Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>

legal/us/code/title-16/chapter-38/section-1803.md

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+---
+type: "LegalText"
+title: "16 U.S.C. § 1803"
+description: "Authorization of appropriations"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1803"
+citation: "16 U.S.C. § 1803"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1803"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "4fa5e333a2ba40937821bc76d7d85852c03b4a8c4fd3ab3ad56b47b806c16993"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "605abc723254392ea876b10f44fea6554abc3810affd38f1a4d243168ad6b6d7"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1803 - Authorization of appropriations
+
+## Text
+
+There are authorized to be appropriated to the Secretary to carry out the provisions of this chapter—
+
+(1) $337,844,000 for fiscal year 2007;
+
+(2) $347,684,000 for fiscal year 2008;
+
+(3) $357,524,000 for fiscal year 2009;
+
+(4) $367,364,000 for fiscal year 2010;
+
+(5) $377,204,000 for fiscal year 2011;
+
+(6) $387,044,000 for fiscal year 2012; and
+
+(7) $396,875,000 for fiscal year 2013.
+
+(Pub. L. 94–265, § 4, as added Pub. L. 104–297, title I, § 103, Oct. 11, 1996, 110 Stat. 3563; amended Pub. L. 109–479, § 7, Jan. 12, 2007, 120 Stat. 3579.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in text, 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.
+
+Amendments2007—Pub. L. 109–479 reenacted section catchline without change and amended text generally, substituting provisions authorizing appropriations for fiscal years 2007 to 2013 for provisions authorizing appropriations for fiscal years 1996 to 1999.

legal/us/code/title-16/chapter-38/section-1811.md

@@ -0,0 +1,55 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1811"
+description: "United States sovereign rights to fish and fishery management authority"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1811"
+citation: "16 U.S.C. § 1811"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1811"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "57dfc3e9827e9030eab49ba5a447d564a5a48721bff092201dfc772a3f4b48f6"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "c08304ab0802dc717b2fec749c0d248be52188524efb53d610a044bf29185a8d"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1811 - United States sovereign rights to fish and fishery management authority
+
+## Text
+
+(a) In the exclusive economic zone Except as provided in section 1812 of this title, the United States claims, and will exercise in the manner provided for in this chapter, sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone.
+
+(b) Beyond the exclusive economic zone The United States claims, and will exercise in the manner provided for in this chapter, exclusive fishery management authority over the following:
+
+(1) All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; except that that management authority does not extend to any such species during the time they are found within any waters of a foreign nation.
+
+(2) All Continental Shelf fishery resources beyond the exclusive economic zone.
+
+(Pub. L. 94–265, title I, § 101, Apr. 13, 1976, 90 Stat. 336; Pub. L. 99–659, title I, § 101(b), Nov. 14, 1986, 100 Stat. 3706; Pub. L. 101–627, title I, § 102(b), Nov. 28, 1990, 104 Stat. 4438; Pub. L. 102–251, title III, § 301(c), Mar. 9, 1992, 106 Stat. 62.)
+
+## Notes
+
+Amendment of SectionPub. L. 102–251, title III, §§ 301(c), 308, Mar. 9, 1992, 106 Stat. 62, 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, subsection (a) is amended by inserting “and special areas” before the period at the end and subsection (b) is amended by inserting after paragraph (2) the following new paragraph: (3) All fishery resources in the special areas.
+
+Editorial Notes
+
+References in TextThis chapter, referred to in text, 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.
+
+Amendments1990—Subsec. (b)(1). Pub. L. 101–627 substituted “any waters of a foreign nation” for “any foreign nation’s territorial sea or exclusive economic zone (or the equivalent), to the extent that that sea or zone is recognized by the United States”. 1986—Pub. L. 99–659 amended section generally. Prior to amendment, section read as follows: “There is established a zone contiguous to the territorial sea of the United States to be known as the fishery conservation zone. The inner boundary of the fishery conservation zone is a line coterminous with the seaward boundary of each of the coastal States, and the outer boundary of such zone is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.”
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 1992 AmendmentAmendment by Pub. L. 102–251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102–251, set out as a note under section 773 of this title.

legal/us/code/title-16/chapter-38/section-1812.md

@@ -0,0 +1,51 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1812"
+description: "Highly migratory species"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1812"
+citation: "16 U.S.C. § 1812"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1812"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "717af5ecc811652df9ae9bbeedc6dcc8183109ef58215fca5ed40dbc40801f25"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "62f291195031a96c1a3ee1383dfe5f9e17460db02071a73df54ffc7779d6e243"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1812 - Highly migratory species
+
+## Text
+
+(a) In general The United States shall cooperate directly or through appropriate international organizations with those nations involved in fisheries for highly migratory species with a view to ensuring conservation and shall promote the achievement of optimum yield of such species throughout their range, both within and beyond the exclusive economic zone.
+
+(b) Traditional participation In managing any fisheries under an international fisheries agreement to which the United States is a party, the appropriate Council or Secretary shall take into account the traditional participation in the fishery, relative to other nations, by fishermen of the United States on fishing vessels of the United States.
+
+(c) Promotion of stock management If a relevant international fisheries organization does not have a process for developing a formal plan to rebuild a depleted stock, an overfished stock, or a stock that is approaching a condition of being overfished, the provisions of this chapter in this regard shall be communicated to and promoted by the United States in the international or regional fisheries organization.
+
+(Pub. L. 94–265, title I, § 102, Apr. 13, 1976, 90 Stat. 336; Pub. L. 99–659, title I, § 101(b), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101–627, title I, § 103(a), Nov. 28, 1990, 104 Stat. 4439; Pub. L. 104–297, title I, § 104, Oct. 11, 1996, 110 Stat. 3563; Pub. L. 109–479, § 4, Jan. 12, 2007, 120 Stat. 3578.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsec. (c), 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.
+
+Amendments2007—Pub. L. 109–479 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c). 1996—Pub. L. 104–297 substituted “shall promote the achievement of optimum yield” for “promoting the objective of optimum utilization”. 1990—Pub. L. 101–627 amended section generally. Prior to amendment, section read as follows: “The sovereign rights and exclusive fishery management authority asserted by the United States under section 1811 of this title over fish do not include, and may not be construed to extend to, highly migratory species of fish.” 1986—Pub. L. 99–659 amended section generally. Prior to amendment, section read as follows: “The United States shall exercise exclusive fishery management authority, in the manner provided for in this chapter, over the following: “(1) All fish within the fishery conservation zone. “(2) All anadromous species throughout the migratory range of each such species beyond the fishery conservation zone; except that such management authority shall not extend to such species during the time they are found within any foreign nation’s territorial sea or fishery conservation zone (or the equivalent), to the extent that such sea or zone is recognized by the United States. “(3) All Continental Shelf fishery resources beyond the fishery conservation zone.”
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 1990 AmendmentPub. L. 101–627, title I, § 103(c), Nov. 28, 1990, 104 Stat. 4439, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 1992.”

legal/us/code/title-16/chapter-38/section-1813.md

@@ -0,0 +1,35 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1813"
+description: "Omitted"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1813"
+citation: "16 U.S.C. § 1813"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1813"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "27cb9cfafc3d580b59b59d7a15828f928e200362d96dab33ae42f98e561d5678"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "be9da3ef1c54a14b057dc2ae5e6bf2456c1e7b1a9a876e06642f485b8758b6f3"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1813 - Omitted
+
+## Notes
+
+Editorial Notes
+
+Codification Section, Pub. L. 94–265, title I, § 103, Apr. 13, 1976, 90 Stat. 336, which related to exclusion of highly migratory species of fish from exclusive fishery management authority, was omitted in the general revision of this subchapter by section 101(b) of Pub. L. 99–659. See section 1812 of this title.

legal/us/code/title-16/chapter-38/section-1823.md

@@ -0,0 +1,109 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1823"
+description: "Congressional oversight of international fishery agreements"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1823"
+citation: "16 U.S.C. § 1823"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1823"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "756541930f5c86addd62357f72205621634285b47d5c3b9719f2c871e83f7023"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "362e6e1b282a8e450ed9e1db853f20cebf004e202afedc3361e05717f73f88ab"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1823 - Congressional oversight of international fishery agreements
+
+## Text
+
+(a) In general No governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement shall become effective with respect to the United States before the close of the first 120 days (excluding any days in a period for which the Congress is adjourned sine die) after the date on which the President transmits to the House of Representatives and to the Senate a document setting forth the text of such governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement. A copy of the document shall be delivered to each House of Congress on the same day and shall be delivered to the Clerk of the House of Representatives, if the House is not in session, and to the Secretary of the Senate, if the Senate is not in session.
+
+(b) Referral to committees Any document described in subsection (a) shall be immediately referred in the House of Representatives to the Committee on Merchant Marine and Fisheries, and in the Senate to the Committees on Commerce, Science, and Transportation and on Foreign Relations.
+
+(c) Congressional procedures (1) Rules of the House of Representatives and Senate The provisions of this section are enacted by the Congress—
+
+(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of fishery agreement resolutions described in paragraph (2), and they supersede other rules only to the extent that they are inconsistent therewith; and
+
+(B) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, and in the same manner and to the same extent as in the case of any other rule of that House.
+
+(2) “Fishery agreement resolution” defined For purposes of this subsection, the term “fishery agreement resolution” refers to a joint resolution of either House of Congress—
+
+(A) the effect of which is to prohibit the entering into force and effect of any governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement the text of which is transmitted to the Congress pursuant to subsection (a); and
+
+(B) which is reported from the Committee on Merchant Marine and Fisheries of the House of Representatives or the Committee on Commerce, Science, and Transportation or the Committee on Foreign Relations of the Senate, not later than 45 days after the date on which the document described in subsection (a) relating to that agreement is transmitted to the Congress.
+
+(3) Placement on calendar Any fishery agreement resolution upon being reported shall immediately be placed on the appropriate calendar.
+
+(4) Floor consideration in the House (A) A motion in the House of Representatives to proceed to the consideration of any fishery agreement resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
+
+(B) Debate in the House of Representatives on any fishery agreement resolution shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit any fishery agreement resolution or to move to reconsider the vote by which any fishery agreement resolution is agreed to or disagreed to.
+
+(C) Motions to postpone, made in the House of Representatives with respect to the consideration of any fishery agreement resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
+
+(D) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any fishery agreement resolution shall be decided without debate.
+
+(E) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any fishery agreement resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances.
+
+(5) Floor consideration in the Senate (A) A motion in the Senate to proceed to the consideration of any fishery agreement resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
+
+(B) Debate in the Senate on any fishery agreement resolution and on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
+
+(C) Debate in the Senate on any debatable motion or appeal in connection with any fishery agreement resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover of the motion or appeal and the manager of the resolution, except that if the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. The majority leader and the minority leader, or either of them, may allot additional time to any Senator during the consideration of any debatable motion or appeal, from time under their control with respect to the applicable fishery agreement resolution.
+
+(D) A motion in the Senate to further limit debate is not debatable. A motion to recommit any fishery agreement resolution is not in order.
+
+(Pub. L. 94–265, title II, § 203, Apr. 13, 1976, 90 Stat. 340; Pub. L. 103–437, § 6(x), Nov. 2, 1994, 108 Stat. 4587; Pub. L. 104–297, title I, § 105(c), Oct. 11, 1996, 110 Stat. 3564.)
+
+## Notes
+
+Editorial Notes
+
+Amendments1996—Pub. L. 104–297, § 105(c)(1), substituted “international” for “governing international” in section catchline. Subsec. (a). Pub. L. 104–297, § 105(c)(2), (3), inserted “, bycatch reduction agreement, or Pacific Insular Area fishery agreement” after “international fishery agreement” in two places and substituted “120 days (excluding any days in a period for which the Congress is adjourned sine die)” for “60 calendar days of continuous session of the Congress”. Subsec. (c). Pub. L. 104–297, § 105(c)(4), (5), redesignated subsec. (d) as (c) and struck out heading and text of former subsec. (c). Text read as follows: “For purposes of subsection (a) of this section— “(1) continuity of session is broken only by an adjournment of Congress sine die; and “(2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 60-day period.” Subsec. (c)(2)(A). Pub. L. 104–297, § 105(c)(6), substituted “agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement” for “agreement”. Subsec. (d). Pub. L. 104–297, § 105(c)(5), redesignated subsec. (d) as (c). 1994—Subsec. (b). Pub. L. 103–437, § 6(x)(1), substituted “Commerce, Science, and Transportation and on” for “Commerce and”. Subsec. (d)(2)(B). Pub. L. 103–437, § 6(x)(2), substituted “Commerce, Science, and Transportation” for “Commerce”.
+
+Statutory Notes and Related Subsidiaries
+
+Short Title of 1995 AmendmentPub. L. 104–43, title V, § 501, Nov. 3, 1995, 109 Stat. 391, provided that: “This title [amending provisions set out below] may be cited as the ‘Sea of Okhotsk Fisheries Enforcement Act of 1995’.”
+
+Abolition of House Committee on Merchant Marine and Fisheries Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
+
+Governing International Fishery Agreement With PolandPub. L. 105–384, title I, § 101, Nov. 13, 1998, 112 Stat. 3451, provided that: “Notwithstanding section 203 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1823), the governing international fishery agreement between the Government of the United States of America and the Government of the Republic of Poland, as contained in the message to Congress from the President of the United States dated February 5, 1998, is approved as a governing international fishery agreement for the purposes of such Act [16 U.S.C. 1801 et seq.] and shall enter into force and effect with respect to the United States on the date of the enactment of this Act [Nov. 13, 1998].”
+
+Governing International Fishery Agreement With Republic of EstoniaPub. L. 102–587, title I, § 1001, Nov. 4, 1992, 106 Stat. 5039, provided that the governing international fishery agreement between the Government of the United States of America and the Government of the Republic of Estonia, was approved by Congress as a governing international fishery agreement for purposes of this chapter and was to enter into force and effect with respect to the United States on Nov. 4, 1992.
+
+Fisheries Enforcement in Central Bering Sea and Central Sea of OkhotskPub. L. 102–582, title III, Nov. 2, 1992, 106 Stat. 4906, as amended by Pub. L. 104–43, title V, § 502, Nov. 3, 1995, 109 Stat. 391; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, which provided that this title was to be cited as the “Central Bering Sea Fisheries Enforcement Act of 1992”, prohibited vessels and nationals of United States from conducting fishing operations in Central Bering Sea and Central Sea of Okhotsk, except where such fishing operations were conducted in accordance with international fishery agreement to which United States and Russian Federation were parties, further provided for civil penalties and permit sanctions for violations of these provisions as well as authority to deny port privileges for fishing in Central Bering Sea, further authorized Secretary of Commerce to issue regulations restricting fishing in United States exclusive economic zone, and further provided for definition of terms and that this title would cease to have force and effect after the date that is seven years after Nov. 2, 1992, except that any proceeding with respect to violations occurring prior to such date was to be conducted as if these provisions were still in effect.
+
+North Pacific and Bering Sea Fisheries Advisory BodyPub. L. 100–629, § 5, Nov. 7, 1988, 102 Stat. 3287, as amended by Pub. L. 114–327, title I, § 121(a), Dec. 16, 2016, 130 Stat. 1984; Pub. L. 117–286, § 4(a)(115), Dec. 27, 2022, 136 Stat. 4318, provided that: “(a) In General.—The Secretary of State shall establish an advisory body on the fisheries of the North Pacific and the Bering Sea, which shall advise the United States representative to the International Consultative Committee created in accordance with Article XIV of the governing international fishery agreement entered into between the United States and the Union of Soviet Socialist Republics, as contained in the message to Congress from the President of the United States dated June 22, 1988. “(b) Membership.—“(1) In General.—The advisory body established pursuant to this section shall consist of 12 members, as follows:“(A) The Director of the Department of Fisheries of the State of Washington. “(B) The Commission of the Department of Fish and Game of the State of Alaska. “(C) Five members appointed by the Secretary of State from among persons nominated by the Governor of Alaska on the basis of their knowledge and experience in commercial harvesting, processing, or marketing of fishery resources. “(D) Five members appointed by the Secretary of State from among persons nominated by the Governor of Washington on the basis of their knowledge and experience in commercial harvesting, processing, or marketing of fishery resources. “(2) Nominations.—The Governor of Alaska and the Governor of Washington shall each nominate 10 persons for purposes of paragraph (1). “(c) Pay.—Members of the advisory body established pursuant to this section shall receive no pay by reason of their service as members of the advisory body. “(d) Exemption From Chapter 10 of Title 5, United States Code.—Chapter 10 of title 5, United States Code, shall not apply to an advisory body established pursuant to this section. “(e) Travel Expenses.—“(1) In general.—The Secretary of State may pay the necessary travel expenses of the members of the advisory body established pursuant to this section in carrying out their service as such members in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. “(2) Reimbursement.—The Secretary of Commerce may reimburse the Secretary of State for amounts expended by the Secretary of State under this subsection.”
+
+Governing International Fishery Agreement With Russian FederationPub. L. 103–206, title VII, § 701, Dec. 20, 1993, 107 Stat. 2446, 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, provided that: “The Agreement between the Government of the United States of America and the Government of the Russian Federation on Mutual Fisheries Relations which was entered into on May 31, 1988, and which expired by its terms on October 28, 1993, may be brought into force again for the United States through an exchange of notes between the United States of America and the Russian Federation and may remain in force and effect on the part of the United States until May 1, 1994, and may be amended or extended by a subsequent agreement to which section 203 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1823) applies.” Pub. L. 100–629, § 1, Nov. 7, 1988, 102 Stat. 3286, provided that the governing international fishery agreement entered into between the Government of the United States and the Government of the Union of Soviet Socialist Republics was approved by Congress and was to enter into force and effect with respect to the United States on Nov. 7, 1988.
+
+Governing International Fishery Agreement With German Democratic RepublicPub. L. 100–350, § 1, June 27, 1988, 102 Stat. 660, provided that extension of governing international fishery agreement between the Government of the United States of America and the Government of the German Democratic Republic was approved by Congress as a governing international fishery agreement for purposes of this chapter, and was to enter into force and effect with respect to the United States on June 27, 1988.
+
+Governing International Fishery Agreements With Iceland and the European Economic CommunityPub. L. 98–623, title I, Nov. 8, 1984, 98 Stat. 3394, 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, provided that: “Notwithstanding section 203 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1823) [this section]— “(1) the governing international fishery agreement between the Government of the United States and the European Economic Community Concerning Fisheries Off the Coasts of the United States, as contained in the Message to Congress from the President of the United States dated August 27, 1984, is hereby approved by Congress as a governing international fishery agreement for purposes of that Act [this chapter], and may enter into force with respect to the United States in accordance with the terms of Article XIX of the agreement after the date of the enactment of this title [Nov. 8, 1984], upon signature of the agreement by both parties; and “(2) the governing international fishery agreement between the Government of the United States and the Government of the Republic of Iceland Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated September 29, 1984, is hereby approved by Congress as a governing international fishery agreement for purposes of that Act [this chapter], and may enter into force with respect to the United States in accordance with the terms of Article XVI of the agreement after the date of the enactment of this title [Nov. 8, 1984].”
+
+Governing International Fishery Agreement With Faroe Islands and DenmarkPub. L. 98–498, title IV, § 440, Oct. 19, 1984, 98 Stat. 2310, 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, provided that: “Notwithstanding section 203 of the Magnuson-Stevens Fishery Conservation and Management Act of 1976 [this section], the Governing International Fishery Agreement between the Government of the United States of America of the One Part and the Home Government of the Faroe Islands and the Government of Denmark of the Other Part Concerning Faroese Fishing in Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated July 13, 1984— “(1) is approved by Congress as a governing international fishery agreement for purposes of that Act [this chapter]; and “(2) may enter into force with respect to the United States in accordance with the terms of Article XVI of the Agreement following the enactment of this title [Oct. 19, 1984].”
+
+Governing International Fishery Agreement With JapanPub. L. 101–224, § 7, Dec. 12, 1989, 103 Stat. 1907, provided that the governing international fishery agreement entered into between the Government of the United States and the Government of Japan was approved by Congress and was to enter into force and effect with respect to the United States on Dec. 12, 1989. Pub. L. 100–220, title I, § 1001, Dec. 29, 1987, 101 Stat. 1459, provided that the governing international fishery agreement between the Government of the United States of America and the Government of Japan Concerning Fisheries Off the Coasts of the United States was approved by Congress as a governing international fishery agreement for the purposes of this chapter, and was to enter into force and effect with respect to the United States on Dec. 29, 1987. Pub. L. 97–389, title IV, § 401, Dec. 29, 1982, 96 Stat. 1954, provided that the governing international fishery agreement entered into between the Government of the United States and the Government of Japan pursuant to this chapter, signed at Washington on Sept. 10, 1982, was approved, and was effective on Jan. 1, 1983.
+
+Governing International Fishery Agreement With SpainPub. L. 97–389, title IV, § 402, Dec. 29, 1982, 96 Stat. 1954, provided for approval of the governing international fishery agreement entered into between the Government of the United States and the Government of Spain pursuant to this chapter.
+
+Governing International Fishery Agreement With PortugalPub. L. 96–561, title I, § 145, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3287, 3300, provided that the governing international fishery agreement between the Government of the United States of America and the Government of Portugal Concerning Fisheries Off the Coasts of the United States was approved by Congress as a governing international fishery agreement for the purposes of this chapter, and was to enter into force and effect with respect to the United States on Dec. 22, 1980.
+
+Extension of International Fishery AgreementsPub. L. 100–66, § 1, July 10, 1987, 101 Stat. 384, provided that the governing international fishery agreement entered into between the Government of the United States and the Government of the Republic of Korea on July 26, 1982, was to remain in force and effect with respect to the United States until the closing date of the sixty-day period referred to in subsec. (a) of this section that applied with respect to any new governing international fishery agreement between the United States and the Republic of Korea that was transmitted to the Congress under subsec. (a) of this section after May 1, 1987, or Nov. 1, 1987, whichever was earlier. Pub. L. 98–364, title I, § 106, July 17, 1984, 98 Stat. 442, provided that upon certification by Secretary of State to President of the Senate and Speaker of the House of Representatives that a new governing international fishery agreement in conformity with this chapter had been negotiated by the United States and the European Economic Community, the existing governing international fishery agreement referred to in section 2(a)(7) of Pub. L. 95–6, formerly set out below, could be extended or reinstated and could be in force and effect with respect to the United States, for the period of time ending on the earlier of (1) the effective date of the new governing international fishery agreement, or (2) Sept. 30, 1984. Pub. L. 97–212, § 10(b), June 30, 1982, 96 Stat. 148, provided that the governing international fishery agreements referred to in section 2(a)(9) and (10) of Pub. L. 95–6, formerly set out below, were to be extended, and were to be in force and effect with respect to the United States, for the period of time ending on the deadline for completion of congressional review, pursuant to subsec. (a) of this section, of any new governing international fishery agreement signed, on or before July 31, 1982, by the United States and the respective foreign government that was a party to the agreement in question, or July 31, 1982, if the United States and the respective foreign government that was a party to the agreement in question failed to sign a new governing international fishery agreement on or before that date.
+
+Congressional Approval of Certain Governing International Fishery AgreementsPub. L. 95–6, § 2, Feb. 21, 1977, 91 Stat. 15, as amended by Pub. L. 95–8, § 1, Mar. 3, 1977, 91 Stat. 18; Pub. L. 95–219, § 1, Dec. 28, 1977, 91 Stat. 1613; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 97–212, § 10(a), June 30, 1982, 96 Stat. 148; Pub. L. 98–44, title I, § 105, July 12, 1983, 97 Stat. 217; Pub. L. 98–364, title I, § 105, July 17, 1984, 98 Stat. 442, provided for the approval by Congress, as a governing international fishery agreement for purposes of this chapter, of the governing international fishery agreement between— (1) the Government of the United States and the Government of the People’s Republic of Bulgaria Concerning Fisheries Off the Coasts of the United States; (2) the Government of the United States and the Government of the Socialist Republic of Romania Concerning Fisheries Off the Coasts of the United States; (3) the Government of the United States and the Government of the Republic of China Concerning Fisheries Off the Coasts of the United States; (4) the Government of the United States and the Government of the German Democratic Republic Concerning Fisheries Off the Coasts of the United States; (5) the Government of the United States and the Government of the Union of Soviet Socialist Republics Concerning Fisheries Off the Coasts of the United States; (6) the Government of the United States and the Government of the Polish People’s Republic Concerning Fisheries Off the Coasts of the United States; (7) the Government of the United States and the European Economic Community Concerning Fisheries Off the Coasts of the United States; (8) the Government of the United States and the Government of Japan Concerning Fisheries Off the Coasts of the United States (for 1977); (9) the Government of the United States and the Government of the Republic of Korea Concerning Fisheries Off the Coasts of the United States; (10) the Government of the United States and the Government of Spain Concerning Fisheries Off the Coasts of the United States; (11) the Government of the United States and the Government of Mexico Concerning Fisheries Off the Coasts of the United States; (12) the Government of the United States and the Government of the Union of Soviet Socialist Republics referred to in par. (5), as extended until July 1, 1983, pursuant to Diplomatic Notes; (13) the American Institute in Taiwan and the Coordination Council for North American Affairs; (14) the Government of the United States and the Government of the Polish People’s Republic referred to in par. (6), as extended until July 1, 1983, pursuant to Diplomatic Notes; (15) the Government of the United States and the Government of the Union of Soviet Socialist Republics referred to in par. (5), as extended until Dec. 31, 1985, pursuant to Diplomatic Notes; (16) the Government of the United States and the Government of the Polish People’s Republic referred to in par. (6), as extended until Dec. 31, 1985, pursuant to Diplomatic Notes; and (17) the Government of the United States and the Government of the German Democratic Republic referred to in par. (4); and provided further that the agreements referred to in pars. (1) to (6) were to enter into force and effect with respect to the United States on Feb. 21, 1977, that the agreements referred to in pars. (7) to (11) were to enter into force and effect with respect to the United States on Feb. 27, 1977, that the agreements referred to in pars. (12) to (14) were to enter into force and effect with respect to the United States on July 1, 1982, that the agreements referred to in pars. (15) and (16) were to enter into force and effect with respect to the United States on July 1, 1984, and that the agreement referred to in par. (17) was to enter into force and effect with respect to the United States on July 1, 1983.
+
+Reciprocal Fisheries Agreement Between United States and CanadaPub. L. 95–6, § 5, as added Pub. L. 95–73, July 27, 1977, 91 Stat. 283; amended Pub. L. 95–314, July 1, 1978, 92 Stat. 376; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided for congressional approval of the Reciprocal Fisheries Agreement for 1978 between the Government of the United States and the Government of Canada, and that the Agreement was to be in force and effect with respect to the United States from Jan. 1, 1978, until such later date in 1978 as was to be determined pursuant to the terms of the Agreement.

legal/us/code/title-16/chapter-38/section-1825.md

@@ -0,0 +1,75 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1825"
+description: "Import prohibitions"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1825"
+citation: "16 U.S.C. § 1825"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1825"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "553ebb87ae97ec14fcb07509c804240507ce2c7dfabdecd58b8df0e7fbb0d8e9"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "9c63dc87546025d2d1726b9354c7f806df6bea6fed92abb4784146550d8d8c1a"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1825 - Import prohibitions
+
+## Text
+
+(a) Determinations by Secretary of State If the Secretary of State determines that—
+
+(1) he has been unable, within a reasonable period of time, to conclude with any foreign nation an international fishery agreement allowing fishing vessels of the United States equitable access to fisheries over which that nation asserts exclusive fishery management authority, including fisheries for tuna species, as recognized by the United States, in accordance with fishing activities of such vessels, if any, and under terms not more restrictive than those established under sections 1821(c) and (d) and 1824(b)(7) and (10) of this title, because such nation has (A) refused to commence negotiations, or (B) failed to negotiate in good faith;
+
+(2) any foreign nation is not allowing fishing vessels of the United States to engage in fishing for tuna species in accordance with an applicable international fishery agreement, whether or not such nation is a party thereto;
+
+(3) any foreign nation is not complying with its obligations under any existing international fishery agreement concerning fishing by fishing vessels of the United States in any fishery over which that nation asserts exclusive fishery management authority; or
+
+(4) any fishing vessel of the United States, while fishing in waters beyond any foreign nation’s territorial sea, to the extent that such sea is recognized by the United States, is seized by any foreign nation—
+
+(A) in violation of an applicable international fishery agreement;
+
+(B) without authorization under an agreement between the United States and such nation; or
+
+(C) as a consequence of a claim of jurisdiction which is not recognized by the United States;
+
+he shall certify such determination to the Secretary of the Treasury.
+
+(b) Prohibitions Upon receipt of any certification from the Secretary of State under subsection (a), the Secretary of the Treasury shall immediately take such action as may be necessary and appropriate to prohibit the importation into the United States—
+
+(1) of all fish and fish products from the fishery involved, if any; and
+
+(2) upon recommendation of the Secretary of State, such other fish or fish products, from any fishery of the foreign nation concerned, which the Secretary of State finds to be appropriate to carry out the purposes of this section.
+
+(c) Removal of prohibition If the Secretary of State finds that the reasons for the imposition of any import prohibition under this section no longer prevail, the Secretary of State shall notify the Secretary of the Treasury, who shall promptly remove such import prohibition.
+
+(d) Definitions As used in this section—
+
+(1) The term “fish” includes any highly migratory species.
+
+(2) The term “fish products” means any article which is produced from or composed of (in whole or in part) any fish.
+
+(Pub. L. 94–265, title II, § 205, Apr. 13, 1976, 90 Stat. 345; Pub. L. 101–627, title I, § 105(b)(1), Nov. 28, 1990, 104 Stat. 4440.)
+
+## Notes
+
+Editorial Notes
+
+Amendments1990—Subsec. (a)(1). Pub. L. 101–627, § 105(b)(1)(A), inserted “including fisheries for tuna species,” after “authority,” and struck out “traditional” after “in accordance with”. Subsec. (a)(2). Pub. L. 101–627, § 105(b)(1)(B), substituted “tuna” for “highly migratory”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 1990 AmendmentPub. L. 101–627, title I, § 105(b)(2), Nov. 28, 1990, 104 Stat. 4440, provided that: “The amendments made by this subsection [amending this section] shall take effect on January 1, 1992.”

