16 U.S.C. § 7007: Rulemaking

Summary

The Secretary must set the U.S. catch level for Pacific whiting using the rules in the Agreement and this chapter, not under the Magnuson‑Stevens Act, except when needed to rebuild other species. All other parts of Pacific whiting management must follow the Magnuson‑Stevens Act and also be consistent with this chapter. If both parties approve the joint management committee’s catch recommendation for a year, the Secretary must put that recommendation into effect and apply any rules to all U.S. people and vessels wherever they are. If the parties do not approve a recommendation, the Secretary must set the total allowable catch for the U.S., taking into account recommendations from the Pacific Fishery Management Council and the joint management, technical, scientific review, and advisory groups, using the best scientific information, using the default harvest rate in Article III, paragraph 1 unless science shows a different rate is needed, and setting the U.S. share under Article III, paragraph 2 with any adjustments under Article II, section 5.

Title 16, §7007

Conservation, Source: USLM XML via OLRC

(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 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