Magnuson-Stevens Fishery Conservation and Management Act - 2007 Blue Book

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16 U.S.C. 1855 note, 1856
MSA §§ 305 note, 306

P.L. 104-297, sec. 111(b); 106-555; 109-479, sec. 207; MSA § 305 note
16 U.S.C. 1855 note
WESTERN PACIFIC DEMONSTRATION PROJECTS.—
(1) The Secretary of Commerce is authorized to make direct grants to eligible western Pacific
communities, as recommended by the Western Pacific Fishery Management Council, for the purpose of
establishing fishery demonstration projects to foster and promote traditional indigenous fishing practices.
There are authorized to be appropriated to carry out this section $500,000 for each fiscal year.
(2) Demonstration projects funded pursuant to this subsection shall foster and promote the
involvement of western Pacific communities in western Pacific fisheries and may—
(A) identify and apply traditional indigenous fishing practices;
(B) develop or enhance western Pacific community-based fishing opportunities; and
(C) involve research, community education, or the acquisition of materials and equipment necessary to
carry out any such demonstration project.
(3)(A) The Western Pacific Fishery Management Council, in consultation with the Secretary of
Commerce, shall establish an advisory panel under section 302(g) of the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1852(g)) to evaluate, determine the relative merits of, and annually rank
applications for such grants. The panel shall consist of not more than 8 individuals who are
knowledgeable or experienced in traditional indigenous fishery practices of western Pacific communities
and who are not members or employees of the Western Pacific Fishery Management Council.
(B) If the Secretary of Commerce or the Secretary of the Interior awards a grant for a demonstration
project not in accordance with the rank given to such project by the advisory panel, the Secretary shall
provide a detailed written explanation of the reasons therefor.
(4) The Western Pacific Fishery Management Council shall, with the assistance of such advisory
panel, submit an annual report to the Congress assessing the status and progress of demonstration projects
carried out under this subsection.
(5) Appropriate Federal agencies may provide technical assistance to western Pacific
community-based entities to assist in carrying out demonstration projects under this subsection.
(6) In this subsection the term ‘Western Pacific community’ means a community eligible to participate
under section 305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1855(i)(2)(B)(i) through (iv)).

SEC. 306. STATE JURISDICTION

16 U.S.C. 1856

97-453, 98-623
(a) IN GENERAL.—
(1) Except as provided in subsection (b), nothing in this Act shall be construed as
extending or diminishing the jurisdiction or authority of any State within its boundaries.
(2) For the purposes of this Act, except as provided in subsection (b), the jurisdiction and
authority of a State shall extend
(A) to any pocket of waters that is adjacent to the State and totally enclosed by lines
delimiting the territorial sea of the United States pursuant to the Geneva Convention on
the Territorial Sea and Contiguous Zone or any successor convention to which the United
States is a party;
(B) with respect to the body of water commonly known as Nantucket Sound, to the
pocket of water west of the seventieth meridian west of Greenwich; and
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16 U.S.C. 1856
MSA § 306

(C) to the waters of southeastern Alaska (for the purpose of regulating fishing for
other than any species of crab) that are—
(i) north of the line representing the international boundary at Dixon Entrance and
the westward extension of that line; east of 138 degrees west longitude; and not more
than three nautical miles seaward from the coast, from the lines extending from
headland to headland across all bays, inlets, straits, passes, sounds, and entrances, and
from any island or group of islands, including the islands of the Alexander
Archipelago (except Forrester Island); or
(ii) between the islands referred to in clause (i) (except Forrester Island) and the
mainland.
104-297
(3) A State may regulate a fishing vessel outside the boundaries of the State in the
following circumstances:
(A) The fishing vessel is registered under the law of that State, and (i) there is no
fishery management plan or other applicable Federal fishing regulations for the fishery
in which the vessel is operating; or (ii) the State's laws and regulations are consistent with
the fishery management plan and applicable Federal fishing regulations for the fishery in
which the vessel is operating.
(B) The fishery management plan for the fishery in which the fishing vessel is
operating delegates management of the fishery to a State and the State's laws and
regulations are consistent with such fishery management plan. If at any time the
Secretary determines that a State law or regulation applicable to a fishing vessel under
this circumstance is not consistent with the fishery management plan, the Secretary shall
promptly notify the State and the appropriate Council of such determination and provide
an opportunity for the State to correct any inconsistencies identified in the notification.
If, after notice and opportunity for corrective action, the State does not correct the
inconsistencies identified by the Secretary, the authority granted to the State under this
subparagraph shall not apply until the Secretary and the appropriate Council find that the
State has corrected the inconsistencies. For a fishery for which there was a fishery
management plan in place on August 1, 1996 that did not delegate management of the
fishery to a State as of that date, the authority provided by this subparagraph applies only
if the Council approves the delegation of management of the fishery to the State by a
three-quarters majority vote of the voting members of the Council.
(C) The fishing vessel is not registered under the law of the State of Alaska and is
operating in a fishery in the exclusive economic zone off Alaska for which there was no
fishery management plan in place on August 1, 1996, and the Secretary and the North
Pacific Council find that there is a legitimate interest of the State of Alaska in the
conservation and management of such fishery. The authority provided under this
subparagraph shall terminate when a fishery management plan under this Act is approved
and implemented for such fishery.

