US (United States) Code. Title 16. Chapter 71A: Atlantic striped bass

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

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16 USC CHAPTER 71A - ATLANTIC STRIPED BASS CONSERVATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 71A - ATLANTIC STRIPED BASS CONSERVATION

.

-HEAD-

CHAPTER 71A - ATLANTIC STRIPED BASS CONSERVATION

-MISC1-

Sec.

5151. Findings and purposes.

(a) Findings.

(b) Purpose.

5152. Definitions.

5153. Monitoring of implementation and enforcement by coastal

States.

(a) Determination.

(b) Satisfactory State enforcement.

(c) Notification of Secretaries.

5154. Moratorium.

(a) Secretarial action after notification.

(b) Prohibited acts during moratorium.

(c) Civil penalties.

(d) Enforcement.

(e) Regulations.

5155. Continuing studies of striped bass populations.

(a) In general.

(b) Socio-economic study.

(c) Reports.

5156. Authorization of appropriations; cooperative agreements.

(a) Authorization.

(b) Cooperative agreements.

5157. Public participation in preparation of management plans and

amendments.

(a) Standards and procedures.

(b) Application.

5158. Protection of striped bass in the exclusive economic zone.

(a) Regulation of fishing in exclusive economic zone.

(b) Consultation; periodic review of regulations.

(c) Applicability of Magnuson Act provisions.

-COD-

CODIFICATION

This chapter is comprised of Pub. L. 98-613, Oct. 31, 1984, 98

Stat. 3187-3190, as amended, which was formerly set out as a note

under section 1851 of this title.

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16 USC Sec. 5151 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 71A - ATLANTIC STRIPED BASS CONSERVATION

-HEAD-

Sec. 5151. Findings and purposes

-STATUTE-

(a) Findings

The Congress finds and declares the following:

(1) Atlantic striped bass are of historic commercial and

recreational importance and economic benefit to the Atlantic

coastal States and to the Nation.

(2) No single government entity has full management authority

throughout the range of the Atlantic striped bass.

(3) The population of Atlantic striped bass -

(A) has been subject to large fluctuations due to natural

causes, fishing pressure, environmental pollution, loss and

alteration of habitat, inadequacy of fisheries conservation and

management practices, and other causes; and

(B) risks potential depletion in the future without effective

monitoring and conservation and management measures.

(4) It is in the national interest to implement effective

procedures and measures to provide for effective

interjurisdictional conservation and management of this species.

(b) Purpose

It is therefore declared to be the purpose of the Congress in

this chapter to support and encourage the development,

implementation, and enforcement of effective interstate action

regarding the conservation and management of the Atlantic striped

bass.

-SOURCE-

(Pub. L. 98-613, Sec. 2, Oct. 31, 1984, 98 Stat. 3187; Pub. L.

105-146, Sec. 2, Dec. 16, 1997, 111 Stat. 2672.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-146 amended section catchline and text

generally, reenacting subsecs. (a)(1), (4), and (b) without

change. Prior to amendment, pars. (2) and (3) of subsec. (a) read

as follows:

''(2) As a consequence of increased fishing pressure,

environmental pollution, the loss and alteration of habitat, and

the inadequacy of fishery conservation and management practices and

controls, certain stocks of Atlantic striped bass have been

severely reduced in number.

''(3) Because no single government entity has full management

authority throughout the range of the Atlantic striped bass, the

harvesting and conservation of these fish have been subject to

diverse, inconsistent, and intermittent State regulation that has

been detrimental to the long-term maintenance of stocks of the

species and to the interests of fishermen and the Nation as a

whole.''

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-146, Sec. 1, Dec. 16, 1997, 111 Stat. 2672, provided

that: ''This Act (enacting section 5158 of this title, amending

this section and sections 5152 to 5157 of this title, repealing

section 757g of this title, amending provisions set out as a note

under this section and listed in a table of National Wildlife

Conservation Areas set out under section 668dd of this title, and

repealing provisions set out as notes under section 1851 of this

title) may be cited as the 'Atlantic Striped Bass Conservation Act

Amendments of 1997'.''

SHORT TITLE

Pub. L. 98-613, Sec. 1, Oct. 31, 1984, 98 Stat. 3187, as amended

by Pub. L. 105-146, Sec. 2, Dec. 16, 1997, 111 Stat. 2672, provided

that: ''This Act (enacting this chapter) may be cited as the

'Atlantic Striped Bass Conservation Act'.''

