
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1854]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
 
           SUBCHAPTER IV--NATIONAL FISHERY MANAGEMENT PROGRAM
 
Sec. 1854. Action by Secretary


(a) Review of plans

    (1) Upon transmittal by the Council to the Secretary of a fishery 
management plan or plan amendment, the Secretary shall--
        (A) immediately commence a review of the plan or amendment to 
    determine whether it is consistent with the national standards, the 
    other provisions of this chapter, and any other applicable law; and
        (B) immediately publish in the Federal Register a notice stating 
    that the plan or amendment is available and that written 
    information, views, or comments of interested persons on the plan or 
    amendment may be submitted to the Secretary during the 60-day period 
    beginning on the date the notice is published.

    (2) In undertaking the review required under paragraph (1), the 
Secretary shall--
        (A) take into account the information, views, and comments 
    received from interested persons;
        (B) consult with the Secretary of State with respect to foreign 
    fishing; and
        (C) consult with the Secretary of the department in which the 
    Coast Guard is operating with respect to enforcement at sea and to 
    fishery access adjustments referred to in section 1853(a)(6) of this 
    title.

    (3) The Secretary shall approve, disapprove, or partially approve a 
plan or amendment within 30 days of the end of the comment period under 
paragraph (1) by written notice to the Council. A notice of disapproval 
or partial approval shall specify--
        (A) the applicable law with which the plan or amendment is 
    inconsistent;
        (B) the nature of such inconsistencies; and
        (C) recommendations concerning the actions that could be taken 
    by the Council to conform such plan or amendment to the requirements 
    of applicable law.

If the Secretary does not notify a Council within 30 days of the end of 
the comment period of the approval, disapproval, or partial approval of 
a plan or amendment, then such plan or amendment shall take effect as if 
approved.
    (4) If the Secretary disapproves or partially approves a plan or 
amendment, the Council may submit a revised plan or amendment to the 
Secretary for review under this subsection.
    (5) For purposes of this subsection and subsection (b) of this 
section, the term ``immediately'' means on or before the 5th day after 
the day on which a Council transmits to the Secretary a fishery 
management plan, plan amendment, or proposed regulation that the Council 
characterizes as final.

(b) Review of regulations

    (1) Upon transmittal by the Council to the Secretary of proposed 
regulations prepared under section 1853(c) of this title, the Secretary 
shall immediately initiate an evaluation of the proposed regulations to 
determine whether they are consistent with the fishery management plan, 
plan amendment, this chapter and other applicable law. Within 15 days of 
initiating such evaluation the Secretary shall make a determination 
and--
        (A) if that determination is affirmative, the Secretary shall 
    publish such regulations in the Federal Register, with such 
    technical changes as may be necessary for clarity and an explanation 
    of those changes, for a public comment period of 15 to 60 days; or
        (B) if that determination is negative, the Secretary shall 
    notify the Council in writing of the inconsistencies and provide 
    recommendations on revisions that would make the proposed 
    regulations consistent with the fishery management plan, plan 
    amendment, this chapter, and other applicable law.

    (2) Upon receiving a notification under paragraph (1)(B), the 
Council may revise the proposed regulations and submit them to the 
Secretary for reevaluation under paragraph (1).
    (3) The Secretary shall promulgate final regulations within 30 days 
after the end of the comment period under paragraph (1)(A). The 
Secretary shall consult with the Council before making any revisions to 
the proposed regulations, and must publish in the Federal Register an 
explanation of any differences between the proposed and final 
regulations.

(c) Preparation and review of Secretarial plans

    (1) The Secretary may prepare a fishery management plan, with 
respect to any fishery, or any amendment to any such plan, in accordance 
with the national standards, the other provisions of this chapter, and 
any other applicable law, if--
        (A) the appropriate Council fails to develop and submit to the 
    Secretary, after a reasonable period of time, a fishery management 
    plan for such fishery, or any necessary amendment to such a plan, if 
    such fishery requires conservation and management;
        (B) the Secretary disapproves or partially disapproves any such 
    plan or amendment, or disapproves a revised plan or amendment, and 
    the Council involved fails to submit a revised or further revised 
    plan or amendment; or
        (C) the Secretary is given authority to prepare such plan or 
    amendment under this section.

