16 USC 1861a - Transition to Sustainable Fisheries

§ 1861a

TITLE 16—CONSERVATION

INTEGRATION OF VESSEL MONITORING SYSTEM DATA
Pub. L. 109–241, title VIII, § 803, July 11, 2006, 120 Stat.
563, provided that: ‘‘The Secretary of the department in
which the Coast Guard is operating shall integrate vessel monitoring system data into its maritime operations databases for the purpose of improving monitoring and enforcement of Federal fisheries laws and
work with the Under Secretary of Commerce for Oceans
and Atmosphere to ensure effective use of such data for
monitoring and enforcement.’’
AGREEMENT TO MAKE MORE EFFECTIVE ENFORCEMENT
OF DOMESTIC LAWS AND INTERNATIONAL AGREEMENTS
Pub. L. 102–582, title II, § 202, Nov. 2, 1992, 106 Stat.
4905, provided that not later than six months after Nov.
2, 1992, the Secretary of the department in which the
Coast Guard is operating, the Secretary of Commerce,
and the Secretary of Defense were to enter into an
agreement under subsec. (a) of this section to make
more effective the enforcement of domestic laws and
international agreements that conserve and manage
living marine resources of the United States.

§ 1861a. Transition to sustainable fisheries
(a) Fishery resource disaster relief
(1) Definitions
In this subsection:
(A) Allowable cause
The term ‘‘allowable cause’’ means a natural cause, discrete anthropogenic cause, or
undetermined cause, including a cause that
occurred not more than 5 years prior to the
date of a request for a fishery resource disaster determination that affected such applicable fishery.
(B) Anthropogenic cause
The term ‘‘anthropogenic cause’’ means an
anthropogenic event, such as an oil spill or
spillway opening—
(i) that could not have been addressed or
prevented by fishery management measures; and
(ii) that is otherwise beyond the control
of fishery managers to mitigate through
conservation and management measures,
including regulatory restrictions imposed
as a result of judicial action or to protect
human health or marine animals, plants,
or habitats.
(C) Fishery resource disaster
The term ‘‘fishery resource disaster’’
means a disaster that is determined by the
Secretary in accordance with this subsection
and—
(i) is an unexpected large decrease in fish
stock biomass or other change that results
in significant loss of access to the fishery
resource, which may include loss of fishing
vessels and gear for a substantial period of
time and results in significant revenue
loss or negative subsistence impact due to
an allowable cause; and
(ii) does not include—
(I) reasonably predictable, foreseeable,
and recurrent fishery cyclical variations
in species distribution or stock abundance; or
(II) reductions in fishing opportunities
resulting from conservation and management measures taken pursuant to this
chapter.

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(D) Indian Tribe
The term ‘‘Indian Tribe’’ has the meaning
given such term in section 5130 of title 25,
and the term ‘‘Tribal’’ means of or pertaining to such an Indian tribe.
(E) Natural cause
The term ‘‘natural cause’’—
(i) means a weather, climatic, hazard, or
biology-related event, such as—
(I) a hurricane;
(II) a flood;
(III) a harmful algal bloom;
(IV) a tsunami;
(V) a hypoxic zone;
(VI) a drought;
˜ o effects on water tempera(VII) El Nin
ture;
(VIII) a marine heat wave; or
(IX) disease; and
(ii) does not mean a normal or cyclical
variation in a species distribution or stock
abundance.
(F) 12-month revenue loss
The term ‘‘12-month revenue loss’’ means
the percentage reduction, as applicable, in
commercial, charter, headboat, or processor
revenue for the affected fishery for the 12
months during which the fishery resource
disaster occurred, when compared to average
annual revenue in the most recent 5 years
when no fishery resource disaster occurred
or equivalent for stocks with cyclical life
histories.
(G) Undetermined cause
The term ‘‘undetermined cause’’ means a
cause in which the current state of knowledge does not allow the Secretary to identify
the exact cause, and there is no current conclusive evidence supporting a possible cause
of the fishery resource disaster.
(2) General authority
(A) In general
The Secretary shall have the authority to
determine the existence, extent, and beginning and end dates of a fishery resource disaster under this subsection in accordance
with this subsection.
(B) Availability of funds
After the Secretary determines that a fishery resource disaster has occurred, the Secretary is authorized to make sums available,
from funds appropriated for such purposes,
to be used by the affected State, Indian
Tribe, or interstate marine fisheries commission, or by the Secretary in cooperation
with the affected State, Indian Tribe, or
interstate marine fisheries commission.
(C) Savings clause
The requirements under this paragraph
and paragraphs (3), (4), and (5) shall take effect only with respect to fishery resource
disaster determination requests submitted
after December 29, 2022.

