16 U.S.C. § 1851 — National standards for fishery conservation and management
submitted 50 years ago by Pub. L. 94-265 to r/title-16-CONSERVATION · 392 words · no verdicts yet
Fishery plans and implementing regulations must follow ten national standards. The standards address overfishing, science, stock management, fairness, efficiency, variation, cost, fishing communities, bycatch, and safety.
(a) In general. Every fishery* management plan under this subchapter, and every regulation implementing one, must meet these standards:
(1) Measures must prevent overfishing* while continuously achieving the optimum yield from each fishery for the United States fishing* industry.
(2) They must use the best available scientific information.
(3) When practicable, each fish* stock must be managed as one unit across its range, and related stocks must be managed together or in close coordination.
(4) They may not discriminate among residents of different States. If fishing privileges must be allocated among United States fishermen, the allocation must be fair and equitable, reasonably promote conservation, and prevent any person*, corporation, or other entity from receiving an excessive share.
(5) When practicable, measures must consider efficient use of fishery resources, but their sole purpose may not be economic allocation.
(6) They must account for variations and contingencies in fisheries, resources, and catches.
(7) When practicable, they must reduce costs and avoid unnecessary duplication.
(8) Consistent with conservation requirements, including preventing overfishing and rebuilding overfished* stocks, they must consider the importance of fishery resources to fishing communities. They must use economic and social data meeting paragraph (2) to support those communities’ continued participation and, when practicable, reduce adverse economic effects on them.
(9) When practicable, they must reduce bycatch* and, when bycatch cannot be avoided, reduce bycatch deaths.
(10) When practicable, they must promote safety of human life at sea.
(b) Guidelines. The Secretary* must establish advisory guidelines based on these standards to help develop fishery management plans. The guidelines do not have the force or effect of law.
Any fishery* management plan prepared, and any regulation promulgated to implement any such plan, pursuant to this subchapter shall be consistent with the following national standards* for fishery conservation and management:
Conservation and management measures shall prevent overfishing* while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing* industry.
Conservation and management measures shall be based upon the best scientific information available.
To the extent practicable, an individual stock of fish* shall be managed as a unit throughout its range, and interrelated stocks of fish* shall be managed as a unit or in close coordination.
Conservation and management measures shall not discriminate between residents of different States. If it becomes necessary to allocate or assign fishing privileges among various United States fishermen, such allocation shall be (A) fair and equitable to all such fishermen; (B) reasonably calculated to promote conservation; and (C) carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges.
Conservation and management measures shall, where practicable, consider efficiency in the utilization of fishery resources; except that no such measure shall have economic allocation as its sole purpose.
Conservation and management measures shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches.
Conservation and management measures shall, where practicable, minimize costs and avoid unnecessary duplication.
Conservation and management measures shall, consistent with the conservation requirements of this chapter (including the prevention of overfishing and rebuilding of overfished* stocks), take into account the importance of fishery resources to fishing communities by utilizing economic and social data that meet the requirements of paragraph (2), in order to (A) provide for the sustained participation of such communities, and (B) to the extent practicable, minimize adverse economic impacts on such communities.
Conservation and management measures shall, to the extent practicable, (A) minimize bycatch* and (B) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch.
Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea.
The Secretary* shall establish advisory guidelines (which shall not have the force and effect of law), based on the national standards, to assist in the development of fishery management plans.
Source credit: (Pub. L. 94–265, title III, § 301, Apr. 13, 1976, 90 Stat. 346; Pub. L. 97–453, § 4, Jan. 12, 1983, 96 Stat. 2484; Pub. L. 98–623, title IV, § 404(3), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 104–297, title I, § 106, Oct. 11, 1996, 110 Stat. 3570; Pub. L. 109–479, title I, § 101(a), Jan. 12, 2007, 120 Stat. 3579.)
- 1976Enacted · Pub. L. 94-265 · 90 Stat. 346
- 1983Amended · Pub. L. 97-453 · 96 Stat. 2484
- 1984Amended · Pub. L. 98-623 · 98 Stat. 3408
- 1996Amended · Pub. L. 104-297 · 110 Stat. 3570
- 2007Amended · Pub. L. 109-479 · 120 Stat. 3579
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-265 on 1976-04-13.
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