16 U.S.C. § 1855
The Secretary shall have general responsibility to carry out any fishery management plan or amendment approved or prepared by him, in accordance with the provisions of this chapter. The Secretary may promulgate such regulations, in accordance with section 553 of title 5, as may be necessary to discharge such responsibility or to carry out any other provision of this chapter.
The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.),1 the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Executive Order Numbered 12866, dated September 30, 1993, shall be complied with within the time limitations specified in subsections (a), (b), and (c) of section 1854 of this title as they apply to the functions of the Secretary under such provisions.
There is established the western Alaska community development quota program in order-
Except as provided in clause (ii), the annual percentage of the total allowable catch, guideline harvest level, or other annual catch limit allocated to the program in each directed fishery of the Bering Sea and Aleutian Islands shall be the percentage approved by the Secretary, or established by Federal law, as of March 1, 2006, for the program. The percentage for each fishery shall be either a directed fishing allowance or include both directed fishing and nontarget needs based on existing practice with respect to the program as of March 1, 2006, for each fishery.
Notwithstanding clause (i)-
The total allocation (directed and nontarget combined) for a fishery to which subclause (I) or (II) applies may not be exceeded.
Allocations to the program include all processing rights and any other rights and privileges associated with such allocations as of March 1, 2006.
The harvest of allocations under the program for fisheries with individual quotas or fishing cooperatives shall be regulated by the Secretary in a manner no more restrictive than for other participants in the applicable sector, including with respect to the harvest of nontarget species.
Each entity eligible to participate in the program shall be authorized under the program to harvest annually the same percentage of each species allocated to the program under subparagraph (B) that it was authorized by the Secretary to harvest of such species annually as of March 1, 2006, except to the extent that its allocation is adjusted under subparagraph (H). Such allocation shall include all processing rights and any other rights and privileges associated with such allocations as of March 1, 2006. Voluntary transfers by and among eligible entities shall be allowed, whether before or after harvesting. Notwithstanding the first sentence of this subparagraph, seven-tenths of one percent of the total allowable catch, guideline harvest level, or other annual catch limit, within the amount allocated to the program by subclause (I) or subclause (II) of subparagraph (B)(ii), shall be allocated among the eligible entities by the panel established in subparagraph (G), or allocated by the Secretary based on the nontarget needs of eligible entities in the absence of a panel decision.
The following villages shall be eligible to participate in the program through the following entities:
To be eligible to participate in the program, an entity referred to in subparagraph (D) shall meet the following requirements:
The entity shall be governed by a board of directors. At least 75 percent of the members of the board shall be resident fishermen from the entity's member villages. The board shall include at least one director selected by each such member village.
The entity shall elect a representative to serve on the panel established by subparagraph (G).
The entity may make up to 20 percent of its annual investments in any combination of the following:
The entity shall make the remainder percent of its annual investments in fisheries-related projects or for other purposes consistent with the practices of the entity prior to March 1, 2006.
Each year the entity, following approval by its board of directors and signed by its chief executive officer, shall submit a written statement to the Secretary and the State of Alaska that summarizes the purposes for which it made investments under clauses (iii) and (iv) during the preceding year.
The entity shall comply with any other requirements established by the panel under subparagraph (G).
The entity-
There is established a community development quota program panel.
The panel shall consist of 6 members. Each entity participating in the program shall select one member of the panel.
The panel shall-
The panel may act only by the affirmative vote of at least 5 of its members, except that any decision made pursuant to the last sentence of subparagraph (C) shall require the unanimous vote of all 6 members of the panel.
During calendar year 2012 and every 10 years thereafter, the State of Alaska shall evaluate the performance of each entity participating in the program based on the criteria described in clause (ii).
