
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-77 Section 624]
[CITE: 16USC1856]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
 
           SUBCHAPTER IV--NATIONAL FISHERY MANAGEMENT PROGRAM
 
Sec. 1856. State jurisdiction


(a) In general

    (1) Except as provided in subsection (b) of this section, nothing in 
this chapter shall be construed as extending or diminishing the 
jurisdiction or authority of any State within its boundaries.
    (2) For the purposes of this chapter, except as provided in 
subsection (b) of this section, the jurisdiction and authority of a 
State shall extend--
        (A) to any pocket of waters that is adjacent to the State and 
    totally enclosed by lines delimiting the territorial sea of the 
    United States pursuant to the Geneva Convention on the Territorial 
    Sea and Contiguous Zone or any successor convention to which the 
    United States is a party;
        (B) with respect to the body of water commonly known as 
    Nantucket Sound, to the pocket of water west of the seventieth 
    meridian west of Greenwich; and
        (C) to the waters of southeastern Alaska (for the purpose of 
    regulating fishing for other than any species of crab) that are--
            (i) north of the line representing the international 
        boundary at Dixon Entrance and the westward extension of that 
        line; east of 138 degrees west longitude; and not more than 
        three nautical miles seaward from the coast, from the lines 
        extending from headland to headland across all bays, inlets, 
        straits, passes, sounds, and entrances, and from any island or 
        group of islands, including the islands of the Alexander 
        Archipelago (except Forrester Island); or
            (ii) between the islands referred to in clause (i) (except 
        Forrester Island) and the mainland.

    (3) A State may regulate a fishing vessel outside the boundaries of 
the State in the following circumstances:
        (A) The fishing vessel is registered under the law of that 
    State, and (i) there is no fishery management plan or other 
    applicable Federal fishing regulations for the fishery in which the 
    vessel is operating; or (ii) the State's laws and regulations are 
    consistent with the fishery management plan and applicable Federal 
    fishing regulations for the fishery in which the vessel is 
    operating.
        (B) The fishery management plan for the fishery in which the 
    fishing vessel is operating delegates management of the fishery to a 
    State and the State's laws and regulations are consistent with such 
    fishery management plan. If at any time the Secretary determines 
    that a State law or regulation applicable to a fishing vessel under 
    this circumstance is not consistent with the fishery management 
    plan, the Secretary shall promptly notify the State and the 
    appropriate Council of such determination and provide an opportunity 
    for the State to correct any inconsistencies identified in the 
    notification. If, after notice and opportunity for corrective 
    action, the State does not correct the inconsistencies identified by 
    the Secretary, the authority granted to the State under this 
    subparagraph shall not apply until the Secretary and the appropriate 
    Council find that the State has corrected the inconsistencies. For a 
    fishery for which there was a fishery management plan in place on 
    August 1, 1996 that did not delegate management of the fishery to a 
    State as of that date, the authority provided by this subparagraph 
    applies only if the Council approves the delegation of management of 
    the fishery to the State by a three-quarters majority vote of the 
    voting members of the Council.
        (C) The fishing vessel is not registered under the law of the 
    State of Alaska and is operating in a fishery in the exclusive 
    economic zone off Alaska for which there was no fishery management 
    plan in place on August 1, 1996, and the Secretary and the North 
    Pacific Council find that there is a legitimate interest of the 
    State of Alaska in the conservation and management of such fishery. 
    The authority provided under this subparagraph shall terminate when 
    a fishery management plan under this chapter is approved and 
    implemented for such fishery.

(b) Exception

    (1) If the Secretary finds, after notice and an opportunity for a 
hearing in accordance with section 554 of title 5, that--
        (A) the fishing in a fishery, which is covered by a fishery 
    management plan implemented under this chapter, is engaged in 
    predominately within the exclusive economic zone and beyond such 
    zone; and
        (B) any State has taken any action, or omitted to take any 
    action, the results of which will substantially and adversely affect 
    the carrying out of such fishery management plan;

the Secretary shall promptly notify such State and the appropriate 
Council of such finding and of his intention to regulate the applicable 
fishery within the boundaries of such State (other than its internal 
waters), pursuant to such fishery management plan and the regulations 
promulgated to implement such plan.
    (2) If the Secretary, pursuant to this subsection, assumes 
responsibility for the regulation of any fishery, the State involved may 
at any time thereafter apply to the Secretary for reinstatement of its 
authority over such fishery. If the Secretary finds that the reasons for 
which he assumed such regulation no longer prevail, he shall promptly 
terminate such regulation.
    (3) If the State involved requests that a hearing be held pursuant 
to paragraph (1), the Secretary shall conduct such hearing prior to 
taking any action under paragraph (1).

