance with conservation and
management measures established by the organization, including vessel monitoring systems and automatic
identification systems;
(E) to seek adoption of stronger port state controls in all nations, particularly those nations in whose ports
vessels engaged in illegal, unreported, or unregulated fishing land or transship fish; and
(F) to adopt shark conservation measures, including measures to prohibit removal of any of the fins of a shark
(including the tail) and discarding the carcass of the shark at sea;
(2) urging international fishery management organizations to which the United States is a member, as well as all
members of those organizations, to adopt and expand the use of market-related measures to combat illegal,
unreported, or unregulated fishing, including—
(A) import prohibitions, landing restrictions, or other market-based measures needed to enforce compliance with
international fishery management organization measures, such as quotas and catch limits;
(B) import restrictions or other market-based measures to prevent the trade or importation of fish caught by
vessels identified multilaterally as engaging in illegal, unreported, or unregulated fishing; and
(C) catch documentation and certification schemes to improve tracking and identification of catch of vessels
engaged in illegal, unreported, or unregulated fishing, including advance transmission of catch documents to ports
of entry;
(3) seeking to enter into international agreements that require measures for the conservation of sharks, including
measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark
at sea, that are comparable to those of the United States, taking into account different conditions; and
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(4) urging other nations at bilateral, regional, and international levels, including the Convention on International
Trade in Endangered Species of Fauna and Flora and the World Trade Organization to take all steps necessary,
consistent with international law, to adopt measures and policies that will prevent fish or other living marine
resources harvested by vessels engaged in illegal, unreported, or unregulated fishing from being traded or imported
into their nation or territories.
(b) Disclosure of information
(1) In general
The Secretary, subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881a) except as provided in paragraph (2), may disclose, as
necessary and appropriate, information, including information collected under joint authority of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act
of 1975 (16 U.S.C. 71 et seq.), the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C.
6901 et seq.), any other statute implementing an international fishery agreement, to any other Federal or State
government agency, the Food and Agriculture Organization of the United Nations, or the secretariat or equivalent of
an international fishery management organization or arrangement made pursuant to an international fishery
agreement, if such government, organization, or arrangement, respectively, has policies and procedures to protect
such information from unintended or unauthorized disclosure.
(2) Exceptions
The data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a) shall not apply with respect to this Act—
(A) for obligations of the United States to share information under a regional fisheries management organization
(as that term is defined by the United Nation's 1 Food and Agriculture Organization Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the United States
is a member; or
(B) to any information collected by the Secretary regarding foreign vessels.
(c) IUU vessel lists
The Secretary may—
(1) develop, maintain, and make public a list of vessels and vessel owners engaged in illegal, unreported, or
unregulated fishing or fishing-related activities in support of illegal, unreported, or unregulated fishing, including
vessels or vessel owners identified by an international fishery management organization or arrangement made
pursuant to an international fishery agreement, that—
(A) the United States is party to; or
(B) the United States is not party to, but whose procedures and criteria in developing and maintaining a list of
such vessels and vessel owners are substantially similar to such procedures and criteria adopted pursuant to an
international fishery agreement to which the United States is a party; and
(2) take appropriate action against listed vessels and vessel owners, including action against fish, fish parts, or fish
products from such vessels, in accordance with applicable United States law and consistent with applicable
international law, including principles, rights, and obligations established in applicable international fishery
management agreements and trade agreements.
(d) Regulations
The Secretary may promulgate regulations to implement this section.
(Pub. L. 104–43, title VI, §608, as added Pub. L. 109–479, title IV, §403(a), Jan. 12, 2007, 120 Stat. 3627; amended
Pub. L. 111–348, title I, §102(a), Jan. 4, 2011, 124 Stat. 3668; Pub. L. 114–81, title I, §101(b), Nov. 5, 2015, 129 Stat.
653.)
Editorial Notes
References in Text
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(1), is
Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of this
title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of
this title and Tables.
The Atlantic Tunas Convention Act of 1975, referred to in subsec. (b)(1), is Pub. L. 94–70, Aug. 5, 1975,
89 Stat. 385, which is classified generally to chapter 16A (§971 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 971 of this title and Tables.
The Western and Central Pacific Fisheries Convention Implementation Act, referred to in subsec. (b)
(1), is Pub. L. 109–479, title V, Jan. 12, 2007, 120 Stat. 3635, which is classified generally to chapter 88
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(§6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out
under section 6901 of this title and Tables.
This Act, referred to in subsec. (b)(2), probably means title VI of Pub. L. 104–43, Nov. 3, 1995, 109 Stat.
391, known as the High Seas Driftnet Fishing Moratorium Protection Act, which is classified generally to
sections 1826d to 1826k of this title. For complete classification of title VI to the Code, see Short Title of 1995
Amendment note set out under section 1801 of this title and Tables.
Codification
Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as
part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and
Management Act which comprises this chapter.
