§773c — Title 16 Conservation | U.S. Code

Summary

The Secretary must carry out the Convention and this part of the law. The Secretary must make any rules needed after consulting with the department that runs the Coast Guard, and may cooperate with authorized Canadian officials if the Secretary of State agrees. The Regional Fishery Management Council for the area may add rules for the United States portion of Convention waters, including limited access, but only if those rules do not conflict with the Commission and are approved by the Secretary. Such rules must not discriminate by State, must meet the limited-entry criteria in section 1853(b)(6), and must allocate halibut fairly based on existing federal rights and duties to promote conservation and avoid any person or entity getting an excessive share. The Council may give rural coastal Alaska villages the chance to start a commercial halibut fishery north of 56 degrees north latitude in the Bering Sea during a 3-year development period.

Title 16, §773c

Conservation — Source: USLM XML via OLRC

(a)The Secretary shall have general responsibility to carry out the Convention and this subchapter.

(b)In fulfilling this responsibility, the Secretary—

(1)shall, in consultation with the Secretary of the department in which the Coast Guard is operating, adopt such regulations as may be necessary to carry out the purposes and objectives of the Convention and this subchapter; and

(2)may, with the concurrence of the Secretary of State, cooperate with the duly authorized officials of the Government of Canada.

(c)The Regional Fishery Management Council having authority for the geographic area concerned may develop regulations governing the United States portion of Convention waters, including limited access regulations, applicable to nationals or vessels of the United States, or both, which are in addition to, and not in conflict with regulations adopted by the Commission. Such regulations shall only be implemented with the approval of the Secretary, shall not discriminate between residents of different States, and shall be consistent with the limited entry criteria set forth in section 1853(b)(6) of this title. If it becomes necessary to allocate or assign halibut fishing privileges among various United States fishermen, such allocation shall be fair and equitable to all such fishermen, based upon the rights and obligations in existing Federal law, reasonably calculated to promote conservation, and carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of the halibut fishing privileges: Provided, That the Regional Council may provide for the rural coastal villages of Alaska the opportunity to establish a commercial halibut fishery in areas in the Bering Sea to the north of 56 degrees north latitude during a 3 year development period.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (c). Pub. L. 104–208 made technical amendment to reference in original act which appears in text as reference to section 1853(b)(6) of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 Amendment Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§773c General responsibility