Governing international fishery agreements
Foreign fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (other than a treaty) which meets the requirements of this subsection if such agreement becomes effective after application of section 1823 of this title
. Any such international fishery agreement shall hereafter in this chapter be referred to as a “governing international fishery agreement”. Each governing international fishery agreement shall acknowledge the exclusive fishery management authority of the United States, as set forth in this chapter. It is the sense of the Congress that each such agreement shall include a binding commitment, on the part of such foreign nation and its fishing vessels, to comply with the following terms and conditions:
The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by all regulations promulgated by the Secretary pursuant to this chapter, including any regulations promulgated to implement any applicable fishery management plan or any preliminary fishery management plan.
The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by the requirement that—
to board, and search or inspect, any such vessel at any time,
to make arrests and seizures provided for in section 1861(b) of this title
whenever such officer has reasonable cause to believe, as a result of such a search or inspection, that any such vessel or any person has committed an act prohibited by section 1857 of this title
the permit issued for any such vessel pursuant to section 1824 of this title
be prominently displayed in the wheelhouse of such vessel;
transponders, or such other appropriate position-fixing and identification equipment as the Secretary of the department in which the Coast Guard is operating determines to be appropriate, be installed and maintained in working order on each such vessel;
United States observers required under subsection (h) be permitted to be stationed aboard any such vessel and that all of the costs incurred incident to such stationing, including the costs of data editing and entry and observer monitoring, be paid for, in accordance with such subsection, by the owner or operator of the vessel;
agents be appointed and maintained within the United States who are authorized to receive and respond to any legal process issued in the United States with respect to such owner or operator; and
responsibility be assumed, in accordance with any requirements prescribed by the Secretary, for the reimbursement of United States citizens for any loss of, or damage to, their fishing vessels, fishing gear, or catch which is caused by any fishing vessel of that nation;
and will abide by any other monitoring, compliance, or enforcement requirement related to fishery conservation and management which is included in such agreement.
The foreign nation and the owners or operators of all of the fishing vessels of such nation shall not, in any year, harvest an amount of fish which exceeds such nation’s allocation of the total allowable level of foreign fishing, as determined under subsection (e).
The foreign nation will—
deliver promptly to the owner or operator of the appropriate fishing vessel any permit which is issued under that section for such vessel;
take, or refrain from taking, as appropriate, actions of the kind referred to in subsection (e)(1) in order to receive favorable allocations under such subsection.
Preliminary fishery management plans
The Secretary, when notified by the Secretary of State that any foreign nation has submitted an application under section 1824(b) of this title
shall prepare a preliminary fishery management plan for any fishery covered by such application if the Secretary determines that no fishery management plan for that fishery will be prepared and implemented, pursuant to subchapter IV, before March 1, 1977
. To the extent practicable, each such plan—
shall contain a preliminary description of the fishery and a preliminary determination as to—
the optimum yield from such fishery;
when appropriate, the capacity and extent to which United States fish processors will process that portion of such optimum yield that will be harvested by vessels of the United States; and
the total allowable level of foreign fishing with respect to such fishery;
shall require each foreign fishing vessel engaged or wishing to engage in such fishery to obtain a permit from the Secretary;
may, to the extent necessary to prevent irreversible effects from overfishing, with respect to such fishery, contain conservation and management measures applicable to foreign fishing which—
are determined to be necessary and appropriate for the conservation and management of such fishery,
are consistent with the national standards, the other provisions of this chapter, and other applicable law, and
are described in section 1853(b)(2), (3), (4), (5), and (7) of this title.
Each preliminary fishery management plan shall be in effect with respect to foreign fishing for which permits have been issued until a fishery management plan is prepared and implemented, pursuant to subchapter IV, with respect to such fishery. The Secretary may, in accordance with section 553 of title 5
, also prepare and promulgate interim regulations with respect to any such preliminary plan. Such regulations shall be in effect until regulations implementing the applicable fishery management plan are promulgated pursuant to section 1855 of this title
Full observer coverage program
Except as provided in paragraph (2), the Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel is engaged in fishing within the exclusive economic zone.
The Secretary shall by regulation prescribe minimum health and safety standards that shall be maintained aboard each foreign fishing vessel with regard to the facilities provided for the quartering of, and the carrying out of observer functions by, United States observers.
