US (United States) Code. Title 16. Chapter 71: Atlantic coastal fisheries cooperative management

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 71 - ATLANTIC COASTAL FISHERIES

COOPERATIVE MANAGEMENT 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 71 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

.

-HEAD-

CHAPTER 71 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

-MISC1-

Sec.

5101. Findings and purpose.

(a) Findings.

(b) Purpose.

5102. Definitions.

5103. State-Federal cooperation in Atlantic coastal fishery

management.

(a) Federal support for State coastal fisheries

programs.

(b) Federal regulation in exclusive economic zone.

5104. State implementation of coastal fishery management plans.

(a) Coastal fishery management plans.

(b) State implementation and enforcement.

(c) Commission monitoring of State implementation and

enforcement.

5105. State noncompliance with coastal fishery management plans.

(a) Noncompliance determination.

(b) Notification.

(c) Withdrawal of noncompliance determination.

5106. Secretarial action.

(a) Secretarial review of Commission determination of

noncompliance.

(b) Consideration of comments.

(c) Moratorium.

(d) Implementing regulations.

(e) Prohibited acts during moratorium.

(f) Civil and criminal penalties.

(g) Civil forfeitures.

(h) Enforcement.

5107. Financial assistance.

5107a. State permits valid in certain waters.

(a) Permits.

(b) Enforcement.

5107b. Transition to management of American lobster fishery by

Commission.

(a) Temporary limits.

(b) Secretary to monitor landings.

(c) Regulations to remain in effect until plan

implemented.

5108. Authorization of appropriations.

(a) In general.

(b) Cooperative statistics program.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1857 of this title.

-CITE-

16 USC Sec. 5101 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 71 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

-HEAD-

Sec. 5101. Findings and purpose

-STATUTE-

(a) Findings

The Congress finds the following:

(1) Coastal fishery resources that migrate, or are widely

distributed, across the jurisdictional boundaries of two or more

of the Atlantic States and of the Federal Government are of

substantial commercial and recreational importance and economic

benefit to the Atlantic coastal region and the Nation.

(2) Increased fishing pressure, environmental pollution, and

the loss and alteration of habitat have reduced severely certain

Atlantic coastal fishery resources.

(3) Because no single governmental entity has exclusive

management authority for Atlantic coastal fishery resources,

harvesting of such resources is frequently subject to disparate,

inconsistent, and intermittent State and Federal regulation that

has been detrimental to the conservation and sustainable use of

such resources and to the interests of fishermen and the Nation

as a whole.

(4) The responsibility for managing Atlantic coastal fisheries

rests with the States, which carry out a cooperative program of

fishery oversight and management through the Atlantic States

Marine Fisheries Commission. It is the responsibility of the

Federal Government to support such cooperative interstate

management of coastal fishery resources.

(5) The failure by one or more Atlantic States to fully

implement a coastal fishery management plan can affect the status

of Atlantic coastal fisheries, and can discourage other States

from fully implementing coastal fishery management plans.

(6) It is in the national interest to provide for more

effective Atlantic State fishery resource conservation and

management.

(b) Purpose

The purpose of this chapter is to support and encourage the

development, implementation, and enforcement of effective

interstate conservation and management of Atlantic coastal fishery

resources.

-SOURCE-

(Pub. L. 103-206, title VIII, Sec. 802, Dec. 20, 1993, 107 Stat.

2447; Pub. L. 106-555, title I, Sec. 122(b)(1)(A), Dec. 21, 2000,

114 Stat. 2766.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

''this title'', meaning title VIII of Pub. L. 103-206, Dec. 20,

1993, 107 Stat. 2447, which is classified principally to this

chapter. For complete classification of title VIII to the Code,

see Short Title note below and Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (a)(3). Pub. L. 106-555, which directed amendment

of par. (3) of this section by substituting ''such resources is''

for ''such resources in'', was executed by making the substitution

in par. (3) of subsec. (a), to reflect the probable intent of

Congress.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-555, title I, Sec. 121, Dec. 21, 2000, 114 Stat.

