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16 U.S.C. § 5107b — Transition to management of American lobster fishery by Commission
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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Source location: Title 16, Chapter 71, § 5107b; chapter-071-atlantic-coastal-fisheries-cooperative-management.md
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**(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 under [section 5103(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5103/b&num=0&edition=prelim) that are necessary for the conservation of American lobster.
**(c) Regulations to remain in effect until plan implemented** Regulations issued under subsection (a) or (b) shall remain in effect until the Secretary implements regulations under [section 5103(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5103/b&num=0&edition=prelim) to implement a coastal fishery management plan for American lobster.
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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
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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
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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
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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
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1851
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Federal law — U.S. Code and appendices · legal_authorities
Page 2532
TITLE 16—CONSERVATION
§ 5107b
State of Maine, engage in commercial fishing
for American lobster in the following areas des-
ignated as Federal waters, if such fishing is con-
ducted in such waters in accordance with all
other applicable Federal and State regulations:
(1) west of Monhegan Island in the area lo-
cated 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 lo-
cated 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 lo-
cated 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 permit-
ting requirements granted by subsection (a) may
be revoked or suspended by the Secretary in ac-
cordance with section 308(g) of the Magnuson-
Stevens Fishery Conservation and Management
Act (16 U.S.C. 1858(g)) for violations of such Act
or this chapter.
(Pub. L. 103–206, title VIII, § 809, as added Pub. L.
104–297, title IV, § 404(c), Oct. 11, 1996, 110 Stat.
3619; amended Pub. L. 106–555, title I, § 122(b)(3),
Dec. 21, 2000, 114 Stat. 2766.)
Editorial Notes
REFERENCES IN TEXT
The Magnuson-Stevens Fishery Conservation and
Management Act, referred to in text, is Pub. L. 94–265,
Apr. 13, 1976, 90 Stat. 331, which is classified principally
to chapter 38 (§ 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.
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’,
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 5107b
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