16 U.S.C. 1852: Regional Fishery Management Councils

2022

• Pub. L. 117–286 substituted "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.)". Law text · (i)

2018

• Pub. L. 115–405 added par. (8) and redesignated former par. (8) as (9). Law text · (h), (9)

2007

• Pub. L. 109–479, §102, inserted "and of commonwealths, territories, and possessions of the United States in the Caribbean Sea" after "seaward of such States". (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (a)
• Pub. L. 109–479, §103(j), added subpar. (D) and redesignated former subpar. (D) as (E). (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (b), (E)
• Pub. L. 109–479, §103(a), added subpar. (D). (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (b)
• Pub. L. 109–479, §103(b)(1), substituted "Committees and advisory panels" for "Committees and panels" in heading. (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (g)
• Pub. L. 109–479, §103(b)(1), added par. (1) and struck out former par. (1) which read as follows: "Each Council shall establish and maintain, and appoint the members of, a scientific and statistical committee to assist it in the development, collection, and evaluation of such statis… (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (g)
• Pub. L. 109–479, §103(b)(2), (3), struck out "other" before "advisory panels" and realigned margins. (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (g)
• Pub. L. 109–479, §103(b)(3), realigned margins. (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (g)
• Pub. L. 109–479, §103(c)(1), which directed substitution of "authority;" for "authority, and", was executed by making the substitution for "authority; and" to reflect the probable intent of Congress. (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (h)
• Pub. L. 109–479, §103(c)(3), added par. (6). Former par. (6) redesignated (7). (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (h)
• Pub. L. 109–479, §103(d)(1), (3), added par. (7). Former par. (7) redesignated (8). (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (h)
• Pub. L. 109–479, §103(c)(2), redesignated par. (6) as (7). (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (h)
• Pub. L. 109–479, §103(d)(2), redesignated par. (7) as (8). (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (h)
• Pub. L. 109–479, §103(h)(1), substituted "to the Councils, the Council coordination committee established under subsection (l), or to the scientific and statistical committees or other committees or advisory panels established under subsection (g)." for "to the Councils or to the sc… (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (i)
• Pub. L. 109–479, §103(h)(2), in introductory provisions, substituted "of a Council, of the Council coordination committee established under subsection (l), and of the scientific and statistical committees or other committees or advisory panels established under subsection (g):" for … (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (i)
• Pub. L. 109–479, §103(e), substituted "provided by any means that will result in wide publicity in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery), except that e-mail notification and website postings alone… (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (i)
• Pub. L. 109–479, §103(h)(3), (4), in introductory provisions, inserted "the Council Coordination Committee established under subsection (l)," after "Council," and "other committees," after "committee,". (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (i)
• Pub. L. 109–479, §103(f), which directed substitution of "provide notice by any means that will result in wide publicity in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery), except that e-mail notification a… (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (i)
• Pub. L. 109–479, §103(i)(1), (2), in concluding provisions, inserted "lobbying, advocacy," after "processing," and substituted "jurisdiction, or with respect to an individual or organization with a financial interest in such activity." for "jurisdiction." (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (j)
• Pub. L. 109–479, §103(i)(3), added subpar. (B) and struck out former subpar. (B) which read as follows: "be kept on file, and made available for public inspection at reasonable hours, at the Council offices; and". (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (j)
• Pub. L. 109–479, §103(i)(4), added par. (9). (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (j)
• Pub. L. 109–479, §103(g), added subsecs. (k) and (l). (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (k), (l)

1999

• Pub. L. 106–113 substituted "18" for "17" and "12" for "11". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (a)

