§5152 — Title 16 Conservation | U.S. Code

Summary

Defines key words used in the chapter. Magnuson Act means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). Atlantic striped bass means fish of the species Morone saxatilis that normally migrate seaward of the coastal waters defined here. Coastal waters means, for each coastal State, the waters shoreward of the baseline used for the U.S. territorial sea and the waters seaward from that baseline to the inner edge of the exclusive economic zone; for the District of Columbia it means waters under its jurisdiction; for the Potomac River Fisheries Commission it means the Potomac River waters set by the 1958 Compact. Coastal State means Pennsylvania, any State on the Atlantic north of South Carolina, the District of Columbia, and the Potomac River Fisheries Commission (1958 Compact). Commission means the Atlantic States Marine Fisheries Commission created under the interstate compact approved in Public Laws 77–539 and 81–721. Exclusive economic zone has the meaning in section 3(6) of the Magnuson Act (16 U.S.C. 1802(6)). Fishing means catching, trying to catch, or any sea operation that supports those activities, except when striped bass are taken only incidentally while targeting other species. Moratorium area means the coastal waters subject to a declaration under section 5154(a). Moratorium period starts the day a moratorium is declared under section 5154(a) for a coastal State and ends when the Commission tells the Secretaries that the State has taken appropriate remedial action for the issues that caused the moratorium. Plan means a management plan or amendment for Atlantic striped bass adopted by the Commission. Secretary means the Secretary of Commerce or a designee. Secretaries means the Secretary of Commerce and the Secretary of the Interior or their designees.

Title 16, §5152

Conservation — Source: USLM XML via OLRC

As used in this chapter—

(1)the term “Magnuson Act” means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(2)The term “Atlantic striped bass” means members of stocks or populations of the species Morone saxatilis, which ordinarily migrate seaward of the waters described in paragraph (3)(A)(i).

(3)The term “coastal waters” means—

(A)for each coastal State referred to in paragraph (4)(A)—

(i)all waters, whether salt or fresh, of the coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and

(ii)the waters of the coastal State seaward from the baseline referred to in clause (i) to the inner boundary of the exclusive economic zone;

(B)for the District of Columbia, those waters within its jurisdiction; and

(C)for the Potomac River Fisheries Commission, those waters of the Potomac River within the boundaries established by the Potomac River Compact of 1958.

(4)The term “coastal State” means—

(A)Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina;

(B)the District of Columbia; and

(C)the Potomac River Fisheries Commission established by the Potomac River Compact of 1958.

(5)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.

(6)The term “exclusive economic zone” has the meaning given such term in section 3(6) 11 See References in Text note below. of the Magnuson Act (16 U.S.C. 1802(6)).

(7)The term “fishing” means—

(A)the catching, taking, or harvesting of Atlantic striped bass, except when incidental to harvesting that occurs in the course of commercial or recreational fish catching activities directed at a species other than Atlantic striped bass;

(B)the attempted catching, taking, or harvesting of Atlantic striped bass; and

(C)any operation at sea in support of, or in preparation for, any activity described in subparagraph (A) or (B).

(8)The term “moratorium area” means the coastal waters with respect to which a declaration under section 5154(a) of this title applies.

(9)The term “moratorium period” means the period beginning on the day on which moratorium is declared under section 5154(a) of this title regarding a coastal State and ending on the day on which the Commission notifies the Secretaries that that State has taken appropriate remedial action with respect to those matters that were the case of the moratorium being declared.

(10)The term “Plan” means a plan for managing Atlantic striped bass, or an amendment to such plan, that is prepared and adopted by the Commission.

(11)The term “Secretary” means the Secretary of Commerce or a designee of the Secretary of Commerce.

(12)The term “Secretaries” means the Secretary of Commerce and the Secretary of the Interior or their designees.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (1), 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. Public Law 77–539, referred to in par. (5), 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. (5), is act Aug. 19, 1950, ch. 763, 64 Stat. 467, which is not classified to the Code. section 3(6) of the Magnuson Act, referred to in par. (6), was redesignated section 3(11) of that Act, by Pub. L. 104–297, title I, § 102(1), (3), Oct. 11, 1996, 110 Stat. 3561.

Amendments

1997—Pub. L. 105–146 amended section catchline and text generally, substituting present provisions for provisions which defined the terms “Magnuson Act” in par. (1), “Atlantic striped bass” in par. (2), “coastal waters” in par. (3), “coastal State” in par. (4), “Commission” in par. (5), “fishing” in par. (6), “Plan” in par. (7), “Secretary” in par. (8), and “Secretaries” in par. (9). 1996—Par. (1). Pub. L. 104–208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”. 1988—Par. (1). Pub. L. 100–589 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘Act of 1976’ means the Act entitled ‘An Act to provide for the conservation and management of the fisheries, and for other purposes’, approved April 13, 1976 (16 U.S.C. 1801 et seq.).” 1986—Pars. (2) to (4). Pub. L. 99–432 amended pars. (2) to (4) generally. Prior to amendment, pars. (2) to (4) read as follows: “(2) The term ‘Atlantic striped bass’ means members of stocks or populations of the species Morone saxatilis, which ordinarily migrate seaward of the waters described in paragraph (3)(A). “(3) The term ‘coastal waters’ means— “(A) all waters, whether salt or fresh, of a coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and “(B) the waters of a coastal State seaward from the baseline referred to in subparagraph (A) to the inner boundary of the exclusive economic zone. “(4) The term ‘coastal State’ means Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 Amendment Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.

§5152 Definitions