13. Wildlife Sanctuary for Humpback Whales (Public Law 99-630) 14. RMS Titanic Maritime Memorial Act of 1986 (Public Law 99–513) (partial 18. American Fisheries Promotion Act (Public Law 96-561) (partial text) 19. Endangered Species Act of 1973, as amended (Public Law 93-205) (par- NOTE. Conventions and agreements referred to by Acts a. Magnuson-Stevens Fishery Conservation and Partial Text of Public Law 94-265 [H.R. 200], 90 Stat. 331, approved April 13, 1976; as amended by Public Law 95-6 [Fishery Conservation Zone Transition Act; H.J. Res. 240], 91 Stat 14, approved February 1, 1977; Pub- lic Law 95-354 (H.R. 10732], 92 Stat. 519, approved August 28, 1978; Public Law 96-61 [S. 917], 93 Stat. 407, approved August 15, 1979; Public Law 96- 118 [H.R. 2035], 93 Stat. 859, approved November 16, 1979; Public Law 96- 470 [Congressional Reports Elimination Act of 1980; H.R. 6686], 94 Stat. 2237, approved October 19, 1980; Public Law 96-561 [American Fisheries Promotion Act; S. 2163], 94 Stat. 3275, approved December 22, 1980; Pub- lic Law 97-191 [S. 2535], 96 Stat. 107, approved June 1, 1982; Public Law 97-453 [H.R. 5002], 96 Stat. 2481, approved January 12, 1983; Public Law 98-623 [H.R. 6342], 98 Stat. 3394 at 3408, approved November 8, 1984; Pub- lic Law 99-659 [S. 991]; 100 Stat. 3607, approved November 14, 1986; Pub- lic Law 100-239 [Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987; H.R. 2598]; 101 Stat. 1778, approved January 11, 1988; Public Law 101-627 [Fishery Conservation Amendments of 1990; H.R. 2061), 104 Stat. 4436, approved November 28, 1990; Public Law 102-251 [Flower Garden Banks National Marine Sanctuary; H.R. 3866], 106 Stat. 60, approved March 9, 1992; Public Law 103-237 [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; Public Law 103-437 [U.S. Code Technical Amendments; H.R. 4777], 108 Stat. 4581, approved November 2, 1994; Public Law 104-208 [Depart- ment of Commerce and Related Agencies Appropriations Act; title II of section 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; and by Public Law 104-297 [Sustainable Fisheries Act; S. 39], 110 Stat. 3559, approved October 11, 1996 AN ACT To provide for the conservation and management of the fisheries, and for Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Magnuson-Stevens Fishery Conservation and Man- 116 U.S.C. 1801 note. Sec. 238 of Public Law 96-561 changed the name of this Act from the "Fishery Conservation and Management Act of 1976", effective Jan. 6, 1981. Sec. 238 further stipulated that all references to the Fishery Conservation and Management Act of 1976 shall be redesignated as references to the Magnuson Fishery Conservation and Management Act of Sec. 211(a) of the Department of Commerce and Related Agencies Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public Law 104-208; 101 Stat. 3009), subsequently amended section 1 to change the name from "Magnuson" to "Magnuson-Stevens", and struck out "of 1976" following "Act". Sec. 211(b) of that Act provided that: "Effective 15 days after the enactment of the Sustainable Fisheries Act [enacted October 11, 1996], all references to the Magnuson Fish- ery Conservation and Management Act shall be redesignated as references to the Magnuson- Stevens Fishery Conservation and Management Act.". 2 Effective January 1, 1992, pursuant to sec. 103(b) and (c) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4439), the title for sec. 102 became "Highly TITLE I-UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES Sec. 101. United States sovereign rights to fish and fishery management authority. Sec. 102. Highly migratory species.2 Sec. 103. Highly migratory species. Sec. 104. Effective date. TITLE II-FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS Sec. 201. Foreign fishing. Sec. 202. International fishery agreements. Sec. 203. Congressional oversight of governing international fishery agreements. Sec. 204. Permits for foreign fishing. Sec. 205. Import prohibitions. Sec. 206. Large-scale driftnet fishing.3 TITLE III-NATIONAL FISHERY MANAGEMENT PROGRAM TITLE IV-FISHERY MONITORING AND RESEARCH SEC. 2.4 FINDINGS, PURPOSES AND POLICY. (1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities. (2) 5 Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels. (3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery_resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen. 9 Amended from "Transitional provisions" by sec. 107(b) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4444). 416 U.S.C. 1801. 5 Sec. 101(1) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3560) amended and restated para. (2), which had formerly read as follows: "(2) 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.". (4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effective international agreement on fishery management jurisdiction can be negotiated, signed, ratified, and implemented. (5) Fishery resources are finite but renewable. If placed under sound management before overfishing has caused irreversible effects, the fisheries can be conserved and maintained so as to provide optimum yields on a continuing basis. (6) A national program for the conservation and management of the fishery resources of the United States is necessary to prevent overfishing, to rebuild overfished stocks, to insure conservation, to facilitate long-term protection of