The law › Title 16, Conservation › Chapter 38
16 U.S.C. 1854: Action by Secretary
Created in 1976 by Public Law 94-265. Changed by 7 later laws. No bill we track in this Congress changes it.
7 other sections of the Code cite this one, including 16 U.S.C. 1821, 16 U.S.C. 1852, 16 U.S.C. 1853, 16 U.S.C. 1853a, 16 U.S.C. 1855.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2007
- Pub. L. 109–479, §3(d)(2)(A), substituted "limited access privilege" for "individual fishing quota". (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (c)
- Pub. L. 109–479, §106(b), substituted "management, data collection, and enforcement" for "management and enforcement" in introductory provisions. (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (d)
- Pub. L. 109–479, §3(d)(2)(B), substituted "limited access privilege" for "individual fishing quota". (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (d)
- Pub. L. 109–479, §106(d), substituted "section 1855(h)(5)(B) of this title." for "section 1855(h)(5)(B) of this title, except that the portion of any such fees reserved under section 1853(d)(4)(A) of this title shall be deposited in the Treasury and available, subject to annua… (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (d)
- Pub. L. 109–479, §104(c)(1), (2), substituted "2 years after" for "one year of" and inserted "and implement" after "prepare" in introductory provisions. (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (e)
- Pub. L. 109–479, §104(c)(3), inserted "immediately" after "overfishing". (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (e)
- Pub. L. 109–479, §104(c)(4), struck out "ending overfishing and" before "rebuilding" in introductory provisions. (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (e)
- Pub. L. 109–479, §104(c)(5), substituted "2-year" for "one-year". (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (e)
- Pub. L. 109–479, §406(b), substituted "(16 U.S.C. 971d), or highly migratory species harvested in a commercial fishery managed by a Council under this Act or the Western and Central Pacific Fisheries Convention Implementation Act," for "(16 U.S.C. 971d)". (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (g)
- Pub. L. 109–479, §406(a), added subsec. (i) relating to international overfishing. (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (i)
- Pub. L. 109–479, §107, added subsec. (i) relating to environmental review process. (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006) Law text · (i)
1996
- Pub. L. 104–297, §109(a), added subsecs. (a) and (b) and struck out former subsecs. (a) which related to actions by Secretary after receipt of a fishery management plan or amendment to a plan and (b) which related to implementation of approved plans and amendments and submission … (Sustainable Fisheries Act) Law text · (a), (b)
- Pub. L. 104–297, §109(b)(1), amended heading to read "Preparation and review of Secretarial plans". (Sustainable Fisheries Act) Law text · (c)
- Pub. L. 104–297, §109(b)(2)–(4), struck out "or" at end of subpar. (A), substituted "or amendment; or" for "or amendment, as the case may be." in subpar. (B), added subpar. (C), and struck out concluding provisions which read as follows: "In preparing any such plan or amendment, the… (Sustainable Fisheries Act) Law text · (c)
- Pub. L. 104–297, §109(b)(5), added par. (2) and struck out former par. (2) which related to procedures for making fishery management plans and amendments available for review and comment. (Sustainable Fisheries Act) Law text · (c)
- Pub. L. 104–297, §109(b)(6), (7), inserted "for a fishery under the authority of a Council" after "paragraph (1)" and substituted "system, including any individual fishing quota program" for "system described in section 1853(b)(6) of this title". (Sustainable Fisheries Act) Law text · (c)
- Pub. L. 104–297, §109(b)(8), added pars. (4) to (7). (Sustainable Fisheries Act) Law text · (c)
- Pub. L. 104–297, §109(c), designated existing provisions as par. (1) and added par. (2). (Sustainable Fisheries Act) Law text · (d)
- Pub. L. 104–297, §109(e), amended heading and text of subsec. (e) generally. Prior to amendment, subsec. (e) required Secretary to initiate and maintain a comprehensive program of fishery research. (Sustainable Fisheries Act) Law text · (e)
- Pub. L. 104–297, §109(f), struck out par. (3) which related to authority of Secretary over any highly migratory species fishery that is within the area of authority of more than one of certain Councils and to the preparation and amendment of fishery management plans with respect to … (Sustainable Fisheries Act) Law text · (f)
- Pub. L. 104–297, §109(g), added subsec. (g) and struck out former subsec. (g) which required the Secretary to establish a 3-year program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery within the authority of the Gulf of Mexico Fishery Manage… (Sustainable Fisheries Act) Law text · (g)
- Pub. L. 104–297, §109(i), added subsec. (h). (Sustainable Fisheries Act) Law text · (h)
1993
- Pub. L. 103–206 substituted "April 1, 1994" for "January 1, 1994". · (g)
1992
- Pub. L. 102–567 added par. (1). Former par. (1) redesignated (2). · (e)
- Pub. L. 102–567 redesignated par. (1) as (2) and substituted "(3)" for "(2)" in subpar. (A). Former par. (2) redesignated (3). · (e)
- Pub. L. 102–567 redesignated par. (2) as (3) and substituted "(2)" for "(1)" in introductory provisions. Former par. (3) redesignated (4). · (e)
- Pub. L. 102–567 redesignated par. (3) as (4) and substituted "(2)" for "(1)". · (e)
1990
- Pub. L. 101–627, §111(a)(2)(A), (B), substituted "section 1855(a)" for "section 1855(c)". · (b), (3)
- Pub. L. 101–627, §120(d), substituted "appropriate Council" for "appropriate council". · (c)
- Pub. L. 101–627, §111(a)(2)(C), substituted "section 1855(a)" for "section 1855(c)". · (c)
- 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 provisi… · (e)
- 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). · (f)
- Pub. L. 101–627, §110(c), added subsec. (g). · (g)
1986
- 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. · (a)
- Pub. L. 99–659, §106(1)(B), (C), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively. · (a), (B)
- 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). · (a)
- Pub. L. 99–659, §106(1)(B), (E), redesignated former subpar. (C) as (D) and substituted "15th day" for "30th day". · (a)
- 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). · (a)
- Pub. L. 99–659, §106(1)(G), added par. (3). · (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… · (b)
- Pub. L. 99–659, §106(2)(B), substituted "60th day" for "75th day". · (b)
- Pub. L. 99–659, §106(2)(C), substituted "paragraph (1)(B)" for "paragraph (1)(A)" in introductory provisions. · (b)
- 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". · (b)
- Pub. L. 99–659, §106(2)(D)(ii), substituted "subsection (a)(1)(B)" for "subsection (a)(1)(A)". · (b), (C)
- Pub. L. 99–659, §106(3)(A), substituted "60-day" for "75-day". · (c)
- Pub. L. 99–659, §106(3)(B), substituted "15th day" for "30th day". · (c)
- Pub. L. 99–659, §106(3)(C), substituted "60-day" for "75-day" in two places. · (c)
- 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." · (e)
1983
- 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… · (a)
- 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,… · (b)
- 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 a… · (c)
- 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 considera… · (c)
- 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. · (d)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.