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16 U.S.C. § 1826d — Prohibition
Federal law — U.S. Code and appendices · legal_authorities
The United States, or any agency or official acting on behalf of the United States, may not enter into any international agreement with respect to the conservation and management of living marine resources or the use of the high seas by fishing vessels that would prevent full implementation of the global moratorium on large-scale driftnet fishing on the high seas, as such moratorium is expressed in Resolution 46/215 of the United Nations General Assembly.
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Source file: Laws/federal/codes/united-states-code/title-16/section-1826d-prohibition--5366dc7bb2.md
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Source location: Title 16, Chapter 38, § 1826d; chapter-038-fishery-conservation-and-management.md
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The United States, or any agency or official acting on behalf of the United States, may not enter into any international agreement with respect to the conservation and management of living marine resources or the use of the high seas by fishing vessels that would prevent full implementation of the global moratorium on large-scale driftnet fishing on the high seas, as such moratorium is expressed in Resolution 46/215 of the United Nations General Assembly.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Negotiations** The Secretary of State—
(1) shall renegotiate treaties as provided for in subsection (b);
(2) shall negotiate governing international fishery agreements described in [section 1821(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1821/c&num=0&edition=prelim);
(3) may negotiate boundary agreements as provided for in subsection (d);
(4) shall, upon the request of and in cooperation with the Secretary, initiate and conduct negotiations for the purpose of entering into international fishery agreements—
(A) which allow fishing vessels of the United States equitable access to fish over which foreign nations assert exclusive fishery management authority, and
(B) which provide for the conservation and management of anadromous species and highly migratory species; and
(5) may enter into such other negotiations, not prohibited by subsection (c), as may be necessary and appropriate to further the purposes, policy, and provisions of this chapter.
**(b) Treaty renegotiation** The Secretary of State, in cooperation with the Secretary, shall initiate, promptly after April 13, 1976, the renegotiation of any treaty which pertains to fishing within the exclusive economic zone (or within the area that will constitute such zone after February 28, 1977), or for anadromous species or Continental Shelf fishery resources beyond such zone or area, and which is in any manner inconsistent with the purposes, policy, or provisions of this chapter, in order to conform such treaty to such purposes, policy, and provisions. It is the sense of Congress that the United States shall withdraw from any such treaty, in accordance with its provisions, if such treaty is not so renegotiated within a reasonable period of time after Apri
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1822
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Federal law — U.S. Code and appendices · legal_authorities
**(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) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(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 effectiv
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This section incorporates and expands upon provisions of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 and may be cited as the “Driftnet Act Amendments of 1990”.
**(b) Findings** The Congress finds that—
(1) the continued widespread use of large-scale driftnets beyond the exclusive economic zone of any nation is a destructive fishing practice that poses a threat to living marine resources of the world’s oceans, including but not limited to the North and South Pacific Ocean and the Bering Sea;
(2) the use of large-scale driftnets is expanding into new regions of the world’s oceans, including the Atlantic Ocean and Caribbean Sea;
(3) there is a pressing need for detailed and reliable information on the number of seabirds, sea turtles, nontarget fish, and marine mammals that become entangled and die in actively fished large-scale driftnets and in large-scale driftnets that are lost, abandoned, or discarded;
(4) increased efforts, including reliable observer data and enforcement mechanisms, are needed to monitor, assess, control, and reduce the adverse impact of large-scale driftnet fishing on living marine resources;
(5) the nations of the world have agreed in the United Nations, through General Assembly Resolution Numbered 44–225, approved December 22, 1989, by the General Assembly, that a moratorium should be imposed by June 30, 1992, on the use of large-scale driftnets beyond the exclusive economic zone of any nation;
(6) the nations of the South Pacific have agreed to a moratorium on the use of large-scale driftnets in the South Pacific through the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, which was agreed to in Wellington, New Zealand, on November 29, 1989;
(7) increasing popul
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of State shall determine in writing prior to the signing or provisional application by the United States of any international agreement with respect to the conservation and management of living marine resources or the use of the high seas by fishing vessels that the prohibition contained in [section 1826d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826d&num=0&edition=prelim) will not be violated if such agreement is signed or provisionally applied.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 90 days after December 20, 2019, the Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Commandant of the Coast Guard and the Secretary of State, shall establish a subworking group to address IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico.
**(b) Functions** The subworking group established under subsection (a) shall identify—
(1) Federal actions taken and policies established during the 5-year period immediately preceding December 20, 2019, with respect to IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico, including such actions and policies related to—
(A) the surveillance, interdiction, and prosecution of any foreign nationals engaged in such fishing; and
(B) the application of the provisions of the High Seas Driftnet Fishing Moratorium Protection Act ([16 U.S.C. 1826d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826d&num=0&edition=prelim) et seq.) to any relevant nation, including the status of any past or ongoing consultations and certification procedures;
(2) actions and policies, in addition to the actions and policies described in paragraph (1), each of the Federal agencies described in subsection (a) can take, using existing resources, to combat IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico; and
(3) any additional authorities that could assist each such agency in more effectively addressing such IUU fishing.