legal/us/code/title-16/chapter-38/section-1826.md

@@ -0,0 +1,117 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1826"
+description: "Large-scale driftnet fishing"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1826"
+citation: "16 U.S.C. § 1826"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1826"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "5140e65aeeb3f0f1fc927a9466ef2f0255cee422b7c0b0bb43409a1b36925e75"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "0c14a680eff5a12f93e56cf8fa51244f26372f0953a4bec4fd68ab721158ade1"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1826 - Large-scale driftnet fishing
+
+## Text
+
+(a) Short title This section incorporates and expands upon provisions of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 and may be cited as the “Driftnet Act Amendments of 1990”.
+
+(b) Findings The Congress finds that—
+
+(1) the continued widespread use of large-scale driftnets beyond the exclusive economic zone of any nation is a destructive fishing practice that poses a threat to living marine resources of the world’s oceans, including but not limited to the North and South Pacific Ocean and the Bering Sea;
+
+(2) the use of large-scale driftnets is expanding into new regions of the world’s oceans, including the Atlantic Ocean and Caribbean Sea;
+
+(3) there is a pressing need for detailed and reliable information on the number of seabirds, sea turtles, nontarget fish, and marine mammals that become entangled and die in actively fished large-scale driftnets and in large-scale driftnets that are lost, abandoned, or discarded;
+
+(4) increased efforts, including reliable observer data and enforcement mechanisms, are needed to monitor, assess, control, and reduce the adverse impact of large-scale driftnet fishing on living marine resources;
+
+(5) the nations of the world have agreed in the United Nations, through General Assembly Resolution Numbered 44–225, approved December 22, 1989, by the General Assembly, that a moratorium should be imposed by June 30, 1992, on the use of large-scale driftnets beyond the exclusive economic zone of any nation;
+
+(6) the nations of the South Pacific have agreed to a moratorium on the use of large-scale driftnets in the South Pacific through the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, which was agreed to in Wellington, New Zealand, on November 29, 1989;
+
+(7) increasing population pressures and new knowledge of the importance of living marine resources to the health of the global ecosystem demand that greater responsibility be exercised by persons fishing or developing new fisheries beyond the exclusive economic zone of any nation; and
+
+(8) within the exclusive economic zone, large-scale driftnet fishing that deploys nets with large mesh sizes causes significant entanglement and mortality of living marine resources, including myriad protected species, despite limitations on the lengths of such nets.
+
+(c) Policy It is declared to be the policy of the Congress in this section that the United States should—
+
+(1) implement the moratorium called for by the United Nations General Assembly in Resolution Numbered 44–225;
+
+(2) support the Tarawa Declaration and the Wellington Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific;
+
+(3) secure a permanent ban on the use of destructive fishing practices, and in particular large-scale driftnets, by persons or vessels fishing beyond the exclusive economic zone of any nation; and
+
+(4) prioritize the phase out of large-scale driftnet fishing in the exclusive economic zone and promote the development and adoption of alternative fishing methods and gear types that minimize the incidental catch of living marine resources.
+
+(d) International agreements The Secretary, through the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall seek to secure international agreements to implement immediately the findings, policy, and provisions of this section, and in particular an international ban on large-scale driftnet fishing. The Secretary, through the Secretary of State, shall include, in any agreement which addresses the taking of living marine resources of the United States, provisions to ensure that—
+
+(1) each large-scale driftnet fishing vessel of a foreign nation that is party to the agreement, including vessels that may operate independently to develop new fishing areas, which operate beyond the exclusive economic zone of any nation, is included in such agreement;
+
+(2) each large-scale driftnet fishing vessel of a foreign nation that is party to the agreement, which operates beyond the exclusive economic zone of any nation, is equipped with satellite transmitters which provide real-time position information accessible to the United States;
+
+(3) statistically reliable monitoring by the United States is carried out, through the use of on-board observers or through dedicated platforms provided by foreign nations that are parties to the agreement, of all target and nontarget fish species, marine mammals, sea turtles, and sea birds entangled or killed by large-scale driftnets used by fishing vessels of foreign nations that are parties to the agreement;
+
+(4) officials of the United States have the right to board and inspect for violations of the agreement any large-scale driftnet fishing vessels operating under the flag of a foreign nation that is party to the agreement at any time while such vessel is operating in designated areas beyond the exclusive economic zone of any nation;
+
+(5) all catch landed or transshipped at sea by large-scale driftnet fishing vessels of a foreign nation that is a party to the agreement, and which are operated beyond the exclusive economic zone of any nation, is reliably monitored and documented;
+
+(6) time and area restrictions are imposed on the use of large-scale driftnets in order to prevent interception of anadromous species;
+
+(7) all large-scale driftnets used are constructed, insofar as feasible, with biodegradable materials which break into segments that do not represent a threat to living marine resources;
+
+(8) all large-scale driftnets are marked at appropriate intervals in a manner that conclusively identifies the vessel and flag nation responsible for each such driftnet;
+
+(9) the taking of nontarget fish species, marine mammals, sea turtles, seabirds, and endangered species or other species protected by international agreements to which the United States is a party is minimized and does not pose a threat to existing fisheries or the long-term health of living marine resources; and
+
+(10) definitive steps are agreed upon to ensure that parties to the agreement comply with the spirit of other international agreements and resolutions concerning the use of large-scale driftnets beyond the exclusive economic zone of any nation.
+
+(e) Effect on sovereign rights This section shall not serve or be construed to expand or diminish the sovereign rights of the United States, as stated by Presidential Proclamation Numbered 5030, dated March 10, 1983, and reflected in this chapter or other existing law.
+
+(f) “Living marine resources” defined As used in this section, the term “living marine resources” includes fish, marine mammals, sea turtles, and seabirds and other waterfowl.
+
+(i) 11 So in original. See Codification note below. Fishing gear transition program (1) In general During the 5-year period beginning on December 29, 2022, the Secretary shall conduct a transition program to facilitate the phase-out of large-scale driftnet fishing and adoption of alternative fishing practices that minimize the incidental catch of living marine resources, and shall award grants to eligible permit holders who participate in the program.
+
+(2) Permissible uses Any permit holder receiving a grant under paragraph (1) may use such funds only for the purpose of covering—
+
+(A) any fee originally associated with a permit authorizing participation in a large-scale driftnet fishery, if such permit is surrendered for permanent revocation, and such permit holder relinquishes any claim associated with the permit;
+
+(B) a forfeiture of fishing gear associated with a permit described in subparagraph (A); or
+
+(C) the purchase of alternative gear with minimal incidental catch of living marine resources, if the fishery participant is authorized to continue fishing using such alternative gears.
+
+(3) Certification The Secretary shall certify that, with respect to each participant in the program under this subsection, any permit authorizing participation in a large-scale driftnet fishery has been permanently revoked and that no new permits will be issued to authorize such fishing.
+
+(Pub. L. 94–265, title II, § 206, as added Pub. L. 95–6, § 3(1), Feb. 21, 1977, 91 Stat. 15; amended Pub. L. 99–659, title I, § 101(c)(2), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101–627, title I, § 107(a), Nov. 28, 1990, 104 Stat. 4441; Pub. L. 104–297, title I, § 105(f), Oct. 11, 1996, 110 Stat. 3569; Pub. L. 117–328, div. S, title I, §§ 103, 104, title II, § 205(b)(1)(B), Dec. 29, 2022, 136 Stat. 5259, 5270.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Driftnet Impact Monitoring, Assessment, and Control Act of 1987, referred to in subsec. (a), is title IV of Pub. L. 100–220, which is set out as a note under section 1822 of this title. Presidential Proclamation Numbered 5030, referred to in subsec. (e), is set out under section 1453 of this title. This chapter, referred to in subsec. (e), 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 Former subsecs. (g) and (h) were redesignated (e) and (f), respectively, by Pub. L. 117–328, § 205(b)(1)(B). See 2022 Amendment note below.
+
+Amendments2022—Subsec. (b)(8). Pub. L. 117–328, § 103(a), added par. (8). Subsec. (c)(4). Pub. L. 117–328, § 103(b), added par. (4). Subsecs. (e) to (h). Pub. L. 117–328, § 205(b)(1)(B), redesignated subsecs. (g) and (h) as (e) and (f), respectively, and struck out former subsecs. (e) and (f), which related, respectively, to reports and certification. Subsec. (i). Pub. L. 117–328, § 104, added subsec. (i). 1996—Subsec. (e). Pub. L. 104–297, § 105(f)(1), redesignated pars. (5) and (6) as (3) and (4), respectively, and struck out former pars. (3) and (4) which read as follows: “(3) identifying and evaluating the effectiveness of unilateral measures and multilateral measures, including sanctions, that are available to encourage nations to agree to and comply with this section, and recommendations for legislation to authorize any additional measures that are needed if those are considered ineffective; “(4) identifying, evaluating, and making any recommendations considered necessary to improve the effectiveness of the law, policy, and procedures governing enforcement of the exclusive management authority of the United States over anadromous species against fishing vessels engaged in fishing beyond the exclusive economic zone of any nation;”. Subsec. (f). Pub. L. 104–297, § 105(f)(2), substituted “subsection (e)(4)” for “subsection (e)(6)”. 1990—Pub. L. 101–627 amended section generally, substituting provisions relating to large-scale driftnet fishing for provisions relating to transitional provisions. 1986—Subsec. (b). Pub. L. 99–659 substituted “exclusive economic zone” for “fishery conservation zone”.
+
+Statutory Notes and Related Subsidiaries
+
+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.
+
+Abolition of House Committee on Merchant Marine and Fisheries Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

legal/us/code/title-16/chapter-38/section-1826a.md

@@ -0,0 +1,99 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1826a"
+description: "Denial of port privileges and sanctions for high seas large-scale driftnet fishing"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1826a"
+citation: "16 U.S.C. § 1826a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1826a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "cba296557665d55bce2576249dc7b31bcc92762536c1254e13b23e70a9e044ee"
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+text_hash: "22b35109a4d569ddc57b75d95f45ab9ef25b76cc990ad46f239cd405b9c74b35"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1826a - Denial of port privileges and sanctions for high seas large-scale driftnet fishing
+
+## Text
+
+(a) Denial of port privileges (1) Publication of list Not later than 30 days after November 2, 1992, and periodically thereafter, the Secretary of Commerce, in consultation with the Secretary of State, shall publish a list of nations whose nationals or vessels conduct large-scale driftnet fishing beyond the exclusive economic zone of any nation.
+
+(2) Denial of port privileges The Secretary of Homeland Security shall, in accordance with international law—
+
+(A) withhold or revoke the clearance required by section 60105 of title 46 for any large-scale driftnet fishing vessel of a nation that receives a negative certification under section 1826j(d) or 1826k(c) of this title, or fishing vessels of a nation that has been listed pursuant to section 1826j(b) of this title or section 1826k(a) of this title in 2 or more consecutive reports for the same type of fisheries activity, as described under section 1826h of this title, until a positive certification has been received;
+
+(B) withhold or revoke the clearance required by section 60105 of title 46 for fishing vessels of a nation that has been listed pursuant to section 1826j(a) or 1826k(a) of this title in 2 or more consecutive reports as described under section 1826h of this title; and
+
+(C) deny entry of that vessel to any place in the United States and to the navigable waters of the United States, except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action.
+
+(3) Notification of nation Before the publication of a list of nations under paragraph (1), the Secretary of State shall notify each nation included on that list regarding—
+
+(A) the effect of that publication on port privileges of vessels of that nation under paragraph (1); and
+
+(B) any sanctions or requirements, under this Act or any other law, that may be imposed on that nation if nationals or vessels of that nation continue to conduct large-scale driftnet fishing beyond the exclusive economic zone of any nation after December 31, 1992.
+
+(b) Sanctions (1) Identifications (A) Initial identifications Not later than January 10, 1993, the Secretary of Commerce shall—
+
+(i) identify each nation whose nationals or vessels are conducting large-scale driftnet fishing beyond the exclusive economic zone of any nation; and
+
+(ii) notify the President and that nation of the identification under clause (i).
+
+(B) Additional identifications At any time after January 10, 1993, whenever the Secretary of Commerce has reason to believe that the nationals or vessels of any nation are conducting large-scale driftnet fishing beyond the exclusive economic zone of any nation, the Secretary of Commerce shall—
+
+(i) identify that nation; and
+
+(ii) notify the President and that nation of the identification under clause (i).
+
+(2) Consultations Not later than 30 days after a nation is identified under paragraph (1)(B), the President shall enter into consultations with the government of that nation for the purpose of obtaining an agreement that will effect the immediate termination of large-scale driftnet fishing by the nationals or vessels of that nation beyond the exclusive economic zone of any nation.
+
+(3) Prohibition on imports of fish and fish products and sport fishing equipment (A) Prohibition The President—
+
+(i) upon receipt of notification of the identification of a nation under paragraph (1)(A) or a negative certification under section 1826j(d) of this title or section 1826k(c) of this title; or
+
+(ii) if the consultations with the government of a nation under paragraph (2) are not satisfactorily concluded within ninety days, shall direct the Secretary of the Treasury to prohibit the importation into the United States of fish and fish products and sport fishing equipment (as that term is defined in section 4162 of title 26) from that nation.
+
+(B) Implementation of prohibition With respect to an import prohibition directed under subparagraph (A), the Secretary of the Treasury shall implement such prohibition not later than the date that is forty-five days after the date on which the Secretary has received the direction from the President.
+
+(C) Public notice of prohibition Before the effective date of any import prohibition under this paragraph, the Secretary of the Treasury shall provide public notice of the impending prohibition.
+
+(4) Additional economic sanctions (A) Determination of effectiveness of sanctions Not later than six months after the date the Secretary of Commerce identifies a nation under paragraph (1) or issues a negative certification under section 1826j(d) of this title or section 1826k(c) of this title, the Secretary shall determine whether—
+
+(i) any prohibition established under paragraph (3) is insufficient to cause that nation to terminate large-scale driftnet fishing conducted by its nationals and vessels beyond the exclusive economic zone of any nation, or to address the offending activities for which a nation received a negative certification under section 1826j(d) or 1826k(c) of this title; or
+
+(ii) that nation has retaliated against the United States as a result of that prohibition.
+
+(B) Certification The Secretary of Commerce shall certify to the President each affirmative determination under subparagraph (A) with respect to a nation.
+
+(C) Effect of certification Certification by the Secretary of Commerce under subparagraph (B) is deemed to be a certification under section 1978(a) of title 22.
+
+(Pub. L. 102–582, title I, § 101, Nov. 2, 1992, 106 Stat. 4901; Pub. L. 109–479, title IV, § 403(b)(1), Jan. 12, 2007, 120 Stat. 3632; Pub. L. 114–81, title I, § 102(a), Nov. 5, 2015, 129 Stat. 656; Pub. L. 117–263, div. K, title CXIII, § 11336, Dec. 23, 2022, 136 Stat. 4101.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis Act, referred to in subsec. (a)(3)(B), is Pub. L. 102–582, Nov. 2, 1992, 106 Stat. 4900, known as the High Seas Driftnet Fisheries Enforcement Act, which enacted sections 1826a to 1826c of this title and section 1707a of the former Appendix to Title 46, Shipping, amended sections 1362, 1371, 1852, and 1862 of this title, section 1978 of Title 22, Foreign Relations and Intercourse, and section 2110 of Title 46, repealed section 1111c of the former Appendix to Title 46, and enacted provisions set out as notes under this section and sections 1801, 1823, and 1861 of this title and section 2110 of Title 46. For complete classification of this Act to the Code, see Short Title of 1992 Amendments note set out under section 1801 of this title and Tables.
+
+Codification Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Amendments2022—Subsec. (a)(2). Pub. L. 117–263 amended par. (2) generally. Prior to amendment, text read as follows: “The Secretary of the Treasury shall, in accordance with international law— “(A) withhold or revoke the clearance required by section 60105 of title 46 for any large-scale driftnet fishing vessel that is documented under the laws of the United States or of a nation included on a list published under paragraph (1) or, as appropriate, for fishing vessels of a nation that receives a negative certification under section 1826j(d) of this title or section 1826k(c) of this title; and “(B) deny entry of that vessel to any place in the United States and to the navigable waters of the United States, except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action.” 2015—Subsec. (a)(2). Pub. L. 114–81, § 102(a)(1), struck out “recognized principles of” after “in accordance with” in introductory provisions. Subsec. (a)(2)(A). Pub. L. 114–81, § 102(a)(2), inserted “or, as appropriate, for fishing vessels of a nation that receives a negative certification under section 1826j(d) of this title or section 1826k(c) of this title” after “paragraph (1)”. Subsec. (a)(2)(B). Pub. L. 114–81, § 102(a)(3), inserted before period at end “, except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action”. Subsec. (b)(1)(A)(i). Pub. L. 114–81, § 102(a)(4), struck out “or illegal, unreported, or unregulated fishing” after “driftnet fishing”. Subsec. (b)(1)(B), (2). Pub. L. 114–81, § 102(a)(5), struck out “or illegal, unreported, or unregulated fishing” after “driftnet fishing”. Subsec. (b)(3)(A)(i). Pub. L. 114–81, § 102(a)(6), inserted “or a negative certification under section 1826j(d) of this title or section 1826k(c) of this title” after “paragraph (1)(A)”. Subsec. (b)(4)(A). Pub. L. 114–81, § 102(a)(7), inserted “or issues a negative certification under section 1826j(d) of this title or section 1826k(c) of this title” after “paragraph (1)” in introductory provisions. Subsec. (b)(4)(A)(i). Pub. L. 114–81, § 102(a)(8), (9), struck out “or illegal, unreported, or unregulated fishing” after “driftnet fishing” and inserted “, or to address the offending activities for which a nation received a negative certification under section 1826j(d) or 1826k(c) of this title” after “beyond the exclusive economic zone of any nation”. 2007—Subsec. (b)(1)(A)(i), (B), (2), (4)(A)(i). Pub. L. 109–479 inserted “or illegal, unreported, or unregulated fishing” after “driftnet fishing”.
+
+Statutory Notes and Related Subsidiaries
+
+RegulationsPub. L. 117–263, div. K, title CXIII, § 11341, Dec. 23, 2022, 136 Stat. 4105, provided that: “Not later than 1 year after the date of enactment of this Act [Dec. 23, 2022], the Secretary shall promulgate such regulations as may be necessary to carry out this subtitle [subtitle E (§§ 11329–11341) of title CXIII of div. K of Pub. L. 117–263, see Tables for classification] and the amendments made by this subtitle.” [For definition of “Secretary” as used in section 11341 of Pub. L. 117–263, set out above, see section 11329 of Pub. L. 117–263, set out as a note under section 1885a of this title.]
+
+High Seas Driftnet Fisheries Enforcement; Congressional Statement of Findings and PolicyPub. L. 102–582, § 2, Nov. 2, 1992, 106 Stat. 4900, 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, provided that: “(a) Findings.—Congress makes the following findings:“(1) Large-scale driftnet fishing on the high seas is highly destructive to the living marine resources and ocean ecosystems of the world’s oceans, including anadromous fish and other living marine resources of the United States. “(2) The cumulative effects of large-scale driftnet fishing pose a significant threat to the marine ecosystem, and slow-reproducing species like marine mammals, sharks, and seabirds may require many years to recover. “(3) Members of the international community have reviewed the best available scientific data on the impacts of large-scale pelagic driftnet fishing, and have failed to conclude that this practice has no significant adverse impacts which threaten the conservation and sustainable management of living marine resources. “(4) The United Nations, via General Assembly Resolutions numbered 44–225, 45–197, and most recently 46–215 (adopted on December 20, 1991), has called for a worldwide moratorium on all high seas driftnet fishing by December 31, 1992, in all the world’s oceans, including enclosed seas and semi-enclosed seas. “(5) The United Nations has commended the unilateral, regional, and international efforts undertaken by members of the international community and international organizations to implement and support the objectives of the General Assembly resolutions. “(6) Operative paragraph (4) of United Nations General Assembly Resolution numbered 46–215 specifically ‘encourages all members of the international community to take measures individually and collectively to prevent large-scale pelagic driftnet fishing operations on the high seas of the world’s oceans and seas’. “(7) The United States, in section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(M)), has specifically prohibited the practice of large-scale driftnet fishing by United States nationals and vessels both within the exclusive economic zone of the United States and beyond the exclusive economic zone of any nation. “(8) The Senate, through Senate Resolution 396 of the One Hundredth Congress (approved on March 18, 1988), has called for a moratorium on fishing in the Central Bering Sea and the United States has taken concrete steps to implement such moratorium through international negotiations. “(9) Despite the continued evidence of a decline in the fishery resources of the Bering Sea and the multiyear cooperative negotiations undertaken by the United States, the Russian Federation, Japan, and other concerned fishing nations, some nations refuse to agree to measures to reduce or eliminate unregulated fishing practices in the waters of the Bering Sea beyond the exclusive economic zones of the United States and the Russian Federation. “(10) In order to ensure that the global moratorium on large-scale driftnet fishing called for in United Nations General Assembly Resolution numbered 46–215 takes effect by December 31, 1992, and that unregulated fishing practices in the waters of the Central Bering Sea are reduced or eliminated, the United States should take the actions described in this Act [see Short Title of 1992 Amendments note set out under section 1801 of this title] and encourage other nations to take similar action. “(b) Policy.—It is the stated policy of the United States to—“(1) implement United Nations General Assembly Resolution numbered 46–215, approved unanimously on December 20, 1991, which calls for an immediate cessation to further expansion of large-scale driftnet fishing, a 50 percent reduction in existing large-scale driftnet fishing effort by June 30, 1992, and a global moratorium on the use of large-scale driftnets beyond the exclusive economic zone of any nation by December 31, 1992; “(2) bring about a moratorium on fishing in the Central Bering Sea, or an international conservation and management agreement to which the United States and the Russian Federation are parties that regulates fishing in the Central Bering Sea; and “(3) secure a permanent ban on the use of destructive fishing practices, and in particular large-scale driftnets, by persons or vessels fishing beyond the exclusive economic zone of any nation.”

legal/us/code/title-16/chapter-38/section-1826b.md

@@ -0,0 +1,43 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1826b"
+description: "Duration of denial of port privileges and sanctions"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1826b"
+citation: "16 U.S.C. § 1826b"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1826b"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "1c8bae87281d1fd34267cddc27edf84613202879cd79b646fd1bf03bbdb80b60"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1826b - Duration of denial of port privileges and sanctions
+
+## Text
+
+Any denial of port privileges or sanction under section 1826a of this title with respect to a nation shall remain in effect until such time as the Secretary of Commerce certifies to the President and the Congress that such nation has terminated large-scale driftnet fishing by its nationals and vessels beyond the exclusive economic zone of any nation or effectively addressed the offending activities for which the nation received a negative certification under 1826j(d) 11 So in original. Probably should be preceded by “section”. or 1826k(c) of this title.
+
+(Pub. L. 102–582, title I, § 102, Nov. 2, 1992, 106 Stat. 4903; Pub. L. 109–479, title IV, § 403(b)(2), Jan. 12, 2007, 120 Stat. 3632; Pub. L. 114–81, title I, § 102(b), Nov. 5, 2015, 129 Stat. 656.)
+
+## Notes
+
+Editorial Notes
+
+Codification Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Amendments2015—Pub. L. 114–81 struck out “or illegal, unreported, or unregulated fishing” after “driftnet fishing” and inserted “or effectively addressed the offending activities for which the nation received a negative certification under 1826j(d) or 1826j(c) of this title” before period at end. 2007—Pub. L. 109–479 inserted “or illegal, unreported, or unregulated fishing” after “driftnet fishing”.

legal/us/code/title-16/chapter-38/section-1826c.md

@@ -0,0 +1,55 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1826c"
+description: "Definitions"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1826c"
+citation: "16 U.S.C. § 1826c"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1826c"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "91c061ff1848ea04c2591fded283dfff729009de374bdc97a0fe22ef1d04ffa5"
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+text_hash: "89f4c4bc2c3e42cb0eb9ad12c94890c25e3ca4ae84ecad1b689e2e92b7e58412"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1826c - Definitions
+
+## Text
+
+In sections 1826a to 1826c of this title, the following definitions apply:
+
+(1) Fish and fish products The term “fish and fish products” means any aquatic species (including marine mammals and plants) and all products thereof exported from a nation, whether or not taken by fishing vessels of that nation or packed, processed, or otherwise prepared for export in that nation or within the jurisdiction thereof.
+
+(2) Large-scale driftnet fishing (A) In general Except as provided in subparagraph (B), the term “large-scale driftnet fishing” means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing.
+
+(B) Exception Until January 1, 1994, the term “large-scale driftnet fishing” does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by the European Community pursuant to the October 28, 1991, decision by the Council of Fisheries Ministers of the Community.
+
+(3) Large-scale driftnet fishing vessel The term “large-scale driftnet fishing vessel” means any vessel which is—
+
+(A) used for, equipped to be used for, or of a type which is normally used for large-scale driftnet fishing; or
+
+(B) used for aiding or assisting one or more vessels at sea in the performance of large-scale driftnet fishing, including preparation, supply, storage, refrigeration, transportation, or processing.
+
+(Pub. L. 102–582, title I, § 104, Nov. 2, 1992, 106 Stat. 4903.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSections 1826a to 1826c of this title, referred to in text, was in the original “this title”, meaning title I of Pub. L. 102–582, Nov. 2, 1992, 106 Stat. 4901, which enacted sections 1826a to 1826c of this title and amended section 1371 of this title. For complete classification of title I to the Code, see Tables.
+
+Codification Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

legal/us/code/title-16/chapter-38/section-1826d.md

@@ -0,0 +1,45 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1826d"
+description: "Prohibition"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1826d"
+citation: "16 U.S.C. § 1826d"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1826d"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "b6b87dc29df977eb3092763646bad3ca3251d24500f8721b1bd14315c386af90"
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+text_hash: "cf97476fe714273dc45c72b18333c4ac7658710b87d4cc255c5151b9f642385d"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1826d - Prohibition
+
+## Text
+
+The United States, or any agency or official acting on behalf of the United States, may not enter into any international agreement with respect to the conservation and management of living marine resources or the use of the high seas by fishing vessels that would prevent full implementation of the global moratorium on large-scale driftnet fishing on the high seas, as such moratorium is expressed in Resolution 46/215 of the United Nations General Assembly.
+
+(Pub. L. 104–43, title VI, § 603, Nov. 3, 1995, 109 Stat. 392.)
+
+## Notes
+
+Editorial Notes
+
+Codification Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Statutory Notes and Related Subsidiaries
+
+Congressional FindingsPub. L. 104–43, title VI, § 602, Nov. 3, 1995, 109 Stat. 391, provided that: “The Congress finds that— “(1) Congress has enacted and the President has signed into law numerous Acts to control or prohibit large-scale driftnet fishing both within the jurisdiction of the United States and beyond the exclusive economic zone of any nation, including the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (title IV, Public Law 100–220) [16 U.S.C. 1822 note], the Driftnet Act Amendments of 1990 (Public Law 101–627) [16 U.S.C. 1826], and the High Seas Driftnet Fisheries Enforcement Act (title I, Public Law 102–582) [see Short Title of 1992 Amendment note set out under section 1801 of this title]; “(2) the United States is a party to the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, also known as the Wellington Convention; “(3) the General Assembly of the United Nations has adopted three resolutions and three decisions which established and reaffirm a global moratorium on large-scale driftnet fishing on the high seas, beginning with Resolution 44/225 in 1989 and most recently in Decision 48/445 in 1993; “(4) the General Assembly of the United Nations adopted these resolutions and decisions at the request of the United States and other concerned nations; “(5) the best scientific information demonstrates the wastefulness and potentially destructive impacts of large-scale driftnet fishing on living marine resources and seabirds; and “(6) Resolution 46/215 of the United Nations General Assembly calls on all nations, both individually and collectively, to prevent large-scale driftnet fishing on the high seas.”