essential fish habitats, and to realize the full potential of the Nation's fish ery resources. (7) A national program for the development of fisheries which are underutilized or not utilized by United States fishing industry, including bottom fish off Alaska, is necessary to assure that our citizens benefit from the employment, food supply, and revenue which could be generated thereby. (8)8 The collection of reliable data is essential to the effective conservation, management, and scientific understanding of the fishery resources of the United States. (9)9 One of the greatest long-term threats to the viability ‘(9) One of the greatest long-term threats to the viability of commercial and recreational fisheries is the continuing loss of marine, estuarine, and other aquatic habitats. Habitat considerations should receive increased attention for the conservation and management of fishery resources of the United States. (10) Pacific Insular Areas contain unique historical, cultural, legal, political, and geographical circumstances which make fisheries resources important in sustaining their economic growth. (b) PURPOSES.-It is therefore declared to be the purposes of the Congress in this Act (1) 10 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 exercising (A) sovereign rights for the purposes of exploring, exploiting, conserving, and managing all fish,11 within the exclusive economic zone established by Presidential Proclamation 5030, dated March 10, 1983, and (B) exclusive fishery management authority beyond the exclu • Sec. 101(2) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3560) inserted "to facilitate long-term protection of essential fish habitats," after "conservation,". 7 Sec. 2(a) of Public Law 95-354 (92 Stat. 519) struck out "United States fishing industry" and inserted in lieu thereof "United States fishermen". Sec. 101(a) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) added para. (8). Sec. 101(3) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3560) added paras. (9) and (10). 10 Par. (1) was comprehensively amended and restated by sec. 101(c)(1) of Public Law 99-659 (100 Stat. 3707). 11 Sec. 101(bX1) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 sive economic zone over such anadromous species and Continental Shelf fishery resources, and fishery resources in the special areas; 12 (2) to support and encourage the implementation and enforcement of international fishery agreements for the conservation and management of highly migratory species, and to encourage the negotiation and implementation of additional such agreements as necessary; (3) to promote domestic commercial and recreational fishing under sound conservation and management principles, including the promotion of catch and release programs in recreational fishing; 13 (4) to provide for the preparation and implementation, in accordance with national standards, of fishery management plans which will achieve and maintain, on a continuing basis, the optimum yield from each fishery; (5) to establish Regional Fishery Management Councils to exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of 14 such plans under circumstances (A) which will enable the States, the fishing industry, consumer and environmental organizations, and other interested persons to participate in, and advise on, the establishment and administration of such plans, and (B) which take into account the social and economic needs of the States; 15 (6) to encourage the development by the United States fishing industry 16 of fisheries which are currently underutilized or not utilized by United States fishermen, including bottom fish off Alaska, and to that end, to ensure that optimum yield determinations promote such development in a non-wasteful manner; and 17 (7) 18 to promote the protection of essential fish habitat in the review of projects conducted under Federal permits, licenses, or other authorities that affect or have the potential to affect such habitat. (c) POLICY. It is further declared to be the policy of the Congress in this Act (1) to maintain without change the existing territorial or other ocean jurisdiction of the United States for all purposes 12 Sec. 301(a) of Public Law 102-251 (106 Stat. 62) inserted ", and fishery resources in the special areas" before the semicolon. 13 Sec. 101(4) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3560) struck out "principles;" and inserted in lieu thereof "principles, including the promotion of catch and release programs in recreational fishing;". 14 Sec. 101(b)(2) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) struck out "prepare, monitor, and revise" and inserted in lieu thereof "exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of". 15 Sec. 101(5) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3560) struck out "and" after the semicolon at the end of subsec. (b)(5). 16 Sec. 2(b) of Public Law 95-354 (92 Stat. 519) added "by the United States fishing industry". 17 Sec. 233 of Public Law 96-561 added ", and to that end, to ensure that optimum yield determinations promote such development". Sec. 101(6) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3560) struck out "development." and inserted in lieu thereof "development in a non-wasteful manner; and". 18 Sec. 101(7) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3560) added para. (7). |