16 U.S.C. § 1852 — Regional Fishery Management Councils

Page 2057 TITLE 16—CONSERVATION § 1852 spect to their ownership or mortgage interest in such vessel on that date to the extent of any such inconsist- ency. The provisions of section 12102(c) [now 12113(b)(2) to (d)] and section 31322(a) of title 46, United States Code, as amended by this Act, shall apply to all subse- quent owners and mortgagees of such vessel, and shall apply, notwithstanding the preceding sentence, to the owner on [sic] of such vessel if any ownership interest in that owner is transferred to or otherwise acquired by a foreign individual or entity after or if the percentage of foreign ownership in the vessel is increased after the effective date of this subsection [July 24, 2001].’’ [Pub. L. 107–20, title II, § 2202(e)(2), July 24, 2001, 115 Stat. 170, provided that: ‘‘Section 213(g) of the Amer- ican Fisheries Act (Public Law 105–277, division C, title II) [set out above] shall take effect on the date of en- actment of this Act [July 24, 2001].’’] RESTRICTION ON FUNDING CERTAIN NEW FISHERY MANAGEMENT PLANS, AMENDMENTS OR REGULATIONS Pub. L. 104–208, div. A, title I, § 101(a) [title II, §§ 208, 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–40, 3009–41, pro- vided that: ‘‘None of the funds appropriated under this Act or any other Act henceforth may be used to de- velop new fishery management plans, amendments, or regulations which create new individual fishing quota programs (whether such quotas are transferable or not) or to implement any such plans, amendments or regu- lations approved by a Regional Fishery Management Council or the Secretary after January 4, 1995, until offsetting fees to pay for the cost of administering such plans, amendments, or regulations are expressly au- thorized under the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C. 1801 et seq.). This restriction shall also apply to any program relat- ing to the Gulf of Mexico commercial red snapper fish- ery that authorizes the consolidation of licenses, per- mits or endorsements that result in different trip lim- its for vessels in the same class. This restriction shall not apply in any way to the North Pacific halibut and sablefish, South Atlantic wreckfish, or the Mid-Atlan- tic surfclam and ocean (including mahogany) quohog individual fishing quota programs. The term ‘indi- vidual fishing quota’ does not include a community de- velopment quota.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 104–134, title I, § 101[(a)] [title II, § 210], Apr. 26, 1996, 110 Stat. 1321, 1321–31; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; repealed by Pub. L. 104–297, title I, § 108(f)(6), Oct. 11, 1996, 110 Stat. 3579. ALBEMARLE SOUND-ROANOKE RIVER BASIN: STRIPED BASS STUDY Pub. L. 100–589, § 5, Nov. 3, 1988, 102 Stat. 2984, related to requirement of biological study of striped bass fish- ery resources and habitats of Albemarle Sound-Roa- noke River basin area and development of short-term and long-term recommendations for restoring and con- serving these resources and habitats, prior to repeal by Pub. L. 105–146, § 3(b), Dec. 16, 1997, 111 Stat. 2677. EXCLUSIVE ECONOMIC ZONE: ATLANTIC STRIPED BASS PROTECTION Pub. L. 100–589, § 6(a)–(f), Nov. 3, 1988, 102 Stat. 2986, as amended by Pub. L. 102–130, § 4, Oct. 17, 1991, 105 Stat. 627; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, directed Secretary of Commerce to regulate fishing for Atlantic striped bass in exclusive economic zone determined to be consistent with national standards set forth in this section, prior to repeal by Pub. L. 105–146, § 3(c), Dec. 16, 1997, 111 Stat. 2677. ATLANTIC STRIPED BASS CONSERVATION Pub. L. 98–613, §§ 1–9, Oct. 31, 1984, 98 Stat. 3187–3190, as amended, formerly set out as a note under this section, was transferred to chapter 71A (§ 5151 et seq.) of this title. § 1852. Regional Fishery Management Councils (a) Establishment (1) There shall be established, within 120 days after April 13, 1976, eight Regional Fishery Man- agement Councils, as follows: (A) New England Council The New England Fishery Management Council shall consist of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The New England Council shall have 18 voting members, including 12 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). (B) Mid-Atlantic Council The Mid-Atlantic Fishery Management Council shall consist of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except North Carolina, and as provided in paragraph (3)). The Mid-Atlantic Council shall have 21 voting members, including 13 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). (C) South Atlantic Council The South Atlantic Fishery Management Council shall consist of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (ex- cept as provided in paragraph (3)). The South Atlantic Council shall have 13 voting mem- bers, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). (D) Caribbean Council The Caribbean Fishery Management Council shall consist of the Virgin Islands and the Commonwealth of Puerto Rico and shall have authority over the fisheries in the Caribbean Sea and Atlantic Ocean seaward of such States and of commonwealths, territories, and pos- sessions of the United States in the Caribbean Sea (except as provided in paragraph (3)). The Caribbean Council shall have 7 voting mem- bers, including 4 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). (E) Gulf Council The Gulf of Mexico Fishery Management Council shall consist of the States of Texas, Louisiana, Mississippi, Alabama, and Florida and shall have authority over the fisheries in the Gulf of Mexico seaward of such States (ex- cept as provided in paragraph (3)). The Gulf Council shall have 17 voting members, includ- ing 11 appointed by the Secretary in accord- ance with subsection (b)(2) (at least one of whom shall be appointed from each such State). Page 2058 TITLE 16—CONSERVATION § 1852 1 So in original. Probably should not be capitalized. (F) Pacific Council The Pacific Fishery Management Council shall consist of the States of California, Or- egon, Washington, and Idaho and shall have authority over the fisheries in the Pacific Ocean seaward of such States. The Pacific Council shall have 14 voting members, includ- ing 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State), and including one appointed from an Indian tribe with Federally 1 recognized fishing rights from California, Oregon, Washington, or Idaho in accordance with subsection (b)(5). (G) North Pacific Council The North Pacific Fishery Management Council shall consist of the States of Alaska, Washington, and Oregon and shall have au- thority over the fisheries in the Arctic Ocean, Bering Sea, and Pacific Ocean seaward of Alas- ka. The North Pacific Council shall have 11 voting members, including 7 appointed by the Secretary in accordance with subsection (b)(2) (5 of whom shall be appointed from the State of Alaska and 2 of whom shall be appointed from the State of Washington). (H) Western Pacific Council The Western Pacific Fishery Management Council shall consist of the States of Hawaii, American Samoa, Guam, and the Northern Mariana Islands and shall have authority over the fisheries in the Pacific Ocean seaward of such States and of the Commonwealths, terri- tories, and possessions of the United States in the Pacific Ocean area. The Western Pacific Council shall have 13 voting members, includ- ing 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each of the following States: Hawaii, American Samoa, Guam, and the Northern Mariana Islands). (2) Each Council shall reflect the expertise and interest of the several constituent States in the ocean area over which such Council is granted authority. (3) The Secretary shall have authority over any highly migratory species fishery that is within the geographical area of authority of more than one of the following Councils: New England Council, Mid-Atlantic Council, South Atlantic Council, Gulf Council, and Caribbean Council. (b) Voting members (1) The voting members of each Council shall be: (A) The principal State official with marine fishery management responsibility and exper- tise in each constituent State, who is des- ignated as such by the Governor of the State, so long as the official continues to hold such position, or the designee of such official. (B) The regional director of the National Marine Fisheries Service for the geographic area concerned, or his designee, except that if two such directors are within such geo- graphical area, the Secretary shall designate which of such directors shall be the voting member. (C) The members required to be appointed by the Secretary in accordance with paragraphs (2) and (5). (2)(A) The members of each Council required to be appointed by the Secretary must be indi- viduals who, by reason of their occupational or other experience, scientific expertise, or train- ing, are knowledgeable regarding the conserva- tion and management, or the commercial or rec- reational harvest, of the fishery resources of the geographical area concerned. Within nine months after November 28, 1990, the Secretary shall, by regulation, prescribe criteria for deter- mining whether an individual satisfies the re- quirements of this subparagraph. (B) The Secretary, in making appointments under this section, shall, to the extent prac- ticable, ensure a fair and balanced apportion- ment, on a rotating or other