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16 USC Sec. 5152 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 71A - ATLANTIC STRIPED BASS CONSERVATION

-HEAD-

Sec. 5152. Definitions

-STATUTE-

As used in this chapter -

(1) the term ''Magnuson Act'' means the Magnuson-Stevens

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

(2) The term ''Atlantic striped bass'' means members of stocks

or populations of the species Morone saxatilis, which ordinarily

migrate seaward of the waters described in paragraph (3)(A)(i).

(3) The term ''coastal waters'' means -

(A) for each coastal State referred to in paragraph (4)(A) -

(i) all waters, whether salt or fresh, of the coastal State

shoreward of the baseline from which the territorial sea of

the United States is measured; and

(ii) the waters of the coastal State seaward from the

baseline referred to in clause (i) to the inner boundary of

the exclusive economic zone;

(B) for the District of Columbia, those waters within its

jurisdiction; and

(C) for the Potomac River Fisheries Commission, those waters

of the Potomac River within the boundaries established by the

Potomac River Compact of 1958.

(4) The term ''coastal State'' means -

(A) Pennsylvania and each State of the United States

bordering on the Atlantic Ocean north of the State of South

Carolina;

(B) the District of Columbia; and

(C) the Potomac River Fisheries Commission established by the

Potomac River Compact of 1958.

(5) 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.

(6) The term ''exclusive economic zone'' has the meaning given

such term in section 3(6) (FOOTNOTE 1) of the Magnuson Act (16

U.S.C. 1802(6)).

(FOOTNOTE 1) See References in Text note below.

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

(A) the catching, taking, or harvesting of Atlantic striped

bass, except when incidental to harvesting that occurs in the

course of commercial or recreational fish catching activities

directed at a species other than Atlantic striped bass;

(B) the attempted catching, taking, or harvesting of Atlantic

striped bass; and

(C) any operation at sea in support of, or in preparation

for, any activity described in subparagraph (A) or (B).

The term does not include any scientific research authorized by

the Federal Government or by any State government.

(8) The term ''moratorium area'' means the coastal waters with

respect to which a declaration under section 5154(a) of this

title applies.

(9) The term ''moratorium period'' means the period beginning

on the day on which moratorium is declared under section 5154(a)

of this title regarding a coastal State and ending on the day on

which the Commission notifies the Secretaries that that State has

taken appropriate remedial action with respect to those matters

that were the case of the moratorium being declared.

(10) The term ''Plan'' means a plan for managing Atlantic

striped bass, or an amendment to such plan, that is prepared and

adopted by the Commission.

(11) The term ''Secretary'' means the Secretary of Commerce or

a designee of the Secretary of Commerce.

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

and the Secretary of the Interior or their designees.

-SOURCE-

(Pub. L. 98-613, Sec. 3, Oct. 31, 1984, 98 Stat. 3187; Pub. L.

99-432, Sec. 1, Oct. 1, 1986, 100 Stat. 989; Pub. L. 100-589, Sec.

6(g)(1), Nov. 3, 1988, 102 Stat. 2987; Pub. L. 104-208, div. A,

title I, Sec. 101(a) (title II, Sec. 211(b)), Sept. 30, 1996, 110

Stat. 3009, 3009-41; Pub. L. 105-146, Sec. 2, Dec. 16, 1997, 111

Stat. 2673.)

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in par. (1), 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.

Public Law 77-539, referred to in par. (5), 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. (5), is act Aug. 19, 1950,

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

Section 3(6) of the Magnuson Act, referred to in par. (6), was

redesignated section 3(11) of that Act, by Pub. L. 104-297, title

I, Sec. 102(1), (3), Oct. 11, 1996, 110 Stat. 3561.

-MISC2-

AMENDMENTS

1997 - Pub. L. 105-146 amended section catchline and text

generally, substituting present provisions for provisions which

defined the terms ''Magnuson Act'' in par. (1), ''Atlantic striped

bass'' in par. (2), ''coastal waters'' in par. (3), ''coastal

State'' in par. (4), ''Commission'' in par. (5), ''fishing'' in

par. (6), ''Plan'' in par. (7), ''Secretary'' in par. (8), and

''Secretaries'' in par. (9).

1996 - Par. (1). Pub. L. 104-208 substituted ''Magnuson-Stevens

Fishery'' for ''Magnuson Fishery''.

1988 - Par. (1). Pub. L. 100-589 amended par. (1) generally.

