Notes on 16 U.S.C. § 1801 : US Code - Notes

Search Notes on 16 U.S.C. § 1801 : US Code - Notes

(Pub. L. 94-265, Sec. 2, Apr. 13, 1976, 90 Stat. 331; Pub. L. 95-
354, Sec. 2, Aug. 28, 1978, 92 Stat. 519; Pub. L. 96-561, title
II, Sec. 233, Dec. 22, 1980, 94 Stat. 3299; Pub. L. 99-659, title
I, Sec. 101(c)(1), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101-627,
title I, Sec. 101, Nov. 28, 1990, 104 Stat. 4437; Pub. L. 102-251,
title III, Sec. 301(a), Mar. 9, 1992, 106 Stat. 62; Pub. L. 104-
297, title I, Sec. 101, Oct. 11, 1996, 110 Stat. 3560.)
AMENDMENT OF SUBSECTION (B)(1)
Pub. L. 102-251, title III, Secs. 301(a), 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
(b)(1) is amended by inserting ", and fishery resources in the
special areas" before the semicolon at the end.
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b) and (c), was in the
original "this Act", meaning Pub. L. 94-265, Apr. 13, 1976, 90
Stat. 331, as amended, 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 below and Tables.
Presidential Proclamation 5030, referred to in subsec. (b)(1), is
set out under section 1453 of this title.
AMENDMENTS
1996 - Subsec. (a)(2). Pub. L. 104-297, Sec. 101(1), added par.
(2) and struck out former par. (2) which read as follows: "As a
consequence of increased fishing pressure and because of the
inadequacy of fishery conservation and management practices and
controls (A) certain stocks of such fish have been overfished to
the point where their survival is threatened, and (B) other such
stocks have been so substantially reduced in number that they could
become similarly threatened."
Subsec. (a)(6). Pub. L. 104-297, Sec. 101(2), inserted "to
facilitate long-term protection of essential fish habitats," after
"to insure conservation,".
Subsec. (a)(9), (10). Pub. L. 104-297, Sec. 101(3), added pars.
(9) and (10).
Subsec. (b)(3). Pub. L. 104-297, Sec. 101(4), substituted
"principles, including the promotion of catch and release programs
in recreational fishing" for "principles".
Subsec. (b)(5). Pub. L. 104-297, Sec. 101(5), struck out "and"
after semicolon at end.
Subsec. (b)(6). Pub. L. 104-297, Sec. 101(6), substituted
"development in a non-wasteful manner; and" for "development."
Subsec. (b)(7). Pub. L. 104-297, Sec. 101(7), added par. (7).
Subsec. (c)(3). Pub. L. 104-297, Sec. 101(8), substituted
"considers efficiency" for "promotes efficiency" and inserted
"minimize bycatch and" after "practical measures that".
Subsec. (c)(7). Pub. L. 104-297, Sec. 101(9)-(11), added par.
(7).
1990 - Subsec. (a)(8). Pub. L. 101-627, Sec. 101(a), added par.
(8).
Subsec. (b)(1)(A). Pub. L. 101-627, Sec. 101(b)(1), struck out
"except highly migratory species" after "fish".
Subsec. (b)(5). Pub. L. 101-627, Sec. 101(b)(2), substituted
"exercise sound judgment in the stewardship of fishery resources
through the preparation, monitoring, and revision of" for "prepare,
monitor, and revise".
Subsec. (c)(3). Pub. L. 101-627, Sec. 101(c)(1), inserted
"considers the effects of fishing on immature fish and encourages
development of practical measures that avoid unnecessary waste of
fish;" after "and enforcement;".
Subsec. (c)(5). Pub. L. 101-627, Sec. 101(c)(3), substituted ",
and to secure agreements to regulate fishing by vessels or persons
beyond the exclusive economic zones of any nation; and" for period
at end.
Subsec. (c)(6). Pub. L. 101-627, Sec. 101(c)(4), added par. (6).
1986 - Subsec. (b)(1). Pub. L. 99-659, Sec. 101(c)(1)(A), amended
par. (1) generally. Prior to amendment, par. (1) read as follows:
"to take immediate action to conserve and manage the fishery
resources found off the coasts of the United States, and the
anadromous species and Continental Shelf fishery resources of the
United States, by establishing (A) a fishery conservation zone
within which the United States will assume exclusive fishery
management authority over all fish, except highly migratory
species, and (B) exclusive fishery management authority beyond such
zone over such anadromous species and Continental Shelf fishery
resources;".