The panel shall establish a system to be applied under this subparagraph that allows each entity participating in the program to assign relative values to the following criteria to reflect the particular needs of its villages:
After the evaluation required by clause (i), the State of Alaska shall make a determination, on the record and after an opportunity for a hearing, with respect to the performance of each entity participating in the program for the criteria described in clause (ii). If the State determines that the entity has maintained or improved its overall performance with respect to the criteria, the allocation to such entity under the program shall be extended by the State for the next 10-year period. If the State determines that the entity has not maintained or improved its overall performance with respect to the criteria-
If the State or the Secretary reduces an entity's allocation under clause (iii), the reduction shall be reallocated among other entities participating in the program whose allocations are not reduced during the same period in proportion to each such entity's allocation of the applicable species under subparagraph (C).
Notwithstanding any other provision of law or regulation thereunder, the approval by the Secretary of a community development plan, or an amendment thereof, under the program is not required.
In this paragraph, the term "community development plan" means a plan, prepared by an entity referred to in subparagraph (D), for the program that describes how the entity intends-
but does not include a plan that allocates fishery resources to the program.
The Secretary shall establish a pilot program for regionally-based marine education and training programs in the Western Pacific and the Northern Pacific to foster understanding, practical use of knowledge (including native Hawaiian, Alaskan Native, and other Pacific Islander-based knowledge), and technical expertise relevant to stewardship of living marine resources. The Secretary shall, in cooperation with the Western Pacific and the North Pacific Regional Fishery Management Councils, regional educational institutions, and local Western Pacific and Northern Pacific community training entities, establish programs or projects that will improve communication, education, and training on marine resource issues throughout the region and increase scientific education for marine-related professions among coastal community residents, including indigenous Pacific islanders, Native Hawaiians, Alaskan Natives, and other underrepresented groups in the region.
The program shall-
Within 60 days after January 12, 2007, the Secretary of Commerce shall determine whether fishing in State waters-
If the Secretary makes a determination that such actions are not consistent with the plan, the Secretary shall, in consultation with the Council, and after notifying the affected State, develop and implement measures to cure the inconsistency pursuant to section 1856(b) of this title.
1See References in Text note below.
16 U.S.C. § 1855
EDITORIAL NOTES
REFERENCES IN TEXTThis 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 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.The Paperwork Reduction Act of 1980, referred to in subsec. (e), is Pub. L. 96-511, Dec. 11, 1980, 94 Stat. 2812, which was classified principally to chapter 35 (§3501 et seq.) of Title 44, Public Printing and Documents, prior to the general amendment of that chapter by Pub. L. 104-13, §2, May 22, 1995, 109 Stat. 163. For complete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 101 of Title 44 and Tables. The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), referred to in subsec. (e), is Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1164, which is classified generally to chapter 6 (§601 et seq.) of Title 5, Government Organization and Employees. For complete classification of the Act to the Code, see Short Title note set out under section 601 of Title 5 and Tables. Executive Order Numbered 12866, referred to in subsec. (e), is set out as a note under section 601 of Title 5, Government Organization and Employees.The Internal Revenue Code of 1986, referred to in subsec. (h)(3), is classified generally to Title 26, Internal Revenue Code.
