“This title may be cited as the ‘International Fisheries Agreement Clarification Act’.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 94–265,
Paragraph (3), referred to in subsec. (f)(1), was repealed by Pub. L. 104–297, title I, § 109(f),
The Atlantic Tunas Convention Act of 1975, referred to in subsec. (g)(2), is Pub. L. 94–70,
The Western and Central Pacific Fisheries Convention Implementation Act, referred to in subsec. (g)(2), is title V of Pub. L. 109–479,
The National Environmental Policy Act, referred to in subsec. (i)(1), probably means the National Environmental Policy Act of 1969, Pub. L. 91–190,
2007—Subsec. (c)(3). Pub. L. 109–479, § 3(d)(2)(A), substituted “limited access privilege” for “individual fishing quota”.
Subsec. (d)(2)(A). Pub. L. 109–479, § 106(b), substituted “management, data collection, and enforcement” for “management and enforcement” in introductory provisions.
Subsec. (d)(2)(A)(i). Pub. L. 109–479, § 3(d)(2)(B), substituted “limited access privilege” for “individual fishing quota”.
Subsec. (d)(2)(C)(i). Pub. L. 109–479, § 106(d), substituted “section 1855(h)(5)(B) of this title.” for “section 1855(h)(5)(B) of this title, except that the portion of any such fees reserved under section 1853(d)(4)(A) of this title shall be deposited in the Treasury and available, subject to annual appropriations, to cover the costs of new direct loan obligations and new loan guarantee commitments as required by section 661c(b)(1) of title 2.”
Subsec. (e)(3). Pub. L. 109–479, § 104(c)(1), (2), substituted “2 years after” for “one year of” and inserted “and implement” after “prepare” in introductory provisions.
Subsec. (e)(3)(A). Pub. L. 109–479, § 104(c)(3), inserted “immediately” after “overfishing”.
Subsec. (e)(4)(A). Pub. L. 109–479, § 104(c)(4), struck out “ending overfishing and” before “rebuilding” in introductory provisions.
Subsec. (e)(5). Pub. L. 109–479, § 104(c)(5), substituted “2-year” for “one-year”.
Subsec. (g)(2). Pub. L. 109–479, § 406(b), substituted “(16 U.S.C. 971d), or highly migratory species harvested in a commercial fishery managed by a Council under this Act or the Western and Central Pacific Fisheries Convention Implementation Act,” for “(16 U.S.C. 971d)”.
Subsec. (i). Pub. L. 109–479, § 406(a), added subsec. (i) relating to international overfishing.
Pub. L. 109–479, § 107, added subsec. (i) relating to environmental review process.
1996—Subsecs. (a), (b). Pub. L. 104–297, § 109(a), added subsecs. (a) and (b) and struck out former subsecs. (a) which related to actions by Secretary after receipt of a fishery management plan or amendment to a plan and (b) which related to implementation of approved plans and amendments and submission and review of revised plans and amendments.
Subsec. (c). Pub. L. 104–297, § 109(b)(1), amended heading to read “Preparation and review of Secretarial plans”.
Subsec. (c)(1). Pub. L. 104–297, § 109(b)(2)–(4), struck out “or” at end of subpar. (A), substituted “or amendment; or” for “or amendment, as the case may be.” in subpar. (B), added subpar. (C), and struck out concluding provisions which read as follows: “In preparing any such plan or amendment, the Secretary shall consult with the Secretary of State with respect to foreign fishing and with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea. The Secretary shall also prepare such proposed regulations as he deems necessary or appropriate to carry out each plan or amendment prepared by him under this paragraph.”
Subsec. (c)(2). Pub. L. 104–297, § 109(b)(5), added par. (2) and struck out former par. (2) which related to procedures for making fishery management plans and amendments available for review and comment.
Subsec. (c)(3). Pub. L. 104–297, § 109(b)(6), (7), inserted “for a fishery under the authority of a Council” after “paragraph (1)” and substituted “system, including any individual fishing quota program” for “system described in section 1853(b)(6) of this title”.