**(c) Report** Not later than 1 year after the IUU Fishing Subworking Group is established under subsection (a), the group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Com
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 8002
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There is established a collaborative interagency working group on maritime security and IUU fishing (referred to in this chapter as the “Working Group”).
**(b) Members** The members of the Working Group shall be composed of—
(1) 1 chair, who shall rotate between the Secretary of the Department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard, the Secretary of State, and the National Oceanographic and Atmospheric Administration, acting through the Administrator, on a 3-year term;
(2) 2 deputy chairs, who shall be appointed by their respective agency heads and shall be from a different Department than that of the chair, from—
(A) the Coast Guard;
(B) the Department of State; and
(C) the National Oceanic and Atmospheric Administration;
(3) 12 members, who shall be appointed by their respective agency heads, from—
(A) the Department of Defense;
(B) the United States Navy;
(C) the United States Agency for International Development;
(D) the United States Fish and Wildlife Service;
(E) the Department of Justice;
(F) the Department of the Treasury;
(G) U.S. Customs and Border Protection;
(H) U.S. Immigration and Customs Enforcement;
(I) the Federal Trade Commission;
(J) the Department of Agriculture;
(K) the Food and Drug Administration; and
(L) the Department of Labor;
(4) 1 or more members from the intelligence community (as defined in [section 3003 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim)), who shall be appointed by the Director of National Intelligence; and
(5) 5 members, who shall be appointed by the President, from—
(A) the National Security Council;
(B) the Council on Environmental Qu
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 8034
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Marine Mammal Protection Act** The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim) et seq.).
**(b) Magnuson-Stevens Fishery Conservation and Management Act** The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the following provisions of law:
(1) The Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.).
(2) The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ([16 U.S.C. 1891](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1891&num=0&edition=prelim) et seq.).
(3) The High Seas Driftnet Fishing Moratorium Protection Act ([16 U.S.C. 1826d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826d&num=0&edition=prelim) et seq.).
(4) The Shark Conservation Act of 2010 ([16 U.S.C. 1826k](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826k&num=0&edition=prelim) note; 1857 note).
(5) The Shark Finning Prohibition Act ([16 U.S.C. 1822](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1822&num=0&edition=prelim) note).
**(c) Fishermen’s Protective Act of 1967** The Secretary of Commerce and Secretary of the Interior have authority to take appropriate monitoring or enforcement actions under section 8 of the Fishermen’s Protective Act of 1967 ([22 U.S.C. 1978](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1978&num=0
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4731
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Federal law — U.S. Code and appendices · legal_authorities
Page 2033
TITLE 16—CONSERVATION
§ 1826f
means a method of fishing in which a gillnet
composed of a panel or panels of webbing, or
a series of such gillnets, with a total length
of two and one-half kilometers or more is
placed in the water and allowed to drift with
the currents and winds for the purpose of en-
tangling fish in the webbing.
(B) Exception
Until January 1, 1994, the term ‘‘large-
scale driftnet fishing’’ does not include the
use in the northeast Atlantic Ocean of
gillnets with a total length not to exceed
five kilometers if the use is in accordance
with regulations adopted by the European
Community pursuant to the October 28, 1991,
decision by the Council of Fisheries Min-
isters of the Community.
(3) Large-scale driftnet fishing vessel
The term ‘‘large-scale driftnet fishing ves-
sel’’ means any vessel which is—
(A) used for, equipped to be used for, or of
a type which is normally used for large-scale
driftnet fishing; or
(B) used for aiding or assisting one or more
vessels at sea in the performance of large-
scale driftnet fishing, including preparation,
supply,
storage,
refrigeration,
transpor-
tation, or processing.
(Pub. L. 102–582, title I, § 104, Nov. 2, 1992, 106
Stat. 4903.)
Editorial Notes
REFERENCES IN TEXT
Sections 1826a to 1826c of this title, referred to in
text, was in the original ‘‘this title’’, meaning title I of
Pub. L. 102–582, Nov. 2, 1992, 106 Stat. 4901, which en-
acted sections 1826a to 1826c of this title and amended
section 1371 of this title. For complete classification of
title I to the Code, see Tables.
CODIFICATION
Section was enacted as part of the High Seas Driftnet
Fisheries Enforcement Act, and not as part of the Mag-
nuson-Stevens Fishery Conservation and Management
Act which comprises t
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1826d
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