1996

• Pub. L. 104–297, §107(a)(1), (2), (6), inserted "(1)" before "There shall be established", redesignated former pars. (1) to (8) as subpars. (A) to (H), respectively, adjusted margin of last sentence, and inserted "(2)" before "Each Council". (Sustainable Fisheries Act) Law text · (a)
• Pub. L. 104–297, §107(a)(3), substituted "paragraph (3)" for "section 1854(f)(3) of this title". (Sustainable Fisheries Act) Law text · (a)
• Pub. L. 104–297, §107(a)(3), (4), substituted "Virginia, and North Carolina" for "and Virginia", inserted "North Carolina, and" after "except", and substituted "paragraph (3)" for "section 1854(f)(3) of this title", "21 voting" for "19 voting", and "13 appointed" for "12 appointe… (Sustainable Fisheries Act) Law text · (a)
• Pub. L. 104–297, §107(a)(3), substituted "paragraph (3)" for "section 1854(f)(3) of this title". (Sustainable Fisheries Act) Law text · (a)
• Pub. L. 104–297, §107(a)(5), amended heading and text of subpar. (F) generally. Prior to amendment, text read as follows: "The Pacific Fishery Management Council shall consist of the States of California, Oregon, Washington, and Idaho and shall have authority over the fisheries i… (Sustainable Fisheries Act) Law text · (a)
• Pub. L. 104–297, §107(a)(7), added par. (3). (Sustainable Fisheries Act) Law text · (a)
• Pub. L. 104–297, §107(b)(1), substituted "paragraphs (2) and (5)" for "subsection (b)(2) of this section". (Sustainable Fisheries Act) Law text · (b)
• Pub. L. 104–297, §107(b)(1), (2), substituted "paragraphs (2) and (5)" for "subsection (b)(2) of this section" and "Any term in which an individual was appointed to replace a member who left office during the term shall not be counted in determining the number of consecutive terms s… (Sustainable Fisheries Act) Law text · (b)
• Pub. L. 104–297, §107(b)(3), added pars. (5) and (6) and struck out former par. (5) which read as follows: "The Secretary may remove for cause any member of a Council required to be appointed by the Secretary in accordance with subsection (b)(2) of this section if the Council c… (Sustainable Fisheries Act) Law text · (b), (6)
• Pub. L. 104–297, §107(c), substituted "each Council who are required to be appointed by the Secretary and" for "each Council," and "shall receive compensation at the daily rate for GS–15, step 7" for "shall, until January 1, 1992, receive compensation at the daily rate for GS–18 of the… (Sustainable Fisheries Act) Law text · (d)
• Pub. L. 104–297, §107(d), added par. (5). (Sustainable Fisheries Act) Law text · (e)
• Pub. L. 104–297, §107(e), added par. (4) and redesignated former par. (4) as (5). (Sustainable Fisheries Act) Law text · (g), (5)
• Pub. L. 104–297, §107(f)(1), added par. (1) and struck out former par. (1) which read as follows: "prepare and submit to the Secretary a fishery management plan with respect to each fishery (except as provided in section 1854(f)(3) of this title) within its geographical area of auth… (Sustainable Fisheries Act) Law text · (h)
• Pub. L. 104–297, §107(f)(2), substituted "section 1824(b)(4)(C) of this title or section 1824(d) of this title" for "section 1824(b)(4)(C) of this title" and "section 1854(c)(4)" for "section 1854(c)(2)". (Sustainable Fisheries Act) Law text · (h)
• Pub. L. 104–297, §107(f)(3), substituted "subsection (a)(3)" for "1854(f)(3) of this title". (Sustainable Fisheries Act) Law text · (h)
• Pub. L. 104–297, §107(g), redesignated subsec. (j) as (i) and struck out heading and text of former subsec. (i). Text read as follows: (Sustainable Fisheries Act) Law text · (i)
• Pub. L. 104–297, §107(h)(1), substituted "established under subsection (g) of this section" for "of the Councils". (Sustainable Fisheries Act) Law text · (i)
• Pub. L. 104–297, §107(h)(2), substituted "established under subsection (g) of this section" for "of a Council" in introductory provisions. (Sustainable Fisheries Act) Law text · (i)
• Pub. L. 104–297, §107(h)(3), (4), struck out "Council's" after "fishing ports of the" and inserted at end "The published agenda of the meeting may not be modified to include additional matters for Council action without public notice or within 14 days prior to the meeting date, u… (Sustainable Fisheries Act) Law text · (i)
• Pub. L. 104–297, §107(h)(5), inserted at end "All written information submitted to a Council by an interested person shall include a statement of the source and date of such information. Any oral or written statement shall include a brief description of the background and interes… (Sustainable Fisheries Act) Law text · (i)
• Pub. L. 104–297, §107(h)(6), added subpar. (E) and struck out former subpar. (E) which read as follows: "Minutes of each meeting shall be kept and shall contain a record of the persons present, an accurate description of matters discussed and conclusions reached, and copies of al… (Sustainable Fisheries Act) Law text · (i)
• Pub. L. 104–297, §107(h)(7)–(9), struck out "by the Council" after "procedures established", substituted "section 1881a(b)" for "section 1853(d)", and inserted "or the Secretary, as appropriate" after "of the Council". (Sustainable Fisheries Act) Law text · (i)
• Pub. L. 104–297, §107(h)(10), substituted "section 1881a(b)" for "section 1853(d)". (Sustainable Fisheries Act) Law text · (i)
• Pub. L. 104–297, §107(g), (i)(1), redesignated subsec. (k) as (j) and inserted "and recusal" at the end of subsection heading. Former subsec. (j) redesignated (i). (Sustainable Fisheries Act) Law text · (j)
• Pub. L. 104–297, §107(i)(2), added par. (1) and struck out former par. (1) which read as follows: "For purposes of this subsection, the term 'affected individual' means an individual who— (Sustainable Fisheries Act) Law text · (j)
• Pub. L. 104–297, §107(i)(3), substituted "(1)(A)(i)" for "(1)(A)". (Sustainable Fisheries Act) Law text · (j)
• Pub. L. 104–297, §107(i)(4), (5), substituted "(1)(A)(ii)" for "(1)(B) or (C)". (Sustainable Fisheries Act) Law text · (j), (4)
• Pub. L. 104–297, §107(i)(6), added subpar. (C). (Sustainable Fisheries Act) Law text · (j)
• Pub. L. 104–297, §107(i)(7), substituted "(1)(A)(ii)" for "(1)(B) or (C)". (Sustainable Fisheries Act) Law text · (j)
• Pub. L. 104–297, §107(i)(8), added par. (7). Former par. (7) redesignated (8). (Sustainable Fisheries Act) Law text · (j)
• Pub. L. 104–297, §107(i)(9), substituted "(1)(A)(ii)" for "(1)(B) or (C)". (Sustainable Fisheries Act) Law text · (j)
• Pub. L. 104–297, §107(i)(8), redesignated par. (7) as (8). (Sustainable Fisheries Act) Law text · (j)
• Pub. L. 104–297, §107(g), redesignated subsec. (k) as (j). (Sustainable Fisheries Act) Law text · (k)

