
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1855]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
 
           SUBCHAPTER IV--NATIONAL FISHERY MANAGEMENT PROGRAM
 
Sec. 1855. Other requirements and authority


(a) Gear evaluation and notification of entry

    (1) Not later than 18 months after October 11, 1996, the Secretary 
shall publish in the Federal Register, after notice and an opportunity 
for public comment, a list of all fisheries--
        (A) under the authority of each Council and all fishing gear 
    used in such fisheries, based on information submitted by the 
    Councils under section 1853(a) of this title; and
        (B) to which section 1852(a)(3) of this title applies and all 
    fishing gear used in such fisheries.

    (2) The Secretary shall include with such list guidelines for 
determining when fishing gear or a fishery is sufficiently different 
from those listed as to require notification under paragraph (3).
    (3) Effective 180 days after the publication of such list, no person 
or vessel may employ fishing gear or engage in a fishery not included on 
such list without giving 90 days advance written notice to the 
appropriate Council, or the Secretary with respect to a fishery to which 
section 1852(a)(3) of this title applies. A signed return receipt shall 
serve as adequate evidence of such notice and as the date upon which the 
90-day period begins.
    (4) A Council may submit to the Secretary any proposed changes to 
such list or such guidelines the Council deems appropriate. The 
Secretary shall publish a revised list, after notice and an opportunity 
for public comment, upon receiving any such proposed changes from a 
Council.
    (5) A Council may request the Secretary to promulgate emergency 
regulations under subsection (c) of this section to prohibit any persons 
or vessels from using an unlisted fishing gear or engaging in an 
unlisted fishery if the appropriate Council, or the Secretary for 
fisheries to which section 1852(a)(3) of this title applies, determines 
that such unlisted gear or unlisted fishery would compromise the 
effectiveness of conservation and management efforts under this chapter.
    (6) Nothing in this subsection shall be construed to permit a person 
or vessel to engage in fishing or employ fishing gear when such fishing 
or gear is prohibited or restricted by regulation under a fishery 
management plan or plan amendment, or under other applicable law.

(b) Fish habitat

    (1)(A) The Secretary shall, within 6 months of October 11, 1996, 
establish by regulation guidelines to assist the Councils in the 
description and identification of essential fish habitat in fishery 
management plans (including adverse impacts on such habitat) and in the 
consideration of actions to ensure the conservation and enhancement of 
such habitat. The Secretary shall set forth a schedule for the amendment 
of fishery management plans to include the identification of essential 
fish habitat and for the review and updating of such identifications 
based on new scientific evidence or other relevant information.
    (B) The Secretary, in consultation with participants in the fishery, 
shall provide each Council with recommendations and information 
regarding each fishery under that Council's authority to assist it in 
the identification of essential fish habitat, the adverse impacts on 
that habitat, and the actions that should be considered to ensure the 
conservation and enhancement of that habitat.
    (C) The Secretary shall review programs administered by the 
Department of Commerce and ensure that any relevant programs further the 
conservation and enhancement of essential fish habitat.
    (D) The Secretary shall coordinate with and provide information to 
other Federal agencies to further the conservation and enhancement of 
essential fish habitat.
    (2) Each Federal agency shall consult with the Secretary with 
respect to any action authorized, funded, or undertaken, or proposed to 
be authorized, funded, or undertaken, by such agency that may adversely 
affect any essential fish habitat identified under this chapter.
    (3) Each Council--
        (A) may comment on and make recommendations to the Secretary and 
    any Federal or State agency concerning any activity authorized, 
    funded, or undertaken, or proposed to be authorized, funded, or 
    undertaken, by any Federal or State agency that, in the view of the 
    Council, may affect the habitat, including essential fish habitat, 
    of a fishery resource under its authority; and
        (B) shall comment on and make recommendations to the Secretary 
    and any Federal or State agency concerning any such activity that, 
    in the view of the Council, is likely to substantially affect the 
    habitat, including essential fish habitat, of an anadromous fishery 
    resource under its authority.

    (4)(A) If the Secretary receives information from a Council or 
Federal or State agency or determines from other sources that an action 
authorized, funded, or undertaken, or proposed to be authorized, funded, 
or undertaken, by any State or Federal agency would adversely affect any 
essential fish habitat identified under this chapter, the Secretary 
shall recommend to such agency measures that can be taken by such agency 
to conserve such habitat.
    (B) Within 30 days after receiving a recommendation under 
subparagraph (A), a Federal agency shall provide a detailed response in 
writing to any Council commenting under paragraph (3) and the Secretary 
regarding the matter. The response shall include a description of 
measures proposed by the agency for avoiding, mitigating, or offsetting 
the impact of the activity on such habitat. In the case of a response 
that is inconsistent with the recommendations of the Secretary, the 
Federal agency shall explain its reasons for not following the 
recommendations.

