11. Antarctic Marine Living Resources Convention Act of 1984 (Title III of 12. Atlantic Salmon Convention Act of 1982 (Title III of Public Law 97-389). 13. United States Fishery Export Promotion Act (Public Law 96-561) (partial 15. Marine Mammal Protection Act of 1972, as amended (Public Law 92-522) 16. Fisherman's Protective Act of 1967, as amended (Public Law 83-680). 17. North Pacific Fisheries Act of 1954, as amended (Public Law 83-579) NOTE.-Conventions and agreements referred to by Acts Partial Text of Public Law 94-265 (H.R. 200], 90 Stat. 331, approved April 13, 1976; as amended by Public Law 95–6 [Fishery Conservation Zone Transition Act; H.J. Res. 240], 91 Stat 14, approved February 1, 1977; Public Law 95–354 [H.R. 10732), 92 Stat. 519, approved August 28, 1978; Public Law 96-61 [S. 917], 93 Stat. 407, approved August 15, 1979; Public Law 96-118 [H.R. 2035], 93 Stat. 859, approved November 16, 1979; Public Law 96-470 [Congressional Reports Elimination Act of 1980; H.R. 6686], 94 Stat. 2237, approved October 19, 1980; Public Law 96-561 [American Fisheries Promotion Act; S. 2163], 94 Stat. 3275, approved December 22, 1980; Public Law 97-191 [S. 2535], 96 Stat. 107, approved June 1, 1982; Public Law 97-453 [H.R. 5002], 96 Stat. 2481, approved January 12, 1983; Public Law 98-623 (H.R. 6342], 98 Stat. 3394 at 3408, approved November 8, 1984; Public Law 99–659 [S. 991); 100 Stat. 3607, approved November 14, 1986; Public Law 100–239 [Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987; H.R. 2598]; 101 Stat. 1778, approved January 11, 1988; and by Public Law 101-627 [Fishery Conservation Amendments of 1990; H.R. 2061], 104 Stat. 4436, approved Novem- AN ACT To provide for the conservation and management of the fisheries, and for Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, with the following table of contents, may be cited as the "Magnu- TITLE I—UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND Sec. 101. United States sovereign rights to fish and fishery management authority. Sec. 202. International fishery agreements. Sec. 203. Congressional oversight of governing international fishery agreements. 116 U.S.C. 1801 note. Sec. 238 of Public Law 96-561 changed the name of this Act from the "Fishery Conservation and Management Act of 1976", effective Jan. 6, 1981. Sec. 238 further stipulated that all references to the Fishery Conservation and Management Act of 1976 shall be redesignated as references to the Magnuson Fishery Conservation and Management Act of 1976. 2 Effective January 1, 1992, pursuant to sec. 103(b) and (c) of the Fishery Conservation Amend- ments of 1990 (Public Law 101-627; 104 Stat. 4439), sec. 102 of this Act will be entitled "Highly Sec. 205. Import prohibitions. Sec. 206. Large-scale driftnet fishing.3 TITLE III-NATIONAL FISHERY MANAGEMENT PROGRAM Sec. 402. Repeals. TITLE IV-MISCELLANEOUS PROVISIONS Sec. 403. Fishermen's Protective Act amendments. SEC. 2. FINDINGS, PURPOSES AND POLICY. (a) FINDINGS.—The Congress finds and declares the following: (1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities. (2) As a consequence of increased fishing pressure and because of the inadequacy of fishery conservation and management practices and controls (A) certain stocks of such fish have been overfished to the point where their survival is threatened, and (B) other such stocks have been so substantially reduced in number that they could become similarly threatened. (3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery_resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen. (4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effective international agreement on fishery management jurisdiction can be negotiated, signed, ratified, and implemented. (5) Fishery resources are finite but renewable. If placed under sound management before overfishing has caused irreversible effects, the fisheries can be conserved and maintained so as to provide optimum yields on a continuing basis. (6) A national program for the conservation and management of the fishery resources of the United States is necessary to prevent overfishing, to rebuild overfished stocks, to insure 3 Amended from "Transitional provisions" by sec. 107(b) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4444). 