Within 30 days after receiving a notification from the Commission under section 5105(b) of this title and after review of the Commission's determination of noncompliance, the Secretary shall make a finding on-
In making a finding under subsection (a), the Secretary shall-
The Secretary may issue regulations necessary to implement this section. Such regulations-
During the time in which a moratorium under this section is in effect, it is unlawful for any person to-
A person authorized by the Secretary or the Secretary of the department in which the Coast Guard is operating may take any action to enforce a moratorium declared under subsection (c) of this section that an officer authorized by the Secretary under section 311(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(b)) may take to enforce that Act [16 U.S.C. 1801 et seq.]. The Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal department or agency and of any agency of a State in carrying out that enforcement.
16 U.S.C. § 5106
EDITORIAL NOTES
REFERENCES IN TEXTThe Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (h), 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.
AMENDMENTS2000-Subsecs. (f) to (h). Pub. L. 106-555 substituted "Magnuson-Stevens Fishery" for "Magnuson Fishery" wherever appearing.
STATUTORY NOTES AND RELATED SUBSIDIARIES
TRANSFER OF FUNCTIONSFor transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
- Commission
- The term "Commission" means the Atlantic States Marine Fisheries Commission established under the interstate compact consented to and approved by the Congress in Public Laws 77-539 and 81-721.
- Councils
- The term "Councils" means Regional Fishery Management Councils established under section 1852 of this title.
- Secretary
- The term "Secretary" means the Secretary of Commerce.
- State
- The term "State" means Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, the District of Columbia, or the Potomac River Fisheries Commission.
- coastal fishery management plan
- 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 Commission, that-(A) contains information regarding the status of the resource and related fisheries; and(B) specifies conservation and management actions to be taken by the States.
- conservation
- The term "conservation" means the restoring, rebuilding, and maintaining of any coastal fishery resource and the marine environment, in order to assure the availability of coastal fishery resources on a long-term basis.
- fish
- The term "fish" means finfish, mollusks, crustaceans, and all other forms of marine animal life other than marine mammals and birds.
- fishery
- The term "fishery" means-(A) one or more stocks of fish that can be treated as a unit for purposes of conservation and management and that are identified on the basis of geographical, scientific, technical, commercial, recreational, or economic characteristics; or(B) any fishing for such stocks.
- fishing
- The term "fishing" means-(A) the catching, taking, or harvesting of fish;(B) the attempted catching, taking, or harvesting of fish;(C) any other activity that can be reasonably expected to result in the catching, taking, 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 research activity or the catching, taking, or harvesting of fish in an aquaculture operation.
- implement and enforce
- The term "implement and enforce" means to enact and implement laws or regulations as required to conform with the provisions of a coastal fishery management plan and to assure compliance with such laws or regulations by persons participating in a fishery that is subject to such plan.
- person
- 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 foreign government or any entity of any such government.