Amendments
2015—Pub. L. 114–81 designated existing provisions as subsec. (a), inserted heading and ", or
arrangements made pursuant to an international fishery agreement," after "organizations" in introductory
provisions, and added subsecs. (b) to (d).
2011—Par. (1)(F). Pub. L. 111–348, §102(a)(1), added subpar. (F).
Par. (2)(C). Pub. L. 111–348, §102(a)(2), struck out "and" at end.
Par. (3). Pub. L. 111–348, §102(a)(4), added par. (3). Former par. (3) redesignated (4).
Par. (4). Pub. L. 111–348, §102(a)(3), redesignated par. (3) as (4).
Statutory Notes and Related Subsidiaries
Construction
Pub. L. 111–348, title I, §104, as added by Pub. L. 115–228, §2(1), Aug. 2, 2018, 132 Stat. 1628, provided
that: "Nothing in this title [see Short Title of 2011 Amendment note set out under section 1801 of this title] or
the amendments made by this title shall be construed as affecting, altering, or diminishing in any way the
authority of the Secretary of Commerce to establish such conservation and management measures as
the Secretary considers necessary and appropriate under sections 302(a)(3) and 304(g) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(3), 1854(g))."
[Another section 104 of Pub. L. 111–348 amended section 4107 of this title, prior to repeal by Pub. L. 115–
228, §2(1), Aug. 2, 2018, 132 Stat. 1628.]
1 So in original.
§1826j. Illegal, unreported, or unregulated fishing
(a) Identification
(1) Identification for actions of fishing vessels
The Secretary shall, based on a cumulative compilation and analysis of data collected and provided by
international fishery management organizations and other nations and organizations, identify, and list in the report
under section 1826h of this title, a nation if any fishing vessel of that nation is engaged, or has been engaged at any
point during the preceding 3 years, in illegal, unreported, or unregulated fishing—
(A) that undermines the effectiveness of measures required by an international fishery management
organization, taking into account whether the relevant international fishery management organization has failed to
implement effective measures to end the illegal, unreported, or unregulated fishing activity by that nation or the
nation is not a party to, or does not maintain cooperating status with, such organization; or
(B) where no international fishery management organization exists with a mandate to regulate the fishing activity
in question.
(2) For actions of a nation
The Secretary shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or
unregulated fishing. In determining which nations to list in such report, the Secretary shall consider the following:
(A) Any nation that is violating, or has violated at any point during the 3 years preceding the date of the
determination, conservation and management measures, including catch and other data reporting obligations and
requirements, required under an international fishery management agreement to which the United States is a
party.
(B) Any nation that is failing, or has failed in the 3-year period preceding the date of the determination, to
effectively address or regulate illegal, unreported, or unregulated fishing within its fleets in any areas where its
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vessels are fishing.
(C) Any nation that fails to discharge duties incumbent upon it under international law or practice as a flag, port,
or coastal state to take action to prevent, deter, and eliminate illegal, unreported, or unregulated fishing.
(D) Any nation that has been identified as producing for export to the United States seafood-related goods
through forced labor or oppressive child labor (as those terms are defined in section 11329 of the Don Young
Coast Guard Authorization Act of 2022) in the most recent List of Goods Produced by Child Labor or Forced Labor
in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).
(3) Application to other entities
Where the provisions of this Act are applicable to nations, they shall also be applicable, as appropriate, to other
entities that have competency to enter into international fishery management agreements.
(4) Timing
The Secretary shall make an identification under paragraph (1) or (2) at any time that the Secretary has sufficient
information to make such identification.
(b) Notification
The Secretary shall notify the President and that nation of such an identification.
(c) Consultation
No later than 60 days after submitting a report to Congress under section 1826h of this title, the Secretary, acting
through the Secretary of State, shall—
(1) notify nations listed in the report of the requirements of this section;
(2) initiate consultations for the purpose of encouraging such nations to take the appropriate corrective action with
respect to the offending activities of their fishing vessels identified in the report; and
(3) notify any relevant international fishery management organization of the actions taken by the United States
under this section.
(d) IUU certification procedure
(1) Certification
The Secretary shall establish a procedure, consistent with the provisions of subchapter II of chapter 5 of title 5, for
determining if a nation identified under subsection (a) and listed in the report under section 1826h of this title has
taken appropriate corrective action with respect to the offending activities identified in the report under section 1826h
of this title. The certification procedure shall provide for notice and an opportunity for comment by any such nation.
The Secretary shall determine, on the basis of the procedure, and certify to the Congress no later than 90 days after
the date on which the Secretary promulgates a final rule containing the procedure, and biennially thereafter in the
report under section 1826h of this title—
(A) whether the government of each nation identified under subsection (a) has provided documentary evidence
that it has taken corrective action with respect to the offending activities identified in the report; or
(B) whether the relevant international fishery management organization has implemented measures that are
effective in ending the illegal, unreported, or unregulated fishing activity by vessels of that nation.
(2) Alternative procedure
The Secretary may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other
basis the importation of fish or fish products from a vessel of a nation issued a negative certification under paragraph
(1) if the Secretary determines that—
(A) the vessel has not engaged in illegal, unreported, or unregulated fishing under an international fishery
management agreement to which the United States is a party; or
(B) the vessel is not identified by an international fishery management organization as participating in illegal,
unreported, or unregulated fishing activities.
(3) Effect of certification determination
(A) Effect of negative certification
The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of section 1826a of this title shall
apply to any nation that, after being identified and notified under subsection (b) has failed to take the appropriate
corrective actions for which the Secretary has issued a negative certification under this subsection.
(B) Effect of positive certification
The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of section 1826a of this title shall
not apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification
under this subsection.
(e) Illegal, unreported, or unregulated fishing defined
(1) In general
In this Act the term "illegal, unreported, or unregulated fishing" has the meaning established under paragraph (2).
(2) Secretary to define term within legislative guidelines
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Within 3 months after January 12, 2007, the Secretary shall publish a definition of the term "illegal, unreported, or
unregulated fishing" for purposes of this Act.
(3) Guidelines
The Secretary shall include in the definition, at a minimum—
(A) fishing activities that violate conservation and management measures required under an international fishery
management agreement to which the United States is a party, including catch limits or quotas, capacity
restrictions, bycatch reduction requirements, and shark conservation measures;
(B) overfishing of fish stocks shared by the United States, for which there are no applicable international
conservation or management measures or in areas with no applicable international fishery management
organization or agreement, that has adverse impacts on such stocks; and
(C) fishing activity that has an adverse impact on seamounts, hydrothermal vents, and cold water corals located
beyond national jurisdiction, for which there are no applicable conservation or management measures or in areas
with no applicable international fishery management organization or agreement.
(f) Authorization of appropriations
There are authorized to be appropriated to the Secretary for fiscal years 2007 through 2013 such sums as are
necessary to carry out this section.
(Pub. L. 104–43, title VI, §609, as added Pub. L. 109–479, title IV, §403(a), Jan. 12, 2007, 120 Stat. 3628; amended
Pub. L. 111–348, title I, §102(b), Jan. 4, 2011, 124 Stat. 3669; Pub. L. 114–81, title I, §101(c), (e), (g)(1), (2), (i)(2)–(4),
Nov. 5, 2015, 129 Stat. 654, 655; Pub. L. 114–327, title IV, §401(c), Dec. 16, 2016, 130 Stat. 1995; Pub. L. 117–263,
div. K, title CXIII, §11337, Dec. 23, 2022, 136 Stat. 4102; Pub. L. 117–328, div. S, title IV, §401(1), Dec. 29, 2022, 136
Stat. 5274.)
Editorial Notes
References in Text
Section 11329 of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (a)(2)
(D), is section 11329 of div. K of Pub. L. 117–263, which is set out as a note under section 1885a of this title.
The Trafficking Victims Protection Act of 2000, referred to in subsec. (a)(2)(D), is div. A of Pub. L. 106–
386, Oct. 28, 2000, 114 Stat. 1466, which is classified principally to chapter 78 (§7101 et seq.) of Title 22,
Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note
set out under section 7101 of Title 22 and Tables.
This Act, referred to in subsecs. (a)(3) and (e)(1), (2), probably means title VI of Pub. L. 104–43, Nov. 3,
1995, 109 Stat. 391, known as the High Seas Driftnet Fishing Moratorium Protection Act, which is classified
generally to sections 1826d to 1826k of this title. For complete classification of title VI to the Code, see Short
Title of 1995 Amendment note set out under section 1801 of this title and Tables.
Codification
Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as
part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and
Management Act which comprises this chapter.
Amendments
2022—Subsec. (a)(2). Pub. L. 117–263, §11337(a)(1), added par. (2) and struck out former par. (2). Prior
to amendment, text read as follows: "Taking into account the factors described under subsection (a)(1),
the Secretary shall also identify, and list in such report, a nation—
"(A) if it is violating, or has violated at any point during the preceding 3 years, conservation and
management measures required under an international fishery management agreement to which the
United States is a party and the violations undermine the effectiveness of such measures; or
"(B) if it is failing, or has failed in the preceding 3-year period, to effectively address or regulate
illegal, unreported, or unregulated fishing in areas described under paragraph (1)(B)."
Subsec. (a)(4). Pub. L. 117–263, §11337(a)(2), added par. (4).
Subsec. (d)(3). Pub. L. 117–263, §11337(b)(1), added par. (3) and struck out former par. (3) which related
to effect of certification.
Subsecs. (e) to (g). Pub. L. 117–328, §401(1), redesignated subsecs. (f) and (g) as (e) and (f),
respectively, and struck out former subsec. (e) which related to recordkeeping requirements.
Pub. L. 117–263, §11337(b)(2), (3), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f)
and (g), respectively.