Prior to amendment, par. (1) read as follows: ''The term 'Act of

1976' means the Act entitled 'An Act to provide for the

conservation and management of the fisheries, and for other

purposes', approved April 13, 1976 (16 U.S.C. 1801 et seq.).''

1986 - Pars. (2) to (4). Pub. L. 99-432 amended pars. (2) to (4)

generally. Prior to amendment, pars. (2) to (4) read as follows:

''(2) The term 'Atlantic striped bass' means members of stocks or

populations of the species Morone saxatilis, which ordinarily

migrate seaward of the waters described in paragraph (3)(A).

''(3) The term 'coastal waters' means -

''(A) all waters, whether salt or fresh, of a coastal State

shoreward of the baseline from which the territorial sea of the

United States is measured; and

''(B) the waters of a coastal State seaward from the baseline

referred to in subparagraph (A) to the inner boundary of the

exclusive economic zone.

''(4) The term 'coastal State' means Pennsylvania and each State

of the United States bordering on the Atlantic Ocean north of the

State of South Carolina.''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

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16 USC Sec. 5153 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 71A - ATLANTIC STRIPED BASS CONSERVATION

-HEAD-

Sec. 5153. Monitoring of implementation and enforcement by coastal

States

-STATUTE-

(a) Determination

During December of each fiscal year, and at any other time it

deems necessary the Commission shall determine -

(1) whether each coastal State has adopted all regulatory

measures necessary to fully implement the Plan in its coastal

waters; and

(2) whether the enforcement of the Plan by each coastal State

is satisfactory.

(b) Satisfactory State enforcement

For purposes of subsection (a)(2) of this section, enforcement by

a coastal State shall not be considered satisfactory by the

Commission if, in its view, the enforcement is being carried out in

such a manner that the implementation of the Plan within the

coastal waters of the State is being, or will likely be,

substantially and adversely affected.

(c) Notification of Secretaries

The Commission shall immediately notify the Secretaries of each

negative determination made by it under subsection (a) of this

section.

-SOURCE-

(Pub. L. 98-613, Sec. 4, Oct. 31, 1984, 98 Stat. 3188; Pub. L.

99-432, Sec. 2, Oct. 1, 1986, 100 Stat. 989; Pub. L. 100-589, Sec.

4, Nov. 3, 1988, 102 Stat. 2984; Pub. L. 105-146, Sec. 2, Dec. 16,

1997, 111 Stat. 2674.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-146 amended section catchline and text

generally, substituting provisions relating to monitoring of

implementation and enforcement by coastal States for somewhat

similar provisions, including Secretarial action upon notification.

1988 - Subsec. (a)(1). Pub. L. 100-589 inserted ''and at any

other time it deems necessary,'' after ''thereafter,'' in

introductory provisions.

1986 - Subsec. (a). Pub. L. 99-432, Sec. 2(b), amended heading

and text of subsec. (a) generally. Prior to amendment, text read

as follows: ''Commencing on July 1, 1985, the Commission shall

monitor on a biannual basis the enforcement of the Plan by each

coastal State for purposes of deciding if that enforcement is

satisfactory. Enforcement by a coastal State may not be considered

satisfactory by the Commission if, in its view, the enforcement is

being carried out in such a manner that the implementation of the

Plan within its coastal waters is being, or will likely be,

substantially and adversely affected.''

Pub. L. 99-432, Sec. 2(a), redesignated subsec. (b) as (a) and

struck out heading and text of former subsec. (a). Prior to

amendment, text read as follows: ''The Commission shall decide

during June 1985 whether each coastal state has adopted all

regulatory measures necessary to fully implement the Plan in its

coastal waters. The Commission shall immediately notify the

Secretaries of each negative determination made by it under the

preceding sentence.''

Subsec. (b). Pub. L. 99-432, Sec. 2(c), amended heading and text

of subsec. (b) generally. Prior to amendment, text read as

follows: ''Immediately upon receiving notice from the Commission -

''(1) under subsection (a) of this section that a coastal State

has not taken the actions described in that subsection; or

''(2) under subsection (c) of this section that the enforcement

of the Plan by a coastal State is not satisfactory;

the Secretary shall determine, within 30 days, whether that coastal

State is in compliance with the Plan and, if the State is not in

compliance, the Secretary shall declare a moratorium on fishing for

Atlantic striped bass within the coastal waters of that coastal

State. In making such a determination, the Secretary shall

carefully consider and review the comments of the Commission, that

coastal State in question, and the Secretary of the Interior.''

