Northern Pacific Halibut Act of 1982, 16 U.S.C. 773c (Halibut Act)

8/21/24, 1:46 PM

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16 USC 773c: General responsibility
Text contains those laws in effect on August 20, 2024
From Title 16-CONSERVATION
CHAPTER 10-NORTHERN PACIFIC HALIBUT FISHING
SUBCHAPTER IV-NORTHERN PACIFIC HALIBUT ACT OF 1982
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§773c. General responsibility
(a) Secretary of Commerce
The Secretary shall have general responsibility to carry out the Convention and this subchapter.
(b) Adoption of regulations; cooperation with Canadian officials
In fulfilling this responsibility, the Secretary(1) shall, in consultation with the Secretary of the department in which the Coast Guard is operating, adopt such
regulations as may be necessary to carry out the purposes and objectives of the Convention and this subchapter;
and
(2) may, with the concurrence of the Secretary of State, cooperate with the duly authorized officials of the
Government of Canada.
(c) Regional Fishery Management Council involvement
The Regional Fishery Management Council having authority for the geographic area concerned may develop
regulations governing the United States portion of Convention waters, including limited access regulations, applicable
to nationals or vessels of the United States, or both, which are in addition to, and not in conflict with regulations
adopted by the Commission. Such regulations shall only be implemented with the approval of the Secretary, shall not
discriminate between residents of different States, and shall be consistent with the limited entry criteria set forth in
section 1853(b)(6) of this title. If it becomes necessary to allocate or assign halibut fishing privileges among various
United States fishermen, such allocation shall be fair and equitable to all such fishermen, based upon the rights and
obligations in existing Federal law, reasonably calculated to promote conservation, and carried out in such manner that
no particular individual, corporation, or other entity acquires an excessive share of the halibut fishing privileges:
Provided, That the Regional Council may provide for the rural coastal villages of Alaska the opportunity to establish a
commercial halibut fishery in areas in the Bering Sea to the north of 56 degrees north latitude during a 3 year
development period.
( Pub. L. 97–176, §5, May 17, 1982, 96 Stat. 79 ; Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30,
1996, 110 Stat. 3009 , 3009-41.)
Editorial Notes

Amendments
1996-Subsec. (c). Pub. L. 104–208 made technical amendment to reference in original act which appears
in text as reference to section 1853(b)(6) of this title.
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.

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.
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