2016—Subsec. (a)(1). Pub. L. 114–327 substituted "any fishing vessel of that nation is engaged, or has"
for "fishing vessels of that nation are engaged, or have" in introductory provisions.
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2015—Subsec. (a). Pub. L. 114–81, §101(g)(1), (2), designated existing provisions as par. (1), inserted
heading, and, in introductory provisions, inserted ", based on a cumulative compilation and analysis of
data collected and provided by international fishery management organizations and other nations and
organizations," after "shall" and substituted "3 years" for "2 years"; redesignated former pars. (1) and (2)
as subpars. (A) and (B), respectively, of par. (1), realigned margins, and, in subpar. (A), inserted "that
undermines the effectiveness of measures required by an international fishery management organization,
taking into account whether" before "the relevant" and struck out "vessels of" after "activity by"; and
added pars. (2) and (3).
Subsec. (b). Pub. L. 114–81, §101(c), amended subsec. (b) generally. Prior to amendment, text read as
follows: "An identification under subsection (a) or section 1826k(a) of this title is deemed to be an
identification under section 1826a(b)(1)(A) of this title, and the Secretary shall notify the President and that
nation of such identification."
Subsec. (d)(1). Pub. L. 114–81, §101(i)(2), struck out "of its fishing vessels" after "offending activities" in
introductory provisions.
Subsec. (d)(1)(A). Pub. L. 114–81, §101(i)(3), struck out "of its fishing vessels" after "offending activities".
Subsec. (d)(2). Pub. L. 114–81, §101(i)(4), in introductory provisions, substituted "to authorize" for "for
certification", inserted "the importation" after "or other basis", struck out "harvesting" before "nation", and
substituted "issued a negative certification under paragraph (1)" for "not certified under paragraph (1)".
Subsec. (d)(3)(A)(i). Pub. L. 114–81, §101(e), struck out "that has not been certified by the Secretary
under this subsection, or" after "subsection (a)".
2011—Subsec. (e)(3)(A). Pub. L. 111–348 substituted "bycatch reduction requirements, and shark
conservation measures;" for "and bycatch reduction requirements;".
Statutory Notes and Related Subsidiaries
Construction
Nothing in amendment by Pub. L. 111–348 to be construed as affecting, altering, or diminishing the
authority of the Secretary of Commerce to establish such conservation and management measures as
the Secretary considers necessary and appropriate under sections 1852(a)(3) and 1854(g) of this title, see
section 104 of Pub. L. 111–348, set out as a note under section 1826i of this title.
§1826k. Equivalent conservation measures
(a) Identification
(1) In general
The Secretary shall identify and list in the report under section 1826h of this title—
(A) a nation if—
(i) any fishing vessel of that nation is engaged, or has been engaged during the 3 years preceding the date of
the determination, in fishing activities or practices on the high seas or within the exclusive economic zone of any
nation, that have resulted in bycatch of a protected living marine resource; and
(ii) the vessel's flag state has not adopted, implemented, and enforced a regulatory program governing such
fishing designed to end or reduce such bycatch that is comparable in effectiveness to the regulatory program of
the United States, taking into account differing conditions; and
(B) a nation if—
(i) any fishing vessel of that nation is engaged, or has engaged during the 3 years preceding the date of the
determination, in fishing activities on the high seas or within the exclusive economic zone of another nation that
target or incidentally catch sharks; and
(ii) the vessel's flag state has not adopted, implemented, and enforced a regulatory program to provide for the
conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail,
before landing the shark in port, that is comparable to that of the United States.
(2) Timing
The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient
information to make such identification.
(b) Consultation and negotiation
The Secretary of State, acting in consultation with the Secretary, shall—
(1) notify, as soon as practicable, the President and nations that are engaged in, or that have any fishing vessels
engaged in, fishing activities or practices described in subsection (a), about the provisions of this Act;
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(2) initiate discussions as soon as practicable with all foreign nations that are engaged in, or a fishing vessel of
which has engaged in, fishing activities described in subsection (a), for the purpose of entering into bilateral and
multilateral treaties with such nations to protect such species and to address any underlying failings or gaps that may
have contributed to identification under this Act; and
(3) initiate the amendment of any existing international treaty for the protection and conservation of such species
to which the United States is a party in order to make such treaty consistent with the purposes and policies of this
section.
(c) Conservation certification procedure
(1) Determination
The Secretary shall establish a procedure consistent with the provisions of subchapter II of chapter 5 of title 5 for
determining whether the government of a harvesting nation identified under subsection (a) and listed in the report
under section 1826h of this title—
(A) has provided documentary evidence of the adoption of a regulatory program governing the conservation of
the protected living marine resource that is comparable to that of the United States, taking into account different
conditions, and which, in the case of pelagic longline fishing, includes mandatory use of circle hooks, careful
handling and release equipment, and training and observer programs; and
(B) has established a management plan containing requirements that will assist in gathering species-specific
data to support international stock assessments and conservation enforcement efforts for protected living marine
resources.