Pub. L. 99-432, Sec. 2(a), redesignated subsec. (d) as (b).

Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 99-432, Sec. 2(a), struck out heading and

text of subsec. (c). Prior to amendment, text read as follows: ''On

December 30, 1985, and on the closing date of each biannual period

thereafter, the Commission shall notify the Secretaries of the

results of the monitoring under subsection (b) of this section of

each coastal State.''

Subsec. (d). Pub. L. 99-432, Sec. 2(a), redesignated subsec. (d)

as (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5154 of this title.

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16 USC Sec. 5154 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 71A - ATLANTIC STRIPED BASS CONSERVATION

-HEAD-

Sec. 5154. Moratorium

-STATUTE-

(a) Secretarial action after notification

Upon receiving notice from the Commission under section 5153(c)

of this title of a negative determination regarding a coastal

State, the Secretaries shall determine jointly, within 30 days,

whether that coastal State is in compliance with the Plan and, if

the State is not in compliance, the Secretaries shall declare

jointly a moratorium on fishing for Atlantic striped bass within

the coastal waters of that coastal State. In making such a

determination, the Secretaries shall carefully consider and review

the comments of the Commission and that coastal State in question.

(b) Prohibited acts during moratorium

During a moratorium period, it is unlawful for any person -

(1) to engage in fishing within the moratorium area;

(2) to land, or attempt to land, Atlantic striped bass that are

caught, taken, or harvested in violation of paragraph (1);

(3) to land lawfully harvested Atlantic striped bass within the

boundaries of a coastal State when a moratorium declared under

subsection (a) of this section applies to that State; or

(4) to fail to return to the water Atlantic striped bass to

which the moratorium applies that are caught incidental to

harvesting that occurs in the course of commercial or

recreational fish catching activities, regardless of the physical

condition of the striped bass when caught.

(c) Civil penalties

(1) Civil penalty

Any person who commits any act that is unlawful under

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

States for a civil penalty as provided by section 308 of the

Magnuson Act (16 U.S.C. 1858).

(2) Civil forfeitures

(A) In general

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 (b) of this section shall be subject to

forfeiture to the United States as provided in section 310 of

the Magnuson Act (16 U.S.C. 1860).

(B) Disposal of fish

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 regulations.

(d) Enforcement

A person authorized by the Secretaries or the Secretary of the

department in which the Coast Guard is operating may take any

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

this section that an officer authorized by the Secretary under

section 311(b) of the Magnuson Act (16 U.S.C. 1861(b)) may take to

enforce that Act (16 U.S.C. 1801 et seq.). The Secretaries 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.

(e) Regulations

The Secretaries may issue regulations to implement this section.

-SOURCE-

(Pub. L. 98-613, Sec. 5, Oct. 31, 1984, 98 Stat. 3189; Pub. L.

99-432, Sec. 3, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100-589, Sec.

6(g)(2), Nov. 3, 1988, 102 Stat. 2988; Pub. L. 102-130, Sec. 2(a),

Oct. 17, 1991, 105 Stat. 626; Pub. L. 104-208, div. A, title I,

Sec. 101(a) (title II, Sec. 211(b)), Sept. 30, 1996, 110 Stat.

3009, 3009-41; Pub. L. 105-146, Sec. 2, Dec. 16, 1997, 111 Stat.

2674.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-146 amended section catchline and text

generally. Prior to amendment, section defined terms ''moratorium

area'' and ''moratorium period'', prohibited acts during

moratorium, and provided for penalties, forefeitures, and

enforcement.

1996 - Subsec. (e)(2). Pub. L. 104-208 substituted

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

1991 - Subsec. (e). Pub. L. 102-130 designated existing

provisions as par. (1) and added pars. (2) and (3).

1988 - Subsecs. (c)(2), (d)(2). Pub. L. 100-589 substituted

''Magnuson Act'' for ''Act of 1976''.

1986 - Pub. L. 99-432, Sec. 3(b), which directed the substitution

of ''Secretaries'' for ''Secretary'', was executed by making the

substitution in subsec. (a)(2), in three places in subsec. (c), and

in two places in subsec. (e) to reflect the probable intent of

Congress.

Pub. L. 99-432, Sec. 3(a), which directed the substitution of

''section 5153(b)'' for ''section 5153(d)'', was executed by making

the substitution in subsecs. (a)(1), (2), (b)(3), and (e) to

reflect the probable intent of Congress.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5152 of this title.