(c) Emergency actions and interim measures

    (1) If the Secretary finds that an emergency exists or that interim 
measures are needed to reduce overfishing for any fishery, he may 
promulgate emergency regulations or interim measures necessary to 
address the emergency or overfishing, without regard to whether a 
fishery management plan exists for such fishery.
    (2) If a Council finds that an emergency exists or that interim 
measures are needed to reduce overfishing for any fishery within its 
jurisdiction, whether or not a fishery management plan exists for such 
fishery--
        (A) the Secretary shall promulgate emergency regulations or 
    interim measures under paragraph (1) to address the emergency or 
    overfishing if the Council, by unanimous vote of the members who are 
    voting members, requests the taking of such action; and
        (B) the Secretary may promulgate emergency regulations or 
    interim measures under paragraph (1) to address the emergency or 
    overfishing if the Council, by less than a unanimous vote, requests 
    the taking of such action.

    (3) Any emergency regulation or interim measure which changes any 
existing fishery management plan or amendment shall be treated as an 
amendment to such plan for the period in which such regulation is in 
effect. Any emergency regulation or interim measure promulgated under 
this subsection--
        (A) shall be published in the Federal Register together with the 
    reasons therefor;
        (B) shall, except as provided in subparagraph (C), remain in 
    effect for not more than 180 days after the date of publication, and 
    may be extended by publication in the Federal Register for one 
    additional period of not more than 180 days, provided the public has 
    had an opportunity to comment on the emergency regulation or interim 
    measure, and, in the case of a Council recommendation for emergency 
    regulations or interim measures, the Council is actively preparing a 
    fishery management plan, plan amendment, or proposed regulations to 
    address the emergency or overfishing on a permanent basis;
        (C) that responds to a public health emergency or an oil spill 
    may remain in effect until the circumstances that created the 
    emergency no longer exist, Provided, That the public has an 
    opportunity to comment after the regulation is published, and, in 
    the case of a public health emergency, the Secretary of Health and 
    Human Services concurs with the Secretary's action; and
        (D) may be terminated by the Secretary at an earlier date by 
    publication in the Federal Register of a notice of termination, 
    except for emergency regulations promulgated under paragraph (2) in 
    which case such early termination may be made only upon the 
    agreement of the Secretary and the Council concerned.

(d) Responsibility of Secretary

    The Secretary shall have general responsibility to carry out any 
fishery management plan or amendment approved or prepared by him, in 
accordance with the provisions of this chapter. The Secretary may 
promulgate such regulations, in accordance with section 553 of title 5, 
as may be necessary to discharge such responsibility or to carry out any 
other provision of this chapter.

(e) Effect of certain laws on certain time requirements

    The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.),\1\ the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Executive Order 
Numbered 12866, dated September 30, 1993, shall be complied with within 
the time limitations specified in subsections (a), (b), and (c) of 
section 1854 of this title as they apply to the functions of the 
Secretary under such provisions.
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    \1\ See References in Text note below.
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(f) Judicial review

    (1) Regulations promulgated by the Secretary under this chapter and 
actions described in paragraph (2) shall be subject to judicial review 
to the extent authorized by, and in accordance with, chapter 7 of title 
5, if a petition for such review is filed within 30 days after the date 
on which the regulations are promulgated or the action is published in 
the Federal Register, as applicable; except that--
        (A) section 705 of such title is not applicable, and
        (B) the appropriate court shall only set aside any such 
    regulation or action on a ground specified in section 706(2)(A), 
    (B), (C), or (D) of such title.

    (2) The actions referred to in paragraph (1) are actions that are 
taken by the Secretary under regulations which implement a fishery 
management plan, including but not limited to actions that establish the 
date of closure of a fishery to commercial or recreational fishing.
    (3)(A) Notwithstanding any other provision of law, the Secretary 
shall file a response to any petition filed in accordance with paragraph 
(1), not later than 45 days after the date the Secretary is served with 
that petition, except that the appropriate court may extend the period 
for filing such a response upon a showing by the Secretary of good cause 
for that extension.
    (B) A response of the Secretary under this paragraph shall include a 
copy of the administrative record for the regulations that are the 
subject of the petition.
    (4) Upon a motion by the person who files a petition under this 
subsection, the appropriate court shall assign the matter for hearing at 
the earliest possible date and shall expedite the matter in every 
possible way.