1992

• Pub. L. 102–582 substituted "December 31, 1987" for "January 1, 1986". · (b)

1990

• Pub. L. 101–627, §108(a), inserted "(except as provided in section 1854(f)(3) of this title)" before period at end of first sentence in pars. (1) to (5). · (a)
• Pub. L. 101–627, §108(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: · (b)
• Pub. L. 101–627, §108(c), inserted at end "No member appointed after January 1, 1986, may serve more than three consecutive terms. Any term completed prior to January 1, 1986, shall not be counted in determining the number of consecutive terms served by any Council member." · (b)
• Pub. L. 101–627, §108(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "The voting members of each Council, who are not employed by the Federal Government or any State or local government, shall receive compensation at the daily rate for GS–18 of the … · (d)
• Pub. L. 101–627, §108(e)(1), substituted "at appropriate times and places in any of the constituent States of the Council" for "in the geographical area concerned". · (e)
• Pub. L. 101–627, §108(e)(2), inserted at end "The regional director of the National Marine Fisheries Service serving on the Council, or the regional director's designee, shall submit such a statement, which shall be made available to the public upon request, if the regional director… · (e)
• Pub. L. 101–627, §108(f), added pars. (3) and (4). · (g), (4)
• Pub. L. 101–627, §108(g), inserted "(except as provided in section 1854(f)(3) of this title)" before "within its geographical" in pars. (1) and (5). · (h)
• Pub. L. 101–627, §108(h), amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: "Each Council may comment on, or make recommendations concerning, any activity undertaken, or proposed to be undertaken, by any State or Federal agency that, in the view of the Cou… · (i)
• Pub. L. 101–627, §108(i)(1), substituted period for semicolon in cl. (ii), and in concluding provisions struck out "and if any meeting or portion is closed, the Council, committee, or panel concerned shall publish notice of the closure in local newspapers in the major fishing por… · (j)
• Pub. L. 101–627, §108(i)(2), added subpar. (B). · (j)
• Pub. L. 101–627, §120(c), substituted "Council employee" for "council employee". · (j)
• Pub. L. 101–627, §108(j), added par. (6). · (j)

