16 U.S.C. § 5102 — Definitions

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. Page 2529 TITLE 16—CONSERVATION § 5104 1996—Par. (1). Pub. L. 104–297 inserted ‘‘and’’ after semicolon in subpar. (A), substituted ‘‘States.’’ for ‘‘States; and’’ in subpar. (B), and struck out subpar. (C) which read as follows: ‘‘recommends actions to be taken by the Secretary in the exclusive economic zone to conserve and manage the fishery.’’ Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. § 5103. State-Federal cooperation in Atlantic coastal fishery management (a) Federal support for State coastal fisheries programs The Secretary in cooperation with the Sec- retary of the Interior shall develop and imple- ment a program to support the interstate fish- ery management efforts of the Commission. The program shall include activities to support and enhance State cooperation in collection, man- agement, and analysis of fishery data; law en- forcement; habitat conservation; fishery re- search, including biological and socioeconomic research; and fishery management planning. (b) Federal regulation in exclusive economic zone (1) In the absence of an approved and imple- mented fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and after consultation with the appropriate Coun- cils, the Secretary may implement regulations to govern fishing in the exclusive economic zone that are— (A) compatible with the effective implemen- tation of a coastal fishery management plan; and (B) consistent with the national standards set forth in section 301 of the Magnuson-Ste- vens Fishery Conservation and Management Act (16 U.S.C. 1851). The regulations may include measures rec- ommended by the Commission to the Secretary that are necessary to support the provisions of the coastal fishery management plan. Regula- tions issued by the Secretary to implement an approved fishery management plan prepared by the appropriate Councils or the Secretary under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) shall supersede any conflicting regulations issued by the Secretary under this subsection. (2) The provisions of sections 307, 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) regarding prohibited acts, civil penalties, criminal offenses, civil for- feitures, and enforcement shall apply with re- spect to regulations issued under this subsection as if such regulations were issued under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (Pub. L. 103–206, title VIII, § 804, Dec. 20, 1993, 107 Stat. 2449; Pub. L. 104–297, title IV, § 404(b), 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 The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b), 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—Subsec. (b). Pub. L. 106–555 substituted ‘‘Magnu- son-Stevens Fishery’’ for ‘‘Magnuson Fishery’’ wher- ever appearing. 1996—Subsec. (b)(1)(A). Pub. L. 104–297 substituted ‘‘compatible with’’ for ‘‘necessary to support’’. § 5104. State implementation of coastal fishery management plans (a) Coastal fishery management plans (1) The Commission shall prepare and adopt coastal fishery management plans to provide for the conservation of coastal fishery resources. In preparing a coastal fishery management plan for a fishery that is located in both State waters and the exclusive economic zone, the Commis- sion shall consult with appropriate Councils to determine areas where such coastal fishery man- agement plan may complement Council fishery management plans. The coastal fishery manage- ment plan shall specify the requirements nec- essary for States to be in compliance with the plan. Upon adoption of a coastal fishery man- agement plan, the Commission shall identify each State that is required to implement and enforce that plan. (2) Within 1 year after December 20, 1993, the Commission shall establish standards and proce- dures to govern the preparation of coastal fish- ery management plans under this chapter, in- cluding standards and procedures to ensure that— (A) such plans promote the conservation of fish stocks throughout their ranges and are based on the best scientific information avail- able; and (B) the Commission provides adequate op- portunity for public participation in the plan preparation process, including at least four public hearings and procedures for the submis- sion of written comments to the Commission. (b) State implementation and enforcement (1) Each State identified under subsection (a) with respect to a coastal fishery management plan shall implement and enforce the measures of such plan within the timeframe established in the plan. (2) Within 90 days after December 20, 1993, the Commission shall establish a schedule of time- frames within which States shall implement and enforce the measures of coastal fishery manage- ment plans in existence before December 20, 1993. No such timeframe shall exceed 12 months after the date on which the schedule is adopted. (c) Commission monitoring of State implementa- tion and enforcement The Commission shall, at least annually, re- view each State’s implementation and enforce- ment of coastal fishery management plans for