(2) Procedural requirement
The procedure established by the Secretary under paragraph (1) shall include notice and opportunity for comment
by the public and any such nation.
(3) Certification
The Secretary shall certify to the Congress by January 31, 2007, and biennially thereafter whether each such
nation has provided the documentary evidence described in paragraph (1)(A) and established a management plan
described in paragraph (1)(B).
(4) Alternative procedure
The Secretary may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other
basis the importation of fish or fish products from a vessel of a nation issued a negative certification under paragraph
(1) if the Secretary determines that such imports were harvested by practices that do not result in bycatch of a
protected marine species, or were harvested by practices that—
(A) are comparable to those of the United States, taking into account different conditions; and
(B) include the gathering of species specific data that can be used to support international and regional stock
assessments and conservation efforts for protected living marine resources.
(5) Effect of certification
The provisions of section 1826a(a) and section 1826a(b)(3) and (4) of this title shall apply to any nation identified
under subsection (a) for which the Secretary has issued a negative certification under this subsection, but shall not
apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification under
this subsection.
(d) International cooperation and assistance
To the greatest extent possible consistent with existing authority and the availability of funds, the Secretary shall—
(1) provide appropriate assistance to nations identified by the Secretary under subsection (a) and international
organizations of which those nations are members to assist those nations in qualifying for certification under
subsection (c);
(2) undertake, where appropriate, cooperative research activities on species statistics and improved harvesting
techniques, with those nations or organizations;
(3) encourage and facilitate the transfer of appropriate technology to those nations or organizations to assist those
nations in qualifying for certification under subsection (c); and
(4) provide assistance to those nations or organizations in designing and implementing appropriate fish harvesting
plans.
(e) Protected living marine resource defined
In this section the term "protected living marine resource"—
(1) except as provided in paragraph (2), means nontarget fish, sea turtles, or marine mammals that are protected
under United States law or international agreement, including—
(A) the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(C) the Shark Finning Prohibition Act (16 U.S.C. 1822 note); and
(D) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington
March 3, 1973 (27 UST 1087; TIAS 8249); but
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(2) does not include species, except sharks, managed under the Magnuson-Stevens Fishery Conservation and
Management Act [16 U.S.C. 1801 et seq.], the Atlantic Tunas Convention Act [16 U.S.C. 971 et seq.], or any
international fishery management agreement.
(f) Authorization of appropriations
There are authorized to be appropriated to the Secretary for fiscal years 2007 through 2013 such sums as are
necessary to carry out this section.
(Pub. L. 104–43, title VI, §610, as added Pub. L. 109–479, title IV, §403(a), Jan. 12, 2007, 120 Stat. 3630; amended
Pub. L. 111–348, title I, §102(c)(1), Jan. 4, 2011, 124 Stat. 3669; Pub. L. 114–81, title I, §101(d), (f), (g)(3), (i)(5), Nov.
5, 2015, 129 Stat. 654, 655; Pub. L. 114–327, title IV, §401(d), Dec. 16, 2016, 130 Stat. 1995; Pub. L. 117–263, div. K,
title CXIII, §11338, Dec. 23, 2022, 136 Stat. 4103; Pub. L. 117–328, div. S, title IV, §401(2), Dec. 29, 2022, 136 Stat.
5274.)
Editorial Notes
References in Text
This Act, referred to in subsec. (b)(1), (2), probably means title VI of Pub. L. 104–43, Nov. 3, 1995, 109
Stat. 391, known as the High Seas Driftnet Fishing Moratorium Protection Act, which is classified generally
to sections 1826d to 1826k of this title. For complete classification of title VI to the Code, see Short Title of
1995 Amendment note set out under section 1801 of this title and Tables.
Section 1826a(a) and section 1826a(b)(3) and (4) of this title, referred to in subsec. (c)(5), was in the
original "section 101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4))" and
was translated as meaning section 101(a) and section 101(b)(3) and (4) of the High Seas Driftnet
Fisheries Enforcement Act, to reflect the probable intent of Congress.
The Marine Mammal Protection Act of 1972, referred to in subsec. (e)(1)(A), is Pub. L. 92–522, Oct. 21,
1972, 86 Stat. 1027, which is classified generally to chapter 31 (§1361 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables.
The Endangered Species Act of 1973, referred to in subsec. (e)(1)(B), is Pub. L. 93–205, Dec. 28, 1973,
87 Stat. 884, which is classified principally to chapter 35 (§1531 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
The Shark Finning Prohibition Act, referred to in subsec. (e)(1)(C), is Pub. L. 106–557, Dec. 21, 2000, 114
Stat. 2772, which is set out as a note under section 1822 of this title. For complete classification of this Act to
the Code, see Tables.
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (e)(2), is
Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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.
The Atlantic Tunas Convention Act, referred to in subsec. (e)(2), probably means the Atlantic Tunas
Convention Act of 1975, Pub. L. 94–70, Aug. 5, 1975, 89 Stat. 385, which is classified generally to chapter
16A (§971 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 971 of this title and Tables.
