16 U.S.C. § 5107a — State permits valid in certain waters

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 pursuant to the order of a court of competent jurisdiction or, if perishable, in a manner prescribed in regulation. (h) Enforcement A person authorized by the Secretary or the Secretary of the department in which the Coast Guard is operating may take any action to en- force a moratorium declared under subsection (c) of this section that an officer authorized by the Secretary under section 311(b) of the Magnu- son-Stevens Fishery Conservation and Manage- ment Act (16 U.S.C. 1861(b)) may take to enforce that Act [16 U.S.C. 1801 et seq.]. The Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equip- ment (including aircraft and vessels), and facili- ties of any other Federal department or agency and of any agency of a State in carrying out that enforcement. (Pub. L. 103–206, title VIII, § 807, Dec. 20, 1993, 107 Stat. 2451; 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 subsec. (h), 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. AMENDMENTS 2000—Subsecs. (f) to (h). Pub. L. 106—555 substituted ‘‘Magnuson-Stevens Fishery’’ for ‘‘Magnuson Fishery’’ wherever appearing. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 5107. Financial assistance The Secretary and the Secretary of the Inte- rior 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 en- forcement of coastal fishery management plans; and (2) State activities that are specifically re- quired within such plans. (Pub. L. 103–206, title VIII, § 808, Dec. 20, 1993, 107 Stat. 2453.) Statutory Notes and Related Subsidiaries REPORTS Pub. L. 106–555, title I, § 122(c), Dec. 21, 2000, 114 Stat. 2766, provided that: ‘‘(1) ANNUAL REPORT TO THE SECRETARY.—The Sec- retary shall require, as a condition of providing finan- cial assistance under this subtitle [subtitle B (§§ 121, 122) of title I of Pub. L. 106–555, amending sections 5101 to 5103, 5106, and 5107a to 5108 of this title and enacting provisions set out as a note under section 5101 of this title], that the Commission and each State receiving such assistance submit to the Secretary an annual re- port that provides a detailed accounting of the use of the assistance. ‘‘(2) BIENNIAL REPORTS TO THE CONGRESS.—The Sec- retary shall submit biennial reports to the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the use of Federal assistance provided to the Com- mission and the States under this subtitle. Each bien- nial report shall evaluate the success of such assistance in implementing this subtitle.’’ § 5107a. State permits valid in certain waters (a) Permits Notwithstanding any provision of the Magnu- son-Stevens Fishery Conservation and Manage- ment Act (16 U.S.C. 1801 et seq.), this chapter, or any requirement of a fishery management plan or coastal fishery management plan to the con- trary, 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 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’’, and was translated as reading ‘‘this title’’, meaning title VIII of Pub. L. 103–206, Dec. 20, 1993, 107 Stat. 2447, which is classified principally to this chapter. For complete classification of title VIII to the Code, see Short Title note set out under section 5101 of this title and Tables. PRIOR PROVISIONS A prior section 809 of Pub. L. 103–206 was renumbered section 811, and is classified to section 5108 of this title. AMENDMENTS 2000—Subsecs. (a), (b). Pub. L. 106–555 substituted ‘‘Magnuson-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. § 5107b. Transition to management of American lobster fishery by Commission (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 et seq.), if no regulations have been issued under section 5103(b) of this title by December 31, 1997, to implement a coastal fishery manage- ment plan for American lobster, then the Sec- retary 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 Amer- ican 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 na- tional standards in section 301 of the Magnuson- Stevens Fishery Conservation and Management Act [16 U.S.C. 1851], and after opportunity for public comment and consultation with the At- lantic States Marine Fisheries Commission, im- plement regulations under section 5103(b) of this title that are necessary for the conservation of American lobster. (c) Regulations to remain in effect until plan im- plemented Regulations issued under subsection (a) or (b) shall remain in effect until the Secretary imple- ments regulations under section 5103(b) of this title to implement a coastal fishery manage- ment plan for American lobster. (Pub. L. 103–206, title VIII, § 810, as added Pub. L. 104–297, title IV, § 404(c), Oct. 11, 1996, 110 Stat. 3620; amended Pub. L. 106–555, title I, § 122(b)(3), Dec. 21, 2000, 114 Stat. 2766.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, and was translated as reading ‘‘this title’’, meaning title VIII of Pub. L. 103–206, Dec. 20, 1993, 107 Stat. 2447, which is classified principally to this chapter. For complete classification of title VIII to the Code, see Short Title note set out under section 5101 of this title and Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), 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. PRIOR PROVISIONS A prior section 810 of Pub. L. 103–206, which repealed section 9 of Pub. L. 98–613 set out in a note under sec- tion 1851 of this title, was renumbered section 812 by Pub. L. 104–297. AMENDMENTS 2000—Subsecs. (a), (b). Pub. L. 106–555 substituted ‘‘Magnuson-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. § 5108. Authorization of appropriations (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 Com- mission’s cooperative statistics program.