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mortality of such stocks as a direct result of shrimp trawl fishing activities;

(B) an assessment of the status and condition of such stocks, including collection of information which would allow the estimation of life history parameters with sufficient accuracy and precision to support sound scientific evaluation of the effects of various management alternatives on the status of such stocks; and

(C) a program of data collection and evaluation for such stocks on the magnitude and distribution of fishing mortality and fishing effort by sources of fishing mortality other than shrimp trawl fishing activity.

(4) The Secretary shall, in cooperation with affected interests, commence a program to design, and evaluate the efficacy of, technologiIcal devices and other changes in fishing technology for the reduction of incidental mortality of nontarget fishery resources in the course of shrimp trawl fishing activity. Such program shall take into account local conditions and include evaluation of any reduction in incidental mortality, as well as any reduction or increase in the retention of shrimp in the course of normal fishing activity.

(5) The Secretary shall, upon completion of the programs required by this subsection, submit a detailed report on the results of such programs to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives.

(6)(A) Except as provided in this paragraph, the Secretary may not implement any measures under this chapter to reduce incidental mortality of nontarget fishery resources in the course of shrimp trawl fishing which would restrict the period during which shrimp are harvested or would require the use of any technological device or other change in fishing technology. (B) The prohibition contained in subparagraph (A) shall cease on April 1, 1994.

(C) This paragraph does not apply to any law or regulation in effect on November 28, 1990, nor does it limit in any way the Secretary's authority to take action, including any limitation on entry permitted by this chapter, for the conservation and management of the shrimp fishery resource.

(Pub. L. 94-265, title III, § 304, Apr. 13, 1976, 90 Stat. 352; Pub. L. 97-453, § 7(a), Jan. 12, 1983, 96 Stat. 2487; Pub. L. 99-659, title I, § 106, Nov. 14, 1986, 100 Stat. 3712; Pub. L. 101-627, title I, §§ 110(a), (b)(1), (c), 111(a)(2), 120(d), Nov. 28, 1990, 104 Stat. 4449-4452, 4459; Pub. L. 102-567, title III, § 303, Oct. 29, 1992, 106 Stat. 4283; Pub. L. 103-206, title VII, § 702, Dec. 20, 1993, 107 Stat. 2446.)

AMENDMENTS

1993-Subsec. (g)(6)(B). Pub. L. 103-206 substituted "April 1, 1994" for "January 1, 1994".

1992-Subsec. (e)(1). Pub. L. 102-567 added par. (1). Former par. (1) redesignated (2).

Subsec. (e)(2). Pub. L. 102-567 redesignated par. (1) as (2) and substituted "(3)" for "(2)" in subpar. (A). Former par. (2) redesignated (3).

Subsec. (e)(3). Pub. L. 102-567 redesignated par. (2) as (3) and substituted "(2)" for "(1)" in introductory provisions. Former par. (3) redesignated (4).

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§ 111(a)(2)(A), (B), substituted "section 1855(a)" for "section 1855(c)".

Subsec. (c)(2)(B). Pub. L. 101-627, § 120(d), substituted "appropriate Council" for "appropriate council". Pub. L. 101-627, § 111(a)(2)(C), substituted "section 1855(a)" for "section 1855(c)".

Subsec. (e). Pub. L. 101-627, § 110(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this chapter. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management and on the economics of the fisheries, including, but not limited to, biological research concerning the interdependence of fisheries or stocks of fish, the impact of pollution on fish, the impact of wetland and estuarine degradation, and other matters bearing upon the abundance and availability of fish. The Secretary shall annually review and update the comprehensive program and make the results of the review and update available to the Councils."

Subsec. (f). Pub. L. 101-627, § 110(b)(1), in heading substituted "Fisheries under authority of more than one Council" for "Miscellaneous duties", in par. (1) substituted "Except as provided in paragraph (3), if” for "If", and added par. (3).

Subsec. (g). Pub. L. 101-627, § 110(c), added subsec. (g).

