§ 7007. Rulemaking

410 words·~2 min read·/usc/title-16/section-7007

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(a)Application with Magnuson-Stevens Act The Secretary shall establish the United States catch level for Pacific whiting according to the standards and procedures of the Agreement and this chapter rather than under the standards and procedures of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), except to the extent necessary to address the rebuilding needs of other species. Except for establishing the catch level, all other aspects of Pacific whiting management shall be—

(1)subject to the Magnuson-Stevens Fishery Conservation and Management Act; and

(2)consistent with this chapter.

(b)Joint management committee recommendations For any year in which both parties to the Agreement approve recommendations made by the joint management committee with respect to the catch level, the Secretary shall implement the approved recommendations. Any regulation promulgated by the Secretary to implement any such recommendation shall apply, as necessary, to all persons and all vessels subject to the jurisdiction of the United States wherever located.

(c)Years with no approved catch recommendations If the parties to the Agreement do not approve the joint management committee’s recommendation with respect to the catch level for any year, the Secretary shall establish the total allowable catch for Pacific whiting for the United States catch. In establishing the total allowable catch under this subsection, the Secretary shall—

(1)take into account any recommendations from the Pacific Fishery Management Council, the joint management committee, the joint technical committee, the scientific review group, and the advisory panel;

(2)base the total allowable catch on the best scientific information available;

(3)use the default harvest rate set out in paragraph 1 of Article III of the Agreement unless the Secretary determines that the scientific evidence demonstrates that a different rate is necessary to sustain the offshore whiting resource; and

(4)establish the United State’s 1 share of the total allowable catch based on paragraph 2 of Article III of the Agreement and make any adjustments necessary under section 5 of Article II of the Agreement.

(Pub. L. 109–479, title VI, § 608, Jan. 12, 2007, 120 Stat. 3647.)

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Cited by 2 sections

statutes-at-large

Public Law 109–479
To amend the Magnuson-Stevens Fishery Conservation and Management Act to authorize activities to promote improved monitoring and compliance for high seas fisheries, or fisheries governed by international fishery management agreements, and for other purposes

bill

Sec. 501
Technical amendments

Traces to 1 document

U.S. Code

Findings, purposes and policy
§ 1801

5 references not yet in our index

1
Pub. L. 109–479, title VI, § 608
120 Stat. 3647
Pub. L. 94–265
90 Stat. 331

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cites case law

§ 7007

Rulemaking

Bills×1

Stat.×1

U.S.C.§ 1801

Cite1

Pub. L.Pub. L. 109–479, title VI, § 608

Stat.120 Stat. 3647

Pub. L.Pub. L. 94–265

Stat.90 Stat. 331

Cites 6Cited by 2 across 2 sources