16 U.S.C. § 5107b: Transition to management of…

Summary

If no coastal management rules for American lobster are in place by December 31, 1997, the Secretary must issue temporary rules by March 1, 1998. Those rules will stop boats that catch lobsters in the exclusive economic zone by anything other than pots or traps from landing more than 100 lobsters (or parts) per trip of 24 hours or less, with a 500-lobster cap for any 5-day period, or 500 lobsters for trips of 5 days or more. Before January 1, 1998, the Secretary must watch lobster landings. If catches by non-pot/trap boats rise a lot, the Secretary can adopt conservation rules under section 5103(b). The Secretary must follow national fishery standards, allow public comment, and consult the Atlantic States Marine Fisheries Commission. Any temporary rules stay in place until the full coastal lobster plan under section 5103(b) is put into effect.

Title 16, §5107b

Conservation, Source: USLM XML via OLRC

(a)Temporary limits

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— (1)

(2)500 lobsters (or parts thereof) for a fishing trip of 5 days or longer.

(b)Secretary to monitor landings

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.

(c)Regulations to remain in effect until plan implemented

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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This 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, Dec. 20, 1993, 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 Provisions

A 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.

Amendments

2000—Subsecs. (a), (b). Pub. L. 106–555 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.

§5107b Transition to Management of American Lobster Fishery by Commission

Summary

Title 16, §5107b

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Prior Provisions

Amendments

Citations & Metadata