    (2) In preparing any plan or amendment under this subsection, the 
Secretary shall--
        (A) conduct public hearings, at appropriate times and locations 
    in the geographical areas concerned, so as to allow interested 
    persons an opportunity to be heard in the preparation and amendment 
    of the plan and any regulations implementing the plan; and
        (B) consult with the Secretary of State with respect to foreign 
    fishing and with the Secretary of the department in which the Coast 
    Guard is operating with respect to enforcement at sea.

    (3) Notwithstanding paragraph (1) for a fishery under the authority 
of a Council, the Secretary may not include in any fishery management 
plan, or any amendment to any such plan, prepared by him, a provision 
establishing a limited access system, including any individual fishing 
quota program, unless such system is first approved by a majority of the 
voting members, present and voting, of each appropriate Council.
    (4) Whenever the Secretary prepares a fishery management plan or 
plan amendment under this section, the Secretary shall immediately--
        (A) for a plan or amendment for a fishery under the authority of 
    a Council, submit such plan or amendment to the appropriate Council 
    for consideration and comment; and
        (B) publish in the Federal Register a notice stating that the 
    plan or amendment is available and that written information, views, 
    or comments of interested persons on the plan or amendment may be 
    submitted to the Secretary during the 60-day period beginning on the 
    date the notice is published.

    (5) Whenever a plan or amendment is submitted under paragraph 
(4)(A), the appropriate Council must submit its comments and 
recommendations, if any, regarding the plan or amendment to the 
Secretary before the close of the 60-day period referred to in paragraph 
(4)(B). After the close of such 60-day period, the Secretary, after 
taking into account any such comments and recommendations, as well as 
any views, information, or comments submitted under paragraph (4)(B), 
may adopt such plan or amendment.
    (6) The Secretary may propose regulations in the Federal Register to 
implement any plan or amendment prepared by the Secretary. In the case 
of a plan or amendment to which paragraph (4)(A) applies, such 
regulations shall be submitted to the Council with such plan or 
amendment. The comment period on proposed regulations shall be 60 days, 
except that the Secretary may shorten the comment period on minor 
revisions to existing regulations.
    (7) The Secretary shall promulgate final regulations within 30 days 
after the end of the comment period under paragraph (6). The Secretary 
must publish in the Federal Register an explanation of any substantive 
differences between the proposed and final rules. All final regulations 
must be consistent with the fishery management plan, with the national 
standards and other provisions of this chapter, and with any other 
applicable law.

(d) Establishment of fees

    (1) The Secretary shall by regulation establish the level of any 
fees which are authorized to be charged pursuant to section 1853(b)(1) 
of this title. The Secretary may enter into a cooperative agreement with 
the States concerned under which the States administer the permit system 
and the agreement may provide that all or part of the fees collected 
under the system shall accrue to the States. The level of fees charged 
under this subsection shall not exceed the administrative costs incurred 
in issuing the permits.
    (2)(A) Notwithstanding paragraph (1), the Secretary is authorized 
and shall collect a fee to recover the actual costs directly related to 
the management and enforcement of any--
        (i) individual fishing quota program; and
        (ii) community development quota program that allocates a 
    percentage of the total allowable catch of a fishery to such 
    program.

    (B) Such fee shall not exceed 3 percent of the ex-vessel value of 
fish harvested under any such program, and shall be collected at either 
the time of the landing, filing of a landing report, or sale of such 
fish during a fishing season or in the last quarter of the calendar year 
in which the fish is harvested.
    (C)(i) Fees collected under this paragraph shall be in addition to 
any other fees charged under this chapter and shall be deposited in the 
Limited Access System Administration Fund established under section 
1855(h)(5)(B) of this title, except that the portion of any such fees 
reserved under section 1853(d)(4)(A) of this title shall be deposited in 
the Treasury and available, subject to annual appropriations, to cover 
the costs of new direct loan obligations and new loan guarantee 
commitments as required by section 661c(b)(1) \1\ of title 2.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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    (ii) Upon application by a State, the Secretary shall transfer to 
such State up to 33 percent of any fee collected pursuant to 
subparagraph (A) under a community development quota program and 
deposited in the Limited Access System Administration Fund in order to 
reimburse such State for actual costs directly incurred in the 
management and enforcement of such program.