(g) Negotiated conservation and management measures

    (1)(A) In accordance with regulations promulgated by the Secretary 
pursuant to this paragraph, a Council may establish a fishery 
negotiation panel to assist in the development of specific conservation 
and management measures for a fishery under its authority. The Secretary 
may establish a fishery negotiation panel to assist in the development 
of specific conservation and management measures required for a fishery 
under section 1854(e)(5) of this title, for a fishery for which the 
Secretary has authority under section 1854(g) of this title, or for any 
other fishery with the approval of the appropriate Council.
    (B) No later than 180 days after October 11, 1996, the Secretary 
shall promulgate regulations establishing procedures, developed in 
cooperation with the Administrative Conference of the United States, for 
the establishment and operation of fishery negotiation panels. Such 
procedures shall be comparable to the procedures for negotiated 
rulemaking established by subchapter III of chapter 5 of title 5.
    (2) If a negotiation panel submits a report, such report shall 
specify all the areas where consensus was reached by the panel, 
including, if appropriate, proposed conservation and management 
measures, as well as any other information submitted by members of the 
negotiation panel. Upon receipt, the Secretary shall publish such report 
in the Federal Register for public comment.
    (3) Nothing in this subsection shall be construed to require either 
a Council or the Secretary, whichever is appropriate, to use all or any 
portion of a report from a negotiation panel established under this 
subsection in the development of specific conservation and management 
measures for the fishery for which the panel was established.

(h) Central registry system for limited access system permits

    (1) Within 6 months after October 11, 1996, the Secretary shall 
establish an exclusive central registry system (which may be 
administered on a regional basis) for limited access system permits 
established under section 1853(b)(6) of this title or other Federal law, 
including individual fishing quotas, which shall provide for the 
registration of title to, and interests in, such permits, as well as for 
procedures for changes in the registration of title to such permits upon 
the occurrence of involuntary transfers, judicial or nonjudicial 
foreclosure of interests, enforcement of judgments thereon, and related 
matters deemed appropriate by the Secretary. Such registry system 
shall--
        (A) provide a mechanism for filing notice of a nonjudicial 
    foreclosure or enforcement of a judgment by which the holder of a 
    senior security interest acquires or conveys ownership of a permit, 
    and in the event of a nonjudicial foreclosure, by which the 
    interests of the holders of junior security interests are released 
    when the permit is transferred;
        (B) provide for public access to the information filed under 
    such system, notwithstanding section 1881a(b) of this title; and
        (C) provide such notice and other requirements of applicable law 
    that the Secretary deems necessary for an effective registry system.

    (2) The Secretary shall promulgate such regulations as may be 
necessary to carry out this subsection, after consulting with the 
Councils and providing an opportunity for public comment. The Secretary 
is authorized to contract with non-Federal entities to administer the 
central registry system.
    (3) To be effective and perfected against any person except the 
transferor, its heirs and devisees, and persons having actual notice 
thereof, all security interests, and all sales and other transfers of 
permits described in paragraph (1), shall be registered in compliance 
with the regulations promulgated under paragraph (2). Such registration 
shall constitute the exclusive means of perfection of title to, and 
security interests in, such permits, except for Federal tax liens 
thereon, which shall be perfected exclusively in accordance with the 
Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). The Secretary shall 
notify both the buyer and seller of a permit if a lien has been filed by 
the Secretary of the Treasury against the permit before collecting any 
transfer fee under paragraph (5) of this subsection.
    (4) The priority of security interests shall be determined in order 
of filing, the first filed having the highest priority. A validly-filed 
security interest shall remain valid and perfected notwithstanding a 
change in residence or place of business of the owner of record. For the 
purposes of this subsection, ``security interest'' shall include 
security interests, assignments, liens and other encumbrances of 
whatever kind.
    (5)(A) Notwithstanding section 1854(d)(1) of this title, the 
Secretary shall collect a reasonable fee of not more than one-half of 
one percent of the value of a limited access system permit upon 
registration of the title to such permit with the central registry 
system and upon the transfer of such registered title. Any such fee 
collected shall be deposited in the Limited Access System Administration 
Fund established under subparagraph (B).
    (B) There is established in the Treasury a Limited Access System 
Administration Fund. The Fund shall be available, without appropriation 
or fiscal year limitation, only to the Secretary for the purposes of--
        (i) administering the central registry system; and
        (ii) administering and implementing this chapter in the fishery 
    in which the fees were collected. Sums in the Fund that are not 
    currently needed for these purposes shall be kept on deposit or 
    invested in obligations of, or guaranteed by, the United States.