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TITLE 16—CONSERVATION

(3) Initiation of a fishery resource disaster review
(A) Eligible requesters
(i) In general
If the Secretary has not independently
determined that a fishery resource disaster has occurred, a request for a fishery
resource disaster determination may be
submitted to the Secretary at any time,
but not later than the applicable date determined under clause (ii), by—
(I) the Governor of an affected State;
(II) an official resolution of an Indian
Tribe; or
(III) any other comparable elected or
politically appointed representative as
determined by the Secretary.
(ii) Applicable date
The applicable date under this clause
shall be—
(I) 1 year after the date of the conclusion of the fishing season;
(II) in the case of a distinct cause that
occurs during more than 1 consecutive
fishing season, 2 years after the date of
the conclusion of the fishing season for
which the request for a fishery resource
disaster determination is made; or
(III) in the case of a complete fishery
closure, 1 year after the date on which
that closure is determined by the Secretary.
(B) Required information
A complete request for a fishery resource
disaster determination under subparagraph
(A) shall include—
(i) identification of all presumed affected
fish stocks;
(ii) identification of the fishery as Federal, non-Federal, or both;
(iii) the geographical boundaries of the
fishery, as determined by the eligible requester, including geographic boundaries
that are smaller than the area represented
by the eligible requester;
(iv) preliminary information on causes of
the fishery resource disaster, if known;
and
(v) information needed to support a finding of a fishery resource disaster, including—
(I) information demonstrating the occurrence of an unexpected large decrease
in fish stock biomass or other change
that results in significant loss of access
to the fishery resource, which could include the loss of fishing vessels and gear,
for a substantial period of time;
(II) significant—
(aa) 12-month revenue loss for the affected fishery; or
(bb) negative subsistence impact for
the affected fishery, or if a fishery resource disaster has occurred at any
time in the previous 5-year period, the
most recent 5 years when no fishery resource disaster occurred;
(III) if applicable, information on lost
resource tax revenues assessed by local

§ 1861a

communities, such as a raw fish tax and
local sourcing requirements; and
(IV) if applicable and available, information on affected fishery 12-month revenue loss for charter, headboat, or processors related to the information provided under subclause (I), subject to section 1881a(b) of this title.
(C) Assistance
The Secretary may provide data and analysis assistance to an eligible requester described in paragraph (1), if—
(i) the assistance is so requested;
(ii) the Secretary is in possession of the
required information described in subparagraph (B); and
(iii) the data is not available to the requester, in carrying out the complete request under subparagraph (B).
(D) Initiation of review
The Secretary shall have the discretion to
initiate a fishery resource disaster review
without a request.
(4) Review process
(A) Interim response
Not later than 20 days after receipt of a request under paragraph (3), the Secretary
shall provide an interim response to the individual that—
(i) acknowledges receipt of the request;
(ii) provides a regional contact within
the National Oceanographic and Atmospheric Administration;
(iii) outlines the process and timeline by
which a request shall be considered; and
(iv) requests additional information concerning the fishery resource disaster, if
the original request is considered incomplete.
(B) Evaluation of requests
(i) In general
The Secretary shall complete a review,
within the time frame described in clause
(ii), using the best scientific information
available, in consultation with the affected fishing communities, States, or Indian Tribes, of—
(I) the information provided by the requester and any additional information
relevant to the fishery, which may include—
(aa) fishery characteristics;
(bb) stock assessments;
(cc) the most recent fishery independent surveys and other fishery resource assessments and surveys conducted by Federal, State, or Tribal officials;
(dd) estimates of mortality; and
(ee) overall effects; and
(II) the available economic information, which may include an analysis of—
(aa) landings data;
(bb) revenue;
(cc) the number of participants involved;
(dd) the number and type of jobs and
persons impacted, which may include—

§ 1861a

TITLE 16—CONSERVATION
(AA) fishers;
(BB) charter fishing operators;
(CC) subsistence users;
(DD) United States fish processors;
and
(EE) an owner of a related fishery
infrastructure or business affected by
the disaster, such as a marina operator, recreational fishing equipment
retailer, or charter, headboat, or tender vessel owner, operator, or crew;

