Browse Arkansas Code titles and sections
16 U.S.C. § 5107a — State permits valid in certain waters
Federal law — U.S. Code and appendices · legal_authorities
**(a) Permits** Notwithstanding any provision of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) 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° 42′ 08′′ N, 69° 34′ 18′′ W and 43° 42′ 15′′ N, 69° 19′ 18′′ W;
(2) east of Monhegan Island in the area located west of the line 43° 44′ 00′′ N, 69° 15′ 05′′ W and 43° 48′ 10′′ N, 69° 08′ 01′′ W;
(3) south of Vinalhaven in the area located west of the line 43° 52′ 21′′ N, 68° 39′ 54′′ W and 43° 48′ 10′′ N, 69° 08′ 01′′ W; and
(4) south of Bois Bubert Island in the area located north of the line 44° 19′ 15′′ N, 67° 49′ 30′′ W and 44° 23′ 45′′ N, 67° 40′ 33′′ W.
**(b) Enforcement** The exemption from Federal fishery permitting requirements granted by subsection (a) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858/g&num=0&edition=prelim)) for violations of such Act or this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5107a
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 772f04f01d37dd2634f870f35ef0b2879e18b2fbca828686d576c07a5124ecd9. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_9fb2e2cb95007443097f574e
Source file: Laws/federal/codes/united-states-code/title-16/section-5107a-state-permits-valid-in-certain-waters--5d08836289.md
Pages: Not recorded – Not recorded
Passage SHA-256: b4f27549ab3ab99a11c273a7a8654933dd52c790d5cc88fdacc4a10331c4ea16
Source location: Title 16, Chapter 71, § 5107a; chapter-071-atlantic-coastal-fisheries-cooperative-management.md
Stored source content
**(a) Permits** Notwithstanding any provision of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) 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° 42′ 08′′ N, 69° 34′ 18′′ W and 43° 42′ 15′′ N, 69° 19′ 18′′ W;
(2) east of Monhegan Island in the area located west of the line 43° 44′ 00′′ N, 69° 15′ 05′′ W and 43° 48′ 10′′ N, 69° 08′ 01′′ W;
(3) south of Vinalhaven in the area located west of the line 43° 52′ 21′′ N, 68° 39′ 54′′ W and 43° 48′ 10′′ N, 69° 08′ 01′′ W; and
(4) south of Bois Bubert Island in the area located north of the line 44° 19′ 15′′ N, 67° 49′ 30′′ W and 44° 23′ 45′′ N, 67° 40′ 33′′ W.
**(b) Enforcement** The exemption from Federal fishery permitting requirements granted by subsection (a) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858/g&num=0&edition=prelim)) for violations of such Act or this chapter.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1801
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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 o
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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) may be used by the Secretary to support the Commission’s cooperative statistics program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5108
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1991
TITLE 16—CONSERVATION
§ 1801
Sec.
1826k.
Equivalent conservation measures.
1827.
Observer program regarding certain foreign
fishing.
1827a.
Prohibition on sale of billfish.
1828.
Foreign fishing incursions.
1829.
International monitoring and compliance.
SUBCHAPTER IV—NATIONAL FISHERY
MANAGEMENT PROGRAM
1851.
National standards for fishery conservation
and management.
1852.
Regional Fishery Management Councils.
1853.
Contents of fishery management plans.
1853a.
Limited access privilege programs.
1854.
Action by Secretary.
1855.
Other requirements and authority.
1856.
State jurisdiction.
1857.
Prohibited acts.
1858.
Civil penalties and permit sanctions.
1859.
Criminal offenses.
1860.
Civil forfeitures.
1861.
Enforcement.
1861a.
Transition to sustainable fisheries.
1861b.
Fisheries enforcement plans and reporting.
1862.
North Pacific fisheries conservation.
1863.
Northwest Atlantic Ocean Fisheries Reinvest-
ment Program.
1864.
Repealed.
1865.
Bycatch reduction engineering program.
1866.
Shark feeding.
1867.
Cooperative research and management pro-
gram.
1868.
Herring study.
1869.
Restoration study.
SUBCHAPTER V—FISHERY MONITORING AND
RESEARCH
1881.
Registration and information management.
1881a.
Information collection.
1881b.
Observers.
1881c.
Fisheries research.
1881d.
Incidental harvest research.
1882.
Fisheries systems research.
1883.
Gulf of Mexico red snapper research.
1884.
Deep sea coral research and technology pro-
gram.
1885.
Seafood import monitoring program.
1885a.
Report on Seafood Import Monitoring Pro-
gram.
SUBCHAPTER VI—MISCELLANEOUS
1891.
Investment in United States seafood proc-
essing facilities.
1891a.
Community-based restoration program for
fishery and coast
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1801
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Assessment of penalty** Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim), to have committed an act prohibited by section 1857 or [section 1870 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1870&num=0&edition=prelim) shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay, Provided, That the information is served on the Secretary at least 30 days prior to an administrative hearing.
**(b) Review of civil penalty** Any person against whom a civil penalty is assessed under subsection (a) or against whom a permit sanction is imposed under subsection (g) (other than a permit suspension for nonpayment of penalty or fine) may obtain review thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such order. The Secretary shall promptly file in such cou
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1858
Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 1858. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2099
TITLE 16—CONSERVATION
§ 1858
this title were to take effect Mar. 1, 1977, prior to the
general amendment of section 312 by Pub. L. 104–297,
title I, § 116(a), Oct. 11, 1996, 110 Stat. 3600. See section
1861a of this title.
SAVINGS CLAUSE
Pub. L. 111–348, title I, § 103(b), Jan. 4, 2011, 124 Stat.
3670, provided that:
‘‘(1) IN
GENERAL.—The amendments made by sub-
section (a) [amending this section] do not apply to an
individual engaged in commercial fishing for smooth
dogfish (Mustelus canis) in that area of the waters of the
United States located shoreward of a line drawn in such
a manner that each point on it is 50 nautical miles
from the baseline of a State from which the territorial
sea is measured, if the individual holds a valid State
commercial fishing license, unless the total weight of
smooth dogfish fins landed or found on board a vessel
to which this subsection applies exceeds 12 percent of
the total weight of smooth dogfish carcasses landed or
found on board.
‘‘(2) DEFINITIONS.—In this subsection:
‘‘(A) COMMERCIAL FISHING.—The term ‘commercial
fishing’ has the meaning given that term in section 3
of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802).
‘‘(B) STATE.—The term ‘State’ has the meaning
given that term in section 803 of Public Law 103–206
(16 U.S.C. 5102).’’
CONSTRUCTION
Nothing in section 103 of Pub. L. 111–348 (amending
this section and enacting provisions set out as a note
above) to be construed as affecting, altering, or dimin-
ishing the authority of the Secretary of Commerce to
establish such conservation and management measures
as the Secretary considers necessary and appropriate
under sections 1852(a)(3) and 1854(g) of this title, see
section 104 of Pub. L. 111–348, set out
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1858
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1858. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2531
TITLE 16—CONSERVATION
§ 5107a
inspection in connection with the enforcement
of this chapter;
(6) forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such author-
ized officer in the conduct of any search or in-
spection under this chapter;
(7) resist a lawful arrest for any act prohib-
ited by this section;
(8) ship, transport, offer for sale, sell, pur-
chase, 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) 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)
is guilty of an offense punishable as provided by
section 309(a)(1) and (b) of the Magnuson-Ste-
vens 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), 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 pursuan
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 5107a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.