1986-Subsec. (a)(1). Pub. L. 99-659, § 106(1)(A), struck out "(the date of receipt of which is hereafter in this section referred to as the 'receipt date')" after "by a Council" in introductory provisions.

Subsec. (a)(1)(A), (B). Pub. L. 99-659, § 106(1)(B), (C), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.

Subsec. (a)(1)(C). Pub. L. 99-659, § 106(1)(B), (D), redesignated former subpar. (B) as (C) and substituted "60-day" for “75-day”. Former subpar. (C) redesignated (D).

Subsec. (a)(1)(D). Pub. L. 99-659, § 106(1)(B), (E), redesignated former subpar. (C) as (D) and substituted "15th day" for "30th day".

Subsec. (a)(2). Pub. L. 99-659, § 106(1)(F), substituted "paragraph (1)(B)" for "paragraph (1)(A)" in introductory provisions and inserted "and to fishery access adjustments referred to in section 1853(a)(6) of this title" in subpar. (C).

Subsec. (a)(3). Pub. L. 99-659, § 106(1)(G), added par. (3).

Subsec. (b)(1)(A). Pub. L. 99-659, § 106(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the Secretary does not notify the Council in writing of his disapproval, or partial disapproval, under paragraph (2), of the plan or amendment before the close of the 95th day after the receipt date; or".

Subsec. (b)(1)(B). Pub. L. 99-659, § 106(2)(B), substituted "60th day" for "75th day".

Subsec. (b)(2). Pub. L. 99-659, § 106(2)(C), substituted "paragraph (1)(B)" for "paragraph (1)(A)” in introductory provisions.

Subsec. (b)(3)(A). Pub. L. 99-659, § 106(2)(D)(i), inserted "disapproves a proposed plan or amendment under subsection (a)(1)(A)(ii) of this section, or".

Subsec. (b)(3)(B)(i), (C)(i). Pub. L. 99-659, § 106(2)(D)(ii), substituted "subsection (a)(1)(B)" for "subsection (a)(1)(A)”.

Subsec. (c)(2)(A)(ii). Pub. L. 99-659, § 106(3)(A), substituted "60-day" for "75-day".

Subsec. (c)(2)(A)(iii). Pub. L. 99-659, § 106(3)(B), substituted "15th day" for "30th day".

Subsec. (c)(2)(B). Pub. L. 99-659, § 106(3)(C), substituted "60-day" for "75-day" in two places.

Subsec. (e). Pub. L. 99-659, § 106(4), inserted ", in cooperation with the Councils,", "and on the economics of the fisheries", and "The Secretary shall annually review and update the comprehensive program and make the results of the review and update available to the Councils."

1983-Subsec. (a). Pub. L. 97-453, § 7(a)(1), amended subsec. (a) generally, which had provided that within 60 days after the Secretary received any fishery management plan, or any amendment to any such plan, which was prepared by any Council, the Secretary was to review such plan or amendment pursuant to subsection (b) of this section, notify such Council in writing of his approval, disapproval, or partial disapproval of such plan or amendment, and that in the case of disapproval or partial disapproval, the Secretary was to include in such notification a statement and explanation of the Secretary's objections and the reasons therefor, suggestions for improvement, a request to such Council to change such plan or amendment to satisfy the objections, and a request to resubmit the plan or amendment, as so modified, to the Secretary within 45 days after the date on which the Council received such notification.

Subsec. (b). Pub. L. 97-453, § 7(a)(1), amended subsec. (b) generally, which had provided that the Secretary was to review any fishery management plan, and any amendment to any such plan, prepared by any Council and submitted to him to determine whether it was consistent with the national standards, the other provisions of this chapter, and any other applicable law, and that in carrying out such review, the Secretary was to consult with the Secretary of State with respect to foreign fishing, and the Secretary of the department in which the Coast Guard was operating with respect to enforcement at sea.

