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16 U.S.C. § 1811 — United States sovereign rights to fish and fishery management authority
Federal law — U.S. Code and appendices · legal_authorities
**(a) In the exclusive economic zone** Except as provided in [section 1812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1812&num=0&edition=prelim), the United States claims, and will exercise in the manner provided for in this chapter, sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone.
**(b) Beyond the exclusive economic zone** The United States claims, and will exercise in the manner provided for in this chapter, exclusive fishery management authority over the following:
(1) All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; except that that management authority does not extend to any such species during the time they are found within any waters of a foreign nation.
(2) All Continental Shelf fishery resources beyond the exclusive economic zone.
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Stable record: federal_law:legal_authorities:record_usc_878b3dedc8385fa7fa1b20ed
Source file: Laws/federal/codes/united-states-code/title-16/section-1811-united-states-sovereign-rights-to-fish-and-fishery-management-authority--268217a0b4.md
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Source location: Title 16, Chapter 38, § 1811; chapter-038-fishery-conservation-and-management.md
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**(a) In the exclusive economic zone** Except as provided in [section 1812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1812&num=0&edition=prelim), the United States claims, and will exercise in the manner provided for in this chapter, sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone.
**(b) Beyond the exclusive economic zone** The United States claims, and will exercise in the manner provided for in this chapter, exclusive fishery management authority over the following:
(1) All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; except that that management authority does not extend to any such species during the time they are found within any waters of a foreign nation.
(2) All Continental Shelf fishery resources beyond the exclusive economic zone.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter the term:
**(a)** “Convention” means the Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed at Ottawa, Canada on March 2, 1953, as amended by the Protocol Amending the Convention, signed at Washington March 29, 1979, and includes the regulations promulgated thereunder.
**(b)** “Commission” means the International Pacific Halibut Commission provided for by article III of the Convention.
**(c)** “Fishery conservation zone” means the fishery conservation zone of the United States established by section 1811 11 See References in Text note below. of this title.
**(d)** “Convention waters” means the maritime areas off the west coast of the United States and Canada described in article I of the Convention.
**(e)** “Halibut” means fish of the species Hippoglossus stenolepis inhabiting Convention waters.
**(f)** “Fishing vessel” means—
(1) any vessel engaged in catching fish in Convention waters or in processing or transporting fish loaded in Convention waters;
(2) any vessel outfitted to engage in any activity described in paragraph (1); or
(3) any vessel in normal support of any vessel described in paragraph (1) or (2).
**(g)** “Secretary” means the Secretary of Commerce.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 773
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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) In general** The United States shall cooperate directly or through appropriate international organizations with those nations involved in fisheries for highly migratory species with a view to ensuring conservation and shall promote the achievement of optimum yield of such species throughout their range, both within and beyond the exclusive economic zone.
**(b) Traditional participation** In managing any fisheries under an international fisheries agreement to which the United States is a party, the appropriate Council or Secretary shall take into account the traditional participation in the fishery, relative to other nations, by fishermen of the United States on fishing vessels of the United States.
**(c) Promotion of stock management** If a relevant international fisheries organization does not have a process for developing a formal plan to rebuild a depleted stock, an overfished stock, or a stock that is approaching a condition of being overfished, the provisions of this chapter in this regard shall be communicated to and promoted by the United States in the international or regional fisheries organization.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1812
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, 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 “bycatch” means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery management program.
(3) The term “charter fishing” means fishing from a vessel carrying a passenger for hire (as defined in [section 2101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim)) who is engaged in recreational fishing.
(4) The term “commercial fishing” means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter or trade.
(5) 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 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.
(6) The term “Continental Shelf” means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territor
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1802
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** As used in this section—
(1) The term “Act of 1976” means 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 term “billfish” means any species of marlin, spearfish, sailfish or swordfish.
(3) The term “Secretary” means the Secretary of Commerce.
**(b) Observer program** The Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel—
(1) is in waters that are within—
(A) the fishery conservation zone established under section 101 of the Act of 1976 [[16 U.S.C. 1811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1811&num=0&edition=prelim)],11 See References in Text note below. and
(B) the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic Tunas; and
(2) is taking or attempting to take any species of fish if such taking or attempting to take may result in the incidental taking of billfish.
The Secretary may acquire observers for such program through contract with qualified private persons.
**(c) Functions of observers** United States observers, while aboard foreign fishing vessels as required under subsection (b), shall carry out such scientific and other functions as the Secretary deems necessary or appropriate to carry out this section.
**(d) Fees** There is imposed for each year after 1980 on the owner or operator of each foreign fishing vessel that, in the judgment of the Secretary, will engage in fishing in waters described in subsection (b)(1) during that year which may result in the incidental taking of billfish a fee in
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1827
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) The term “appropriate tribal coordinating body” means the Columbia River tribal coordinating body or the Washington tribal coordinating body, as the context requires.
(2) The term “charter vessel” means any vessel licensed by the State to carry passengers for hire for the purpose of recreational salmon fishing.
(3) The term “charter fishing” means fishing undertaken aboard charter vessels.
