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16 U.S.C. § 5101 — Findings and purpose
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
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Source location: Title 16, Chapter 71, § 5101; chapter-071-atlantic-coastal-fisheries-cooperative-management.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1851
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 99–659, title III, § 308, Nov. 14, 1986, 100 Stat. 3736; Pub. L. 101–627, title V, §§ 502, 503, Nov. 28, 1990, 104 Stat. 4463; Pub. L. 102–396, title IX, § 9135, Oct. 6, 1992, 106 Stat. 1937; Pub. L. 103–206, title VIII, § 811, Dec. 20, 1993, 107 Stat. 2454; Pub. L. 103–238, § 21, Apr. 30, 1994, 108 Stat. 561; Pub. L. 104–134, title I, § 101[(a)] [title II, § 211], Apr. 26, 1996, 110 Stat. 1321, 1321–31; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 104–297, title IV, § 402, Oct. 11, 1996, 110 Stat. 3618; Pub. L. 107–372, title III, § 302(a), Dec. 19, 2002, 116 Stat. 3094; Pub. L. 109–479, title III, § 302(g), Jan. 12, 2007, 120 Stat. 3624; Pub. L. 111–348, title I, § 104, Jan. 4, 2011, 124 Stat. 3671, authorized appropriations, with certain conditions, to the Secretary of Commerce for fiscal years 2007 through 2012.
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Federal law — U.S. Code and appendices · legal_authorities
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.
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.), if no regulations have been issued under [section 5103(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5103/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1851&num=0&edition=prelim)], and after opportunity for public comment and consultation with the Atlantic States Marine Fisheries Commission, implement regulations und
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Federal law — U.S. Code and appendices · legal_authorities
Page 2527
TITLE 16—CONSERVATION
§ 5101
4, 1992, 106 Stat. 5103; Pub. L. 106–562, title III,
§ 304(a), Dec. 23, 2000, 114 Stat. 2806; Pub. L.
114–81, title I, § 103(b), Nov. 5, 2015, 129 Stat. 657.)
Editorial Notes
CODIFICATION
Title VIII of Pub. L. 102–567 and Pub. L. 102–587 en-
acted substantially identical sections. Title VIII of
Pub. L. 102–587 was repealed by Pub. L. 106–562.
AMENDMENTS
2015—Pub. L. 114–81 amended section generally. Prior
to amendment, section related to civil penalties, of-
fenses, and forfeiture.
§ 5011. Funding requirements
(a) Authorization
There are authorized to be appropriated from
time to time such sums as may be necessary for
carrying out the purposes and provisions of the
Convention and this chapter, including—
(1) necessary travel expenses of the United
States Commissioners or Alternate Commis-
sioners; and
(2) the United States’ share of the joint ex-
penses of the Commission.
(b) Research
Such funds as shall be made available to the
Secretary of Commerce for research and related
activities shall be expended to carry out the pro-
gram of the Commission in accordance with the
recommendations of the United States Section
and to carry out other research and observer
programs pursuant to the Convention.
(Pub. L. 102–567, title VIII, § 812, Oct. 29, 1992, 106
Stat. 4316; Pub. L. 102–587, title VIII, § 8012, Nov.
4, 1992, 106 Stat. 5105; Pub. L. 106–562, title III,
§ 304(a), Dec. 23, 2000, 114 Stat. 2806.)
Editorial Notes
CODIFICATION
Title VIII of Pub. L. 102–567 and Pub. L. 102–587 en-
acted substantially identical sections. Title VIII of
Pub. L. 102–587 was repealed by Pub. L. 106–562.
§ 5012. Disposition of property
The Secretary shall dispose of any United
States property held by the International North
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