(e) Rebuilding overfished fisheries

    (1) The Secretary shall report annually to the Congress and the 
Councils on the status of fisheries within each Council's geographical 
area of authority and identify those fisheries that are overfished or 
are approaching a condition of being overfished. For those fisheries 
managed under a fishery management plan or international agreement, the 
status shall be determined using the criteria for overfishing specified 
in such plan or agreement. A fishery shall be classified as approaching 
a condition of being overfished if, based on trends in fishing effort, 
fishery resource size, and other appropriate factors, the Secretary 
estimates that the fishery will become overfished within two years.
    (2) If the Secretary determines at any time that a fishery is 
overfished, the Secretary shall immediately notify the appropriate 
Council and request that action be taken to end overfishing in the 
fishery and to implement conservation and management measures to rebuild 
affected stocks of fish. The Secretary shall publish each notice under 
this paragraph in the Federal Register.
    (3) Within one year of an identification under paragraph (1) or 
notification under paragraphs (2) or (7), the appropriate Council (or 
the Secretary, for fisheries under section 1852(a)(3) of this title) 
shall prepare a fishery management plan, plan amendment, or proposed 
regulations for the fishery to which the identification or notice 
applies--
        (A) to end overfishing in the fishery and to rebuild affected 
    stocks of fish; or
        (B) to prevent overfishing from occurring in the fishery 
    whenever such fishery is identified as approaching an overfished 
    condition.

    (4) For a fishery that is overfished, any fishery management plan, 
amendment, or proposed regulations prepared pursuant to paragraph (3) or 
paragraph (5) for such fishery shall--
        (A) specify a time period for ending overfishing and rebuilding 
    the fishery that shall--
            (i) be as short as possible, taking into account the status 
        and biology of any overfished stocks of fish, the needs of 
        fishing communities, recommendations by international 
        organizations in which the United States participates, and the 
        interaction of the overfished stock of fish within the marine 
        ecosystem; and
            (ii) not exceed 10 years, except in cases where the biology 
        of the stock of fish, other environmental conditions, or 
        management measures under an international agreement in which 
        the United States participates dictate otherwise;

        (B) allocate both overfishing restrictions and recovery benefits 
    fairly and equitably among sectors of the fishery; and
        (C) for fisheries managed under an international agreement, 
    reflect traditional participation in the fishery, relative to other 
    nations, by fishermen of the United States.

    (5) If, within the one-year period beginning on the date of 
identification or notification that a fishery is overfished, the Council 
does not submit to the Secretary a fishery management plan, plan 
amendment, or proposed regulations required by paragraph (3)(A), the 
Secretary shall prepare a fishery management plan or plan amendment and 
any accompanying regulations to stop overfishing and rebuild affected 
stocks of fish within 9 months under subsection (c) of this section.
    (6) During the development of a fishery management plan, a plan 
amendment, or proposed regulations required by this subsection, the 
Council may request the Secretary to implement interim measures to 
reduce overfishing under section 1855(c) of this title until such 
measures can be replaced by such plan, amendment, or regulations. Such 
measures, if otherwise in compliance with the provisions of this 
chapter, may be implemented even though they are not sufficient by 
themselves to stop overfishing of a fishery.
    (7) The Secretary shall review any fishery management plan, plan 
amendment, or regulations required by this subsection at routine 
intervals that may not exceed two years. If the Secretary finds as a 
result of the review that such plan, amendment, or regulations have not 
resulted in adequate progress toward ending overfishing and rebuilding 
affected fish stocks, the Secretary shall--
        (A) in the case of a fishery to which section 1852(a)(3) of this 
    title applies, immediately make revisions necessary to achieve 
    adequate progress; or
        (B) for all other fisheries, immediately notify the appropriate 
    Council. Such notification shall recommend further conservation and 
    management measures which the Council should consider under 
    paragraph (3) to achieve adequate progress.