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16 U.S.C. 1856
MSA § 306

99-659, 104-297
(b) EXCEPTION.—
(1) If the Secretary finds, after notice and an opportunity for a hearing in accordance with
section 554 of title 5, United States Code, that—
(A) the fishing in a fishery, which is covered by a fishery management plan
implemented under this Act, is engaged in predominately within the exclusive economic
zone and beyond such zone; and
(B) any State has taken any action, or omitted to take any action, the results of which
will substantially and adversely affect the carrying out of such fishery management plan;
the Secretary shall promptly notify such State and the appropriate Council of such finding
and of his intention to regulate the applicable fishery within the boundaries of such State
(other than its internal waters), pursuant to such fishery management plan and the
regulations promulgated to implement such plan.
(2) If the Secretary, pursuant to this subsection, assumes responsibility for the regulation
of any fishery, the State involved may at any time thereafter apply to the Secretary for
reinstatement of its authority over such fishery. If the Secretary finds that the reasons for
which he assumed such regulation no longer prevail, he shall promptly terminate such
regulation.
(3) If the State involved requests that a hearing be held pursuant to paragraph (1), the
Secretary shall conduct such hearing prior to taking any action under paragraph (1).
97-191, 101-627, 104-297
(c) EXCEPTION REGARDING FOREIGN FISH PROCESSING IN INTERNAL
WATERS.—
(1) A foreign fishing vessel may engage in fish processing within the internal waters of a
State if, and only if—
(A) the vessel is qualified for purposes of this paragraph pursuant to paragraph (4)(C)
or has received a permit under section 204(d);
(B) the owner or operator of the vessel applies to the Governor of the State for, and
(subject to paragraph (2)) is granted, permission for the vessel to engage in such
processing and the application specifies the species to be processed; and
(C) the owner or operator of the vessel submits reports on the tonnage of fish received
from vessels of the United States and the locations from which such fish were harvested,
in accordance with such procedures as the Secretary by regulation shall prescribe.

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16 U.S.C. 1856, 1856 note
MSA §§ 306, 306 note

