16 U.S.C. § 5151 — Findings and purposes

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- Page 2534 TITLE 16—CONSERVATION § 5152 1 See References in Text note below. torial, local, and tribal governments, the private sec- tor, and others, as appropriate. SEC. 2. Implementation. (a) To carry out the policy set forth in section 1, the Secretary of Commerce shall: (i) encourage, as appropriate, management under Federal, State, territorial, tribal, and local laws that supports the policy of conserving striped bass and red drum, including State designation as gamefish where the State determines appropriate under applicable law; (ii) revise current regulations, as appropriate, to in- clude prohibiting the sale of striped bass and red drum caught within the Exclusive Economic Zone of the United States off the Atlantic Ocean and the Gulf of Mexico; (iii) periodically review the status of the striped bass and red drum populations within waters subject to the jurisdiction of the United States and: (A) take such actions within the authority of the Sec- retary of Commerce as may be appropriate to carry out the policy set forth in section 1 of this order; and (B) recommend to the President such actions as the Secretary may deem appropriate to advance the policy set forth in section 1 that are not within the authority of the Secretary. (b) Nothing in this order shall preclude or restrict the production, possession, or sale of striped bass or red drum fish that have been produced by aquaculture. (c) The Secretary of Commerce shall implement sub- sections 2(a)(i) and (iii), insofar as they relate to Atlan- tic striped bass, jointly with the Secretary of the Inte- rior, as appropriate. SEC. 3. Definitions. As used in this order: (a) ‘‘Exclusive Economic Zone of the United States’’ means the marine area of the United States as defined in Presidential Proclamation 5030 of March 10, 1983, with, for purposes of this order, the inner boundary of that zone being a line coterminous with the seaward boundary of each of the coastal States; (b) ‘‘red drum’’ means the species Sciaenops ocellatus; and (c) ‘‘striped bass’’ means the species Morone saxatilis. SEC. 4. General Provisions. (a) This order shall be im- plemented in a manner consistent with applicable law (including but not limited to interstate compacts to which the United States has consented by law, treaties and other international agreements to which the United States is a party, treaties to which the United States and an Indian tribe are parties, and laws of the United States conferring rights on Indian tribes) and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any other person. GEORGE W. BUSH. § 5152. Definitions As used in this chapter— (1) the term ‘‘Magnuson Act’’ means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (2) The term ‘‘Atlantic striped bass’’ means members of stocks or populations of the spe- cies Morone saxatilis, which ordinarily mi- grate seaward of the waters described in para- graph (3)(A)(i). (3) The term ‘‘coastal waters’’ means— (A) for each coastal State referred to in paragraph (4)(A)— (i) all waters, whether salt or fresh, of the coastal State shoreward of the base- line from which the territorial sea of the United States is measured; and (ii) the waters of the coastal State sea- ward from the baseline referred to in clause (i) to the inner boundary of the ex- clusive economic zone; (B) for the District of Columbia, those wa- ters within its jurisdiction; and (C) for the Potomac River Fisheries Com- mission, those waters of the Potomac River within the boundaries established by the Po- tomac River Compact of 1958. (4) The term ‘‘coastal State’’ means— (A) Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina; (B) the District of Columbia; and (C) the Potomac River Fisheries Commis- sion established by the Potomac River Com- pact of 1958. (5) 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. (6) The term ‘‘exclusive economic zone’’ has the meaning given such term in section 3(6) 1 of the Magnuson Act (16 U.S.C. 1802(6)). (7) The term ‘‘fishing’’ means— (A) the catching, taking, or harvesting of Atlantic striped bass, except when inci- dental to harvesting that occurs in the course of commercial or recreational fish catching activities directed at a species other than Atlantic striped bass; (B) the attempted catching, taking, or har- vesting of Atlantic striped bass; and (C) any operation at sea in support of, or in preparation for, any activity described in subparagraph (A) or (B). The term does not include any scientific re- search authorized by the Federal Government or by any State government. (8) The term ‘‘moratorium area’’ means the coastal waters with respect to which a dec- laration under section 5154(a) of this title ap- plies. (9) The term ‘‘moratorium period’’ means the period beginning on the day on which mor- atorium is declared under section 5154(a) of this title regarding a coastal State and ending on the day on which the Commission notifies the Secretaries that that State has taken ap- propriate remedial action with respect to those matters that were the case of the mora- torium being declared. (10) The term ‘‘Plan’’ means a plan for man- aging Atlantic striped bass, or an amendment to such plan, that is prepared and adopted by the Commission. (11) The term ‘‘Secretary’’ means the Sec- retary of Commerce or a designee of the Sec- retary of Commerce. (12) The term ‘‘Secretaries’’ means the Sec- retary of Commerce and the Secretary of the Interior or their designees. (Pub. L. 98–613, § 3, Oct. 31, 1984, 98 Stat. 3187; Pub. L. 99–432, § 1, Oct. 1, 1986, 100 Stat. 989; Pub.