legal/us/code/title-16/chapter-38/section-1826e.md

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+---
+type: "LegalText"
+title: "16 U.S.C. § 1826e"
+description: "Negotiations"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1826e"
+citation: "16 U.S.C. § 1826e"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1826e"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "01c7ee6d360fb4d9e061fc09ef076a4f44878eeab1c1fa5fb5aec30067f3987b"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "bf030c4596d5a2cdcdd5008280825d67b3c95f56b205825f322f010d950a9785"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1826e - Negotiations
+
+## Text
+
+The Secretary of State, on behalf of the United States, shall seek to enhance the implementation and effectiveness of the United Nations General Assembly resolutions and decisions regarding the moratorium on large-scale driftnet fishing on the high seas through appropriate international agreements and organizations.
+
+(Pub. L. 104–43, title VI, § 604, Nov. 3, 1995, 109 Stat. 392.)
+
+## Notes
+
+Editorial Notes
+
+Codification Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

legal/us/code/title-16/chapter-38/section-1826f.md

@@ -0,0 +1,41 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1826f"
+description: "Certification"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1826f"
+citation: "16 U.S.C. § 1826f"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1826f"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "735299e061b1df7a35dc792eb0ac768cc4e36fbefef9885d8822e1cffcf66bd4"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "3c795bfd380d225282ae23891fdf929e584c4cd86689a8b95fe73a90b0914103"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1826f - Certification
+
+## Text
+
+The Secretary of State shall determine in writing prior to the signing or provisional application by the United States of any international agreement with respect to the conservation and management of living marine resources or the use of the high seas by fishing vessels that the prohibition contained in section 1826d of this title will not be violated if such agreement is signed or provisionally applied.
+
+(Pub. L. 104–43, title VI, § 605, Nov. 3, 1995, 109 Stat. 392.)
+
+## Notes
+
+Editorial Notes
+
+Codification Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

legal/us/code/title-16/chapter-38/section-1826g.md

@@ -0,0 +1,121 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1826g"
+description: "Enforcement"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1826g"
+citation: "16 U.S.C. § 1826g"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1826g"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "bdb6fecdeadd452ffb511e85db850075f57b48792c2a0065bf020ec207812f95"
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+text_hash: "c802629ddb5bb5f172e06fdf928a84e9810243e3ae122ea612f431f8172f0d9f"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1826g - Enforcement
+
+## Text
+
+(a) In general The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce this Act, and the Acts to which this section applies, in accordance with this section. Each such Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal agency, and of any State agency, in the performance of such duties.
+
+(b) Acts to which section applies This section applies to—
+
+(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et seq.);
+
+(2) the Dolphin Protection Consumer Information Act (16 U.S.C. 1385);
+
+(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.);
+
+(4) the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5001 et seq.);
+
+(5) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.);
+
+(6) the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.);
+
+(7) the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.);
+
+(8) the Antigua Convention Implementing Act of 2015; and
+
+(9) the Ensuring Access to Pacific Fisheries Act.
+
+(c) Administration and enforcement (1) In general The Secretary shall prevent any person from violating this Act, or any Act to which this section applies, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of and applicable to this Act and each such Act.
+
+(2) International cooperation The Secretary may, subject to appropriations and in the course of carrying out the Secretary’s responsibilities under the Acts to which this section applies, engage in international cooperation to help other nations combat illegal, unreported, and unregulated fishing and achieve sustainable fisheries.
+
+(d) Special rules (1) Additional enforcement authority In addition to the powers of officers authorized pursuant to subsection (c), any officer who is authorized by the Secretary, or the head of any Federal or State agency that has entered into an agreement with the Secretary under subsection (a), may enforce the provisions of any Act to which this section applies, with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861) were incorporated into and made a part of each such Act.
+
+(2) Disclosure of enforcement information (A) In general The Secretary, subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a), may disclose, as necessary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.) or the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.) or other statutes implementing international fishery agreements, to any other Federal or State government agency, the Food and Agriculture Organization of the United Nations, the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement, or a foreign government, if—
+
+(i) such government, organization, or arrangement has policies and procedures to protect such information from unintended or unauthorized disclosure; and
+
+(ii) such disclosure is necessary—
+
+(I) to ensure compliance with any law or regulation enforced or administered by the Secretary;
+
+(II) to administer or enforce any international fishery agreement to which the United States is a party;
+
+(III) to administer or enforce a binding conservation measure adopted by any international organization or arrangement to which the United States is a party;
+
+(IV) to assist in any investigative, judicial, or administrative enforcement proceeding in the United States; or
+
+(V) to assist in any law enforcement action undertaken by a law enforcement agency of a foreign government, or in relation to a legal proceeding undertaken by a foreign government to the extent the enforcement action is consistent with rules and regulations of a regional fisheries management organization (as that term is defined by the United Nation’s 11 So in original. Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the United States is a member, or the Secretary has determined that the enforcement action is consistent with the requirements under Federal law for enforcement actions with respect to illegal, unreported, and unregulated fishing.
+
+(B) Data confidentiality provisions not applicable The data confidentiality provisions of section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a) shall not apply with respect to this Act with respect to—
+
+(i) any obligation of the United States to share information under a regional fisheries management organization (as that term is defined by the United Nation’s 1 Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the United States is a member; or
+
+(ii) any information collected by the Secretary regarding foreign vessels.
+
+(e) Prohibited acts It is unlawful for any person—
+
+(1) to violate any provision of this Act or any regulation or permit issued pursuant to this Act;
+
+(2) to refuse to permit any officer authorized to enforce the provisions of this Act to board, search, or inspect a vessel, subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act, any regulation promulgated under this Act, or any Act to which this section applies;
+
+(3) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection described in paragraph (2);
+
+(4) to resist a lawful arrest for any act prohibited by this section or any Act to which this section applies;
+
+(5) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by this section or any Act to which this section applies; or
+
+(6) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with—
+
+(A) any observer on a vessel under this Act or any Act to which this section applies; or
+
+(B) any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this Act or any Act to which this section applies.
+
+(f) Civil penalty Any person who commits any act that is unlawful under subsection (e) shall be liable to the United States for a civil penalty, and may be subject to a permit sanction, under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858).
+
+(g) Criminal penalty Any person who commits an act that is unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is deemed to be guilty of an offense punishable under section 309(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1859(b)).
+
+(h) Utilization of Federal agency assets The President shall utilize appropriate assets of the Department of Defense, the United States Coast Guard, and other Federal agencies to detect, monitor, and prevent violations of the United Nations moratorium on large-scale driftnet fishing on the high seas for all fisheries under the jurisdiction of the United States and, in the case of fisheries not under the jurisdiction of the United States, to the fullest extent permitted under international law.
+
+(Pub. L. 104–43, title VI, § 606, Nov. 3, 1995, 109 Stat. 392; Pub. L. 114–81, title I, § 101(a)(1), Nov. 5, 2015, 129 Stat. 650; Pub. L. 114–327, title IV, § 401(a), Dec. 16, 2016, 130 Stat. 1994.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis Act, referred to in subsecs. (a), (c)(1), (d)(2)(B), and (e)(1), (2), and (6), probably means title VI of Pub. L. 104–43, Nov. 3, 1995, 109 Stat. 391, known as the High Seas Driftnet Fishing Moratorium Protection Act, which is classified generally to sections 1826d to 1826k of this title. For complete classification of title VI to the Code, see Short Title of 1995 Amendment note set out under section 1801 of this title and Tables. The Pacific Salmon Treaty Act of 1985, referred to in subsec. (b)(1), is Pub. L. 99–5, Mar. 15, 1985, 99 Stat. 7, which is classified generally to chapter 56A (§ 3631 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3631 of this title and Tables. The Dolphin Protection Consumer Information Act, referred to in subsec. (b)(2), is Pub. L. 101–627, title IX, § 901, Nov. 28, 1990, 104 Stat. 4465, which is classified to section 1385 of this title. For complete classification of this Act to the Code, see Tables. The Tuna Conventions Act of 1950, referred to in subsec. (b)(3), is act Sept. 7, 1950, ch. 907, 64 Stat. 777, which is classified generally to chapter 16 (§ 951 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 951 of this title and Tables. The North Pacific Anadromous Stocks Act of 1992, referred to in subsec. (b)(4), is Pub. L. 102–567, title VIII, Oct. 29, 1992, 106 Stat. 4309, which is classified generally to chapter 70 (§ 5001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5001 of this title and Tables. The Atlantic Tunas Convention Act of 1975, referred to in subsecs. (b)(5) and (d)(2)(A), is Pub. L. 94–70, Aug. 5, 1975, 89 Stat. 385, which is classified generally to chapter 16A (§ 971 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 971 of this title and Tables. The Northwest Atlantic Fisheries Convention Act of 1995, referred to in subsec. (b)(6), is Pub. L. 104–43, title II, Nov. 3, 1995, 109 Stat. 377, which is classified generally to chapter 76 (§ 5601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of this title and Tables. The Western and Central Pacific Fisheries Convention Implementation Act, referred to in subsecs. (b)(7) and (d)(2)(A), is Pub. L. 109–479, title V, Jan. 12, 2007, 120 Stat. 3635, which is classified generally to chapter 88 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. The Antigua Convention Implementing Act of 2015, referred to in subsec. (b)(8), is Pub. L. 114–81, title II, Nov. 5, 2015, 129 Stat. 660. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 951 of this title and Tables. The Ensuring Access to Pacific Fisheries Act, referred to in subsec. (b)(9), is Pub. L. 114–327, Dec. 16, 2016, 130 Stat. 1974. For complete classification of this Act to the Code, see Short Title note set out under section 7701 of this title and Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (d)(2)(A), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
+
+Codification Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Amendments2016—Subsec. (b)(9). Pub. L. 114–327 added par. (9). 2015—Pub. L. 114–81 designated existing provisions as subsec. (h), inserted heading, and added subsecs. (a) to (g).
+
+Statutory Notes and Related Subsidiaries
+
+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.

legal/us/code/title-16/chapter-38/section-1826h.md

@@ -0,0 +1,67 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1826h"
+description: "Biennial report on international compliance"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1826h"
+citation: "16 U.S.C. § 1826h"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1826h"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "f3aef00c09e21166bd7bdc7e1805512abe3081ae271fd7dc3f1db69251303b81"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "7c144a3919366225410005f5a213c4111185e5663a09cfe7457552ade75f9d18"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1826h - Biennial report on international compliance
+
+## Text
+
+(a) In general The Secretary, in consultation with the Secretary of State, shall provide to Congress, by not later than 2 years after January 12, 2007, and every 2 years thereafter, on June 1 of that year a report that includes—
+
+(1) the state of knowledge on the status of international living marine resources shared by the United States or subject to treaties or agreements to which the United States is a party, including a list of all such fish stocks classified as overfished, overexploited, depleted, endangered, or threatened with extinction by any international or other authority charged with management or conservation of living marine resources;
+
+(2) a list of nations that have been identified under section 1826j(a) or 1826k(a) of this title, including the specific offending activities and any subsequent actions taken pursuant to section 1826j or 1826k of this title;
+
+(3) a description of efforts taken by nations on those lists to comply take appropriate corrective action consistent with sections 1826j and 1826k of this title, and an evaluation of the progress of those efforts, including steps taken by the United States to implement those sections and to improve international compliance;
+
+(4) progress at the international level, consistent with section 1826i of this title, to strengthen the efforts of international fishery management organizations to end illegal, unreported, or unregulated fishing; and
+
+(5) steps taken by the Secretary at the international level to adopt international measures comparable to those of the United States to reduce impacts of fishing and other practices on protected living marine resources, if no international agreement to achieve such goal exists, or if the relevant international fishery or conservation organization has failed to implement effective measures to end or reduce the adverse impacts of fishing practices on such species.
+
+(b) Additional information In addition to the information described in paragraphs (1) through (5) of subsection (a), the report shall include—
+
+(1) a description of the actions taken to carry out the provisions of section 1826 of this title, including—
+
+(A) an evaluation of the progress of those efforts, the impacts on living marine resources, including available observer data, and specific plans for further action;
+
+(B) a list and description of any new fisheries developed by nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation; and
+
+(C) a list of the nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation in a manner that diminishes the effectiveness of or is inconsistent with any international agreement governing large-scale driftnet fishing to which the United States is a party or otherwise subscribes; and
+
+(2) a description of the actions taken to carry out the provisions of section 1822(h) of this title.
+
+(c) Certification If, at any time, the Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, identifies any nation that warrants inclusion in the list described under subsection (b)(1)(C), due to large scale drift net fishing, the Secretary shall certify that fact to the President. Such certification shall be deemed to be a certification for the purposes of section 1978(a) of title 22.
+
+(Pub. L. 104–43, title VI, § 607, as added Pub. L. 109–479, title IV, § 403(a), Jan. 12, 2007, 120 Stat. 3626; amended Pub. L. 114–81, title I, § 101(i)(1), Nov. 5, 2015, 129 Stat. 655; Pub. L. 114–327, title IV, § 401(b), Dec. 16, 2016, 130 Stat. 1994; Pub. L. 117–328, div. S, title II, § 205(b)(2), Dec. 29, 2022, 136 Stat. 5270.)
+
+## Notes
+
+Editorial Notes
+
+Codification Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Amendments2022—Pub. L. 117–328, § 205(b)(2), designated existing provisions as subsec. (a), inserted heading, added subsecs. (b) and (c), and realigned margins. 2016—Pub. L. 114–327, in introductory provisions, inserted “on June 1 of that year” after “every 2 years thereafter,”. 2015—Par. (2). Pub. L. 114–81 substituted “that” for “whose vessels”.

legal/us/code/title-16/chapter-38/section-1826i.md

@@ -0,0 +1,95 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1826i"
+description: "Action to strengthen international fishery management organizations"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1826i"
+citation: "16 U.S.C. § 1826i"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1826i"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "d9e5da918c36dc73f7bfc4a43e09092cac6d914d1d73346542b210a920f425be"
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+text_hash: "21f9e490a468f4285587dd8336c6a4ea6df57c4ea9fd7d30cd9b7fca59774547"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1826i - Action to strengthen international fishery management organizations
+
+## Text
+
+(a) In general The Secretary, in consultation with the Secretary of State, and in cooperation with relevant fishery management councils and any relevant advisory committees, shall take actions to improve the effectiveness of international fishery management organizations, or arrangements made pursuant to an international fishery agreement, in conserving and managing fish stocks under their jurisdiction. These actions shall include—
+
+(1) urging international fishery management organizations to which the United States is a member—
+
+(A) to incorporate multilateral market-related measures against member or nonmember governments whose vessels engage in illegal, unreported, or unregulated fishing;
+
+(B) to seek adoption of lists that identify fishing vessels and vessel owners engaged in illegal, unreported, or unregulated fishing that can be shared among all members and other international fishery management organizations;
+
+(C) to seek international adoption of a centralized vessel monitoring system in order to monitor and document capacity in fleets of all nations involved in fishing in areas under an international fishery management organization’s jurisdiction;
+
+(D) to increase use of observers and technologies needed to monitor compliance with conservation and management measures established by the organization, including vessel monitoring systems and automatic identification systems;
+
+(E) to seek adoption of stronger port state controls in all nations, particularly those nations in whose ports vessels engaged in illegal, unreported, or unregulated fishing land or transship fish; and
+
+(F) to adopt shark conservation measures, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at sea;
+
+(2) urging international fishery management organizations to which the United States is a member, as well as all members of those organizations, to adopt and expand the use of market-related measures to combat illegal, unreported, or unregulated fishing, including—
+
+(A) import prohibitions, landing restrictions, or other market-based measures needed to enforce compliance with international fishery management organization measures, such as quotas and catch limits;
+
+(B) import restrictions or other market-based measures to prevent the trade or importation of fish caught by vessels identified multilaterally as engaging in illegal, unreported, or unregulated fishing; and
+
+(C) catch documentation and certification schemes to improve tracking and identification of catch of vessels engaged in illegal, unreported, or unregulated fishing, including advance transmission of catch documents to ports of entry;
+
+(3) seeking to enter into international agreements that require measures for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at sea, that are comparable to those of the United States, taking into account different conditions; and
+
+(4) urging other nations at bilateral, regional, and international levels, including the Convention on International Trade in Endangered Species of Fauna and Flora and the World Trade Organization to take all steps necessary, consistent with international law, to adopt measures and policies that will prevent fish or other living marine resources harvested by vessels engaged in illegal, unreported, or unregulated fishing from being traded or imported into their nation or territories.
+
+(b) Disclosure of information (1) In general The Secretary, subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a) except as provided in paragraph (2), may disclose, as necessary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.), the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), any other statute implementing an international fishery agreement, to any other Federal or State government agency, the Food and Agriculture Organization of the United Nations, or the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement, if such government, organization, or arrangement, respectively, has policies and procedures to protect such information from unintended or unauthorized disclosure.
+
+(2) Exceptions The data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a) shall not apply with respect to this Act—
+
+(A) for obligations of the United States to share information under a regional fisheries management organization (as that term is defined by the United Nation’s 11 So in original. Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the United States is a member; or
+
+(B) to any information collected by the Secretary regarding foreign vessels.
+
+(c) IUU vessel lists The Secretary may—
+
+(1) develop, maintain, and make public a list of vessels and vessel owners engaged in illegal, unreported, or unregulated fishing or fishing-related activities in support of illegal, unreported, or unregulated fishing, including vessels or vessel owners identified by an international fishery management organization or arrangement made pursuant to an international fishery agreement, that—
+
+(A) the United States is party to; or
+
+(B) the United States is not party to, but whose procedures and criteria in developing and maintaining a list of such vessels and vessel owners are substantially similar to such procedures and criteria adopted pursuant to an international fishery agreement to which the United States is a party; and
+
+(2) take appropriate action against listed vessels and vessel owners, including action against fish, fish parts, or fish products from such vessels, in accordance with applicable United States law and consistent with applicable international law, including principles, rights, and obligations established in applicable international fishery management agreements and trade agreements.
+
+(d) Regulations The Secretary may promulgate regulations to implement this section.
+
+(Pub. L. 104–43, title VI, § 608, as added Pub. L. 109–479, title IV, § 403(a), Jan. 12, 2007, 120 Stat. 3627; amended Pub. L. 111–348, title I, § 102(a), Jan. 4, 2011, 124 Stat. 3668; Pub. L. 114–81, title I, § 101(b), Nov. 5, 2015, 129 Stat. 653.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(1), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. The Atlantic Tunas Convention Act of 1975, referred to in subsec. (b)(1), is Pub. L. 94–70, Aug. 5, 1975, 89 Stat. 385, which is classified generally to chapter 16A (§ 971 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 971 of this title and Tables. The Western and Central Pacific Fisheries Convention Implementation Act, referred to in subsec. (b)(1), is Pub. L. 109–479, title V, Jan. 12, 2007, 120 Stat. 3635, which is classified generally to chapter 88 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. This Act, referred to in subsec. (b)(2), probably means title VI of Pub. L. 104–43, Nov. 3, 1995, 109 Stat. 391, known as the High Seas Driftnet Fishing Moratorium Protection Act, which is classified generally to sections 1826d to 1826k of this title. For complete classification of title VI to the Code, see Short Title of 1995 Amendment note set out under section 1801 of this title and Tables.
+
+Codification Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Amendments2015—Pub. L. 114–81 designated existing provisions as subsec. (a), inserted heading and “, or arrangements made pursuant to an international fishery agreement,” after “organizations” in introductory provisions, and added subsecs. (b) to (d). 2011—Par. (1)(F). Pub. L. 111–348, § 102(a)(1), added subpar. (F). Par. (2)(C). Pub. L. 111–348, § 102(a)(2), struck out “and” at end. Par. (3). Pub. L. 111–348, § 102(a)(4), added par. (3). Former par. (3) redesignated (4). Par. (4). Pub. L. 111–348, § 102(a)(3), redesignated par. (3) as (4).
+
+Statutory Notes and Related Subsidiaries
+
+ConstructionPub. L. 111–348, title I, § 104, as added by Pub. L. 115–228, § 2(1), Aug. 2, 2018, 132 Stat. 1628, provided that: “Nothing in this title [see Short Title of 2011 Amendment note set out under section 1801 of this title] or the amendments made by this title shall be construed as affecting, altering, or diminishing in any way the authority of the Secretary of Commerce to establish such conservation and management measures as the Secretary considers necessary and appropriate under sections 302(a)(3) and 304(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(3), 1854(g)).” [Another section 104 of Pub. L. 111–348 amended section 4107 of this title, prior to repeal by Pub. L. 115–228, § 2(1), Aug. 2, 2018, 132 Stat. 1628.]

legal/us/code/title-16/chapter-38/section-1826j.md

@@ -0,0 +1,107 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1826j"
+description: "Illegal, unreported, or unregulated fishing"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1826j"
+citation: "16 U.S.C. § 1826j"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1826j"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "1e0e3a5e5fea2aac3c0b4984a8a639dd019421fbcf66bd848c6c751d9cbeaecf"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "9d3c8c4f826f3f4e8c4ddefbd48e6e9a93c455ec91469f90b1b7298273f48516"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1826j - Illegal, unreported, or unregulated fishing
+
+## Text
+
+(a) Identification (1) Identification for actions of fishing vessels The Secretary shall, based on a cumulative compilation and analysis of data collected and provided by international fishery management organizations and other nations and organizations, identify, and list in the report under section 1826h of this title, a nation if any fishing vessel of that nation is engaged, or has been engaged at any point during the preceding 3 years, in illegal, unreported, or unregulated fishing—
+
+(A) that undermines the effectiveness of measures required by an international fishery management organization, taking into account whether the relevant international fishery management organization has failed to implement effective measures to end the illegal, unreported, or unregulated fishing activity by that nation or the nation is not a party to, or does not maintain cooperating status with, such organization; or
+
+(B) where no international fishery management organization exists with a mandate to regulate the fishing activity in question.
+
+(2) For actions of a nation The Secretary shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or unregulated fishing. In determining which nations to list in such report, the Secretary shall consider the following:
+
+(A) Any nation that is violating, or has violated at any point during the 3 years preceding the date of the determination, conservation and management measures, including catch and other data reporting obligations and requirements, required under an international fishery management agreement to which the United States is a party.
+
+(B) Any nation that is failing, or has failed in the 3-year period preceding the date of the determination, to effectively address or regulate illegal, unreported, or unregulated fishing within its fleets in any areas where its vessels are fishing.
+
+(C) Any nation that fails to discharge duties incumbent upon it under international law or practice as a flag, port, or coastal state to take action to prevent, deter, and eliminate illegal, unreported, or unregulated fishing.
+
+(D) Any nation that has been identified as producing for export to the United States seafood-related goods through forced labor or oppressive child labor (as those terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022) in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).
+
+(3) Application to other entities Where the provisions of this Act are applicable to nations, they shall also be applicable, as appropriate, to other entities that have competency to enter into international fishery management agreements.
+
+(4) Timing The Secretary shall make an identification under paragraph (1) or (2) at any time that the Secretary has sufficient information to make such identification.
+
+(b) Notification The Secretary shall notify the President and that nation of such an identification.
+
+(c) Consultation No later than 60 days after submitting a report to Congress under section 1826h of this title, the Secretary, acting through the Secretary of State, shall—
+
+(1) notify nations listed in the report of the requirements of this section;
+
+(2) initiate consultations for the purpose of encouraging such nations to take the appropriate corrective action with respect to the offending activities of their fishing vessels identified in the report; and
+
+(3) notify any relevant international fishery management organization of the actions taken by the United States under this section.
+
+(d) IUU certification procedure (1) Certification The Secretary shall establish a procedure, consistent with the provisions of subchapter II of chapter 5 of title 5, for determining if a nation identified under subsection (a) and listed in the report under section 1826h of this title has taken appropriate corrective action with respect to the offending activities identified in the report under section 1826h of this title. The certification procedure shall provide for notice and an opportunity for comment by any such nation. The Secretary shall determine, on the basis of the procedure, and certify to the Congress no later than 90 days after the date on which the Secretary promulgates a final rule containing the procedure, and biennially thereafter in the report under section 1826h of this title—
+
+(A) whether the government of each nation identified under subsection (a) has provided documentary evidence that it has taken corrective action with respect to the offending activities identified in the report; or
+
+(B) whether the relevant international fishery management organization has implemented measures that are effective in ending the illegal, unreported, or unregulated fishing activity by vessels of that nation.
+
+(2) Alternative procedure The Secretary may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the importation of fish or fish products from a vessel of a nation issued a negative certification under paragraph (1) if the Secretary determines that—
+
+(A) the vessel has not engaged in illegal, unreported, or unregulated fishing under an international fishery management agreement to which the United States is a party; or
+
+(B) the vessel is not identified by an international fishery management organization as participating in illegal, unreported, or unregulated fishing activities.
+
+(3) Effect of certification determination (A) Effect of negative certification The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of section 1826a of this title shall apply to any nation that, after being identified and notified under subsection (b) has failed to take the appropriate corrective actions for which the Secretary has issued a negative certification under this subsection.
+
+(B) Effect of positive certification The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of section 1826a of this title shall not apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection.
+
+(e) Illegal, unreported, or unregulated fishing defined (1) In general In this Act the term “illegal, unreported, or unregulated fishing” has the meaning established under paragraph (2).
+
+(2) Secretary to define term within legislative guidelines Within 3 months after January 12, 2007, the Secretary shall publish a definition of the term “illegal, unreported, or unregulated fishing” for purposes of this Act.
+
+(3) Guidelines The Secretary shall include in the definition, at a minimum—
+
+(A) fishing activities that violate conservation and management measures required under an international fishery management agreement to which the United States is a party, including catch limits or quotas, capacity restrictions, bycatch reduction requirements, and shark conservation measures;
+
+(B) overfishing of fish stocks shared by the United States, for which there are no applicable international conservation or management measures or in areas with no applicable international fishery management organization or agreement, that has adverse impacts on such stocks; and
+
+(C) fishing activity that has an adverse impact on seamounts, hydrothermal vents, and cold water corals located beyond national jurisdiction, for which there are no applicable conservation or management measures or in areas with no applicable international fishery management organization or agreement.
+
+(f) Authorization of appropriations There are authorized to be appropriated to the Secretary for fiscal years 2007 through 2013 such sums as are necessary to carry out this section.
+
+(Pub. L. 104–43, title VI, § 609, as added Pub. L. 109–479, title IV, § 403(a), Jan. 12, 2007, 120 Stat. 3628; amended Pub. L. 111–348, title I, § 102(b), Jan. 4, 2011, 124 Stat. 3669; Pub. L. 114–81, title I, § 101(c), (e), (g)(1), (2), (i)(2)–(4), Nov. 5, 2015, 129 Stat. 654, 655; Pub. L. 114–327, title IV, § 401(c), Dec. 16, 2016, 130 Stat. 1995; Pub. L. 117–263, div. K, title CXIII, § 11337, Dec. 23, 2022, 136 Stat. 4102; Pub. L. 117–328, div. S, title IV, § 401(1), Dec. 29, 2022, 136 Stat. 5274.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSection 11329 of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (a)(2)(D), is section 11329 of div. K of Pub. L. 117–263, which is set out as a note under section 1885a of this title. The Trafficking Victims Protection Act of 2000, referred to in subsec. (a)(2)(D), is div. A of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1466, which is classified principally to chapter 78 (§ 7101 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of Title 22 and Tables. This Act, referred to in subsecs. (a)(3) and (e)(1), (2), probably means title VI of Pub. L. 104–43, Nov. 3, 1995, 109 Stat. 391, known as the High Seas Driftnet Fishing Moratorium Protection Act, which is classified generally to sections 1826d to 1826k of this title. For complete classification of title VI to the Code, see Short Title of 1995 Amendment note set out under section 1801 of this title and Tables.
+
+Codification Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Amendments2022—Subsec. (a)(2). Pub. L. 117–263, § 11337(a)(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “Taking into account the factors described under subsection (a)(1), the Secretary shall also identify, and list in such report, a nation— “(A) if it is violating, or has violated at any point during the preceding 3 years, conservation and management measures required under an international fishery management agreement to which the United States is a party and the violations undermine the effectiveness of such measures; or “(B) if it is failing, or has failed in the preceding 3-year period, to effectively address or regulate illegal, unreported, or unregulated fishing in areas described under paragraph (1)(B).” Subsec. (a)(4). Pub. L. 117–263, § 11337(a)(2), added par. (4). Subsec. (d)(3). Pub. L. 117–263, § 11337(b)(1), added par. (3) and struck out former par. (3) which related to effect of certification. Subsecs. (e) to (g). Pub. L. 117–328, § 401(1), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which related to recordkeeping requirements. Pub. L. 117–263, § 11337(b)(2), (3), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. 2016—Subsec. (a)(1). Pub. L. 114–327 substituted “any fishing vessel of that nation is engaged, or has” for “fishing vessels of that nation are engaged, or have” in introductory provisions. 2015—Subsec. (a). Pub. L. 114–81, § 101(g)(1), (2), designated existing provisions as par. (1), inserted heading, and, in introductory provisions, inserted “, based on a cumulative compilation and analysis of data collected and provided by international fishery management organizations and other nations and organizations,” after “shall” and substituted “3 years” for “2 years”; redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and, in subpar. (A), inserted “that undermines the effectiveness of measures required by an international fishery management organization, taking into account whether” before “the relevant” and struck out “vessels of” after “activity by”; and added pars. (2) and (3). Subsec. (b). Pub. L. 114–81, § 101(c), amended subsec. (b) generally. Prior to amendment, text read as follows: “An identification under subsection (a) or section 1826k(a) of this title is deemed to be an identification under section 1826a(b)(1)(A) of this title, and the Secretary shall notify the President and that nation of such identification.” Subsec. (d)(1). Pub. L. 114–81, § 101(i)(2), struck out “of its fishing vessels” after “offending activities” in introductory provisions. Subsec. (d)(1)(A). Pub. L. 114–81, § 101(i)(3), struck out “of its fishing vessels” after “offending activities”. Subsec. (d)(2). Pub. L. 114–81, § 101(i)(4), in introductory provisions, substituted “to authorize” for “for certification”, inserted “the importation” after “or other basis”, struck out “harvesting” before “nation”, and substituted “issued a negative certification under paragraph (1)” for “not certified under paragraph (1)”. Subsec. (d)(3)(A)(i). Pub. L. 114–81, § 101(e), struck out “that has not been certified by the Secretary under this subsection, or” after “subsection (a)”. 2011—Subsec. (e)(3)(A). Pub. L. 111–348 substituted “bycatch reduction requirements, and shark conservation measures;” for “and bycatch reduction requirements;”.
+
+Statutory Notes and Related Subsidiaries
+
+ConstructionNothing in amendment by Pub. L. 111–348 to be construed as affecting, altering, or diminishing the authority of the Secretary of Commerce to establish such conservation and management measures as the Secretary considers necessary and appropriate under sections 1852(a)(3) and 1854(g) of this title, see section 104 of Pub. L. 111–348, set out as a note under section 1826i of this title.