1986

• Pub. L. 99–659, §104(a)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "The members of each Council required to be appointed by the Secretary must be individuals who are knowledgeable or experienced with regard to the management, conservati… · (b)
• Pub. L. 99–659, §104(a)(1)(B), inserted provision that a Governor may not submit the names of individuals to the Secretary for appointment unless the Governor has, to the extent practicable, first consulted with representatives of the commercial and recreational fishing interests… · (b)
• Pub. L. 99–659, §104(a)(1)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "Each voting member appointed to a Council by the Secretary in accordance with subsection (b)(2) of this section shall serve for a term of 3 years; except that, with respect to t… · (b)
• Pub. L. 99–659, §104(b), added subsec. (i). Former subsec. (i) redesignated (j). · (i)
• Pub. L. 99–659, §104(b)(1), redesignated former subsec. (i) as (j). · (j)
• Pub. L. 99–659, §104(c), substituted "; except that such procedures, in the case of statistics submitted to the Council by a State or by the Secretary under section 1853(d) of this title, must be consistent with the laws and regulations of that State, or with the procedures of the S… · (j)
• Pub. L. 99–659, §104(d), added par. (5). · (j)
• Pub. L. 99–659, §104(e)(1), added subsec. (k). · (k)

1983

• Pub. L. 97–453, §5(1)(A), substituted "in accordance with subsection (b)(2)" for "pursuant to subsection (b)(1)(C)" wherever appearing. · (a)
• Pub. L. 97–453, §5(1)(B), substituted provision that the Western Pacific Fishery Management Council shall consist of the States of Hawaii, American Samoa, Guam, and the Northern Mariana Islands and shall have authority over the fisheries in the Pacific Ocean seaward of such States a… · (a)
• Pub. L. 97–453, §5(2)(A), substituted reference to subsec. (b)(2) of this section for characterization of the members to be appointed as members of a list of qualified individuals submitted by the Governor of each applicable constituent State, that with respect to initial appoint… · (b)
• Pub. L. 97–453, §5(2)(B)–(E), added pars. (2) and (5), redesignated existing pars. (2) and (3) as (3) and (4), respectively, and in par. (3), as redesignated, substituted "by the Secretary in accordance with subsection (b)(2) of this section" for "pursuant to paragraph (1)(C)… · (b)
• Pub. L. 97–453, §5(3), inserted requirement that the procedures of a Council and associated committees and panels be consistent with the procedural guidelines set forth in subsec. (i)(2). · (f)
• Pub. L. 97–453, §5(4)(A), inserted "that requires conservation and management" after "authority". · (h)
• Pub. L. 97–453, §5(4)(B), substituted "section 1824(b)(4)(C)" for "section 1824(b)(4)(B)". · (h)
• Pub. L. 97–453, §5(4)(C), inserted parenthetical definition of "geographical area concerned". · (h)
• Pub. L. 97–453, §5(4)(D), struck out subpar. (A) which provided for a report, before Feb. 1 of each year, on the Council's activities during the immediately preceding calendar year, and struck out the subparagraph designators before subpars. (B) and (C). · (h)
• Pub. L. 97–453, §5(5), added subsec. (i). · (i)

1980

• Pub. L. 96–561 inserted provision that other nonvoting members may be reimbursed for actual expenses. · (d)

1978

• Pub. L. 95–354 inserted provisions relating to capacity and extent to which United States fish processors will process harvested fish. · (h)