(i) Alaska and western Pacific community development programs

    (1)(A) The North Pacific Council and the Secretary shall establish a 
western Alaska community development quota program under which a 
percentage of the total allowable catch of any Bering Sea fishery is 
allocated to the program.
    (B) To be eligible to participate in the western Alaska community 
development quota program under subparagraph (A) a community shall--
        (i) be located within 50 nautical miles from the baseline from 
    which the breadth of the territorial sea is measured along the 
    Bering Sea coast from the Bering Strait to the western most of the 
    Aleutian Islands, or on an island within the Bering Sea;
        (ii) not be located on the Gulf of Alaska coast of the north 
    Pacific Ocean;
        (iii) meet criteria developed by the Governor of Alaska, 
    approved by the Secretary, and published in the Federal Register;
        (iv) be certified by the Secretary of the Interior pursuant to 
    the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to 
    be a Native village;
        (v) consist of residents who conduct more than one-half of their 
    current commercial or subsistence fishing effort in the waters of 
    the Bering Sea or waters surrounding the Aleutian Islands; and
        (vi) not have previously developed harvesting or processing 
    capability sufficient to support substantial participation in the 
    groundfish fisheries in the Bering Sea, unless the community can 
    show that the benefits from an approved Community Development Plan 
    would be the only way for the community to realize a return from 
    previous investments.

    (C)(i) Prior to October 1, 2001, the North Pacific Council may not 
submit to the Secretary any fishery management plan, plan amendment, or 
regulation that allocates to the western Alaska community development 
quota program a percentage of the total allowable catch of any Bering 
Sea fishery for which, prior to October 1, 1995, the Council had not 
approved a percentage of the total allowable catch for allocation to 
such community development quota program. The expiration of any plan, 
amendment, or regulation that meets the requirements of clause (ii) 
prior to October 1, 2001, shall not be construed to prohibit the Council 
from submitting a revision or extension of such plan, amendment, or 
regulation to the Secretary if such revision or extension complies with 
the other requirements of this paragraph.
    (ii) With respect to a fishery management plan, plan amendment, or 
regulation for a Bering Sea fishery that--
        (I) allocates to the western Alaska community development quota 
    program a percentage of the total allowable catch of such fishery; 
    and
        (II) was approved by the North Pacific Council prior to October 
    1, 1995;

the Secretary shall, except as provided in clause (iii) and after 
approval of such plan, amendment, or regulation under section 1854 of 
this title, allocate to the program the percentage of the total 
allowable catch described in such plan, amendment, or regulation. Prior 
to October 1, 2001, the percentage submitted by the Council and approved 
by the Secretary for any such plan, amendment, or regulation shall be no 
greater than the percentage approved by the Council for such fishery 
prior to October 1, 1995.
    (iii) The Secretary shall phase in the percentage for community 
development quotas approved in 1995 by the North Pacific Council for the 
Bering Sea crab fisheries as follows:
        (I) 3.5 percent of the total allowable catch of each such 
    fishery for 1998 shall be allocated to the western Alaska community 
    development quota program;
        (II) 5 percent of the total allowable catch of each such fishery 
    for 1999 shall be allocated to the western Alaska community 
    development quota program; and
        (III) 7.5 percent of the total allowable catch of each such 
    fishery for 2000 and thereafter shall be allocated to the western 
    Alaska community development quota program, unless the North Pacific 
    Council submits and the Secretary approves a percentage that is no 
    greater than 7.5 percent of the total allowable catch of each such 
    fishery for 2001 or the North Pacific Council submits and the 
    Secretary approves any other percentage on or after October 1, 2001.