basis, of the active participants (or their representatives) in the commercial and recreational fisheries under the jurisdiction of the Council. On January 31, 1991, and each year thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fish- eries of the House of Representatives a report on the actions taken by the Secretary to ensure that such fair and balanced apportionment is achieved. The report shall— (i) list the fisheries under the jurisdiction of each Council, outlining for each fishery the type and quantity of fish harvested, fishing and processing methods employed, the number of participants, the duration and range of the fishery, and other distinguishing characteris- tics; (ii) assess the membership of each Council in terms of the apportionment of the active par- ticipants in each such fishery; and (iii) state the Secretary’s plans and schedule for actions to achieve a fair and balanced ap- portionment on the Council for the active par- ticipants in any such fishery. (C) The Secretary shall appoint the members of each Council from a list of individuals sub- mitted by the Governor of each applicable con- stituent State. A Governor may not submit the names of individuals to the Secretary for ap- pointment unless the Governor has determined that each such individual is qualified under the requirements of subparagraph (A) and unless the Governor has, to the extent practicable, first consulted with representatives of the commer- cial and recreational fishing interests of the State regarding those individuals. Each such list shall include the names and pertinent biographi- cal data of not less than three individuals for each applicable vacancy and shall be accom- panied by a statement by the Governor explain- ing how each such individual meets the require- ments of subparagraph (A). The Secretary shall review each list submitted by a Governor to as- certain if the individuals on the list are quali- fied for the vacancy on the basis of such require- ments. If the Secretary determines that any in- dividual is not qualified, the Secretary shall no- tify the appropriate Governor of that determina- Page 2059 TITLE 16—CONSERVATION § 1852 2 See References in Text note below. 3 So in original. Probably should be ‘‘paragraph’’. tion. The Governor shall then submit a revised list or resubmit the original list with an addi- tional explanation of the qualifications of the individual in question. An individual is not eli- gible for appointment by the Secretary until that individual complies with the applicable fi- nancial disclosure requirements under sub- section (k).2 (D)(i) The Governor of a State submitting a list of names of individuals for appointment by the Secretary of Commerce to the Gulf of Mex- ico Fisheries Management Council under sub- paragraph (C) shall include— (I) at least 1 nominee each from the commer- cial, recreational, and charter fishing sectors; and (II) at least 1 other individual who is knowl- edgeable regarding the conservation and man- agement of fisheries resources in the jurisdic- tion of the Council. (ii) Notwithstanding the requirements of sub- paragraph (C), if the Secretary determines that the list of names submitted by the Governor does not meet the requirements of clause (i) the Secretary shall— (I) publish a notice in the Federal Register asking the residents of that State to submit the names and pertinent biographical data of individuals who would meet the requirement not met for appointment to the Council; and (II) add the name of any qualified individual submitted by the public who meets the unmet requirement to the list of names submitted by the Governor. (iii) For purposes of clause (i) an individual who owns or operates a fish farm outside of the United States shall not be considered to be a representative of the commercial or rec- reational fishing sector. (iv) The requirements of this subparagraph shall expire at the end of fiscal year 2012. (E) Whenever the Secretary makes an appoint- ment to a Council, the Secretary shall make a public announcement of such appointment not less than 45 days before the first day on which the individual is to take office as a member of the Council. (3) Each voting member appointed to a Council by the Secretary in accordance with paragraphs (2) and (5) shall serve for a term of 3 years; ex- cept that the Secretary may designate a shorter term if necessary to provide for balanced expira- tion to terms of office. No member appointed after January 1, 1986, may serve more than three consecutive terms. Any term in which an indi- vidual was appointed to replace a member who left office during the term shall not be counted in determining the number of consecutive terms served by that Council member. (4) Successors to the voting members of any Council shall be appointed in the same manner as the original voting members. Any individual appointed to fill a vacancy occurring prior to the expiration of any term of office shall be ap- pointed for the remainder of that term. (5)(A) The Secretary shall appoint to the Pa- cific Council one representative of an Indian tribe with Federally 1 recognized fishing rights from California, Oregon, Washington, or Idaho from a list of not less than 3 individuals sub- mitted by the tribal governments. The Sec- retary, in consultation with the Secretary of the Interior and tribal governments, shall establish by regulation the procedure for submitting a list under this subparagraph. (B) Representation shall be rotated among the tribes taking into consideration— (i) the qualifications of the individuals on the list referred to in subparagraph (A), (ii) the various rights of the Indian tribes in- volved and judicial cases that set forth how those rights are to be exercised, and (iii) the geographic area in which the tribe of the representative is located. (C) A vacancy occurring prior to the expira- tion of any term shall be filled in the same man- ner as set out in subparagraphs (A) and (B), ex- cept that the Secretary may use the list from which the vacating representative was chosen. (D) The tribal representative appointed under subparagraph (A) may designate as an alternate, during the period of the representative’s term, an individual knowledgeable concerning tribal rights, tribal law, and the fishery resources of the geographical area concerned. (6) The Secretary may remove for cause any member of a Council required to be appointed by the Secretary in accordance with paragraphs 3 (2) or (5) if— (A) the Council concerned first recommends removal by not less than two-thirds of the members who are voting members and submits such removal recommendation to the Sec- retary in writing together with a statement of the basis for the recommendation; or (B) the member is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, to have committed an act prohibited by section 1857(1)(O) of this title. (c) Nonvoting members (1) The nonvoting members of each Council shall be: (A) The regional or area director of the United States Fish and Wildlife Service for the geographical area concerned, or his designee. (B) The Commander of the Coast Guard dis- trict for the geographical area concerned, or his designee; except that, if two Coast Guard districts are within such geographical area, the commander designated for such purpose by the commandant of the Coast Guard. (C) The executive director of the Marine Fisheries Commission for the geographical area concerned, if any, or his designee. (D) One representative of the Department of State designated for such purpose by the Sec- retary of State, or his designee. (2) The Pacific Council shall have one addi- tional nonvoting member who shall be appointed by, and serve at the pleasure of, the Governor of Alaska. (d) Compensation and expenses The voting members of each Council who are required to be appointed by the Secretary and Page 2060 TITLE 16—CONSERVATION § 1852 who are not employed by the Federal Govern- ment or any State or local government, shall re- ceive compensation at the daily rate for GS–15, step 7 of the General Schedule, when engaged in the actual performance of duties for such Coun- cil. The voting members of each Council, any nonvoting member described in subsection (c)(1)(C), and the nonvoting member appointed pursuant to subsection (c)(2) shall be reimbursed for actual expenses incurred in the performance of such duties, and other nonvoting members and Council staff members may be reimbursed for actual expenses. (e) Transaction of business (1) A majority of the voting members of any Council shall constitute a quorum, but one or more such members designated by the Council may hold hearings. All decisions of any Council shall be by majority vote of the voting members present and voting. (2) The voting members of each Council shall select a Chairman for such Council from among the voting members. (3) Each Council shall meet at appropriate times and places in any of the constituent States of the Council at the call of the Chair- man or upon the request of a majority of its vot- ing members. (4) If any voting member of a Council dis- agrees with respect to any matter which is transmitted to the Secretary by such Council, such member may submit a statement to the Secretary setting forth the reasons for such dis- agreement. The regional director of the Na- tional Marine Fisheries Service serving on the Council, or the regional director’s designee, shall submit