legal/us/code/title-16/chapter-38/section-1826k.md

@@ -0,0 +1,117 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1826k"
+description: "Equivalent conservation measures"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1826k"
+citation: "16 U.S.C. § 1826k"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1826k"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "c793bd968cfcb05ccc80ba74782b710f3487a10aa280760d1d48b45db8549b9d"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "1cfebccf70a572c487acb2e98989412be08fd7fc0357ea9f6829dd1a311c5f73"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1826k - Equivalent conservation measures
+
+## Text
+
+(a) Identification (1) In general The Secretary shall identify and list in the report under section 1826h of this title—
+
+(A) a nation if—
+
+(i) any fishing vessel of that nation is engaged, or has been engaged during the 3 years preceding the date of the determination, in fishing activities or practices on the high seas or within the exclusive economic zone of any nation, that have resulted in bycatch of a protected living marine resource; and
+
+(ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable in effectiveness to the regulatory program of the United States, taking into account differing conditions; and
+
+(B) a nation if—
+
+(i) any fishing vessel of that nation is engaged, or has engaged during the 3 years preceding the date of the determination, in fishing activities on the high seas or within the exclusive economic zone of another nation that target or incidentally catch sharks; and
+
+(ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port, that is comparable to that of the United States.
+
+(2) Timing The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient information to make such identification.
+
+(b) Consultation and negotiation The Secretary of State, acting in consultation with the Secretary, shall—
+
+(1) notify, as soon as practicable, the President and nations that are engaged in, or that have any fishing vessels engaged in, fishing activities or practices described in subsection (a), about the provisions of this Act;
+
+(2) initiate discussions as soon as practicable with all foreign nations that are engaged in, or a fishing vessel of which has engaged in, fishing activities described in subsection (a), for the purpose of entering into bilateral and multilateral treaties with such nations to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act; and
+
+(3) initiate the amendment of any existing international treaty for the protection and conservation of such species to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section.
+
+(c) Conservation certification procedure (1) Determination The Secretary shall establish a procedure consistent with the provisions of subchapter II of chapter 5 of title 5 for determining whether the government of a harvesting nation identified under subsection (a) and listed in the report under section 1826h of this title—
+
+(A) has provided documentary evidence of the adoption of a regulatory program governing the conservation of the protected living marine resource that is comparable to that of the United States, taking into account different conditions, and which, in the case of pelagic longline fishing, includes mandatory use of circle hooks, careful handling and release equipment, and training and observer programs; and
+
+(B) has established a management plan containing requirements that will assist in gathering species-specific data to support international stock assessments and conservation enforcement efforts for protected living marine resources.
+
+(2) Procedural requirement The procedure established by the Secretary under paragraph (1) shall include notice and opportunity for comment by the public and any such nation.
+
+(3) Certification The Secretary shall certify to the Congress by January 31, 2007, and biennially thereafter whether each such nation has provided the documentary evidence described in paragraph (1)(A) and established a management plan described in paragraph (1)(B).
+
+(4) Alternative procedure The Secretary may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the importation of fish or fish products from a vessel of a nation issued a negative certification under paragraph (1) if the Secretary determines that such imports were harvested by practices that do not result in bycatch of a protected marine species, or were harvested by practices that—
+
+(A) are comparable to those of the United States, taking into account different conditions; and
+
+(B) include the gathering of species specific data that can be used to support international and regional stock assessments and conservation efforts for protected living marine resources.
+
+(5) Effect of certification The provisions of section 1826a(a) and section 1826a(b)(3) and (4) of this title shall apply to any nation identified under subsection (a) for which the Secretary has issued a negative certification under this subsection, but shall not apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection.
+
+(d) International cooperation and assistance To the greatest extent possible consistent with existing authority and the availability of funds, the Secretary shall—
+
+(1) provide appropriate assistance to nations identified by the Secretary under subsection (a) and international organizations of which those nations are members to assist those nations in qualifying for certification under subsection (c);
+
+(2) undertake, where appropriate, cooperative research activities on species statistics and improved harvesting techniques, with those nations or organizations;
+
+(3) encourage and facilitate the transfer of appropriate technology to those nations or organizations to assist those nations in qualifying for certification under subsection (c); and
+
+(4) provide assistance to those nations or organizations in designing and implementing appropriate fish harvesting plans.
+
+(e) Protected living marine resource defined In this section the term “protected living marine resource”—
+
+(1) except as provided in paragraph (2), means nontarget fish, sea turtles, or marine mammals that are protected under United States law or international agreement, including—
+
+(A) the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
+
+(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
+
+(C) the Shark Finning Prohibition Act (16 U.S.C. 1822 note); and
+
+(D) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249); but
+
+(2) does not include species, except sharks, managed under the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.], the Atlantic Tunas Convention Act [16 U.S.C. 971 et seq.], or any international fishery management agreement.
+
+(f) Authorization of appropriations There are authorized to be appropriated to the Secretary for fiscal years 2007 through 2013 such sums as are necessary to carry out this section.
+
+(Pub. L. 104–43, title VI, § 610, as added Pub. L. 109–479, title IV, § 403(a), Jan. 12, 2007, 120 Stat. 3630; amended Pub. L. 111–348, title I, § 102(c)(1), Jan. 4, 2011, 124 Stat. 3669; Pub. L. 114–81, title I, § 101(d), (f), (g)(3), (i)(5), Nov. 5, 2015, 129 Stat. 654, 655; Pub. L. 114–327, title IV, § 401(d), Dec. 16, 2016, 130 Stat. 1995; Pub. L. 117–263, div. K, title CXIII, § 11338, Dec. 23, 2022, 136 Stat. 4103; Pub. L. 117–328, div. S, title IV, § 401(2), Dec. 29, 2022, 136 Stat. 5274.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis Act, referred to in subsec. (b)(1), (2), probably means title VI of Pub. L. 104–43, Nov. 3, 1995, 109 Stat. 391, known as the High Seas Driftnet Fishing Moratorium Protection Act, which is classified generally to sections 1826d to 1826k of this title. For complete classification of title VI to the Code, see Short Title of 1995 Amendment note set out under section 1801 of this title and Tables. Section 1826a(a) and section 1826a(b)(3) and (4) of this title, referred to in subsec. (c)(5), was in the original “section 101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4))” and was translated as meaning section 101(a) and section 101(b)(3) and (4) of the High Seas Driftnet Fisheries Enforcement Act, to reflect the probable intent of Congress. The Marine Mammal Protection Act of 1972, referred to in subsec. (e)(1)(A), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables. The Endangered Species Act of 1973, referred to in subsec. (e)(1)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. The Shark Finning Prohibition Act, referred to in subsec. (e)(1)(C), is Pub. L. 106–557, Dec. 21, 2000, 114 Stat. 2772, which is set out as a note under section 1822 of this title. For complete classification of this Act to the Code, see Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (e)(2), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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. The Atlantic Tunas Convention Act, referred to in subsec. (e)(2), probably means the Atlantic Tunas Convention Act of 1975, Pub. L. 94–70, Aug. 5, 1975, 89 Stat. 385, which is classified generally to chapter 16A (§ 971 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 971 of this title and Tables.
+
+Codification Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Amendments2022—Subsec. (a). Pub. L. 117–263, § 11338(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to identification of nations with certain fishing activities that resulted in bycatch of protected living marine resources and that targeted or incidentally caught sharks. Subsec. (b). Pub. L. 117–263, § 11338(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to consultation and negotiation with foreign governments regarding bilateral and multilateral treaties and agreements to protect certain species. Subsec. (b)(3), (4). Pub. L. 117–328, § 401(2)(A), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “seek agreements calling for international restrictions on fishing activities or practices described in subsection (a) through the United Nations, the Committee on Fisheries of the Food and Agriculture Organization of the United Nations, and appropriate international fishery management bodies; and”. Subsec. (c)(2). Pub. L. 117–263, § 11338(c)(1), inserted “the public and” after “comment by”. Subsec. (c)(4)(C). Pub. L. 117–328, § 401(2)(B), struck out subpar. (C) which read as follows: “ensure that any such fish or fish products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the Seafood Import Monitoring Program established in subpart Q of part 300 of title 50, Code of Federal Regulations (or any successor regulation).” Pub. L. 117–263, § 11338(c)(2), added subpar. (C). Subsec. (c)(5). Pub. L. 117–263, § 11338(c)(3), struck out “(except to the extent that such provisions apply to sport fishing equipment or fish or fish products not caught by the vessels engaged in illegal, unreported, or unregulated fishing)” after “section 1826a(b)(3) and (4) of this title”. Subsec. (e)(1). Pub. L. 117–263, § 11338(d), added par. (1) and struck out former par. (1) which read as follows: “means non-target fish, sea turtles, or marine mammals that are protected under United States law or international agreement, including the Marine Mammal Protection Act, the Endangered Species Act, the Shark Finning Prohibition Act, and the Convention on International Trade in Endangered Species of Wild Flora and Fauna; but”. 2016—Subsec. (a)(2)(A). Pub. L. 114–327 substituted “3 years” for “calendar year”. 2015—Subsec. (a)(1)(A). Pub. L. 114–81, § 101(g)(3), (i)(5)(A), substituted “3 years” for “calendar year” and “practices—” for “practices;” in introductory provisions. Subsec. (b)(1). Pub. L. 114–81, § 101(d), amended par. (1) generally. Prior to amendment, text read as follows: “notify, as soon as possible, other nations whose vessels engage in fishing activities or practices described in subsection (a), about the provisions of sections 1826d to 1826k of this title;”. Subsec. (c)(4). Pub. L. 114–81, § 101(i)(5)(B), added introductory provisions and subpar. (A) and struck out former introductory provisions and subpar. (A) which related to alternative procedure for certification of fish or fish products from a vessel of a harvesting nation not certified under paragraph (3). Subsec. (c)(5). Pub. L. 114–81, § 101(f), struck out “that has not been certified by the Secretary under this subsection, or” after “subsection (a)”. 2011—Subsec. (a). Pub. L. 111–348, § 102(c)(1)(A), struck out “, a nation if” after “section 1826h of this title” in introductory provisions. Pub. L. 111–348, § 102(c)(1)(B)–(G), redesignated pars. (1) to (3) as subpars. (A) to (C), respectively, realigned margins, inserted “(1) a nation if—” before subpar. (A), as so redesignated, redesignated former subpars. (A) and (B) of par. (1) as cls. (i) and (ii) of subpar. (A), respectively, realigned margins, and added par. (2).
+
+Statutory Notes and Related Subsidiaries
+
+ConstructionNothing in section 102(c) of Pub. L. 111–348 (amending this section and enacting provisions set out as a note below) to be construed as affecting, altering, or diminishing the authority of the Secretary of Commerce to establish such conservation and management measures as the Secretary considers necessary and appropriate under sections 1852(a)(3) and 1854(g) of this title, see section 104 of Pub. L. 111–348, set out as a note under section 1826i of this title.
+
+Initial IdentificationsPub. L. 111–348, title I, § 102(c)(2), Jan. 4, 2011, 124 Stat. 3669, provided that: “The Secretary of Commerce shall begin making identifications under paragraph (2) of section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)), as added by paragraph (1)(G), not later than 1 year after the date of the enactment of this Act [Jan. 4, 2011].”

legal/us/code/title-16/chapter-38/section-1827.md

@@ -0,0 +1,87 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1827"
+description: "Observer program regarding certain foreign fishing"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1827"
+citation: "16 U.S.C. § 1827"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1827"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "2241ebbbcb1fb06df203f537ed05da14ad0c2f3dbd6405d19104151373fe0a32"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1827 - Observer program regarding certain foreign fishing
+
+## Text
+
+(a) Definitions As used in this section—
+
+(1) The term “Act of 1976” means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
+
+(2) The term “billfish” means any species of marlin, spearfish, sailfish or swordfish.
+
+(3) The term “Secretary” means the Secretary of Commerce.
+
+(b) Observer program The Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel—
+
+(1) is in waters that are within—
+
+(A) the fishery conservation zone established under section 101 of the Act of 1976 [16 U.S.C. 1811],11 See References in Text note below. and
+
+(B) the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic Tunas; and
+
+(2) is taking or attempting to take any species of fish if such taking or attempting to take may result in the incidental taking of billfish.
+
+The Secretary may acquire observers for such program through contract with qualified private persons.
+
+(c) Functions of observers United States observers, while aboard foreign fishing vessels as required under subsection (b), shall carry out such scientific and other functions as the Secretary deems necessary or appropriate to carry out this section.
+
+(d) Fees There is imposed for each year after 1980 on the owner or operator of each foreign fishing vessel that, in the judgment of the Secretary, will engage in fishing in waters described in subsection (b)(1) during that year which may result in the incidental taking of billfish a fee in an amount sufficient to cover all of the costs of providing an observer aboard that vessel under the program established under subsection (a). The fees imposed under this subsection for any year shall be paid to the Secretary before that year begins. All fees collected by the Secretary under this subsection shall be deposited in the Fund established by subsection (e).
+
+(e) Fund There is established in the Treasury of the United States the Foreign Fishing Observer Fund. The Fund shall be available to the Secretary as a revolving fund for the purpose of carrying out this section. The Fund shall consist of the fees deposited into it as required under subsection (d). All payments made by the Secretary to carry out this section shall be paid from the Fund, only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.
+
+(f) Prohibited acts (1) It is unlawful for any person who is the owner or operator of a foreign fishing vessel to which this section applies—
+
+(A) to violate any regulation issued under subsection (g);
+
+(B) to refuse to pay the fee imposed under subsection (d) after being requested to do so by the Secretary; or
+
+(C) to refuse to permit an individual who is authorized to act as an observer under this section with respect to that vessel to board the vessel for purposes of carrying out observer functions.
+
+(2) Section 308 of the Act of 1976 [16 U.S.C. 1858] (relating to civil penalties) applies to any act that is unlawful under paragraph (1), and for purposes of such application the commission of any such act shall be treated as an act the commission of which is unlawful under section 307 of the Act of 1976 [16 U.S.C. 1857].
+
+(g) Regulations The Secretary shall issue such regulations as are necessary or appropriate to carry out this section.
+
+(Pub. L. 96–339, § 2, Sept. 4, 1980, 94 Stat. 1069; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a)(1), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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. Section 101 of the Act of 1976 [16 U.S.C. 1811], referred to in subsec. (b)(1)(A), which established the fishery conservation zone, was amended generally by Pub. L. 99–659, title I, § 101(b), Nov. 14, 1986, 100 Stat. 3706, and now relates to United States sovereign rights to fish and fishery management authority within the exclusive economic zone.
+
+Codification Section was not enacted as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Amendments1996—Subsec. (a)(1). Pub. L. 104–208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”. 1980—Subsec. (a)(1). Pub. L. 96–561 substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 1996 AmendmentPub. 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.
+
+Effective Date of 1980 AmendmentPub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that section is effective 15 days after Dec. 22, 1980.

legal/us/code/title-16/chapter-38/section-1827a.md

@@ -0,0 +1,77 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1827a"
+description: "Prohibition on sale of billfish"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1827a"
+citation: "16 U.S.C. § 1827a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1827a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "887c34350133ec6dfbed854cc48abd3c5ca41cb60dc53d39b0e7b000cc5b9b4d"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1827a - Prohibition on sale of billfish
+
+## Text
+
+(a) Prohibition No person shall offer for sale, sell, or have custody, control, or possession of for purposes of offering for sale or selling billfish or products containing billfish.
+
+(b) Penalty For purposes of section 1858(a) of this title, a violation of this section shall be treated as an act prohibited by section 1857 of this title.
+
+(c) Exemptions for traditional fisheries and markets (1) Subsection (a) does not apply to billfish caught by US fishing vessels and landed and retained in the State of Hawaii or Pacific Insular Areas as defined in section 1802(35) of this title.
+
+(2) Subsection (a) does not apply to billfish landed by foreign fishing vessels in the Pacific Insular Areas when the foreign caught billfish is exported to non-US markets or retained within Hawaii and the Pacific Insular Areas for local consumption.
+
+(d) Billfish defined In this section the term “billfish”—
+
+(1) means any fish of the species—
+
+(A) Makaira nigricans (blue marlin);
+
+(B) Kajikia audax (striped marlin);
+
+(C) Istiompax indica (black marlin);
+
+(D) Istiophorus platypterus (sailfish);
+
+(E) Tetrapturus angustirostris (shortbill spearfish);
+
+(F) Kajikia albida (white marlin);
+
+(G) Tetrapturus georgii (roundscale spearfish);
+
+(H) Tetrapturus belone (Mediterranean spearfish); and
+
+(I) Tetrapturus pfluegeri (longbill spearfish); and
+
+(2) does not include the species Xiphias gladius (swordfish).
+
+(Pub. L. 112–183, § 4, Oct. 5, 2012, 126 Stat. 1422; Pub. L. 115–228, § 1, Aug. 2, 2018, 132 Stat. 1628.)
+
+## Notes
+
+Editorial Notes
+
+Codification Section was enacted as part of the Billfish Conservation Act of 2012 and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Amendments2018—Subsec. (c)(1). Pub. L. 115–228 inserted “and retained” after “landed”.
+
+Statutory Notes and Related Subsidiaries
+
+FindingsPub. L. 112–183, § 2, Oct. 5, 2012, 126 Stat. 1422, provided that: “Congress finds the following: “(1) The United States carefully regulates its domestic fisheries for billfish and participates in international fishery management bodies in the Atlantic and Pacific. “(2) Global billfish populations have declined significantly, however, because of overfishing primarily through retention of bycatch by non-United States commercial fishing fleets. “(3) Ending the importation of foreign-caught billfish for sale in the United States aligns with U.S. management measures of billfish and protects the significant economic benefits to the U.S. economy of recreational fishing and marine commerce and the traditional cultural fisheries.”

legal/us/code/title-16/chapter-38/section-1828.md

@@ -0,0 +1,53 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1828"
+description: "Foreign fishing incursions"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1828"
+citation: "16 U.S.C. § 1828"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1828"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "edc020fcb5b01abc8b6f6e372735b5003721fe8de96689fb01a6055ffaddaa35"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1828 - Foreign fishing incursions
+
+## Text
+
+(a) In general Not later than 180 days after July 11, 2006, the Secretary of the department in which the Coast Guard is operating shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on steps that the Coast Guard will take to significantly improve the Coast Guard’s detection and interdiction of illegal incursions into the United States exclusive economic zone by foreign fishing vessels.
+
+(b) Specific issues to be addressed The report shall—
+
+(1) focus on areas in the exclusive economic zone where the Coast Guard has failed to detect or interdict such incursions in the 4-fiscal-year period beginning with fiscal year 2000, including such areas in the Western/Central Pacific and the Bering Sea; and
+
+(2) include an evaluation of the potential use of unmanned aircraft and offshore platforms for detecting or interdicting such incursions.
+
+(c) Biennial updates The Secretary shall provide biannual reports updating the Coast Guard’s progress in detecting or interdicting such incursions to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
+
+(Pub. L. 109–241, title VIII, § 804, July 11, 2006, 120 Stat. 563.)
+
+## Notes
+
+Editorial Notes
+
+Codification Section was enacted as part of the Coast Guard and Maritime Transportation Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Statutory Notes and Related Subsidiaries
+
+Combination of Fisheries Enforcement Plans and Foreign Fishing Incursion ReportsPub. L. 111–207, § 4(b), July 27, 2010, 124 Stat. 2251, as amended by Pub. L. 113–281, title II, § 221(a)(5), Dec. 18, 2014, 128 Stat. 3037, provided that: “The Secretary of the department in which the Coast Guard is operating shall combine the reports required under section 224 of the Coast Guard and Maritime Transportation Act of 2004 (16 U.S.C. 1861b) and section 804 of the Coast Guard and Maritime Transportation Act of 2006 (16 U.S.C. 1828) into a single annual report for fiscal years beginning after fiscal year 2010. No report shall be required under this subsection, including that no report shall be required under section 224 of the Coast Guard and Maritime Transportation Act of 2004 or section 804 of the Coast Guard and Maritime Transportation Act of 2006, for fiscal years beginning after fiscal year 2014.”

legal/us/code/title-16/chapter-38/section-1829.md

@@ -0,0 +1,51 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1829"
+description: "International monitoring and compliance"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1829"
+citation: "16 U.S.C. § 1829"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1829"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "7cd7e1ccff75984a862b9fe9f9ce3687b4a0a9ed4da9febad860eacb9e58d258"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1829 - International monitoring and compliance
+
+## Text
+
+(a) In general The Secretary may undertake activities to promote improved monitoring and compliance for high seas fisheries, or fisheries governed by international fishery management agreements, and to implement the requirements of this subchapter.
+
+(b) Specific authorities In carrying out subsection (a), the Secretary may—
+
+(1) share information on harvesting and processing capacity and illegal, unreported and unregulated fishing on the high seas, in areas covered by international fishery management agreements, and by vessels of other nations within the United States exclusive economic zone, with relevant law enforcement organizations of foreign nations and relevant international organizations;
+
+(2) further develop real time information sharing capabilities, particularly on harvesting and processing capacity and illegal, unreported and unregulated fishing;
+
+(3) participate in global and regional efforts to build an international network for monitoring, control, and surveillance of high seas fishing and fishing under regional or global agreements;
+
+(4) support efforts to create an international registry or database of fishing vessels, including by building on or enhancing registries developed by international fishery management organizations;
+
+(5) enhance enforcement capabilities through the application of commercial or governmental remote sensing technology to locate or identify vessels engaged in illegal, unreported, or unregulated fishing on the high seas, including encroachments into the exclusive economic zone by fishing vessels of other nations;
+
+(6) provide technical or other assistance to developing countries to improve their monitoring, control, and surveillance capabilities; and
+
+(7) support coordinated international efforts to ensure that all large-scale fishing vessels operating on the high seas are required by their flag State to be fitted with vessel monitoring systems no later than December 31, 2008, or earlier if so decided by the relevant flag State or any relevant international fishery management organization.
+
+(Pub. L. 94–265, title II, § 207, as added Pub. L. 109–479, title IV, § 401, Jan. 12, 2007, 120 Stat. 3625.)

legal/us/code/title-16/chapter-38/section-1853a.md

@@ -0,0 +1,249 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1853a"
+description: "Limited access privilege programs"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1853a"
+citation: "16 U.S.C. § 1853a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1853a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "3f864d3e98c21853e2276a72ad77f55b7eef0a21e53867d7ed4a0a986f79aa82"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1853a - Limited access privilege programs
+
+## Text
+
+(a) In general After January 12, 2007, a Council may submit, and the Secretary may approve, for a fishery that is managed under a limited access system, a limited access privilege program to harvest fish if the program meets the requirements of this section.
+
+(b) No creation of right, title, or interest Limited access privilege, quota share, or other limited access system authorization established, implemented, or managed under this chapter—
+
+(1) shall be considered a permit for the purposes of sections 1857, 1858, and 1859 of this title;
+
+(2) may be revoked, limited, or modified at any time in accordance with this chapter, including revocation if the system is found to have jeopardized the sustainability of the stock or the safety of fishermen;
+
+(3) shall not confer any right of compensation to the holder of such limited access privilege, quota share, or other such limited access system authorization if it is revoked, limited, or modified;
+
+(4) shall not create, or be construed to create, any right, title, or interest in or to any fish before the fish is harvested by the holder; and
+
+(5) shall be considered a grant of permission to the holder of the limited access privilege or quota share to engage in activities permitted by such limited access privilege or quota share.
+
+(c) Requirements for limited access privileges (1) In general Any limited access privilege program to harvest fish submitted by a Council or approved by the Secretary under this section shall—
+
+(A) if established in a fishery that is overfished or subject to a rebuilding plan, assist in its rebuilding;
+
+(B) if established in a fishery that is determined by the Secretary or the Council to have over-capacity, contribute to reducing capacity;
+
+(C) promote—
+
+(i) fishing safety;
+
+(ii) fishery conservation and management; and
+
+(iii) social and economic benefits;
+
+(D) prohibit any person other than a United States citizen, a corporation, partnership, or other entity established under the laws of the United States or any State, or a permanent resident alien, that meets the eligibility and participation requirements established in the program from acquiring a privilege to harvest fish, including any person that acquires a limited access privilege solely for the purpose of perfecting or realizing on a security interest in such privilege;
+
+(E) require that all fish harvested under a limited access privilege program be processed on vessels of the United States or on United States soil (including any territory of the United States);
+
+(F) specify the goals of the program;
+
+(G) include provisions for the regular monitoring and review by the Council and the Secretary of the operations of the program, including determining progress in meeting the goals of the program and this chapter, and any necessary modification of the program to meet those goals, with a formal and detailed review 5 years after the implementation of the program and thereafter to coincide with scheduled Council review of the relevant fishery management plan (but no less frequently than once every 7 years);
+
+(H) include an effective system for enforcement, monitoring, and management of the program, including the use of observers or electronic monitoring systems;
+
+(I) include an appeals process for administrative review of the Secretary’s decisions regarding initial allocation of limited access privileges;
+
+(J) provide for the establishment by the Secretary, in consultation with appropriate Federal agencies, for an information collection and review process to provide any additional information needed to determine whether any illegal acts of anti-competition, anti-trust, price collusion, or price fixing have occurred among regional fishery associations or persons receiving limited access privileges under the program; and
+
+(K) provide for the revocation by the Secretary of limited access privileges held by any person found to have violated the antitrust laws of the United States.
+
+(2) Waiver The Secretary may waive the requirement of paragraph (1)(E) if the Secretary determines that—
+
+(A) the fishery has historically processed the fish outside of the United States; and
+
+(B) the United States has a seafood safety equivalency agreement with the country where processing will occur.
+
+(3) Fishing communities (A) In general (i) Eligibility To be eligible to participate in a limited access privilege program to harvest fish, a fishing community shall—
+
+(I) be located within the management area of the relevant Council;
+
+(II) meet criteria developed by the relevant Council, approved by the Secretary, and published in the Federal Register;
+
+(III) consist of residents who conduct commercial or recreational fishing, processing, or fishery-dependent support businesses within the Council’s management area; and
+
+(IV) develop and submit a community sustainability plan to the Council and the Secretary that demonstrates how the plan will address the social and economic development needs of coastal communities, including those that have not historically had the resources to participate in the fishery, for approval based on criteria developed by the Council that have been approved by the Secretary and published in the Federal Register.
+
+(ii) Failure to comply with plan The Secretary shall deny or revoke limited access privileges granted under this section for any person who fails to comply with the requirements of the community sustainability plan. Any limited access privileges denied or revoked under this section may be reallocated to other eligible members of the fishing community.
+
+(B) Participation criteria In developing participation criteria for eligible communities under this paragraph, a Council shall consider—
+
+(i) traditional fishing or processing practices in, and dependence on, the fishery;
+
+(ii) the cultural and social framework relevant to the fishery;
+
+(iii) economic barriers to access to fishery;
+
+(iv) the existence and severity of projected economic and social impacts associated with implementation of limited access privilege programs on harvesters, captains, crew, processors, and other businesses substantially dependent upon the fishery in the region or subregion;
+
+(v) the expected effectiveness, operational transparency, and equitability of the community sustainability plan; and
+
+(vi) the potential for improving economic conditions in remote coastal communities lacking resources to participate in harvesting or processing activities in the fishery.
+
+(4) Regional fishery associations (A) In general To be eligible to participate in a limited access privilege program to harvest fish, a regional fishery association shall—
+
+(i) be located within the management area of the relevant Council;
+
+(ii) meet criteria developed by the relevant Council, approved by the Secretary, and published in the Federal Register;
+
+(iii) be a voluntary association, among willing parties with established by-laws and operating procedures;
+
+(iv) consist of participants in the fishery who hold quota share that are designated for use in the specific region or subregion covered by the regional fishery association, including commercial or recreational fishing, processing, fishery-dependent support businesses, or fishing communities;
+
+(v) not be eligible to receive an initial allocation of a limited access privilege but may acquire such privileges after the initial allocation, and may hold the annual fishing privileges of any limited access privileges it holds or the annual fishing privileges that is 11 So in original. Probably should be “its”. members contribute; and
+
+(vi) develop and submit a regional fishery association plan to the Council and the Secretary for approval based on criteria developed by the Council that have been approved by the Secretary and published in the Federal Register.
+
+(B) Failure to comply with plan The Secretary shall deny or revoke limited access privileges granted under this section to any person participating in a regional fishery association who fails to comply with the requirements of the regional fishery association plan.
+
+(C) Participation criteria In developing participation criteria for eligible regional fishery associations under this paragraph, a Council shall consider—
+
+(i) traditional fishing or processing practices in, and dependence on, the fishery;
+
+(ii) the cultural and social framework relevant to the fishery;
+
+(iii) economic barriers to access to fishery;
+
+(iv) the existence and severity of projected economic and social impacts associated with implementation of limited access privilege programs on harvesters, captains, crew, processors, and other businesses substantially dependent upon the fishery in the region or subregion;
+
+(v) the administrative and fiduciary soundness of the association; and
+
+(vi) the expected effectiveness, operational transparency, and equitability of the fishery association plan.
+
+(5) Allocation In developing a limited access privilege program to harvest fish a Council or the Secretary shall—
+
+(A) establish procedures to ensure fair and equitable initial allocations, including consideration of—
+
+(i) current and historical harvests;
+
+(ii) employment in the harvesting and processing sectors;
+
+(iii) investments in, and dependence upon, the fishery; and
+
+(iv) the current and historical participation of fishing communities;
+
+(B) consider the basic cultural and social framework of the fishery, especially through—
+
+(i) the development of policies to promote the sustained participation of small owner-operated fishing vessels and fishing communities that depend on the fisheries, including regional or port-specific landing or delivery requirements; and
+
+(ii) procedures to address concerns over excessive geographic or other consolidation in the harvesting or processing sectors of the fishery;
+
+(C) include measures to assist, when necessary and appropriate, entry-level and small vessel owner-operators, captains, crew, and fishing communities through set-asides of harvesting allocations, including providing privileges, which may include set-asides or allocations of harvesting privileges, or economic assistance in the purchase of limited access privileges;
+
+(D) ensure that limited access privilege holders do not acquire an excessive share of the total limited access privileges in the program by—
+
+(i) establishing a maximum share, expressed as a percentage of the total limited access privileges, that a limited access privilege holder is permitted to hold, acquire, or use; and
+
+(ii) establishing any other limitations or measures necessary to prevent an inequitable concentration of limited access privileges; and
+
+(E) authorize limited access privileges to harvest fish to be held, acquired, used by, or issued under the system to persons who substantially participate in the fishery, including in a specific sector of such fishery, as specified by the Council.
+
+(6) Program initiation (A) Limitation Except as provided in subparagraph (D), a Council may initiate a fishery management plan or amendment to establish a limited access privilege program to harvest fish on its own initiative or if the Secretary has certified an appropriate petition.
+
+(B) Petition A group of fishermen constituting more than 50 percent of the permit holders, or holding more than 50 percent of the allocation, in the fishery for which a limited access privilege program to harvest fish is sought, may submit a petition to the Secretary requesting that the relevant Council or Councils with authority over the fishery be authorized to initiate the development of the program. Any such petition shall clearly state the fishery to which the limited access privilege program would apply. For multispecies permits in the Gulf of Mexico, only those participants who have substantially fished the species proposed to be included in the limited access program shall be eligible to sign a petition for such a program and shall serve as the basis for determining the percentage described in the first sentence of this subparagraph.
+
+(C) Certification by Secretary Upon the receipt of any such petition, the Secretary shall review all of the signatures on the petition and, if the Secretary determines that the signatures on the petition represent more than 50 percent of the permit holders, or holders of more than 50 percent of the allocation in the fishery, as described by subparagraph (B), the Secretary shall certify the petition to the appropriate Council or Councils.
+
+(D) New England and Gulf referendum (i) Except as provided in clause (iii) for the Gulf of Mexico commercial red snapper fishery, the New England and Gulf Councils may not submit, and the Secretary may not approve or implement, a fishery management plan or amendment that creates an individual fishing quota program, including a Secretarial plan, unless such a system, as ultimately developed, has been approved by more than ⅔ of those voting in a referendum among eligible permit holders, or other persons described in clause (v), with respect to the New England Council, and by a majority of those voting in the referendum among eligible permit holders with respect to the Gulf Council. For multispecies permits in the Gulf of Mexico, only those participants who have substantially fished the species proposed to be included in the individual fishing quota program shall be eligible to vote in such a referendum. If an individual fishing quota program fails to be approved by the requisite number of those voting, it may be revised and submitted for approval in a subsequent referendum.
+
+(ii) The Secretary shall conduct a referendum under this subparagraph, including notifying all persons eligible to participate in the referendum and making available to them information concerning the schedule, procedures, and eligibility requirements for the referendum process and the proposed individual fishing quota program. Within 1 year after January 12, 2007, the Secretary shall publish guidelines and procedures to determine procedures and voting eligibility requirements for referenda and to conduct such referenda in a fair and equitable manner.
+
+(iii) The provisions of section 1883(c) of this title shall apply in lieu of this subparagraph for an individual fishing quota program for the Gulf of Mexico commercial red snapper fishery.
+
+(iv) Chapter 35 of title 44 (commonly known as the Paperwork Reduction Act) does not apply to the referenda conducted under this subparagraph.
+
+(v) The Secretary shall promulgate criteria for determining whether additional fishery participants are eligible to vote in the New England referendum described in clause (i) in order to ensure that crew members who derive a significant percentage of their total income from the fishery under the proposed program are eligible to vote in the referendum.
+
+(vi) In this subparagraph, the term “individual fishing quota” does not include a sector allocation.
+
+(7) Transferability In establishing a limited access privilege program, a Council shall—
+
+(A) establish a policy and criteria for the transferability of limited access privileges (through sale or lease), that is consistent with the policies adopted by the Council for the fishery under paragraph (5); and
+
+(B) establish, in coordination with the Secretary, a process for monitoring of transfers (including sales and leases) of limited access privileges.
+
+(8) Preparation and implementation of secretarial plans This subsection also applies to a plan prepared and implemented by the Secretary under section 1854(c) or 1854(g) of this title.
+
+(9) Antitrust savings clause Nothing in this chapter shall be construed to modify, impair, or supersede the operation of any of the antitrust laws. For purposes of the preceding sentence, the term “antitrust laws” has the meaning given such term in subsection (a) of section 12 of title 15, except that such term includes section 45 of title 15 to the extent that such section 45 applies to unfair methods of competition.
+
+(d) Auction and other programs In establishing a limited access privilege program, a Council shall consider, and may provide, if appropriate, an auction system or other program to collect royalties for the initial, or any subsequent, distribution of allocations in a limited access privilege program if—
+
+(1) the system or program is administered in such a way that the resulting distribution of limited access privilege shares meets the program requirements of this section; and
+
+(2) revenues generated through such a royalty program are deposited in the Limited Access System Administration Fund established by section 1855(h)(5)(B) of this title and available subject to annual appropriations.
+
+(e) Cost recovery In establishing a limited access privilege program, a Council shall—
+
+(1) develop a methodology and the means to identify and assess the management, data collection and analysis, and enforcement programs that are directly related to and in support of the program; and
+
+(2) provide, under section 1854(d)(2) of this title, for a program of fees paid by limited access privilege holders that will cover the costs of management, data collection and analysis, and enforcement activities.
+
+(f) Characteristics A limited access privilege established after January 12, 2007, is a permit issued for a period of not more than 10 years that—
+
+(1) will be renewed before the end of that period, unless it has been revoked, limited, or modified as provided in this subsection;
+
+(2) will be revoked, limited, or modified if the holder is found by the Secretary, after notice and an opportunity for a hearing under section 554 of title 5, to have failed to comply with any term of the plan identified in the plan as cause for revocation, limitation, or modification of a permit, which may include conservation requirements established under the plan;
+
+(3) may be revoked, limited, or modified if the holder is found by the Secretary, after notice and an opportunity for a hearing under section 554 of title 5, to have committed an act prohibited by section 1857 of this title; and
+
+(4) may be acquired, or reacquired, by participants in the program under a mechanism established by the Council if it has been revoked, limited, or modified under paragraph (2) or (3).
+
+(g) Limited access privilege assisted purchase program (1) In general A Council may submit, and the Secretary may approve and implement, a program which reserves up to 25 percent of any fees collected from a fishery under section 1854(d)(2) of this title to be used, pursuant to section 53706(a)(7) of title 46, to issue obligations that aid in financing—
+
+(A) the purchase of limited access privileges in that fishery by fishermen who fish from small vessels; and
+
+(B) the first-time purchase of limited access privileges in that fishery by entry level fishermen.
+
+(2) Eligibility criteria A Council making a submission under paragraph (1) shall recommend criteria, consistent with the provisions of this chapter, that a fisherman must meet to qualify for guarantees under subparagraphs (A) and (B) of paragraph (1) and the portion of funds to be allocated for guarantees under each subparagraph.
+
+(h) Effect on certain existing shares and programs Nothing in this chapter, or the amendments made by the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, shall be construed to require a reallocation or a reevaluation of individual quota shares, processor quota shares, cooperative programs, or other quota programs, including sector allocation in effect before January 12, 2007.
+
+(i) Transition rules The requirements of this section shall not apply to any quota program, including any individual quota program, cooperative program, or sector allocation for which a Council has taken final action or which has been submitted by a Council to the Secretary, or approved by the Secretary, within 6 months after January 12, 2007, except that—
+
+(1) the requirements of section 1853(d) of this title in effect on the day before January 12, 2007, shall apply to any such program;
+
+(2) the program shall be subject to review under subsection (c)(1)(G) of this section not later than 5 years after the program implementation; and
+
+(3) nothing in this subsection precludes a Council from incorporating criteria contained in this section into any such plans.
+
+(Pub. L. 94–265, title III, § 303A, as added Pub. L. 109–479, title I, § 106(a)(2), Jan. 12, 2007, 120 Stat. 3586; amended Pub. L. 110–161, div. B, title V, § 529, Dec. 26, 2007, 121 Stat. 1930.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsecs. (b), (c)(1)(G), (9), (g)(2), and (h), 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. The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, referred to in subsec. (h), is Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3575. Section 302(f) of the Act (120 Stat. 3624) is not classified to the Code. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 1801 of this title and Tables.
+
+Amendments2007—Subsec. (c)(4)(A)(iii). Pub. L. 110–161, § 529(1), substituted “association, among willing parties” for “association”. Subsec. (i). Pub. L. 110–161, § 529(2)–(4), struck out designation and heading of par. (1), redesignated subpars. (A) to (C) of former par. (1) as pars. (1) to (3), respectively, realigned margins, and struck out heading and text of former par. (2). Text of former par. (2) read as follows: “The requirements of this section, other than subparagraphs (A) and (B) of subsection (c)(1) and subparagraphs (A), (B), and (C) of paragraph (1) of this subsection, shall not apply to any proposal authorized under section 302(f) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 that is submitted within the timeframe prescribed by that section.”
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2007 AmendmentPub. L. 110–161, div. B, title V, § 529, Dec. 26, 2007, 121 Stat. 1930, provided that the amendment made by section 529 is effective Jan. 13, 2007.
+
+Application With American Fisheries ActPub. L. 109–479, title I, § 106(e), Jan. 12, 2007, 120 Stat. 3594, provided that: “Nothing in section 303A of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) [16 U.S.C. 1853a], as added by subsection (a), shall be construed to modify or supersede any provision of the American Fisheries Act [title II of div. C of Pub. L. 105–277, see Tables for classification] ([former] 46 U.S.C. 12102 note [see 46 U.S.C. 12113(e), (f), (h), (i)]; 16 U.S.C. 1851 note; et alia).”