2766, provided that: ''This subtitle (subtitle B (Sec. 121, 122) of

title I of Pub. L. 106-555, amending this section and sections

5102, 5103, 5106, and 5107a to 5108 of this title and enacting

provisions set out as a note under section 5107 of this title) may

be cited as the 'Atlantic Coastal Fisheries Act of 2000'.''

SHORT TITLE

Section 801 of title VIII of Pub. L. 103-206 provided that:

''This title (enacting this chapter and amending section 4107 of

this title and provisions set out as a note under section 1851 of

this title) may be cited as the 'Atlantic Coastal Fisheries

Cooperative Management Act'.''

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16 USC Sec. 5102 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 71 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

-HEAD-

Sec. 5102. Definitions

-STATUTE-

In this chapter, the following definitions apply:

(1) The term ''coastal fishery management plan'' means a plan

for managing a coastal fishery resource, or an amendment to such

plan, prepared and adopted by the Commission, that -

(A) contains information regarding the status of the resource

and related fisheries; and

(B) specifies conservation and management actions to be taken

by the States.

(2) The term ''coastal fishery resource'' means any fishery,

any species of fish, or any stock of fish that moves among, or is

broadly distributed across, waters under the jurisdiction of two

or more States or waters under the jurisdiction of one or more

States and the exclusive economic zone.

(3) The term ''Commission'' means the Atlantic States Marine

Fisheries Commission established under the interstate compact

consented to and approved by the Congress in Public Laws 77-539

and 81-721.

(4) The term ''conservation'' means the restoring, rebuilding,

and maintaining of any coastal fishery resource and the marine

environment, in order to assure the availability of coastal

fishery resources on a long-term basis.

(5) The term ''Councils'' means Regional Fishery Management

Councils established under section 1852 of this title.

(6) The term ''exclusive economic zone'' means the exclusive

economic zone of the United States established by Proclamation

Number 5030, dated March 10, 1983. For the purposes of this

chapter, the inner boundary of that zone is a line coterminous

with the seaward boundary of each of the coastal States, and the

outer boundary of that 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.

(7) The term ''fish'' means finfish, mollusks, crustaceans, and

all other forms of marine animal life other than marine mammals

and birds.

(8) The term ''fishery'' means -

(A) one or more stocks of fish that can be treated as a unit

for purposes of conservation and management and that are

identified on the basis of geographical, scientific, technical,

commercial, recreational, or economic characteristics; or

(B) any fishing for such stocks.

(9) The term ''fishing'' means -

(A) the catching, taking, or harvesting of fish;

(B) the attempted catching, taking, or harvesting of fish;

(C) any other activity that can be reasonably expected to

result in the catching, taking, or harvesting of fish; or

(D) any operations at sea in support of, or in preparation

for, any activity described in subparagraphs (A) through (C).

Such term does not include any scientific research activity or

the catching, taking, or harvesting of fish in an aquaculture

operation.

(10) The term ''implement and enforce'' means to enact and

implement laws or regulations as required to conform with the

provisions of a coastal fishery management plan and to assure

compliance with such laws or regulations by persons participating

in a fishery that is subject to such plan.

(11) The term ''person'' means any individual (whether or not a

citizen or national of the United States), any corporation,

partnership, association, or other entity (whether or not

organized or existing under the laws of any State), and any

Federal, State, local, or foreign government or any entity of any

such government.

(12) The term ''Secretary'' means the Secretary of Commerce.

(13) The term ''State'' means Maine, New Hampshire,

Massachusetts, Rhode Island, Connecticut, New York, New Jersey,

Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South

Carolina, Georgia, Florida, the District of Columbia, or the

Potomac River Fisheries Commission.

-SOURCE-

(Pub. L. 103-206, title VIII, Sec. 803, Dec. 20, 1993, 107 Stat.

2448; Pub. L. 104-297, title IV, Sec. 404(a), Oct. 11, 1996, 110

Stat. 3619; Pub. L. 106-555, title I, Sec. 122(b)(3), Dec. 21,

2000, 114 Stat. 2766.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 77-539, referred to in par. (3), is act May 4, 1942,

ch. 283, 56 Stat. 267, which is not classified to the Code.

Public Law 81-721, referred to in par. (3), is act Aug. 19, 1950,

ch. 763, 64 Stat. 467, which is not classified to the Code.