such a statement, which shall be made available to the public upon request, if the regional director disagrees with any such mat- ter. (5) At the request of any voting member of a Council, the Council shall hold a roll call vote on any matter before the Council. The official minutes and other appropriate records of any Council meeting shall identify all roll call votes held, the name of each voting member present during each roll call vote, and how each member voted on each roll call vote. (f) Staff and administration (1) Each Council may appoint, and assign du- ties to, an executive director and such other full- and part-time administrative employees as the Secretary determines are necessary to the performance of its functions. (2) Upon the request of any Council, and after consultation with the Secretary, the head of any Federal agency is authorized to detail to such Council, on a reimbursable basis, any of the per- sonnel of such agency, to assist such Council in the performance of its functions under this chapter. (3) The Secretary shall provide to each Council such administrative and technical support serv- ices as are necessary for the effective func- tioning of such Council. (4) The Administrator of General Services shall furnish each Council with such offices, equipment, supplies, and services as he is au- thorized to furnish to any other agency or in- strumentality of the United States. (5) The Secretary and the Secretary of State shall furnish each Council with relevant infor- mation concerning foreign fishing and inter- national fishery agreements. (6) Each Council shall determine its organiza- tion, and prescribe its practices and procedures for carrying out its functions under this chap- ter, in accordance with such uniform standards as are prescribed by the Secretary. The proce- dures of a Council, and of its scientific and sta- tistical committee and advisory panels estab- lished under subsection (g), must be consistent with the procedural guidelines set forth in sub- section (i)(2). Each Council shall publish and make available to the public a statement of its organization, practices, and procedures. (7) The Secretary shall pay— (A) the compensation and expenses provided for in subsection (d); (B) appropriate compensation to employees appointed under paragraph (1); (C) the amounts required for reimbursement of other Federal agencies under paragraphs (2) and (4); (D) the actual expenses of the members of the committees and panels established under subsection (g); and (E) such other costs as the Secretary deter- mines are necessary to the performance of the functions of the Councils. (g) Committees and advisory panels (1)(A) Each Council shall establish, maintain, and appoint the members of a scientific and sta- tistical committee to assist it in the develop- ment, collection, evaluation, and peer review of such statistical, biological, economic, social, and other scientific information as is relevant to such Council’s development and amendment of any fishery management plan. (B) Each scientific and statistical committee shall provide its Council ongoing scientific ad- vice for fishery management decisions, includ- ing recommendations for acceptable biological catch, preventing overfishing, maximum sus- tainable yield, and achieving rebuilding targets, and reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices. (C) Members appointed by the Councils to the scientific and statistical committees shall be Federal employees, State employees, academi- cians, or independent experts and shall have strong scientific or technical credentials and ex- perience. (D) Each member of a scientific and statistical committee shall be treated as an affected indi- vidual for purposes of paragraphs (2), (3)(B), (4), and (5)(A) of subsection (j). The Secretary shall keep disclosures made pursuant to this subpara- graph on file. (E) The Secretary and each Council may es- tablish a peer review process for that Council for scientific information used to advise the Council about the conservation and management of the fishery. The review process, which may include existing committees or panels, is deemed to sat- isfy the requirements of the guidelines issued pursuant to section 515 of the Treasury and Gen- eral Government Appropriations Act for Fiscal Page 2061 TITLE 16—CONSERVATION § 1852 4 So in original. The word ‘‘section’’ probably should not ap- pear. year 2001 (Public Law 106–554—Appendix C; 114 Stat. 2763A–153). (F) In addition to the provisions of subsection (f)(7), the Secretary shall, subject to the avail- ability of appropriations, pay a stipend to mem- bers of the scientific and statistical committees or advisory panels who are not employed by the Federal Government or a State marine fisheries agency. (G) A science and statistical committee shall hold its meetings in conjunction with the meet- ing of the Council, to the extent practicable. (2) Each Council shall establish such advisory panels as are necessary or appropriate to assist it in carrying out its functions under this chap- ter. (3)(A) Each Council shall establish and main- tain a fishing industry advisory committee which shall provide information and rec- ommendations on, and assist in the development of, fishery management plans and amendments to such plans. (B) Appointments to a committee established under subparagraph (A) shall be made by each Council in such a manner as to provide fair rep- resentation to commercial fishing interests in the geographical area of authority of the Coun- cil. (4) The Secretary shall establish advisory pan- els to assist in the collection and evaluation of information relevant to the development of any fishery management plan or plan amendment for a fishery to which subsection (a)(3) applies. Each advisory panel shall participate in all as- pects of the development of the plan or amend- ment; be balanced in its representation of com- mercial, recreational, and other interests; and consist of not less than 7 individuals who are knowledgeable about the fishery for which the plan or amendment is developed, selected from among— (A) members of advisory committees and species working groups appointed under Acts implementing relevant international fishery agreements pertaining to highly migratory species; and (B) other interested persons. (5) Decisions and recommendations made by committees and panels established under this subsection shall be considered to be advisory in nature. (h) Functions Each Council shall, in accordance with the provisions of this chapter— (1) for each fishery under its authority that requires conservation and management, pre- pare and submit to the Secretary (A) a fishery management plan, and (B) amendments to each such plan that are necessary from time to time (and promptly whenever changes in conservation and management measures in an- other fishery substantially affect the fishery for which such plan was developed); (2) prepare comments on any application for foreign fishing transmitted to it under section 1824(b)(4)(C) of this title or section 1824(d) of this title, and any fishery management plan or amendment transmitted to it under section 1854(c)(4) of this title; (3) conduct public hearings, at appropriate times and in appropriate locations in the geo- graphical area concerned, so as to allow all in- terested persons an opportunity to be heard in the development of fishery management plans and amendments to such plans, and with re- spect to the administration and implementa- tion of the provisions of this chapter (and for purposes of this paragraph, the term ‘‘geo- graphical area concerned’’ may include an area under the authority of another Council if the fish in the fishery concerned migrate into, or occur in, that area or if the matters being heard affect fishermen of that area; but not unless such other Council is first consulted re- garding the conduct of such hearings within its area); (4) submit to the Secretary such periodic re- ports as the Council deems appropriate, and any other relevant report which may be re- quested by the Secretary; (5) review on a continuing basis, and revise as appropriate, the assessments and specifica- tions made pursuant to section 1853(a)(3) and (4) of this title with respect to the optimum yield from, the capacity and extent to which United States fish processors will process United States harvested fish from, and the total allowable level of foreign fishing in, each fishery (except as provided in section 4 sub- section (a)(3)) within its geographical area of authority; (6) develop annual catch limits for each of its managed fisheries that may not exceed the fishing level recommendations of its scientific and statistical committee or the peer review process established under subsection (g); (7) develop, in conjunction with the sci- entific and statistical committee, multi-year research priorities for fisheries, fisheries interactions, habitats, and other areas of re- search that are necessary for management purposes, that shall— (A) establish priorities for 5-year periods; (B) be updated as necessary; and (C) be submitted to the Secretary and the regional science centers of the National Ma- rine Fisheries Service for their consider- ation in developing research priorities and budgets for the region of the Council; (8) in addition to complying with the stand- ards and requirements under paragraph (6), sections 1851(a), 1853(a)(15), and 