U.S. Code » Title 16 » Chapter CHAPTER 10— NORTHERN PACIFIC HALIBUT FISHING › Subchapter SUBCHAPTER IV— NORTHERN PACIFIC HALIBUT ACT OF 1982

16 U.S.C. § 773c

General responsibility

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(a) Secretary of Commerce

The Secretary shall have general responsibility to carry out the Convention and this subchapter.

(b) Adoption of regulations; cooperation with Canadian officialsIn fulfilling this responsibility, the Secretary—(1) shall, in consultation with the Secretary of the department in which the Coast Guard is operating, adopt such regulations as may be necessary to carry out the purposes and objectives of the Convention and this subchapter; and(2) may, with the concurrence of the Secretary of State, cooperate with the duly authorized officials of the Government of Canada.(c) Regional Fishery Management Council involvement

The Regional Fishery Management Council having authority for the geographic area concerned may develop regulations governing the United States portion of Convention waters, including limited access regulations, applicable to nationals or vessels of the United States, or both, which are in addition to, and not in conflict with regulations adopted by the Commission. Such regulations shall only be implemented with the approval of the Secretary, shall not discriminate between residents of different States, and shall be consistent with the limited entry criteria set forth in section 1853(b)(6) of this title. If it becomes necessary to allocate or assign halibut fishing privileges among various United States fishermen, such allocation shall be fair and equitable to all such fishermen, based upon the rights and obligations in existing Federal law, reasonably calculated to promote conservation, and carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of the halibut fishing privileges: Provided, That the Regional Council may provide for the rural coastal villages of Alaska the opportunity to establish a commercial halibut fishery in areas in the Bering Sea to the north of 56 degrees north latitude during a 3 year development period.

(Pub. L. 97–176, § 5, May 17, 1982, 96 Stat. 79; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)Editorial NotesAmendments

1996—Subsec. (c). Pub. L. 104–208 made technical amendment to reference in original act which appears in text as reference to section 1853(b)(6) of this title.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Notes of Decisions
Cited in 12 cases, 1989–2012 · leading case: Charter Operators v. Blank, 844 F. Supp. 2d 122 (D.C. Cir. 2012).
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Charter Operators v. Blank, 844 F. Supp. 2d 122 (D.C. Cir. 2012). · cites it 4× “at 4-5 ; 16 U.S.C. § 773c(c). The regional councils have authority to enact regulations that limit access to halibut fisheries and allocate shares of halibut among individual fisherman, so long as the allocations are “fair and equitable to all such fisherman[.”
State v. Dupier, 118 P.3d 1039 (Alaska 2005). · cites it 4× “16 U.S.C. § 773c(c); Ertsgaard, 222 F.3d at 617 n.”
Van Valin v. Locke, 671 F. Supp. 2d 1 (D.D.C. 2009). · cites it 5× “16 U.S.C. § 773c(c). If approved by both Secretaries, the Secretary of Commerce promulgates the regulations via publication in the Federal Register.”
United States v. Eugene B. Cameron, 888 F.2d 1279 (9th Cir. 1989). · cites it 3× “16 U.S.C. §§ 773c(b)(l), 773e(a)(l). The Lacey Act, 16 U.”
Van Valin v. Locke, 628 F. Supp. 2d 67 (D.D.C. 2009). · cites it 2× “16 U.S.C. § 773c(c). If approved by both Secretaries, the Secretary of Commerce promulgates the regulations via publication in the Federal Register.”
United States v. David L. Ertsgaard, 222 F.3d 615 (9th Cir. 2000). · cites it 2× “” 16 U.S.C. § 773c(c). That is precisely what occurred in this case.”
Yakutat, Inc. v. Gutierrez, 407 F.3d 1054 (9th Cir. 2005). “See 16 U.S.C. § 773c(c); 50 C.F.R. § 679.1 . A.”
All. Against IFQs v. Brown, 84 F.3d 343 (9th Cir. 1996). “” 16 U.S.C. § 773c(e). The final rule was promulgated November 9,1993.”
Wards Cove Packing Corp. v. Nat'l Marine Fisheries Serv., 307 F.3d 1214 (9th Cir. 2002). “16 U.S.C. § 773c(c). Prior to the adoption of fishery management plans in the North Pacific region, fishing for halibut and sa-blefish (also known as black cod) had become a race.”
Charter Operators of Alaska v. Locke (D.D.C. 2012). · cites it 6× “16 U.S.C. § 773c(c). If approved by both Secretaries, the Secretary of Commerce promulgates the regulations via publication in the Federal Register.”
Van Valin v. Locke (D.D.C. 2009). · cites it 3× “16 U.S.C. § 773c(c). If approved by both Secretaries, the Secretary of Commerce promulgates the regulations via publication in the Federal Register.”
Van Valin v. Locke (D.D.C. 2009). · cites it 3× “16 U.S.C. § 773c(c). If approved by both Secretaries, the Secretary of Commerce promulgates the regulations via publication in the Federal Register.”
— 16 U.S.C. § 773c(b)(l) — 1 case
United States v. Eugene B. Cameron, 888 F.2d 1279 (9th Cir. 1989). “16 U.S.C. §§ 773c(b)(l), 773e(a)(l). The Lacey Act, 16 U.”
— 16 U.S.C. § 773c(c) — 11 cases
State v. Dupier, 118 P.3d 1039 (Alaska 2005). “16 U.S.C. § 773c(c); Ertsgaard, 222 F.3d at 617 n.”
Van Valin v. Locke, 671 F. Supp. 2d 1 (D.D.C. 2009). “16 U.S.C. § 773c(c). If approved by both Secretaries, the Secretary of Commerce promulgates the regulations via publication in the Federal Register.”
Charter Operators v. Blank, 844 F. Supp. 2d 122 (D.C. Cir. 2012). “at 4-5 ; 16 U.S.C. § 773c(c). The regional councils have authority to enact regulations that limit access to halibut fisheries and allocate shares of halibut among individual fisherman, so long as the allocations are “fair and equitable to all such fisherman[.”
United States v. Eugene B. Cameron, 888 F.2d 1279 (9th Cir. 1989). “16 U.S.C. §§ 773c(b)(l), 773e(a)(l). The Lacey Act, 16 U.”
Van Valin v. Locke, 628 F. Supp. 2d 67 (D.D.C. 2009). “16 U.S.C. § 773c(c). If approved by both Secretaries, the Secretary of Commerce promulgates the regulations via publication in the Federal Register.”
— 16 U.S.C. § 773c(e) — 2 cases
Charter Operators v. Blank, 844 F. Supp. 2d 122 (D.C. Cir. 2012). “at 4-5 ; 16 U.S.C. § 773c(c). The regional councils have authority to enact regulations that limit access to halibut fisheries and allocate shares of halibut among individual fisherman, so long as the allocations are “fair and equitable to all such fisherman[.”
All. Against IFQs v. Brown, 84 F.3d 343 (9th Cir. 1996). “” 16 U.S.C. § 773c(e). The final rule was promulgated November 9,1993.”
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