Codification
Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as
part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and
Management Act which comprises this chapter.
Amendments
2022—Subsec. (a). Pub. L. 117–263, §11338(a), amended subsec. (a) generally. Prior to amendment,
subsec. (a) related to identification of nations with certain fishing activities that resulted in bycatch of
protected living marine resources and that targeted or incidentally caught sharks.
Subsec. (b). Pub. L. 117–263, §11338(b), amended subsec. (b) generally. Prior to amendment, subsec.
(b) related to consultation and negotiation with foreign governments regarding bilateral and multilateral
treaties and agreements to protect certain species.
Subsec. (b)(3), (4). Pub. L. 117–328, §401(2)(A), redesignated par. (4) as (3) and struck out former par.
(3) which read as follows: "seek agreements calling for international restrictions on fishing activities or
practices described in subsection (a) through the United Nations, the Committee on Fisheries of the Food
and Agriculture Organization of the United Nations, and appropriate international fishery management
bodies; and".
Subsec. (c)(2). Pub. L. 117–263, §11338(c)(1), inserted "the public and" after "comment by".
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Subsec. (c)(4)(C). Pub. L. 117–328, §401(2)(B), struck out subpar. (C) which read as follows: "ensure
that any such fish or fish products authorized for entry under this section are imported consistent with the
reporting and the recordkeeping requirements of the Seafood Import Monitoring Program established in
subpart Q of part 300 of title 50, Code of Federal Regulations (or any successor regulation)."
Pub. L. 117–263, §11338(c)(2), added subpar. (C).
Subsec. (c)(5). Pub. L. 117–263, §11338(c)(3), struck out "(except to the extent that such provisions
apply to sport fishing equipment or fish or fish products not caught by the vessels engaged in illegal,
unreported, or unregulated fishing)" after "section 1826a(b)(3) and (4) of this title".
Subsec. (e)(1). Pub. L. 117–263, §11338(d), added par. (1) and struck out former par. (1) which read as
follows: "means non-target fish, sea turtles, or marine mammals that are protected under United States
law or international agreement, including the Marine Mammal Protection Act, the Endangered Species
Act, the Shark Finning Prohibition Act, and the Convention on International Trade in Endangered Species
of Wild Flora and Fauna; but".
2016—Subsec. (a)(2)(A). Pub. L. 114–327 substituted "3 years" for "calendar year".
2015—Subsec. (a)(1)(A). Pub. L. 114–81, §101(g)(3), (i)(5)(A), substituted "3 years" for "calendar year"
and "practices—" for "practices;" in introductory provisions.
Subsec. (b)(1). Pub. L. 114–81, §101(d), amended par. (1) generally. Prior to amendment, text read as
follows: "notify, as soon as possible, other nations whose vessels engage in fishing activities or practices
described in subsection (a), about the provisions of sections 1826d to 1826k of this title;".
Subsec. (c)(4). Pub. L. 114–81, §101(i)(5)(B), added introductory provisions and subpar. (A) and struck
out former introductory provisions and subpar. (A) which related to alternative procedure for certification
of fish or fish products from a vessel of a harvesting nation not certified under paragraph (3).
Subsec. (c)(5). Pub. L. 114–81, §101(f), struck out "that has not been certified by the Secretary under
this subsection, or" after "subsection (a)".
2011—Subsec. (a). Pub. L. 111–348, §102(c)(1)(A), struck out ", a nation if" after "section 1826h of this title"
in introductory provisions.
Pub. L. 111–348, §102(c)(1)(B)–(G), redesignated pars. (1) to (3) as subpars. (A) to (C), respectively,
realigned margins, inserted "(1) a nation if—" before subpar. (A), as so redesignated, redesignated former
subpars. (A) and (B) of par. (1) as cls. (i) and (ii) of subpar. (A), respectively, realigned margins, and
added par. (2).
Statutory Notes and Related Subsidiaries
Construction
Nothing in section 102(c) of Pub. L. 111–348 (amending this section and enacting provisions set out as a
note below) to be construed as affecting, altering, or diminishing the authority of the Secretary of
Commerce to establish such conservation and management measures as the Secretary considers
necessary and appropriate under sections 1852(a)(3) and 1854(g) of this title, see section 104 of Pub. L. 111–
348, set out as a note under section 1826i of this title.
Initial Identifications
Pub. L. 111–348, title I, §102(c)(2), Jan. 4, 2011, 124 Stat. 3669, provided that: "The Secretary of
Commerce shall begin making identifications under paragraph (2) of section 610(a) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)), as added by paragraph (1)(G), not later
than 1 year after the date of the enactment of this Act [Jan. 4, 2011]."
§1827. Observer program regarding certain foreign fishing
(a) Definitions
As used in this section—
(1) The term "Act of 1976" means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(2) The term "billfish" means any species of marlin, spearfish, sailfish or swordfish.
(3) The term "Secretary" means the Secretary of Commerce.