legal/us/code/title-16/chapter-38/section-1856.md

@@ -0,0 +1,117 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1856"
+description: "State jurisdiction"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1856"
+citation: "16 U.S.C. § 1856"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1856"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "981524d5d6387cbfaa9116fd26074a9bf2c43f9a65ed6f70265a0fdbe1681ebe"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "80c082c95455816144a1d898f312095db4d8bcaf8b1da1c18e8ef18026573ee6"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1856 - State jurisdiction
+
+## Text
+
+(a) In general (1) Except as provided in subsection (b), nothing in this chapter shall be construed as extending or diminishing the jurisdiction or authority of any State within its boundaries.
+
+(2) For the purposes of this chapter, 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
+
+(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.
+
+(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 chapter is approved and implemented for such fishery.
+
+(b) Exception (1) If the Secretary finds, after notice and an opportunity for a hearing in accordance with section 554 of title 5, that—
+
+(A) the fishing in a fishery, which is covered by a fishery management plan implemented under this chapter, 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).
+
+(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 1824(d) of this title;
+
+(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.
+
+(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 1821(b) of this title during the time the vessel will engage in the fish processing for which permission is sought under paragraph (1)(B).
+
+(Pub. L. 94–265, title III, § 306, Apr. 13, 1976, 90 Stat. 355; Pub. L. 97–191, § 1, June 1, 1982, 96 Stat. 107; Pub. L. 97–453, § 9, Jan. 12, 1983, 96 Stat. 2491; Pub. L. 98–623, title IV, § 404(4), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 99–659, title I, § 101(c)(2), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101–627, title I, § 112, Nov. 28, 1990, 104 Stat. 4453; Pub. L. 104–297, title I, § 112(a)–(c), Oct. 11, 1996, 110 Stat. 3595, 3596.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsecs. (a)(1), (2), (3)(C) and (b)(1)(A), 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.
+
+Amendments1996—Subsec. (a)(3). Pub. L. 104–297, § 112(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Except as otherwise provided by paragraph (2), a State may not directly or indirectly regulate any fishing vessel outside its boundaries, unless the vessel is registered under the law of that State.” Subsec. (b)(3). Pub. L. 104–297, § 112(b), added par. (3). Subsec. (c)(1)(A). Pub. L. 104–297, § 112(c)(1), substituted “(4)(C) or has received a permit under section 1824(d) of this title;” for “(4)(C); and”. Subsec. (c)(1)(C). Pub. L. 104–297, § 112(c)(2), (3), added subpar. (C). 1990—Subsec. (c)(1)(B). Pub. L. 101–627, § 112(1), inserted before period at end “and the application specifies the species to be processed”. Subsec. (c)(2). Pub. L. 101–627, § 112(2), added par. (2) and struck out former par. (2) which read as follows: “The Governor of a State may not grant permission for a foreign fishing vessel to engage in fish processing under paragraph (1)(B) if he 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.” 1986—Subsec. (b)(1)(A). Pub. L. 99–659 substituted “exclusive economic zone” for “fishery conservation zone”. 1984—Subsec. (a). Pub. L. 98–623 designated existing provisions as pars. (1) to (3), in par. (2), as so designated, redesignated cls. (1) and (2) as subpars. (A) and (B), respectively, and added subpar. (C), and in par. (3), as so designated, inserted exception relating to par. (2). 1983—Subsec. (a). Pub. L. 97–453 inserted provision delineating the jurisdiction and authority of a State over waters adjacent to the State and over Nantucket Sound. 1982—Subsec. (c). Pub. L. 97–191 added subsec. (c).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 1982 AmendmentPub. L. 97–191, § 3, June 1, 1982, 96 Stat. 108, provided that: “This Act [amending this section and section 1857 of this title] shall take effect on June 1, 1982.”
+
+Authority of States of Washington, Oregon, and California To Manage Dungeness Crab FisheryPub. L. 105–384, title II, § 203, Nov. 13, 1998, 112 Stat. 3453, as amended by Pub. L. 107–77, title VI, § 624, Nov. 28, 2001, 115 Stat. 803; Pub. L. 109–479, title III, § 302(e), Jan. 12, 2007, 120 Stat. 3624; Pub. L. 115–49, § 1, Aug. 18, 2017, 131 Stat. 1000, provided that: “(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 [16 U.S.C. 1801 et seq.]. “(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. “(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 [16 U.S.C. 1801 et seq.]. “(g) Repeal.— [Repealed section 112(d) of Pub. L. 104–297, see below.] “(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) 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 [now Committee on Natural 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.” Pub. L. 104–297, title I, § 112(d), Oct. 11, 1996, 110 Stat. 3596, 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, which provided interim authority to the States of Washington, Oregon, and California to enforce State laws and regulations governing fish harvesting and processing against any vessel operating in the exclusive economic zone off each respective State in a fishery for Dungeness crab (Cancer magister) for which there is no fishery management plan implemented under this chapter, was repealed by Pub. L. 105–384, title II, § 203(g), Nov. 13, 1998, 112 Stat. 3454.
+
+[Repealed section 112(d) of Pub. L. 104–297, see below.]
+
+Foreign Fish Processing in Norton SoundPub. L. 99–509, title V, § 5004, Oct. 21, 1986, 100 Stat. 1912, provided that for purposes of processing pink salmon within the internal waters of the State of Alaska, the geographic area bounded on the north by a parallel of latitude of 64 degrees, 23 minutes, on the south by a parallel of latitude of 63 degrees, 51 minutes, on the east by the baseline from which the territorial sea was measured, and on the west by the outer limit of the territorial sea, was to be considered to be internal waters of the State of Alaska for the purposes of subsec. (c)(4)(B) of this section until Sept. 30, 1993.
+
+Executive Documents
+
+Territorial Sea and Contiguous Zone of United States For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.

legal/us/code/title-16/chapter-38/section-1858.md

@@ -0,0 +1,83 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1858"
+description: "Civil penalties and permit sanctions"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1858"
+citation: "16 U.S.C. § 1858"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1858"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "c304c3d615b48c08b315249e5163f82df25beea91b7a7393e56465595ba72062"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "5d912324dcb938ade9b9f4641f235e2cb8093c1cc1a403434fb9fc95218b1b43"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1858 - Civil penalties and permit sanctions
+
+## Text
+
+(a) Assessment of penalty Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, to have committed an act prohibited by section 1857 or section 1870 of this title shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay, Provided, That the information is served on the Secretary at least 30 days prior to an administrative hearing.
+
+(b) Review of civil penalty Any person against whom a civil penalty is assessed under subsection (a) or against whom a permit sanction is imposed under subsection (g) (other than a permit suspension for nonpayment of penalty or fine) may obtain review thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such order. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed, as provided in section 2112 of title 28. The findings and order of the Secretary shall be set aside by such court if they are not found to be supported by substantial evidence, as provided in section 706(2) of title 5.
+
+(c) Action upon failure to pay assessment If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.
+
+(d) In rem jurisdiction A fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act prohibited by section 1857 of this title shall be liable in rem for any civil penalty assessed for such violation under this section and may be proceeded against in any district court of the United States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel which may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.
+
+(e) Compromise or other action by Secretary The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section.
+
+(f) Subpenas For the purposes of conducting any hearing under this section, the Secretary may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contempt or refusal to obey a subpena served upon any person pursuant to this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
+
+(g) Permit sanctions (1) In any case in which (A) a vessel has been used in the commission of an act prohibited under section 1857 of this title, (B) the owner or operator of a vessel or any other person who has been issued or has applied for a permit under this chapter has acted in violation of section 1857 of this title, (C) any amount in settlement of a civil forfeiture imposed on a vessel or other property, or any civil penalty or criminal fine imposed on a vessel or owner or operator of a vessel or any other person who has been issued or has applied for a permit under any marine resource law enforced by the Secretary has not been paid and is overdue, or (D) any payment required for observer services provided to or contracted by an owner or operator who has been issued a permit or applied for a permit under any marine resource law administered by the Secretary has not been paid and is overdue, the Secretary may—
+
+(i) revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of subsequent permits;
+
+(ii) suspend such permit for a period of time considered by the Secretary to be appropriate;
+
+(iii) deny such permit; or
+
+(iv) impose additional conditions and restrictions on any permit issued to or applied for by such vessel or person under this chapter and, with respect to foreign fishing vessels, on the approved application of the foreign nation involved and on any permit issued under that application.
+
+(2) In imposing a sanction under this subsection, the Secretary shall take into account—
+
+(A) the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed; and
+
+(B) with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require.
+
+(3) Transfer of ownership of a vessel, by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, by sale or otherwise, the owner shall disclose in writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to the vessel at the time of the transfer.
+
+(4) In the case of any permit that is suspended under this subsection for nonpayment of a civil penalty or criminal fine, the Secretary shall reinstate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate.
+
+(5) No sanctions shall be imposed under this subsection unless there has been a prior opportunity for a hearing on the facts underlying the violation for which the sanction is imposed, either in conjunction with a civil penalty proceeding under this section or otherwise.
+
+(Pub. L. 94–265, title III, § 308, Apr. 13, 1976, 90 Stat. 356; Pub. L. 97–453, § 10, Jan. 12, 1983, 96 Stat. 2491; Pub. L. 99–659, title I, § 108, Nov. 14, 1986, 100 Stat. 3713; Pub. L. 101–627, title I, § 114(a), Nov. 28, 1990, 104 Stat. 4454; Pub. L. 104–297, title I, § 114(a)–(c), Oct. 11, 1996, 110 Stat. 3598, 3599; Pub. L. 116–340, § 3(b), (e)(2), Jan. 13, 2021, 134 Stat. 5129.)
+
+## Notes
+
+Amendment of Subsection (a)Pub. L. 116–340, § 3(e), Jan. 13, 2021, 134 Stat. 5129, provided in part that, effective five years after Jan. 13, 2021, subsection (a) of this section is amended by striking “or section 1870” after “section 1857”.
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsec. (g)(1), 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.
+
+Amendments2021—Subsec. (a). Pub. L. 116–340, § 3(e)(2), struck out “or section 1870” after “section 1857”. Pub. L. 116–340, § 3(b), inserted “or section 1870” after “section 1857”. 1996—Subsec. (a). Pub. L. 104–297, § 114(a), struck out “ability to pay,” after “history of prior offenses,” and inserted at end “In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay, Provided, That the information is served on the Secretary at least 30 days prior to an administrative hearing.” Subsec. (b). Pub. L. 104–297, § 114(b), amended first sentence generally. Prior to amendment, first sentence read as follows: “Any person against whom a civil penalty is assessed under subsection (a) of this section may obtain review thereof in the United States district court for the appropriate district by filing a complaint in such court within 30 days from the date of such order and by simultaneously serving a copy of such complaint by certified mail on the Secretary, the Attorney General and the appropriate United States Attorney.” Subsec. (g)(1). Pub. L. 104–297, § 114(c), substituted “(C) any amount in settlement of a civil forfeiture imposed on a vessel or other property, or any civil penalty or criminal fine imposed on a vessel or owner or operator of a vessel or any other person who has been issued or has applied for a permit under any marine resource law enforced by the Secretary has not been paid and is overdue, or (D) any payment required for observer services provided to or contracted by an owner or operator who has been issued a permit or applied for a permit under any marine resource law administered by the Secretary has not been paid and is overdue,” for “or (C) any civil penalty or criminal fine imposed on a vessel or owner or operator of a vessel or any other person who has been issued or has applied for a permit under any fishery resource law statute enforced by the Secretary has not been paid and is overdue,”. 1990—Pub. L. 101–627, § 114(a)(1), inserted “and permit sanctions” after “penalties” in section catchline. Subsec. (a). Pub. L. 101–627, § 114(a)(2), substituted “$100,000” for “$25,000”. Subsec. (g). Pub. L. 101–627, § 114(a)(3), added subsec. (g). 1986—Subsec. (b). Pub. L. 99–659, § 108(1), amended first sentence generally. Prior to amendment, the sentence read as follows: “Any person against whom a civil penalty is assessed under subsection (a) of this section may obtain review thereof in the appropriate court of the United States by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary”. Subsecs. (d) to (f). Pub. L. 99–659, § 108(2), (3), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 1983—Subsec. (e). Pub. L. 97–453 added subsec. (e).
+
+Statutory Notes and Related Subsidiaries
+
+Effective and Termination Dates of 2021 AmendmentPub. L. 116–340, § 3(c), Jan. 13, 2021, 134 Stat. 5129, provided that: “The amendments made by this Act [enacting section 1870 of this title and amending this section] shall take effect 1 year after the date of the enactment of this Act [Jan. 13, 2021].” Pub. L. 116–340, § 3(e), Jan. 13, 2021, 134 Stat. 5129, provided in part that the amendment made by section 3(e)(2) is effective five years after Jan. 13, 2021.
+
+Effective DateSection effective Mar. 1, 1977, see section 312 of Pub. L. 94–265, formerly set out as a note under section 1857 of this title.

legal/us/code/title-16/chapter-38/section-1859.md

@@ -0,0 +1,57 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1859"
+description: "Criminal offenses"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1859"
+citation: "16 U.S.C. § 1859"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1859"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "c00946c987104148f0ed7f437e832b18e4248ce2b685592adbe16883822988cf"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "bbc8cb3fb11d31f8ac172a4240ba4df9aa1c6120a060e391fefac6022b8ae794"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1859 - Criminal offenses
+
+## Text
+
+(a) Offenses A person is guilty of an offense if he commits any act prohibited by—
+
+(1) section 1857(1)(D), (E), (F), (H), (I), or (L) of this title; or
+
+(2) section 1857(2) of this title.
+
+(b) Punishment Any offense described in subsection (a)(1) is punishable by a fine of not more than $100,000, or imprisonment for not more than 6 months, or both; except that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any observer described in section 1857(1)(L) of this title or any officer authorized to enforce the provisions of this chapter (as provided for in section 1861 of this title), or places any such observer or officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $200,000, or imprisonment for not more than 10 years, or both. Any offense described in subsection (a)(2) is punishable by a fine of not more than $200,000.
+
+(c) Jurisdiction There is Federal jurisdiction over any offense described in this section.
+
+(Pub. L. 94–265, title III, § 309, Apr. 13, 1976, 90 Stat. 357; Pub. L. 97–453, § 11(a), Jan. 12, 1983, 96 Stat. 2491; Pub. L. 99–659, title I, § 107(b), Nov. 14, 1986, 100 Stat. 3713; Pub. L. 100–66, § 2, July 10, 1987, 101 Stat. 384; Pub. L. 101–627, title I, § 115, Nov. 28, 1990, 104 Stat. 4455.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsec. (b), 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.
+
+Amendments1990—Subsec. (a)(1). Pub. L. 101–627, § 115(a), amended par. (1) generally, substituting “(I), or (L)” for “or (I)”. Subsec. (b). Pub. L. 101–627, § 115(b), substituted “$100,000” for “$50,000”, substituted “$200,000” for “$100,000” in two places, and inserted “any observer described in section 1857(1)(L) of this title or” after “injury to” and “observer or” before “officer in fear”. 1987—Subsec. (a)(1). Pub. L. 100–66 substituted “(I)” for “(J)”. 1986—Subsec. (a)(1). Pub. L. 99–659 substituted “(H), or (J)” for “or (H)”. 1983—Subsec. (b). Pub. L. 97–453 struck out “, or imprisonment for not more than 1 year, or both” after “subsection (a)(2) is punishable by a fine of not more than $100,000”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 1983 AmendmentPub. L. 97–453, § 11(b), Jan. 12, 1983, 96 Stat. 2491, provided that: “The amendment made by subsection (a) [amending this section] applies with respect to offenses committed under section 309 [this section] on or after the date of the enactment of this Act [Jan. 12, 1983].”
+
+Effective DateSection effective Mar. 1, 1977, see section 312 of Pub. L. 94–265, formerly set out as a note under section 1857 of this title.

legal/us/code/title-16/chapter-38/section-1860.md

@@ -0,0 +1,79 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1860"
+description: "Civil forfeitures"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1860"
+citation: "16 U.S.C. § 1860"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1860"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "f24c744db0bda1d91f0a3fc3de56cd1b99118e093606a6fd5e09789bbf698b87"
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+text_hash: "38034ab7768bc150931c217c7b522987084712e05f60398333fb59d970f0431f"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1860 - Civil forfeitures
+
+## Text
+
+(a) In general Any fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by section 1857 of this title (other than any act for which the issuance of a citation under section 1861(c) of this title is sufficient sanction) shall be subject to forfeiture to the United States. All or part of such vessel may, and all such fish (or the fair market value thereof) shall, be forfeited to the United States pursuant to a civil proceeding under this section.
+
+(b) Jurisdiction of district courts Any district court of the United States which has jurisdiction under section 1861(d) of this title shall have jurisdiction, upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under subsection (a) and any action provided for under subsection (d).
+
+(c) Judgment If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized pursuant to this chapter or for which security has not previously been obtained under subsection (d). The provisions of the customs laws relating to—
+
+(1) the seizure, forfeiture, and condemnation of property for violation of the customs law;
+
+(2) the disposition of such property or the proceeds from the sale thereof; and
+
+(3) the remission or mitigation of any such forfeiture;
+
+shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, unless such provisions are inconsistent with the purposes, policy, and provisions of this chapter. The duties and powers imposed upon the Commissioner of U.S. Customs and Border Protection or other persons under such provisions shall, with respect to this chapter, be performed by officers or other persons designated for such purpose by the Secretary.
+
+(d) Procedure (1) Any officer authorized to serve any process in rem which is issued by a court having jurisdiction under section 1861(d) shall—
+
+(A) stay the execution of such process; or
+
+(B) discharge any fish seized pursuant to such process;
+
+upon the receipt of a satisfactory bond or other security from any person claiming such property. Such bond or other security shall be conditioned upon such person (i) delivering such property to the appropriate court upon order thereof, without any impairment of its value, or (ii) paying the monetary value of such property pursuant to an order of such court. Judgment shall be recoverable on such bond or other security against both the principal and any sureties in the event that any condition thereof is breached, as determined by such court. Nothing in this paragraph may be construed to require the Secretary, except in the Secretary’s discretion or pursuant to the order of a court under section 1861(d) of this title, to release on bond any seized fish or other property or the proceeds from the sale thereof.
+
+(2) Any fish seized pursuant to this chapter may be sold, subject to the approval and direction of the appropriate court, for not less than the fair market value thereof. The proceeds of any such sale shall be deposited with such court pending the disposition of the matter involved.
+
+(e) Rebuttable presumptions (1) For purposes of this section, it shall be a rebuttable presumption that all fish found on board a fishing vessel which is seized in connection with an act prohibited by section 1857 of this title were taken or retained in violation of this chapter.
+
+(2) For purposes of this chapter, it shall be a rebuttable presumption that any fish of a species which spawns in fresh or estuarine waters and migrates to ocean waters that is found on board a vessel is of United States origin if the vessel is within the migratory range of the species during that part of the year to which the migratory range applies.
+
+(3) For purposes of this chapter, it shall be a rebuttable presumption that any vessel that is shoreward of the outer boundary of the exclusive economic zone of the United States or beyond the exclusive economic zone of any nation, and that has gear on board that is capable of use for large-scale driftnet fishing, is engaged in such fishing.
+
+(Pub. L. 94–265, title III, § 310, Apr. 13, 1976, 90 Stat. 357; Pub. L. 97–453, § 12, Jan. 12, 1983, 96 Stat. 2491; Pub. L. 99–659, title I, § 109(a), Nov. 14, 1986, 100 Stat. 3714; Pub. L. 101–627, title I, § 116, Nov. 28, 1990, 104 Stat. 4456; Pub. L. 104–297, title I, § 114(d), Oct. 11, 1996, 110 Stat. 3599; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsecs. (c), (d)(2), and (e), 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.
+
+Amendments1996—Subsec. (e)(3). Pub. L. 104–297 added par. (3). 1990—Subsec. (e). Pub. L. 101–627 designated existing provisions as par. (1) and added par. (2). 1986—Subsec. (c). Pub. L. 99–659, § 109(a)(1), amended second sentence generally. Prior to amendment, second sentence of subsec. (c) read as follows: “The provisions of the customs laws relating to— “(1) the disposition of forfeited property, “(2) the proceeds from the sale of forfeited property, “(3) the remission or mitigation of forfeitures, and “(4) the compromise of claims, shall apply to any forfeiture ordered, and to any case in which forfeiture is alleged to be authorized, under this section, unless such provisions are inconsistent with the purposes, policy, and provisions of this chapter.” Subsec. (d)(1). Pub. L. 99–659, § 109(a)(2), inserted provision that nothing in this paragraph may be construed to require the Secretary, except in the Secretary’s discretion or pursuant to the order of a court under section 1861(d) of this title, to release on bond any seized fish or other property or the proceeds from the sale thereof. 1983—Subsec. (a). Pub. L. 97–453 inserted “(or the fair market value thereof)” after “fish” wherever appearing.
+
+Statutory Notes and Related Subsidiaries
+
+Change of Name “Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in concluding provisions of subsec. (c) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.
+
+Effective DateSection effective Mar. 1, 1977, see section 312 of Pub. L. 94–265, formerly set out as a note under section 1857 of this title.
+
+Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 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. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

legal/us/code/title-16/chapter-38/section-1861a.md

@@ -0,0 +1,457 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1861a"
+description: "Transition to sustainable fisheries"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1861a"
+citation: "16 U.S.C. § 1861a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1861a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "7857cd1b04f19625ad1ae95bde4d25248537162f7eafdcb5239ae694103fc5aa"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "5994b99c548f0a45b6463aaad72ba6da58da54a206fd53b38024fc6b2679a606"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1861a - Transition to sustainable fisheries
+
+## Text
+
+(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.
+
+(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;
+
+(VII) El Niño effects on water temperature;
+
+(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.
+
+(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 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—
+
+(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
+
+(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.
+
+(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 (i) In general 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.
+
+(ii) Review (I) In general The Secretary shall review a spend plan submitted under clause (i) to determine if it is complete and provide notice within 10 days.
+
+(II) Incomplete spend plan If the Secretary determines that a spend plan submitted under clause (i) is not complete, when providing the notice required by subclause (I), the Secretary shall provide a detailed description of the information that is necessary for the spend plan to be determined complete.
+
+(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 (I) Timeline Funds shall be made available to grantees not later than 90 days after the date the Secretary receives a complete spend plan.
+
+(II) Review of completed spend plan and apportionment of funds If so requested, the Director of the Office of Management and Budget may review a completed spend plan concurrently with the Secretary. The Director of the Office of Management and Budget may not delay the timeline described in subclause (I).
+
+(ii) Method The Secretary may provide an allocation of funds under this subsection in the form 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—
+
+(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.
+
+(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 use in fishing in federal 11 So in original. Probably should be capitalized. 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
+
+(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 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 market-value 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 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; Pub. L. 118–229, § 2, Jan. 4, 2025, 138 Stat. 2824.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis 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 ProvisionsA 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.
+
+Amendments2025—Subsec. (a)(6)(D). Pub. L. 118–229, § 2(1), amended subpar. (D) generally. Prior to amendment, subpar. (D) related to spend plans. Subsec. (a)(6)(F)(i). Pub. L. 118–229, § 2(2), amended cl. (i) generally. Prior to amendment, text read as follows: “Funds shall be made available to grantees not later than 90 days after the date the Secretary receives a complete spend plan.” 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,”. 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.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DatePub. 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].”
+
+Budget Request for Department of CommercePub. 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 FisheriesPub. 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.

legal/us/code/title-16/chapter-38/section-1861b.md

@@ -0,0 +1,49 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1861b"
+description: "Fisheries enforcement plans and reporting"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1861b"
+citation: "16 U.S.C. § 1861b"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1861b"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "2821af57ec7271ced040f994d76cfe0b8c3cda715faa7967d26bd0acdddf0627"
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+text_hash: "4bbf61fdac8e8fbecde3dcfcc0ea06400ce424cce9bc7e6855a97ece6ae33083"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1861b - Fisheries enforcement plans and reporting
+
+## Text
+
+(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 Secretary 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.)
+
+## Notes
+
+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
+
+Termination of Reporting RequirementFor 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.

