16 U.S.C. § 5107b
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 management plan for American lobster, then the Secretary 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-
Before January 1, 1998, the Secretary shall monitor, on a timely basis, landings of American 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 national 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 Atlantic States Marine Fisheries Commission, implement regulations under section 5103(b) of this title that are necessary for the conservation of American lobster.
Regulations issued under subsection (a) or (b) shall remain in effect until the Secretary implements regulations under section 5103(b) of this title to implement a coastal fishery management plan for American lobster.
16 U.S.C. § 5107b
EDITORIAL NOTES
REFERENCES IN TEXTThis 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, 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 PROVISIONSA prior section 810 of Pub. L. 103-206 which repealed section 9 of Pub. L. 98-613 set out in a note under section 1851 of this title, was renumbered section 812 by Pub. L. 104-297.
AMENDMENTS2000-Subsecs. (a), (b). Pub. L. 106-555 substituted "Magnuson-Stevens Fishery" for "Magnuson Fishery".
- 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.
- Secretary
- The term "Secretary" means the Secretary of Commerce.
- 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.
- exclusive economic zone
- 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 seaward 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.
- 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.