16 U.S.C. § 1851 - National standards for fishery conservation and management

• Cite as: 16 U.S.C. § 1851

(a) In general

Any fishery management plan prepared, and any regulation promulgated to implement any such plan, pursuant to this subchapter shall be consistent with the following national standards for fishery conservation and management:

(1) Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.

(2) Conservation and management measures shall be based upon the best scientific information available.

(3) To the extent practicable, an individual stock of fish shall be managed as a unit throughout its range, and interrelated stocks of fish shall be managed as a unit or in close coordination.

(4) Conservation and management measures shall not discriminate between residents of different States. If it becomes necessary to allocate or assign fishing privileges among various United States fishermen, such allocation shall be (A) fair and equitable to all such fishermen; (B) reasonably calculated to promote conservation; and (C) carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges.

(5) Conservation and management measures shall, where practicable, consider efficiency in the utilization of fishery resources; except that no such measure shall have economic allocation as its sole purpose.

(6) Conservation and management measures shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches.

(7) Conservation and management measures shall, where practicable, minimize costs and avoid unnecessary duplication.

(8) Conservation and management measures shall, consistent with the conservation requirements of this chapter (including the prevention of overfishing and rebuilding of overfished stocks), take into account the importance of fishery resources to fishing communities by utilizing economic and social data that meet the requirements of paragraph (2), in order to (A) provide for the sustained participation of such communities, and (B) to the extent practicable, minimize adverse economic impacts on such communities.

(9) Conservation and management measures shall, to the extent practicable, (A) minimize bycatch and (B) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch.

(10) Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea.

(b) Guidelines

The Secretary shall establish advisory guidelines (which shall not have the force and effect of law), based on the national standards, to assist in the development of fishery management plans.

Cite as 16 U.S.C. § 1851

Source: Pub. L. 94-265, title III, §301, Apr. 13, 1976, 90 Stat. 346; Pub. L. 97-453, §4, Jan. 12, 1983, 96 Stat. 2484; Pub. L. 98-623, title IV, §404(3), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 104-297, title I, §106, Oct. 11, 1996, 110 Stat. 3570; Pub. L. 109-479, title I, §101(a), Jan. 12, 2007, 120 Stat. 3579.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

EDITORIAL NOTES

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(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.

AMENDMENTS

2007-Subsec. (a)(8). Pub. L. 109-479 inserted "by utilizing economic and social data that meet the requirements of paragraph (2)," after "fishing communities".

1996-Subsec. (a)(5). Pub. L. 104-297, §106(a), substituted "consider efficiency" for "promote efficiency".

Subsec. (a)(8) to (10). Pub. L. 104-297, §106(b), added pars. (8) to (10).

1984-Subsec. (a)(1). Pub. L. 98-623 inserted "for the United States fishing industry".

1983-Subsec. (b). Pub. L. 97-453 substituted "advisory guidelines (which shall not have the force and effect of law)" for "guidelines".

STATUTORY NOTES AND RELATED SUBSIDIARIES

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-146, §1, Dec. 16, 1997, 111 Stat. 2672, provided that: "This Act [repealing section 757g of this title, amending provisions set out as notes under this section and listed in a table of National Wildlife Conservation Areas set out under section 668dd of this title, and repealing provisions set out as notes under this section] may be cited as the 'Atlantic Striped Bass Conservation Act Amendments of 1997'."

LIMITATION ON FUNDING FOR FISHERY MANAGEMENT PLAN FOR THE REEF FISH RESOURCES OF THE GULF OF MEXICO

Pub. L. 115-31, div. B, title I, §110, May 5, 2017, 131 Stat. 191, provided that: "None of the funds appropriated or otherwise made available in this or any other Act, with respect to any fiscal year, may be used in contravention of section 110 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016 ( Public Law 114-113) [129 Stat. 2295]."

LONGLINE CATCHER PROCESSOR SUBSECTOR SINGLE FISHERY COOPERATIVE

Pub. L. 111-335, 124 Stat. 3583, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Longline Catcher Processor Subsector Single Fishery Cooperative Act'.

