§ 1851. National standards for fishery conservation and management
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/usc/title-16/section-1851A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general Any fishery management plan prepared, and any regulation promulgated to implement any such plan, pursuant to this subchapter shall be consistent with the following national standards for fishery conservation and management:
(1)Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.
(2)Conservation and management measures shall be based upon the best scientific information available.
(3)To the extent practicable, an individual stock of fish shall be managed as a unit throughout its range, and interrelated stocks of fish shall be managed as a unit or in close coordination.
(4)Conservation and management measures shall not discriminate between residents of different States. If it becomes necessary to allocate or assign fishing privileges among various United States fishermen, such allocation shall be
(A)fair and equitable to all such fishermen;
(B)reasonably calculated to promote conservation; and
(C)carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges.
(5)Conservation and management measures shall, where practicable, consider efficiency in the utilization of fishery resources; except that no such measure shall have economic allocation as its sole purpose.
(6)Conservation and management measures shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches.
(7)Conservation and management measures shall, where practicable, minimize costs and avoid unnecessary duplication.
(8)Conservation and management measures shall, consistent with the conservation requirements of this chapter (including the prevention of overfishing and rebuilding of overfished stocks), take into account the importance of fishery resources to fishing communities by utilizing economic and social data that meet the requirements of paragraph (2), in order to
(A)provide for the sustained participation of such communities, and
(B)to the extent practicable, minimize adverse economic impacts on such communities.
(9)Conservation and management measures shall, to the extent practicable,
(A)minimize bycatch and
(B)to the extent bycatch cannot be avoided, minimize the mortality of such bycatch.
(10)Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea.
(b)Guidelines The Secretary shall establish advisory guidelines (which shall not have the force and effect of law), based on the national standards, to assist in the development of fishery management plans.
(Pub. L. 94–265, title III, § 301, Apr. 13, 1976, 90 Stat. 346; Pub. L. 97–453, § 4, Jan. 12, 1983, 96 Stat. 2484; Pub. L. 98–623, title IV, § 404(3), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 104–297, title I, § 106, Oct. 11, 1996, 110 Stat. 3570; Pub. L. 109–479, title I, § 101(a), Jan. 12, 2007, 120 Stat. 3579.)
Connections585 cite this · traces to 25
Cited by 585 sections · top 60
U.S. Code
- § 1801Findings, purposes and policy
- § 1802Definitions
- § 1854Action by Secretary
- § 1851National standards for fishery conservation and management
- § 1853Contents of fishery management plans
- § 5101Findings and purpose
- § 1434Procedures for designation and implementation
- § 1853aLimited access privilege programs
- § 1881cFisheries research
- § 5103State-Federal cooperation in Atlantic coastal fishery management
- § 12113Fishery endorsement
- § 757aAnadromous, Great Lakes, and Lake Champlain fisheries
- § 5151Findings and purposes
- § 1143Grants
- § 3343Construction with fishery conservation and management provisions
- § 5158Protection of striped bass in the exclusive economic zone
- § 5107bTransition to management of American lobster fishery by Commission
public-private-law
- Public Law 116-283William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
- Public Law 115-31Consolidated Appropriations Act, 2017
- Public Law 115-282Frank LoBiondo Coast Guard Authorization Act of 2018
- Public Law 116-340Direct Enhancement of Snapper Conservation and the Economy through Novel Devices Act of 2020
- Public Law 115-405Modernizing Recreational Fisheries Management Act of 2018
- Public Law 116-289Young Fishermen’s Development Act
statutes-at-large
- Public Law 104–133To amend the Indian Self-Determination and Education Assistance Act to extend for two months the authority for promulgating regulations under the Act