(c) Exception regarding foreign fish processing in internal waters

    (1) A foreign fishing vessel may engage in fish processing within 
the internal waters of a State if, and only if--
        (A) the vessel is qualified for purposes of this paragraph 
    pursuant to paragraph (4)(C) or has received a permit under section 
    1824(d) of this title;
        (B) the owner or operator of the vessel applies to the Governor 
    of the State for, and (subject to paragraph (2)) is granted, 
    permission for the vessel to engage in such processing and the 
    application specifies the species to be processed; and
        (C) the owner or operator of the vessel submits reports on the 
    tonnage of fish received from vessels of the United States and the 
    locations from which such fish were harvested, in accordance with 
    such procedures as the Secretary by regulation shall prescribe.

    (2) The Governor of a State may not grant permission for a foreign 
fishing vessel to engage in fish processing under paragraph (1)--
        (A) for a fishery which occurs in the waters of more than one 
    State or in the exclusive economic zone, except after--
            (i) consulting with the appropriate Council and Marine 
        Fisheries Commission, and
            (ii) considering any comments received from the Governor of 
        any other State where the fishery occurs; and

        (B) if the Governor determines that fish processors within the 
    State have adequate capacity, and will utilize such capacity, to 
    process all of the United States harvested fish from the fishery 
    concerned that are landed in the State.

    (3) Nothing in this subsection may be construed as relieving a 
foreign fishing vessel from the duty to comply with all applicable 
Federal and State laws while operating within the internal waters of a 
State incident to permission obtained under paragraph (1)(B).
    (4) For purposes of this subsection--
        (A) The term ``fish processing'' includes, in addition to 
    processing, the performance of any other activity relating to 
    fishing, including, but not limited to, preparation, supply, 
    storage, refrigeration, or transportation.
        (B) The phrase ``internal waters of a State'' means all waters 
    within the boundaries of a State except those seaward of the 
    baseline from which the territorial sea is measured.
        (C) A foreign fishing vessel shall be treated as qualified for 
    purposes of paragraph (1) if the foreign nation under which it is 
    flagged will be a party to (i) a governing international fishery 
    agreement or (ii) a treaty described in section 1821(b) of this 
    title during the time the vessel will engage in the fish processing 
    for which permission is sought under paragraph (1)(B).

(Pub. L. 94-265, title III, Sec. 306, Apr. 13, 1976, 90 Stat. 355; Pub. 
L. 97-191, Sec. 1, June 1, 1982, 96 Stat. 107; Pub. L. 97-453, Sec. 9, 
Jan. 12, 1983, 96 Stat. 2491; Pub. L. 98-623, title IV, Sec. 404(4), 
Nov. 8, 1984, 98 Stat. 3408; Pub. L. 99-659, title I, Sec. 101(c)(2), 
Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101-627, title I, Sec. 112, Nov. 
28, 1990, 104 Stat. 4453; Pub. L. 104-297, title I, Sec. 112(a)-(c), 
Oct. 11, 1996, 110 Stat. 3595, 3596.)


                               Amendments

    1996--Subsec. (a)(3). Pub. L. 104-297, Sec. 112(a), amended par. (3) 
generally. Prior to amendment, par. (3) read as follows: ``Except as 
otherwise provided by paragraph (2), a State may not directly or 
indirectly regulate any fishing vessel outside its boundaries, unless 
the vessel is registered under the law of that State.''
    Subsec. (b)(3). Pub. L. 104-297, Sec. 112(b), added par. (3).
    Subsec. (c)(1)(A). Pub. L. 104-297, Sec. 112(c)(1), substituted 
``(4)(C) or has received a permit under section 1824(d) of this title;'' 
for ``(4)(C); and''.
    Subsec. (c)(1)(C). Pub. L. 104-297, Sec. 112(c)(2), (3), added 
subpar. (C).
    1990--Subsec. (c)(1)(B). Pub. L. 101-627, Sec. 112(1), inserted 
before period at end ``and the application specifies the species to be 
processed''.
    Subsec. (c)(2). Pub. L. 101-627, Sec. 112(2), added par. (2) and 
struck out former par. (2) which read as follows: ``The Governor of a 
State may not grant permission for a foreign fishing vessel to engage in 
fish processing under paragraph (1)(B) if he determines that fish 
processors within the State have adequate capacity, and will utilize 
such capacity, to process all of the United States harvested fish from 
the fishery concerned that are landed in the State.''
    1986--Subsec. (b)(1)(A). Pub. L. 99-659 substituted ``exclusive 
economic zone'' for ``fishery conservation zone''.
    1984--Subsec. (a). Pub. L. 98-623 designated existing provisions as 
pars. (1) to (3), in par. (2), as so designated, redesignated cls. (1) 
and (2) as subpars. (A) and (B), respectively, and added subpar. (C), 
and in par. (3), as so designated, inserted exception relating to par. 
(2).
    1983--Subsec. (a). Pub. L. 97-453 inserted provision delineating the 
jurisdiction and authority of a State over waters adjacent to the State 
and over Nantucket Sound.
    1982--Subsec. (c). Pub. L. 97-191 added subsec. (c).


                    Effective Date of 1982 Amendment

    Section 3 of Pub. L. 97-191 provided that: ``This Act [amending this 
section and section 1857 of this title] shall take effect on June 1, 
1982.''


  Authority of States of Washington, Oregon, and California To Manage 
                         Dungeness Crab Fishery

    Pub. L. 105-384, title II, Sec. 203, Nov. 13, 1998, 112 Stat. 3453, 
provided that:
    ``(a) In General.--Subject to the provisions of this section and 
notwithstanding section 306(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1856(a)), each of the States 
of Washington, Oregon, and California may adopt and enforce State laws 
and regulations governing fishing and processing in the exclusive 
economic zone adjacent to that State in any Dungeness crab (Cancer 
magister) fishery for which there is no fishery management plan in 
effect under that Act [16 U.S.C. 1801 et seq.].
    ``(b) Requirements for State Management.--Any law or regulation 
adopted by a State under this section for a Dungeness crab fishery--
        ``(1) except as provided in paragraph (2), shall apply equally 
    to vessels engaged in the fishery in the exclusive economic zone and 
    vessels engaged in the fishery in the waters of the State, and 
    without regard to the State that issued the permit under which a 
    vessel is operating;
        ``(2) shall not apply to any fishing by a vessel in exercise of 
    tribal treaty rights except as provided in United States v. 
    Washington, D.C. No. CV-70-09213, United States District Court for 
    the Western District of Washington; and
        ``(3) shall include any provisions necessary to implement tribal 
    treaty rights pursuant to the decision in United States v. 
    Washington, D.C. No. CV-70-09213.
    ``(c) Limitation on Enforcement of State Limited Access Systems.--
Any law of the State of Washington, Oregon, or California that 
establishes or implements a limited access system for a Dungeness crab 
fishery may not be enforced against a vessel that is otherwise legally 
fishing in the exclusive economic zone adjacent to that State and that 
is not registered under the laws of that State, except a law regulating 
landings.
    ``(d) State Permit or Treaty Right Required.--No vessel may harvest 
or process Dungeness crab in the exclusive economic zone adjacent to the 
State of Washington, Oregon, or California, except as authorized by a 
permit issued by any of those States or pursuant to any tribal treaty 
rights to Dungeness crab pursuant to the decision in United States v. 
Washington, D.C. No. CV-70-09213.
    ``(e) State Authority Otherwise Preserved.--Except as expressly 
provided in this section, nothing in this section reduces the authority 
of any State under the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) to regulate fishing, fish 
processing, or landing of fish.
    ``(f) Termination of Authority.--The authority of the States of 
Washington, Oregon, and California under this section with respect to a 
Dungeness crab fishery shall expire on the effective date of a fishery 
management plan for the fishery under the Magnuson-Stevens Fishery 
Conservation and Management Act [16 U.S.C. 1801 et seq.].
    ``(g) Repeal.--[Repealed section 112(d) of Pub. L. 104-297, see 
below.]
    ``(h) Definitions.--The definitions set forth in section 3 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1802) shall apply to this section.
    ``(i) Sunset.--This section shall have no force or effect on and 
after September 30, 2001.''

    Pub. L. 104-297, title I, Sec. 112(d), Oct. 11, 1996, 110 Stat. 
3596, 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, which 
provided interim authority to the States of Washington, Oregon, and 
California to enforce State laws and regulations governing fish 
harvesting and processing against any vessel operating in the exclusive 
economic zone off each respective State in a fishery for Dungeness crab 
(Cancer magister) for which there is no fishery management plan 
implemented under this chapter, was repealed by Pub. L. 105-384, title 
II, Sec. 203(g), Nov. 13, 1998, 112 Stat. 3454.


                 Foreign Fish Processing in Norton Sound

    Pub. L. 99-509, title V, Sec. 5004, Oct. 21, 1986, 100 Stat. 1912, 
provided that for purposes of processing pink salmon within the internal 
waters of the State of Alaska, the geographic area bounded on the north 
by a parallel of latitude of 64 degrees, 23 minutes, on the south by a 
parallel of latitude of 63 degrees, 51 minutes, on the east by the 
baseline from which the territorial sea was measured, and on the west by 
the outer limit of the territorial sea, was to be considered to be 
internal waters of the State of Alaska for the purposes of subsec. 
(c)(4)(B) of this section until Sept. 30, 1993.

          Territorial Sea and Contiguous Zone of United States

    For extension of territorial sea and contiguous zone of United 
States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as 
notes under section 1331 of Title 43, Public Lands.

                  Section Referred to in Other Sections

    This section is referred to in section 1857 of this title.