AMENDMENTS2021-Subsec. (i)(1)(G)(iv). Pub. L. 116-283 amended cl. (iv) generally. Prior to amendment, text read as follows: "The panel may act only by unanimous vote of all 6 members of the panel and may not act if there is a vacancy in the membership of the panel." 2007-Subsec. (c)(3)(B). Pub. L. 109-479, §108(a), which directed substitution of "186 days," for "180 days," the second time appearing, was executed by making the substitution the only place that phrase appeared, to reflect the probable intent of Congress.Subsec. (c)(3)(D). Pub. L. 109-479, §108(b), inserted "or interim measures" after "emergency regulations". Subsec. (h)(1). Pub. L. 109-479, §3(d)(3), substituted "limited access privileges," for "individual fishing quotas," in introductory provisions.Subsec. (i)(1)(B)(ii). Pub. L. 109-479, §116(b)(1)(C), which directed insertion of "The total allocation (directed and nontarget combined) for a fishery to which subclause (I) or (II) applies may not be exceeded." after cl. (ii), was executed by making the insertion as concluding provisions of cl. (ii), to reflect the probable intent of Congress.Subsec. (i)(1)(B)(ii)(I). Pub. L. 109-479, §116(b)(1)(A), substituted "total allocation (directed and nontarget combined) of 10.7 percent effective January 1, 2008; and" for "directed fishing allocation of 10 percent upon the establishment of a quota program, fishing cooperative, sector allocation, or other rationalization program in any sector of the fishery; and".Subsec. (i)(1)(B)(ii)(II). Pub. L. 109-479, §116(b)(1)(B), substituted "total allocation (directed and nontarget combined) of 10.7 percent." for "directed fishing allocation of 10 percent."Subsec. (i)(1)(C). Pub. L. 109-479, §116(b)(1)(D), inserted at end "Voluntary transfers by and among eligible entities shall be allowed, whether before or after harvesting. Notwithstanding the first sentence of this subparagraph, seven-tenths of one percent of the total allowable catch, guideline harvest level, or other annual catch limit, within the amount allocated to the program by subclause (I) or subclause (II) of subparagraph (B)(ii), shall be allocated among the eligible entities by the panel established in subparagraph (G), or allocated by the Secretary based on the nontarget needs of eligible entities in the absence of a panel decision."Subsec. (j). Pub. L. 109-479, §109, added subsec. (j).Subsec. (k). Pub. L. 109-479, §110, added subsec. (k).2006-Subsec. (i)(1). Pub. L. 109-241 added par. (1) and struck out former par. (1) which related to the western Alaska community development quota program. 1996- Pub. L. 104-297, §110(a)(1), (3), substituted "Other requirements and authority" for "Implementation of fishery management plans" as section catchline. Subsec. (a). Pub. L. 104-297, §110(a)(1), (3), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "The Secretary shall promulgate each regulation that is necessary to carry out a plan or amendment- "(1) within 110 days after the plan or amendment was received by him for action under section 1854(a) of this title, if such plan or amendment takes effect under section 1854(b)(1) of this title;"(2) within 75 days after a revised plan or amendment was received by him under section 1854(b) of this title, if such plan or amendment takes effect under paragraph (3)(D) of such section; or "(3) within such time as he deems appropriate in the case of a plan or amendment prepared by him under section 1854(c) or (f)(3) of this title."Subsec. (b). Pub. L. 104-297, §110(a)(3), added subsec. (b). Former subsec. (b) redesignated (f).Subsec. (c). Pub. L. 104-297, §110(b)(1), inserted "and interim measures" after "actions" in heading.Subsec. (c)(1). Pub. L. 104-297, §110(b)(2)(C), which directed insertion of "or overfishing" after "emergency", was executed by making the insertion after "the emergency" to reflect the probable intent of Congress. Pub. L. 104-297, §110(b)(2)(A), (B), substituted "or that interim measures are needed to reduce overfishing for" for "involving" and inserted "or interim measures" after "emergency regulations".Subsec. (c)(2). Pub. L. 104-297, §110(b)(2)(C), which directed insertion of "or overfishing" after "emergency", was executed by making the insertion after "the emergency" in subpars. (A) and (B) to reflect the probable intent of Congress. Pub. L. 104-297, §110(b)(2)(A), (B), substituted "or that interim measures are needed to reduce overfishing for" for "involving" in introductory provisions and inserted "or interim measures" after "emergency regulations" in subpars. (A) and (B).Subsec. (c)(3). Pub. L. 104-297, §110(b)(3)(A), inserted "or interim measure" after "emergency regulation" in two places in introductory provisions.Subsec. (c)(3)(B). Pub. L. 104-297, §110(b)(3)(B), (D), added subpar. (B) and struck out former subpar. (B) which read as follows: "shall remain in effect for not more than 90 days after the date of such publication, except