16 U.S.C. § 5108 — Authorization of appropriations

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. 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 amended, which was formerly set out as a note under section 1851 of this title. § 5151. Findings and purposes (a) Findings The Congress finds and declares the following: (1) Atlantic striped bass are of historic com- mercial and recreational importance and eco- nomic 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, envi- ronmental 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 conserva- tion and management measures. (4) It is in the national interest to imple- ment effective procedures and measures to provide for effective interjurisdictional con- servation and management of this species. (b) Purpose It is therefore declared to be the purpose of the Congress in this chapter to support and en- courage the development, implementation, and enforcement of effective interstate action re- garding the conservation and management of the Atlantic striped bass. (Pub. L. 98–613, § 2, Oct. 31, 1984, 98 Stat. 3187; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2672.) Editorial Notes AMENDMENTS 1997—Pub. L. 105–146 amended section catchline and text generally, reenacting subsecs. (a)(1), (4), and (b) without change. Prior to amendment, pars. (2) and (3) of subsec. (a) read as follows: ‘‘(2) As a consequence of increased fishing pressure, environmental pollution, the loss and alteration of habitat, and the inadequacy of fishery conservation and management practices and controls, certain stocks of Atlantic striped bass have been severely reduced in number. ‘‘(3) Because no single government entity has full management authority throughout the range of the At- lantic striped bass, the harvesting and conservation of these fish have been subject to diverse, inconsistent, and intermittent State regulation that has been detri- mental to the long-term maintenance of stocks of the species and to the interests of fishermen and the Na- tion as a whole.’’ Statutory Notes and Related Subsidiaries SHORT TITLE OF 1997 AMENDMENT Pub. L. 105–146, § 1, Dec. 16, 1997, 111 Stat. 2672, pro- vided that: ‘‘This Act [enacting section 5158 of this title, amending this section and sections 5152 to 5157 of this title, repealing section 757g of this title, amending provisions set out as a note under this section and list- ed in a table of National Wildlife Conservation Areas set out under section 668dd of this title, and repealing provisions set out as notes under section 1851 of this title] may be cited as the ‘Atlantic Striped Bass Con- servation Act Amendments of 1997’.’’ SHORT TITLE Pub. L. 98–613, § 1, Oct. 31, 1984, 98 Stat. 3187, as amended by Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2672, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Atlantic Striped Bass Conserva- tion Act’.’’ Executive Documents EX. ORD. NO. 13449. PROTECTION OF STRIPED BASS AND RED DRUM FISH POPULATIONS Ex. Ord. No. 13449, Oct. 20, 2007, 72 F.R. 60531, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, to assist in ensuring faithful execution of the Magnuson-Stevens Fishery Conservation and Manage- ment Act, the Atlantic Coastal Fisheries Cooperative Management Act, and the Atlantic Striped Bass Con- servation Act (chapters 38, 71, and 71A of title 16, United States Code), and to conserve striped bass and red drum fish, it is hereby ordered as follows: SECTION 1. Policy. It shall be the policy of the United States to conserve striped bass and red drum for the recreational, economic, and environmental benefit of the present and future generations of Americans, based on sound science and in cooperation with State, terri-