Subsec. (c)(1). Pub. L. 97-453, § 7(a)(2)(A), in subpar. (B) substituted "or disapproves a revised plan or amendment, and the Council involved fails to submit a revised or further revised plan or amendment, as the case may be" for "and the Council involved fails to change such plan or amendment in accordance with the notification made under subsection (a)(2) of this section", and added to the provisions following subpar. (B) a requirement that the Secretary also prepare such proposed regulations as he deems necessary or appropriate to carry out each plan or amendment prepared by him under this paragraph.

Subsec. (c)(2). Pub. L. 97-453, § 7(a)(2)(B), amended par. (2) generally, which had provided that whenever, pursuant to paragraph (1), the Secretary prepared a fishery management plan or amendment, the Secretary was to promptly transmit such plan or amendment to the appropriate Council for consideration and comment, that within 45 days after the date of receipt of such plan or amendment, the appropriate Council could recommend, to the Secretary, changes in such plan or amendment, consistent with the national standards, the other provisions of this chapter, and any other applicable law, and that after the expiration of such 45-day period, the Secretary could implement such plan or amendment pursuant to section 1855 of this title.

Subsec. (d). Pub. L. 97-453, § 7(a)(3), inserted provisions relating to agreements with the States for the administration of the permit system and the permissible accrual to the States of fees collected under the system.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 7(b) of Pub. L. 97-453 provided that: "The amendments made by subsection (a) (amending this section] shall only apply with respect to fishery management plans and amendments thereto that are initially submitted to the Secretary of Commerce on or after the date of the enactment of this Act [Jan. 12, 1983] for action under section 304 [this section]."

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction given primarily to Committee on Transportation and Infrastructure of House of Representatives, and remainder of jurisdiction given to Committees on National Security and on Resources of House of Representatives, by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

INTERIM MANAGEMENT OF HIGHLY MIGRATORY SPECIES FISHERIES

Section 108(k) of Pub. L. 101-627 provided that: "Notwithstanding the amendments made by subsections (a) and (g) [amending section 1852 of this title], any fishery management plan or amendment which"(1) addresses a highly migratory species fishery to which section 304(f)(3) of the Magnuson Fishery Conservation and Management Act [16 U.S.C. 1854(f)(3)] (as amended by this Act) applies,

"(2) was prepared by one or more Regional Fishery Management Councils, and

"(3) was in force and effect on January 1, 1990, shall remain in force and effect until superseded by a fishery management plan prepared by the Secretary, and regulations implementing that plan."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1852, 1853, 1855 of this title.

§ 1855. Implementation of fishery management plans (a) Implementation

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.

(b) Judicial review

(1) Regulations promulgated by the Secretary under this chapter and actions described in paragraph (2) 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 or the action is published in the Federal Register, as applicable; except that—

(A) section 705 of such title is not applicable, and

(B) the appropriate court shall only set aside any such regulation or action on a ground specified in section 706(2)(A), (B), (C), or (D) of such title.

(2) The actions referred to in paragraph (1) are actions that are taken by the Secretary under regulations which implement a fishery management plan, including but not limited to

actions that establish the date of closure of a fishery to commercial or recreational fishing.

(3)(A) Notwithstanding any other provision of law, the Secretary shall file a response to any petition filed in accordance with paragraph (1), not later than 45 days after the date the Secretary is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the Secretary of good cause for that extension.

(B) A response of the Secretary under this paragraph shall include a copy of the administrative record for the regulations that are the subject of the petition.

(4) Upon a motion by the person who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date and shall expedite the matter in every possible way.

(c) Emergency actions

(1) 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.

(2) 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

(A) 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

(B) 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.

(3) Any emergency regulation which changes any existing fishery management plan or amendment shall be treated as an amendment to such plan for the period in which such regulation is in effect. Any emergency regulation promulgated under this subsection

(A) shall be published in the Federal Register together with the reasons therefor;

(B) 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

(C) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termination, except for emergency regulations promulgated under paragraph (2) in which case such early termination may be made only upon the agreement of the Secretary and the Council concerned. (d) Responsibility of Secretary

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 regula

tions, 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.