that any such regulation may, by agreement of the Secretary and the Council, be promulgated for one additional period of not more than 90 days; and". Subsec. (c)(3)(C). Pub. L. 104-297, §110(b)(3)(D), added subpar. (C). Former subpar. (C) redesignated (D).Subsec. (c)(3)(D). Pub. L. 104-297, §110(b)(3)(C), redesignated subpar. (C) as (D). Subsec. (e). Pub. L. 104-297, §110(c), substituted "12866, dated September 30, 1993," for "12291, dated February 17, 1981," and "subsections (a), (b), and (c) of section 1854 of this title" for "subsection (c) of this section or section 1854(a) and (b) of this title".Subsec. (f). Pub. L. 104-297, §110(a)(2), redesignated subsec. (b) as (f).Subsecs. (g), (h). Pub. L. 104-297, §110(d), added subsecs. (g) and (h).Subsec. (i). Pub. L. 104-297, §111(a), added subsec. (i). 1990-Subsec. (a). Pub. L. 101-627, §§110(b)(2), 111, redesignated subsec. (c) as (a) and substituted "section 1854(c) or (f)(3)" for "section 1854(c)".Subsec. (b). Pub. L. 101-627, §111(a)(1)(A), (b), redesignated subsec. (d) as (b) and amended it generally. Prior to amendment, subsec. (b) read as follows: "Regulations promulgated by the Secretary under this chapter shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 of title 5, if a petition for such review is filed within 30 days after the date on which the regulations are promulgated; except that (1) section 705 of such title is not applicable, and (2) the appropriate court shall only set aside any such regulation on a ground specified in section 706(2)(A), (B), (C), or (D) of such title." Subsecs. (c) to (e), (g), (h). Pub. L. 101-627, §111(a)(1), redesignated subsecs. (e), (g), and (h) as (c), (d), and (e), respectively.1983-Subsec. (a). Pub. L. 97-453, §8(1), struck out subsec. (a) which had provided that, as soon as practicable after the Secretary approved pursuant to section 1854(a) and (b) of this title any fishery management plan or amendment or prepared pursuant to section 1854(c) of this title any fishery management plan or amendment, the Secretary was to publish a notice of availability of such plan or amendment and any regulations which he proposed to promulgate to implement such plan or amendment in the Federal Register, and that interested persons were to be afforded a period of not less than 45 days after such publication within which to submit in writing data, views, or comments on the plan or amendment, and on the proposed regulations.Subsec. (b). Pub. L. 97-453, §8(1), struck out subsec. (b) which had provided that the Secretary might schedule a hearing, in accordance with section 553 of title 5, on any fishery management plan, any amendment to any such plan, any regulations to implement any such plan or amendment and that if any such hearing was scheduled, the Secretary could postpone the effective date of the regulations proposed to implement such plan or amendment, or take such other action as he deemed appropriate to preserve the rights or status of any person, pending its outcome. Subsec. (c). Pub. L. 97-453, §8(2), substituted provision that the Secretary shall promulgate each regulation that is necessary to carry out a plan or amendment within 110 days after the plan or amendment was received by him for action under section 1854(a) of this title if such plan or amendment takes effect under section 1854(b)(1) of this title, within 75 days after a revised plan or amendment was received by him under section 1854(b) of this title if such plan or amendment takes effect under paragraph (3)(D) of such section, or within such time as he deems appropriate in the case of a plan or amendment prepared by him under section 1854(c) of this title, for provision that the Secretary promulgate regulations to implement any fishery management plan or any amendment to any such plan after consideration of all relevant matters presented to him during the 45-day period referred to in former subsection (a) of this section and produced in any hearing held under former subsection (b) of this section if he found the plan or amendment consistent with the national standards, the other provisions of this chapter, and any other applicable law, and that to the extent practicable, such regulation be put into effect in a manner not disruptive of the regular fishing season for any fishery.Subsec. (e). Pub. L. 97-453, §8(3), substituted provision that if the Secretary finds that an emergency exists involving any fishery, he may promulgate emergency regulations necessary to address the emergency, without regard to whether a fishery management plan exists for such fishery, that if a Council finds that an emergency exists involving any fishery within its jurisdiction, whether or not a fishery management plan exists for such fishery, the Secretary shall promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by unanimous vote of the members who are voting members, requests the taking of such action, and the Secretary may promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by less than a unanimous vote, requests the taking of such action, for provision that if the Secretary found that an emergency involving any fishery resources existed, he could promulgate emergency regulations, without regard to former subsections (a) and (c) of this section, to implement any fishery management plan, if required, or promulgate emergency regulations to amend any regulation implementing any existing fishery management plan, to the extent required by such emergency, lengthened from 45 days to 90 days the maximum period that emergency regulations may remain in effect after publication in the Federal Register and the maximum additional period for which such regulations may be promulgated, and inserted a provision that emergency regulations promulgated under par. (2) may only be terminated early upon the agreement of the Secretary and the Council concerned. Subsec. (f). Pub. L. 97-453, §8(4), struck out subsec. (f) which had directed the Secretary to report to the Congress and the President, not later than March 1 of each year, on all activities of the Councils and the Secretary with respect to fishery management plans, regulations to implement such plans, and all other activities relating to the conservation and management of fishery resources undertaken under this chapter during the preceding calendar year.Subsec. (h). Pub. L. 97-453, §8(5), added subsec. (h). 1980-Subsec. (a). Pub. L. 96-561 inserted "a notice of availability of" after "Federal Register (A)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 109-479, title I, §116(b)(2), Jan. 12, 2007, 120 Stat. 3606, provided that: "The allocation percentage in subclause (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by paragraph (1) of this subsection, shall be in effect in 2007 with respect to any sector of a fishery to which such subclause applies and in which a fishing cooperative is established in 2007, and such sector's 2007 allocation shall be reduced by a pro rata amount to accomplish such increased allocation to the program. For purposes of section 305(i)(1) of that Act [16 U.S.C. 1855(i)(1)] and of this subsection [amending this section], the term 'fishing cooperative' means a fishing cooperative whether or not authorized by a fishery management council or Federal agency, if a majority of the participants in the sector are participants in the fishing cooperative."
TERMINATION OF ADMINISTRATIVE CONFERENCE OF UNITED STATESFor termination of Administrative Conference of United States, see provision of title IV of Pub. L. 104-52 set out as a note preceding section 591 of Title 5, Government Organization and Employees.
NO INTERRUPTION OF EXISTING ALLOCATIONS Pub. L. 109-241, title IV, §416(b), July 11, 2006, 120 Stat. 545, provided that: "The amendment made by subsection (a) [amending this section] shall not be construed or implemented in a way that causes any interruption in the allocations of fishery resources to the western Alaska community development quota program or in the opportunity of an entity participating in that program to harvest its share of such allocations."
ELIGIBILITY TO PARTICIPATE IN WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM Pub. L. 109-59, title X, §102060206,, 119 Stat. 1934, provided that: "A community shall be eligible to participate in the western Alaska community development quota program established under section 305(i) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)) if the community- "(1) is listed in table 7 to part 679 of title 50, Code of Federal Regulations, as in effect on March 8, 2004; or"(2) was determined to be eligible to participate in such program by the National Marine Fisheries Service on April 19, 1999."
COMMUNITY DEVELOPMENT QUOTA REPORT Pub. L. 104-297, title I, §108(h), Oct. 11, 1996, 110 Stat. 3580, provided that not later than Oct. 1, 1998, the National Academy of Sciences would submit to the Secretary of Commerce and Congress a comprehensive report on the performance and effectiveness of the community development quota programs under the authority of the North Pacific and Western Pacific Councils, with specified evaluations and recommendations.
REGISTRY TRANSITION FOR LIMITED ACCESS SYSTEM PERMITS Pub. L. 104-297, title I, §110(e), Oct. 11, 1996, 110 Stat. 3592, 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, provided that: "Security interests on permits described under section 305(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1855(h)(1)], as amended by this Act, that are effective and perfected by otherwise applicable law on the date of the final regulations implementing section 305(h) shall remain effective and perfected if, within 120 days after such date, the secured party submits evidence satisfactory to the Secretary of Commerce and in compliance with such regulations of the perfection of such security."
WESTERN PACIFIC DEMONSTRATION PROJECTS Pub. L. 104-297, title I, §111(b), Oct. 11, 1996, 110 Stat. 3594, 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; Pub. L. 106-554, §1(a)(4) [div. B, title I, §144(g)], Dec. 21, 2000, 114 Stat. 2763, 2763A-250; Pub. L. 106-555, title II, §206, Dec. 21, 2000, 114 Stat. 2770; Pub. L. 109-479, title II, §207, Jan. 12, 2007, 120 Stat. 3615, provided that:"(1) The Secretary of Commerce is authorized to make direct grants to eligible western Pacific communities, as recommended by the Western Pacific Fishery Management Council, for the purpose of establishing fishery demonstration projects to foster and promote traditional indigenous fishing practices. There are authorized to be appropriated to carry out this section [amending this section and enacting this note] $500,000 for each fiscal year. "(2) Demonstration projects funded pursuant to this subsection shall foster and promote the involvement of western Pacific communities in western Pacific fisheries and may-"(A) identify and apply traditional indigenous fishing practices; "(B) develop or enhance western Pacific community-based fishing opportunities; and "(C) involve research, community education, or the acquisition of materials and equipment necessary to carry out any such demonstration project."(3)(A) The Western Pacific Fishery Management Council, in consultation with the Secretary of Commerce, shall establish an advisory panel under section 302(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(g)) to evaluate, determine the relative merits of, and annually rank applications for such grants. The panel shall consist of not more than 8 individuals who are knowledgeable or experienced in traditional indigenous fishery practices of western Pacific communities and who are not members or employees of the Western Pacific Fishery Management Council."(B) If the Secretary of Commerce or the Secretary of the Interior awards a grant for a demonstration project not in accordance with the rank given to such project by the advisory panel, the Secretary shall provide a detailed written explanation of the reasons therefor."(4) The Western Pacific Fishery Management Council shall, with the assistance of such advisory panel, submit an annual report to the Congress assessing the status and progress of demonstration projects carried out under this subsection."(5) Appropriate Federal agencies may provide technical assistance to western Pacific community-based entities to assist in carrying out demonstration projects under this subsection."(6) In this subsection the term 'Western Pacific community' means a community eligible to participate under section 305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(2)(B)(i) through (iv))."
- Council
- The term "Council" means any Regional Fishery Management Council established under section 1852 of this title.
- Secretary
- The term "Secretary" means the Secretary of Commerce or his designee.
- State
- The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States.
- conservation and management
- The term "conservation and management" refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that-(i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis;(ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and(iii) there will be a multiplicity of options available with respect to future uses of these resources.
- essential fish habitat
- The term "essential fish habitat" means those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity.
- fish
- The term "fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.
- fishery resource
- The term "fishery resource" means any fishery, any stock of fish, any species of fish, and any habitat of fish.
- fishery
- The term "fishery" means-(A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and(B) any fishing for such stocks.
- fishing
- The term "fishing" means-(A) the catching, taking, or harvesting of fish;(B) the attempted catching, taking, or harvesting of fish;(C) any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or(D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C).Such term does not include any scientific research activity which is conducted by a scientific research vessel.
- limited access system
- The term "limited access system" means a system that limits participation in a fishery to those satisfying certain eligibility criteria or requirements contained in a fishery management plan or associated regulation.
- national standards
- The term "national standards" means the national standards for fishery conservation and management set forth in section 1851 of this title.
- observer
- The term "observer" means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits under this chapter.
- person
- The term "person" means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government.
- recreational fishing
- The term "recreational fishing" means fishing for sport or pleasure.
- overfishing
- The terms "overfishing" and "overfished" mean a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis.