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16 U.S.C. § 5158 — Protection of striped bass in the exclusive economic zone

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5158 — Protection of striped bass in the exclusive economic zone

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1851&num=0&edition=prelim)); (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), 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), and if necessary to ensure their continued consistency with the requirements of subsection (a), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857&num=0&edition=prelim), 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 s

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Source location: Title 16, Chapter 71A, § 5158; chapter-71a-atlantic-striped-bass-conservation.md

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1851 — National standards for fishery conservation and management

**(a) In general** Any fishery management plan prepared, and any regulation promulgated to implement any such plan, pursuant to this subchapter shall be consistent with the following national standards for fishery conservation and management: (1) Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry. (2) Conservation and management measures shall be based upon the best scientific information available. (3) To the extent practicable, an individual stock of fish shall be managed as a unit throughout its range, and interrelated stocks of fish shall be managed as a unit or in close coordination. (4) Conservation and management measures shall not discriminate between residents of different States. If it becomes necessary to allocate or assign fishing privileges among various United States fishermen, such allocation shall be (A) fair and equitable to all such fishermen; (B) reasonably calculated to promote conservation; and (C) carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges. (5) Conservation and management measures shall, where practicable, consider efficiency in the utilization of fishery resources; except that no such measure shall have economic allocation as its sole purpose. (6) Conservation and management measures shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches. (7) Conservation and management measures shall, where practicable, minimize costs and avoid unnecessary duplication. (8) Conservation and management measures shall, consistent with the conservation requirements of this chapter

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1857 — Prohibited acts

It is unlawful— (1) for any person— (A) to violate any provision of this chapter or any regulation or permit issued pursuant to this chapter; (B) to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an applicable permit issued pursuant to this chapter; (C) to violate any provision of, or regulation under, an applicable governing international fishery agreement entered into pursuant to [section 1821(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1821/c&num=0&edition=prelim); (D) to refuse to permit any officer authorized to enforce the provisions of this chapter (as provided for in [section 1861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861&num=0&edition=prelim)) 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 or any regulation, permit, or agreement referred to in subparagraph (A) or (C); (E) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in subparagraph (D); (F) to resist a lawful arrest for any act prohibited by this section; (G) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this chapter or any regulation, permit, or agreement referred to in subparagraph (A) or (C); (H) to 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; (I) to knowingly and

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5151 — Findings and purposes

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1851 — National standards for fishery conserva-

Page 2045 TITLE 16—CONSERVATION § 1851 the Coast Guard’s detection and interdiction of illegal incursions into the United States exclu- sive economic zone by foreign fishing vessels. (b) Specific issues to be addressed The report shall— (1) focus on areas in the exclusive economic zone where the Coast Guard has failed to de- tect or interdict such incursions in the 4-fis- cal-year period beginning with fiscal year 2000, including such areas in the Western/Central Pacific and the Bering Sea; and (2) include an evaluation of the potential use of unmanned aircraft and offshore platforms for detecting or interdicting such incursions. (c) Biennial updates The Secretary shall provide biannual reports updating the Coast Guard’s progress in detecting or interdicting such incursions to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (Pub. L. 109–241, title VIII, § 804, July 11, 2006, 120 Stat. 563.) Editorial Notes CODIFICATION Section was enacted as part of the Coast Guard and Maritime Transportation Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Man- agement Act which comprises this chapter. Statutory Notes and Related Subsidiaries COMBINATION OF FISHERIES ENFORCEMENT PLANS AND FOREIGN FISHING INCURSION REPORTS Pub. L. 111–207, § 4(b), July 27, 2010, 124 Stat. 2251, as amended by Pub. L. 113–281, title II, § 221(a)(5), Dec. 18, 2014, 128 Stat. 3037, provided that: ‘‘The Secretary of the department in which the Coast Guard is operating shall combine the reports required under section 224 of the Coast Guard and Maritime Transportation Act of 2004 (16 U.S.C. 1861b) and section 804 of the Coast Guard and Mari

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1857 — Prohibited acts

Page 2096 TITLE 16—CONSERVATION § 1857 1 So in original. respectively, set out as notes under section 1331 of Title 43, Public Lands. § 1857. Prohibited acts It is unlawful— (1) for any person— (A) to violate any provision of this chapter or any regulation or permit issued pursuant to this chapter; (B) to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an applicable permit issued pursuant to this chapter; (C) to violate any provision of, or regula- tion under, an applicable governing inter- national fishery agreement entered into pur- suant to section 1821(c) of this title; (D) to refuse to permit any officer author- ized to enforce the provisions of this chapter (as provided for in section 1861 of this title) to board a fishing vessel subject to such per- son’s control for purposes of conducting any search or inspection in connection with the enforcement of this chapter or any regula- tion, permit, or agreement referred to in subparagraph (A) or (C); (E) to forcibly assault, resist, oppose, im- pede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in subpara- graph (D); (F) to resist a lawful arrest for any act prohibited by this section; (G) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this chapter or any regulation, permit, or agreement referred to in subparagraph (A) or (C); (H) to interfere with, delay, or prevent, by any means, the apprehension or arrest of an- other person, knowing that such other per- son has committed any act prohibited by this section; (I) to knowingly and willfully submit to a Council

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5158 — Protection of striped bass in the exclusive

Page 2538 TITLE 16—CONSERVATION § 5158 lic participation in preparation of management plans and amendments for provisions requiring the Secre- taries to review the existing Plan and report to the Commission and Committees of Congress on its ade- quacy. § 5158. Protection of striped bass in the exclusive economic zone (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 stand- ards 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 regula- tions on fishing for Atlantic striped bass with- in the coastal waters of a coastal State; and (4) are sufficient to assure the long-term conservation of Atlantic striped bass popu- lations. (b) Consultation; periodic review of regulations In preparing regulations under subsection (a), the Secretary shall consult with the Atlantic States Marine Fisheries Commission, the appro- priate Regional Fishery Management Councils, and each affected Federal, State, and local gov- ernment entity. The Secretary shall periodically review regulations promulgated under sub- section (a), and if necessary to ensure their con- tinued consistency with the requirements of subsection (a), 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, ci

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