    (D) This paragraph shall not be construed to require the North 
Pacific Council to resubmit, or the Secretary to reapprove, any fishery 
management plan or plan amendment approved by the North Pacific Council 
prior to October 1, 1995, that includes a community development quota 
program, or any regulations to implement such plan or amendment.
    (2)(A) The Western Pacific Council and the Secretary may establish a 
western Pacific community development program for any fishery under the 
authority of such Council in order to provide access to such fishery for 
western Pacific communities that participate in the program.
    (B) To be eligible to participate in the western Pacific community 
development program, a community shall--
        (i) be located within the Western Pacific Regional Fishery 
    Management Area;
        (ii) meet criteria developed by the Western Pacific Council, 
    approved by the Secretary and published in the Federal Register;
        (iii) consist of community residents who are descended from the 
    aboriginal people indigenous to the area who conducted commercial or 
    subsistence fishing using traditional fishing practices in the 
    waters of the Western \2\ Pacific region;
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    \2\ So in original. Probably should not be capitalized.
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        (iv) not have previously developed harvesting or processing 
    capability sufficient to support substantial participation in 
    fisheries in the Western Pacific Regional Fishery Management Area; 
    and
        (v) develop and submit a Community Development Plan to the 
    Western Pacific Council and the Secretary.

    (C) In developing the criteria for eligible communities under 
subparagraph (B)(ii), the Western Pacific Council shall base such 
criteria on traditional fishing practices in or dependence on the 
fishery, the cultural and social framework relevant to the fishery, and 
economic barriers to access to the fishery.
    (D) For the purposes of this subsection ``Western Pacific Regional 
Fishery Management Area'' means the area under the jurisdiction of the 
Western Pacific Council, or an island within such area.
    (E) Notwithstanding any other provision of this chapter, the Western 
Pacific Council shall take into account traditional indigenous fishing 
practices in preparing any fishery management plan.
    (3) The Secretary shall deduct from any fees collected from a 
community development quota program under section 1854(d)(2) of this 
title the costs incurred by participants in the program for observer and 
reporting requirements which are in addition to observer and reporting 
requirements of other participants in the fishery in which the 
allocation to such program has been made.
    (4) After October 11, 1996, the North Pacific Council and Western 
Pacific Council may not submit to the Secretary a community development 
quota program that is not in compliance with this subsection.

(Pub. L. 94-265, title III, Sec. 305, Apr. 13, 1976, 90 Stat. 354; Pub. 
L. 96-561, title II, Sec. 235, Dec. 22, 1980, 94 Stat. 3299; Pub. L. 97-
453, Sec. 8, Jan. 12, 1983, 96 Stat. 2490; Pub. L. 101-627, title I, 
Secs. 110(b)(2), 111(a)(1), (b), Nov. 28, 1990, 104 Stat. 4451, 4452; 
Pub. L. 104-297, title I, Secs. 110(a)-(d), 111(a), Oct. 11, 1996, 110 
Stat. 3587-3590, 3592.)

                       References in Text

    The Paperwork Reduction Act of 1980, referred to in subsec. (e), is 
Pub. L. 96-511, Dec. 11, 1980, 94 Stat. 2812, as amended, which was 
classified principally to chapter 35 (Sec. 3501 et seq.) of Title 44, 
Public Printing and Documents, prior to the general amendment of that 
chapter by Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 163. For 
complete classification of this Act to the Code, see Short Title of 1980 
Amendment note set out under section 101 of Title 44 and Tables.
    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), referred to 
in subsec. (e), is Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1164, which 
is classified generally to chapter 6 (Sec. 601 et seq.) of Title 5, 
Government Organization and Employees. For complete classification of 
the Act to the Code, see Short Title note set out under section 601 of 
Title 5 and Tables.
    Executive Order Numbered 12886, referred to in subsec. (e), is set 
out as a note under section 601 of Title 5, Government Organization and 
Employees.
    The Internal Revenue Code of 1986, referred to in subsec. (h)(3), is 
classified generally to Title 26, Internal Revenue Code.
    The Alaska Native Claims Settlement Act, referred to in subsec. 
(i)(1)(B)(iv), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as 
amended, which is classified generally to chapter 33 (Sec. 1601 et seq.) 
of Title 43, Public Lands. For complete classification of this Act to 
the Code, see Short Title note set out under section 1601 of Title 43 
and Tables.


                               Amendments

    1996--Pub. L. 104-297, Sec. 110(a)(1), (3), substituted ``Other 
requirements and authority'' for ``Implementation of fishery management 
plans'' as section catchline.
    Subsec. (a). Pub. L. 104-297, Sec. 110(a)(1), (3), added subsec. (a) 
and struck out heading and text of former subsec. (a). Text read as 
follows: ``The Secretary shall promulgate each regulation that is 
necessary to carry out a plan or amendment--
        ``(1) within 110 days after the plan or amendment was received 
    by him for action under section 1854(a) of this title, if such plan 
    or amendment takes effect under section 1854(b)(1) of this title;
        ``(2) within 75 days after a revised plan or amendment was 
    received by him under section 1854(b) of this title, if such plan or 
    amendment takes effect under paragraph (3)(D) of such section; or
        ``(3) within such time as he deems appropriate in the case of a 
    plan or amendment prepared by him under section 1854(c) or (f)(3) of 
    this title.''
    Subsec. (b). Pub. L. 104-297, Sec. 110(a)(3), added subsec. (b). 
Former subsec. (b) redesignated (f).
    Subsec. (c). Pub. L. 104-297, Sec. 110(b)(1), inserted ``and interim 
measures'' after ``actions'' in heading.
    Subsec. (c)(1). Pub. L. 104-297, Sec. 110(b)(2)(C), which directed 
insertion of ``or overfishing'' after ``emergency'', was executed by 
making the insertion after ``the emergency'' to reflect the probable 
intent of Congress.
    Pub. L. 104-297, Sec. 110(b)(2)(A), (B), substituted ``or that 
interim measures are needed to reduce overfishing for'' for 
``involving'' and inserted ``or interim measures'' after ``emergency 
regulations''.
    Subsec. (c)(2). Pub. L. 104-297, Sec. 110(b)(2)(C), which directed 
insertion of ``or overfishing'' after ``emergency'', was executed by 
making the insertion after ``the emergency'' in subpars. (A) and (B) to 
reflect the probable intent of Congress.
    Pub. L. 104-297, Sec. 110(b)(2)(A), (B), substituted ``or that 
interim measures are needed to reduce overfishing for'' for 
``involving'' in introductory provisions and inserted ``or interim 
measures'' after ``emergency regulations'' in subpars. (A) and (B).
    Subsec. (c)(3). Pub. L. 104-297, Sec. 110(b)(3)(A), inserted ``or 
interim measure'' after ``emergency regulation'' in two places in 
introductory provisions.
    Subsec. (c)(3)(B). Pub. L. 104-297, Sec. 110(b)(3)(B), (D), added 
subpar. (B) and struck out former subpar. (B) which read as follows: 
``shall remain in effect for not more than 90 days after the date of 
such publication, except that any such regulation may, by agreement of 
the Secretary and the Council, be promulgated for one additional period 
of not more than 90 days; and''.
    Subsec. (c)(3)(C). Pub. L. 104-297, Sec. 110(b)(3)(D), added subpar. 
(C). Former subpar. (C) redesignated (D).
    Subsec. (c)(3)(D). Pub. L. 104-297, Sec. 110(b)(3)(C), redesignated 
subpar. (C) as (D).
    Subsec. (e). Pub. L. 104-297, Sec. 110(c), substituted ``12866, 
dated September 30, 1993,'' for ``12291, dated February 17, 1981,'' and 
``subsections (a), (b), and (c) of section 1854 of this title'' for 
``subsection (c) of this section or section 1854(a) and (b) of this 
title''.
    Subsec. (f). Pub. L. 104-297, Sec. 110(a)(2), redesignated subsec. 
(b) as (f).
    Subsecs. (g), (h). Pub. L. 104-297, Sec. 110(d), added subsecs. (g) 
and (h).
    Subsec. (i). Pub. L. 104-297, Sec. 111(a), added subsec. (i).
    1990--Subsec. (a). Pub. L. 101-627, Secs. 110(b)(2), 111(a)(1)(A), 
redesignated subsec. (c) as (a) and substituted ``section 1854(c) or 
(f)(3)'' for ``section 1854(c)''.
    Subsec. (b). Pub. L. 101-627, Sec. 111(a)(1)(A), (b), redesignated 
subsec. (d) as (b) and amended it generally. Prior to amendment, subsec. 
(b) read as follows: ``Regulations promulgated by the Secretary under 
this chapter shall be subject to judicial review to the extent 
authorized by, and in accordance with, chapter 7 of title 5, if a 
petition for such review is filed within 30 days after the date on which 
the regulations are promulgated; except that (1) section 705 of such 
title is not applicable, and (2) the appropriate court shall only set 
aside any such regulation on a ground specified in section 706(2)(A), 
(B), (C), or (D) of such title.''
    Subsecs. (c) to (e), (g), (h). Pub. L. 101-627, Sec. 111(a)(1), 
redesignated subsecs. (e), (g), and (h) as (c), (d), and (e), 
respectively.
    1983--Subsec. (a). Pub. L. 97-453, Sec. 8(1), struck out subsec. (a) 
which had provided that, as soon as practicable after the Secretary 
approved pursuant to section 1854(a) and (b) of this title any fishery 