legal/us/code/title-16/chapter-38/section-1862.md

@@ -0,0 +1,145 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1862"
+description: "North Pacific fisheries conservation"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1862"
+citation: "16 U.S.C. § 1862"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1862"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "494ec71e0c0990dda05cf328f2d034ceb5f8f33838b26b628f296fb3c08aa7cf"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "72716c6877a4ca38919e44a4e9706ec1407dcdeb80b3aeedb061cfc38e6c1792"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1862 - North Pacific fisheries conservation
+
+## Text
+
+(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,11 So in original. 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 combined cost of (i) stationing observers, or electronic monitoring systems, on board fishing vessels and United States fish processors, (ii) the actual cost of inputting collected data, and (iii) assessments necessary for a risk-sharing pool implemented under subsection (e) of this section, less any amount received for such purpose from another source or from an existing surplus in the North Pacific Fishery Observer Fund established in subsection (d) of this section;
+
+(B) be fair and equitable to all participants in the fisheries under the jurisdiction of the Council, including the Northern Pacific halibut fishery;
+
+(C) provide that fees collected not be used to pay any costs of administrative overhead or other costs not directly incurred in carrying out the plan;
+
+(D) not be used to offset amounts authorized under other provisions of law;
+
+(E) be expressed as a fixed amount reflecting actual observer costs as described in subparagraph (A) or a percentage, not to exceed 2 percent, of the unprocessed ex-vessel value of fish and shellfish harvested under the jurisdiction of the Council, including the Northern Pacific halibut fishery;
+
+(F) be assessed against some or all fishing vessels and United States fish processors, including those not required to carry an observer or an electronic monitoring system under the plan, participating in fisheries under the jurisdiction of the Council, including the Northern Pacific halibut fishery;
+
+(G) provide that fees collected will be deposited in the North Pacific Fishery Observer Fund established under subsection (d) of this section;
+
+(H) provide that fees collected will only be used for implementing the plan established under this section;
+
+(I) provide that fees collected will be credited against any fee for stationing observers or electronic monitoring systems on board fishing vessels and United States fish processors and the actual cost of inputting collected data to which a fishing vessel or fish processor is subject under section 1854(d) of this title; and
+
+(J) meet the requirements of section 9701(b) of title 31.
+
+(c) Action by Secretary (1) Within 60 days after receiving a plan or plan amendment from the North Pacific Council under this section, the Secretary shall review such plan or plan amendment and either (A) remand such plan or plan amendment to the Council with comments if it does not meet the requirements of this section, or (B) publish in the Federal Register proposed regulations for implementing such plan or plan amendment.
+
+(2) During the 60-day public comment period, the Secretary shall conduct a public hearing in each State represented on the Council for the purpose of receiving public comments on the proposed regulations.
+
+(3) Within 45 days of the close of the public comment period, the Secretary, in consultation with the Council, shall analyze the public comment received and publish final regulations for implementing such plan.
+
+(4) If the Secretary remands a plan or plan amendment to the Council for failure to meet the requirements of this section, the Council may resubmit such plan or plan amendment at any time after taking action the Council believes will address the defects identified by the Secretary. Any plan or plan amendment resubmitted to the Secretary will be treated as an original plan submitted to the Secretary under paragraph (1) of this subsection.
+
+(d) Fishery Observer Fund There is established in the Treasury a North Pacific Fishery Observer Fund. The Fund shall be available, without appropriation or fiscal year limitation, only to the Secretary for the purpose of carrying out the provisions of this section, subject to the restrictions in subsection (b)(2) of this section. The Fund shall consist of all monies deposited into it in accordance with this section. Sums in the Fund that are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.
+
+(e) Special provisions regarding observers (1) The Secretary shall review—
+
+(A) the feasibility of establishing a risk sharing pool through a reasonable fee, subject to the limitations of subsection (b)(2)(E) of this section, to provide coverage for vessels and owners against liability from civil suits by observers, and
+
+(B) the availability of comprehensive commercial insurance for vessel and owner liability against civil suits by observers.
+
+(2) If the Secretary determines that a risk sharing pool is feasible, the Secretary shall establish such a pool, subject to the provisions of subsection (b)(2) of this section, unless the Secretary determines that—
+
+(A) comprehensive commercial insurance is available for all fishing vessels and United States fish processors required to have observers under the provisions of this section, and
+
+(B) such comprehensive commercial insurance will provide a greater measure of coverage at a lower cost to each participant.
+
+(f) Bycatch reduction In implementing section 1853(a)(11) of this title and this section, the North Pacific Council shall submit conservation and management measures to lower, on an annual basis for a period of not less than four years, the total amount of economic discards occurring in the fisheries under its jurisdiction.
+
+(g) Bycatch reduction incentives (1) Notwithstanding section 1854(d) of this title, the North Pacific Council may submit, and the Secretary may approve, consistent with the provisions of this chapter, a system of fines in a fishery to provide incentives to reduce bycatch and bycatch rates; except that such fines shall not exceed $25,000 per vessel per season. Any fines collected shall be deposited in the North Pacific Fishery Observer Fund, and may be made available by the Secretary to offset costs related to the reduction of bycatch in the fishery from which such fines were derived, including conservation and management measures and research, and to the State of Alaska to offset costs incurred by the State in the fishery from which such penalties were derived or in fisheries in which the State is directly involved in management or enforcement and which are directly affected by the fishery from which such penalties were derived.
+
+(2) (A) Notwithstanding section 1853(d) of this title, and in addition to the authority provided in section 1853(b)(10) of this title, the North Pacific Council may submit, and the Secretary may approve, conservation and management measures which provide allocations of regulatory discards to individual fishing vessels as an incentive to reduce per vessel bycatch and bycatch rates in a fishery, Provided, That—
+
+(i) such allocations may not be transferred for monetary consideration and are made only on an annual basis; and
+
+(ii) any such conservation and management measures will meet the requirements of subsection (h) and will result in an actual reduction in regulatory discards in the fishery.
+
+(B) The North Pacific Council may submit restrictions in addition to the restriction imposed by clause (i) of subparagraph (A) on the transferability of any such allocations, and the Secretary may approve such recommendation.
+
+(h) Catch measurement (1) By June 1, 1997 the North Pacific Council shall submit, and the Secretary may approve, consistent with the other provisions of this chapter, conservation and management measures to ensure total catch measurement in each fishery under the jurisdiction of such Council. Such measures shall ensure the accurate enumeration, at a minimum, of target species, economic discards, and regulatory discards.
+
+(2) To the extent the measures submitted under paragraph (1) do not require United States fish processors and fish processing vessels (as defined in chapter 21 of title 46) to weigh fish, the North Pacific Council and the Secretary shall submit a plan to the Congress by January 1, 1998, to allow for weighing, including recommendations to assist such processors and processing vessels in acquiring necessary equipment, unless the Council determines that such weighing is not necessary to meet the requirements of this subsection.
+
+(i) Full retention and utilization (1) The North Pacific Council shall submit to the Secretary by October 1, 1998 a report on the advisability of requiring the full retention by fishing vessels and full utilization by United States fish processors of economic discards in fisheries under its jurisdiction if such economic discards, or the mortality of such economic discards, cannot be avoided. The report shall address the projected impacts of such requirements on participants in the fishery and describe any full retention and full utilization requirements that have been implemented.
+
+(2) The report shall address the advisability of measures to minimize processing waste, including standards setting minimum percentages which must be processed for human consumption. For the purpose of the report, “processing waste” means that portion of any fish which is processed and which could be used for human consumption or other commercial use, but which is not so used.
+
+(j) Bering Sea and Aleutian Islands crab rationalization (1) By not later than January 1, 2005, the Secretary shall approve and hereafter 22 See References in Text note below. implement by regulation the Voluntary Three-Pie Cooperative Program for crab fisheries of the Bering Sea and Aleutian Islands approved by the North Pacific Fishery Management Council between June 2002 and April 2003, and all trailing amendments including those reported to Congress on May 6, 2003. This section shall not preclude the Secretary from approving by January 1, 2005, and implementing any subsequent program amendments approved by the Council.
+
+(2) Notwithstanding any other provision of this chapter, in carrying out paragraph (1) the Secretary shall approve all parts of the Program referred to in such paragraph. Further, no part of such Program may be implemented if, as approved by the North Pacific Fishery Management Council, individual fishing quotas, processing quotas, community development quota allocation, voluntary cooperatives, binding arbitration, regional landing and processing requirements, community protections, economic data collection, or the loan program for crab fishing vessel captains and crew members, is invalidated subject to a judicial determination not subject to judicial appeal. If the Secretary determines that a processor has leveraged its Individual Processor Quota shares to acquire a harvesters open-delivery “B shares”, the processor’s Individual Processor Quota shares shall be forfeited.
+
+(3) Subsequent to implementation pursuant to paragraph (1), the Council may submit and the Secretary may implement changes to or repeal of conservation and management measures, including measures authorized in this section, for crab fisheries of the Bering Sea and Aleutian Islands in accordance with applicable law, including this chapter as amended by this subsection, to achieve on a continuing basis the purposes identified by the Council.
+
+(4) The loan program referred to in paragraph (2) shall be carried out pursuant to the authority of sections 53735 and 53702(b) of title 46.
+
+(5) For purposes of implementing this section $1,000,000 shall be made available each year until fully implemented from funds otherwise made available to the National Marine Fisheries Service for Alaska fisheries activities.
+
+(6) Nothing in this chapter shall constitute a waiver, either express or implied, of the antitrust laws of the United States. The Secretary, in consultation with the Department of Justice and the Federal Trade Commission, shall develop and implement a mandatory information collection and review process to provide any and all information necessary for the Department of Justice and the Federal Trade Commission to determine whether any illegal acts of anti-competition, anti-trust, or price collusion have occurred among persons receiving individual processing quotas under the Program. The Secretary may revoke any individual processing quota held by any person found to have violated a provision of the antitrust laws of the United States.
+
+(7) An individual processing quota issued under the Program shall be considered a permit for the purposes of sections 1857, 1858, and 1859 of this title, and may be revoked or limited at any time in accordance with this chapter. Issuance of an individual processing quota under the program shall not confer any right of compensation to the holder of such individual processing quota if it is revoked or limited and shall not create, or be construed to create, any right, title, or interest in or to any fish before the fish is purchased from an individual fishing quota holder.
+
+(8) The restriction on the collection of economic data in section 1853 of this title shall not apply with respect to any fish processor who is eligible for, or who has received, individual processing quota under the Program. The restriction on the disclosure of information in section 1881a(b)(1) of this title shall not apply when the information is used to determine eligibility for or compliance with an individual processing quota program.
+
+(9) The provisions of sections 1858, 1860, and 1861 of this title shall apply to the processing facilities and fish products of any person holding individual processing quota, and the provisions of subparagraphs (D), (E), and (L) of section 1857(l) 33 So in original. Probably should be section “1857(1)”. of this title shall apply to any facility owned or controlled by a person holding individual processing quota.
+
+(Pub. L. 94–265, title III, § 313, as added Pub. L. 101–627, title I, § 118(a), Nov. 28, 1990, 104 Stat. 4457; amended Pub. L. 102–582, title IV, § 404, Nov. 2, 1992, 106 Stat. 4909; Pub. L. 104–297, title I, § 117(a), Oct. 11, 1996, 110 Stat. 3603; Pub. L. 108–199, div. B, title VIII, § 801, Jan. 23, 2004, 118 Stat. 108; Pub. L. 109–479, title II, § 214, Jan. 12, 2007, 120 Stat. 3619.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsecs. (g)(1), (h)(1), and (j)(2), (3), (6), (7), 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. Hereafter, referred to in subsec. (j)(1), probably means on and after the date of enactment of Pub. L. 108–199, which enacted subsec. (j) of this section and was approved Jan. 23, 2004.
+
+Codification In subsec. (j)(4), “sections 53735 and 53702(b) of title 46” substituted for “sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g)” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted sections 53702 and 53735 of Title 46, Shipping.
+
+Amendments2007—Subsec. (a). Pub. L. 109–479, § 214(1), substituted “any fishery under the Council’s jurisdiction except a salmon fishery” for “all fisheries under the Council’s jurisdiction except salmon fisheries” in introductory provisions. Subsec. (a)(2). Pub. L. 109–479, § 214(2), added par. (2) and struck out former par. (2) which read as follows: “establishes a system of fees to pay for the costs of implementing the plan.” Subsec. (b)(2)(A). Pub. L. 109–479, § 214(3), substituted “observers, or electronic monitoring systems,” for “observers”. Subsec. (b)(2)(E). Pub. L. 109–479, § 214(4), inserted “a fixed amount reflecting actual observer costs as described in subparagraph (A) or” after “expressed as”. Subsec. (b)(2)(F). Pub. L. 109–479, § 214(5), (6), inserted “some or” after “against” and “or an electronic monitoring system” after “observer”. Subsec. (b)(2)(I), (J). Pub. L. 109–479, § 214(7), (8), added subpar. (I) and redesignated former subpar. (I) as (J). 2004—Subsec. (j). Pub. L. 108–199 added subsec. (j). 1996—Pub. L. 104–297, § 117(a)(1), substituted “conservation” for “research plan” in section catchline. Subsec. (a). Pub. L. 104–297, § 117(a)(2), substituted “North Pacific Council” for “North Pacific Fishery Management Council” in introductory provisions. Subsecs. (f) to (i). Pub. L. 104–297, § 117(a)(3), added subsecs. (f) to (i). 1992—Subsec. (b)(2)(E). Pub. L. 102–582 substituted “2 percent, of the unprocessed ex-vessel” for “one percentum, of the”.
+
+Statutory Notes and Related Subsidiaries
+
+FeesPub. L. 117–328, div. S, title I, § 106, Dec. 29, 2022, 136 Stat. 5260, provided that: “(a) In General.—The North Pacific Fishery Management Council may recommend, and the Secretary of Commerce may approve, regulations necessary for the collection of fees from charter vessel operators who guide recreational anglers who harvest Pacific halibut in International Pacific Halibut Commission regulatory areas 2C and 3A as those terms are defined in part 300 of title 50, Code of Federal Regulations (or any successor regulations). “(b) Use of Fees.—Any fees collected under this section shall be available for the purposes of—“(1) financing administrative costs of the Recreational Quota Entity program; “(2) the purchase of halibut quota shares in International Pacific Halibut Commission regulatory areas 2C and 3A by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations); “(3) halibut conservation and research; and “(4) promotion of the halibut resource by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations). “(c) Limitation on Collection and Availability.—Fees shall be collected and available pursuant to this section only to the extent and in such amounts as provided in advance in appropriations Acts, subject to subsection (d). “(d) Fee Collected During Start-up Period.—Notwithstanding subsection (c), fees may be collected through the date of enactment of an Act making appropriations for the activities authorized under this Act [div. S of Pub. L. 117–328] through September 30, 2023, and shall be available for obligation and remain available until expended.”

legal/us/code/title-16/chapter-38/section-1863.md

@@ -0,0 +1,65 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1863"
+description: "Northwest Atlantic Ocean Fisheries Reinvestment Program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1863"
+citation: "16 U.S.C. § 1863"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1863"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "ec1462bac119d5790c8211788c64dfa3193b9e2b5254130de3363e9d0fa33e8b"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "4df3f9e989d5871700abeebdad597364f316ea04bc727c197e3453942078188f"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1863 - Northwest Atlantic Ocean Fisheries Reinvestment Program
+
+## Text
+
+(a) Program (1) Not later than October 1, 1993, the Secretary shall establish a Northwest Atlantic Ocean Fisheries Reinvestment Program for the purposes of—
+
+(A) promoting development of commercial fisheries and markets for underutilized species of the northwest Atlantic Ocean;
+
+(B) developing alternative fishing opportunities for participants in the New England groundfish fishery;
+
+(C) providing technical support and assistance to United States fishermen and fish processors to improve the value-added processing of underutilized species and to make participation in fisheries for underutilized species of the northwest Atlantic Ocean economically viable;
+
+(D) creating new economic opportunities through the improved processing and expanded use of fish waste; and
+
+(E) helping to restore overfished New England groundfish stocks through aquaculture or hatchery programs.
+
+(2) Consultation.— In establishing and implementing the Northwest Fisheries Reinvestment Program, the Secretary shall consult with representatives of the commercial fishing industry, the seafood processing industry, and the academic community (including the National Sea Grant Program).
+
+(3) Activities Under Program.— Subject to the availability of appropriations, the Secretary shall award contracts, grants and other financial assistance to United States citizens to carry out the purposes of subsection 11 So in original. Probably should be “paragraph”. (1), under the terms and conditions provided in section 713c–3(c) of title 15, except that, in making awards under this section for projects involving participation in fisheries for underutilized species, the Secretary shall give the highest priority to a person who owns or operates a fishing vessel permitted under this chapter to participate in the New England groundfish fishery who agrees to surrender that permit to the Secretary during the duration of the contract, grant or other assistance.
+
+(4) Authorization of Appropriations.— There are authorized to be appropriated $5,000,000 for each of fiscal years 1993 through 1999 to carry out the purposes of this section. For fiscal year 1993 no more than $1,000,000, and for fiscal year 1994 no more than $2,000,000, of such funds may be provided from monies made available under section 713c–3(b) of title 15.
+
+(b) Assistance of other agencies The Secretary shall actively seek the assistance of other Federal agencies in the development of fisheries for underutilized species of the northwest Atlantic Ocean, including, to the extent permitted by other applicable laws, assistance from the Secretary of Agriculture in including such underutilized species as agricultural commodities in the programs of the Foreign Agricultural Service for which amounts are authorized under the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 104 Stat. 3359).
+
+(c) Management plans for underutilized species The New England Fishery Management Council, in consultation with other appropriate Councils, shall develop fishery management plans as soon as possible for any underutilized species of the northwest Atlantic Ocean that is not covered under such a plan, in order to prevent overfishing of that species.
+
+(d) “Underutilized species” defined For purposes of this section, the term “underutilized species of the northwest Atlantic Ocean” means any fish species of the northwest Atlantic Ocean that is identified, by the Director of the Northeast Fisheries Center of the National Marine Fisheries Service, as an underutilized species.
+
+(Pub. L. 94–265, title III, § 314, as added Pub. L. 102–567, title IX, § 902(a), Oct. 29, 1992, 106 Stat. 4317; amended Pub. L. 104–297, title I, § 117(b), Oct. 11, 1996, 110 Stat. 3604.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsec. (a)(3), 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. The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (b), is Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3359. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 1421 of Title 7, Agriculture, and Tables.
+
+Amendments1996—Subsec. (a)(4). Pub. L. 104–297 substituted “1999” for “1997”.

legal/us/code/title-16/chapter-38/section-1864.md

@@ -0,0 +1,37 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1864"
+description: "Repealed. Pub. L. 117–328, div. S, title II, § 203(a), Dec. 29, 2022, 136 Stat. 5269"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1864"
+citation: "16 U.S.C. § 1864"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1864"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "ceffff3259c54a40c64a43829f8be5c3e3707dd9de08e802b61a1d99df84d513"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "2929bd54e40fd6c33c5a119625d2b96598483695d55f09662ffcc880b12cf58b"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1864 - Repealed. Pub. L. 117–328, div. S, title II, § 203(a), Dec. 29, 2022, 136 Stat. 5269
+
+## Notes
+
+Section, Pub. L. 94–265, title III, § 315, as added Pub. L. 109–479, title I, § 113(a), Jan. 12, 2007, 120 Stat. 3601, related to regional coastal disaster assistance, transition, and recovery program.
+
+Statutory Notes and Related Subsidiaries
+
+Fisheries Hurricane Assistance ProgramPub. L. 109–479, title I, § 115, Jan. 12, 2007, 120 Stat. 3604, provided that the Secretary of Commerce would establish an assistance program for the Gulf of Mexico commercial and recreational fishing industry and provided for allocation and use of funds for the program, with $17,500,000 appropriated for each of fiscal years 2007 through 2012 to carry out this section.

legal/us/code/title-16/chapter-38/section-1865.md

@@ -0,0 +1,79 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1865"
+description: "Bycatch reduction engineering program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1865"
+citation: "16 U.S.C. § 1865"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1865"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "1c182e72db3bd7b52569551158b1d5ca11956e7b3903a20d3641f41de30cfaae"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "8282ff56496d965b587c7422bc6f7b7e830b35dcbd17b0f224ad68a35e5904ee"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1865 - Bycatch reduction engineering program
+
+## Text
+
+(a) Bycatch reduction engineering program Not later than 1 year after January 12, 2007, the Secretary, in cooperation with the Councils and other affected interests, and based upon the best scientific information available, shall establish a bycatch reduction program, including grants, to develop technological devices and other conservation engineering changes designed to minimize bycatch, seabird interactions, bycatch mortality, and post-release mortality in Federally managed fisheries. The program shall—
+
+(1) be regionally based;
+
+(2) be coordinated with projects conducted under the cooperative research and management program established under this chapter;
+
+(3) provide information and outreach to fishery participants that will encourage adoption and use of technologies developed under the program; and
+
+(4) provide for routine consultation with the Councils in order to maximize opportunities to incorporate results of the program in Council actions and provide incentives for adoption of methods developed under the program in fishery management plans developed by the Councils.
+
+(b) Incentives Any fishery management plan prepared by a Council or by the Secretary may establish a system of incentives to reduce total bycatch and seabird interactions, amounts, bycatch rates, and post-release mortality in fisheries under the Council’s or Secretary’s jurisdiction, including—
+
+(1) measures to incorporate bycatch into quotas, including the establishment of collective or individual bycatch quotas;
+
+(2) measures to promote the use of gear with verifiable and monitored low bycatch and seabird interactions, rates; and
+
+(3) measures that, based on the best scientific information available, will reduce bycatch and seabird interactions, bycatch mortality, post-release mortality, or regulatory discards in the fishery.
+
+(c) Coordination on seabird interactions The Secretary, in coordination with the Secretary of 11 So in original. Probably should be “of the”. Interior, is authorized to undertake projects in cooperation with industry to improve information and technology to reduce seabird bycatch, including—
+
+(1) outreach to industry on new technologies and methods;
+
+(2) projects to mitigate for seabird mortality; and
+
+(3) actions at appropriate international fishery organizations to reduce seabird interactions in fisheries.
+
+(d) Report The Secretary shall transmit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources that—
+
+(1) describes funding provided to implement this section;
+
+(2) describes developments in gear technology achieved under this section; and
+
+(3) describes improvements and reduction in bycatch and seabird interactions associated with implementing this section, as well as proposals to address remaining bycatch or seabird interaction problems.
+
+(Pub. L. 94–265, title III, § 316, as added Pub. L. 109–479, title I, § 116(a), Jan. 12, 2007, 120 Stat. 3605.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsec. (a)(2), 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.
+
+Statutory Notes and Related Subsidiaries
+
+Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
+
+Improving Discard Mortality DataPub. L. 116–340, § 4, Jan. 13, 2021, 134 Stat. 5129, provided that: “(a) Agreement.—Not later than 60 days after the date of the enactment of this Act [Jan. 13, 2021], the Secretary shall enter into an agreement with the National Academy of Sciences to conduct a study and produce a report on discard mortality in the Gulf of Mexico reef fish fisheries. The study shall include—“(1) assessment of gaps and biases in reporting of discards and associated discard mortality; “(2) assessment of uncertainty and likely impacts of such uncertainty in discard mortality; “(3) assessment of the effectiveness and usage rates of barotrauma-reducing devices; “(4) recommendations for future research priorities; and “(5) recommendations for standardized reporting and quantification of discards in the same metric as landings for fisheries under the Gulf of Mexico Reef Fish Fishery Management Plan. “(b) Deadlines.—Not later than 2 years after the date of the enactment of this Act, the National Academy of Sciences shall complete the study required under subsection (a) and transmit the final report to the Secretary. Not later than 3 months after receiving the study and report in accordance with this subsection, the Secretary shall submit the study and report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives. “(c) Plan.—Not later than 1 year after the Secretary receives the study and report required under subsection (a), Secretary and the Gulf of Mexico Fishery Management Council shall develop—“(1) guidance for minimum standards for quantifying and reporting discards and associated mortality in the Gulf of Mexico Reef Fish Fishery Management Plan; and “(2) a plan to assess and monitor the effectiveness and usage of barotrauma-reducing devices and the impact on discard mortality rates in Gulf of Mexico reef fish fisheries. “(d) Follow-Up Report.—Not later than 3 years after developing minimum standards and developing the assessment and monitoring plan under subsection (c), the Secretary shall provide a detailed report on implementation to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.”

legal/us/code/title-16/chapter-38/section-1866.md

@@ -0,0 +1,35 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1866"
+description: "Shark feeding"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1866"
+citation: "16 U.S.C. § 1866"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1866"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "cae1744464939ebac4f4cc9466452550fce6065865cbf2a3f665c539d6560e7d"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "7826ceac913bb536b3833c481fc68e823362db44d5aec50afd57b69917cf482a"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1866 - Shark feeding
+
+## Text
+
+Except to the extent determined by the Secretary, or under State law, as presenting no public health hazard or safety risk, or when conducted as part of a research program funded in whole or in part by appropriated funds, it is unlawful to introduce, or attempt to introduce, food or any other substance into the water to attract sharks for any purpose other than to harvest sharks within the Exclusive Economic Zone seaward of the State of Hawaii and of the Commonwealths, territories, and possessions of the United States in the Pacific Ocean Area.
+
+(Pub. L. 94–265, title III, § 317, as added Pub. L. 109–479, title I, § 119, Jan. 12, 2007, 120 Stat. 3607.)

legal/us/code/title-16/chapter-38/section-1867.md

@@ -0,0 +1,61 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1867"
+description: "Cooperative research and management program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1867"
+citation: "16 U.S.C. § 1867"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1867"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "b27ca2447ec5d729e8edbee670315bc3bc4227968f8d84d53e6b622d70ad7832"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "a1cefc260f3d14e89df9db209500417a3976201f2036ef9a392369947572b097"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1867 - Cooperative research and management program
+
+## Text
+
+(a) In general The Secretary of Commerce, in consultation with the Councils, shall establish a cooperative research and management program to address needs identified under this chapter and under any other marine resource laws enforced by the Secretary. The program shall be implemented on a regional basis and shall be developed and conducted through partnerships among Federal, State, and Tribal managers and scientists (including interstate fishery commissions), fishing industry participants (including use of commercial charter or recreational vessels for gathering data), and educational institutions.
+
+(b) Eligible projects The Secretary shall make funds available under the program for the support of projects to address critical needs identified by the Councils in consultation with the Secretary. The program shall promote and encourage efforts to utilize sources of data maintained by other Federal agencies, State agencies, or academia for use in such projects.
+
+(c) Funding In making funds available the Secretary shall award funding on a competitive basis and based on regional fishery management needs, select programs that form part of a coherent program of research focused on solving priority issues identified by the Councils, and shall give priority to the following projects:
+
+(1) Projects to collect data to improve, supplement, or enhance stock assessments, including the use of fishing vessels or acoustic or other marine technology.
+
+(2) Projects to assess the amount and type of bycatch or post-release mortality occurring in a fishery.
+
+(3) Conservation engineering projects designed to reduce bycatch, including avoidance of post-release mortality, reduction of bycatch in high seas fisheries, and transfer of such fishing technologies to other nations.
+
+(4) Projects for the identification of habitat areas of particular concern and for habitat conservation.
+
+(5) Projects designed to collect and compile economic and social data.
+
+(d) Experimental permitting process Not later than 180 days after January 12, 2007, the Secretary, in consultation with the Councils, shall promulgate regulations that create an expedited, uniform, and regionally-based process to promote issuance, where practicable, of experimental fishing permits.
+
+(e) Guidelines The Secretary, in consultation with the Councils, shall establish guidelines to ensure that participation in a research project funded under this section does not result in loss of a participant’s catch history or unexpended days-at-sea as part of a limited entry system.
+
+(f) Exempted projects The procedures of this section shall not apply to research funded by quota set-asides in a fishery.
+
+(Pub. L. 94–265, title III, § 318, as added Pub. L. 109–479, title II, § 204, Jan. 12, 2007, 120 Stat. 3614.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsec. (a), 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.

legal/us/code/title-16/chapter-38/section-1868.md

@@ -0,0 +1,39 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1868"
+description: "Herring study"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1868"
+citation: "16 U.S.C. § 1868"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1868"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "3ae06a5be0dd8e325608bdd8394d8b36704d194c444870406b7220889685ca39"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "cc8eb2018659a3eaa61b4a0b6a155f269453a31e773e8e17dd8c89280503d8bd"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1868 - Herring study
+
+## Text
+
+(a) In general The Secretary may conduct a cooperative research program to study the issues of abundance, distribution and the role of herring as forage fish for other commercially important fish stocks in the Northwest Atlantic, and the potential for local scale depletion from herring harvesting and how it relates to other fisheries in the Northwest Atlantic. In planning, designing, and implementing this program, the Secretary shall engage multiple fisheries sectors and stakeholder groups concerned with herring management.
+
+(b) Report The Secretary shall present the final results of this study to Congress within 3 months following the completion of the study, and an interim report at the end of fiscal year 2008.
+
+(c) Authorization of appropriations There are authorized to be appropriated $2,000,000 for fiscal year 2007 through fiscal year 2009 to conduct this study.
+
+(Pub. L. 94–265, title III, § 319, as added Pub. L. 109–479, title II, § 205, Jan. 12, 2007, 120 Stat. 3615.)

legal/us/code/title-16/chapter-38/section-1869.md

@@ -0,0 +1,37 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1869"
+description: "Restoration study"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1869"
+citation: "16 U.S.C. § 1869"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1869"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "3e7897e3098681a44cf428b079efdfcaf76a17b5d3b4f934efdfea1260332f31"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "a980597691b0eb5c0ee71307f24f76a36b8d876c824876ae8368cc9187e6317b"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1869 - Restoration study
+
+## Text
+
+(a) In general The Secretary may conduct a study to update scientific information and protocols needed to improve restoration techniques for a variety of coast habitat types and synthesize the results in a format easily understandable by restoration practitioners and local communities.
+
+(b) Authorization of appropriations There are authorized to be appropriated $500,000 for fiscal year 2007 to conduct this study.
+
+(Pub. L. 94–265, title III, § 320, as added Pub. L. 109–479, title II, § 206, Jan. 12, 2007, 120 Stat. 3615.)

legal/us/code/title-16/chapter-38/section-1870.md

@@ -0,0 +1,69 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1870"
+description: "Required possession of descending devices"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1870"
+citation: "16 U.S.C. § 1870"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1870"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1870 - Required possession of descending devices
+
+## Text
+
+(a) Require gear in the Gulf reef fish fishery It shall be unlawful for a person on board a commercial or recreational vessel to fish for Gulf reef fish in the Gulf of Mexico Exclusive Economic Zone without possessing on board the vessel a venting tool or a descending device that is rigged and ready for use while fishing is occurring.
+
+(b) Savings clause No provision of this section shall be interpreted to affect any program or activity carried out by the Gulf Coast Ecosystem Restoration Council established by the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note), or any project contained in an approved Restoration Plan developed by any Natural Resources Damage Assessment Trustee Implementation Group to reduce post-release mortality from barotrauma in Gulf of Mexico Reef Fish Recreational Fisheries.
+
+(c) Definitions In this section:
+
+(1) Descending device The term “descending device” means an instrument that—
+
+(A) will release fish at a depth sufficient for the fish to be able to recover from the effects of barotrauma;
+
+(B) is a weighted hook, lip clamp, or box that will hold the fish while it is lowered to depth, or another device determined to be appropriate by the Secretary; and
+
+(C) is capable of—
+
+(i) releasing the fish automatically;
+
+(ii) releasing the fish by actions of the operator of the device; or
+
+(iii) allowing the fish to escape on its own.
+
+(2) Venting tool The term “venting tool” has the meaning given to it by the Gulf of Mexico Fishery Management Council.
+
+(3) Gulf reef fish The term “Gulf reef fish” means any fish chosen by the Gulf of Mexico Fishery Management Council that is in the reef Fishery Management Plan for the purposes of this chapter.
+
+(Pub. L. 94–265, title III, § 321, as added Pub. L. 116–340, § 3(a), Jan. 13, 2021, 134 Stat. 5128.)
+
+## Notes
+
+Termination of SectionFor termination of section five years after Jan. 13, 2021, see Effective and Termination Dates note below.
+
+Editorial Notes
+
+References in TextThe Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, referred to in subsec. (b), is subtitle F (§ 1601 et seq.) of Pub. L. 112–141, div. A, title I, July 6, 2012, 126 Stat. 588, which is set out as a note under section 1321 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Tables. This chapter, referred to in subsec. (c)(3), 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.
+
+Statutory Notes and Related Subsidiaries
+
+Effective and Termination DatesSection effective 1 year after Jan. 13, 2021, see section 3(c) of Pub. L. 116–340, set out as an Effective and Termination Dates of 2021 Amendment note under section 1858 of this title. Pub. L. 116–340, § 3(e), Jan. 13, 2021, 134 Stat. 5129, provided in part that the termination of this section by section 3(e)(3) is effective five years after Jan. 13, 2021.

legal/us/code/title-16/chapter-38/section-1881.md

@@ -0,0 +1,189 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1881"
+description: "Registration and information management"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1881"
+citation: "16 U.S.C. § 1881"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1881"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1881 - Registration and information management
+
+## Text
+
+(a) Standardized fishing vessel registration and information management system The Secretary shall, in cooperation with the Secretary of the department in which the Coast Guard is operating, the States, the Councils, and Marine Fisheries Commissions, develop recommendations for implementation of a standardized fishing vessel registration and information management system on a regional basis. The recommendations shall be developed after consultation with interested governmental and nongovernmental parties and shall—
+
+(1) be designed to standardize the requirements of vessel registration and information collection systems required by this chapter, the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), and any other marine resource law implemented by the Secretary, and, with the permission of a State, any marine resource law implemented by such State;
+
+(2) integrate information collection programs under existing fishery management plans into a non-duplicative information collection and management system;
+
+(3) avoid duplication of existing State, tribal, or Federal systems and shall utilize, to the maximum extent practicable, information collected from existing systems;
+
+(4) provide for implementation of the system through cooperative agreements with appropriate State, regional, or tribal entities and Marine Fisheries Commissions;
+
+(5) provide for funding (subject to appropriations) to assist appropriate State, regional, or tribal entities and Marine Fisheries Commissions in implementation;
+
+(6) establish standardized units of measurement, nomenclature, and formats for the collection and submission of information;
+
+(7) minimize the paperwork required for vessels registered under the system;
+
+(8) include all species of fish within the geographic areas of authority of the Councils and all fishing vessels including charter fishing vessels, but excluding recreational fishing vessels;
+
+(9) require United States fish processors, and fish dealers and other first ex-vessel purchasers of fish that are subject to the proposed system, to submit information (other than economic information) which may be necessary to meet the goals of the proposed system; and
+
+(10) include procedures necessary to ensure—
+
+(A) the confidentiality of information collected under this section in accordance with section 1881a(b) of this title; and
+
+(B) the timely release or availability to the public of information collected under this section consistent with section 1881a(b) of this title.
+
+(b) Fishing vessel registration The proposed registration system should, at a minimum, obtain the following information for each fishing vessel—
+
+(1) the name and official number or other identification, together with the name and address of the owner or operator or both;
+
+(2) gross tonnage, vessel capacity, type and quantity of fishing gear, mode of operation (catcher, catcher processor, or other), and such other pertinent information with respect to vessel characteristics as the Secretary may require; and
+
+(3) identification (by species, gear type, geographic area of operations, and season) of the fisheries in which the fishing vessel participates.
+
+(c) Fishery information The proposed information management system should, at a minimum, provide basic fisheries performance information for each fishery, including—
+
+(1) the number of vessels participating in the fishery including charter fishing vessels;
+
+(2) the time period in which the fishery occurs;
+
+(3) the approximate geographic location or official reporting area where the fishery occurs;
+
+(4) a description of fishing gear used in the fishery, including the amount and type of such gear and the appropriate unit of fishing effort; and
+
+(5) other information required under subsection 11 So in original. Probably should be “section”. 1853(a)(5) of this title or requested by the Council under section 1881a of this title.
+
+(d) Use of registration Any registration recommended under this section shall not be considered a permit for the purposes of this chapter, and the Secretary may not propose to revoke, suspend, deny, or impose any other conditions or restrictions on any such registration or the use of such registration under this chapter.
+
+(e) Public comment Within one year after October 11, 1996, the Secretary shall publish in the Federal Register for a 60-day public comment period a proposal that would provide for implementation of a standardized fishing vessel registration and information collection system that meets the requirements of subsections (a) through (c). The proposal shall include—
+
+(1) a description of the arrangements of the Secretary for consultation and cooperation with the department in which the Coast Guard is operating, the States, the Councils, Marine Fisheries Commissions, the fishing industry and other interested parties; and
+
+(2) any proposed regulations or legislation necessary to implement the proposal.
+
+(f) Congressional transmittal Within 60 days after the end of the comment period and after consideration of comments received under subsection (e), the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives a recommended proposal for implementation of a national fishing vessel registration system that includes—
+
+(1) any modifications made after comment and consultation;
+
+(2) a proposed implementation schedule, including a schedule for the proposed cooperative agreements required under subsection (a)(4); and
+
+(3) recommendations for any such additional legislation as the Secretary considers necessary or desirable to implement the proposed system.
+
+(g) Recreational fisheries (1) Federal program The Secretary shall establish and implement a regionally based registry program for recreational fishermen in each of the 8 fishery management regions. The program, which shall not require a fee before January 1, 2011, shall provide for—
+
+(A) the registration (including identification and contact information) of individuals who engage in recreational fishing—
+
+(i) in the Exclusive Economic Zone;
+
+(ii) for anadromous species; or
+
+(iii) for Continental Shelf fishery resources beyond the Exclusive Economic Zone; and
+
+(B) if appropriate, the registration (including the ownership, operator, and identification of the vessel) of vessels used in such fishing.
+
+(2) State programs The Secretary shall exempt from registration under the program recreational fishermen and charter fishing vessels licensed, permitted, or registered under the laws of a State if the Secretary determines that information from the State program is suitable for the Secretary’s use or is used to assist in completing marine recreational fisheries statistical surveys, or evaluating the effects of proposed conservation and management measures for marine recreational fisheries.
+
+(3) Data collection (A) Improvement of the marine recreational fishery statistics survey Within 24 months after January 12, 2007, the Secretary, in consultation with representatives of the recreational fishing industry and experts in statistics, technology, and other appropriate fields, shall establish a program to improve the quality and accuracy of information generated by the Marine Recreational Fishery Statistics Survey, with a goal of achieving acceptable accuracy and utility for each individual fishery.
+
+(B) NRC report recommendations The program shall take into consideration and, to the extent feasible, implement the recommendations of the National Research Council in its report Review of Recreational Fisheries Survey Methods (2006), including—
+
+(i) redesigning the Survey to improve the effectiveness and appropriateness of sampling and estimation procedures, its applicability to various kinds of management decisions, and its usefulness for social and economic analyses; and
+
+(ii) providing for ongoing technical evaluation and modification as needed to meet emerging management needs.
+
+(C) Methodology Unless the Secretary determines that alternate methods will achieve this goal more efficiently and effectively, the program shall, to the extent possible, include—
+
+(i) an adequate number of intercepts to accurately estimate recreational catch and effort;
+
+(ii) use of surveys that target anglers registered or licensed at the State or Federal level to collect participation and effort data;
+
+(iii) collection and analysis of vessel trip report data from charter fishing vessels;
+
+(iv) development of a weather corrective factor that can be applied to recreational catch and effort estimates; and
+
+(v) an independent committee composed of recreational fishermen, academics, persons with expertise in stock assessments and survey design, and appropriate personnel from the National Marine Fisheries Service to review the collection estimates, geographic, and other variables related to dockside intercepts and to identify deficiencies in recreational data collection, and possible correction measures.
+
+(D) Deadline The Secretary shall complete the program under this paragraph and implement the improved Marine Recreational Fishery Statistics Survey not later than January 1, 2009.
+
+(4) Federal-State partnerships (A) Establishment The Secretary shall establish a partnership with a State to develop best practices for implementing the State program established under paragraph (2).
+
+(B) Guidance The Secretary shall develop guidance, in cooperation with the States, that details best practices for administering State programs pursuant to paragraph (2), and provide such guidance to the States.
+
+(C) Biennial report The Secretary shall submit to the appropriate committees of Congress and publish biennial reports that include—
+
+(i) the estimated accuracy of—
+
+(I) the information provided under subparagraphs (A) and (B) of paragraph (1) for each registry program established under that paragraph; and
+
+(II) the information from each State program that is used to assist in completing surveys or evaluating effects of conservation and management measures under paragraph (2);
+
+(ii) priorities for improving recreational fishing data collection; and
+
+(iii) an explanation of any use of information collected by such State programs and by the Secretary.
+
+(D) States grant program (i) In general The Secretary may make grants to States to—
+
+(I) improve implementation of State programs consistent with this subsection; and
+
+(II) assist such programs in complying with requirements related to changes in recreational data collection under paragraph (3).
+
+(ii) Use of funds Any funds awarded through such grants shall be used to support data collection, quality assurance, and outreach to entities submitting such data. The Secretary shall prioritize such grants based on the ability of the grant to improve the quality and accuracy of such programs.
+
+(5) Report Within 24 months after establishment of the program, the Secretary shall submit a report to Congress that describes the progress made toward achieving the goals and objectives of the program.
+
+(h) Action by Secretary The Secretary shall—
+
+(1) within 90 days after December 31, 2018, enter into an agreement with the National Academy of Sciences to evaluate, in the form of a report—
+
+(A) how the design of the Marine Recreational Information Program, for the purposes of stock assessment and the determination of stock management reference points, can be improved to better meet the needs of in-season management of annual catch limits under section 1853(a)(15) of this title; and
+
+(B) what actions the Secretary, Councils, and States could take to improve the accuracy and timeliness of data collection and analysis to improve the Marine Recreational Information Program and facilitate in-season management; and
+
+(2) within 6 months after receiving the report under paragraph (1), submit to Congress recommendations regarding—
+
+(A) changes to be made to the Marine Recreational Information Program to make the program better meet the needs of in-season management of annual catch limits and other requirements under such section; and
+
+(B) alternative management approaches that could be applied to recreational fisheries for which the Marine Recreational Information Program is not meeting the needs of in-season management of annual catch limits, consistent with other requirements of this chapter, until such time as the changes in subparagraph (A) are implemented.
+
+(Pub. L. 94–265, title IV, § 401, as added Pub. L. 104–297, title II, § 202, Oct. 11, 1996, 110 Stat. 3605; amended Pub. L. 109–479, title II, § 201, Jan. 12, 2007, 120 Stat. 3611; Pub. L. 115–405, § 202, Dec. 31, 2018, 132 Stat. 5359.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsecs. (a)(1), (d) and (h)(2)(B), 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. The Marine Mammal Protection Act, referred to in subsec. (a)(1), probably means the Marine Mammal Protection Act of 1972, Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables.
+
+Prior ProvisionsA prior section 1881, Pub. L. 94–265, title IV, § 401, Apr. 13, 1976, 90 Stat. 359, related to authority to amend regulations to conform to Law of the Sea Treaty, prior to repeal by Pub. L. 99–659, title I, § 110, Nov. 14, 1986, 100 Stat. 3715.
+
+Amendments2018—Subsec. (g)(4), (5). Pub. L. 115–405, § 202(1), added par. (4) and redesignated former par. (4) as (5). Subsec. (h). Pub. L. 115–405, § 202(2), added subsec. (h). 2007—Subsec. (g). Pub. L. 109–479 added subsec. (g) and struck out former subsec. (g) which required a report to Congress.
+
+Statutory Notes and Related Subsidiaries
+
+Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
+
+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.
+
+NAS Report RecommendationsPub. L. 115–405, § 201(b), Dec. 31, 2018, 132 Stat. 5358, provided that: “The Secretary of Commerce shall take into consideration and, to the extent feasible, implement the recommendations of the National Academy of Sciences in the report entitled ‘Review of the Marine Recreational Information Program (2017)’, and shall submit, every 2 years following the date of enactment of this Act [Dec. 31, 2018], a report to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives] detailing progress made implementing those recommendations. Recommendations considered shall include— “(1) prioritizing the evaluation of electronic data collection, including smartphone applications, electronic diaries for prospective data collection, and an internet website option for panel members or for the public; “(2) evaluating whether the design of the Marine Recreational Information Program for the purposes of stock assessment and the determination of stock management reference points is compatible with the needs of in-season management of annual catch limits; and “(3) if the Marine Recreational Information Program is incompatible with the needs of in-season management of annual catch limits, determining an alternative method for in-season management.”

legal/us/code/title-16/chapter-38/section-1881a.md

@@ -0,0 +1,103 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1881a"
+description: "Information collection"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1881a"
+citation: "16 U.S.C. § 1881a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1881a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "6be2a37835324ab3d4d9261eb24395a7d68d690899e1fc918693f1c8994f6c7e"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1881a - Information collection
+
+## Text
+
+(a) Collection programs (1) Council requests If a Council determines that additional information would be beneficial for developing, implementing, or revising a fishery management plan or for determining whether a fishery is in need of management, the Council may request that the Secretary implement an information collection program for the fishery which would provide the types of information specified by the Council. The Secretary shall undertake such an information collection program if he determines that the need is justified, and shall promulgate regulations to implement the program within 60 days after such determination is made. If the Secretary determines that the need for an information collection program is not justified, the Secretary shall inform the Council of the reasons for such determination in writing. The determinations of the Secretary under this paragraph regarding a Council request shall be made within a reasonable period of time after receipt of that request.
+
+(2) Secretarial initiation If the Secretary determines that additional information is necessary for developing, implementing, revising, or monitoring a fishery management plan, or for determining whether a fishery is in need of management, the Secretary may, by regulation, implement an information collection or observer program requiring submission of such additional information for the fishery.
+
+(b) Confidentiality of information (1) Any information submitted to the Secretary, a State fishery management agency, or a marine fisheries commission by any person in compliance with the requirements of this chapter shall be confidential and shall not be disclosed except—
+
+(A) to Federal employees and Council employees who are responsible for fishery management plan development, monitoring, or enforcement;
+
+(B) to State or Marine Fisheries Commission employees as necessary to further the Department’s mission, subject to a confidentiality agreement that prohibits public disclosure of the identity of business of any person;
+
+(C) to State employees who are responsible for fishery management plan enforcement, if the States employing those employees have entered into a fishery enforcement agreement with the Secretary and the agreement is in effect;
+
+(D) when required by court order;
+
+(E) when such information is used by State, Council, or Marine Fisheries Commission employees to verify catch under a limited access program, but only to the extent that such use is consistent with subparagraph (B);
+
+(F) when the Secretary has obtained written authorization from the person submitting such information to release such information to persons for reasons not otherwise provided for in this subsection, and such release does not violate other requirements of this chapter;
+
+(G) when such information is required to be submitted to the Secretary for any determination under a limited access program;
+
+(H) in support of homeland and national security activities, including the Coast Guard’s homeland security missions as defined in section 468(a)(2) of title 6; or
+
+(I) to Federal agencies, to the extent necessary and appropriate, to administer Federal programs established to combat illegal, unreported, or unregulated fishing or forced labor (as such terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022), which shall not include an authorization for such agencies to release data to the public unless such release is related to enforcement.
+
+(2) Any observer information shall be confidential and shall not be disclosed, except in accordance with the requirements of subparagraphs (A) through (H) of paragraph (1), or—
+
+(A) as authorized by a fishery management plan or regulations under the authority of the North Pacific Council to allow disclosure to the public of weekly summary bycatch information identified by vessel or for haul-specific bycatch information without vessel identification;
+
+(B) when such information is necessary in proceedings to adjudicate observer certifications; or
+
+(C) as authorized by any regulations issued under paragraph (3) allowing the collection of observer information, pursuant to a confidentiality agreement between the observers, observer employers, and the Secretary prohibiting disclosure of the information by the observers or observer employers, in order—
+
+(i) to allow the sharing of observer information among observers and between observers and observer employers as necessary to train and prepare observers for deployments on specific vessels; or
+
+(ii) to validate the accuracy of the observer information collected.
+
+(3) The Secretary shall, by regulation, prescribe such procedures as may be necessary to preserve the confidentiality of information submitted in compliance with any requirement or regulation under this chapter, except that the Secretary may release or make public any such information in any aggregate or summary form which does not directly or indirectly disclose the identity or business of any person who submits such information. Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary, or with the approval of the Secretary, the Council, of any information submitted in compliance with any requirement or regulation under this chapter or the use, release, or publication of bycatch information pursuant to paragraph (2)(A).
+
+(c) Restriction on use of certain information (1) The Secretary shall promulgate regulations to restrict the use, in civil enforcement or criminal proceedings under this chapter, the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), and the Endangered Species Act (16 U.S.C. 1531 et seq.), of information collected by voluntary fishery data collectors, including sea samplers, while aboard any vessel for conservation and management purposes if the presence of such a fishery data collector aboard is not required by any of such chapter or Acts or regulations thereunder.
+
+(2) The Secretary may not require the submission of a Federal or State income tax return or statement as a prerequisite for issuance of a permit until such time as the Secretary has promulgated regulations to ensure the confidentiality of information contained in such return or statement, to limit the information submitted to that necessary to achieve a demonstrated conservation and management purpose, and to provide appropriate penalties for violation of such regulations.
+
+(d) Contracting authority Notwithstanding any other provision of law, the Secretary may provide a grant, contract, or other financial assistance on a sole-source basis to a State, Council, or Marine Fisheries Commission for the purpose of carrying out information collection or other programs if—
+
+(1) the recipient of such a grant, contract, or other financial assistance is specified by statute to be, or has customarily been, such State, Council, or Marine Fisheries Commission; or
+
+(2) the Secretary has entered into a cooperative agreement with such State, Council, or Marine Fisheries Commission.
+
+(e) Resource assessments (1) The Secretary may use the private sector to provide vessels, equipment, and services necessary to survey the fishery resources of the United States when the arrangement will yield statistically reliable results.
+
+(2) The Secretary, in consultation with the appropriate Council and the fishing industry—
+
+(A) may structure competitive solicitations under paragraph (1) so as to compensate a contractor for a fishery resources survey by allowing the contractor to retain for sale fish harvested during the survey voyage;
+
+(B) in the case of a survey during which the quantity or quality of fish harvested is not expected to be adequately compensatory, may structure those solicitations so as to provide that compensation by permitting the contractor to harvest on a subsequent voyage and retain for sale a portion of the allowable catch of the surveyed fishery; and
+
+(C) may permit fish harvested during such survey to count toward a vessel’s catch history under a fishery management plan if such survey was conducted in a manner that precluded a vessel’s participation in a fishery that counted under the plan for purposes of determining catch history.
+
+(3) The Secretary shall undertake efforts to expand annual fishery resource assessments in all regions of the Nation.
+
+(Pub. L. 94–265, title IV, § 402, as added Pub. L. 104–297, title II, § 203, Oct. 11, 1996, 110 Stat. 3607; amended Pub. L. 109–479, § 3(d)(1)(A), title II, §§ 202, 203(a), Jan. 12, 2007, 120 Stat. 3578, 3612, 3613; Pub. L. 117–263, div. K, title CXIII, § 11333, Dec. 23, 2022, 136 Stat. 4100.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsecs. (b)(1), (3) and (c)(1), 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. Section 11329 of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (b)(1)(I), is section 11329 of div. K of Pub. L. 117–263, which is set out as a note under section 1885a of this title. The Marine Mammal Protection Act of 1972, referred to in subsec. (c)(1), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables. The Endangered Species Act, referred to in subsec. (c)(1), probably means the Endangered Species Act of 1973, Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
+
+Prior ProvisionsA prior section 402 of Pub. L. 94–265 repealed former sections 1081 to 1086 and 1091 to 1094 of this title, prior to being amended generally by Pub. L. 104–297.
+
+Amendments2022—Subsec. (b)(1)(I). Pub. L. 117–263 added subpar. (I). 2007—Subsec. (a). Pub. L. 109–479, § 202, substituted “Collection programs” for “Council requests” in heading, designated existing provisions as par. (1), inserted heading, realigned margins, in first sentence, struck out “(other than information that would disclose proprietary or confidential commercial or financial information regarding fishing operations or fish processing operations)” after “additional information” and “types of information”, in last sentence, substituted “paragraph” for “subsection”, and added par. (2). Subsec. (b). Pub. L. 109–479, § 203(a)(1), (2), added pars. (1) and (2), redesignated former par. (2) as (3) and realigned margins, and struck out former par. (1) which related to confidentiality of information submitted to the Secretary and exceptions. Subsec. (b)(1)(D). Pub. L. 109–479, § 3(d)(1)(A), substituted “a limited access privilege” for “an individual fishing quota”. Subsec. (b)(3). Pub. L. 109–479, § 203(a)(3), substituted “(2)(A).” for “(1)(E).”

legal/us/code/title-16/chapter-38/section-1881b.md

@@ -0,0 +1,63 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1881b"
+description: "Observers"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1881b"
+citation: "16 U.S.C. § 1881b"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1881b"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "cb6ef739e064e50730d7bc6d16b378e72bf0d8a96335fa66f474609fd119f251"
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+text_hash: "63ed1589d6a9ceb64d009d754b141e01b165ba37176492cafb30e87c1049a8c7"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1881b - Observers
+
+## Text
+
+(a) Guidelines for carrying observers Within one year after October 11, 1996, the Secretary shall promulgate regulations, after notice and opportunity for public comment, for fishing vessels that carry observers. The regulations shall include guidelines for determining—
+
+(1) when a vessel is not required to carry an observer on board because the facilities of such vessel for the quartering of an observer, or for carrying out observer functions, are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; and
+
+(2) actions which vessel owners or operators may reasonably be required to take to render such facilities adequate and safe.
+
+(b) Training The Secretary, in cooperation with the appropriate States and the National Sea Grant College Program, shall—
+
+(1) establish programs to ensure that each observer receives adequate training in collecting and analyzing the information necessary for the conservation and management purposes of the fishery to which such observer is assigned;
+
+(2) require that an observer demonstrate competence in fisheries science and statistical analysis at a level sufficient to enable such person to fulfill the responsibilities of the position;
+
+(3) ensure that an observer has received adequate training in basic vessel safety;
+
+(4) ensure that each observer has received training to identify indicators of forced labor and human trafficking (as such terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022) and refer this information to appropriate authorities; and
+
+(5) make use of university and any appropriate private nonprofit organization training facilities and resources, where possible, in carrying out this subsection.
+
+(c) Observer status An observer on a vessel and under contract to carry out responsibilities under this chapter or the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall be deemed to be a Federal employee for the purpose of compensation under the Federal Employee Compensation Act (5 U.S.C. 8101 et seq.).
+
+(Pub. L. 94–265, title IV, § 403, as added Pub. L. 104–297, title II, § 204, Oct. 11, 1996, 110 Stat. 3609; amended Pub. L. 117–263, div. K, title CXIII, § 11340, Dec. 23, 2022, 136 Stat. 4105.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSection 11329 of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (b)(4), is section 11329 of div. K of Pub. L. 117–263, which is set out as a note under section 1885a of this title. This chapter, referred to in subsec. (c), 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. The Marine Mammal Protection Act of 1972, referred to in subsec. (c), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables. The Federal Employee Compensation Act, referred to in subsec. (c), is act Sept. 7, 1916, ch. 458, 39 Stat. 742, which was repealed and the provisions thereof were reenacted as subchapter I (§ 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.
+
+Prior ProvisionsA prior section 403 of Pub. L. 94–265 amended sections 1972 and 1973 of Title 22, Foreign Relations and Intercourse, and enacted provisions formerly set out as notes under sections 1972 and 1973 of Title 22, prior to being amended generally by Pub. L. 104–297.
+
+Amendments2022—Subsec. (b)(4), (5). Pub. L. 117–263 added par. (4) and redesignated former par. (4) as (5).

legal/us/code/title-16/chapter-38/section-1881c.md

@@ -0,0 +1,85 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1881c"
+description: "Fisheries research"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1881c"
+citation: "16 U.S.C. § 1881c"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1881c"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "9a20c89df10fdd1edd714f94fb6e2a5213fe4c3b326a80586c7bfa8bab19f998"
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+text_hash: "a0c04eb26706ef0f89e8161de5cda4baf34db7623b0ce80d53a3a1dd5968c1b9"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1881c - Fisheries research
+
+## Text
+
+(a) In general The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this chapter. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management and on the economics and social characteristics of the fisheries.
+
+(b) Strategic plan Within one year after October 11, 1996, and at least every 3 years thereafter, the Secretary shall develop and publish in the Federal Register a strategic plan for fisheries research for the 5 years immediately following such publication. The plan shall—
+
+(1) identify and describe a comprehensive program with a limited number of priority objectives for research in each of the areas specified in subsection (c);
+
+(2) indicate goals and timetables for the program described in paragraph (1);
+
+(3) provide a role for commercial fishermen in such research, including involvement in field testing;
+
+(4) provide for collection and dissemination, in a timely manner, of complete and accurate information concerning fishing activities, catch, effort, stock assessments, and other research conducted under this section; and
+
+(5) be developed in cooperation with the Councils and affected States, and provide for coordination with the Councils, affected States, and other research entities.
+
+(c) Areas of research Areas of research are as follows:
+
+(1) Research to support fishery conservation and management, including but not limited to, biological research concerning the abundance and life history parameters of stocks of fish, the interdependence of fisheries or stocks of fish, the identification of essential fish habitat, the impact of pollution on fish populations, the impact of wetland and estuarine degradation, and other factors affecting the abundance and availability of fish.
+
+(2) Conservation engineering research, including the study of fish behavior and the development and testing of new gear technology and fishing techniques to minimize bycatch and any adverse effects on essential fish habitat and promote efficient harvest of target species.
+
+(3) Research on the fisheries, including the social, cultural, and economic relationships among fishing vessel owners, crew, United States fish processors, associated shoreside labor, seafood markets and fishing communities.
+
+(4) Information management research, including the development of a fishery information base and an information management system that will permit the full use of information in the support of effective fishery conservation and management.
+
+(d) Public notice In developing the plan required under subsection (a), the Secretary shall consult with relevant Federal, State, and international agencies, scientific and technical experts, and other interested persons, public and private, and shall publish a proposed plan in the Federal Register for the purpose of receiving public comment on the plan. The Secretary shall ensure that affected commercial fishermen are actively involved in the development of the portion of the plan pertaining to conservation engineering research. Upon final publication in the Federal Register, the plan shall be submitted by the Secretary to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives.
+
+(e) Improving data collection and analysis (1) In general Not later than 1 year after December 31, 2018, the Secretary shall develop, in consultation with the science and statistical committees of the Councils established under section 1852(g) of this title and the Marine Fisheries Commissions, and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on facilitating greater incorporation of data, analysis, stock assessments, and surveys from State agencies and nongovernmental sources described in paragraph (2), to the extent such information is consistent with section 1851(a)(2) of this title, into fisheries management decisions.
+
+(2) Content In developing the report under paragraph (1), the Secretary shall—
+
+(A) identify types of data and analysis, especially concerning recreational fishing, that can be used for purposes of this chapter as the basis for establishing conservation and management measures as required by section 1853(a)(1) of this title, including setting standards for the collection and use of that data and analysis in stock assessments and surveys and for other purposes;
+
+(B) provide specific recommendations for collecting data and performing analyses identified as necessary to reduce uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be provided by nongovernmental sources; and
+
+(C) consider the extent to which the acceptance and use of data and analyses identified in the report in fishery management decisions is practicable and compatible with the requirements of section 1851(a)(2) of this title.
+
+(Pub. L. 94–265, title IV, § 404, as added Pub. L. 104–297, title II, § 205, Oct. 11, 1996, 110 Stat. 3609; amended Pub. L. 109–479, title II, § 203(b), Jan. 12, 2007, 120 Stat. 3614; Pub. L. 115–405, § 201(a), Dec. 31, 2018, 132 Stat. 5358.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsecs. (a) and (e)(2)(A), 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.
+
+Prior ProvisionsA prior section 404 of Pub. L. 94–265, amended section 1362 of this title and enacted provisions formerly set out as a note under section 1362 of this title, prior to being amended generally by Pub. L. 104–297.
+
+Amendments2018—Subsec. (e). Pub. L. 115–405 added subsec. (e). 2007—Subsec. (c)(4). Pub. L. 109–479 struck out “under section 1881 of this title” after “system”.
+
+Statutory Notes and Related Subsidiaries
+
+Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
+
+Study of Contribution of Bycatch to Charitable OrganizationsPub. L. 104–297, title II, § 208, Oct. 11, 1996, 110 Stat. 3614, 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, provided that the Secretary of Commerce was to conduct a study, to be submitted to Congress by 1 year after Oct. 11, 1996, of the contribution of bycatch to charitable organizations by commercial fishermen, including determinations of the amount contributed each year, the economic benefits to commercial fishermen from those contributions, and the impact on fisheries of the availability of those benefits.

