Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1), (2), (3)(C) and (b)(1)(A), was in the original “this Act”, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Amendments

1996—Subsec. (a)(3). Pub. L. 104–297, § 112(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Except as otherwise provided by paragraph (2), a State may not directly or indirectly regulate any fishing vessel outside its boundaries, unless the vessel is registered under the law of that State.”

Subsec. (b)(3). Pub. L. 104–297, § 112(b), added par. (3).

Subsec. (c)(1)(A). Pub. L. 104–297, § 112(c)(1), substituted “(4)(C) or has received a permit under section 1824(d) of this title;” for “(4)(C); and”.

Subsec. (c)(1)(C). Pub. L. 104–297, § 112(c)(2), (3), added subpar. (C).

1990—Subsec. (c)(1)(B). Pub. L. 101–627, § 112(1), inserted before period at end “and the application specifies the species to be processed”.

Subsec. (c)(2). Pub. L. 101–627, § 112(2), added par. (2) and struck out former par. (2) which read as follows: “The Governor of a State may not grant permission for a foreign fishing vessel to engage in fish processing under paragraph (1)(B) if he determines that fish processors within the State have adequate capacity, and will utilize such capacity, to process all of the United States harvested fish from the fishery concerned that are landed in the State.”

1986—Subsec. (b)(1)(A). Pub. L. 99–659 substituted “exclusive economic zone” for “fishery conservation zone”.

1984—Subsec. (a). Pub. L. 98–623 designated existing provisions as pars. (1) to (3), in par. (2), as so designated, redesignated cls. (1) and (2) as subpars. (A) and (B), respectively, and added subpar. (C), and in par. (3), as so designated, inserted exception relating to par. (2).

1983—Subsec. (a). Pub. L. 97–453 inserted provision delineating the jurisdiction and authority of a State over waters adjacent to the State and over Nantucket Sound.

1982—Subsec. (c). Pub. L. 97–191 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1982 Amendment

Pub. L. 97–191, § 3, June 1, 1982, 96 Stat. 108, provided that: “This Act [amending this section and section 1857 of this title] shall take effect on June 1, 1982.”

Authority of States of Washington, Oregon, and California To Manage Dungeness Crab Fishery

Pub. L. 105–384, title II, § 203, Nov. 13, 1998, 112 Stat. 3453, as amended by Pub. L. 107–77, title VI, § 624, Nov. 28, 2001, 115 Stat. 803; Pub. L. 109–479, title III, § 302(e), Jan. 12, 2007, 120 Stat. 3624; Pub. L. 115–49, § 1, Aug. 18, 2017, 131 Stat. 1000, provided that:

“(a)

In General.—

Subject to the provisions of this section and notwithstanding section 306(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1856(a)), each of the States of Washington, Oregon, and California may adopt and enforce State laws and regulations governing fishing and processing in the exclusive economic zone adjacent to that State in any Dungeness crab (Cancer magister) fishery for which there is no fishery management plan in effect under that Act [16 U.S.C. 1801 et seq.].

“(b)

Requirements for State Management.—

Foreign Fish Processing in Norton Sound

Pub. L. 99–509, title V, § 5004, Oct. 21, 1986, 100 Stat. 1912, provided that for purposes of processing pink salmon within the internal waters of the State of Alaska, the geographic area bounded on the north by a parallel of latitude of 64 degrees, 23 minutes, on the south by a parallel of latitude of 63 degrees, 51 minutes, on the east by the baseline from which the territorial sea was measured, and on the west by the outer limit of the territorial sea, was to be considered to be internal waters of the State of Alaska for the purposes of subsec. (c)(4)(B) of this section until Sept. 30, 1993.

Executive Documents

Territorial Sea and Contiguous Zone of United States

For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.