Sec. 203. Congressional oversight of governing international fishery agreements. Sec. 204. Permits for foreign fishing. Sec. 205. Import prohibitions. Sec. 206. Large-scale driftnet fishing.3 TITLE III-NATIONAL FISHERY MANAGEMENT PROGRAM Sec. 402. Repeals. TITLE IV-MISCELLANEOUS PROVISIONS Sec. 403. Fishermen's Protective Act amendments. SEC. 2.4 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). 416 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)6 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)7 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,8 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, and fishery resources in the special areas; 9 (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; (5) to establish Regional Fishery Management Councils to exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of 10 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, 5 Sec. 2(a) of Public Law 95–354 (92 Stat. 519) struck out “United States fishing industry" and inserted in lieu thereof "United States fishermen". Sec. 101(a) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) added par. (8). 7 Par. (1) was comprehensively amended and restated by sec. 101(c)(1) of Public Law 99-659 (100 Stat. 3707). 8 Sec. 101(bX1) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) struck out "except highly migratory species". Sec. 301(a) of Public Law 102-251 (106 Stat. 62) inserted, and fishery resources in the spe cial areas" before the semicolon. 10 Sec. 101(bX2) 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". and (B) which take into account the social and economic needs of the States; and (6) to encourage the development by the United States fishing industry 11 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.12 (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; 13 and is workable and effective; (4) to permit foreign fishing consistent with the provisions of this Act; 14 (5)15 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 14 (6) 14 to foster and maintain the diversity of fisheries in the United States. SEC. 3.16 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 11 Sec. 2(b) of Public Law 95-354 (92 Stat. 519) added "by the United States fishing industry". 12 Sec. 233 of Public Law 96-561 added *, and to that end, to ensure that optimum yield determinations promote such development". 13 Sec. 101(cX1) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) inserted text beginning with "considers the effects * * *". 14 Sec. 101(cX2) through (4) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) 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). 15 Par. (5) was comprehensively amended and restated by sec. 101(cX1) of Public Law 99-659 (100 Stat. 3707). 16 16 U.S.C. 1802. fishery resource and the marine environment; and (B) which are designed to assure that (i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis; (ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and (iii) there will be a multiplicity of options available with respect to future uses of these resources. (3) The term "Continental Shelf" means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territorial sea, of the United States, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of such areas. (4) The term "Continental Shelf fishery resources" means the following: COLENTERATA Bamboo Coral-Acanella spp.; Precious Red Coral-Corallium spp.; CRUSTACEA Tanner Crab Chionoecetes tanneri; Dungeness Crab Cancer magister; California King Crab-Paralithodes californiensis; California King Crab-Paralithodes rathbuni; Golden King Crab-Lithodes aequispinus; Northern Stone Crab-Lithodes maja; Stone Crab Menippe mercenaria; and Deep-sea Red Crab Geryon quinquedens. MOLLUSKS Red Abalone-Haliotis rufescens; Pink Abalone-Haliotis corrugata; Japanese Abalone-Haliotis kamtschatkana; Queen Conch-Strombus gigas; Surf Clam-Spisula solidissima; and Ocean Quahog-Arctica islandica. SPONGES Glove Sponge-Spongia cheiris; 17 Sheepswool Sponge-Hippiospongia lachne; Yellow Sponge-Spongia barbera. If the Secretary determines, after consultation with the Secretary of State, that living organisms of any other sedentary species are at the harvestable stage, either (A) immobile on or under the seabed, or (B) unable to move except in constant physical contact with the seabed or subsoil, of the Continental Shelf which appertains to the United States, and publishes notice of such determination in the Federal Register, such sedentary species shall be considered to be added to the foregoing list and included in such term for purposes of this Act. (5) The term "Council" means any Regional Fishery Management Council established under section 302. (6) 18 The term "exclusive economic zone" means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying this Act, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States. (7) 18 The term "fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds. 19 (8) 18 The term "fishery" means (A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and (B) any fishing for such stocks. (9) The term "fishery resource" means any fishery, any stock of fish, any species of fish, and any habitat of fish. (10) The term "fishing" means— (A) The catching, taking, or harvesting of fish; (B) The attempted catching, taking, or harvesting of fish; (C) any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or (D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C). Such term does not include any scientific research activity which is conducted by a scientific research vessel. 17 Sec. 112(2) of Public Law 99-659 (100 Stat. 3715) replaced the term "Hippiospongia canaliculata" with the current term. 18 Par. 6 was added by sec. 101(a) of Public Law 99-659 (100 Stat. 3706). Sec. 101(a) also renumbered former pars. (6) and (7) as (7) and (8) and struck out former par. (8) which had defined the term "fishery conservation zone". Sec. 101(c)2) of that Act replaced the term "fishery conservation zone" with the term "exclusive economic zone" each time it appears in the Magnuson Fishery Conservation and Management Act. 19 Sec. 102(aX2) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) struck out ", birds and highly migratory species" and inserted in lieu thereof “and birds". |