(ee) an impacted Indian Tribe;
(ff) other forms of disaster assistance
made available to the fishery, including prior awards of disaster assistance
for the same event;
(gg) the length of time the resource,
or access to the resource, has been restricted;
(hh) status of recovery from previous
fishery resource disasters;
(ii) lost resource tax revenues assessed by local communities, such as a
raw fish tax; and
(jj) other appropriate indicators to
an affected fishery, as determined by
the National Marine Fisheries Service.
(ii) Time frame
The Secretary shall complete the review
described in clause (i), if the fishing season, applicable to the fishery—
(I) has concluded or there is no defined
fishing season applicable to the fishery,
not later than 120 days after the Secretary receives a complete request for a
fishery resource disaster determination;
(II) has not concluded, not later than
120 days after the conclusion of the fishing season; or
(III) is expected to be closed for the entire fishing season, not later than 120
days after the Secretary receives a complete request for a fishery resource disaster determination.
(C) Fishery resource disaster determination
The Secretary shall make the determination of a fishery resource disaster based on
the criteria for determinations listed in
paragraph (5).
(D) Notification
Not later than 14 days after the conclusion
of the review under this paragraph, the Secretary shall notify the requester and the
Governor of the affected State or Indian
Tribe representative of the determination of
the Secretary.
(5) Criteria for determinations
(A) In general
The Secretary shall make a determination
about whether a fishery resource disaster
has occurred, based on the revenue loss
thresholds under subparagraph (B), and, if a
fishery resource disaster has occurred,
whether the fishery resource disaster was
due to—
(i) a natural cause;
(ii) an anthropogenic cause;
(iii) a combination of a natural cause
and an anthropogenic cause; or

Page 2106

(iv) an undetermined cause.
(B) Revenue loss thresholds
(i) In general
Based on the information provided or
analyzed under paragraph (4)(B), the Secretary shall apply the following 12-month
revenue loss thresholds in determining
whether a fishery resource disaster has occurred:
(I) Losses greater than 80 percent may
result in a positive determination that a
fishery resource disaster has occurred,
based on the information provided or
analyzed under paragraph (4)(B).
(II) Losses between 35 percent and 80
percent shall be evaluated to determine
whether economic impacts are severe
enough to determine that a fishery resource disaster has occurred.
(III) Losses less than 35 percent shall
not be eligible for a determination that
a fishery resource disaster has occurred.
(ii) Charter fishing
In making a determination of whether a
fishery resource disaster has occurred, the
Secretary shall consider the economic impacts to the charter fishing industry to ensure financial coverage for charter fishing
businesses.
(iii) Negative subsistence impacts
In considering negative subsistence impacts, the Secretary shall evaluate the severity of negative impacts to the fishing
community instead of applying the revenue loss thresholds described in clause (i).
(C) Ineligible fisheries
A fishery subject to overfishing in any of
the 3 years preceding the date of a determination under this subsection is not eligible for a determination of whether a fishery
resource disaster has occurred unless the
Secretary determines that overfishing was
not a contributing factor to the fishery resource disaster.
(D) Exceptional circumstances
In an exceptional circumstance where substantial economic impacts to the affected
fishery and fishing community have been
subject to a disaster declaration under another statutory authority, such as in the
case of a natural disaster or from the direct
consequences of a Federal action taken to
prevent, or in response to, a natural disaster
for purposes of protecting life and safety,
the Secretary may determine a fishery resource disaster has occurred without a request, notwithstanding the requirements
under subparagraph (B) and paragraph (3).
(6) Disbursal of appropriated funds
(A) Authorization
The Secretary shall allocate funds available under paragraph (9) for fishery resource
disasters.

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TITLE 16—CONSERVATION

(B) Allocation of appropriated fishery resource disaster assistance
(i) Notification of funding availability
When there are appropriated funds for 1
or more fishery resource disasters, the
Secretary shall notify—
(I) the public; and
(II) representatives of affected fishing
communities with a positive disaster determination that is unfunded;
of the availability of funds, not more than 14
days after the date of the appropriation or
the determination of a fishery resource disaster, whichever occurs later.
(ii) Extension of deadline
The Secretary may extend the deadline
under clause (i) by 90 days to evaluate and
make determinations on eligible requests.
(C) Considerations
In determining the allocation of appropriations for a fishery resource disaster, the Secretary shall consider commercial, charter,
headboat, or seafood processing revenue
losses and negative impacts to subsistence
or Indian Tribe ceremonial fishing opportunity, for the affected fishery, and may
consider the following factors:
(i) Direct economic impacts.
(ii) Uninsured losses.
(iii) Losses of recreational fishing opportunity.
(iv) Aquaculture operations revenue loss.
(v) Direct revenue losses to a fishing
community.
(vi) Treaty obligations.
(vii) Other economic impacts.
(D) Spend plans
To receive an allocation from funds available under paragraph (9), a requester with an
affirmative fishery resource disaster determination shall submit a spend plan to the
Secretary, not more than 120 days after receiving notification that funds are available,
that shall include the following information,
if applicable:
(i) Objectives and outcomes, with an emphasis on addressing the factors contributing to the fishery resource disaster and
minimizing future uninsured losses, if applicable.
(ii) Statement of work.
(iii) Budget details.
(E) Regional contact
If so requested, the Secretary shall provide
a regional contact within the National Oceanic and Atmospheric Administration to facilitate review of spend plans and disbursal
of funds.
(F) Disbursal of funds
(i) Availability
Funds shall be made available to grantees not later than 90 days after the date
the Secretary receives a complete spend
plan.
(ii) Method
The Secretary may provide an allocation
of funds under this subsection in the form