legal/us/code/title-16/chapter-38/section-1881d.md

@@ -0,0 +1,73 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1881d"
+description: "Incidental harvest research"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1881d"
+citation: "16 U.S.C. § 1881d"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1881d"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "892197ee93c8a5b98935599803d838889a9796fa0bf8fa66c848a1ece41207cb"
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+text_hash: "4f35a10af1f432ccd20114430bff29977614853e1de387bac8ce7d878e9a0c3c"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1881d - Incidental harvest research
+
+## Text
+
+(a) Collection of information Within nine months after October 11, 1996, the Secretary shall, after consultation with the Gulf Council and South Atlantic Council, conclude the collection of information in the program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery within the authority of such Councils. Within the same time period, the Secretary shall make available to the public aggregated summaries of information collected prior to June 30, 1994 under such program.
+
+(b) Identification of stock The program concluded pursuant to subsection (a) shall provide for the identification of stocks of fish which are subject to significant incidental harvest in the course of normal shrimp trawl fishing activity.
+
+(c) Collection and assessment of specific stock information For stocks of fish identified pursuant to subsection (b), with priority given to stocks which (based upon the best available scientific information) are considered to be overfished, the Secretary shall conduct—
+
+(1) a program to collect and evaluate information on the nature and extent (including the spatial and temporal distribution) of incidental mortality of such stocks as a direct result of shrimp trawl fishing activities;
+
+(2) an assessment of the status and condition of such stocks, including collection of information which would allow the estimation of life history parameters with sufficient accuracy and precision to support sound scientific evaluation of the effects of various management alternatives on the status of such stocks; and
+
+(3) a program of information collection and evaluation for such stocks on the magnitude and distribution of fishing mortality and fishing effort by sources of fishing mortality other than shrimp trawl fishing activity.
+
+(d) Bycatch reduction program Not later than 12 months after October 11, 1996, the Secretary shall, in cooperation with affected interests, and based upon the best scientific information available, complete a program to—
+
+(1) develop technological devices and other changes in fishing operations necessary and appropriate to minimize the incidental mortality of bycatch in the course of shrimp trawl activity to the extent practicable, taking into account the level of bycatch mortality in the fishery on November 28, 1990;
+
+(2) evaluate the ecological impacts and the benefits and costs of such devices and changes in fishing operations; and
+
+(3) assess whether it is practicable to utilize bycatch which is not avoidable.
+
+(e) Report to Congress The Secretary shall, within one year of completing the programs required by this section, submit a detailed report on the results of such programs to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives.
+
+(f) Implementation criteria To the extent practicable, any conservation and management measure implemented under this chapter to reduce the incidental mortality of bycatch in the course of shrimp trawl fishing shall be consistent with—
+
+(1) measures applicable to fishing throughout the range in United States waters of the bycatch species concerned; and
+
+(2) the need to avoid any serious adverse environmental impacts on such bycatch species or the ecology of the affected area.
+
+(Pub. L. 94–265, title IV, § 405, as added Pub. L. 104–297, title II, § 206, Oct. 11, 1996, 110 Stat. 3611.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsec. (f), 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.
+
+Prior ProvisionsA prior section 405 of Pub. L. 94–265, amended section 971 of this title and enacted provisions formerly set out as a note under section 971 of this title, prior to being amended generally by Pub. L. 104–297.
+
+Statutory Notes and Related Subsidiaries
+
+Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

legal/us/code/title-16/chapter-38/section-1882.md

@@ -0,0 +1,75 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1882"
+description: "Fisheries systems research"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1882"
+citation: "16 U.S.C. § 1882"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1882"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "b78a19568b0005a64a9a3d053b8d966860a0558db37f64f0eb01ecc34f48bdc1"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1882 - Fisheries systems research
+
+## Text
+
+(a) Establishment of panel Not later than 180 days after October 11, 1996, the Secretary shall establish an advisory panel under this chapter to develop recommendations to expand the application of ecosystem principles in fishery conservation and management activities.
+
+(b) Panel membership The advisory panel shall consist of not more than 20 individuals and include—
+
+(1) individuals with expertise in the structures, functions, and physical and biological characteristics of ecosystems; and
+
+(2) representatives from the Councils, States, fishing industry, conservation organizations, or others with expertise in the management of marine resources.
+
+(c) Recommendations Prior to selecting advisory panel members, the Secretary shall, with respect to panel members described in subsection (b)(1), solicit recommendations from the National Academy of Sciences.
+
+(d) Report Within 2 years after October 11, 1996, the Secretary shall submit to the Congress a completed report of the panel established under this section, which shall include—
+
+(1) an analysis of the extent to which ecosystem principles are being applied in fishery conservation and management activities, including research activities;
+
+(2) proposed actions by the Secretary and by the Congress that should be undertaken to expand the application of ecosystem principles in fishery conservation and management; and
+
+(3) such other information as may be appropriate.
+
+(e) Procedural matter The advisory panel established under this section shall be deemed an advisory panel under section 1852(g) of this title.
+
+(f) Regional ecosystem research (1) Study Within 180 days after January 12, 2007, the Secretary, in consultation with the Councils, shall undertake and complete a study on the state of the science for advancing the concepts and integration of ecosystem considerations in regional fishery management. The study should build upon the recommendations of the advisory panel and include—
+
+(A) recommendations for scientific data, information and technology requirements for understanding ecosystem processes, and methods for integrating such information from a variety of federal,11 So in original. Probably should be capitalized. state,1 and regional sources;
+
+(B) recommendations for processes for incorporating broad stake holder participation;
+
+(C) recommendations for processes to account for effects of environmental variation on fish stocks and fisheries; and
+
+(D) a description of existing and developing council efforts to implement ecosystem approaches, including lessons learned by the councils.
+
+(2) Agency technical advice and assistance, regional pilot programs The Secretary is authorized to provide necessary technical advice and assistance, including grants, to the Councils for the development and design of regional pilot programs that build upon the recommendations of the advisory panel and, when completed, the study.
+
+(Pub. L. 94–265, title IV, § 406, Apr. 13, 1976, 90 Stat. 361; Pub. L. 95–354, § 1, Aug. 28, 1978, 92 Stat. 519; Pub. L. 96–61, § 1, Aug. 15, 1979, 93 Stat. 407; Pub. L. 97–453, § 14(a), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 99–659, title I, § 111(a), Nov. 14, 1986, 100 Stat. 3715; Pub. L. 101–627, title I, § 119, Nov. 28, 1990, 104 Stat. 4459; Pub. L. 104–297, title II, § 207(a), Oct. 11, 1996, 110 Stat. 3612; Pub. L. 109–479, title II, § 210, Jan. 12, 2007, 120 Stat. 3617.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsec. (a), 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 October 11, 1996, referred to in subsec. (d), was in the original “the date of enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 104–297, which amended this section generally, to reflect the probable intent of Congress.
+
+Amendments2007—Subsec. (f). Pub. L. 109–479 added subsec. (f). 1996—Pub. L. 104–297 amended section catchline and text generally. Prior to amendment, section authorized appropriations to carry out this chapter for fiscal year ending June 30, 1976 to fiscal year ending September 30, 1993. 1990—Pars. (16) to (19). Pub. L. 101–627 added pars. (16) to (19). 1986—Pars. (12) to (15). Pub. L. 99–659 added pars. (12) to (15). 1983—Pars. (9) to (11). Pub. L. 97–453 added pars. (9) to (11). 1979—Pars. (6) to (8). Pub. L. 96–61 added pars. (6) to (8). 1978—Par. (5). Pub. L. 95–354 added par. (5).

legal/us/code/title-16/chapter-38/section-1883.md

@@ -0,0 +1,75 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1883"
+description: "Gulf of Mexico red snapper research"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1883"
+citation: "16 U.S.C. § 1883"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1883"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1883 - Gulf of Mexico red snapper research
+
+## Text
+
+(a) Independent peer review (1) Within 30 days of October 11, 1996, the Secretary shall initiate an independent peer review to evaluate—
+
+(A) the accuracy and adequacy of fishery statistics used by the Secretary for the red snapper fishery in the Gulf of Mexico to account for all commercial, recreational, and charter fishing harvests and fishing effort on the stock;
+
+(B) the appropriateness of the scientific methods, information, and models used by the Secretary to assess the status and trends of the Gulf of Mexico red snapper stock and as the basis for the fishery management plan for the Gulf of Mexico red snapper fishery;
+
+(C) the appropriateness and adequacy of the management measures in the fishery management plan for red snapper in the Gulf of Mexico for conserving and managing the red snapper fishery under this chapter; and
+
+(D) the costs and benefits of all reasonable alternatives to a limited access privilege program for the red snapper fishery in the Gulf of Mexico.
+
+(2) The Secretary shall ensure that commercial, recreational, and charter fishermen in the red snapper fishery in the Gulf of Mexico are provided an opportunity to—
+
+(A) participate in the peer review under this subsection; and
+
+(B) provide information to the Secretary concerning the review of fishery statistics under this subsection without being subject to penalty under this chapter or other applicable law for any past violation of a requirement to report such information to the Secretary.
+
+(3) The Secretary shall submit a detailed written report on the findings of the peer review conducted under this subsection to the Gulf Council no later than one year after October 11, 1996.
+
+(b) Prohibition In addition to the restrictions under section 1853(d)(1)(A) of this title, the Gulf Council may not, prior to October 1, 2002, undertake or continue the preparation of any fishery management plan, plan amendment or regulation under this chapter for the Gulf of Mexico commercial red snapper fishery that creates an individual fishing quota program or that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits for vessels in the same class.
+
+(c) Referendum (1) On or after October 1, 2002, the Gulf Council may prepare and submit a fishery management plan, plan amendment, or regulation for the Gulf of Mexico commercial red snapper fishery that creates a limited access privilege program or that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits for vessels in the same class, only if the preparation of such plan, amendment, or regulation is approved in a referendum conducted under paragraph (2) and only if the submission to the Secretary of such plan, amendment, or regulation is approved in a subsequent referendum conducted under paragraph (2).
+
+(2) The Secretary, at the request of the Gulf Council, shall conduct referendums under this subsection. Only a person who held an annual vessel permit with a red snapper endorsement for such permit on September 1, 1996 (or any person to whom such permit with such endorsement was transferred after such date) and vessel captains who harvested red snapper in a commercial fishery using such endorsement in each red snapper fishing season occurring between January 1, 1993, and such date may vote in a referendum under this subsection. The referendum shall be decided by a majority of the votes cast. The Secretary shall develop a formula to weigh votes based on the proportional harvest under each such permit and endorsement and by each such captain in the fishery between January 1, 1993, and September 1, 1996. Prior to each referendum, the Secretary, in consultation with the Council, shall—
+
+(A) identify and notify all such persons holding permits with red snapper endorsements and all such vessel captains; and
+
+(B) make available to all such persons and vessel captains information about the schedule, procedures, and eligibility requirements for the referendum and the proposed individual fishing quota program.
+
+(d) Catch limits Any fishery management plan, plan amendment, or regulation submitted by the Gulf Council for the red snapper fishery after October 11, 1996, shall contain conservation and management measures that—
+
+(1) establish separate quotas for recreational fishing (which, for the purposes of this subsection shall include charter fishing) and commercial fishing that, when reached, result in a prohibition on the retention of fish caught during recreational fishing and commercial fishing, respectively, for the remainder of the fishing year; and
+
+(2) ensure that such quotas reflect allocations among such sectors and do not reflect any harvests in excess of such allocations.
+
+(Pub. L. 94–265, title IV, § 407, as added Pub. L. 104–297, title II, § 207(b), Oct. 11, 1996, 110 Stat. 3612; amended Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(a)(3), (4)], Dec. 21, 2000, 114 Stat. 2763, 2763A–238; Pub. L. 109–479, § 3(d)(1)(B), Jan. 12, 2007, 120 Stat. 3578.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsecs. (a)(1)(C), (2)(B) and (b), 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.
+
+Amendments2007—Subsecs. (a)(1)(D), (c)(1). Pub. L. 109–479 substituted “a limited access privilege” for “an individual fishing quota”. 2000—Subsecs. (b), (c)(1). Pub. L. 106–554 substituted “October 1, 2002,” for “October 1, 2000,”.

legal/us/code/title-16/chapter-38/section-1884.md

@@ -0,0 +1,49 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1884"
+description: "Deep sea coral research and technology program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1884"
+citation: "16 U.S.C. § 1884"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1884"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "205f88e2d8a82549297a618129c41e8f2c7d2e6e90e045d1ecdaa443cecd833d"
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+text_hash: "ca391eedd30c5ca7a370160083d4aa5f8b34c2d05c0c2f72de7faa7b39b103ba"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1884 - Deep sea coral research and technology program
+
+## Text
+
+(a) In general The Secretary, in consultation with appropriate regional fishery management councils and in coordination with other federal 11 So in original. Probably should be capitalized. agencies and educational institutions, shall, subject to the availability of appropriations, establish a program—
+
+(1) to identify existing research on, and known locations of, deep sea corals and submit such information to the appropriate Councils;
+
+(2) to locate and map locations of deep sea corals and submit such information to the Councils;
+
+(3) to monitor activity in locations where deep sea corals are known or likely to occur, based on best scientific information available, including through underwater or remote sensing technologies and submit such information to the appropriate Councils;
+
+(4) to conduct research, including cooperative research with fishing industry participants, on deep sea corals and related species, and on survey methods;
+
+(5) to develop technologies or methods designed to assist fishing industry participants in reducing interactions between fishing gear and deep sea corals; and
+
+(6) to prioritize program activities in areas where deep sea corals are known to occur, and in areas where scientific modeling or other methods predict deep sea corals are likely to be present.
+
+(b) Reporting Beginning 1 year after January 12, 2007, the Secretary, in consultation with the Councils, shall submit biennial reports to Congress and the public on steps taken by the Secretary to identify, monitor, and protect deep sea coral areas, including summaries of the results of mapping, research, and data collection performed under the program.
+
+(Pub. L. 94–265, title IV, § 408, as added Pub. L. 109–479, title II, § 211, Jan. 12, 2007, 120 Stat. 3618.)

legal/us/code/title-16/chapter-38/section-1885.md

@@ -0,0 +1,47 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1885"
+description: "Seafood import monitoring program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1885"
+citation: "16 U.S.C. § 1885"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1885"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "e8582efcde796f3ede9272fc99392d7c77167ed73d277bd17fe1bcfdf5491a22"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "babd85b992d8c6f33f06f3e01adfcb26650b43c06edd1bdd565cf8297e97043d"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1885 - Seafood import monitoring program
+
+## Text
+
+Not later than 30 days after March 23, 2018, the Secretary of Commerce (Secretary) shall lift the stay on the effective date of the final rule for the seafood import monitoring program published by the Secretary on December 9, 2016, (81 Fed. Reg. 88975 et seq.) for the species described in section 300.324(a)(3) of title 50, Code of Federal Regulations: Provided, That the compliance date for the species described in section 300.324(a)(3) of title 50, Code of Federal Regulations, shall occur not later than December 31, 2018: Provided further, That not later than December 31, 2018, the Secretary shall establish a traceability program for United States inland, coastal, and marine aquaculture of shrimp and abalone from point of production to entry into United States commerce: Provided further, That the Secretary shall promulgate such regulations as are necessary and appropriate to establish and implement the program: Provided further, That information collected pursuant to a regulation promulgated under this section shall be confidential and not be disclosed except for the information disclosed under section 401(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)(1)): Provided further, That any regulations promulgated under this section shall be enforced as if this section were a provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the regulations were promulgated under such Act.
+
+(Pub. L. 115–141, div. B, title V, § 539, Mar. 23, 2018, 132 Stat. 445.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Magnuson-Stevens Fishery Conservation and Management Act, referred to in text, is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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 Section was enacted as part of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2018, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Statutory Notes and Related Subsidiaries
+
+Import AuditsPub. L. 117–263, div. K, title CXIII, § 11332, Dec. 23, 2022, 136 Stat. 4099, provided that: “(a) Audit Procedures.—The Secretary shall, not later than 1 year after the date of enactment of this Act [Dec. 23, 2022], implement procedures to audit information and supporting records of sufficient numbers of imports of seafood and seafood products subject to the Seafood Import Monitoring Program to support statistically robust conclusions that the samples audited are representative of all seafood imports covered by the Seafood Import Monitoring Program with respect to a given year. “(b) Expansion of Marine Forensics Laboratory.—The Secretary shall, not later than 1 year after the date of enactment of this Act, begin the process of expanding the National Oceanic and Atmospheric Administration’s Marine Forensics Laboratory, including by establishing sufficient capacity for the development and deployment of rapid, and follow-up, analysis of field-based tests focused on identifying Seafood Import Monitoring Program species, and prioritizing such species at high risk of illegal, unreported, or unregulated fishing and seafood fraud. “(c) Annual Revision.—In developing the procedures required in subsection (a), the Secretary shall use predictive analytics to inform whether to revise such procedures to prioritize for audit those imports originating from nations—“(1) identified pursuant to section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a) or 1826k(a)) that have not yet received a subsequent positive certification pursuant to section 609(d) or 610(c) of such Act, respectively; “(2) identified by an appropriate regional fishery management organization as being the flag state or landing location of vessels identified by other nations or regional fisheries management organizations as engaging in illegal, unreported, or unregulated fishing; “(3) identified as having human trafficking or forced labor in any part of the seafood supply chain, including on vessels flagged in such nation, and including feed for cultured production, in the most recent Trafficking in Persons Report issued by the Department of State in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.); “(4) identified as producing goods that contain seafood using forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act [of 2000] (22 U.S.C. 7101 et seq.); and “(5) identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries by the report required under section 3563 of the Maritime SAFE Act (Public Law 116–92) [133 Stat. 2009].” [For definition of terms as used in section 11332 of Pub. L. 117–263, set out above, see section 11329 of div. K of Pub. L. 117–263, set out as a note under section 1885a of this title.]

legal/us/code/title-16/chapter-38/section-1885a.md

@@ -0,0 +1,67 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1885a"
+description: "Report on Seafood Import Monitoring Program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1885a"
+citation: "16 U.S.C. § 1885a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1885a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "7306e6c0a6c3b72059e37f1350c4ebabc38c922814eaf540103c53da8b5fa8b4"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "d91b0cb6ca9cedd8367c8e264aea87aa5586b74189d9c89fb4b53929c2ecf7ec"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1885a - Report on Seafood Import Monitoring Program
+
+## Text
+
+(a) Report to Congress and public availability of reports The Secretary shall, not later than 120 days after the end of each fiscal year, submit to the Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate and the Committee on Natural Resources and the Committee on Financial Services of the House of Representatives a report that summarizes the National Marine Fisheries Service’s efforts to prevent the importation of seafood harvested through illegal, unreported, or unregulated fishing, particularly with respect to seafood harvested, produced, processed, or manufactured by forced labor. Each such report shall be made publicly available on the website of the National Oceanic and Atmospheric Administration.
+
+(b) Contents Each report submitted under subsection (a) shall include—
+
+(1) the volume and value of seafood species subject to the Seafood Import Monitoring Program, reported by 10-digit Harmonized Tariff Schedule of the United States codes, imported during the previous fiscal year;
+
+(2) the enforcement activities and priorities of the National Marine Fisheries Service with respect to implementing the requirements under the Seafood Import Monitoring Program;
+
+(3) the percentage of import shipments subject to the Seafood Import Monitoring Program selected for inspection or the information or records supporting entry selected for audit, as described in section 300.324(d) of title 50, Code of Federal Regulations;
+
+(4) the number and types of instances of noncompliance with the requirements of the Seafood Import Monitoring Program;
+
+(5) the number and types of instances of violations of State or Federal law discovered through the Seafood Import Monitoring Program;
+
+(6) the seafood species with respect to which violations described in paragraphs (4) and (5) were most prevalent;
+
+(7) the location of catch or harvest with respect to which violations described in paragraphs (4) and (5) were most prevalent;
+
+(8) the additional tools, such as high performance computing and associated costs, that the Secretary needs to improve the efficacy of the Seafood Import Monitoring Program; and
+
+(9) such other information as the Secretary considers appropriate with respect to monitoring and enforcing compliance with the Seafood Import Monitoring Program.
+
+(Pub. L. 117–263, div. K, title CXIII, § 11334, Dec. 23, 2022, 136 Stat. 4100.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Harmonized Tariff Schedule of the United States, referred to in subsec. (b)(1), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties.
+
+Codification Section was enacted as part of the Don Young Coast Guard Authorization Act of 2022 and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Statutory Notes and Related Subsidiaries
+
+Definitions Pub. L. 117–263, div. K, title CXIII, § 11329, Dec. 23, 2022, 136 Stat. 4098, provided that: “In this subtitle [subtitle E (§§ 11329–11341) of title CXIII of div. K of Pub. L. 117–263, see Tables for classification]: “(1) Forced labor.—The term ‘forced labor’ means any labor or service provided for or obtained by any means described in section 1589(a) of title 18, United States Code. “(2) Human trafficking.—The term ‘human trafficking’ has the meaning given the term ‘severe forms of trafficking in persons’ in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). “(3) Illegal, unreported, or unregulated fishing.—The term ‘illegal, unreported, or unregulated fishing’ has the meaning given such term in the implementing regulations or any subsequent regulations issued pursuant to section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)). “(4) Oppressive child labor.—The term ‘oppressive child labor’ has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). “(5) Seafood.—The term ‘seafood’ means all marine animal and plant life meant for consumption as food other than marine mammals and birds, including fish, shellfish, shellfish products, and processed fish. “(6) Seafood Import Monitoring Program.—The term ‘Seafood Import Monitoring Program’ means the Seafood Traceability Program established in subpart Q of part 300 of title 50, Code of Federal Regulations (or any successor regulation). “(7) Secretary.—The term ‘Secretary’ means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere.”

legal/us/code/title-16/chapter-38/section-1891.md

@@ -0,0 +1,43 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1891"
+description: "Investment in United States seafood processing facilities"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1891"
+citation: "16 U.S.C. § 1891"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1891"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "2b30d1d63b6e9831394d4d46e1729578a23585e59ea594651322cb374cd62c57"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "4f06c7e8ad1d22e9569974c29d8c925becb228af3d72597ddcdc8dcd6961e423"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1891 - Investment in United States seafood processing facilities
+
+## Text
+
+The Secretary of Commerce shall work with the Small Business Administration and other Federal agencies to develop financial and other mechanisms to encourage United States investment in seafood processing facilities in the United States for fisheries that lack capacity needed to process fish harvested by United States vessels in compliance with the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
+
+(Pub. L. 109–479, title I, § 106(c), Jan. 12, 2007, 120 Stat. 3593.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Magnuson-Stevens Fishery Conservation and Management Act, referred to in text, is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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 Section was enacted as part of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

legal/us/code/title-16/chapter-38/section-1891a.md

@@ -0,0 +1,57 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1891a"
+description: "Community-based restoration program for fishery and coastal habitats"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1891a"
+citation: "16 U.S.C. § 1891a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1891a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "3f0d6a72bd8f82dd6d357209bed2bbe5d4b14befb1d60f3b2ad536a6fa5879f6"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "115074328659bdd65dd8fbe2e48a6ce81929de1cd8b7ab821c4185f898eedb5d"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1891a - Community-based restoration program for fishery and coastal habitats
+
+## Text
+
+(a) In general The Secretary of Commerce shall establish a community-based fishery and coastal habitat restoration program to implement and support the restoration of fishery and coastal habitats.
+
+(b) Authorized activities In carrying out the program, the Secretary may—
+
+(1) provide funding and technical expertise to fishery and coastal communities to assist them in restoring fishery and coastal habitat;
+
+(2) advance the science and monitoring of coastal habitat restoration;
+
+(3) transfer restoration technologies to the private sector, the public, and other governmental agencies;
+
+(4) develop public-private partnerships to accomplish sound coastal restoration projects;
+
+(5) promote significant community support and volunteer participation in fishery and coastal habitat restoration;
+
+(6) promote stewardship of fishery and coastal habitats; and
+
+(7) leverage resources through national, regional, and local public-private partnerships.
+
+(Pub. L. 109–479, title I, § 117, Jan. 12, 2007, 120 Stat. 3606.)
+
+## Notes
+
+Editorial Notes
+
+Codification Section was enacted as part of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

legal/us/code/title-16/chapter-38/section-1891b.md

@@ -0,0 +1,75 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1891b"
+description: "Fisheries Conservation and Management Fund"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1891b"
+citation: "16 U.S.C. § 1891b"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1891b"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "60c163e068158ff88515f5eb3d314223abaf635df436ca4662c7a6e7eabc6b2d"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "8160863ed8bd6e649f283839e4110ba299d116814627eb9b833048e33732754e"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1891b - Fisheries Conservation and Management Fund
+
+## Text
+
+(a) In general The Secretary shall establish and maintain a fund, to be known as the “Fisheries Conservation and Management Fund”, which shall consist of amounts retained and deposited into the Fund under subsection (c).
+
+(b) Purposes Subject to the allocation of funds described in subsection (d), amounts in the Fund shall be available to the Secretary of Commerce, without appropriation or fiscal year limitation, to disburse as described in subsection (e) for—
+
+(1) efforts to improve fishery harvest data collection including—
+
+(A) expanding the use of electronic catch reporting programs and technology; and
+
+(B) improvement of monitoring and observer coverage through the expanded use of electronic monitoring devices and satellite tracking systems such as VMS on small vessels;
+
+(2) cooperative fishery research and analysis, in collaboration with fishery participants, academic institutions, community residents, and other interested parties;
+
+(3) development of methods or new technologies to improve the quality, health safety, and value of fish landed;
+
+(4) conducting analysis of fish and seafood for health benefits and risks, including levels of contaminants and, where feasible, the source of such contaminants;
+
+(5) marketing of sustainable United States fishery products, including consumer education regarding the health or other benefits of wild fishery products harvested by vessels of the United States;
+
+(6) improving data collection under the Marine Recreational Fishery Statistics Survey in accordance with section 401(g)(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881(g)(3)); and
+
+(7) providing financial assistance to fishermen to offset the costs of modifying fishing practices and gear to meet the requirements of this Act, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and other Federal laws in pari materia.
+
+(c) Deposits to the Fund (1) Quota set-asides Any amount generated through quota set-asides established by a Council under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and designated by the Council for inclusion in the Fishery Conservation and Management Fund, may be deposited in the Fund.
+
+(2) Other funds In addition to amounts received pursuant to paragraph (1) of this subsection, the Fishery Conservation and Management Fund may also receive funds from—
+
+(A) appropriations for the purposes of this section; and
+
+(B) States or other public sources or private or non-profit organizations for purposes of this section.
+
+(d) Regional allocation The Secretary shall, every 2 years, apportion monies from the Fund among the eight Council regions according to recommendations of the Councils, based on regional priorities identified through the Council process, except that no region shall receive less than 5 percent of the Fund in each allocation period.
+
+(e) Limitation on the use of the Fund No amount made available from the Fund may be used to defray the costs of carrying out requirements of this Act or the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) other than those uses identified in this section.
+
+(Pub. L. 109–479, title II, § 208, Jan. 12, 2007, 120 Stat. 3616.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis Act, referred to in subsecs. (b)(7) and (e), is Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3575, known as the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 1801 of this title and Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsecs. (b)(7), (c)(1), and (e), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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 Section was enacted as part of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

legal/us/code/title-16/chapter-38/section-1891c.md

@@ -0,0 +1,41 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1891c"
+description: "United States catch history"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1891c"
+citation: "16 U.S.C. § 1891c"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1891c"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "9dfd00d422954bf05639147111917f1f58b9f9df725ec1e12b1ebb2ad16f4cb2"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "e06064bf7fd14aa899970c542c9cfd98d1ef72fbf9fcdb9713b3412b3ae855cc"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1891c - United States catch history
+
+## Text
+
+In establishing catch allocations under international fisheries agreements, the Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating, and the Secretary of State, shall ensure that all catch history associated with a vessel of the United States remains with the United States and is not transferred or credited to any other nation or vessel of such nation, including when a vessel of the United States is sold or transferred to a citizen of another nation or to an entity controlled by citizens of another nation.
+
+(Pub. L. 109–479, title IV, § 407, Jan. 12, 2007, 120 Stat. 3634.)
+
+## Notes
+
+Editorial Notes
+
+Codification Section was enacted as part of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

legal/us/code/title-16/chapter-38/section-1891d.md

@@ -0,0 +1,53 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 1891d"
+description: "Secretarial representative for international fisheries"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "38"
+chapter_name: "FISHERY CONSERVATION AND MANAGEMENT"
+section: "1891d"
+citation: "16 U.S.C. § 1891d"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s1891d"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "32d2ce1f8091fc4210367d8fca759cf577ee34a206a6bc8fd5c5db3878599a5d"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "72d3632dbaa8d23704849b28708d221ad060b3670559ef5ccf00351fc236af85"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 1891d - Secretarial representative for international fisheries
+
+## Text
+
+(a) In general The Secretary, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, shall designate a Senate-confirmed, senior official within the National Oceanic and Atmospheric Administration to perform the duties of the Secretary with respect to international agreements involving fisheries and other living marine resources, including policy development and representation as a U.S. Commissioner, under any such international agreements.
+
+(b) Advice The designated official shall, in consultation with the Deputy Assistant Secretary for International Affairs and the Administrator of the National Marine Fisheries Service, advise the Secretary, Undersecretary of Commerce for Oceans and Atmosphere, and other senior officials of the Department of Commerce and the National Oceanic and Atmospheric Administration on development of policy on international fisheries conservation and management matters.
+
+(c) Consultation The designated official shall consult with the Senate Committee on Commerce, Science, and Transportation and the House Committee on Resources on matters pertaining to any regional or international negotiation concerning living marine resources, including shellfish.
+
+(d) Delegation The designated official may delegate and authorize successive re-delegation of such functions, powers, and duties to such officers and employees of the National Oceanic and Atmospheric Administration as deemed necessary to discharge the responsibility of the Office.
+
+(e) Effective date This section shall take effect on January 1, 2009.
+
+(Pub. L. 109–479, title IV, § 408, Jan. 12, 2007, 120 Stat. 3634.)
+
+## Notes
+
+Editorial Notes
+
+Codification Section was enacted as part of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
+
+Statutory Notes and Related Subsidiaries
+
+Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.