4 16 U.S.C. 1801. conservation, and to realize the full potential of the Nation's fishery resources. (7) A national program for the development of fisheries which are underutilized or not utilized by United States fishing industry, including bottom fish off Alaska, is necessary to assure that our citizens benefit from the employment, food supply, and revenue which could be generated thereby. (8) The collection of reliable data is essential to the effective conservation, management, and scientific understanding of the fishery resources of the United States. (b) PURPOSES:-It is therefore declared to be the purposes of the Congress in this Act (1) to take immediate action to conserve and manage the fishery resources found off the coasts of the United States, and the anadromous species and Continental Shelf fishery resources of the United States, by exercising (A) sovereign rights for the purposes of exploring, exploiting, conserving, and managing all fish, within the exclusive economic zone established by Presidential Proclamation 5030, dated March 10, 1983, and (B) exclusive fishery management authority beyond the exclusive economic zone over such anadromous species and Continental Shelf fishery resources; (2) to support and encourage the implementation and enforcement of international fishery agreements for the conservation and management of highly migratory species, and to encourage the negotiation and implementation of additional such agreements as necessary; (3) to promote domestic commercial and recreational fishing under sound conservation and management principles; (4) to provide for the preparation and implementation, in accordance with national standards, of fishery management plans which will achieve and maintain, on a continuing basis, the optimum yield from each fishery; 9 (5) to establish Regional Fishery Management Councils to exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of such plans under circumstances (A) which will enable the States, the fishing industry, consumer and environmental organizations, and other interested persons to participate in, and advise on, the establishment and administration of such plans, and (B) which take into account the social and economic needs of the States; and 5 The words "United States fishing industry" were substituted in lieu of the words "United States fishermen" by sec. 2(a) of Public Law 95-354 (92 Stat. 519). 6 Sec. 101(a) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) added par. (8). 7 Par. (1) was comprehensively amended and restated by sec. 101(c)(1) of Public Law 99-659 (100 Stat. 3707). ® Sec. 101(b)(1) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) struck out "except highly migratory species". • Sec. 101(b)(2) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) struck out "prepare, monitor, and revise" and inserted in lieu thereof "exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of" (6) to encourage the development by the United States fishing industry 10 of fisheries which are currently underutilized or not utilized by United States fishermen, including bottom fish off Alaska, and to that end, to ensure that optimum yield determinations promote such development.11 (c) POLICY.-It is further declared to be the policy of the Congress in this Act (1) to maintain without change the existing territorial or other ocean jurisdiction of the United States for all purposes other than the conservation and management of fishery resources, as provided for in this Act; (2) to authorize no impediment to, or interference with, recognized legitimate uses of the high seas, except as necessary for the conservation and management of fishery resources, as provided for in this Act; (3) to assure that the national fishery conservation and management program utilizes, and is based upon, the best scientific information available; involves, and is responsive to the needs of interested and affected States and citizens; promotes efficiency; draws upon Federal, State, and academic capabilities in carrying out research, administration, management, and enforcement; considers the effects of fishing on immature fish and encourages development of practical measures that avoid unnecessary waste of fish; 12 and is workable and effective; (4) to permit foreign fishing consistent with the provisions of this Act; 13 (5) 14 to support and encourage active United States efforts to obtain internationally acceptable agreements which provide for effective conservation and management of fishery resources, and to secure agreements to regulate fishing by vessels or person beyond the exclusive economic zones of any nation; and 13 (6) 13 to foster and maintain the diversity of fisheries in the United States. SEC. 3.15 DEFINITIONS. As used in this Act, unless the context otherwise requires— (1) The term "anadromous species" means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters. (2) The term "conservation and management" refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any 10 The words "by the United States fishing industry" were added by sec. 2(b) of Public Law 95-354 (92 Stat. 519). 11 The phrase ", and to that end, to ensure that optimum yield determinations promote such development" was added by sec. 233 of Public Law 96-561. 12 Sec. 101(c)(1) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) inserted text beginning with "considers the effects 13 Sec. 101(c) (2) through (4) struck out "and" at the end of par. (4); struck out the period at the end of par. (5), and inserted text beginning with ", and to secure "; and added a new par. (6). 14 Par. (5) was comprehensively amended and restated by sec. 101(c)(1) of Public Law 99-659 (100 Stat. 3707). 15 16 U.S.C. 1802. |