§ 1861a

of a grant, direct payment, cooperative
agreement, loan, or contract.
(iii) Eligible uses
(I) In general
Funds allocated for fishery resources
disasters under this subsection shall restore the fishery affected by such a disaster, prevent a similar disaster in the
future, or assist the affected fishing
community, and shall prioritize the following uses, which are not in order of
priority:
(aa) Habitat conservation and restoration and other activities, including
scientific research, that reduce adverse
impacts to the fishery or improve understanding of the affected species or
its ecosystem.
(bb) The collection of fishery information and other activities that improve management of the affected fishery.
(cc) In a commercial fishery, capacity reduction and other activities that
improve management of fishing effort,
including funds to offset budgetary
costs to refinance a Federal fishing capacity reduction loan or to repay the
principal of a Federal fishing capacity
reduction loan.
(dd) Developing, repairing, or improving fishery-related public infrastructure.
(ee) Direct assistance to a person,
fishing community (including assistance for lost fisheries resource levies),
or a business to alleviate economic
loss incurred as a direct result of a
fishery resource disaster, particularly
when affected by a circumstance described in paragraph (5)(D) or by negative impacts to subsistence or Indian
Tribe ceremonial fishing opportunity.
(ff) Hatcheries and stock enhancement to help rebuild the affected stock
or offset fishing pressure on the affected stock.
(II) Displaced fishery employees
Where appropriate, individuals carrying out the activities described in
items (aa) through (dd) of subclause (I)
shall be individuals who are, or were,
employed in a commercial, charter, or
Indian Tribe fishery for which the Secretary has determined that a fishery resource disaster has occurred.
(7) Limitations
(A) Federal share
(i) In general
Except as provided in clauses (ii) and
(iii), the Federal share of the cost of any
activity carried out under the authority of
this subsection shall not exceed 75 percent
of the cost of that activity.
(ii) Waiver
The Secretary may waive the non-Federal share requirements of this subsection,
if the Secretary determines that—

§ 1861a

TITLE 16—CONSERVATION

(I) no reasonable means are available
through which the recipient of the Federal share can meet the non-Federal
share requirement; and
(II) the probable benefit of 100 percent
Federal financing outweighs the public
interest in imposition of the non-Federal
share requirement.
(iii) Exception
The Federal share shall be equal to 100
percent in the case of—
(I) direct assistance as described in
paragraph (6)(F)(iii)(I)(ee); or
(II) assistance to subsistence or Tribal
fisheries.
(B) Limitations on administrative expenses
(i) Federal
Not more than 3 percent of the funds
available under this subsection may be
used for administrative expenses by the
National Oceanographic and Atmospheric
Administration.
(ii) State governments or Indian Tribes
Of the funds remaining after the use described in clause (i), not more than 5 percent may be used by States, Indian Tribes,
or interstate marine fisheries commissions
for administrative expenses.
(C) Fishing capacity reduction program
(i) In general
No funds available under this subsection
may be used as part of a fishing capacity
reduction program in a fishery unless the
Secretary determines that adequate conservation and management measures are
in place in such fishery.
(ii) Assistance conditions
As a condition of providing assistance
under this subsection with respect to a
vessel under a fishing capacity reduction
program, the Secretary shall—
(I) prohibit the vessel from being used
for fishing in Federal, State, or international waters; and
(II) require that the vessel be—
(aa) scrapped or otherwise disposed
of in a manner approved by the Secretary;
(bb) donated to a nonprofit organization and thereafter used only for purposes of research, education, or training; or
(cc) used for another non-fishing purpose provided the Secretary determines that adequate measures are in
place to ensure that the vessel cannot
reenter any fishery anywhere in the
world.
(D) No fishery endorsement
(i) In general
A vessel that is prohibited from fishing
under subparagraph (C)(ii)(I) shall not be
eligible for a fishery endorsement under
section 12113(a) of title 46.
(ii) Noneffective
A fishery endorsement for a vessel described in clause (i) shall not be effective.

