16 U.S.C. § 5107b — Transition to management of American

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.