(e) Effect of certain laws on certain time requirements

The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Executive Order Numbered 12291, dated February 17, 1981, shall be complied with within the time limitations specified in subsection (c) of this section or section 1854(a) and (b) of this title as they apply to the functions of the Secretary under such provisions.

(Pub. L. 94-265, title III, § 305, Apr. 13, 1976, 90 Stat. 354; Pub. L. 96-561, title II, § 235, Dec. 22, 1980, 94 Stat. 3299; Pub. L. 97-453, § 8, Jan. 12, 1983, 96 Stat. 2490; Pub. L. 101-627, title I, §§ 110(b)(2), 111(a)(1), (b), Nov. 28, 1990, 104 Stat. 4451, 4452.)

REFERENCES IN TEXT

The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), referred to in subsec. (e), is Pub. L. 96-511, Dec. 11, 1980, 94 Stat. 2812, as amended, which is classified principally to chapter 35 (§ 3501 et seq.) of Title 44, Public Printing and Documents. 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 12291, referred to in subsec. (e), was formerly set out as a note under section 601 of Title 5 and was revoked by Ex. Ord. No. 12866, § 11, Sept. 30, 1993, 58 F.R. 51735.

AMENDMENTS

1990-Subsec. (a). Pub. L. 101-627, §§ 110(b)(2), 111(a)(1)(A), 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 regu. lations 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 com

ments 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)”.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1821, 1853, 1854 of this title.

§ 1856. State jurisdiction

(a) In general

(1) Except as provided in subsection (b) of this section, nothing in this chapter shall be construed as extending or diminishing the jurisdiction or authority of any State within its boundaries.

(2) For the purposes of this chapter, except as provided in subsection (b) of this section, the jurisdiction and authority of a State shall extend

(A) to any pocket of waters that is adjacent to the State and totally enclosed by lines delimiting the territorial sea of the United States pursuant to the Geneva Convention on the Territorial Sea and Contiguous Zone or any successor convention to which the United States is a party;

(B) with respect to the body of water commonly known as Nantucket Sound, to the pocket of water west of the seventieth meridian west of Greenwich; and

(C) to the waters of southeastern Alaska (for the purpose of regulating fishing for other than any species of crab) that are—

(i) north of the line representing the international boundary at Dixon Entrance and the westward extension of that line; east of 138 degrees west longitude; and not more than three nautical miles seaward from the coast, from the lines extending from headland to headland across all bays, inlets, straits, passes, sounds, and entrances, and from any island or group of islands, including the islands of the Alexander Archipelago (except Forrester Island); or

(ii) between the islands referred to in clause (i) (except Forrester Island) and the mainland.

(3) Except as otherwise provided by paragraph (2), a State may not directly or indirectly regulate any fishing vessel outside its boundaries, unless the vessel is registered under the law of that State.

(b) Exception

(1) If the Secretary finds, after notice and an opportunity for a hearing in accordance with section 554 of title 5, that—

(A) the fishing in a fishery, which is covered by a fishery management plan implemented under this chapter, is engaged in predominately within the exclusive economic zone and beyond such zone; and

(B) any State has taken any action, or omitted to take any action, the results of which will substantially and adversely affect the carrying out of such fishery management plan;

the Secretary shall promptly notify such State and the appropriate Council of such finding and of his intention to regulate the applicable

fishery within the boundaries of such State (other than its internal waters), pursuant to such fishery management plan and the regulations promulgated to implement such plan.

(2) If the Secretary, pursuant to this subsection, assumes responsibility for the regulation of any fishery, the State involved may at any time thereafter apply to the Secretary for reinstatement of its authority over such fishery. If the Secretary finds that the reasons for which he assumed such regulation no longer prevail, he shall promptly terminate such regulation. (c) Exception regarding foreign fish processing in internal waters

(1) A foreign fishing vessel may engage in fish processing within the internal waters of a State if, and only if—

(A) the vessel is qualified for purposes of this paragraph pursuant to paragraph (4)(C); and

(B) the owner or operator of the vessel applies to the Governor of the State for, and (subject to paragraph (2)) is granted, permission for the vessel to engage in such processing and the application specifies the species to be processed.

