16 U.S.C. § 1813 — Omitted

Page 2006 TITLE 16—CONSERVATION § 1813 1996—Pub. L. 104–297 substituted ‘‘shall promote the achievement of optimum yield’’ for ‘‘promoting the ob- jective of optimum utilization’’. 1990—Pub. L. 101–627 amended section generally. Prior to amendment, section read as follows: ‘‘The sovereign rights and exclusive fishery management authority as- serted by the United States under section 1811 of this title over fish do not include, and may not be construed to extend to, highly migratory species of fish.’’ 1986—Pub. L. 99–659 amended section generally. Prior to amendment, section read as follows: ‘‘The United States shall exercise exclusive fishery management au- thority, in the manner provided for in this chapter, over the following: ‘‘(1) All fish within the fishery conservation zone. ‘‘(2) All anadromous species throughout the migra- tory range of each such species beyond the fishery conservation zone; except that such management au- thority shall not extend to such species during the time they are found within any foreign nation’s terri- torial sea or fishery conservation zone (or the equiva- lent), to the extent that such sea or zone is recog- nized by the United States. ‘‘(3) All Continental Shelf fishery resources beyond the fishery conservation zone.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–627, title I, § 103(c), Nov. 28, 1990, 104 Stat. 4439, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on January 1, 1992.’’ § 1813. Omitted Editorial Notes CODIFICATION Section, Pub. L. 94–265, title I, § 103, Apr. 13, 1976, 90 Stat. 336, which related to exclusion of highly migra- tory species of fish from exclusive fishery management authority, was omitted in the general revision of this subchapter by section 101(b) of Pub. L. 99–659. See sec- tion 1812 of this title. SUBCHAPTER III—FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS § 1821. Foreign fishing (a) In general After February 28, 1977, no foreign fishing is authorized within the exclusive economic zone, or for anadromous species or Continental Shelf fishery resources beyond the exclusive economic zone, unless such foreign fishing— (1) is authorized under subsections (b) or (c) or section 1824(e) of this title, or under a per- mit issued under section 1824(d) of this title; (2) is not prohibited under subsection (f); and (3) is conducted under, and in accordance with, a valid and applicable permit issued pur- suant to section 1824 of this title. (b) Existing international fishery agreements Foreign fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (subject to the provisions of section 1822(b) or (c) of this title), if such agree- ment— (1) was in effect on April 13, 1976; and (2) has not expired, been renegotiated, or otherwise ceased to be of force and effect with respect to the United States. (c) Governing international fishery agreements Foreign fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (other than a treaty) which meets the requirements of this subsection if such agreement becomes effective after applica- tion of section 1823 of this title. Any such inter- national fishery agreement shall hereafter in this chapter be referred to as a ‘‘governing international fishery agreement’’. Each gov- erning international fishery agreement shall ac- knowledge the exclusive fishery management authority of the United States, as set forth in this chapter. It is the sense of the Congress that each such agreement shall include a binding commitment, on the part of such foreign nation and its fishing vessels, to comply with the fol- lowing terms and conditions: (1) The foreign nation, and the owner or op- erator of any fishing vessel fishing pursuant to such agreement, will abide by all regulations promulgated by the Secretary pursuant to this chapter, including any regulations promul- gated to implement any applicable fishery management plan or any preliminary fishery management plan. (2) The foreign nation, and the owner or op- erator of any fishing vessel fishing pursuant to such agreement, will abide by the requirement that— (A) any officer authorized to enforce the provisions of this chapter (as provided for in section 1861 of this title) be permitted— (i) to board, and search or inspect, any such vessel at any time, (ii) to make arrests and seizures pro- vided for in section 1861(b) of this title whenever such officer has reasonable cause to believe, as a result of such a search or inspection, that any such vessel or any person has committed an act prohibited by section 1857 of this title, and (iii) to examine and make notations on the permit issued pursuant to section 1824 of this title for such vessel; (B) the permit issued for any such vessel pursuant to section 1824 of this title be prominently displayed in the wheelhouse of such vessel; (C) transponders, or such other appropriate position-fixing and identification equipment as the Secretary of the department in which the Coast Guard is operating determines to be appropriate, be installed and maintained in working order on each such vessel; (D) United States observers required under subsection (h) be permitted to be stationed aboard any such vessel and that all of the costs incurred incident to such stationing, including the costs of data editing and entry and observer monitoring, be paid for, in ac- cordance with such subsection, by the owner or operator of the vessel; (E) any fees required under section 1824(b)(10) of this title be paid in advance; (F) agents be appointed and maintained within the United States who are authorized to receive and respond to any legal process issued in the United States with respect to such owner or operator; and (G) responsibility be assumed, in accord- ance with any requirements prescribed by the Secretary, for the reimbursement of United States citizens for any loss of, or