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16 U.S.C. § 1852

Regional Fishery Management Councils

United States · Title 16 — CONSERVATION · Status: effective

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16 U.S.C. § 1852, Regional Fishery Management Councils, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/447243
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There shall be established, within 120 days after April 13, 1976, eight Regional Fishery Management Councils, as follows: The New England Fishery Management Council shall consist of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The New England Council shall have 18 voting members, including 12 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). The Mid-Atlantic Fishery Management Council shall consist of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except North Carolina, and as provided in paragraph (3)). The Mid-Atlantic Council shall have 21 voting members, including 13 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). The South Atlantic Fishery Management Council shall consist of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The South Atlantic Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). The Caribbean Fishery Management Council shall consist of the Virgin Islands and the Commonwealth of Puerto Rico and shall have authority over the fisheries in the Caribbean Sea and Atlantic Ocean seaward of such States and of commonwealths, territories, and possessions of the United States in the Caribbean Sea (except as provided in paragraph (3)). The Caribbean Council shall have 7 voting members, including 4 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). The Gulf of Mexico Fishery Management Council shall consist of the States of Texas, Louisiana, Mississippi, Alabama, and Florida and shall have authority over the fisheries in the Gulf of Mexico seaward of such States (except as provided in paragraph (3)). The Gulf Council shall have 17 voting members, including 11 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). The Pacific Fishery Management Council shall consist of the States of California, Oregon, Washington, and Idaho and shall have authority over the fisheries in the Pacific Ocean seaward of such States. The Pacific Council shall have 14 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State), and including one appointed from an Indian tribe with Federally 11 So in original. Probably should not be capitalized. recognized fishing rights from California, Oregon, Washington, or Idaho in accordance with subsection (b)(5). The North Pacific Fishery Management Council shall consist of the States of Alaska, Washington, and Oregon and shall have authority over the fisheries in the Arctic Ocean, Bering Sea, and Pacific Ocean seaward of Alaska. The North Pacific Council shall have 11 voting members, including 7 appointed by the Secretary in accordance with subsection (b)(2) (5 of whom shall be appointed from the State of Alaska and 2 of whom shall be appointed from the State of Washington). The Western Pacific Fishery Management Council shall consist of the States of Hawaii, American Samoa, Guam, and the Northern Mariana Islands and shall have authority over the fisheries in the Pacific Ocean seaward of such States and of the Commonwealths, territories, and possessions of the United States in the Pacific Ocean area. The Western Pacific Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each of the following States: Hawaii, American Samoa, Guam, and the Northern Mariana Islands). The voting members of each Council shall be: The Secretary, in making appointments under this section, shall, to the extent practicable, ensure a fair and balanced apportionment, on a rotating or other basis, of the active participants (or their representatives) in the commercial and recreational fisheries under the jurisdiction of the Council. On January 31, 1991, and each year thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives a report on the actions taken by the Secretary to ensure that such fair and balanced apportionment is achieved. The report shall— The Governor of a State submitting a list of names of individuals for appointment by the Secretary of Commerce to the Gulf of Mexico Fisheries Management Council under subparagraph (C) shall include— Notwithstanding the requirements of subparagraph (C), if the Secretary determines that the list of names submitted by the Governor does not meet the requirements of clause (i) the Secretary shall— Representation shall be rotated among the tribes taking into consideration— The Secretary may remove for cause any member of a Council required to be appointed by the Secretary in accordance with paragraphs 33 So in original. Probably should be “paragraph”. (2) or (5) if— The nonvoting members of each Council shall be: The voting members of each Council who are required to be appointed by the Secretary and who are not employed by the Federal Government or any State or local government, shall receive compensation at the daily rate for GS–15, step 7 of the General Schedule, when engaged in the actual performance of duties for such Council. The voting members of each Council, any nonvoting member described in subsection (c)(1)(C), and the nonvoting member appointed pursuant to subsection (c)(2) shall be reimbursed for actual expenses incurred in the performance of such duties, and other nonvoting members and Council staff members may be reimbursed for actual expenses. The Secretary shall pay— The Secretary shall establish advisory panels to assist in the collection and evaluation of information relevant to the development of any fishery management plan or plan amendment for a fishery to which subsection (a)(3) applies. Each advisory panel shall participate in all aspects of the development of the plan or amendment; be balanced in its representation of commercial, recreational, and other interests; and consist of not less than 7 individuals who are knowledgeable about the fishery for which the plan or amendment is developed, selected from among— Each Council shall, in accordance with the provisions of this chapter— develop, in conjunction with the scientific and statistical committee, multi-year research priorities for fisheries, fisheries interactions, habitats, and other areas of research that are necessary for management purposes, that shall— The following guidelines apply with respect to the conduct of business at meetings of a Council, of the Council coordination committee established under subsection (l), and of the scientific and statistical committees or other committees or advisory panels established under subsection (g): Each Council, the Council Coordination Committee established under subsection (l), scientific, and statistical committee, other committees, and advisory panel— For the purposes of this subsection— the term “affected individual” means an individual who— is a voting member of a Council appointed— Each affected individual must disclose any financial interest held by— The disclosure required under paragraph (2) shall be made— The financial interest disclosures required by this subsection shall— Within 6 months after January 12, 2007, the Secretary, in consultation with the Councils and the National Sea Grant College Program, shall develop a training course for newly appointed Council members. The course may cover a variety of topics relevant to matters before the Councils, including— The training course shall be available to both new and existing Council members, staff from the regional offices and regional science centers of the National Marine Fisheries Service, and may be made available to committee or advisory panel members as resources allow. Council members appointed after January 12, 2007, shall complete a training course that meets the requirements of this section not later than 1 year after the date on which they were appointed. Any Council member who has completed a training course within 24 months before January 12, 2007, shall be considered to have met the training requirement of this paragraph. The Councils may establish a Council coordination committee consisting of the chairs, vice chairs, and executive directors of each of the 8 Councils described in subsection (a)(1), or other Council members or staff, in order to discuss issues of relevance to all Councils, including issues related to the implementation of this chapter.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 94-265(H.R. 200)1976-04-13
    Fishery Conservation and Management Act of 1976
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 95-354(H.R. 10732)1978-08-28
    An Act to authorize appropriations to carry out the Fishery Conservation and Management Act of 1976 during fiscal year 1979, to provide for the regulation of foreign fish processing vessels in the fishery conservation zone, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-561(S. 2163)1980-12-22
    An act to provide for the conservation and enhancement of the salmon and steelhead resources of the United States, assistance to treaty and nontreaty harvesters of those resources, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-453(H.R. 5002)1983-01-12
    A bill to improve fishery conservation and management.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-659(S. 991)1986-11-14
    National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act of 1985
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-627(H.R. 2061)1990-11-28
    Fishery Conservation Amendments of 1990
  • Amended byPub. L. 102-582(H.R. 2152)1992-11-02
    High Seas Driftnet Fisheries Enforcement Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 104-297(S. 39)1996-10-11
    Sustainable Fisheries Act
  • Amended byPub. L. 106-113(H.R. 3194)1999-11-29
    Consolidated Appropriations Act, 2000
  • Amended byPub. L. 109-479(H.R. 5946)2007-01-12
    Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 115-405(S. 1520)2018-12-31
    Modernizing Recreational Fisheries Management Act of 2018
    House: 350–11Senate: no recorded tally
  • Amended byPub. L. 117-286(H.R. 5961)2022-12-27
    To make revisions in title 5, United States Code, as necessary to keep the title current, and to make technical amendments to improve the United States Code.
    House: 413–3Senate: no recorded tally