(4) The term “Columbia River conservation area” means—
(A) all habitat within the Columbia River drainage basin; and
(B) those areas in—
(i) the fishery conservation zone over which the Pacific Fishery Management Council has jurisdiction, and
(ii) the territorial seas of Oregon and Washington,
in which one or more stocks that originate in the habitat describe 11 So in original. Probably should be “described”. in subparagraph (A) migrate.
(5) The term “Columbia River tribal coordinating body” means the organization duly authorized by those treaty tribes of the Columbia River drainage basin to coordinate activities for them for purposes of this chapter.
(6) The term “commercial fishing” means fishing for the purpose of sale or barter.
(7) The term “commercial fishing vessel” or “fishing vessel” means any vessel, boat, ship, or other craft which is licensed for, and used for, equipped to be used for, or of a type which is normally used for, commercial salmon fishing.
(8) The term “enhancement” means projects undertaken to increase the production of naturally spawning or artificially propagated stocks of salmon or steelhead, or to protect, conserve, or improve the habitat of such stocks.
(9) The term “habitat” means those portions of the land or water, including the constituent elements thereof, (A) which salmon or steelhead occup
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3302
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Federal law — U.S. Code and appendices · legal_authorities
If—
(1) any vessel of the United States is seized by a foreign country on the basis of claims to jurisdiction that are not recognized by the United States, or on the basis of claims to jurisdiction recognized by the United States but exercised in a manner inconsistent with international law as recognized by the United States; 11 So in original. Probably should be followed by “or”.
(2) any general claim of any foreign country to exclusive fishery management authority is recognized by the United States, and any vessel of the United States is seized by such foreign country on the basis of conditions and restrictions under such claim, if such conditions and restrictions—
(A) are unrelated to fishery conservation and management,
(B) fail to consider and take into account traditional fishing practices of vessels of the United States,
(C) are greater or more onerous than the conditions and restrictions which the United States applies to foreign fishing vessels subject to the exclusive fishery management authority of the United States (as established in title I of the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1811&num=0&edition=prelim) et seq.]), or
(D) fail to allow fishing vessels of the United States equitable access to fish subject to such country’s exclusive fishery management authority;
the Secretary of State, unless there is clear and convincing credible evidence that the seizure did not meet the requirements under paragraph (1) or (2), as the case may be, shall immediately take such steps as are necessary—
(i) for the protection of such vessel and for the health and welfare of its crew;
(ii) to secure the release of such vessel and its crew; and
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1972
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility for issuance or transfer of license or permit** Before issuing or transferring a license for exploration or permit for commercial recovery, the Administrator must find in writing, after consultation with interested departments and agencies pursuant to [section 1413(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1413/e&num=0&edition=prelim), and upon considering public comments received with respect to the license or permit, that the exploration or commercial recovery proposed in the application—
(1) will not unreasonably interfere with the exercise of the freedoms of the high seas by other states, as recognized under general principles of international law;
(2) will not conflict with any international obligation of the United States established by any treaty or international convention in force with respect to the United States;
(3) will not create a situation which may reasonably be expected to lead to a breach of international peace and security involving armed conflict;
(4) cannot reasonably be expected to result in a significant adverse effect on the quality of the environment, taking into account the analyses and information in any applicable environmental impact statement prepared pursuant to section 1419(c) or 1419(d) of this title; and
(5) will not pose an inordinate threat to the safety of life and property at sea.
**(b) Issuance and transfer of licenses and permits with terms, conditions, and restrictions**
(1) Within 180 days after certification of any application for the issuance or transfer of a license or permit under [section 1413(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1413/g&num=0&edition=prelim), the Administrator shall propose
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1418
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grant of authority** Rights-of-way through any Federal lands may be granted by the Secretary of the Interior or appropriate agency head for pipeline purposes for the transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom to any applicant possessing the qualifications provided in [section 181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) in accordance with the provisions of this section.
**(b) Definitions**
(1) For the purposes of this section “Federal lands” means all lands owned by the United States except lands in the National Park System, lands held in trust for an Indian or Indian tribe, and lands on the Outer Continental Shelf. A right-of-way through a Federal reservation shall not be granted if the Secretary or agency head determines that it would be inconsistent with the purposes of the reservation.
(2) “Secretary” means the Secretary of the Interior.
(3) “Agency head” means the head of any Federal department or independent Federal office or agency, other than the Secretary of the Interior, which has jurisdiction over Federal lands.
**(c) Inter-agency coordination**
(1) Where the surface of all of the Federal lands involved in a proposed right-of-way or permit is under the jurisdiction of one Federal agency, the agency head, rather than the Secretary, is authorized to grant or renew the right-of-way or permit for the purposes set forth in this section.
(2) Where the surface of the Federal lands involved is administered by the Secretary or by two or more Federal agencies, the Secretary is authorized, after consultation with the agencies involved, to grant or renew rights-of-way or permits through the Federal lands involved.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 185
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Federal law — U.S. Code and appendices · legal_authorities
For purpose of this subchapter—
(1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
(2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency.
(3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit.
(4) The term “claim” means a demand in writing for a sum certain.
(5) The term “claimant” means any person who presents a claim for compensation under this chapter.
(6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title.
(7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals.
(8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under 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.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.
(9) The term “facility” means (A) any building, st
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9601
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