16 U.S.C. § 1811

United States sovereign rights to fish and fishery management authority

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(a) In the exclusive economic zone

Except as provided in section 1812 of this title, the United States claims, and will exercise in the manner provided for in this chapter, sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone.

(b) Beyond the exclusive economic zoneThe United States claims, and will exercise in the manner provided for in this chapter, exclusive fishery management authority over the following:(1) All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; except that that management authority does not extend to any such species during the time they are found within any waters of a foreign nation.(2) All Continental Shelf fishery resources beyond the exclusive economic zone.(Pub. L. 94–265, title I, § 101, Apr. 13, 1976, 90 Stat. 336; Pub. L. 99–659, title I, § 101(b), Nov. 14, 1986, 100 Stat. 3706; Pub. L. 101–627, title I, § 102(b), Nov. 28, 1990, 104 Stat. 4438; Pub. L. 102–251, title III, § 301(c), Mar. 9, 1992, 106 Stat. 62.)Amendment of Section

Pub. L. 102–251, title III, §§ 301(c), 308, Mar. 9, 1992, 106 Stat. 62, 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, subsection (a) is amended by inserting “and special areas” before the period at the end and subsection (b) is amended by inserting after paragraph (2) the following new paragraph:

(3) All fishery resources in the special areas.

Editorial NotesReferences in Text

This chapter, referred to in text, 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

1990—Subsec. (b)(1). Pub. L. 101–627 substituted “any waters of a foreign nation” for “any foreign nation’s territorial sea or exclusive economic zone (or the equivalent), to the extent that that sea or zone is recognized by the United States”.

1986—Pub. L. 99–659 amended section generally. Prior to amendment, section read as follows: “There is established a zone contiguous to the territorial sea of the United States to be known as the fishery conservation zone. The inner boundary of the fishery conservation zone is a line coterminous with the seaward boundary of each of the coastal States, and the outer boundary of such zone is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.”

Statutory Notes and Related SubsidiariesEffective Date of 1992 Amendment

Amendment by Pub. L. 102–251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102–251, set out as a note under section 773 of this title.

Notes of Decisions

Cited in 56 cases (4 in the last 5 years), 1977–2022 · leading case: Am. Pelagic Fishing Co., L.P. v. United States, 379 F.3d 1363 (Fed. Cir. 2004).

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Am. Pelagic Fishing Co., L.P. v. United States, 379 F.3d 1363 (Fed. Cir. 2004). · cites it 3× “See 16 U.S.C. § 1811 (2000); Proclamation No.”

Amoco Prod. Co. v. Vill. of Gambell, 480 U.S. 531 (1987). · cites it 2× “16 U. S. C. §§ 1811 , 1812(1). According to the Court of Appeals, the inclusion of the FCMA in the saving clause indicates that ANILCA applies to the OCS.”

Chinatown Neighborhood Assn v. Kamala Harris, 794 F.3d 1136 (9th Cir. 2015). · cites it 2× “Under the MSA, the federal government exercises “sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone” (“EEZ”), 16 U.S.C. § 1811 (a), which extends from the seaward boundary of…”

Douglas v. Seacoast Prods., Inc., 431 U.S. 265 (1977). · cites it 2× “…States jurisdiction for fishery management was extended from 12 to 200 nautical miles from our coasts. 90 Stat. 336 , 16 U. S. C. § 1811 (1976 ed.).”

Nat'l Fisheries Inst., Inc. v. Mosbacher, 732 F. Supp. 210 (D.D.C. 1990). · cites it 3× “See 16 U.S.C. §§ 1811 , 1802(6) (West Supp.1989).”

Paul Conti & Conti Corp. (As Owner of F/v Providenza) v. United States, 291 F.3d 1334 (Fed. Cir. 2002). “See 16 U.S.C. § 1811 ; Atlantic Swordfish Fishery, 50 Fed.”

Washington v. Washington State Com. Passenger Fishing Vessel Assn., 443 U.S. 658 (1979). “Although it is true that the fish involved are caught in waters subject to the jurisdiction of the United States, rather than of the State, see 16 U. S. C. §§ 1811 , 1812, the persons catching them are nonetheless "citizens of the Territory" and as such the beneficiaries of the…”

United Cook Inlet Drift Ass'n v. Nat'l Marine Fisheries Serv., 837 F.3d 1055 (9th Cir. 2016). · cites it 2× “§ 101 (codified as amended at 16 U.S.C. § 1811 ), and regulated foreign fishing in that area, id.”

Chinatown Neighborhood Ass'n v. Harris, 33 F. Supp. 3d 1085 (N.D. Cal. 2014). “16 U.S.C. § 1811 (a). The EEZ extends from the seaward boundary of the states to a boundary 200 nautical miles from the baseline from which the breadth of the territorial sea is measured.”

State v. Dupier, 118 P.3d 1039 (Alaska 2005). “16 U.S.C. § 1811 (2000); Proclamation No.”

Dettling v. United States, 983 F. Supp. 2d 1184 (D. Haw. 2013). · cites it 3× “” 16 U.S.C. § 1811 (a). 16 The Exclusive Economic Zone (“EEZ”) consists of the waters two hundred nautical miles from the coastal boundary of *1201 each state, 17 16 U.”

State v. F/v Baranof, 677 P.2d 1245 (Alaska 1984). · cites it 2× “16 U.S.C. §§ 1811 , 1812. Within the federal zone, Congress envisioned “[a] national program for the conservation and management of the fishery resources of the United States .”

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