Subsec. (c)(5). Pub. L. 99-659, Sec. 101(c)(1)(B), amended par.
(5) generally. Prior to amendment, par. (5) read as follows: "to
support and encourage continued active United States efforts to
obtain an internationally acceptable treaty, at the Third United
Nations Conference on the Law of the Sea, which provides for
effective conservation and management of fishery resources."
1980 - Subsec. (b)(6). Pub. L. 96-561 inserted ", and to that
end, to ensure that optimum yield determinations promote such
development" after "fish off Alaska".
1978 - Subsec. (a)(7). Pub. L. 95-354, Sec. 2(a), substituted
"the United States fishing industry" for "United States fishermen".
Subsec. (b)(6). Pub. L. 95-354, Sec. 2(b), inserted requirement
for development by the United States fishing industry.
REFERENCES TO MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT
ACT CONSIDERED TO INCLUDE SECTION 401(A) OF PUB. L. 108-219
References to the Magnuson-Stevens Fishery Conservation and
Management Act or any provision of that Act considered to be
references to that Act as it would be in effect if section 401(a)
of Pub. L. 108-219 were a provision of that Act, see section
401(c)(1) of Pub. L. 108-219, set out in an Implementation of
Pacific Albacore Tuna Treaty note under section 1821 of this title.
REFERENCES TO MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT
REDESIGNATED AS REFERENCES TO MAGNUSON-STEVENS FISHERY CONSERVATION
AND MANAGEMENT ACT
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that:
"Effective 15 days after the enactment of the Sustainable Fisheries
Act [Pub. L. 104-297, enacted Oct. 11, 1996], all references to the
Magnuson Fishery Conservation and Management Act [see Short Title
note below] shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act."
REFERENCES TO FISHERY CONSERVATION AND MANAGEMENT ACT OF 1976
REDESIGNATED AS REFERENCES TO MAGNUSON FISHERY CONSERVATION AND
MANAGEMENT ACT
Section 238(b) of title II of Pub. L. 96-561 provided that:
"Effective 15 days after the date of enactment of this title [Dec.
22, 1980], all references to the Fishery Conservation and
Management Act of 1976 [see Short title note below] shall be
redesignated as references to the Magnuson Fishery Conservation and
Management Act."
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment 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.
SHORT TITLE OF 1996 AMENDMENT
Section 1(a) of Pub. L. 104-297 provided that: "This Act
[enacting sections 1803, 1861a, 1881 to 1881d, 1883, 5107a, and
5107b of this title and sections 1279f and 1279g of Title 46,
Appendix, Shipping, amending this section, sections 757d, 1362,
1802, 1812, 1821 to 1824, 1826, 1851 to 1858, 1860, 1861, 1862,
1863, 1882, 1883, 4107, 5102, 5103, and 5108 of this title, section
713c-3 of Title 15, Commerce and Trade, and section 1274 of Title
46, Appendix, enacting provisions set out as notes under sections
1802, 1853 to 1856, 1861a, and 1881c of this title and section 1245
of Title 46, Appendix, amending provisions set out as a note under
section 971c of this title, and repealing provisions set out as a
note under section 1851 of this title] may be cited as the
'Sustainable Fisheries Act'."
SHORT TITLE OF 1995 AMENDMENT
Pub. L. 104-43, title VI, Sec. 601, Nov. 3, 1995, 109 Stat. 391,
provided that: "This title [enacting sections 1826d to 1826g of
this title and provisions set out as a note under section 1826d of
this title] may be cited as the 'High Seas Driftnet Fishing
Moratorium Protection Act'."
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-582, Sec. 1, Nov. 2, 1992, 106 Stat. 4900, provided
that: "This Act [enacting sections 1826a to 1826c of this title and
section 1707a of Title 46, Appendix, Shipping, amending sections
1362, 1371, 1852, and 1862 of this title, section 1978 of Title 22,
Foreign Relations and Intercourse, and section 2110 of Title 46,
repealing section 1111c of Title 46, Appendix, and enacting
provisions set out as notes under sections 1823, 1826a, and 1861 of
this title and section 2110 of Title 46] may be cited as the 'High
Seas Driftnet Fisheries Enforcement Act'."
