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U.S. Code as of:
01/19/04
Section 1801. Findings, purposes and policy
(a) Findings
The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly
migratory species of the high seas, the species which dwell on or
in the Continental Shelf appertaining to the United States, and
the anadromous species which spawn in United States rivers or
estuaries, constitute valuable and renewable natural resources.
These fishery resources contribute to the food supply, economy,
and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where
their survival is threatened, and other stocks of fish have been
so substantially reduced in number that they could become
similarly threatened as a consequence of (A) increased fishing
pressure, (B) the inadequacy of fishery resource conservation and
management practices and controls, or (C) direct and indirect
habitat losses which have resulted in a diminished capacity to
support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major
source of employment and contributes significantly to the economy
of the Nation. Many coastal areas are dependent upon fishing and
related activities, and their economies have been badly damaged
by the overfishing of fishery resources at an ever-increasing
rate over the past decade. The activities of massive foreign
fishing fleets in waters adjacent to such coastal areas have
contributed to such damage, interfered with domestic fishing
efforts, and caused destruction of the fishing gear of United
States fishermen.
(4) International fishery agreements have not been effective in
preventing or terminating the overfishing of these valuable
fishery resources. There is danger that irreversible effects from
overfishing will take place before an effective international
agreement on fishery management jurisdiction can be negotiated,
signed, ratified, and implemented.
(5) Fishery resources are finite but renewable. If placed under
sound management before overfishing has caused irreversible
effects, the fisheries can be conserved and maintained so as to
provide optimum yields on a continuing basis.
(6) A national program for the conservation and management of
the fishery resources of the United States is necessary to
prevent overfishing, to rebuild overfished stocks, to insure
conservation, to facilitate long-term protection of essential
fish habitats, and to realize the full potential of the Nation's
fishery resources.
(7) A national program for the development of fisheries which
are underutilized or not utilized by the United States fishing
industry, including bottom fish off Alaska, is necessary to
assure that our citizens benefit from the employment, food
supply, and revenue which could be generated thereby.
(8) The collection of reliable data is essential to the
effective conservation, management, and scientific understanding
of the fishery resources of the United States.
(9) One of the greatest long-term threats to the viability of
commercial and recreational fisheries is the continuing loss of
marine, estuarine, and other aquatic habitats. Habitat
considerations should receive increased attention for the
conservation and management of fishery resources of the United
States.
(10) Pacific Insular Areas contain unique historical, cultural,
legal, political, and geographical circumstances which make
fisheries resources important in sustaining their economic
growth.
(b) Purposes
It is therefore declared to be the purposes of the Congress in
this chapter -
(1) to take immediate action to conserve and manage the fishery
resources found off the coasts of the United States, and the
anadromous species and Continental Shelf fishery resources of the
United States, by exercising (A) sovereign rights for the
purposes of exploring, exploiting, conserving, and managing all
fish, within the exclusive economic zone established by
Presidential Proclamation 5030, dated March 10, 1983, and (B)
exclusive fishery management authority beyond the exclusive
economic zone over such anadromous species and Continental Shelf
fishery resources;
(2) to support and encourage the implementation and enforcement
of international fishery agreements for the conservation and
management of highly migratory species, and to encourage the
negotiation and implementation of additional such agreements as
necessary;
(3) to promote domestic commercial and recreational fishing
under sound conservation and management principles, including the
promotion of catch and release programs in recreational fishing;
(4) to provide for the preparation and implementation, in
accordance with national standards, of fishery management plans
which will achieve and maintain, on a continuing basis, the
optimum yield from each fishery;
(5) to establish Regional Fishery Management Councils to
exercise sound judgment in the stewardship of fishery resources
through the preparation, monitoring, and revision of such plans
under circumstances (A) which will enable the States, the fishing
industry, consumer and environmental organizations, and other
interested persons to participate in, and advise on, the
establishment and administration of such plans, and (B) which
take into account the social and economic needs of the States;
(6) to encourage the development by the United States fishing
industry of fisheries which are currently underutilized or not
utilized by United States fishermen, including bottom fish off
Alaska, and to that end, to ensure that optimum yield
determinations promote such development in a non-wasteful manner;
and
(7) to promote the protection of essential fish habitat in the
review of projects conducted under Federal permits, licenses, or
other authorities that affect or have the potential to affect
such habitat.
(c) Policy
It is further declared to be the policy of the Congress in this
chapter -
(1) to maintain without change the existing territorial or
other ocean jurisdiction of the United States for all purposes
other than the conservation and management of fishery resources,
as provided for in this chapter;
(2) to authorize no impediment to, or interference with,
recognized legitimate uses of the high seas, except as necessary
for the conservation and management of fishery resources, as
provided for in this chapter;
(3) to assure that the national fishery conservation and
management program utilizes, and is based upon, the best
scientific information available; involves, and is responsive to
the needs of, interested and affected States and citizens;
considers efficiency; draws upon Federal, State, and academic
capabilities in carrying out research, administration,
management, and enforcement; considers the effects of fishing on
immature fish and encourages development of practical measures
that minimize bycatch and avoid unnecessary waste of fish; and is
workable and effective;
(4) to permit foreign fishing consistent with the provisions of
this chapter;
(5) to support and encourage active United States efforts to
obtain internationally acceptable agreements which provide for
effective conservation and management of fishery resources, and
to secure agreements to regulate fishing by vessels or persons
beyond the exclusive economic zones of any nation;
(6) to foster and maintain the diversity of fisheries in the
United States; and
(7) to ensure that the fishery resources adjacent to a Pacific
Insular Area, including resident or migratory stocks within the
exclusive economic zone adjacent to such areas, be explored,
developed, conserved, and managed for the benefit of the people
of such area and of the United States.
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