The requirement in paragraph (1) that a United States observer be placed aboard each foreign fishing vessel may be waived by the Secretary if he finds that—
in a situation where a fleet of harvesting vessels transfers its catch taken within the exclusive economic zone to another vessel, aboard which is a United States observer, the stationing of United States observers on only a portion of the harvesting vessel fleet will provide a representative sampling of the by-catch of the fleet that is sufficient for purposes of determining whether the requirements of the applicable management plans for the by-catch species are being complied with;
in a situation where the foreign fishing vessel is operating under a Pacific Insular Area fishing agreement, the Governor of the applicable Pacific Insular Area, in consultation with the Western Pacific Council, has established an observer coverage program or other monitoring program that the Secretary, in consultation with the Western Pacific Management Council, determines is adequate to monitor harvest, bycatch, and compliance with the laws of the United States by vessels fishing under the agreement;
the time during which a foreign fishing vessel will engage in fishing within the exclusive economic zone will be of such short duration that the placing of a United States observer aboard the vessel would be impractical; or
for reasons beyond the control of the Secretary, an observer is not available.
Observers, while stationed aboard foreign fishing vessels, shall carry out such scientific, compliance monitoring, and other functions as the Secretary deems necessary or appropriate to carry out the purposes of this chapter; and shall cooperate in carrying out such other scientific programs relating to the conservation and management of living resources as the Secretary deems appropriate.
In addition to any fee imposed under section 1824(b)(10) of this title
and section 1980(e) of title 22
with respect to foreign fishing for any year after 1980, the Secretary shall impose, with respect to each foreign fishing vessel for which a permit is issued under such section 1824 of this title
, a surcharge in an amount sufficient to cover all the costs of providing a United States observer aboard that vessel. The failure to pay any surcharge imposed under this paragraph shall be treated by the Secretary as a failure to pay the permit fee for such vessel under section 1824(b)(10) of this title
. All surcharges collected by the Secretary under this paragraph shall be deposited in the Foreign Fishing Observer Fund established by paragraph (5).
There is established in the Treasury of the United States the Foreign Fishing Observer Fund. The Fund shall be available to the Secretary as a revolving fund for the purpose of carrying out this subsection. The Fund shall consist of the surcharges deposited into it as required under paragraph (4). All payments made by the Secretary to carry out this subsection shall be paid from the Fund, only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of this subsection shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.
If at any time the requirement set forth in paragraph (1) cannot be met because of insufficient appropriations, the Secretary shall, in implementing a supplementary observer program:
certify as observers, for the purposes of this subsection, individuals who are citizens or nationals of the United States and who have the requisite education or experience to carry out the functions referred to in paragraph (3);
establish standards of conduct for certified observers equivalent to those applicable to Federal personnel;
establish a reasonable schedule of fees that certified observers or their agents shall be paid by the owners and operators of foreign fishing vessels for observer services; and
monitor the performance of observers to ensure that it meets the purposes of this chapter.
[Pub. L. 94–265, title II, § 201], Apr. 13, 1976, [90 Stat. 337]; [Pub. L. 95–354, § 4(1)]–(4), Aug. 28, 1978, [92 Stat. 519], 520; [Pub. L. 96–61, § 3(a)], Aug. 15, 1979, [93 Stat. 407]; [Pub. L. 96–118, § 5], Nov. 16, 1979, [93 Stat. 860]; Pub. L 96–561, title II, §§ 230, 231(a), 236, Dec. 22, 1980, [94 Stat. 3296], 3297, 3299; [Pub. L. 97–453, § 2(a)], Jan. 12, 1983, [96 Stat. 2481]; [Pub. L. 98–623, title IV, § 404(1)], (2), Nov. 8, 1984, [98 Stat. 3408]; [Pub. L. 99–386, title II, § 206(a)], Aug. 22, 1986, [100 Stat. 823]; [Pub. L. 99–659, title I], §§ 101(c)(2), 103(a), Nov. 14, 1986, [100 Stat. 3707], 3708; [Pub. L. 101–627, title I, § 104], Nov. 28, 1990, [104 Stat. 4439]; [Pub. L. 102–251, title III, § 301(d)], Mar. 9, 1992, [106 Stat. 63]; [Pub. L. 103–236, title I, § 139(24)], Apr. 30, 1994, [108 Stat. 399]; [Pub. L. 104–297, title I, § 105(a)], Oct. 11, 1996, [110 Stat. 3563]; [Pub. L. 109–479, § 5], title IV, § 404(a), Jan. 12, 2007, [120 Stat. 3578], 3632.)