(2) The Governor of a State may not grant permission for a foreign fishing vessel to engage in fish processing under paragraph (1)—

(A) for a fishery which occurs in the waters of more than one State or in the exclusive economic zone, except after

(i) consulting with the appropriate Council and Marine Fisheries Commission, and (ii) considering any comments received from the Governor of any other State where the fishery occurs; and

(B) if the Governor determines that fish processors within the State have adequate capacity, and will utilize such capacity, to process all of the United States harvested fish from the fishery concerned that are landed in the State.

(3) Nothing in this subsection may be construed as relieving a foreign fishing vessel from the duty to comply with all applicable Federal and State laws while operating within the internal waters of a State incident to permission obtained under paragraph (1)(B).

(4) For purposes of this subsection—

(A) The term "fish processing" includes, in addition to processing, the performance of any other activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, or transportation.

(B) The phrase "internal waters of a State" means all waters within the boundaries of a State except those seaward of the baseline from which the territorial sea is measured.

(C) A foreign fishing vessel shall be treated as qualified for purposes of paragraph (1) if the foreign nation under which it is flagged will be a party to (i) a governing international fishery agreement or (ii) a treaty described in section 1821(b) of this title during the time the vessel will engage in the fish processing for which permission is sought under paragraph (1)(B).

(Pub. L. 94-265, title III, § 306, Apr. 13, 1976, 90 Stat. 355; Pub. L. 97-191, § 1, June 1, 1982, 96

Stat. 107; Pub. L. 97-453, § 9, Jan. 12, 1983, 96 Stat. 2491; Pub. L. 98-623, title IV, § 404(4), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 99-659, title I, § 101(c)(2), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101-627, title I, § 112, Nov. 28, 1990, 104 Stat. 4453.)

AMENDMENTS

1990-Subsec. (c)(1)(B). Pub. L. 101-627, § 112(1), inserted before period at end “and the application specifies the species to be processed".

Subsec. (c)(2). Pub. L. 101-627, § 112(2), added par. (2) and struck out former par. (2) which read as follows: "The Governor of a State may not grant permission for a foreign fishing vessel to engage in fish processing under paragraph (1)(B) if he determines that fish processors within the State have adequate capacity, and will utilize such capacity, to process all of the United States harvested fish from the fishery concerned that are landed in the State."

1986-Subsec. (b)(1)(A). Pub. L. 99-659 substituted "exclusive economic zone" for "fishery conservation zone".

1984-Subsec. (a). Pub. L. 98-623 designated existing provisions as pars. (1) to (3), in par. (2), as so designated, redesignated cls. (1) and (2) as subpars. (A) and (B), respectively, and added subpar. (C), and in par. (3), as so designated, inserted exception relating to par. (2).

1983-Subsec. (a). Pub. L. 97-453 inserted provision delineating the jurisdiction and authority of a State over waters adjacent to the State and over Nantucket Sound.

1982-Subsec. (c). Pub. L. 97-191 added subsec. (c).

EFFECTIVE DATE OF 1982 AmendmenT

Section 3 of Pub. L. 97-191 provided that: "This Act [amending this section and section 1857 of this title] shall take effect on June 1, 1982."

FOREIGN FISH PROCESSING IN NORTON SOUND Pub. L. 99-509, title V, § 5004, Oct. 21, 1986, 100 Stat. 1912, provided that: "For purposes of processing pink salmon within the internal waters of the State of Alaska, the geographic area bounded on the north by a parallel of latitude of 64 degrees, 23 minutes, on the south by a parallel of latitude of 63 degrees, 51 minutes, on the east by the baseline from which the territorial sea is measured, and on the west by the outer limit of the territorial sea, shall be considered to be internal waters of the State of Alaska for the purposes of section 306(c)(4)(B) of the Fishery Conservation and Management Act (16 U.S.C. 1856(c)(4)(B)) until September 30, 1993."

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