"SEC. 2. AUTHORITY TO APPROVE AND IMPLEMENT A SINGLE FISHERY COOPERATIVE FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR IN THE BSAI.

"(a) IN GENERAL.-Upon the request of eligible members of the longline catcher processor subsector holding at least 80 percent of the licenses issued for that subsector, the Secretary is authorized to approve a single fishery cooperative for the longline catcher processor subsector in the BSAI.

"(b) LIMITATION.-A single fishery cooperative approved under this section shall include a limitation prohibiting any eligible member from harvesting a total of more than 20 percent of the Pacific cod available to be harvested in the longline catcher processor subsector, the violation of which is subject to the penalties, sanctions, and forfeitures under section 308 of the Magnuson-Stevens Act ( 16 U.S.C. 1858 ), except that such limitation shall not apply to harvest amounts from quota assigned explicitly to a CDQ group as part of a CDQ allocation to an entity established by section 305(i) of the Magnuson-Stevens Act ( 16 U.S.C. 1855(i) ).

"(c) CONTRACT SUBMISSION AND REVIEW.-The longline catcher processor subsector shall submit to the Secretary-

"(1) not later than November 1 of each year, a contract to implement a single fishery cooperative approved under this section for the following calendar year; and

"(2) not later than 60 days prior to the commencement of fishing under the single fishery cooperative, any interim modifications to the contract submitted under paragraph (1).

"(d) DEPARTMENT OF JUSTICE REVIEW.-Not later than November 1 before the first year of fishing under a single fishery cooperative approved under this section, the longline catcher processor sector shall submit to the Secretary a copy of a letter from a party to the contract under subsection (c)(1) requesting a business review letter from the Attorney General and any response to such request.

"(e) IMPLEMENTATION.-The Secretary shall implement a single fishery cooperative approved under this section not later than 2 years after receiving a request under subsection (a).

"(f) STATUS QUO FISHERY.-If the longline catcher processor subsector does not submit a contract to the Secretary under subsection (c) then the longline catcher processor subsector in the BSAI shall operate as a limited access fishery for the following year subject to the license limitation program in effect for the longline catcher processor subsector on the date of enactment of this Act [Dec. 22, 2010] or any subsequent modifications to the license limitation program recommended by the Council and approved by the Secretary.

"SEC. 3. HARVEST AND PROHIBITED SPECIES ALLOCATIONS TO A SINGLE FISHERY COOPERATIVE FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR IN THE BSAI.

"A single fishery cooperative approved under section 2 may, on an annual basis, collectively-

"(1) harvest the total amount of BSAI Pacific cod total allowable catch, less any amount allocated to the longline catcher processor subsector non-cooperative limited access fishery;

"(2) utilize the total amount of BSAI Pacific cod prohibited species catch allocation, less any amount allocated to a longline catcher processor subsector non-cooperative limited access fishery; and

"(3) harvest any reallocation of Pacific cod to the longline catcher processor subsector during a fishing year by the Secretary.

"SEC. 4. LONGLINE CATCHER PROCESSOR SUBSECTOR NON-COOPERATIVE LIMITED ACCESS FISHERY.

"(a) IN GENERAL.-An eligible member that elects not to participate in a single fishery cooperative approved under section 2 shall operate in a non-cooperative limited access fishery subject to the license limitation program in effect for the longline catcher processor subsector on the date of enactment of this Act [Dec. 22, 2010] or any subsequent modifications to the license limitation program recommended by the Council and approved by the Secretary.

"(b) HARVEST AND PROHIBITED SPECIES ALLOCATIONS.-Eligible members operating in a non-cooperative limited access fishery under this section may collectively-

"(1) harvest the percentage of BSAI Pacific cod total allowable catch equal to the combined average percentage of the BSAI Pacific cod harvest allocated to the longline catcher processor sector and retained by the vessel or vessels designated on the eligible members license limitation program license or licenses for 2006, 2007, and 2008, according to the catch accounting system data used to establish total catch; and

"(2) utilize the percentage of BSAI Pacific cod prohibited species catch allocation equal to the percentage calculated under paragraph (1).

"SEC. 5. AUTHORITY OF THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL.