§7007 — Title 16 Conservation | U.S. Code

Summary

The Secretary must set the United States catch limit for Pacific whiting using the rules and steps in the Agreement and this chapter, not under the Magnuson‑Stevens Act, unless needed to rebuild other species. All other parts of whiting management must follow the Magnuson‑Stevens Act and be consistent with this chapter. If both parties to the Agreement approve the joint management committee’s catch recommendation for a year, the Secretary must put that recommendation into effect, and any rules made will apply to all U.S. people and vessels wherever they are. If the parties do not approve the recommendation, the Secretary must set the U.S. total allowable catch. In doing so the Secretary must consider advice from the Pacific Fishery Management Council and the joint committees and panels, use the best scientific information available, use the Agreement’s default harvest rate unless science shows a different rate is needed, and set the U.S. share based on Article III paragraph 2 with any adjustments under Article II section 5.

Title 16, §7007

Conservation — Source: USLM XML via OLRC

(a)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)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)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 11 So in original. 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1801 of this title and Tables.

§7007 Rulemaking