(f) Fisheries under authority of more than one Council

    (1) Except as provided in paragraph (3),\1\ if any fishery extends 
beyond the geographical area of authority of any one Council, the 
Secretary may--
        (A) designate which Council shall prepare the fishery management 
    plan for such fishery and any amendment to such plan; or
        (B) may require that the plan and amendment be prepared jointly 
    by the Councils concerned.

No jointly prepared plan or amendment may be submitted to the Secretary 
unless it is approved by a majority of the voting members, present and 
voting, of each Council concerned.
    (2) The Secretary shall establish the boundaries between the 
geographical areas of authority of adjacent Councils.

(g) Atlantic highly migratory species

    (1) Preparation and implementation of plan or plan amendment

        The Secretary shall prepare a fishery management plan or plan 
    amendment under subsection (c) of this section with respect to any 
    highly migratory species fishery to which section 1852(a)(3) of this 
    title applies. In preparing and implementing any such plan or 
    amendment, the Secretary shall--
            (A) consult with and consider the comments and views of 
        affected Councils, commissioners and advisory groups appointed 
        under Acts implementing relevant international fishery 
        agreements pertaining to highly migratory species, and the 
        advisory panel established under section 1852(g) of this title;
            (B) establish an advisory panel under section 1852(g) of 
        this title for each fishery management plan to be prepared under 
        this paragraph;
            (C) evaluate the likely effects, if any, of conservation and 
        management measures on participants in the affected fisheries 
        and minimize, to the extent practicable, any disadvantage to 
        United States fishermen in relation to foreign competitors;
            (D) with respect to a highly migratory species for which the 
        United States is authorized to harvest an allocation, quota, or 
        at a fishing mortality level under a relevant international 
        fishery agreement, provide fishing vessels of the United States 
        with a reasonable opportunity to harvest such allocation, quota, 
        or at such fishing mortality level;
            (E) review, on a continuing basis (and promptly whenever a 
        recommendation pertaining to fishing for highly migratory 
        species has been made under a relevant international fishery 
        agreement), and revise as appropriate, the conservation and 
        management measures included in the plan;
            (F) diligently pursue, through international entities (such 
        as the International Commission for the Conservation of Atlantic 
        Tunas), comparable international fishery management measures 
        with respect to fishing for highly migratory species; and
            (G) ensure that conservation and management measures under 
        this subsection--
                (i) promote international conservation of the affected 
            fishery;
                (ii) take into consideration traditional fishing 
            patterns of fishing vessels of the United States and the 
            operating requirements of the fisheries;
                (iii) are fair and equitable in allocating fishing 
            privileges among United States fishermen and do not have 
            economic allocation as the sole purpose; and
                (iv) promote, to the extent practicable, implementation 
            of scientific research programs that include the tagging and 
            release of Atlantic highly migratory species.

        (2) Certain fish excluded from ``bycatch'' definition

        Notwithstanding section 1802(2) of this title, fish harvested in 
    a commercial fishery managed by the Secretary under this subsection 
    or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d) that 
    are not regulatory discards and that are tagged and released alive 
    under a scientific tagging and release program established by the 
    Secretary shall not be considered bycatch for purposes of this 
    chapter.

(h) Repeal or revocation of a fishery management plan

    The Secretary may repeal or revoke a fishery management plan for a 
fishery under the authority of a Council only if the Council approves 
the repeal or revocation by a three-quarters majority of the voting 
members of the Council.