management plan or amendment or prepared pursuant to section 1854(c) of 
this title any fishery management plan or amendment, the Secretary was 
to publish a notice of availability of such plan or amendment and any 
regulations which he proposed to promulgate to implement such plan or 
amendment in the Federal Register, and that interested persons were to 
be afforded a period of not less than 45 days after such publication 
within which to submit in writing data, views, or comments on the plan 
or amendment, and on the proposed regulations.
    Subsec. (b). Pub. L. 97-453, Sec. 8(1), struck out subsec. (b) which 
had provided that the Secretary might schedule a hearing, in accordance 
with section 553 of title 5, on any fishery management plan, any 
amendment to any such plan, any regulations to implement any such plan 
or amendment and that if any such hearing was scheduled, the Secretary 
could postpone the effective date of the regulations proposed to 
implement such plan or amendment, or take such other action as he deemed 
appropriate to preserve the rights or status of any person, pending its 
outcome.
    Subsec. (c). Pub. L. 97-453, Sec. 8(2), substituted provision that 
the Secretary shall promulgate each regulation that is necessary to 
carry out a plan or amendment within 110 days after the plan or 
amendment was received by him for action under section 1854(a) of this 
title if such plan or amendment takes effect under section 1854(b)(1) of 
this title, within 75 days after a revised plan or amendment was 
received by him under section 1854(b) of this title if such plan or 
amendment takes effect under paragraph (3)(D) of such section, or within 
such time as he deems appropriate in the case of a plan or amendment 
prepared by him under section 1854(c) of this title, for provision that 
the Secretary promulgate regulations to implement any fishery management 
plan or any amendment to any such plan after consideration of all 
relevant matters presented to him during the 45-day period referred to 
in former subsection (a) of this section and produced in any hearing 
held under former subsection (b) of this section if he found the plan or 
amendment consistent with the national standards, the other provisions 
of this chapter, and any other applicable law, and that to the extent 
practicable, such regulation be put into effect in a manner not 
disruptive of the regular fishing season for any fishery.
    Subsec. (e). Pub. L. 97-453, Sec. 8(3), substituted provision that 
if the Secretary finds that an emergency exists involving any fishery, 
he may promulgate emergency regulations necessary to address the 
emergency, without regard to whether a fishery management plan exists 
for such fishery, that if a Council finds that an emergency exists 
involving any fishery within its jurisdiction, whether or not a fishery 
management plan exists for such fishery, the Secretary shall promulgate 
emergency regulations under paragraph (1) to address the emergency if 
the Council, by unanimous vote of the members who are voting members, 
requests the taking of such action, and the Secretary may promulgate 
emergency regulations under paragraph (1) to address the emergency if 
the Council, by less than a unanimous vote, requests the taking of such 
action, for provision that if the Secretary found that an emergency 
involving any fishery resources existed, he could promulgate emergency 
regulations, without regard to former subsections (a) and (c) of this 
section, to implement any fishery management plan, if required, or 
promulgate emergency regulations to amend any regulation implementing 
any existing fishery management plan, to the extent required by such 
emergency, lengthened from 45 days to 90 days the maximum period that 
emergency regulations may remain in effect after publication in the 
Federal Register and the maximum additional period for which such 
regulations may be promulgated, and inserted a provision that emergency 
regulations promulgated under par. (2) may only be terminated early upon 
the agreement of the Secretary and the Council concerned.
    Subsec. (f). Pub. L. 97-453, Sec. 8(4), struck out subsec. (f) which 
had directed the Secretary to report to the Congress and the President, 
not later than March 1 of each year, on all activities of the Councils 
and the Secretary with respect to fishery management plans, regulations 
to implement such plans, and all other activities relating to the 
conservation and management of fishery resources undertaken under this 
chapter during the preceding calendar year.
    Subsec. (h). Pub. L. 97-453, Sec. 8(5), added subsec. (h).
    1980--Subsec. (a). Pub. L. 96-561 inserted ``a notice of 
availability of'' after ``Federal Register (A)''.

