16 U.S.C. § 1861b — Fisheries enforcement plans and report-

Page 2115 TITLE 16—CONSERVATION § 1862 1 So in original. the Secretary of Commerce shall include a separate statement of the amount for each outstanding un- funded fishery resource disasters.’’ STUDY OF FEDERAL INVESTMENT IN FISHERIES Pub. L. 104–297, title I, § 116(b), Oct. 11, 1996, 110 Stat. 3603, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, required the Secretary of Commerce to estab- lish a task force comprised of interested parties to study and report to Congress within 2 years of Oct. 11, 1996, on the role of the Federal Government in sub- sidizing the expansion and contraction of fishing capac- ity in fishing fleets managed under the Magnuson-Ste- vens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and otherwise influencing the aggre- gate capital investments in fisheries. § 1861b. Fisheries enforcement plans and report- ing (a) Fisheries enforcement plans In preparing the Coast Guard’s annual fish- eries enforcement plan, the Commandant of the Coast Guard shall consult with the Under Sec- retary of Commerce for Oceans and Atmosphere and with State and local enforcement authori- ties. (b) Fishery patrols Prior to undertaking fisheries patrols, the Commandant of the Coast Guard shall notify the Under Secretary of Commerce for Oceans and Atmosphere and appropriate State and local en- forcement authorities of the projected dates for such patrols. (c) Annual summary The Commandant of the Coast Guard shall prepare and make available to the Under Sec- retary of Commerce for Oceans and Atmosphere, State and local enforcement entities, and other relevant stakeholders, an annual summary re- port of fisheries enforcement activities for the preceding year, including a summary of the number of patrols, law enforcement actions taken, and resource hours expended. (Pub. L. 108–293, title II, § 224, Aug. 9, 2004, 118 Stat. 1040.) Editorial Notes CODIFICATION Section was enacted as part of the Coast Guard and Maritime Transportation Act of 2004, and not as part of the Magnuson-Stevens Fishery Conservation and Man- agement Act which comprises this chapter. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENT For provision terminating reporting requirement under this section, see section 4(b) of Pub. L. 111–207, set out as a Combination of Fisheries Enforcement Plans and Foreign Fishing Incursion Reports note under section 1828 of this title. § 1862. North Pacific fisheries conservation (a) In general The North Pacific Council may prepare, in consultation with the Secretary, a fisheries re- search plan for any fishery under the Council’s jurisdiction except a salmon fishery which— (1) requires that observers be stationed on fishing vessels engaged in the catching, tak- ing, or harvesting of fish and on United States fish processors fishing for or processing spe- cies under the jurisdiction of the Council, in- cluding the Northern Pacific halibut fishery, for the purpose of collecting data necessary for the conservation, management, and sci- entific understanding of any fisheries under the Council’s jurisdiction; and (2) establishes a system, or system,1 of fees, which may vary by fishery, management area, or observer coverage level, to pay for the cost of implementing the plan. (b) Standards (1) Any plan or plan amendment prepared under this section shall be reasonably calculated to— (A) gather reliable data, by stationing ob- servers on all or a statistically reliable sample of the fishing vessels and United States fish processors included in the plan, necessary for the conservation, management, and scientific understanding of the fisheries covered by the plan; (B) be fair and equitable to all vessels and processors; (C) be consistent with applicable provisions of law; and (D) take into consideration the operating re- quirements of the fisheries and the safety of observers and fishermen. (2) Any system of fees established under this section shall— (A) provide that the total amount of fees collected under this section not exceed the combined cost of (i) stationing observers, or electronic monitoring systems, on board fish- ing vessels and United States fish processors, (ii) the actual cost of inputting collected data, and (iii) assessments necessary for a risk-shar- ing pool implemented under subsection (e) of this section, less any amount received for such purpose from another source or from an exist- ing surplus in the North Pacific Fishery Ob- server Fund established in subsection (d) of this section; (B) be fair and equitable to all participants in the fisheries under the jurisdiction of the Council, including the Northern Pacific hal- ibut fishery; (C) provide that fees collected not be used to pay any costs of administrative overhead or other costs not directly incurred in carrying out the plan; (D) not be used to offset amounts authorized under other provisions of law; (E) be expressed as a fixed amount reflecting actual observer costs as described in subpara- graph (A) or a percentage, not to exceed 2 per- cent, of the unprocessed ex-vessel value of fish and shellfish harvested under the jurisdiction of the Council, including the Northern Pacific halibut fishery; (F) be assessed against some or all fishing vessels and United States fish processors, in- cluding those not required to carry an ob- server or an electronic monitoring system under the plan, participating in fisheries under the jurisdiction of the Council, includ- ing the Northern Pacific halibut fishery;