National Marine Fisheries Conservation and Management Act

Summary

National Marine Fisheries Conservation and Management Act - Defines the terms used in this Act. Includes within the meaning of the term "fish" mollusks, crustaceans, marine mammals except polar bears, walrus, and sea otter, and all other forms of marine plant or animal life except birds. Directs the Secretary of Commerce to promulgate regulations governing fishing in the contiguous fisheries zone by all United States vessels and all foreign vessels except foreign vessels exempt under an international fishery agreement from such regulations. Directs the marine fisheries councils established by this Act to submit to the Secretary proposals for management regulations. Sets forth the areas which such proposals must cover. Enumerates measures which may be included in regulations promulgated by the Secretary, including: (1) the designation of zones and periods within which fishing shall be limited; (2) limitation on fish catches; (3) specifications or prohibitions with respect to types of fishing gear, vessels, or equipment; and (4) the requirement of a fishing license. Requires the Secretary of State to notify all nations affected by regulations promulgated pursuant to this Act of the date on which such regulations become effective. Directs the Secretary of Commerce, before promulgating a regulation pursuant to this Act, to consider existing regulations, and the effect of the new regulation on the affected fishery, and to consult with the Secretary of the department under which the Coast Guard is operating about enforcement, and with the Secretary of State if foreign vessels will be affected. Directs the Secretary to submit the proposed regulation for review to the regional marine fisheries council which proposed it. Provides for public hearings on objections to proposed regulations. Establishes three regional marine fisheries councils: (1) the Atlantic Coast Marine Fisheries Council; (2) the Gulf Coast Marine Fisheries Council; and (3) the Pacific Coast Marine Fisheries Council. Specifies the States which shall have delegations on each council and sets forth the composition of each State delegation. States that one member of each delegation shall have an interest in commercial marine fisheries and that one shall have an interest in recreational marine fisheries. Names the Federal members of each council. States that it shall be the responsibility of each of the regional marine fisheries councils to identify each of the fisheries within its region which may require management pursuant to this Act, and with respect to each such fishery, to appoint a fishery advisory committee. Specifies the composition of such committees. States that it will be the responsibility of each fishery advisory committee: (1) to evaluate the condition of the fishery with respect to which it was appointed; (2) to advise the council whether said fishery requires management; and (3) to draft a proposed management plan as described in this Act. Requires the regional marine fisheries councils to review and approve or reject each proposed management plan prepared by fishery advisory committees. Establishes a National Marine Fisheries Board. Defines the membership of the Fisheries Board, including two members of each regional marine fisheries council, the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of State, and the Secretary of the department in which the Coast Guard is operating. Directs the Fisheries Board: (1) to periodically review the fisheries-related scientific research of the National Oceanic and Atmospheric Administration; (2) to review criticism and complaints concerning fisheries management plans and regulations; and (3) to periodically review the policies and standards of the National Oceanic and Atmospheric Administration adopted in connection with fisheries management. Enumerates acts prohibited by this Act. Sets civil penalties for violations of this Act of up to $15,000 per day for domestic vessels and up to $150,000 per day for foreign vessels. Authorizes persons acting pursuant to authority granted to enforce the provisions of this Act: (1) to board and inspect any fishing vessel within the fishery zone of the United States; (2) to make arrests; (3) to execute a warrant; and (4) to seize the vessel involved in a violation. Authorizes the appropriation of such sums as may be necessary to carry out the provisions of this Act.

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• Introduced in House

  summary · EN · 26 June 1975

  Open at official source

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