(2) The Governor of a State may not grant permission for a foreign fishing vessel to
engage in fish processing under paragraph (1)—
(A) for a fishery which occurs in the waters of more than one State or in the exclusive
economic zone, except after—
(i) consulting with the appropriate Council and Marine Fisheries Commission, and
(ii) considering any comments received from the Governor of any other State
where the fishery occurs; and
(B) if the Governor determines that fish processors within the State have adequate
capacity, and will utilize such capacity, to process all of the United States harvested fish
from the fishery concerned that are landed in the State.
(3) Nothing in this subsection may be construed as relieving a foreign fishing vessel from
the duty to comply with all applicable Federal and State laws while operating within the
internal waters of a State incident to permission obtained under paragraph (1)(B).
(4) For purposes of this subsection—
(A) The term "fish processing" includes, in addition to processing, the performance of
any other activity relating to fishing, including, but not limited to, preparation, supply,
storage, refrigeration, or transportation.
(B) The phrase "internal waters of a State" means all waters within the boundaries of a
State except those seaward of the baseline from which the territorial sea is measured.
(C) A foreign fishing vessel shall be treated as qualified for purposes of paragraph (1)
if the foreign nation under which it is flagged will be a party to (i) a governing
international fishery agreement or (ii) a treaty described in section 201(b) of this Act (16
U.S.C. 1821(b)) during the time the vessel will engage in the fish processing for which
permission is sought under paragraph (1)(B).
P.L. 109-479, sec. 302(e), MSA § 306 note
16 U.S.C. 1856 note
AUTHORITY OF STATES OF WASHINGTON, OREGON, AND CALIFORNIA TO MANAGE
DUNGENESS CRAB FISHERY.
(a) IN GENERAL—Subject to the provisions of this section and notwithstanding section 306(a) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1856(a)), each of the States of
Washington, Oregon, and California may adopt and enforce State laws and regulations governing fishing
and processing in the exclusive economic zone adjacent to that State in any Dungeness crab (Cancer
magister) fishery for which there is no fishery management plan in effect under that Act.
(b) REQUIREMENTS FOR STATE MANAGEMENT—Any law or regulation adopted by a State
under this section for a Dungeness crab fishery—
(1) except as provided in paragraph (2), shall apply equally to vessels engaged in the fishery in the
exclusive economic zone and vessels engaged in the fishery in the waters of the State, and without
regard to the State that issued the permit under which a vessel is operating;
(2) shall not apply to any fishing by a vessel in exercise of tribal treaty rights except as provided in
United States v. Washington, D.C. No. CV-70-09213, United States District Court for the Western
District of Washington; and
(3) shall include any provisions necessary to implement tribal treaty rights pursuant to the decision
in United States v. Washington, D.C. No. CV-70-09213.

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16 U.S.C. 1856 note, 1857
MSA §§ 306 note, 307

(c) LIMITATION ON ENFORCEMENT OF STATE LIMITED ACCESS SYSTEMS—Any law of
the State of Washington, Oregon, or California that establishes or implements a limited access system for
a Dungeness crab fishery may not be enforced against a vessel that is otherwise legally fishing in the
exclusive economic zone adjacent to that State and that is not registered under the laws of that State,
except a law regulating landings.
(d) STATE PERMIT OR TREATY RIGHT REQUIRED—No vessel may harvest or process
Dungeness crab in the exclusive economic zone adjacent to the State of Washington, Oregon, or
California, except as authorized by a permit issued by any of those States or pursuant to any tribal treaty
rights to Dungeness crab pursuant to the decision in United States v. Washington, D.C. No. CV-70­
09213.
(e) STATE AUTHORITY OTHERWISE PRESERVED—Except as expressly provided in this
section, nothing in this section reduces the authority of any State under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) to regulate fishing, fish processing, or
landing of fish.
(f) TERMINATION OF AUTHORITY—The authority of the States of Washington, Oregon, and
California under this section with respect to a Dungeness crab fishery shall expire on the effective date of
a fishery management plan for the fishery under the Magnuson-Stevens Fishery Conservation and
Management Act.
(g) REPEAL—Section 112(d) of Public Law 104-297 (16 U.S.C. 1856 note) is repealed.
(h) DEFINITIONS—The definitions set forth in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802) shall apply to this section.
(i) SUNSET—This section shall have no force or effect on and after September 30, 2016.
(j) Not later than December 31, 2001, and every 2 years thereafter, the Pacific State Marine Fisheries
Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Resources of the House of Representatives a report on the status and management of
the Dungeness Crab fishery located off the coasts of the States of Washington, Oregon, and California,
including—
(1) stock status and trends throughout its range;
(2) a description of applicable research and scientific review processes used to determine stock
status and trends; and
(3) measures implemented or planned that are designed to prevent or end overfishing in the fishery.

SEC. 307. PROHIBITED ACTS

16 U.S.C. 1857

It is unlawful—
99-659, 101-224, 101-627, 102-251, 104-297, 106-557, 109-479
(1) for any person—
(A) to violate any provision of this Act or any regulation or permit issued pursuant to
this Act;
(B) to use any fishing vessel to engage in fishing after the revocation, or during the
period of suspension, of an applicable permit issued pursuant to this Act;
(C) to violate any provision of, or regulation under, an applicable governing international
fishery agreement entered into pursuant to section 201(c);
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