16 U.S.C. § 1811 — United States sovereign rights to fish and

Page 2005 TITLE 16—CONSERVATION § 1812 SUBCHAPTER II—UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES § 1811. United States sovereign rights to fish and fishery management authority (a) In the exclusive economic zone Except as provided in section 1812 of this title, the United States claims, and will exercise in the manner provided for in this chapter, sov- ereign 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, exclu- sive fishery management authority over the fol- lowing: (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. (Pub. L. 94–265, title I, § 101, Apr. 13, 1976, 90 Stat. 336; Pub. L. 99–659, title I, § 101(b), Nov. 14, 1986, 100 Stat. 3706; Pub. L. 101–627, title I, § 102(b), Nov. 28, 1990, 104 Stat. 4438; Pub. L. 102–251, title III, § 301(c), Mar. 9, 1992, 106 Stat. 62.) AMENDMENT OF SECTION Pub. L. 102–251, title III, §§ 301(c), 308, Mar. 9, 1992, 106 Stat. 62, 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, subsection (a) is amended by in- serting ‘‘and special areas’’ before the period at the end and subsection (b) is amended by insert- ing after paragraph (2) the following new para- graph: (3) All fishery resources in the special areas. Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Con- servation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 1990—Subsec. (b)(1). Pub. L. 101–627 substituted ‘‘any waters of a foreign nation’’ for ‘‘any foreign nation’s territorial sea or exclusive economic zone (or the equivalent), to the extent that that sea or zone is rec- ognized by the United States’’. 1986—Pub. L. 99–659 amended section generally. Prior to amendment, section read as follows: ‘‘There is estab- lished a zone contiguous to the territorial sea of the United States to be known as the fishery conservation zone. The inner boundary of the fishery conservation zone is a line coterminous with the seaward boundary of each of the coastal States, and the outer boundary of such zone is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102–251, set out as a note under section 773 of this title. § 1812. Highly migratory species (a) In general The United States shall cooperate directly or through appropriate international organizations with those nations involved in fisheries for high- ly 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 exclu- sive economic zone. (b) Traditional participation In managing any fisheries under an inter- national fisheries agreement to which the United States is a party, the appropriate Coun- cil or Secretary shall take into account the tra- ditional 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 organiza- tion does not have a process for developing a for- mal plan to rebuild a depleted stock, an over- fished stock, or a stock that is approaching a condition of being overfished, the provisions of this chapter in this regard shall be commu- nicated to and promoted by the United States in the international or regional fisheries organiza- tion. (Pub. L. 94–265, title I, § 102, Apr. 13, 1976, 90 Stat. 336; Pub. L. 99–659, title I, § 101(b), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101–627, title I, § 103(a), Nov. 28, 1990, 104 Stat. 4439; Pub. L. 104–297, title I, § 104, Oct. 11, 1996, 110 Stat. 3563; Pub. L. 109–479, § 4, Jan. 12, 2007, 120 Stat. 3578.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fish- ery Conservation and Management Act, which is classi- fied principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 2007—Pub. L. 109–479 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).