SHORT TITLE OF 1990 AMENDMENT
Section 1(a) of Pub. L. 101-627 provided that: "The Act [enacting
sections 971b-1, 1385, and 1862 of this title, amending this
section, sections 757d, 758e-5, 971a, 971b, 971d, 971h, 1371, 1802,
1811, 1812, 1821, 1822, 1824 to 1826, 1852 to 1861, 1882, 4005,
4006, 4008, 4103, and 4107 of this title, section 713c-3 of Title
15, Commerce and Trade, and section 1977 of Title 22, Foreign
Relations and Intercourse, and enacting provisions set out as notes
under sections 971a, 1373, 1802, 1812, 1822, 1825, 1854, 4004, and
4005 of this title] may be cited as the 'Fishery Conservation
Amendments of 1990'."
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100-220, Sec. 1, Dec. 29, 1987, 101 Stat. 1458, provided
that: "This Act [enacting section 1912 of Title 33, Navigation and
Navigable Waters, amending sections 1121 to 1131, 1901 to 1903,
1905, and 1907 to 1909 of Title 33, and enacting provisions set out
as notes under this section, sections 1822 and 1823 of this title,
sections 883a, 1121, 1125, 1901, 1902, and 2267 of Title 33, and
section 6981 of Title 42, The Public Health and Welfare] may be
cited as the 'United States-Japan Fishery Agreement Approval Act of
1987'."
SHORT TITLE OF 1980 AMENDMENT
Section 201 of title II of Pub. L. 96-561 provided that: "This
title [enacting section 1511b of Title 15, Commerce and Trade,
amending sections 917, 1801, 1821, 1824, 1852, and 1855 of this
title, section 713c-3 of Title 15, sections 1972 and 1980 of Title
22, Foreign Relations and Intercourse, section 1321 of Title 33,
Navigation and Navigable Waters, section 1843 of Title 43, Public
Lands, and sections 1271, 1273, 1274, and 1275 of Title 46,
Appendix, Shipping, and enacting provisions set out as notes under
this section, sections 742c, 1821, and 1824 of this title, and
section 1980 of Title 22] may be cited as the 'American Fisheries
Promotion Act'."
SHORT TITLE OF 1977 AMENDMENT
Pub. L. 95-6, Sec. 1, Feb. 21, 1977, 91 Stat. 14, provided: "That
this joint resolution [enacting section 1826 of this title,
repealing sections 981 to 991 of this title, and enacting
provisions set out as notes under sections 981 and 1823 of this
title] may be cited as the 'Fishery Conservation Zone Transition
Act'."
SHORT TITLE
Section 1 of Pub. L. 94-265, as amended by Pub. L. 96-561, title
II, Sec. 238(a), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title II, Sec. 211(a)], Sept. 30,
1996, 110 Stat. 3009, 3009-41, provided: "That this Act [enacting
this chapter, amending section 971 of this title and sections 1972
and 1973 of Title 22, Foreign Relations and Intercourse, enacting
provisions set out as notes under this section and sections 971,
1362, 1857 of this title, and sections 1972 and 1973 of Title 22,
and repealing chapters 21 and 21A of this title] may be cited as
the 'Magnuson-Stevens Fishery Conservation and Management Act'."
[Section 101(a) [title II, Sec. 211(a)] of div. A of Pub. L. 104-
208 provided that the amendment made by that section to section 1
of Pub. L. 94-265, set out above, is effective 15 days after Oct.
11, 1996.]
[Section 238(a) of Pub. L. 96-561 provided that the amendment
made by that section to section 1 of Pub. L. 94-265, set out above,
is effective 15 days after Dec. 22, 1980.]
EX. ORD. NO. 12962. RECREATIONAL FISHERIES
Ex. Ord. No. 12962, June 7, 1995, 60 F.R. 30769, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in furtherance of
the purposes of the Fish and Wildlife Act of 1956 (16 U.S.C.
742a-d, and e-j), the Fish and Wildlife Coordination Act (16
U.S.C. 661-666c), the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), and the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801-1882), and other pertinent statutes,
and in order to conserve, restore, and enhance aquatic systems to
provide for increased recreational fishing opportunities
nationwide, it is ordered as follows:
Section 1. Federal Agency Duties. Federal agencies shall, to the
extent permitted by law and where practicable, and in cooperation
with States and Tribes, improve the quantity, function, sustainable
productivity, and distribution of U.S. aquatic resources for
increased recreational fishing opportunities by: (a) developing and
encouraging partnerships between governments and the private sector
to advance aquatic resource conservation and enhance recreational
fishing opportunities;
(b) identifying recreational fishing opportunities that are
limited by water quality and habitat degradation and promoting
restoration to support viable, healthy, and, where feasible, self-
sustaining recreational fisheries;
(c) fostering sound aquatic conservation and restoration
endeavors to benefit recreational fisheries;
(d) providing access to and promoting awareness of opportunities
for public participation and enjoyment of U.S. recreational fishery
resources;
(e) supporting outreach programs designed to stimulate angler
participation in the conservation and restoration of aquatic
systems;
(f) implementing laws under their purview in a manner that will
conserve, restore, and enhance aquatic systems that support
recreational fisheries;
(g) establishing cost-share programs, under existing authorities,
that match or exceed Federal funds with nonfederal contributions;
(h) evaluating the effects of Federally funded, permitted, or
authorized actions on aquatic systems and recreational fisheries
and document those effects relative to the purpose of this order;
and
(i) assisting private landowners to conserve and enhance aquatic
resources on their lands.
Sec. 2. National Recreational Fisheries Coordination Council. A
National Recreational Fisheries Coordination Council ("Coordination
Council") is hereby established. The Coordination Council shall
consist of seven members, one member designated by each of the
following Secretaries - Interior, Commerce, Agriculture, Energy,
Transportation, and Defense - and one by the Administrator of the
Environmental Protection Agency. The Coordination Council shall:
(a) ensure that the social and economic values of healthy aquatic
systems that support recreational fisheries are considered by
Federal agencies in the course of their actions;
(b) reduce duplicative and cost-inefficient programs among
Federal agencies involved in conserving or managing recreational
fisheries;
(c) share the latest resource information and management
technologies to assist in the conservation and management of
recreational fisheries;
(d) assess the implementation of the Conservation Plan required
under section 3 of this order; and
(e) develop a biennial report of accomplishments of the
Conservation Plan.
The representatives designated by the Secretaries of Commerce and
the Interior shall cochair the Coordination Council.
Sec. 3. Recreational Fishery Resources Conservation Plan. (a)
Within 12 months of the date of this order, the Coordination
Council, in cooperation with Federal agencies, States, and Tribes,
and after consulting with the Federally chartered Sport Fishing and
Boating Partnership Council, shall develop a comprehensive
Recreational Fishery Resources Conservation Plan ("Conservation
Plan").
(b) The Conservation Plan will set forth a 5-year agenda for
Federal agencies identified by the Coordination Council. In so
doing, the Conservation Plan will establish, to the extent
permitted by law and where practicable; (1) measurable objectives
to conserve and restore aquatic systems that support viable and
healthy recreational fishery resources, (2) actions to be taken by
the identified Federal agencies, (3) a method of ensuring the
accountability of such Federal agencies, and (4) a comprehensive
mechanism to evaluate achievements. The Conservation Plan will, to
the extent practicable, be integrated with existing plans and
programs, reduce duplication, and will include recommended actions
for cooperation with States, Tribes, conservation groups, and the
recreational fisheries community.
Sec. 4. Joint Policy for Administering the Endangered Species Act
of 1973. All Federal agencies will aggressively work to identify
and minimize conflicts between recreational fisheries and their
respective responsibilities under the Endangered Species Act of
1973 ("ESA") (16 U.S.C. 1531 et seq.). Within 6 months of the date
of this order, the Fish and Wildlife Service and the National
Marine Fisheries Service will promote compatibility and reduce
conflicts between the administration of the ESA and recreational
fisheries by developing a joint agency policy that will; (1) ensure
consistency in the administration of the ESA between and within the
two agencies, (2) promote collaboration with other Federal, State,
and Tribal fisheries managers, and (3) improve and increase efforts
to inform nonfederal entities of the requirements of the ESA.
Sec. 5. Sport Fishing and Boating Partnership Council. To assist
in the implementation of this order, the Secretary of the Interior
shall expand the role of the Sport Fishing and Boating Partnership
Council to: (a) monitor specific Federal activities affecting
aquatic systems and the recreational fisheries they support;
(b) review and evaluate the relation of Federal policies and
activities to the status and conditions of recreational fishery
resources; and
(c) prepare an annual report of its activities, findings, and
recommendations for submission to the Coordination Council.
Sec. 6. Judicial Review. This order is intended only to improve
the internal management of the executive branch and it is not
intended to create any right, benefit or trust responsibility,
substantive or procedural, enforceable at law or equity by a party
against the United States, its agencies, its officers, or any other
person.
William J. Clinton.