Page 2108

(iii) No sale
A vessel described in clause (i) shall not
be sold to a foreign owner or reflagged.
(8) Public information on data collection
The Secretary shall make available and update as appropriate, information on data collection and submittal best practices for the information described in paragraph (4)(B).
(9) Authorization of appropriations
There are authorized to be appropriated to
carry out this subsection $377,000,000 for the
period of fiscal years 2023 through 2027.
(b) Fishing capacity reduction program
(1) The Secretary, at the request of the appropriate Council for fisheries under the authority
of such Council, the Governor of a State for fisheries under State authority, or a majority of
permit holders in the fishery, may conduct a
voluntary fishing capacity reduction program
(referred to in this section as the ‘‘program’’) in
a fishery if the Secretary determines that the
program—
(A) is necessary to prevent or end overfishing, rebuild stocks of fish, or achieve
measurable and significant improvements in
the conservation and management of the fishery;
(B) is consistent with the Federal or State
fishery management plan or program in effect
for such fishery, as appropriate, and that the
fishery management plan—
(i) will prevent the replacement of fishing
capacity removed by the program through a
moratorium on new entrants, practicable restrictions on vessel upgrades, and other effort control measures, taking into account
the full potential fishing capacity of the
fleet; and
(ii) establishes a specified or target total
allowable catch or other measures that trigger closure of the fishery or adjustments to
reduce catch; and
(C) is cost-effective and, in the instance of a
program involving an industry fee system,
prospectively capable of repaying any debt obligation incurred under section 53735 of title
46.
(2) The objective of the program shall be to obtain the maximum sustained reduction in fishing capacity at the least cost and in a minimum
period of time. To achieve that objective, the
Secretary is authorized to pay—
(A) the owner of a fishing vessel, if the permit authorizing the participation of the vessel
in the fishery is surrendered for permanent
revocation and the vessel owner and permit
holder relinquish any claim associated with
the vessel or permit that could qualify such
owner or holder for any present or future limited access system permit in the fishery for
which the program is established or in any
other fishery and such vessel is (i) scrapped, or
(ii) through the Secretary of the department
in which the Coast Guard is operating, subjected to title restrictions (including loss of
the vessel’s fisheries endorsement) that permanently prohibit and effectively prevent its

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TITLE 16—CONSERVATION

use in fishing in federal 1 or state 1 waters, or
fishing on the high seas or in the waters of a
foreign nation; or
(B) the holder of a permit authorizing participation in the fishery, if such permit is surrendered for permanent revocation, and such
holder relinquishes any claim associated with
the permit and vessel used to harvest fishery
resources under the permit that could qualify
such holder for any present or future limited
access system permit in the fishery for which
the program was established.
(3) Participation in the program shall be voluntary, but the Secretary shall ensure compliance by all who do participate.
(4) The harvester proponents of each program
and the Secretary shall consult, as appropriate
and practicable, with Councils, Federal agencies, State and regional authorities, affected
fishing communities, participants in the fishery,
conservation organizations, and other interested
parties throughout the development and implementation of any program under this section.
(5) PAYMENT CONDITION.—The Secretary may
not make a payment under paragraph (2) with
respect to a vessel that will not be scrapped unless the Secretary certifies that the vessel will
not be used for fishing in the waters of a foreign
nation or fishing on the high seas.
(6) REPORT.—
(A) IN GENERAL.—Subject to the availability
of funds, the Secretary shall, within 12 months
after January 12, 2007, submit to the Congress
a report—
(i) identifying and describing the 20 fisheries in United States waters with the most
severe examples of excess harvesting capacity in the fisheries, based on value of each
fishery and the amount of excess harvesting
capacity as determined by the Secretary;
(ii) recommending measures for reducing
such excess harvesting capacity, including
the retirement of any latent fishing permits
that could contribute to further excess harvesting capacity in those fisheries; and
(iii) potential sources of funding for such
measures.
(B) BASIS FOR RECOMMENDATIONS.—The Secretary shall base the recommendations made
with respect to a fishery on—
(i) the most cost effective means of achieving voluntary reduction in capacity for the
fishery using the potential for industry financing; and
(ii) including measures to prevent the capacity that is being removed from the fishery from moving to other fisheries in the
United States, in the waters of a foreign nation, or on the high seas.
(c) Program funding
(1) The program may be funded by any combination of amounts—
(A) available under clause (iv) of section
713c–3(b)(1)(A) of title 15;
(B) appropriated for the purposes of this section;
(C) provided by an industry fee system established under subsection (d) and in accordance with section 53735 of title 46; or
1 So

in original. Probably should be capitalized.