(Pub. L. 94-265, title III, Sec. 304, Apr. 13, 1976, 90 Stat. 352; Pub. 
L. 97-453, Sec. 7(a), Jan. 12, 1983, 96 Stat. 2487; Pub. L. 99-659, 
title I, Sec. 106, Nov. 14, 1986, 100 Stat. 3712; Pub. L. 101-627, title 
I, Secs. 110(a), (b)(1), (c), 111(a)(2), 120(d), Nov. 28, 1990, 104 
Stat. 4449-4452, 4459; Pub. L. 102-567, title III, Sec. 303, Oct. 29, 
1992, 106 Stat. 4283; Pub. L. 103-206, title VII, Sec. 702, Dec. 20, 
1993, 107 Stat. 2446; Pub. L. 104-297, title I, Sec. 109(a)-(c), (e)-
(g), (i), Oct. 11, 1996, 110 Stat. 3581-3585, 3587.)

                       References in Text

    Section 661c(b)(1) of title 2, referred to in subsec. (d)(2)(C)(i), 
was in the original a reference to ``section 504(b)(1) of the Federal 
Credit Reform Act (2 U.S.C. 661c(b)(1))'' and was translated as meaning 
section 504(b)(1) of the Federal Credit Reform Act of 1990, to reflect 
the probable intent of Congress.
    Paragraph (3), referred to in subsec. (f)(1), was repealed by Pub. 
L. 104-297, title I, Sec. 109(f), Oct. 11, 1996, 110 Stat. 3585.
    The Atlantic Tunas Convention Act of 1975, referred to in subsec. 
(g)(2), is Pub. L. 94-70, Aug. 5, 1975, 89 Stat. 385, as amended, which 
is classified generally to chapter 16A (Sec. 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.


