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-
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.
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.
1So in original.
2See References in Text note below.
3So in original. Probably should be section "1857(1)".
16 U.S.C. § 1862
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.
CODIFICATIONIn 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
FEES Pub. 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."
- Council
- The term "Council" means any Regional Fishery Management Council established under section 1852 of this title.
- Secretary
- The term "Secretary" means the Secretary of Commerce or his designee.
- State
- The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States.
- United States fish processors
- The term "United States fish processors" means facilities located within the United States for, and vessels of the United States used or equipped for, the processing of fish for commercial use or consumption.
- bycatch
- The term "bycatch" means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery management program.
- conservation and management
- The term "conservation and management" refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that-(i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis;(ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and(iii) there will be a multiplicity of options available with respect to future uses of these resources.
- economic discards
- The term "economic discards" means fish which are the target of a fishery, but which are not retained because they are of an undesirable size, sex, or quality, or for other economic reasons.
- fish
- The term "fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.
- fishery
- The term "fishery" means-(A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and(B) any fishing for such stocks.
- fishing vessel
- The term "fishing vessel" means any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type which is normally used for-(A) fishing; or(B) aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing.
- fishing
- The term "fishing" means-(A) the catching, taking, or harvesting of fish;(B) the attempted catching, taking, or harvesting of fish;(C) any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or(D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C).Such term does not include any scientific research activity which is conducted by a scientific research vessel.
- individual fishing quota
- The term "individual fishing quota" means a Federal permit under a limited access system to harvest a quantity of fish, expressed by a unit or units representing a percentage of the total allowable catch of a fishery that may be received or held for exclusive use by a person. Such term does not include community development quotas as described in section 1855(i) of this title.
- observer
- The term "observer" means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits under this chapter.
- person
- The term "person" means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government.
- regulatory discards
- The term "regulatory discards" means fish harvested in a fishery which fishermen are required by regulation to discard whenever caught, or are required by regulation to retain but not sell.