§ 1861a

(D) provided from any State or other public
sources or private or non-profit organizations.
(2) All funds for the program, including any
fees established under subsection (d), shall be
paid into the fishing capacity reduction fund established under section 53735 of title 46.
(d) Industry fee system
(1)(A) If an industry fee system is necessary to
fund the program, the Secretary may conduct a
referendum on such system. Prior to the referendum, the Secretary shall—
(i) identify, to the extent practicable, and
notify all permit or vessel owners who would
be affected by the program; and
(ii) make available to such owners information about the industry fee system describing
the schedule, procedures, and eligibility requirements for the referendum, the proposed
program, and the amount and duration and
any other terms and conditions of the proposed fee system.
(B) The industry fee system shall be considered approved if the referendum votes which are
cast in favor of the proposed system constitute
at least a majority of the permit holders in the
fishery, or 50 percent of the permitted allocation
of the fishery, who participated in the fishery.
(2) Notwithstanding section 1854(d) of this title
and consistent with an approved industry fee
system, the Secretary is authorized to establish
such a system to fund the program and repay
debt obligations incurred pursuant to section
53735 of title 46. The fees for a program established under this section shall—
(A) be determined by the Secretary and adjusted from time to time as the Secretary considers necessary to ensure the availability of
sufficient funds to repay such debt obligations;
(B) not exceed 5 percent of the ex-vessel
value of all fish harvested from the fishery for
which the program is established;
(C) be deducted by the first ex-vessel fish
purchaser from the proceeds otherwise payable
to the seller and accounted for and forwarded
by such fish purchasers to the Secretary in
such manner as the Secretary may establish,
unless the Secretary determines that such fees
should be collected from the seller; and
(D) be in effect only until such time as the
debt obligation has been fully paid.
(e) Implementation plan
(1) Framework regulations
The Secretary shall propose and adopt
framework regulations applicable to the implementation of all programs under this section.
(2) Program regulations
The Secretary shall implement each program under this section by promulgating regulations that, together with the framework regulations, establish each program and control
its implementation.
(3) Harvester proponents’ implementation plan
The Secretary may not propose implementation regulations for a program to be paid for
by an industry fee system until the harvester

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proponents of the program provide to the Secretary a proposed implementation plan that,
among other matters—
(A) proposes the types and numbers of vessels or permits that are eligible to participate in the program and the manner in
which the program shall proceed, taking
into account—
(i) the requirements of this section;
(ii) the requirements of the framework
regulations;
(iii) the characteristics of the fishery
and affected fishing communities;
(iv) the requirements of the applicable
fishery management plan and any amendment that such plan may require to support the proposed program;
(v) the general needs and desires of harvesters in the fishery;
(vi) the need to minimize program costs;
and
(vii) other matters, including the manner in which such proponents propose to
fund the program to ensure its cost effectiveness, as well as any relevant factors
demonstrating the potential for, or necessary to obtain, the support and general
cooperation of a substantial number of affected harvesters in the fishery (or portion
of the fishery) for which the program is intended; and
(B) proposes procedures for program participation (such as submission of owner bids
under an auction system or fair marketvalue assessment), including any terms and
conditions for participation, that the harvester proponents deem to be reasonably
necessary to meet the program’s proposed
objectives.
(4) Participation contracts
The Secretary shall contract with each person participating in a program, and each such
contract shall, in addition to including such
other matters as the Secretary deems necessary and appropriate to effectively implement each program (including penalties for
contract non-performance) be consistent with
the framework and implementing regulations
and all other applicable law.
(5) Reduction auctions
Each program not involving fair market assessment shall involve a reduction auction
that scores the reduction price of each bid
offer by the data relevant to each bidder under
an appropriate fisheries productivity factor. If
the Secretary accepts bids, the Secretary shall
accept responsive bids in the rank order of
their bid scores, starting with the bid whose
reduction price is the lowest percentage of the
productivity factor, and successively accepting each additional responsive bid in rank
order until either there are no more responsive bids or acceptance of the next bid would
cause the total value of bids accepted to exceed the amount of funds available for the program.
(6) Bid invitations
Each program shall proceed by the Secretary issuing invitations to bid setting out