                               Amendments

    1996--Subsecs. (a), (b). Pub. L. 104-297, Sec. 109(a), added 
subsecs. (a) and (b) and struck out former subsecs. (a) which related to 
actions by Secretary after receipt of a fishery management plan or 
amendment to a plan and (b) which related to implementation of approved 
plans and amendments and submission and review of revised plans and 
amendments.
    Subsec. (c). Pub. L. 104-297, Sec. 109(b)(1), amended heading to 
read ``Preparation and review of Secretarial plans''.
    Subsec. (c)(1). Pub. L. 104-297, Sec. 109(b)(2)-(4), struck out 
``or'' at end of subpar. (A), substituted ``or amendment; or'' for ``or 
amendment, as the case may be.'' in subpar. (B), added subpar. (C), and 
struck out concluding provisions which read as follows: ``In preparing 
any such plan or amendment, the Secretary shall consult with the 
Secretary of State with respect to foreign fishing and with the 
Secretary of the department in which the Coast Guard is operating with 
respect to enforcement at sea. The Secretary shall also prepare such 
proposed regulations as he deems necessary or appropriate to carry out 
each plan or amendment prepared by him under this paragraph.''
    Subsec. (c)(2). Pub. L. 104-297, Sec. 109(b)(5), added par. (2) and 
struck out former par. (2) which related to procedures for making 
fishery management plans and amendments available for review and 
comment.
    Subsec. (c)(3). Pub. L. 104-297, Sec. 109(b)(6), (7), inserted ``for 
a fishery under the authority of a Council'' after ``paragraph (1)'' and 
substituted ``system, including any individual fishing quota program'' 
for ``system described in section 1853(b)(6) of this title''.
    Subsec. (c)(4) to (7). Pub. L. 104-297, Sec. 109(b)(8), added pars. 
(4) to (7).
    Subsec. (d). Pub. L. 104-297, Sec. 109(c), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (e). Pub. L. 104-297, Sec. 109(e), amended heading and text 
of subsec. (e) generally. Prior to amendment, subsec. (e) required 
Secretary to initiate and maintain a comprehensive program of fishery 
research.
    Subsec. (f)(3). Pub. L. 104-297, Sec. 109(f), struck out par. (3) 
which related to authority of Secretary over any highly migratory 
species fishery that is within the area of authority of more than one of 
certain Councils and to the preparation and amendment of fishery 
management plans with respect to such fishery.
    Subsec. (g). Pub. L. 104-297, Sec. 109(g), added subsec. (g) and 
struck out former subsec. (g) which required the Secretary to establish 
a 3-year program to assess the impact on fishery resources of incidental 
harvest by the shrimp trawl fishery within the authority of the Gulf of 
Mexico Fishery Management Council and the South Atlantic Fishery 
Management Council.
    Subsec. (h). Pub. L. 104-297, Sec. 109(i), added subsec. (h).
    1993--Subsec. (g)(6)(B). Pub. L. 103-206 substituted ``April 1, 
1994'' for ``January 1, 1994''.
    1992--Subsec. (e)(1). Pub. L. 102-567 added par. (1). Former par. 
(1) redesignated (2).
    Subsec. (e)(2). Pub. L. 102-567 redesignated par. (1) as (2) and 
substituted ``(3)'' for ``(2)'' in subpar. (A). Former par. (2) 
redesignated (3).
    Subsec. (e)(3). Pub. L. 102-567 redesignated par. (2) as (3) and 
substituted ``(2)'' for ``(1)'' in introductory provisions. Former par. 
(3) redesignated (4).
    Subsec. (e)(4). Pub. L. 102-567 redesignated par. (3) as (4) and 
substituted ``(2)'' for ``(1)''.
    1990--Subsec. (b)(1), (3)(D). Pub. L. 101-627, Sec. 111(a)(2)(A), 
(B), substituted ``section 1855(a)'' for ``section 1855(c)''.
    Subsec. (c)(2)(B). Pub. L. 101-627, Sec. 120(d), substituted 
``appropriate Council'' for ``appropriate council''.
    Pub. L. 101-627, Sec. 111(a)(2)(C), substituted ``section 1855(a)'' 
for ``section 1855(c)''.
    Subsec. (e). Pub. L. 101-627, Sec. 110(a), amended subsec. (e) 
generally. Prior to amendment, subsec. (e) read as follows: ``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 of the 
fisheries, including, but not limited to, biological research concerning 
the interdependence of fisheries or stocks of fish, the impact of 
pollution on fish, the impact of wetland and estuarine degradation, and 
other matters bearing upon the abundance and availability of fish. The 
Secretary shall annually review and update the comprehensive program and 
make the results of the review and update available to the Councils.''
    Subsec. (f). Pub. L. 101-627, Sec. 110(b)(1), in heading substituted 
``Fisheries under authority of more than one Council'' for 
``Miscellaneous duties'', in par. (1) substituted ``Except as provided 
in paragraph (3), if'' for ``If'', and added par. (3).
    Subsec. (g). Pub. L. 101-627, Sec. 110(c), added subsec. (g).
    1986--Subsec. (a)(1). Pub. L. 99-659, Sec. 106(1)(A), struck out 
``(the date of receipt of which is hereafter in this section referred to 
as the `receipt date')'' after ``by a Council'' in introductory 
provisions.
    Subsec. (a)(1)(A), (B). Pub. L. 99-659, Sec. 106(1)(B), (C), added 
subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), 
respectively.
    Subsec. (a)(1)(C). Pub. L. 99-659, Sec. 106(1)(B), (D), redesignated 
