16 U.S.C. § 773c: General responsibility

Summary

The Commerce Secretary must run and enforce the Convention and this part of the law. The Secretary must make any rules needed to do that after talking with the Coast Guard’s department. With the Secretary of State’s agreement, the Commerce Secretary may also work with Canadian officials. The local Regional Fishery Management Council can make extra rules for the U.S. part of the Convention waters, including limits on who can fish. Those rules must not conflict with the Commission’s rules and only take effect if the Commerce Secretary approves them. The rules cannot favor people from one State over another and must follow the limited-entry rules in section 1853(b)(6) of this title. If halibut rights must be divided, the division must be fair, help conservation, follow existing federal law, and avoid giving any person or company an excessive share. The Regional Council may let rural coastal Alaska villages try a commercial halibut fishery in Bering Sea areas north of 56 degrees north latitude for a 3-year development period.

Title 16, §773c

Conservation, Source: USLM XML via OLRC

(a)Secretary of Commerce

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

(b)Adoption of regulations; cooperation with Canadian officials

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)Regional Fishery Management Council involvement

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