Page 2110

the terms and conditions for participation
consistent with the framework and implementing regulations. Each bid that the Secretary receives in response to the invitation to
bid shall constitute an irrevocable offer from
the bidder.
(Pub. L. 94–265, title III, § 312, as added Pub. L.
104–297, title I, § 116(a), Oct. 11, 1996, 110 Stat.
3600; amended Pub. L. 109–479, title I, § 112(a),
Jan. 12, 2007, 120 Stat. 3598; Pub. L. 117–328, div.
S, title II, § 202, Dec. 29, 2022, 136 Stat. 5261.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1)(C)(ii)(II),
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
In subsecs. (b)(1)(C), (c)(1)(C), (2), and (d)(2), ‘‘section
53735 of title 46’’ substituted for ‘‘section 1111 of title XI
of the Merchant Marine Act, 1936’’ on authority of Pub.
L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act
enacted section 53735 of Title 46, Shipping.
PRIOR PROVISIONS
A prior section 312 of Pub. L. 94–265, title III, Apr. 13,
1976, 90 Stat. 359, was set out as an Effective Date note
under section 1857 of this title, prior to being amended
generally by Pub. L. 104–297.
AMENDMENTS
2022—Subsec. (a). Pub. L. 117–328 amended subsec. (a)
generally. Prior to amendment, subsec. (a) related to
fisheries disaster relief.
2007—Subsec. (a)(1)(B). Pub. L. 109–479, § 112(a)(1), substituted ‘‘measures, including regulatory restrictions
(including those imposed as a result of judicial action)
imposed to protect human health or the marine environment;’’ for ‘‘measures;’’.
Subsec. (a)(4). Pub. L. 109–479, § 112(a)(2), substituted
‘‘2007 through 2013.’’ for ‘‘1996, 1997, 1998, and 1999.’’
Subsec. (b)(1). Pub. L. 109–479, § 112(a)(3), in introductory provisions, substituted ‘‘the Governor of a State
for fisheries under State authority, or a majority of
permit holders in the fishery, may conduct a voluntary
fishing’’ for ‘‘or the Governor of a State for fisheries
under State authority, may conduct a fishing’’.
Subsec. (b)(1)(B)(i). Pub. L. 109–479, § 112(a)(4), inserted
‘‘practicable’’ after ‘‘entrants,’’.
Subsec. (b)(1)(C). Pub. L. 109–479, § 112(a)(5), substituted ‘‘cost-effective and, in the instance of a program involving an industry fee system, prospectively’’
for ‘‘cost-effective and’’.
Subsec. (b)(2)(A). Pub. L. 109–479, § 112(a)(6), added
subpar. (A) and struck out former subpar. (A) which
read as follows: ‘‘the owner of a fishing vessel, if such
vessel is (i) scrapped, or (ii) through the Secretary of
the department in which the Coast Guard is operating,
subjected to title restrictions that permanently prohibit and effectively prevent its use in fishing, and if
the permit authorizing the participation of the vessel
in the fishery is surrendered for permanent revocation
and the owner relinquishes any claim associated with
the vessel and permit that could qualify such owner for
any present or future limited access system permit in
the fishery for which the program is established; or’’.
Subsec. (b)(4). Pub. L. 109–479, § 112(a)(7), substituted
‘‘The harvester proponents of each program and the
Secretary shall consult, as appropriate and practicable,
with Councils,’’ for ‘‘The Secretary shall consult, as appropriate, with Councils,’’.

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§ 1862

TITLE 16—CONSERVATION

Subsec. (b)(5), (6). Pub. L. 109–479, § 112(a)(8), added
pars. (5) and (6).
Subsec. (d)(1)(A). Pub. L. 109–479, § 112(a)(9), (10), in introductory provisions, substituted ‘‘Secretary’’ for
‘‘Secretary, at the request of the appropriate Council,’’
before ‘‘may conduct’’ and ‘‘Secretary’’ for ‘‘Secretary,
in consultation with the Council,’’ before ‘‘shall—’’.
Subsec. (d)(1)(B). Pub. L. 109–479, § 112(a)(11), substituted ‘‘at least a majority of the permit holders in
the fishery, or 50 percent of the permitted allocation of
the fishery, who participated in the fishery.’’ for ‘‘a
two-thirds majority of the participants voting.’’
Subsec. (d)(2)(C). Pub. L. 109–479, § 112(a)(12), substituted ‘‘establish, unless the Secretary determines
that such fees should be collected from the seller;’’ for
‘‘establish;’’.
Subsec. (e). Pub. L. 109–479, § 112(a)(13), added subsec.
(e) and struck out former subsec. (e) which related to
implementation plan.