- Public Law 102–567To authorize appropriations for the National Oceanic and Atmospheric Administration, and for other purposes
- Public Law 97–453To improve fishery conservation and management
- Public Law 98–613To provide for the conservation and management of Atlantic striped bass, and for other purposes
- Public LawMaking appropriations for the fiscal year ending September 30, 2017, and for other purposes
- Public Law 101–627To authorize appropriations to carry out the Magnuson Fishery Conservation and Management Act through fiscal year 1993, and for other purposes
- Public Law 111–348To amend the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act to improve the conservation of sharks
register
- NoticesAdvance notice of proposed rulemaking; request for comments
- Proposed RulesFinal rule; interim final rule; administrative withdrawal
- NoticesTemporary final rule
- Proposed RulesProposed rule; request for comments
- Proposed RulesProposed rule; request for comments
- NoticesFinal rule
- Proposed RulesFinal rule; fishing season notification
- Rules and RegulationsFinal rule
- NoticesDEPARTMENT OF COMMERCE
- NoticesDEPARTMENT OF COMMERCE
- Proposed RulesProposed rule, request for comments
- NoticesNotice of information collection, request for comment
- Rules and RegulationsFinal rule
- NoticesFinal rule
- NoticesProposed rule; request for comments
- NoticesFinal rule
- NoticesSemiannual regulatory agenda
- Rules and RegulationsFinal rule; harvest specifications and closures
- NoticesTemporary rule; emergency action; request for comments
- Proposed RulesProposed rule; request for comments
- Proposed RulesProposed rule; request for comments
- Rules and RegulationsTemporary final rule
- Rules and RegulationsProposed rule; request for comments
- NoticesNotice of availability of the final Atlantic shark fishery review (SHARE) document
Traces to 25 documents
U.S. Code
- Findings, purposes and policy§ 1801
- Repealed. Pub. L. 105–146, § 3(a), Dec. 16, 1997, 111 Stat. 2677§ 757g
- National Wildlife Refuge System§ 668dd
- Civil penalties and permit sanctions§ 1858
- Other requirements and authority§ 1855
- National standards for fishery conservation and management§ 1851
- Limited access privilege programs§ 1853a
- Action by Secretary§ 1854
- Regional Fishery Management Councils§ 1852
- Congressional findings and declaration of purposes and policy§ 1531
- Congressional findings and declaration of policy§ 1601
- Prohibited acts§ 1857
- Fisheries financing and capacity reduction§ 53735
- Transition to sustainable fisheries§ 1861a
- Definitions§ 1802
- Authority to extend duration of vessel certificates§ 12108
- Fishery endorsement§ 12113
- Fishing industry; associations authorized; “aquatic products” defined; marketing agencies; requirements§ 521
- Information collection§ 1881a
- Contents of fishery management plans§ 1853
- Adjudications§ 554
- Preferred mortgages§ 31322
74 references not yet in our index
- Pub. L. 94–265, title III, § 301
- 90 Stat. 346
- Pub. L. 97–453, § 4
- 96 Stat. 2484
- Pub. L. 98–623, title IV, § 404(3)
- 98 Stat. 3408
- Pub. L. 104–297, title I, § 106
- 110 Stat. 3570
- Pub. L. 109–479, title I, § 101(a)
- 120 Stat. 3579
- Pub. L. 94–265
- 90 Stat. 331
- Pub. L. 109–479
- Pub. L. 104–297, § 106(a)
- Pub. L. 104–297, § 106(b)
- Pub. L. 98–623
- Pub. L. 97–453
- Pub. L. 105–146, § 1
- 111 Stat. 2672
- 131 Stat. 191
- 129 Stat. 2295
- Pub. L. 111–335
- 124 Stat. 3583
- Public Law 108–447
- 118 Stat. 2886
- Pub. L. 108–199, div. B, title VIII, § 802
- 118 Stat. 110
- Pub. L. 109–479, title II, § 218
- 120 Stat. 3621
- Pub. L. 106–554, § 1(a)(4) [div. A, § 209]
- 114 Stat. 2763
- Pub. L. 105–277, div. A, § 101(b) [title VI, § 617]
- 112 Stat. 2681–50
- Pub. L. 106–31, title III, § 3025
- 113 Stat. 100
- 134 Stat. 4735
- Public Law 105–277
- Pub. L. 108–199, div. B, title VIII, § 803
- Pub. L. 105–277, div. C, title II
- 112 Stat. 2681–621
+ 34 more
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§ 1851
National standards for fishery conservation and management
Fed. Reg.×263
Bills×167
Stat.×95
U.S.C.×27
Stat. Comp.×22
Pub. L.×9
C.F.R.×2
Pub. L.Pub. L. 94–265, title III, § 301
Stat.90 Stat. 346
Pub. L.Pub. L. 97–453, § 4
Cites 99 · showing 12Cited by 585 across 7 sources