(b) Observer program
The Secretary shall establish a program under which a United States observer will be stationed aboard each foreign
fishing vessel while that vessel—
(1) is in waters that are within—
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(A) the fishery conservation zone established under section 101 of the Act of 1976 [16 U.S.C. 1811],1 and
(B) the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic
Tunas; and
(2) is taking or attempting to take any species of fish if such taking or attempting to take may result in the incidental
taking of billfish.
The Secretary may acquire observers for such program through contract with qualified private persons.
(c) Functions of observers
United States observers, while aboard foreign fishing vessels as required under subsection (b), shall carry out such
scientific and other functions as the Secretary deems necessary or appropriate to carry out this section.
(d) Fees
There is imposed for each year after 1980 on the owner or operator of each foreign fishing vessel that, in the
judgment of the Secretary, will engage in fishing in waters described in subsection (b)(1) during that year which may
result in the incidental taking of billfish a fee in an amount sufficient to cover all of the costs of providing an observer
aboard that vessel under the program established under subsection (a). The fees imposed under this subsection for
any year shall be paid to the Secretary before that year begins. All fees collected by the Secretary under this
subsection shall be deposited in the Fund established by subsection (e).
(e) Fund
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 section. The Fund shall consist of the
fees deposited into it as required under subsection (d). All payments made by the Secretary to carry out this section
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 section shall be kept on deposit or invested in
obligations of, or guaranteed by, the United States.
(f) Prohibited acts
(1) It is unlawful for any person who is the owner or operator of a foreign fishing vessel to which this section applies
—
(A) to violate any regulation issued under subsection (g);
(B) to refuse to pay the fee imposed under subsection (d) after being requested to do so by the Secretary; or
(C) to refuse to permit an individual who is authorized to act as an observer under this section with respect to that
vessel to board the vessel for purposes of carrying out observer functions.
(2) Section 308 of the Act of 1976 [16 U.S.C. 1858] (relating to civil penalties) applies to any act that is unlawful
under paragraph (1), and for purposes of such application the commission of any such act shall be treated as an act
the commission of which is unlawful under section 307 of the Act of 1976 [16 U.S.C. 1857].
(g) Regulations
The Secretary shall issue such regulations as are necessary or appropriate to carry out this section.
(Pub. L. 96–339, §2, Sept. 4, 1980, 94 Stat. 1069; Pub. L. 96–561, title II, §238(b), Dec. 22, 1980, 94 Stat. 3300; Pub.
L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41.)
Editorial Notes
References in Text
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a)(1), is
Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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.
Section 101 of the Act of 1976 [16 U.S.C. 1811], referred to in subsec. (b)(1)(A), which established the
fishery conservation zone, was amended generally by Pub. L. 99–659, title I, §101(b), Nov. 14, 1986, 100
Stat. 3706, and now relates to United States sovereign rights to fish and fishery management authority
within the exclusive economic zone.
Codification
Section was not enacted as part of the Magnuson-Stevens Fishery Conservation and Management Act
which comprises this chapter.
Amendments
1996—Subsec. (a)(1). Pub. L. 104–208 substituted "Magnuson-Stevens Fishery" for "Magnuson Fishery".
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1980—Subsec. (a)(1). Pub. L. 96–561 substituted "Magnuson Fishery Conservation and Management
Act" for "Fishery Conservation and Management Act of 1976".
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided
that the amendment made by that section is effective 15 days after Oct. 11, 1996.
Effective Date of 1980 Amendment
Pub. L. 96–561, title II, §238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that
section is effective 15 days after Dec. 22, 1980.
1 See References in Text note below.
§1827a. Prohibition on sale of billfish
(a) Prohibition
No person shall offer for sale, sell, or have custody, control, or possession of for purposes of offering for sale or
selling billfish or products containing billfish.
(b) Penalty
For purposes of section 1858(a) of this title, a violation of this section shall be treated as an act prohibited by section
1857 of this title.
(c) Exemptions for traditional fisheries and markets
(1) Subsection (a) does not apply to billfish caught by US fishing vessels and landed and retained in the State of
Hawaii or Pacific Insular Areas as defined in section 1802(35) of this title.
(2) Subsection (a) does not apply to billfish landed by foreign fishing vessels in the Pacific Insular Areas when the
foreign caught billfish is exported to non-US markets or retained within Hawaii and the Pacific Insular Areas for local
consumption.
(d) Billfish defined
In this section the term "billfish"—
(1) means any fish of the species—
(A) Makaira nigricans (blue marlin);
(B) Kajikia audax (striped marlin);
(C) Istiompax indica (black marlin);
(D) Istiophorus platypterus (sailfish);
(E) Tetrapturus angustirostris (shortbill spearfish);
(F) Kajikia albida (white marlin);
(G) Tetrapturus georgii (roundscale spearfish);
(H) Tetrapturus belone (Mediterranean spearfish); and
(I) Tetrapturus pfluegeri (longbill spearfish); and
(2) does not include the species Xiphias gladius (swordfish).