-CITE-

16 USC Sec. 5155 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 71A - ATLANTIC STRIPED BASS CONSERVATION

-HEAD-

Sec. 5155. Continuing studies of striped bass populations

-STATUTE-

(a) In general

For the purposes of carrying out this chapter, the Secretaries

shall conduct continuing, comprehensive studies of Atlantic striped

bass stocks. These studies shall include, but shall not be limited

to, the following:

(1) Annual stock assessments, using fishery-dependent and

fishery-independent data, for the purposes of extending the

long-term population record generated by the annual striped bass

study conducted by the Secretaries before 1994 and understanding

the population dynamics of Atlantic striped bass.

(2) Investigations of the causes of fluctuations in Atlantic

striped bass populations.

(3) Investigations of the effects of water quality, land use,

and other environmental factors on the recruitment, spawning

potential, mortality, and abundance of Atlantic striped bass

populations, including the Delaware River population.

(4) Investigations of -

(A) the interactions between Atlantic striped bass and other

fish, including bluefish, menhaden, mackerel, and other forage

fish or possible competitors, stock assessments of these

species, to the extent appropriate; and

(B) the effects of interspecies predation and competition on

the recruitment, spawning potential mortality, and abundance of

Atlantic striped bass.

(b) Socio-economic study

The Secretaries, in consultation with with (FOOTNOTE 1) the

Atlantic States Marine Fisheries Commission, shall conduct a study

of the socio-economic benefits of the Atlantic striped bass

resource. The Secretaries shall issue a report to the Congress

concerning the findings of this study no later than September 30,

1998.

(FOOTNOTE 1) So in original.

(c) Reports

The Secretaries shall make biennial reports to the Congress and

to the Commission concerning the progress and findings of studies

conducted under subsection (a) of this section and shall make those

reports public. Such reports shall, to the extent appropriate,

contain recommendations of actions which could be taken to

encourage the sustainable management of Atlantic striped bass.

-SOURCE-

(Pub. L. 98-613, Sec. 6, Oct. 31, 1984, 98 Stat. 3190; Pub. L.

105-146, Sec. 2, Dec. 16, 1997, 111 Stat. 2675.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-146 amended section catchline and text

generally, substituting provisions relating to continuing studies

of striped bass populations for provisions relating to

comprehensive annual surveys.

-CITE-

16 USC Sec. 5156 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 71A - ATLANTIC STRIPED BASS CONSERVATION

-HEAD-

Sec. 5156. Authorization of appropriations; cooperative agreements

-STATUTE-

(a) Authorization

For each of fiscal years 2001, 2002, and 2003, there are

authorized to be appropriated to carry out this chapter -

(1) $1,000,000 to the Secretary of Commerce; and

(2) $250,000 to the Secretary of the Interior.

(b) Cooperative agreements

The Secretaries may enter into cooperative agreements with the

Atlantic States Marine Fisheries Commission or with States, for the

purpose of using amounts appropriated pursuant to this section to

provide financial assistance for carrying out the purposes of this

chapter.

-SOURCE-

(Pub. L. 98-613, Sec. 7, Oct. 31, 1984, 98 Stat. 3190; Pub. L.

99-432, Sec. 4, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100-589, Sec.

1, Nov. 3, 1988, 102 Stat. 2984; Pub. L. 102-130, Sec. 2(b), Oct.

17, 1991, 105 Stat. 626; Pub. L. 105-146, Sec. 2, Dec. 16, 1997,

111 Stat. 2676; Pub. L. 106-555, title I, Sec. 101, Dec. 21, 2000,

114 Stat. 2765.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-555 reenacted heading without

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

as follows: ''For each of fiscal years 1998, 1999, and 2000, there

are authorized to be appropriated to carry out this chapter -

''(1) $800,000 to the Secretary of Commerce; and

''(2) $250,000 to the Secretary of the Interior.''

1997 - Pub. L. 105-146 amended section catchline and text

generally. Prior to amendment, section authorized appropriations

for fiscal years 1986 through 1994 and authorized the Secretaries

to enter into cooperative agreements with the Atlantic States

Marine Fisheries Commission.

1991 - Pub. L. 102-130, Sec. 2(b)(4), in section catchline

inserted at end ''; cooperative agreements''.

