PRIA, Government Policy, Made Personal

Summary

The Secretary, together with the Secretary of the Interior, must set up and run a program to help the states work together on Atlantic coastal fishery management. The program must help states collect and manage fishery data, enforce rules, protect habitat, do fishery research (both biological and socioeconomic), and plan fishery management. If there is no approved fishery management plan under the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.), the Secretary, after consulting the regional Councils, may make rules for fishing in the exclusive economic zone. Those rules must fit with a coastal fishery plan and follow the national standards in section 301 (16 U.S.C. 1851). The Secretary may use Commission recommendations, but any later Magnuson-Stevens plan rules will replace conflicting ones. The penalties and enforcement rules in sections 307–311 (16 U.S.C. 1857–1861) apply to these rules as if they were issued under the Magnuson-Stevens Act.

Title 16, §5103

Conservation, Source: USLM XML via OLRC

(a)Federal support for State coastal fisheries programs

The Secretary in cooperation with the Secretary of the Interior shall develop and implement a program to support the interstate fishery management efforts of the Commission. The program shall include activities to support and enhance State cooperation in collection, management, and analysis of fishery data; law enforcement; habitat conservation; fishery research, including biological and socioeconomic research; and fishery management planning.

(b)Federal regulation in exclusive economic zone

(1)In the absence of an approved and implemented 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 Councils, the Secretary may implement regulations to govern fishing in the exclusive economic zone that are—

(A)compatible with the effective implementation of a coastal fishery management plan; and

(B)consistent with the national standards set forth in section 301 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851).

The regulations may include measures recommended by the Commission to the Secretary that are necessary to support the provisions of the coastal fishery management plan. Regulations 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 section 307, 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement shall apply with respect 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.).

Notes & Related Subsidiaries

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 “Magnuson-Stevens Fishery” for “Magnuson Fishery” wherever appearing. 1996—Subsec. (b)(1)(A). Pub. L. 104–297 substituted “compatible with” for “necessary to support”.

§5103 State-federal Cooperation in Atlantic Coastal Fishery Management