Subsec. (c)(4) to (7). Pub. L. 104–297, § 109(b)(8), added pars. (4) to (7).
Subsec. (d). Pub. L. 104–297, § 109(c), designated existing provisions as par. (1) and added par. (2).
Subsec. (e). Pub. L. 104–297, § 109(e), amended heading and text of subsec. (e) generally. Prior to amendment, subsec. (e) required Secretary to initiate and maintain a comprehensive program of fishery research.
Subsec. (f)(3). Pub. L. 104–297, § 109(f), struck out par. (3) which related to authority of Secretary over any highly migratory species fishery that is within the area of authority of more than one of certain Councils and to the preparation and amendment of fishery management plans with respect to such fishery.
Subsec. (g). Pub. L. 104–297, § 109(g), added subsec. (g) and struck out former subsec. (g) which required the Secretary to establish a 3-year program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery within the authority of the Gulf of Mexico Fishery Management Council and the South Atlantic Fishery Management Council.
Subsec. (h). Pub. L. 104–297, § 109(i), added subsec. (h).
1993—Subsec. (g)(6)(B). Pub. L. 103–206 substituted “
1992—Subsec. (e)(1). Pub. L. 102–567 added par. (1). Former par. (1) redesignated (2).
Subsec. (e)(2). Pub. L. 102–567 redesignated par. (1) as (2) and substituted “(3)” for “(2)” in subpar. (A). Former par. (2) redesignated (3).
Subsec. (e)(3). Pub. L. 102–567 redesignated par. (2) as (3) and substituted “(2)” for “(1)” in introductory provisions. Former par. (3) redesignated (4).
Subsec. (e)(4). Pub. L. 102–567 redesignated par. (3) as (4) and substituted “(2)” for “(1)”.
1990—Subsec. (b)(1), (3)(D). Pub. L. 101–627, § 111(a)(2)(A), (B), substituted “section 1855(a)” for “section 1855(c)”.
Subsec. (c)(2)(B). Pub. L. 101–627, § 120(d), substituted “appropriate Council” for “appropriate council”.
Pub. L. 101–627, § 111(a)(2)(C), substituted “section 1855(a)” for “section 1855(c)”.
Subsec. (e). Pub. L. 101–627, § 110(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this chapter. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management and on the economics of the fisheries, including, but not limited to, biological research concerning the interdependence of fisheries or stocks of fish, the impact of pollution on fish, the impact of wetland and estuarine degradation, and other matters bearing upon the abundance and availability of fish. The Secretary shall annually review and update the comprehensive program and make the results of the review and update available to the Councils.”
Subsec. (f). Pub. L. 101–627, § 110(b)(1), in heading substituted “Fisheries under authority of more than one Council” for “Miscellaneous duties”, in par. (1) substituted “Except as provided in paragraph (3), if” for “If”, and added par. (3).
Subsec. (g). Pub. L. 101–627, § 110(c), added subsec. (g).
1986—Subsec. (a)(1). Pub. L. 99–659, § 106(1)(A), struck out “(the date of receipt of which is hereafter in this section referred to as the ‘receipt date’)” after “by a Council” in introductory provisions.
Subsec. (a)(1)(A), (B). Pub. L. 99–659, § 106(1)(B), (C), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.
Subsec. (a)(1)(C). Pub. L. 99–659, § 106(1)(B), (D), redesignated former subpar. (B) as (C) and substituted “60-day” for “75-day”. Former subpar. (C) redesignated (D).
Subsec. (a)(1)(D). Pub. L. 99–659, § 106(1)(B), (E), redesignated former subpar. (C) as (D) and substituted “15th day” for “30th day”.
Subsec. (a)(2). Pub. L. 99–659, § 106(1)(F), substituted “paragraph (1)(B)” for “paragraph (1)(A)” in introductory provisions and inserted “and to fishery access adjustments referred to in section 1853(a)(6) of this title” in subpar. (C).
Subsec. (a)(3). Pub. L. 99–659, § 106(1)(G), added par. (3).
Subsec. (b)(1)(A). Pub. L. 99–659, § 106(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the Secretary does not notify the Council in writing of his disapproval, or partial disapproval, under paragraph (2), of the plan or amendment before the close of the 95th day after the receipt date; or”.
Subsec. (b)(1)(B). Pub. L. 99–659, § 106(2)(B), substituted “60th day” for “75th day”.
Subsec. (b)(2). Pub. L. 99–659, § 106(2)(C), substituted “paragraph (1)(B)” for “paragraph (1)(A)” in introductory provisions.
Subsec. (b)(3)(A). Pub. L. 99–659, § 106(2)(D)(i), inserted “disapproves a proposed plan or amendment under subsection (a)(1)(A)(ii) of this section, or”.
Subsec. (b)(3)(B)(i), (C)(i). Pub. L. 99–659, § 106(2)(D)(ii), substituted “subsection (a)(1)(B)” for “subsection (a)(1)(A)”.
Subsec. (c)(2)(A)(ii). Pub. L. 99–659, § 106(3)(A), substituted “60-day” for “75-day”.
Subsec. (c)(2)(A)(iii). Pub. L. 99–659, § 106(3)(B), substituted “15th day” for “30th day”.
Subsec. (c)(2)(B). Pub. L. 99–659, § 106(3)(C), substituted “60-day” for “75-day” in two places.
Subsec. (e). Pub. L. 99–659, § 106(4), inserted “, in cooperation with the Councils,”, “and on the economics of the fisheries”, and “The Secretary shall annually review and update the comprehensive program and make the results of the review and update available to the Councils.”
1983—Subsec. (a). Pub. L. 97–453, § 7(a)(1), amended subsec. (a) generally, which had provided that within 60 days after the Secretary received any fishery management plan, or any amendment to any such plan, which was prepared by any Council, the Secretary was to review such plan or amendment pursuant to subsection (b) of this section, notify such Council in writing of his approval, disapproval, or partial disapproval of such plan or amendment, and that in the case of disapproval or partial disapproval, the Secretary was to include in such notification a statement and explanation of the Secretary’s objections and the reasons therefor, suggestions for improvement, a request to such Council to change such plan or amendment to satisfy the objections, and a request to resubmit the plan or amendment, as so modified, to the Secretary within 45 days after the date on which the Council received such notification.
Subsec. (b). Pub. L. 97–453, § 7(a)(1), amended subsec. (b) generally, which had provided that the Secretary was to review any fishery management plan, and any amendment to any such plan, prepared by any Council and submitted to him to determine whether it was consistent with the national standards, the other provisions of this chapter, and any other applicable law, and that in carrying out such review, the Secretary was to consult with the Secretary of State with respect to foreign fishing, and the Secretary of the department in which the Coast Guard was operating with respect to enforcement at sea.
Subsec. (c)(1). Pub. L. 97–453, § 7(a)(2)(A), in subpar. (B) substituted “or disapproves a revised plan or amendment, and the Council involved fails to submit a revised or further revised plan or amendment, as the case may be” for “and the Council involved fails to change such plan or amendment in accordance with the notification made under subsection (a)(2) of this section”, and added to the provisions following subpar. (B) a requirement that the Secretary also prepare such proposed regulations as he deems necessary or appropriate to carry out each plan or amendment prepared by him under this paragraph.
Subsec. (c)(2). Pub. L. 97–453, § 7(a)(2)(B), amended par. (2) generally, which had provided that whenever, pursuant to paragraph (1), the Secretary prepared a fishery management plan or amendment, the Secretary was to promptly transmit such plan or amendment to the appropriate Council for consideration and comment, that within 45 days after the date of receipt of such plan or amendment, the appropriate Council could recommend, to the Secretary, changes in such plan or amendment, consistent with the national standards, the other provisions of this chapter, and any other applicable law, and that after the expiration of such 45-day period, the Secretary could implement such plan or amendment pursuant to section 1855 of this title.
Subsec. (d). Pub. L. 97–453, § 7(a)(3), inserted provisions relating to agreements with the States for the administration of the permit system and the permissible accrual to the States of fees collected under the system.
Pub. L. 109–479, title I, § 104(d),
Pub. L. 97–453, § 7(b),
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
Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress,
Pub. L. 111–348, title II, “This title may be cited as the ‘International Fisheries Agreement Clarification Act’. “Nothing in this title shall be construed to amend the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 [1801] et seq.) or to limit or otherwise alter the authority of the Secretary of Commerce under that Act concerning other species.“SEC. 201. SHORT TITLE.“SEC. 202. INTERNATIONAL FISHERY AGREEMENT.“Consistent with the intent of provisions of the Magnuson-Stevens Fishery and Conservation and Management Act [Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.] relating to international agreements, the Secretary of Commerce and the New England Fishery Management Council may, for the purpose of rebuilding those portions of fish stocks covered by the United States-Canada Transboundary Resource Sharing Understanding on the date of enactment of this Act [“(1) take into account the Understanding and decisions made under that Understanding in the application of section 304(e)(4)(A)(i) of the Act (16 U.S.C. 1854(e)(4)(A)(i));“(2) consider decisions made under that Understanding as ‘management measures under an international agreement’ that ‘dictate otherwise’ for purposes of section 304(e)(4)(A)(ii) of the Act (16 U.S.C. 1854(e)(4)(A)(ii)[)]; and“(3) establish catch levels for those portions of fish stocks within their respective geographic areas covered by the Understanding on the date of enactment of this Act that exceed the catch levels otherwise required under the Northeast Multispecies Fishery Management Plan if—“(A) overfishing is ended immediately;“(B) the fishing mortality level ensures rebuilding within a time period for rebuilding specified taking into account the Understanding pursuant to paragraphs (1) and (2) of this subsection; and“(C) such catch levels are consistent with that Understanding.“SEC. 203. APPLICATION WITH OTHER LAWS.“SEC. 204. EFFECTIVE DATE.“(a) Except as provided in subsection (b), section 202 shall apply with respect to fishing years beginning after “(b) Section 202(3)(B) shall only apply with respect to fishing years beginning after
Pub. L. 104–297, title I, § 109(d),
Pub. L. 104–297, title I, § 109(h), “(1) The Secretary of Commerce shall—“(A) establish an advisory panel under section 302(g)(4) of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1852(g)(4)], as amended by this Act, for pelagic longline fishing vessels that participate in fisheries for Atlantic highly migratory species;“(B) conduct surveys and workshops with affected fishery participants to provide information and identify options for future management programs;“(C) to the extent practicable and necessary for the evaluation of options for a comprehensive management system, recover vessel production records; and“(D) complete by “(2) Based on the study under paragraph (1)(D) and consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), in cooperation with affected participants in the fishery, the United States Commissioners on the International Commission for the Conservation of Atlantic Tunas, and the advisory panel established under paragraph (1)(A), the Secretary of Commerce may, after
Pub. L. 104–297, title I, § 109(j),
Pub. L. 101–627, title I, § 108(k), “Notwithstanding the amendments made by subsections (a) and (g) [amending section 1852 of this title], any fishery management plan or amendment which—“(1) addresses a highly migratory species fishery to which section 304(f)(3) of the Magnuson-Stevens Fishery Conservation and Management Act [former 16 U.S.C. 1854(f)(3)] (as amended by this Act) applies,“(2) was prepared by one or more Regional Fishery Management Councils, and“(3) was in force and effect on shall remain in force and effect until superseded by a fishery management plan prepared by the Secretary, and regulations implementing that plan.”