Pub. L. 102-130, Sec. 2(b)(1)-(3), designated existing provisions

as subsec. (a), inserted subsec. heading, substituted ''1991, 1992,

1993, and 1994,'' for ''and 1991,'', and added subsec. (b).

1988 - Pub. L. 100-589 substituted ''1988, 1989, 1990, and

1991,'' for ''and 1988,''.

1986 - Pub. L. 99-432 amended section catchline and text

generally. Prior to amendment, text read as follows: ''Funds for

activities in fiscal year 1985 under this chapter shall be made

available only from funds appropriated for the Department of

Commerce and the Department of the Interior for fiscal year 1985.

For fiscal year 1986, there are authorized such sums as may be

necessary or appropriate to carry out the provisions of this

chapter.''

-CITE-

16 USC Sec. 5157 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 71A - ATLANTIC STRIPED BASS CONSERVATION

-HEAD-

Sec. 5157. Public participation in preparation of management plans

and amendments

-STATUTE-

(a) Standards and procedures

In order to ensure the opportunity for public participation in

the preparation of management plans and amendments to management

plans for Atlantic striped bass, the Commission shall prepare such

plans and amendments in accordance with the standards and

procedures established under section 5104(a)(2) of this title.

(b) Application

Subsection (a) of this section shall apply to management plans

and amendments adopted by the Commission after the 6-month period

beginning on December 16, 1997.

-SOURCE-

(Pub. L. 98-613, Sec. 8, Oct. 31, 1984, 98 Stat. 3190; Pub. L.

105-146, Sec. 2, Dec. 16, 1997, 111 Stat. 2676.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-146 amended section catchline and text

generally, substituting provisions relating to public participation

in preparation of management plans and amendments for provisions

requiring the Secretaries to review the existing Plan and report to

the Commission and Committees of Congress on its adequacy.

-CITE-

16 USC Sec. 5158 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 71A - ATLANTIC STRIPED BASS CONSERVATION

-HEAD-

Sec. 5158. Protection of striped bass in the exclusive economic

zone

-STATUTE-

(a) Regulation of fishing in exclusive economic zone

The Secretary shall promulgate regulations governing fishing for

Atlantic striped bass in the exclusive economic zone that the

Secretary determines -

(1) are consistent with the national standards set forth in

section 301 of the Magnuson Act (16 U.S.C. 1851);

(2) are compatible with the Plan and each Federal moratorium in

effect on fishing for Atlantic striped bass within the coastal

waters of a coastal State;

(3) ensure the effectiveness of State regulations on fishing

for Atlantic striped bass within the coastal waters of a coastal

State; and

(4) are sufficient to assure the long-term conservation of

Atlantic striped bass populations.

(b) Consultation; periodic review of regulations

In preparing regulations under subsection (a) of this section,

the Secretary shall consult with the Atlantic States Marine

Fisheries Commission, the appropriate Regional Fishery Management

Councils, and each affected Federal, State, and local government

entity. The Secretary shall periodically review regulations

promulgated under subsection (a) of this section, and if necessary

to ensure their continued consistency with the requirements of

subsection (a) of this section, shall amend those regulations.

(c) Applicability of Magnuson Act provisions

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

Magnuson 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 and any plan issued under subsection (a) of this

section as if such regulations or plan were issued under the

Magnuson Act.

-SOURCE-

(Pub. L. 98-613, Sec. 9, as added Pub. L. 105-146, Sec. 2, Dec. 16,

1997, 111 Stat. 2676.)

-MISC1-

PRIOR PROVISIONS

A prior section 9 of Pub. L. 98-613, Oct. 31, 1984, 98 Stat.

3190; Pub. L. 99-432, Sec. 5, Oct. 1, 1986, 100 Stat. 990; Pub. L.

100-589, Sec. 2, Nov. 3, 1988, 102 Stat. 2984; Pub. L. 102-130,

Sec. 2(c), Oct. 17, 1991, 105 Stat. 626, related to the period of

effectiveness of sections 1 to 8 of Pub. L. 98-613, prior to repeal

by Pub. L. 103-206, title VIII, Sec. 812, formerly Sec. 810, Dec.

20, 1993, 107 Stat. 2453, renumbered Sec. 812, Pub. L. 104-297,

title IV, Sec. 404(c), Oct. 11, 1996, 110 Stat. 3619. Section 812

of Pub. L. 103-206 was itself repealed by Pub. L. 106-555, title I,

Sec. 122(b)(1)(B), (2), Dec. 21, 2000, 114 Stat. 2766.

-CITE-