Proclamation Number 5030, referred to in par. (6), is set out as

a note under section 1453 of this title.

-MISC2-

AMENDMENTS

2000 - Par. (5). Pub. L. 106-555 made technical amendment to

reference in original act which appears in text as reference to

section 1852 of this title.

1996 - Par. (1). Pub. L. 104-297 inserted ''and'' after semicolon

in subpar. (A), substituted ''States.'' for ''States; and'' in

subpar. (B), and struck out subpar. (C) which read as follows:

''recommends actions to be taken by the Secretary in the exclusive

economic zone to conserve and manage the fishery.''

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

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16 USC Sec. 5103 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 71 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

-HEAD-

Sec. 5103. State-Federal cooperation in Atlantic coastal fishery

management

-STATUTE-

(a) Federal support for State coastal fisheries programs

The Secretary in cooperation with the Secretary of the Interior

shall develop and implement a program to support the interstate

fishery management efforts of the Commission. The program shall

include activities to support and enhance State cooperation in

collection, management, and analysis of fishery data; law

enforcement; habitat conservation; fishery research, including

biological and socioeconomic research; and fishery management

planning.

(b) Federal regulation in exclusive economic zone

(1) In the absence of an approved and implemented fishery

management plan under the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1801 et seq.), and after consultation

with the appropriate Councils, the Secretary may implement

regulations to govern fishing in the exclusive economic zone that

are -

(A) compatible with the effective implementation of a coastal

fishery management plan; and

(B) consistent with the national standards set forth in section

301 of the Magnuson-Stevens Fishery Conservation and Management

Act (16 U.S.C. 1851).

The regulations may include measures recommended by the Commission

to the Secretary that are necessary to support the provisions of

the coastal fishery management plan. Regulations issued by the

Secretary to implement an approved fishery management plan prepared

by the appropriate Councils or the Secretary under the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1801 et seq.) shall supersede any conflicting regulations issued by

the Secretary under this subsection.

(2) The provisions of sections 307, 308, 309, 310, and 311 of the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1857, 1858, 1859, 1860, and 1861) regarding prohibited acts, civil

penalties, criminal offenses, civil forfeitures, and enforcement

shall apply with respect to regulations issued under this

subsection as if such regulations were issued under the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1801 et seq.).

-SOURCE-

(Pub. L. 103-206, title VIII, Sec. 804, Dec. 20, 1993, 107 Stat.

2449; Pub. L. 104-297, title IV, Sec. 404(b), Oct. 11, 1996, 110

Stat. 3619; Pub. L. 106-555, title I, Sec. 122(b)(3), Dec. 21,

2000, 114 Stat. 2766.)

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (b), is Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended, which is classified principally to chapter

38 (Sec. 1801 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1801 of this title and Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-555 substituted

''Magnuson-Stevens Fishery'' for ''Magnuson Fishery'' wherever

appearing.

1996 - Subsec. (b)(1)(A). Pub. L. 104-297 substituted

''compatible with'' for ''necessary to support''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5107b of this title.

-CITE-

16 USC Sec. 5104 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 71 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

-HEAD-

Sec. 5104. State implementation of coastal fishery management plans

-STATUTE-

(a) Coastal fishery management plans

(1) The Commission shall prepare and adopt coastal fishery

management plans to provide for the conservation of coastal fishery

resources. In preparing a coastal fishery management plan for a

fishery that is located in both State waters and the exclusive

economic zone, the Commission shall consult with appropriate

Councils to determine areas where such coastal fishery management

plan may complement Council fishery management plans. The coastal

fishery management plan shall specify the requirements necessary

for States to be in compliance with the plan. Upon adoption of a

coastal fishery management plan, the Commission shall identify each

State that is required to implement and enforce that plan.

(2) Within 1 year after December 20, 1993, the Commission shall

establish standards and procedures to govern the preparation of

coastal fishery management plans under this chapter, including

standards and procedures to ensure that -

(A) such plans promote the conservation of fish stocks

throughout their ranges and are based on the best scientific

information available; and

(B) the Commission provides adequate opportunity for public

participation in the plan preparation process, including at least

four public hearings and procedures for the submission of written

comments to the Commission.