(Pub. L. 112–183, §4, Oct. 5, 2012, 126 Stat. 1422; Pub. L. 115–228, §1, Aug. 2, 2018, 132 Stat. 1628.)
Editorial Notes
Codification
Section was enacted as part of the Billfish Conservation Act of 2012 and not as part of the MagnusonStevens Fishery Conservation and Management Act which comprises this chapter.
Amendments
2018—Subsec. (c)(1). Pub. L. 115–228 inserted "and retained" after "landed".
Statutory Notes and Related Subsidiaries
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Findings
Pub. L. 112–183, §2, Oct. 5, 2012, 126 Stat. 1422, provided that: "Congress finds the following:
"(1) The United States carefully regulates its domestic fisheries for billfish and participates in
international fishery management bodies in the Atlantic and Pacific.
"(2) Global billfish populations have declined significantly, however, because of overfishing
primarily through retention of bycatch by non-United States commercial fishing fleets.
"(3) Ending the importation of foreign-caught billfish for sale in the United States aligns with U.S.
management measures of billfish and protects the significant economic benefits to the U.S. economy of
recreational fishing and marine commerce and the traditional cultural fisheries."
§1828. Foreign fishing incursions
(a) In general
Not later than 180 days after July 11, 2006, the Secretary of the department in which the Coast Guard is operating
shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on steps that the Coast Guard will take to
significantly improve the Coast Guard's detection and interdiction of illegal incursions into the United States exclusive
economic zone by foreign fishing vessels.
(b) Specific issues to be addressed
The report shall—
(1) focus on areas in the exclusive economic zone where the Coast Guard has failed to detect or interdict such
incursions in the 4-fiscal-year period beginning with fiscal year 2000, including such areas in the Western/Central
Pacific and the Bering Sea; and
(2) include an evaluation of the potential use of unmanned aircraft and offshore platforms for detecting or
interdicting such incursions.
(c) Biennial updates
The Secretary shall provide biannual reports updating the Coast Guard's progress in detecting or interdicting such
incursions to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
(Pub. L. 109–241, title VIII, §804, July 11, 2006, 120 Stat. 563.)
Editorial Notes
Codification
Section was enacted as part of the Coast Guard and Maritime Transportation Act of 2006, and not as
part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Combination of Fisheries Enforcement Plans and Foreign Fishing Incursion
Reports
Pub. L. 111–207, §4(b), July 27, 2010, 124 Stat. 2251, as amended by Pub. L. 113–281, title II, §221(a)(5),
Dec. 18, 2014, 128 Stat. 3037, provided that: "The Secretary of the department in which the Coast Guard is
operating shall combine the reports required under section 224 of the Coast Guard and Maritime
Transportation Act of 2004 (16 U.S.C. 1861b) and section 804 of the Coast Guard and Maritime
Transportation Act of 2006 (16 U.S.C. 1828) into a single annual report for fiscal years beginning after fiscal
year 2010. No report shall be required under this subsection, including that no report shall be required
under section 224 of the Coast Guard and Maritime Transportation Act of 2004 or section 804 of the
Coast Guard and Maritime Transportation Act of 2006, for fiscal years beginning after fiscal year 2014."
§1829. International monitoring and compliance
(a) In general
The Secretary may undertake activities to promote improved monitoring and compliance for high seas fisheries, or
fisheries governed by international fishery management agreements, and to implement the requirements of this
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subchapter.
(b) Specific authorities
In carrying out subsection (a), the Secretary may—
(1) share information on harvesting and processing capacity and illegal, unreported and unregulated fishing on the
high seas, in areas covered by international fishery management agreements, and by vessels of other nations within
the United States exclusive economic zone, with relevant law enforcement organizations of foreign nations and
relevant international organizations;
(2) further develop real time information sharing capabilities, particularly on harvesting and processing capacity
and illegal, unreported and unregulated fishing;
(3) participate in global and regional efforts to build an international network for monitoring, control, and
surveillance of high seas fishing and fishing under regional or global agreements;
(4) support efforts to create an international registry or database of fishing vessels, including by building on or
enhancing registries developed by international fishery management organizations;
(5) enhance enforcement capabilities through the application of commercial or governmental remote sensing
technology to locate or identify vessels engaged in illegal, unreported, or unregulated fishing on the high seas,
including encroachments into the exclusive economic zone by fishing vessels of other nations;
(6) provide technical or other assistance to developing countries to improve their monitoring, control, and
surveillance capabilities; and
(7) support coordinated international efforts to ensure that all large-scale fishing vessels operating on the high
seas are required by their flag State to be fitted with vessel monitoring systems no later than December 31, 2008, or
earlier if so decided by the relevant flag State or any relevant international fishery management organization.
(Pub. L. 94–265, title II, §207, as added Pub. L. 109–479, title IV, §401, Jan. 12, 2007, 120 Stat. 3625.)
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