former subpar. (B) as (C) and substituted ``60-day'' for ``75-day''. 
Former subpar. (C) redesignated (D).
    Subsec. (a)(1)(D). Pub. L. 99-659, Sec. 106(1)(B), (E), redesignated 
former subpar. (C) as (D) and substituted ``15th day'' for ``30th day''.
    Subsec. (a)(2). Pub. L. 99-659, Sec. 106(1)(F), substituted 
``paragraph (1)(B)'' for ``paragraph (1)(A)'' in introductory provisions 
and inserted ``and to fishery access adjustments referred to in section 
1853(a)(6) of this title'' in subpar. (C).
    Subsec. (a)(3). Pub. L. 99-659, Sec. 106(1)(G), added par. (3).
    Subsec. (b)(1)(A). Pub. L. 99-659, Sec. 106(2)(A), amended subpar. 
(A) generally. Prior to amendment, subpar. (A) read as follows: ``the 
Secretary does not notify the Council in writing of his disapproval, or 
partial disapproval, under paragraph (2), of the plan or amendment 
before the close of the 95th day after the receipt date; or''.
    Subsec. (b)(1)(B). Pub. L. 99-659, Sec. 106(2)(B), substituted 
``60th day'' for ``75th day''.
    Subsec. (b)(2). Pub. L. 99-659, Sec. 106(2)(C), substituted 
``paragraph (1)(B)'' for ``paragraph (1)(A)'' in introductory 
provisions.
    Subsec. (b)(3)(A). Pub. L. 99-659, Sec. 106(2)(D)(i), inserted 
``disapproves a proposed plan or amendment under subsection 
(a)(1)(A)(ii) of this section, or''.
    Subsec. (b)(3)(B)(i), (C)(i). Pub. L. 99-659, Sec. 106(2)(D)(ii), 
substituted ``subsection (a)(1)(B)'' for ``subsection (a)(1)(A)''.
    Subsec. (c)(2)(A)(ii). Pub. L. 99-659, Sec. 106(3)(A), substituted 
``60-day'' for ``75-day''.
    Subsec. (c)(2)(A)(iii). Pub. L. 99-659, Sec. 106(3)(B), substituted 
``15th day'' for ``30th day''.
    Subsec. (c)(2)(B). Pub. L. 99-659, Sec. 106(3)(C), substituted ``60-
day'' for ``75-day'' in two places.
    Subsec. (e). Pub. L. 99-659, Sec. 106(4), inserted ``, in 
cooperation with the Councils,'', ``and on the economics of the 
fisheries'', and ``The Secretary shall annually review and update the 
comprehensive program and make the results of the review and update 
available to the Councils.''
    1983--Subsec. (a). Pub. L. 97-453, Sec. 7(a)(1), amended subsec. (a) 
generally, which had provided that within 60 days after the Secretary 
received any fishery management plan, or any amendment to any such plan, 
which was prepared by any Council, the Secretary was to review such plan 
or amendment pursuant to subsection (b) of this section, notify such 
Council in writing of his approval, disapproval, or partial disapproval 
of such plan or amendment, and that in the case of disapproval or 
partial disapproval, the Secretary was to include in such notification a 
statement and explanation of the Secretary's objections and the reasons 
therefor, suggestions for improvement, a request to such Council to 
change such plan or amendment to satisfy the objections, and a request 
to resubmit the plan or amendment, as so modified, to the Secretary 
within 45 days after the date on which the Council received such 
notification.
    Subsec. (b). Pub. L. 97-453, Sec. 7(a)(1), amended subsec. (b) 
generally, which had provided that the Secretary was to review any 
fishery management plan, and any amendment to any such plan, prepared by 
any Council and submitted to him to determine whether it was consistent 
with the national standards, the other provisions of this chapter, and 
any other applicable law, and that in carrying out such review, the 
Secretary was to consult with the Secretary of State with respect to 
foreign fishing, and the Secretary of the department in which the Coast 
Guard was operating with respect to enforcement at sea.
    Subsec. (c)(1). Pub. L. 97-453, Sec. 7(a)(2)(A), in subpar. (B) 
substituted ``or disapproves a revised plan or amendment, and the 
Council involved fails to submit a revised or further revised plan or 
amendment, as the case may be'' for ``and the Council involved fails to 
change such plan or amendment in accordance with the notification made 
under subsection (a)(2) of this section'', and added to the provisions 
following subpar. (B) a requirement that the Secretary also prepare such 
proposed regulations as he deems necessary or appropriate to carry out 
each plan or amendment prepared by him under this paragraph.
    Subsec. (c)(2). Pub. L. 97-453, Sec. 7(a)(2)(B), amended par. (2) 
generally, which had provided that whenever, pursuant to paragraph (1), 
the Secretary prepared a fishery management plan or amendment, the 
Secretary was to promptly transmit such plan or amendment to the 
appropriate Council for consideration and comment, that within 45 days 
after the date of receipt of such plan or amendment, the appropriate 
Council could recommend, to the Secretary, changes in such plan or 
amendment, consistent with the national standards, the other provisions 
of this chapter, and any other applicable law, and that after the 
expiration of such 45-day period, the Secretary could implement such 
plan or amendment pursuant to section 1855 of this title.
    Subsec. (d). Pub. L. 97-453, Sec. 7(a)(3), inserted provisions 
relating to agreements with the States for the administration of the 
permit system and the permissible accrual to the States of fees 
collected under the system.


