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

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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Source location: Title 16, Chapter 71A, § 5151; chapter-71a-atlantic-striped-bass-conservation.md

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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 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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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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16 U.S.C. § 757g — Repealed. Pub. L. 105–146, § 3(a), Dec. 16, 1997, 111 Stat. 2677

### Statutory Notes Section, Pub. L. 89–304, § 7, as added Pub. L. 96–118, § 4, Nov. 16, 1979, 93 Stat. 859; amended Pub. L. 97–453, § 14(b)(3), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 98–613, § 10(a), Oct. 31, 1984, 98 Stat. 3190; Pub. L. 99–432, § 6, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100–589, § 3, Nov. 3, 1988, 102 Stat. 2984; Pub. L. 102–130, § 3, Oct. 17, 1991, 105 Stat. 626, related to striped bass population studies.

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16 U.S.C. § 668dd — National Wildlife Refuge System

**(a) Designation; administration; continuance of resources-management-programs for refuge lands in Alaska; disposal of acquired lands; proceeds** (1) For the purpose of consolidating the authorities relating to the various categories of areas that are administered by the Secretary for the conservation of fish and wildlife, including species that are threatened with extinction, all lands, waters, and interests therein administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas are hereby designated as the “National Wildlife Refuge System” (referred to herein as the “System”), which shall be subject to the provisions of this section, and shall be administered by the Secretary through the United States Fish and Wildlife Service. With respect to refuge lands in the State of Alaska, those programs relating to the management of resources for which any other agency of the Federal Government exercises administrative responsibility through cooperative agreement shall remain in effect, subject to the direct supervision of the United States Fish and Wildlife Service, as long as such agency agrees to exercise such responsibility. (2) The mission of the System is to administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans. (3) With respect to the System, it is the policy of the United States that— (A) each refuge shall be managed to fulfill the mission of the System, as well as the specific pu

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

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

Page 2533 TITLE 16—CONSERVATION § 5151 (Pub. L. 103–206, title VIII, § 811, formerly § 809, Dec. 20, 1993, 107 Stat. 2453; renumbered § 811 and amended Pub. L. 104–297, title IV, § 404(c), (d), Oct. 11, 1996, 110 Stat. 3619, 3620; Pub. L. 106–555, title I, § 122(a), Dec. 21, 2000, 114 Stat. 2766.) Editorial Notes PRIOR PROVISIONS Another section 811 of Pub. L. 103–206 amended sec- tion 4107 of this title, prior to repeal by Pub. L. 106–555, title I, § 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, § 404(d), which directed amend- ment 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 sec- tion to reflect the probable intent of Congress. CHAPTER 71A—ATLANTIC STRIPED BASS CONSERVATION Sec. 5151. Findings and purposes. 5152. Definitions. 5153. Monitoring of implementation and enforce- ment by coastal States. 5154. Moratorium. 5155. Continuing studies of striped bass popu- lations. 5156. Authorization of appropriations; cooperative agreements. 5157. Public participation in preparation of man- agement plans and amendments. 5158. Protection of striped bass in the exclusive economic zone. Editorial Notes CODIFICATION This chapter is comprised of Pub. L. 98–613, Oct. 31, 1984, 98 Stat. 3187–3190, as amen

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