retary of Commerce for Oceans and Atmosphere,
State and local enforcement entities, and other
relevant stakeholders, an annual summary report of fisheries enforcement activities for the
preceding year, including a summary of the
number of patrols, law enforcement actions
taken, and resource hours expended.
(Pub. L. 108–293, title II, § 224, Aug. 9, 2004, 118
Stat. 1040.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Coast Guard and
Maritime Transportation Act of 2004, and not as part of
the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Statutory Notes and Related Subsidiaries

EFFECTIVE DATE

TERMINATION OF REPORTING REQUIREMENT

Pub. L. 109–479, title I, § 112(b), Jan. 12, 2007, 120 Stat.
3601, provided that: ‘‘Sections 116, 203, 204, 205, and 206
of the Sustainable Fisheries Act [Pub. L. 104–297, see
Tables for classification] are deemed to have added sections 312, 402, 403, 404, and 405 [16 U.S.C. 1861a, 1881a to
1881d], respectively to the Act [Pub. L. 94–265] as of the
date of enactment of the Sustainable Fisheries Act
[Oct. 11, 1996].’’

For provision terminating reporting requirement
under this section, see section 4(b) of Pub. L. 111–207,
set out as a Combination of Fisheries Enforcement
Plans and Foreign Fishing Incursion Reports note
under section 1828 of this title.

BUDGET REQUEST FOR DEPARTMENT OF COMMERCE
Pub. L. 117–328, div. S, title II, § 205(a), Dec. 29, 2022,
136 Stat. 5270, provided that: ‘‘In the budget justification materials submitted to Congress in support of the
budget of the Department of Commerce for each fiscal
year (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code),
the Secretary of Commerce shall include a separate
statement of the amount for each outstanding unfunded fishery resource disasters.’’
STUDY OF FEDERAL INVESTMENT IN FISHERIES
Pub. L. 104–297, title I, § 116(b), Oct. 11, 1996, 110 Stat.
3603, 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, required the Secretary of Commerce to establish a task force comprised of interested parties to
study and report to Congress within 2 years of Oct. 11,
1996, on the role of the Federal Government in subsidizing the expansion and contraction of fishing capacity in fishing fleets managed under the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) and otherwise influencing the aggregate capital investments in fisheries.

§ 1861b. Fisheries enforcement plans and reporting
(a) Fisheries enforcement plans
In preparing the Coast Guard’s annual fisheries enforcement plan, the Commandant of the
Coast Guard shall consult with the Under Secretary of Commerce for Oceans and Atmosphere
and with State and local enforcement authorities.
(b) Fishery patrols
Prior to undertaking fisheries patrols, the
Commandant of the Coast Guard shall notify the
Under Secretary of Commerce for Oceans and
Atmosphere and appropriate State and local enforcement authorities of the projected dates for
such patrols.
(c) Annual summary
The Commandant of the Coast Guard shall
prepare and make available to the Under Sec-

§ 1862. North Pacific fisheries conservation
(a) In general
The North Pacific Council may prepare, in
consultation with the Secretary, a fisheries research plan for any fishery under the Council’s
jurisdiction except a salmon fishery which—
(1) requires that observers be stationed on
fishing vessels engaged in the catching, taking, or harvesting of fish and on United States
fish processors fishing for or processing species under the jurisdiction of the Council, including the Northern Pacific halibut fishery,
for the purpose of collecting data necessary
for the conservation, management, and scientific understanding of any fisheries under
the Council’s jurisdiction; and
(2) establishes a system, or system,1 of fees,
which may vary by fishery, management area,
or observer coverage level, to pay for the cost
of implementing the plan.
(b) Standards
(1) Any plan or plan amendment prepared
under this section shall be reasonably calculated
to—
(A) gather reliable data, by stationing observers on all or a statistically reliable sample
of the fishing vessels and United States fish
processors included in the plan, necessary for
the conservation, management, and scientific
understanding of the fisheries covered by the
plan;
(B) be fair and equitable to all vessels and
processors;
(C) be consistent with applicable provisions
of law; and
(D) take into consideration the operating requirements of the fisheries and the safety of
observers and fishermen.
(2) Any system of fees established under this
section shall—
(A) provide that the total amount of fees
collected under this section not exceed the
1 So

in original.