(b) State implementation and enforcement

(1) Each State identified under subsection (a) of this section

with respect to a coastal fishery management plan shall implement

and enforce the measures of such plan within the timeframe

established in the plan.

(2) Within 90 days after December 20, 1993, the Commission shall

establish a schedule of timeframes within which States shall

implement and enforce the measures of coastal fishery management

plans in existence before December 20, 1993. No such timeframe

shall exceed 12 months after the date on which the schedule is

adopted.

(c) Commission monitoring of State implementation and enforcement

The Commission shall, at least annually, review each State's

implementation and enforcement of coastal fishery management plans

for the purpose of determining whether such State is effectively

implementing and enforcing each such plan. Upon completion of such

reviews, the Commission shall report the results of the reviews to

the Secretaries.

-SOURCE-

(Pub. L. 103-206, title VIII, Sec. 805, Dec. 20, 1993, 107 Stat.

2450.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5105, 5106, 5157 of this

title.

-CITE-

16 USC Sec. 5105 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 71 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

-HEAD-

Sec. 5105. State noncompliance with coastal fishery management

plans

-STATUTE-

(a) Noncompliance determination

The Commission shall determine that a State is not in compliance

with the provisions of a coastal fishery management plan if it

finds that the State has not implemented and enforced such plan

within the timeframes established under the plan or under section

5104 of this title.

(b) Notification

Upon making any determination under subsection (a) of this

section, the Commission shall within 10 working days notify the

Secretaries of such determination. Such notification shall include

the reasons for making the determination and an explicit list of

actions that the affected State must take to comply with the

coastal fishery management plan. The Commission shall provide a

copy of the notification to the affected State.

(c) Withdrawal of noncompliance determination

After making a determination under subsection (a) of this

section, the Commission shall continue to monitor State

implementation and enforcement. Upon finding that a State has

complied with the actions required under subsection (b) of this

section, the Commission shall immediately withdraw its

determination of noncompliance. The Commission shall promptly

notify the Secretaries of such withdrawal.

-SOURCE-

(Pub. L. 103-206, title VIII, Sec. 806, Dec. 20, 1993, 107 Stat.

2451.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5106 of this title.

-CITE-

16 USC Sec. 5106 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 71 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

-HEAD-

Sec. 5106. Secretarial action

-STATUTE-

(a) Secretarial review of Commission determination of noncompliance

Within 30 days after receiving a notification from the Commission

under section 5105(b) of this title and after review of the

Commission's determination of noncompliance, the Secretary shall

make a finding on -

(1) whether the State in question has failed to carry out its

responsibility under section 5104 of this title; and

(2) if so, whether the measures that the State has failed to

implement and enforce are necessary for the conservation of the

fishery in question.

(b) Consideration of comments

In making a finding under subsection (a) of this section, the

Secretary shall -

(A) give careful consideration to the comments of the State

that the Commission has determined under section 5105(a) of this

title is not in compliance with a coastal fishery management

plan, and provide such State, upon request, with the opportunity

to meet with and present its comments directly to the Secretary;

and

(B) solicit and consider the comments of the Commission and the

appropriate Councils.

(c) Moratorium

(1) Upon making a finding under subsection (a) of this section

that a State has failed to carry out its responsibility under

section 5104 of this title and that the measures it failed to

implement and enforce are necessary for conservation, the Secretary

shall declare a moratorium on fishing in the fishery in question

within the waters of the noncomplying State. The Secretary shall

specify the moratorium's effective date, which shall be any date

within 6 months after declaration of the moratorium.

(2) If after a moratorium is declared under paragraph (1) the

Secretary is notified by the Commission that the Commission is

withdrawing under section 5105(c) of this title the determination

of noncompliance, the Secretary shall immediately determine whether

the State is in compliance with the applicable plan. If so, the

moratorium shall be terminated.

(d) Implementing regulations

The Secretary may issue regulations necessary to implement this

section. Such regulations -

(1) may provide for the possession and use of fish which have

been produced in an aquaculture operation, subject to applicable

State regulations; and

(2) shall allow for retention of fish that are subject to a

moratorium declared under this section and unavoidably taken as

incidental catch in fisheries directed toward menhaden if -

(A) discarding the retained fish is impracticable;

(B) the retained fish do not constitute a significant portion

of the catch of the vessel; and

(C) retention of the fish will not, in the judgment of the

Secretary, adversely affect the conservation of the species of

fish retained.

