16 U.S.C. § 5101 — Findings and purpose

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 L. 102–587 was repealed by Pub.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 L. 102–587 was repealed by Pub.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 Pacific Fisheries Commission on the date of its termination in a manner that would further the purposes of this chapter. (Pub. L. 102–567, title VIII, § 813, Oct. 29, 1992, 106 Stat. 4316; Pub. L. 102–587, title VIII, § 8013, Nov. 4, 1992, 106 Stat. 5106; 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 identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562. CHAPTER 71—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT Sec. 5101. Findings and purpose. 5102. Definitions. Sec. 5103. State-Federal cooperation in Atlantic coastal fishery management. 5104. State implementation of coastal fishery man- agement plans. 5105. State noncompliance with coastal fishery management plans. 5106. Secretarial action. 5107. Financial assistance. 5107a. State permits valid in certain waters. 5107b. Transition to management of American lob- ster fishery by Commission. 5108. Authorization of appropriations. § 5101. Findings and purpose (a) Findings The Congress finds the following: (1) Coastal fishery resources that migrate, or are widely distributed, across the jurisdic- tional boundaries of two or more of the Atlan- tic States and of the Federal Government are of substantial commercial and recreational importance and economic benefit to the Atlan- tic coastal region and the Nation. (2) Increased fishing pressure, environmental pollution, and the loss and alteration of habi- tat have reduced severely certain Atlantic coastal fishery resources. (3) Because no single governmental entity has exclusive management authority for At- lantic coastal fishery resources, harvesting of such resources is frequently subject to dis- parate, inconsistent, and intermittent State and Federal regulation that has been detri- mental 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 Atlan- tic States Marine Fisheries Commission. It is the responsibility of the Federal Government to support such cooperative interstate man- agement 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 At- lantic 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 re- source conservation and management. (b) Purpose The purpose of this chapter is to support and encourage the development, implementation, and enforcement of effective interstate con- servation and management of Atlantic coastal fishery resources. (Pub. L. 103–206, title VIII, § 802, Dec. 20, 1993, 107 Stat. 2447; Pub. L. 106–555, title I, § 122(b)(1)(A), Dec. 21, 2000, 114 Stat. 2766.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘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 Page 2528 TITLE 16—CONSERVATION § 5102 of title VIII to the Code, see Short Title note below and Tables. AMENDMENTS 2000—Subsec. (a)(3). Pub. L. 106–555, which directed amendment of par. (3) of this section by substituting ‘‘such resources is’’ for ‘‘such resources in’’, was exe- cuted by making the substitution in par. (3) of subsec. (a), to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–555, title I, § 121, Dec. 21, 2000, 114 Stat. 2766, provided that: ‘‘This subtitle [subtitle B (§§ 121, 122) of title I of Pub. L. 106–555, amending this section and sections 5102, 5103, 5106, and 5107a to 5108 of this title and enacting provisions set out as a note under section 5107 of this title] may be cited as the ‘Atlantic Coastal Fisheries Act of 2000’.’’ SHORT TITLE Pub. L. 103–206, title VIII, § 801, Dec. 20, 1993, 107 Stat. 2447, provided that: ‘‘This title [enacting this chapter and amending section 4107 of this title and provisions set out as a note under section 1851 of this title] may be cited as the ‘Atlantic Coastal Fisheries Cooperative Management Act’.’’ § 5102. Definitions In this chapter, the following definitions apply: (1) The term ‘‘coastal fishery management plan’’ means a plan for managing a coastal fishery resource, or an amendment to such plan, prepared and adopted by the Commis- sion, that— (A) contains information regarding the status of the resource and related fisheries; and (B) specifies conservation and manage- ment actions to be taken by the States. (2) The term ‘‘coastal fishery resource’’ means any fishery, any species of fish, or any stock of fish that moves among, or is broadly distributed across, waters under the jurisdic- tion of two or more States or waters under the jurisdiction of one or more States and the ex- clusive economic zone. (3) The term ‘‘Commission’’ means the At- lantic States Marine Fisheries Commission es- tablished under the interstate compact con- sented to and approved by the Congress in Public Laws 77–539 and 81–721. (4) The term ‘‘conservation’’ means the re- storing, rebuilding, and maintaining of any coastal fishery resource and the marine envi- ronment, in order to assure the availability of coastal fishery resources on a long-term basis. (5) The term ‘‘Councils’’ means Regional Fishery Management Councils established under section 1852 of this title. (6) The term ‘‘exclusive economic zone’’ means the exclusive economic zone of the United States established by Proclamation Number 5030, dated March 10, 1983. For the purposes of this chapter, the inner boundary of that zone is a line coterminous with the sea- ward boundary of each of the coastal States, and the outer boundary of that zone is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured. (7) The term ‘‘fish’’ means finfish, mollusks, crustaceans, and all other forms of marine animal life other than marine mammals and birds. (8) The term ‘‘fishery’’ means— (A) one or more stocks of fish that can be treated as a unit for purposes of conserva- tion and management and that are identified on the basis of geographical, scientific, tech- nical, commercial, recreational, or economic characteristics; or (B) any fishing for such stocks. (9) The term ‘‘fishing’’ means— (A) the catching, taking, or harvesting of fish; (B) the attempted catching, taking, or har- vesting of fish; (C) any other activity that can be reason- ably expected to result in the catching, tak- ing, or harvesting of fish; or (D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C). Such term does not include any scientific re- search activity or the catching, taking, or harvesting of fish in an aquaculture operation. (10) The term ‘‘implement and enforce’’ means to enact and implement laws or regula- tions as required to conform with the provi- sions of a coastal fishery management plan and to assure compliance with such laws or regulations by persons participating in a fish- ery that is subject to such plan. (11) The term ‘‘person’’ means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or for- eign government or any entity of any such government. (12) The term ‘‘Secretary’’ means the Sec- retary of Commerce. (13) The term ‘‘State’’ means Maine, New Hampshire, Massachusetts, Rhode Island, Con- necticut, New York, New Jersey, Pennsyl- vania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, the District of Columbia, or the Potomac River Fisheries Commission. (Pub. L. 103–206, title VIII, § 803, Dec. 20, 1993, 107 Stat. 2448; Pub. L. 104–297, title IV, § 404(a), Oct. 11, 1996, 110 Stat. 3619; Pub. L. 106–555, title I, § 122(b)(3), Dec. 21, 2000, 114 Stat. 2766.) Editorial Notes REFERENCES IN TEXT Public Law 77–539, referred to in par. (3), is act May 4, 1942, ch. 283, 56 Stat. 267, which is not classified to the Code. Public Law 81–721, referred to in par. (3), is act Aug. 19, 1950, ch. 763, 64 Stat. 467, which is not classified to the Code. Proclamation Number 5030, referred to in par. (6), is set out as a note under section 1453 of this title. AMENDMENTS 2000—Par. (5). Pub. L. 106–555 made technical amend- ment to reference in original act which appears in text as reference to section 1852 of this title.