1854(e) of this title, and other applicable provisions of this chapter, have the authority to use fishery management measures in a recreational fish- ery (or the recreational component of a mixed- use fishery) in developing a fishery manage- ment plan, plan amendment, or proposed regu- lations, such as extraction rates, fishing mor- tality targets, harvest control rules, or tradi- tional or cultural practices of native commu- nities in such fishery or fishery component; and (9) conduct any other activities which are required by, or provided for in, this chapter or which are necessary and appropriate to the foregoing functions. Page 2062 TITLE 16—CONSERVATION § 1852 5 So in original. Probably should be ‘‘subparagraph’’. (i) Procedural matters (1) Chapter 10 of title 5 shall not apply to the Councils, the Council coordination committee established under subsection (l), or to the sci- entific and statistical committees or other com- mittees or advisory panels established under subsection (g). (2) The following guidelines apply with respect to the conduct of business at meetings of a Council, of the Council coordination committee established under subsection (l), and of the sci- entific and statistical committees or other com- mittees or advisory panels established under subsection (g): (A) Unless closed in accordance with para- graph (3), each regular meeting and each emer- gency meeting shall be open to the public. (B) Emergency meetings shall be held at the call of the chairman or equivalent presiding officer. (C) Timely public notice of each regular meeting and each emergency meeting, includ- ing the time, place, and agenda of the meet- ing, shall be provided by any means that will result in wide publicity in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery), except that e-mail notification and website postings alone are not sufficient. Timely notice of each regular meeting shall also be published in the Federal Register. The published agenda of the meeting may not be modified to include additional matters for Council action without public notice or within 14 days prior to the meeting date, unless such modification is to address an emergency ac- tion under section 1855(c) of this title, in which case public notice shall be given imme- diately. (D) Interested persons shall be permitted to present oral or written statements regarding the matters on the agenda at meetings. All written information submitted to a Council by an interested person shall include a statement of the source and date of such information. Any oral or written statement shall include a brief description of the background and inter- ests of the person in the subject of the oral or written statement. (E) Detailed minutes of each meeting of the Council, except for any closed session, shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all statements filed. The Chair- man shall certify the accuracy of the minutes of each such meeting and submit a copy there- of to the Secretary. The minutes shall be made available to any court of competent ju- risdiction. (F) Subject to the procedures established under paragraph (4), and the guidelines pre- scribed by the Secretary under section 1881a(b) of this title, relating to confidentiality, the administrative record, including minutes re- quired under subparagraph (E), of each meet- ing, and records or other documents which were made available to or prepared for or by the Council, committee, or panel incident to the meeting, shall be available for public in- spection and copying at a single location in the offices of the Council or the Secretary, as appropriate. (3)(A) Each Council, the Council Coordination Committee established under subsection (l), sci- entific, and statistical committee, other com- mittees, and advisory panel— (i) shall close any meeting, or portion there- of, that concerns matters or information that bears a national security classification; and (ii) may close any meeting, or portion there- of, that concerns matters or information that pertains to national security, employment matters, or briefings on litigation in which the Council is interested. Subparagraphs (D) and (F) of paragraph (2) shall not apply to any meeting or portion thereof that is so closed. (B) If any meeting or portion is closed, the Council concerned shall provide notice by any means that will result in wide publicity in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery), except that e-mail notifi- cation and website postings alone are not suffi- cient, including in that notification the time and place of the meeting. This subpararaph 5 does not require notification regarding any brief closure of a portion of a meeting in order to dis- cuss employment or other internal administra- tive matters. (4) Each Council shall establish appropriate procedures applicable to it and to its committee and advisory panels for ensuring the confiden- tiality of the statistics that may be submitted to it by Federal or State authorities, and may be voluntarily submitted to it by private per- sons; including, but not limited to, procedures for the restriction of Council employee access and the prevention of conflicts of interest; ex- cept that such procedures, in the case of statis- tics submitted to the Council by a State or by the Secretary under section 1881a(b) of this title, must be consistent with the laws and regula- tions of that State, or with the procedures of the Secretary, as the case may be, concerning the confidentiality of the statistics. (5) Each Council shall specify those procedures that are necessary or appropriate to ensure that the committees and advisory panels established under subsection (g) are involved, on a con- tinuing basis, in the development and amend- ment of fishery management plans. (6) At any time when a Council determines it appropriate to consider new information from a State or Federal agency or from a Council advi- sory body, the Council shall give comparable consideration to new information offered at that time by interested members of the public. Inter- ested parties shall have a reasonable oppor- tunity to respond to new data or information be- fore the Council takes final action on conserva- tion and management measures. (j) Disclosure of financial interest and recusal (1) For the purposes of this subsection— (A) the term ‘‘affected individual’’ means an individual who— (i) is nominated by the Governor of a State for appointment as a voting member of a Page 2063 TITLE 16—CONSERVATION § 1852 Council in accordance with subsection (b)(2); or (ii) is a voting member of a Council ap- pointed— (I) under subsection (b)(2); or (II) under subsection (b)(5) who is not subject to disclosure and recusal require- ments under the laws of an Indian tribal government; and (B) the term ‘‘designated official’’ means a person with expertise in Federal conflict-of-in- terest requirements who is designated by the Secretary, in consultation with the Council, to attend Council meetings and make deter- minations under paragraph (7)(B). (2) Each affected individual must disclose any financial interest held by— (A) that individual; (B) the spouse, minor child, or partner of that individual; and (C) any organization (other than the Coun- cil) in which that individual is serving as an officer, director, trustee, partner, or employee; in any harvesting, processing, lobbying, advo- cacy, or marketing activity that is being, or will be, undertaken within any fishery over which the Council concerned has jurisdiction, or with respect to an individual or organization with a financial interest in such activity. (3) The disclosure required under paragraph (2) shall be made— (A) in the case of an affected individual re- ferred to in paragraph (1)(A)(i), before appoint- ment by the Secretary; and (B) in the case of an affected individual re- ferred to in paragraph (1)(A)(ii), within 45 days of taking office. (4) An affected individual referred to in para- graph (1)(A)(ii) must update his or her disclosure form at any time any such financial interest is acquired, or substantially changed, by any per- son referred to in paragraph (2)(A), (B), or (C). (5) The financial interest disclosures required by this subsection shall— (A) be made on such forms, in accordance with such procedures, and at such times, as the Secretary shall by regulation prescribe; (B) be kept on file by the Council and made available on the Internet and for public in- spection at the Council offices during reason- able hours; and (C) be kept on file by the Secretary for use in reviewing determinations under paragraph (7)(B) and made available for public inspection at reasonable hours. (6) The participation by an affected individual referred to in paragraph (1)(A)(ii) in an action by a Council during any time in which that indi- vidual is not in compliance with the regulations prescribed under paragraph (5) may not be treat- ed as cause for the invalidation of that action. (7)(A) After the effective date of regulations promulgated under subparagraph (F) of this paragraph, an affected individual required to disclose a financial interest under paragraph (2) shall not vote on a Council decision which would have a significant and predictable effect on such financial interest. A Council decision shall be considered to have a significant and predictable effect on a financial interest if there is a close causal link between the