(e) Prohibited acts during moratorium

During the time in which a moratorium under this section is in

effect, it is unlawful for any person to -

(1) violate the terms of the moratorium or of any implementing

regulation issued under subsection (d) of this section;

(2) engage in fishing for any species of fish to which the

moratorium applies within the waters of the State subject to the

moratorium;

(3) land, attempt to land, or possess fish that are caught,

taken, or harvested in violation of the moratorium or of any

implementing regulation issued under subsection (d) of this

section;

(4) fail to return to the water immediately, with a minimum of

injury, any fish to which the moratorium applies that are taken

incidental to fishing for species other than those to which the

moratorium applies, except as provided by regulations issued

under subsection (d) of this section;

(5) refuse to permit any officer authorized to enforce the

provisions of this chapter to board a fishing vessel subject to

such person's control for purposes of conducting any search or

inspection in connection with the enforcement of this chapter;

(6) forcibly assault, resist, oppose, impede, intimidate, or

interfere with any such authorized officer in the conduct of any

search or inspection under this chapter;

(7) resist a lawful arrest for any act prohibited by this

section;

(8) ship, transport, offer for sale, sell, purchase, import, or

have custody, control, or possession of, any fish taken or

retained in violation of this chapter; or

(9) interfere with, delay, or prevent, by any means, the

apprehension or arrest of another person, knowing that such other

person has committed any act prohibited by this section.

(f) Civil and criminal penalties

(1) Any person who commits any act that is unlawful under

subsection (e) of this section shall be liable to the United States

for a civil penalty as provided by section 308 of the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1858).

(2) Any person who commits an act prohibited by paragraph (5),

(6), (7), or (9) of subsection (e) of this section is guilty of an

offense punishable as provided by section 309(a)(1) and (b) of the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1859(a)(1) and (b)).

(g) Civil forfeitures

(1) Any vessel (including its gear, equipment, appurtenances,

stores, and cargo) used, and any fish (or the fair market value

thereof) taken or retained, in any manner, in connection with, or

as the result of, the commission of any act that is unlawful under

subsection (e) of this section, shall be subject to forfeiture to

the United States as provided in section 310 of the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1860).

(2) Any fish seized pursuant to this chapter may be disposed of

pursuant to the order of a court of competent jurisdiction or, if

perishable, in a manner prescribed in regulation.

(h) Enforcement

A person authorized by the Secretary or the Secretary of the

department in which the Coast Guard is operating may take any

action to enforce a moratorium declared under subsection (c) of

this section that an officer authorized by the Secretary under

section 311(b) of the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1861(b)) may take to enforce that Act (16

U.S.C. 1801 et seq.). The Secretary may, by agreement, on a

reimbursable basis or otherwise, utilize the personnel, services,

equipment (including aircraft and vessels), and facilities of any

other Federal department or agency and of any agency of a State in

carrying out that enforcement.

-SOURCE-

(Pub. L. 103-206, title VIII, Sec. 807, Dec. 20, 1993, 107 Stat.

2451; Pub. L. 106-555, title I, Sec. 122(b)(3), Dec. 21, 2000, 114

Stat. 2766.)

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (h), is Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended, which is classified principally to chapter

38 (Sec. 1801 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1801 of this title and Tables.

-MISC2-

AMENDMENTS

2000 - Subsecs. (f) to (h). Pub. L. 106 - 555 substituted

''Magnuson-Stevens Fishery'' for ''Magnuson Fishery'' wherever

appearing.

-TRANS-

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.

-CITE-

16 USC Sec. 5107 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 71 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

-HEAD-

Sec. 5107. Financial assistance

-STATUTE-

The Secretary and the Secretary of the Interior may provide

financial assistance to the Commission and to the States to carry

out their respective responsibilities under this chapter, including

-

(1) the preparation, implementation, and enforcement of coastal

fishery management plans; and

(2) State activities that are specifically required within such

plans.

-SOURCE-

(Pub. L. 103-206, title VIII, Sec. 808, Dec. 20, 1993, 107 Stat.