                    Effective Date of 1983 Amendment

    Section 7(b) of Pub. L. 97-453 provided that: ``The amendments made 
by subsection (a) [amending this section] shall only apply with respect 
to fishery management plans and amendments thereto that are initially 
submitted to the Secretary of Commerce on or after the date of the 
enactment of this Act [Jan. 12, 1983] for action under section 304 [this 
section].''

      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. For 
treatment of references to Committee on Merchant Marine and Fisheries, 
see section 1(b)(3) of Pub. L. 104-14, set out as a note preceding 
section 21 of Title 2, The Congress.


      Delay of Collection of Fees in Quahog and Wreckfish Fisheries

    Section 109(d) of Pub. L. 104-297, as amended by 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: ``Notwithstanding any other 
provision of law, the Secretary shall not begin the collection of fees 
under section 304(d)(2) of the Magnuson-Stevens Fishery Conservation and 
Management Act [16 U.S.C. 1854(d)(2)], as amended by this Act, in the 
surf clam and ocean (including mahogany) quahog fishery or in the 
wreckfish fishery until after January 1, 2000.''


  Comprehensive Management System for Atlantic Pelagic Longline Fishery

    Section 109(h) of Pub. L. 104-297, as amended by 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:
    ``(1) The Secretary of Commerce shall--
        ``(A) establish an advisory panel under section 302(g)(4) of the 
    Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 
    1852(g)(4)], as amended by this Act, for pelagic longline fishing 
    vessels that participate in fisheries for Atlantic highly migratory 
    species;
        ``(B) conduct surveys and workshops with affected fishery 
    participants to provide information and identify options for future 
    management programs;
        ``(C) to the extent practicable and necessary for the evaluation 
    of options for a comprehensive management system, recover vessel 
    production records; and
        ``(D) complete by January 1, 1998, a comprehensive study on the 
    feasibility of implementing a comprehensive management system for 
    pelagic longline fishing vessels that participate in fisheries for 
    Atlantic highly migratory species, including, but not limited to, 
    individual fishing quota programs and other limited access systems.
    ``(2) Based on the study under paragraph (1)(D) and consistent with 
the requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.), in cooperation with affected 
participants in the fishery, the United States Commissioners on the 
International Commission for the Conservation of Atlantic Tunas, and the 
advisory panel established under paragraph (1)(A), the Secretary of 
Commerce may, after October 1, 1998, implement a comprehensive 
management system pursuant to section 304 of such Act (16 U.S.C. 1854) 
for pelagic longline fishing vessels that participate in fisheries for 
Atlantic highly migratory species. Such a system may not implement an 
individual fishing quota program until after October 1, 2000.''


Inapplicability of Subsection (h) to American Lobster Fishery Management 
                                  Plan

    Section 109(j) of Pub. L. 104-297, as amended by 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: ``Section 304(h) of the 
Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 
1854(h)], as amended by this Act, shall not apply to the American 
Lobster Fishery Management Plan.''


        Interim Management of Highly Migratory Species Fisheries

    Section 108(k) of Pub. L. 101-627, as amended by 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: ``Notwithstanding the amendments 
made by subsections (a) and (g) [amending section 1852 of this title], 
any fishery management plan or amendment which--
        ``(1) addresses a highly migratory species fishery to which 
    section 304(f)(3) of the Magnuson-Stevens Fishery Conservation and 
    Management Act [former 16 U.S.C. 1854(f)(3)] (as amended by this 
    Act) applies,
        ``(2) was prepared by one or more Regional Fishery Management 
    Councils, and
        ``(3) was in force and effect on January 1, 1990,
shall remain in force and effect until superseded by a fishery 
management plan prepared by the Secretary, and regulations implementing 
that plan.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1821, 1852, 1853, 1855, 
1861a, 1862 of this title.