Council decision and an expected and substantially disproportionate benefit to the financial interest of the affected individual relative to the financial interests of other participants in the same gear type or sec- tor of the fishery. An affected individual who may not vote may participate in Council delib- erations relating to the decision after notifying the Council of the voting recusal and identifying the financial interest that would be affected. (B) At the request of an affected individual, or upon the initiative of the appropriate designated official, the designated official shall make a de- termination for the record whether a Council de- cision would have a significant and predictable effect on a financial interest. (C) Any Council member may submit a written request to the Secretary to review any deter- mination by the designated official under sub- paragraph (B) within 10 days of such determina- tion. Such review shall be completed within 30 days of receipt of the request. (D) Any affected individual who does not vote in a Council decision in accordance with this subsection may state for the record how he or she would have voted on such decision if he or she had voted. (E) If the Council makes a decision before the Secretary has reviewed a determination under subparagraph (C), the eventual ruling may not be treated as cause for the invalidation or recon- sideration by the Secretary of such decision. (F) The Secretary, in consultation with the Councils and by not later than one year from October 11, 1996, shall promulgate regulations which prohibit an affected individual from vot- ing in accordance with subparagraph (A), and which allow for the making of determinations under subparagraphs (B) and (C). (8) Section 208 of title 18 does not apply to an affected individual referred to in paragraph (1)(A)(ii) during any time in which that indi- vidual is in compliance with the regulations pre- scribed under paragraph (5). (9) On January 1, 2008, and annually there- after, the Secretary shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representa- tives Committee on Resources on action taken by the Secretary and the Councils to implement the disclosure of financial interest and recusal requirements of this subsection, including iden- tification of any conflict of interest problems with respect to the Councils and scientific and statistical committees and recommendations for addressing any such problems. (k) Council training program (1) Training course Within 6 months after January 12, 2007, the Secretary, in consultation with the Councils and the National Sea Grant College Program, shall develop a training course for newly ap- pointed Council members. The course may cover a variety of topics relevant to matters before the Councils, including— (A) fishery science and basic stock assess- ment methods; (B) fishery management techniques, data needs, and Council procedures; Page 2064 TITLE 16—CONSERVATION § 1852 (C) social science and fishery economics; (D) tribal treaty rights and native cus- toms, access, and other rights related to Western Pacific indigenous communities; (E) legal requirements of this chapter, in- cluding conflict of interest and disclosure provisions of this section and related poli- cies; (F) other relevant legal and regulatory re- quirements, including the National Environ- mental Policy Act (42 U.S.C. 4321 et seq.); (G) public process for development of fish- ery management plans; (H) other topics suggested by the Council; and (I) recreational and commercial fishing in- formation, including fish harvesting tech- niques, gear types, fishing vessel types, and economics for the fisheries within each Council’s jurisdiction. (2) Member training The training course shall be available to both new and existing Council members, staff from the regional offices and regional science centers of the National Marine Fisheries Serv- ice, and may be made available to committee or advisory panel members as resources allow. (3) Required training Council members appointed after January 12, 2007, shall complete a training course that meets the requirements of this section not later than 1 year after the date on which they were appointed. Any Council member who has completed a training course within 24 months before January 12, 2007, shall be considered to have met the training requirement of this paragraph. (l) Council coordination committee The Councils may establish a Council coordi- nation committee consisting of the chairs, vice chairs, and executive directors of each of the 8 Councils described in subsection (a)(1), or other Council members or staff, in order to discuss issues of relevance to all Councils, including issues related to the implementation of this chapter. (Pub. L. 94–265, title III, § 302, Apr. 13, 1976, 90 Stat. 347; Pub. L. 95–354, § 5(1), Aug. 28, 1978, 92 Stat. 521; Pub. L. 96–561, title II, § 234, Dec. 22, 1980, 94 Stat. 3299; Pub. L. 97–453, § 5, Jan. 12, 1983, 96 Stat. 2484; Pub. L. 99–659, title I, § 104(a)(1), (b)–(e)(1), Nov. 14, 1986, 100 Stat. 3709, 3710; Pub. L. 101–627, title I, §§ 108(a)–(j), 120(c), Nov. 28, 1990, 104 Stat. 4444–4446, 4459; Pub. L. 102–582, title IV, § 403, Nov. 2, 1992, 106 Stat. 4909; Pub. L. 104–297, title I, § 107, Oct. 11, 1996, 110 Stat. 3570; Pub. L. 106–113, div. B, § 1000(a)(1) [title II, § 210], Nov. 29, 1999, 113 Stat. 1535, 1501A–33; Pub. L. 109–479, title I, §§ 102, 103, Jan. 12, 2007, 120 Stat. 3579; Pub. L. 115–405, § 102(a), Dec. 31, 2018, 132 Stat. 5357; Pub. L. 117–286, § 4(a)(116), Dec. 27, 2022, 136 Stat. 4318.) Editorial Notes REFERENCES IN TEXT Subsection (k), referred to in subsec. (b)(2)(C), was re- designated subsec. (j) of this section by Pub. L. 104–297, title I, § 107(g), Oct. 11, 1996, 110 Stat. 3572. The General Schedule, referred to in subsec. (d), is set out under section 5332 of Title 5, Government Organiza- tion and Employees. This chapter, referred to in subsecs. (f)(2), (6), (g)(2), (h), (k)(1)(E), and (l), was in the original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation 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. Section 515 of the Treasury and General Government Appropriations Act for Fiscal year 2001, referred to in subsec. (g)(1)(E), is section 1(a)(3) [title V, § 515] of Pub. L. 106–554, which is set out as a note under section 3516 of Title 44, Public Printing and Documents. The National Environmental Policy Act, referred to in subsec. (k)(1)(F), probably means the National Envi- ronmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2022—Subsec. (i)(1). Pub. L. 117–286 substituted ‘‘Chap- ter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’. 2018—Subsec. (h)(8), (9). Pub. L. 115–405 added par. (8) and redesignated former par. (8) as (9). 2007—Subsec. (a)(1)(D). Pub. L. 109–479, § 102, inserted ‘‘and of commonwealths, territories, and possessions of the United States in the Caribbean Sea’’ after ‘‘seaward of such States’’. Subsec. (b)(2)(D), (E). Pub. L. 109–479, § 103(j), added subpar. (D) and redesignated former subpar. (D) as (E). Subsec. (b)(5)(D). Pub. L. 109–479, § 103(a), added sub- par. (D). Subsec. (g). Pub. L. 109–479, § 103(b)(1), substituted ‘‘Committees and advisory panels’’ for ‘‘Committees and panels’’ in heading. Subsec. (g)(1). Pub. L. 109–479, § 103(b)(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘Each Council shall establish and maintain, and ap- point the members of, a scientific and statistical com- mittee to assist it in the development, collection, and evaluation of such statistical, biological, economic, so- cial, and other scientific information as is relevant to such Council’s development and amendment of any fishery management plan.’’ Subsec. (g)(2). Pub. L. 109–479, § 103(b)(2), (3), struck out ‘‘other’’ before ‘‘advisory panels’’ and realigned margins. Subsec. (g)(3) to (5). Pub. L. 109–479, § 103(b)(3), re- aligned margins. Subsec. (h)(5). Pub. L. 109–479, § 103(c)(1), which di- rected substitution of ‘‘authority;’’ for ‘‘authority, and’’, was executed by making the substitution for ‘‘au- thority; and’’ to reflect the probable intent of Congress. Subsec. (h)(6). Pub. L. 109–479, § 103(c)(3), added par. (6). Former par. (6) redesignated (7). Subsec. (h)(7). Pub. L. 109–479, § 103(d)(1), (3), added par. (7). Former par. (7) redesignated (8). Pub. L. 109–479, § 103(c)(2), redesignated par. (6) as (7). Subsec. (h)(8). Pub. L. 109–479, § 103(d)(2), redesignated par. (7) as (8). Subsec. (i)(1). Pub. L. 109–479, § 103(h)(1), substituted ‘‘to the Councils, the Council coordination committee established under subsection (l), or to the scientific and statistical committees or other committees or advisory panels established under subsection (g).’’ for ‘‘to the Councils or to the scientific and statistical committees or advisory panels established under subsection (g) of this section.’’ Subsec. (i)(2). Pub. L. 109–479, § 103(h)(2), in introduc- tory provisions, substituted ‘‘of a Council, of the Coun- cil coordination committee established under sub- section (l), and of the scientific and statistical commit- tees or other committees or advisory panels established Page 2065 TITLE 16—CONSERVATION § 1852 under subsection (g):’’ for ‘‘of a Council, and of the sci- entific and statistical committee and advisory panels established under subsection (g) of this section:’’. Subsec. (i)(2)(C). Pub. L. 109–479, § 103(e), substituted ‘‘provided by any means that will result in wide pub- licity in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery), except that e-mail notification and website postings alone are not sufficient.’’ for ‘‘published in local newspapers in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery) and such notice may be given by such other means as will result in wide publicity.’’ Subsec. (i)(3)(A). Pub. L. 109–479, § 103(h)(3), (4), in in- troductory provisions, inserted ‘‘the Council Coordina- tion Committee established under subsection (l),’’ after ‘‘Council,’’ and ‘‘other committees,’’ after ‘‘com- mittee,’’. Subsec. (i)(3)(B). Pub. L. 109–479, § 103(f), which di- rected substitution of ‘‘provide notice by any means that will result in wide publicity in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery), except that e-mail notification and website postings alone are not sufficient,’’ for ‘‘notify local newspapers in the major fishing ports within its region (and in other major, affected fishing ports,’’, was executed by mak- ing the substitution for text which ended with ‘‘ports),’’ to reflect the probable intent of Congress. Subsec. (j)(2). Pub. L. 109–479, § 103(i)(1), (2), in con- cluding provisions, inserted ‘‘lobbying, advocacy,’’ after ‘‘processing,’’ and substituted ‘‘jurisdiction, or with respect to an individual or organization with a fi- nancial interest in such activity.’’ for ‘‘jurisdiction.’’ Subsec. (j)(5)(B). Pub. L. 109–479, § 103(i)(3), added sub- par. (B) and struck out former subpar. (B) which read as follows: ‘‘be kept on file, and made available for pub- lic inspection at reasonable hours, at the Council of- fices; and’’. Subsec. (j)(9). Pub. L. 109–479, § 103(i)(4), added par. (9). Subsecs. (k), (l). Pub. L. 109–479, § 103(g), added sub- secs. (k) and (l). 1999—Subsec. (a)(1)(A). Pub. L. 106–113 substituted ‘‘18’’ for ‘‘17’’ and ‘‘12’’ for ‘‘11’’. 1996—Subsec. (a). Pub. L. 104–297, § 107(a)(1), (2), (6), in- serted ‘‘(1)’’ before ‘‘There shall be established’’, redes- ignated former pars. (1) to (8) as subpars. (A) to (H), re- spectively, adjusted margin of last sentence, and in- serted ‘‘(2)’’ before ‘‘Each Council’’. Subsec. (a)(1)(A). Pub. L. 104–297, § 107(a)(3), sub- stituted ‘‘paragraph (3)’’ for ‘‘section 1854(f)(3) of this title’’. Subsec. (a)(1)(B). Pub. L. 104–297, § 107(a)(3), (4), sub- stituted ‘‘Virginia, and North Carolina’’ for ‘‘and Vir- ginia’’, inserted ‘‘North Carolina, and’’ after ‘‘except’’, and substituted ‘‘paragraph (3)’’ for ‘‘section 1854(f)(3) of this title’’, ‘‘21 voting’’ for ‘‘19 voting’’, and ‘‘13 ap- pointed’’ for ‘‘12 appointed’’. Subsec. (a)(1)(C) to (E). Pub. L. 104–297, § 107(a)(3), sub- stituted ‘‘paragraph (3)’’ for ‘‘section 1854(f)(3) of this title’’. Subsec. (a)(1)(F). Pub. L. 104–297, § 107(a)(5), amended heading and text of subpar. (F) generally. Prior to amendment, text read as follows: ‘‘The Pacific Fishery Management Council shall consist of the States of Cali- fornia, Oregon, Washington, and Idaho and shall have authority over the fisheries in the Pacific Ocean sea- ward of such States. The Pacific Council shall have 13 voting members, including 8 appointed by the Sec- retary in accordance with subsection (b)(2) of this sec- tion (at least one of whom shall be appointed from each such State).’’ Subsec. (a)(3). Pub. L. 104–297, § 107(a)(7), added par. (3). Subsec. (b)(1)(C). Pub. L. 104–297, § 107(b)(1), sub- stituted ‘‘paragraphs (2) and (5)’’ for ‘‘subsection (b)(2) of this section’’. Subsec. (b)(3). Pub. L. 104–297, § 107(b)(1), (2), sub- stituted ‘‘paragraphs (2) and (5)’’ for ‘‘subsection (b)(2) of this section’’ and ‘‘Any term in which an individual was appointed to replace a member who left office dur- ing the term shall not be counted in determining the number of consecutive terms served by that Council member.’’ for ‘‘Any term completed prior to December 31, 1987, shall not be counted in determining the num- ber of consecutive terms served by any Council mem- ber.’’ Subsec. (b)(5), (6). Pub. L. 104–297, § 107(b)(3), added pars. (5) and (6) and struck out former par. (5) which read as follows: ‘‘The Secretary may remove for cause any member of a Council required to be appointed by the Secretary in accordance with subsection (b)(2) of this section if the Council concerned first recommends removal by not less than two-thirds of the members who are voting members. A removal recommendation of a Council must be in writing and accompanied by a statement of the reasons upon which the recommenda- tion is based.’’ Subsec. (d). Pub. L. 104–297, § 107(c), substituted ‘‘each Council who are required to be appointed by the Sec- retary and’’ for ‘‘each Council,’’ and ‘‘shall receive compensation at the daily rate for GS–15, step 7’’ for ‘‘shall, until January 1, 1992, receive compensation at the daily rate for GS–18 of the General Schedule, and after December 31, 1991, at the daily rate for GS–16’’. Subsec. (e)(5). Pub. L. 104–297, § 107(d), added par. (5). Subsec. (g)(4), (5). Pub. L. 104–297, § 107(e), added par. (4) and redesignated former par. (4) as (5). Subsec. (h)(1). Pub. L. 104–297, § 107(f)(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘prepare and submit to the Secretary a fishery man- agement plan with respect to each fishery (except as provided in section 1854(f)(3) of this title) within its geographical area of authority that requires conserva- tion and management and, from time to time, such amendments to each such plan as are necessary;’’. Subsec. (h)(2). Pub. L. 104–297, § 107(f)(2), substituted ‘‘section 1824(b)(4)(C) of this title or section 1824(d) of this title’’ for ‘‘section 1824(b)(4)(C) of this title’’ and ‘‘section 1854(c)(4)’’ for ‘‘section 1854(c)(2)’’. Subsec. (h)(5). Pub. L. 104–297, § 107(f)(3), substituted ‘‘subsection (a)(3)’’ for ‘‘1854(f)(3) of this title’’. Subsec. (i). Pub. L. 104–297, § 107(g), redesignated sub- sec. (j) as (i) and struck out heading and text of former subsec. (i). Text read as follows: ‘‘(1) Each Council— ‘‘(A) may comment on and make recommendations concerning any activity undertaken, or proposed to be undertaken, by any State or Federal agency that, in the view of the Council, may affect the habitat of a fishery resource under its jurisdiction; and ‘‘(B) shall comment on and make recommendations concerning any such activity that, in the view of the Council, is likely to substantially affect the habitat of an anadromous fishery resource under its jurisdic- tion. ‘‘(2) Within 45 days after receiving a comment or rec- ommendation under paragraph (1) from a Council, a Federal agency shall provide a detailed response, in writing, to the Council regarding the matter. In the case of a comment or recommendation under paragraph (1)(B), the response shall include a description of meas- ures being considered by the agency for mitigating or offsetting the impact of the activity on such habitat.’’ Subsec. (i)(1). Pub. L. 104–297, § 107(h)(1), substituted ‘‘established under subsection (g) of this section’’ for ‘‘of the Councils’’. Subsec. (i)(2). Pub. L. 104–297, § 107(h)(2), substituted ‘‘established under subsection (g) of this section’’ for ‘‘of a Council’’ in introductory provisions. Subsec. (i)(2)(C). Pub. L. 104–297, § 107(h)(3), (4), struck out ‘‘Council’s’’ after ‘‘fishing ports of the’’ and in- serted at end ‘‘The published agenda of the meeting may not be modified to include additional matters for Council action without public notice or within 14 days prior to the meeting date, unless such modification is to address an emergency action under section 1855(c) of this title, in which case public notice shall be given im- mediately.’’ Page 2066 TITLE 16—CONSERVATION § 1852 Subsec. (i)(2)(D). Pub. L. 104–297, § 107(h)(5), inserted at end ‘‘All written information submitted to a Council by an interested person shall include a statement of the source and date of such information. Any oral or writ- ten statement shall include a brief description of the background and interests of the person in the subject of the oral or written statement.’’ Subsec. (i)(2)(E). Pub. L. 104–297, § 107(h)(6), added sub- par. (E) and struck out former subpar. (E) which read as follows: ‘‘Minutes of each meeting shall be kept and shall contain a record of the persons present, an accu- rate description of matters discussed and conclusions reached, and copies of all statements filed.’’ Subsec. (i)(2)(F). Pub. L. 104–297, § 107(h)(7)–(9), struck out ‘‘by the Council’’ after ‘‘procedures established’’, substituted ‘‘section 1881a(b)’’ for ‘‘section 1853(d)’’, and inserted ‘‘or the Secretary, as appropriate’’ after ‘‘of the Council’’. Subsec. (i)(4). Pub. L. 104–297, § 107(h)(10), substituted ‘‘section 1881a(b)’’ for ‘‘section 1853(d)’’. Subsec. (j). Pub. L. 104–297, § 107(g), (i)(1), redesignated subsec. (k) as (j) and inserted ‘‘and recusal’’ at the end of subsection heading. Former subsec. (j) redesignated (i). Subsec. (j)(1). Pub. L. 104–297, § 107(i)(2), added par. (1) and struck out former par. (1) which read as follows: ‘‘For purposes of this subsection, the term ‘affected in- dividual’ means an individual who— ‘‘(A) is nominated by the Governor of a State for appointment as a voting member of a Council in ac- cordance with subsection (b)(2) of this section; ‘‘(B) is a voting member of a Council appointed under subsection (b)(2) of this section; or ‘‘(C) is the executive director of a Council.’’ Subsec. (j)(3)(A). Pub. L. 104–297, § 107(i)(3), sub- stituted ‘‘(1)(A)(i)’’ for ‘‘(1)(A)’’. Subsec. (j)(3)(B), (4). Pub. L. 104–297, § 107(i)(4), (5), substituted ‘‘(1)(A)(ii)’’ for ‘‘(1)(B) or (C)’’. Subsec. (j)(5)(C). Pub. L. 104–297, § 107(i)(6), added sub- par. (C). Subsec. (j)(6). Pub. L. 104–297, § 107(i)(7), substituted ‘‘(1)(A)(ii)’’ for ‘‘(1)(B) or (C)’’. Subsec. (j)(7). Pub. L. 104–297, § 107(i)(8), added par. (7). Former par. (7) redesignated (8). Subsec. (j)(8). Pub. L. 104–297, § 107(i)(9), substituted ‘‘(1)(A)(ii)’’ for ‘‘(1)(B) or (C)’’. Pub. L. 104–297, § 107(i)(8), redesignated par. (7) as (8). Subsec. (k). Pub. L. 104–297, § 107(g), redesignated sub- sec. (k) as (j). 1992—Subsec. (b)(3). Pub. L. 102–582 substituted ‘‘De- cember 31, 1987’’ for ‘‘January 1, 1986’’. 1990—Subsec. (a). Pub. L. 101–627, § 108(a), inserted ‘‘(except as provided in section 1854(f)(3) of this title)’’ before period at end of first sentence in pars. (1) to (5). Subsec. (b)(2). Pub. L. 101–627, § 108(b), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘(A) The members of each Council required to be ap- pointed by the Secretary must be individuals who are knowledgeable and experienced with regard to the con- servation and management, or the recreational or com- mercial harvest, of the fishery resources of the geo- graphical area concerned. The Secretary, in making ap- pointments under this section, shall, to the extent practicable, ensure a fair apportionment, on a rotating or other basis, of the active participants (or their rep- resentatives) involved in the fisheries under Council ju- risdiction. ‘‘(B) The Secretary shall appoint the members of each Council from a list of individuals submitted by the Governor of each applicable constituent State. A Gov- ernor may not submit the names of individuals to the Secretary for appointment unless the Governor has, to the extent practicable, first consulted with representa- tives of the commercial and recreational fishing inter- ests of the state regarding those individuals. Each such list shall include the names and pertinent biographical data of not less than three individuals for each applica- ble vacancy. The Secretary shall review each list sub- mitted by a Governor to ascertain if the individuals on the list are qualified for the vacancy on the basis of the required knowledge and experience required by sub- paragraph (A). If the Secretary determines that any in- dividual is not qualified, he shall notify the appropriate Governor of that determination. The Governor shall then submit a revised list or resubmit the original list with an additional explanation of the qualifications of the individual in question. An individual is not eligible for appointment by the Secretary until that individual complies with the applicable financial disclosure re- quirements under subsection (k) of this section. ‘‘(C) Whenever the Secretary makes an appointment to a Council, he shall make a public announcement of such appointment not less than 45 days before the first day on which the individual is to take office as a mem- ber of the Council.’’ Subsec. (b)(3). Pub. L. 101–627, § 108(c), inserted at end ‘‘No member appointed after January 1, 1986, may serve more than three consecutive terms. Any term com- pleted prior to January 1, 1986, shall not be counted in determining the number of consecutive terms served by any Council member.’’ Subsec. (d). Pub. L. 101–627, § 108(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘The voting members of each Council, who are not employed by the Federal Government or any State or local government, shall receive compensation at the daily rate for GS–18 of the General Schedule when en- gaged in the actual performance of duties for such Council. The voting members of each Council, any non- voting member described in subsection (c)(1)(C) of this section, and the nonvoting member appointed pursuant to subsection (c)(2) of this section shall be reimbursed for actual expenses incurred in the performance of such duties, and other nonvoting members may be reim- bursed for actual expenses.’’ Subsec. (e)(3). Pub. L. 101–627, § 108(e)(1), substituted ‘‘at appropriate times and places in any of the con- stituent States of the Council’’ for ‘‘in the geographical area concerned’’. Subsec. (e)(4). Pub. L. 101–627, § 108(e)(2), inserted at end ‘‘The regional director of the National Marine Fisheries Service serving on the Council, or the re- gional director’s designee, shall submit such a state- ment, which shall be made available to the public upon request, if the regional director disagrees with any such matter.’’ Subsec. (g)(3), (4). Pub. L. 101–627, § 108(f), added pars. (3) and (4). Subsec. (h). Pub. L. 101–627, § 108(g), inserted ‘‘(except as provided in section 1854(f)(3) of this title)’’ before ‘‘within its geographical’’ in pars. (1) and (5). Subsec. (i). Pub. L. 101–627, § 108(h), amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: ‘‘Each Council may comment on, or make rec- ommendations concerning, any activity undertaken, or proposed to be undertaken, by any State or Federal agency that, in the view of the Council, may affect the habitat of a fishery resource under its jurisdiction. Within 45 days after receiving such a comment or rec- ommendation from a Council, a Federal agency must provide a detailed response, in writing, to the Council regarding the matter.’’ Subsec. (j)(3)(A). Pub. L. 101–627, § 108(i)(1), sub- stituted period for semicolon in cl. (ii), and in con- cluding provisions struck out ‘‘and if any meeting or portion is closed, the Council, committee, or panel con- cerned shall publish notice of the closure in local news- papers in the major fishing ports within its region (and in other major, affected fishing ports), including the time and place of the meeting.’’ before ‘‘Subparagraphs (D) and (F)’’ and inserted ‘‘of paragraph (2)’’ after ‘‘Sub- paragraphs (D) and (F)’’. Subsec. (j)(3)(B). Pub. L. 101–627, § 108(i)(2), added sub- par. (B). Subsec. (j)(4). Pub. L. 101–627, § 120(c), substituted ‘‘Council employee’’ for ‘‘council employee’’. Subsec. (j)(6). Pub. L. 101–627, § 108(j), added par. (6). 1986—Subsec. (b)(2)(A). Pub. L. 99–659, § 104(a)(1)(A), amended subpar. (A) generally. Prior to amendment, Page 2067 TITLE 16—CONSERVATION § 1852 subpar. (A) read as follows: ‘‘The members of each Council required to be appointed by the Secretary must be individuals who are knowledgeable or experienced with regard to the management, conservation, or rec- reational or commercial harvest of the fishery re- sources of the geographical area concerned.’’ Subsec. (b)(2)(B). Pub. L. 99–659, § 104(a)(1)(B), inserted provision that a Governor may not submit the names of individuals to the Secretary for appointment unless the Governor has, to the extent practicable, first consulted with representatives of the commercial and rec- reational fishing interests of the state regarding those individuals, substituted ‘‘knowledge and experience’’ for ‘‘knowledge or experience’’, and inserted provision that an individual is not eligible for appointment by the Secretary until that individual complies with ap- plicable financial disclosure requirements under sub- sec. (k) of this section. Subsec. (b)(3). Pub. L. 99–659, § 104(a)(1)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘Each voting member appointed to a Council by the Secretary in accordance with subsection (b)(2) of this section shall serve for a term of 3 years; except that, with respect to the members initially so ap- pointed, the Secretary shall designate up to one-third thereof to serve for a term of 1 year, up to one-third thereof to serve for a term of 2 years, and the remain- ing such members to serve for a term of 3 years.’’ Subsec. (i). Pub. L. 99–659, § 104(b), added subsec. (i). Former subsec. (i) redesignated (j). Subsec. (j). Pub. L. 99–659, § 104(b)(1), redesignated former subsec. (i) as (j). Subsec. (j)(4). Pub. L. 99–659, § 104(c), substituted ‘‘; except that such procedures, in the case of statistics submitted to the Council by a State or by the Sec- retary under section 1853(d) of this title, must be con- sistent with the laws and regulations of that State, or with the procedures of the Secretary, as the case may be, concerning the confidentiality of the statistics’’ for ‘‘; except that such procedures must, in the case of sta- tistics submitted to the Council by a State, be con- sistent with the laws and regulations of that State con- cerning the confidentiality of such statistics’’. Subsec. (j)(5). Pub. L. 99–659, § 104(d), added par. (5). Subsec. (k). Pub. L. 99–659, § 104(e)(1), added subsec. (k). 1983—Subsec. (a)(1) to (7). Pub. L. 97–453, § 5(1)(A), sub- stituted ‘‘in accordance with subsection (b)(2)’’ for ‘‘pursuant to subsection (b)(1)(C)’’ wherever appearing. Subsec. (a)(8). Pub. L. 97–453, § 5(1)(B), substituted provision that the Western Pacific Fishery Manage- ment Council shall consist of the States of Hawaii, American Samoa, Guam, and the Northern Mariana Is- lands and shall have authority over the fisheries in the Pacific Ocean seaward of such States and of the Com- monwealths, territories, and possessions of the United States in the Pacific Ocean area, for provision that the Western Pacific Fishery Management Council would consist of the State of Hawaii, American Samoa, and Guam and have authority over the fisheries in the Pa- cific Ocean seaward of such States, and provision that the Western Pacific Council shall have 13 voting mem- bers, including 8 appointed by the Secretary in accord- ance with subsection (b)(2) of this section at least one of whom shall be appointed from each of Hawaii, Amer- ican Samoa, Guam, and the Northern Mariana Islands, for provision that the Western Pacific Council would have 11 voting members, including 7 appointed by the Secretary pursuant to former subsection (b)(1)(C) of this section (at least one of whom would be appointed from each such State). Subsec. (b)(1)(C). Pub. L. 97–453, § 5(2)(A), substituted reference to subsec. (b)(2) of this section for character- ization of the members to be appointed as members of a list of qualified individuals submitted by the Gov- ernor of each applicable constituent State, that with respect to initial appointments, such Governors submit such lists to the Secretary as soon as practicable, not later than 45 days after April 13, 1976, that ‘‘list of qualified individuals’’ included the names (including pertinent biographical data) of not less than three such individuals for each applicable vacancy, and that ‘‘qualified individual’’ meant an individual knowledge- able or experienced with regard to the management, conservation, or recreational or commercial harvest, of the fishery resources of the geographical area con- cerned. Subsec. (b)(2) to (5). Pub. L. 97–453, § 5(2)(B)–(E), added pars. (2) and (5), redesignated existing pars. (2) and (3) as (3) and (4), respectively, and in par. (3), as redesig- nated, substituted ‘‘by the Secretary in accordance with subsection (b)(2) of this section’’ for ‘‘pursuant to paragraph (1)(C)’’ after ‘‘appointed to a Council’’. Subsec. (f)(6). Pub. L. 97–453, § 5(3), inserted require- ment that the procedures of a Council and associated committees and panels be consistent with the proce- dural guidelines set forth in subsec. (i)(2). Subsec. (h)(1). Pub. L. 97–453, § 5(4)(A), inserted ‘‘that requires conservation and management’’ after ‘‘author- ity’’. Subsec. (h)(2). Pub. L. 97–453, § 5(4)(B), substituted ‘‘section 1824(b)(4)(C)’’ for ‘‘section 1824(b)(4)(B)’’. Subsec. (h)(3). Pub. L. 97–453, § 5(4)(C), inserted par- enthetical definition of ‘‘geographical area concerned’’. Subsec. (h)(4). Pub. L. 97–453, § 5(4)(D), struck out sub- par. (A) which provided for a report, before Feb. 1 of each year, on the Council’s activities during the imme- diately preceding calendar year, and struck out the subparagraph designators before subpars. (B) and (C). Subsec. (i). Pub. L. 97–453, § 5(5), added subsec. (i). 1980—Subsec. (d). Pub. L. 96–561 inserted provision that other nonvoting members may be reimbursed for actual expenses. 1978—Subsec. (h)(5). Pub. L. 95–354 inserted provisions relating to capacity and extent to which United States fish processors will process harvested fish. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–659, title I, § 104(a)(2), Nov. 14, 1986, 100 Stat. 3709, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall apply with respect to voting members of regional fishery manage- ment councils who are appointed, and to individuals who are nominated for appointment as voting mem- bers, on or after the date of the enactment of this Act [Nov. 14, 1986].’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treat- ed as referring to Committee on Resources of House of Representatives in case of provisions relating to fish- eries, wildlife, international fishing agreements, ma- rine affairs (including coastal zone management) ex- cept for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Page 2068 TITLE 16—CONSERVATION § 1853 1 So in original. Probably should be followed by ‘‘and’’. 2 So in original. The comma probably should be a semicolon. Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. OTHER FISHERIES Pub. L. 115–405, § 102(c), Dec. 31, 2018, 132 Stat. 5357, provided that: ‘‘Nothing in paragraph (8) of section 302(h) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)), as added by subsection (a), shall be construed to affect management of any fishery not described in such paragraph (8).’’ DISCLOSURE OF FINANCIAL INTEREST BY INCUMBENT VOTING MEMBERS AND EXECUTIVE DIRECTORS Pub. L. 99–659, title I, § 104(e)(2), Nov. 14, 1986, 100 Stat. 3711, provided that for purposes of applying sub- sec. (k) of this section to voting members and executive directors of regional fishery management councils who were serving in those capacities on date on which regu- lations prescribed to carry out subsec. (k) first took ef- fect, each such member or director must file a disclo- sure form under subsec. (k) within 45 days after that date. DIRECTIONS REGARDING FISHERY MANAGEMENT COUNCIL MEMBERSHIP Pub. L. 99–659, title I, § 113, Nov. 14, 1986, 100 Stat. 3715, provided that: ‘‘Notwithstanding section 302 of the Act (16 U.S.C. 1852) and effective on and after the date of the enactment of this Act [Nov. 14, 1986], the Sec- retary shall take action to ensure, to the extent prac- ticable, that those persons dependent for their liveli- hood upon the fisheries within the respective jurisdic- tions of the Regional Fishery Management Councils are fairly represented as voting members of the Councils.’’ § 1853. Contents of fishery management plans (a) Required provisions Any fishery management plan which is pre- pared by any Council, or by the Secretary, with respect to any fishery, shall— (1) contain the conservation and manage- ment measures, applicable to foreign fishing and fishing by vessels of the United States, which are— (A) necessary and appropriate for the con- servation and management of the fishery, to prevent overfishing and rebuild overfished stocks, and to protect, restore, and promote the long-term health and stability of the fishery; (B) described in this subsection or sub- section (b), or both; and (C) consistent with the national standards, the other provisions of this chapter, regula- tions implementing recommendations by international organizations in which the United States participates (including but not limited to closed areas, quotas, and size limits), and any other applicable law; (2) contain a description of the fishery, in- cluding, but not limited to, the number of ves- sels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the cost likely to be incurred in management, actual and potential revenues from the fishery, any recreational interests in the fishery, and the nature and extent of for- eign fishing and Indian treaty fishing rights, if any; (3) assess and specify the present and prob- able future condition of, and the maximum sustainable yield and optimum yield from, the fishery, and include a summary of the infor- mation utilized in making such specification; (4) assess and specify— (A) the capacity and the extent to which fishing vessels of the United States, on an annual basis, will harvest the optimum yield specified under paragraph (3), (B) the portion of such optimum yield which, on an annual basis, will not be har- vested by fishing vessels of the United States and can be made available for foreign fishing, and (C) the capacity and extent to which United States fish processors, on an annual basis, will process that portion of such opti- mum yield that will be harvested by fishing vessels of the United States; (5) specify the pertinent data which shall be submitted to the Secretary with respect to commercial, recreational,1 charter fishing, and fish processing in the fishery, including, but not limited to, information regarding the type and quantity of fishing gear used, catch by species in numbers of fish or weight thereof, areas in which fishing was engaged in, time of fishing, number of hauls, economic informa- tion necessary to meet the requirements of this chapter, and the estimated processing ca- pacity of, and the actual processing capacity utilized by, United States fish processors,2 (6) consider and provide for temporary ad- justments, after consultation with the Coast Guard and persons utilizing the fishery, re- garding access to the fishery for vessels other- wise prevented from harvesting because of weather or other ocean conditions affecting the safe conduct of the fishery; except that the adjustment shall not adversely affect con- servation efforts in other fisheries or discrimi- nate among participants in the affected fish- ery; (7) describe and identify essential fish habi- tat for the fishery based on the guidelines es- tablished by the Secretary under section 1855(b)(1)(A) of this title, minimize to the ex- tent practicable adverse effects on such habi- tat caused by fishing, and identify other ac- tions to encourage the conservation and en- hancement of such habitat; (8) in the case of a fishery management plan that, after January 1, 1991, is submitted to the Secretary for review under section 1854(a) of this title (including any plan for which an amendment is submitted to the Secretary for such review) or is prepared by the Secretary, assess and specify the nature and extent of sci- entific data which is needed for effective im- plementation of the plan; (9) include a fishery impact statement for the plan or amendment (in the case of a plan or amendment thereto submitted to or pre- pared by the Secretary after October 1, 1990) which shall assess, specify, and analyze the likely effects, if any, including the cumulative conservation, economic, and social impacts, of