2453.)

-MISC1-

REPORTS

Pub. L. 106-555, title I, Sec. 122(c), Dec. 21, 2000, 114 Stat.

2766, provided that:

''(1) Annual report to the Secretary. - The Secretary shall

require, as a condition of providing financial assistance under

this subtitle (subtitle B (Sec. 121, 122) of title I of Pub. L.

106-555, amending sections 5101 to 5103, 5106, and 5107a to 5108 of

this title and enacting provisions set out as a note under section

5101 of this title), that the Commission and each State receiving

such assistance submit to the Secretary an annual report that

provides a detailed accounting of the use of the assistance.

''(2) Biennial reports to the Congress. - The Secretary shall

submit biennial reports to the Committee on Resources of the House

of Representatives and the Committee on Commerce, Science, and

Transportation of the Senate on the use of Federal assistance

provided to the Commission and the States under this subtitle.

Each biennial report shall evaluate the success of such assistance

in implementing this subtitle.''

-CITE-

16 USC Sec. 5107a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 71 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

-HEAD-

Sec. 5107a. State permits valid in certain waters

-STATUTE-

(a) Permits

Notwithstanding any provision of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1801 et seq.), this

chapter, or any requirement of a fishery management plan or coastal

fishery management plan to the contrary, a person holding a valid

license issued by the State of Maine which lawfully permits that

person to engage in commercial fishing for American lobster may,

with the approval of the State of Maine, engage in commercial

fishing for American lobster in the following areas designated as

Federal waters, if such fishing is conducted in such waters in

accordance with all other applicable Federal and State regulations:

(1) west of Monhegan Island in the area located north of the

line 43 ( degrees) 42 08 N, 69 ( degrees) 34 18 W and 43 (

degrees) 42 15 N, 69 ( degrees) 19 18 W;

(2) east of Monhegan Island in the area located west of the

line 43 ( degrees) 44 00 N, 69 ( degrees) 15 05 W and 43 (

degrees) 48 10 N, 69 ( degrees) 08 01 W;

(3) south of Vinalhaven in the area located west of the line 43

( degrees) 52 21 N, 68 ( degrees) 39 54 W and 43 ( degrees) 48 10

N, 69 ( degrees) 08 01 W; and

(4) south of Bois Bubert Island in the area located north of

the line 44 ( degrees) 19 15 N, 67 ( degrees) 49 30 W and 44 (

degrees) 23 45 N, 67 ( degrees) 40 33 W.

(b) Enforcement

The exemption from Federal fishery permitting requirements

granted by subsection (a) of this section may be revoked or

suspended by the Secretary in accordance with section 308(g) of the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1858(g)) for violations of such Act or this chapter.

-SOURCE-

(Pub. L. 103-206, title VIII, Sec. 809, as added Pub. L. 104-297,

title IV, Sec. 404(c), Oct. 11, 1996, 110 Stat. 3619; amended Pub.

L. 106-555, title I, Sec. 122(b)(3), Dec. 21, 2000, 114 Stat.

2766.)

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in text, is Pub. L. 94-265, Apr. 13, 1976, 90 Stat.

331, as amended, which is classified principally to chapter 38

(Sec. 1801 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1801 of this title and Tables.

This chapter, referred to in subsec. (b), was in the original

''this Act'', and was translated as reading ''this title'', meaning

title VIII of Pub. L. 103-206, Dec. 20, 1993, 107 Stat. 2447, which

is classified principally to this chapter. For complete

classification of title VIII to the Code, see Short Title note set

out under section 5101 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 809 of Pub. L. 103-206 was renumbered section

811, and is classified to section 5108 of this title.

AMENDMENTS

2000 - Subsecs. (a), (b). Pub. L. 106-555 substituted

''Magnuson-Stevens Fishery'' for ''Magnuson Fishery''.

