Northern Pacific Halibut Act

Northern Pacific Halibut Act
Agencies: National Oceanic and Atmospheric Administration, U.S. Department of State, and U.S. Coast
Guard
Citation: 16 U.S.C. §§ 773 et seq.
Enacted as: the “Northern Pacific Halibut Act of 1982”, May 17, 1982
Summary:
The Northern Pacific Halibut Act of 1982 (Halibut Act or Act) is the implementing legislation for the
Convention between the United States and Canada for the Preservation of the Halibut Fishery of the
Northern Pacific Ocean and Bering Sea (Convention). The Halibut Act establishes the President’s
authority to appoint three Commissioners to the International Pacific Halibut Commission (IPHC), one
being a NOAA official, one a resident of the State of Alaska, and one a non-resident of Alaska. The Act
authorizes the Secretary of State, with the concurrence of the Secretary of Commerce, to accept or
reject on behalf of the United States the halibut fishery regulations and management recommendations
developed by the IPHC. The Act also authorizes the North Pacific Fishery Management Council and the
Pacific Fishery Management Council to develop, and the Secretary of Commerce to implement,
additional halibut fishery regulations governing the U.S. portion of Convention waters. The Act further
outlines civil and criminal violations and their respective penalties. Specifically, any violation of the
Convention or regulation adopted pursuant to the Halibut Act constitutes a civil violation of the Act, and
five enumerated violations constitute a criminal violation of the Act. Civil remedies include monetary
penalties up to $25,000 per violation and/or asset forfeitures. Criminal remedies include fines up to
$100,000 and/or imprisonment for up to 10 years per offense.
The Halibut Act gives enforcement agents of the Department of Commerce and United States Coast
Guard full authority to search and inspect persons or vessels suspected of violating the Act, to seize
evidence of suspected violations, to execute warrants and other legal process, and to arrest suspected
violators.
Finally, the Act broadly authorizes appropriations for all “such sums as may be necessary for carrying out
the Convention and this Act”.
Source: 16 U.S.C. §§ 773 et seq.
Information last updated: September 20, 2012