        Termination of Administrative Conference of United States

    For termination of Administrative Conference of United States, see 
provision of title IV of Pub. L. 104-52, set out as a note preceding 
section 591 of Title 5, Government Organization and Employees.


                   Community Development Quota Report

    Section 108(h) of Pub. L. 104-297 provided that: ``Not later than 
October 1, 1998, the National Academy of Sciences, in consultation with 
the Secretary, the North Pacific and Western Pacific Councils, 
communities and organizations participating in the program, participants 
in affected fisheries, and the affected States, shall submit to the 
Secretary of Commerce and Congress a comprehensive report on the 
performance and effectiveness of the community development quota 
programs under the authority of the North Pacific and Western Pacific 
Councils. The report shall--
        ``(1) evaluate the extent to which such programs have met the 
    objective of providing communities with the means to develop ongoing 
    commercial fishing activities;
        ``(2) evaluate the manner and extent to which such programs have 
    resulted in the communities and residents--
            ``(A) receiving employment opportunities in commercial 
        fishing and processing; and
            ``(B) obtaining the capital necessary to invest in 
        commercial fishing, fish processing, and commercial fishing 
        support projects (including infrastructure to support commercial 
        fishing);
        ``(3) evaluate the social and economic conditions in the 
    participating communities and the extent to which alternative 
    private sector employment opportunities exist;
        ``(4) evaluate the economic impacts on participants in the 
    affected fisheries, taking into account the condition of the fishery 
    resource, the market, and other relevant factors;
        ``(5) recommend a proposed schedule for accomplishing the 
    developmental purposes of community development quotas; and
        ``(6) address such other matters as the National Academy of 
    Sciences deems appropriate.''


          Registry Transition for Limited Access System Permits

    Section 110(e) 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: ``Security interests on permits 
described under section 305(h)(1) of the Magnuson-Stevens Fishery 
Conservation and Management Act [16 U.S.C. 1855(h)(1)], as amended by 
this Act, that are effective and perfected by otherwise applicable law 
on the date of the final regulations implementing section 305(h) shall 
remain effective and perfected if, within 120 days after such date, the 
secured party submits evidence satisfactory to the Secretary of Commerce 
and in compliance with such regulations of the perfection of such 
security.''


                 Western Pacific Demonstration Projects

    Section 111(b) 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; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, 
Sec. 144(g)], Dec. 21, 2000, 114 Stat. 2763, 2763A-250; Pub. L. 106-555, 
title II, Sec. 206, Dec. 21, 2000, 114 Stat. 2770, provided that:
    ``(1) The Secretary of Commerce and the Secretary of the Interior 
are authorized to make direct grants to eligible western Pacific 
communities, as recommended by the Western Pacific Fishery Management 
Council, for the purpose of establishing not less than three and not 
more than five fishery demonstration projects to foster and promote 
traditional indigenous fishing practices. There are authorized to be 
appropriated to carry out this section [amending this section and 
enacting this note] $500,000 for each fiscal year.
    ``(2) Demonstration projects funded pursuant to this subsection 
shall foster and promote the involvement of western Pacific communities 
in western Pacific fisheries and may--
        ``(A) identify and apply traditional indigenous fishing 
    practices;
        ``(B) develop or enhance western Pacific community-based fishing 
    opportunities; and
        ``(C) involve research, community education, or the acquisition 
    of materials and equipment necessary to carry out any such 
    demonstration project.
    ``(3)(A) The Western Pacific Fishery Management Council, in 
consultation with the Secretary of Commerce, shall establish an advisory 
panel under section 302(g) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1852(g)) to evaluate, determine the 
relative merits of, and annually rank applications for such grants. The 
panel shall consist of not more than 8 individuals who are knowledgeable 
or experienced in traditional indigenous fishery practices of western 
Pacific communities and who are not members or employees of the Western 
Pacific Fishery Management Council.
    ``(B) If the Secretary of Commerce or the Secretary of the Interior 
awards a grant for a demonstration project not in accordance with the 
rank given to such project by the advisory panel, the Secretary shall 
provide a detailed written explanation of the reasons therefor.
    ``(4) The Western Pacific Fishery Management Council shall, with the 
assistance of such advisory panel, submit an annual report to the 
Congress assessing the status and progress of demonstration projects 
carried out under this subsection.
    ``(5) Appropriate Federal agencies may provide technical assistance 
to western Pacific community-based entities to assist in carrying out 
demonstration projects under this subsection.
    ``(6) For the purposes of this subsection, `western Pacific 
community' shall mean a community eligible to participate under section 
305(i)(2)(B) of the Magnuson-Stevens Fishery Conservation and Management 
Act [16 U.S.C. 1855(i)(2)(B)], as amended by this Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1802, 1821, 1852, 1853, 
1854, 5503 of this title.