-CITE-

16 USC Sec. 5107b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 71 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

-HEAD-

Sec. 5107b. Transition to management of American lobster fishery by

Commission

-STATUTE-

(a) Temporary limits

Notwithstanding any other provision of this chapter or of the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1801 et seq.), if no regulations have been issued under section

5103(b) of this title by December 31, 1997, to implement a coastal

fishery management plan for American lobster, then the Secretary

shall issue interim regulations before March 1, 1998, that will

prohibit any vessel that takes lobsters in the exclusive economic

zone by a method other than pots or traps from landing lobsters (or

any parts thereof) at any location within the United States in

excess of -

(1) 100 lobsters (or parts thereof) for each fishing trip of 24

hours or less duration (up to a maximum of 500 lobsters, or parts

thereof, during any 5-day period); or

(2) 500 lobsters (or parts thereof) for a fishing trip of 5

days or longer.

(b) Secretary to monitor landings

Before January 1, 1998, the Secretary shall monitor, on a timely

basis, landings of American lobster, and, if the Secretary

determines that catches from vessels that take lobsters in the

exclusive economic zone by a method other than pots or traps have

increased significantly, then the Secretary may, consistent with

the national standards in section 301 of the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1851), and after

opportunity for public comment and consultation with the Atlantic

States Marine Fisheries Commission, implement regulations under

section 5103(b) of this title that are necessary for the

conservation of American lobster.

(c) Regulations to remain in effect until plan implemented

Regulations issued under subsection (a) or (b) of this section

shall remain in effect until the Secretary implements regulations

under section 5103(b) of this title to implement a coastal fishery

management plan for American lobster.

-SOURCE-

(Pub. L. 103-206, title VIII, Sec. 810, as added Pub. L. 104-297,

title IV, Sec. 404(c), Oct. 11, 1996, 110 Stat. 3620; amended Pub.

L. 106-555, title I, Sec. 122(b)(3), Dec. 21, 2000, 114 Stat.

2766.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

''this Act'', and was translated as reading ''this title'', meaning

title VIII of Pub. L. 103-206, Dec. 20, 1993, 107 Stat. 2447, which

is classified principally to this chapter. For complete

classification of title VIII to the Code, see Short Title note set

out under section 5101 of this title and Tables.

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (a), is Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended, which is classified principally to chapter

38 (Sec. 1801 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1801 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 810 of Pub. L. 103-206, which repealed section 9

of Pub. L. 98-613 set out in a note under section 1851 of this

title, was renumbered section 812 by Pub. L. 104-297.

AMENDMENTS

2000 - Subsecs. (a), (b). Pub. L. 106-555 substituted

''Magnuson-Stevens Fishery'' for ''Magnuson Fishery''.

-CITE-

16 USC Sec. 5108 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 71 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

-HEAD-

Sec. 5108. Authorization of appropriations

-STATUTE-

(a) In general

To carry out this chapter, there are authorized to be

appropriated $10,000,000 for each of fiscal years 2001 through

2005.

(b) Cooperative statistics program

Amounts authorized under subsection (a) of this section may be

used by the Secretary to support the Commission's cooperative

statistics program.

-SOURCE-

(Pub. L. 103-206, title VIII, Sec. 811, formerly Sec. 809, Dec. 20,

1993, 107 Stat. 2453; renumbered Sec. 811 and amended Pub. L.

104-297, title IV, Sec. 404(c), (d), Oct. 11, 1996, 110 Stat. 3619,

3620; Pub. L. 106-555, title I, Sec. 122(a), Dec. 21, 2000, 114

Stat. 2766.)

-MISC1-

PRIOR PROVISIONS

Another section 811 of Pub. L. 103-206 amended section 4107 of

this title, prior to repeal by Pub. L. 106-555, title I, Sec.

122(b)(1)(B), Dec. 21, 2000, 114 Stat. 2766.

AMENDMENTS

2000 - Pub. L. 106-555 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: ''To carry out the provisions of this chapter, there are

authorized to be appropriated $3,000,000 for fiscal year 1994,

$5,000,000 for fiscal year 1995, and $7,000,000 for fiscal year

1996, and $7,000,000 for each of the fiscal years 1997, 1998, 1999,

and 2000.''

1996 - Pub. L. 104-297, Sec. 404(d), which directed amendment of

section 810 of Pub. L. 103-206 by substituting ''1996, and

$7,000,000 for each of the fiscal years 1997, 1998, 1999, and

2000'' for ''1996'', was executed to this section to reflect the

probable intent of Congress.

-CITE-