§5158 — Title 16 Conservation | U.S. Code

Summary

The Secretary must make rules for fishing Atlantic striped bass in the exclusive economic zone (EEZ). The rules must follow the national standards in section 301 of the Magnuson Act (16 U.S.C. 1851), match any Plan and Federal moratoria in coastal State waters, support the effectiveness of State bass rules, and protect striped bass populations over the long term. When making the rules, the Secretary must talk with the Atlantic States Marine Fisheries Commission, the right Regional Fishery Management Councils, and affected federal, State, and local governments. The Secretary must review the rules from time to time and change them if needed. The penalties and enforcement parts of the Magnuson Act (sections 307–311, 16 U.S.C. 1857–1861) apply to these rules and any related plan as if they were issued under that Act.

Title 16, §5158

Conservation — Source: USLM XML via OLRC

(a)The Secretary shall promulgate regulations governing fishing for Atlantic striped bass in the exclusive economic zone that the Secretary determines—

(1)are consistent with the national standards set forth in section 301 of the Magnuson Act (16 U.S.C. 1851);

(2)are compatible with the Plan and each Federal moratorium in effect on fishing for Atlantic striped bass within the coastal waters of a coastal State;

(3)ensure the effectiveness of State regulations on fishing for Atlantic striped bass within the coastal waters of a coastal State; and

(4)are sufficient to assure the long-term conservation of Atlantic striped bass populations.

(b)In preparing regulations under subsection (a), the Secretary shall consult with the Atlantic States Marine Fisheries Commission, the appropriate Regional Fishery Management Councils, and each affected Federal, State, and local government entity. The Secretary shall periodically review regulations promulgated under subsection (a), and if necessary to ensure their continued consistency with the requirements of subsection (a), shall amend those regulations.

(c)The provisions of section 307, 308, 309, 310, and 311 of the Magnuson 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 and any plan issued under subsection (a) of this section as if such regulations or plan were issued under the Magnuson Act.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 9 of Pub. L. 98–613, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 99–432, § 5, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100–589, § 2, Nov. 3, 1988, 102 Stat. 2984; Pub. L. 102–130, § 2(c), Oct. 17, 1991, 105 Stat. 626, related to the period of effectiveness of sections 1 to 8 of Pub. L. 98–613, prior to repeal by Pub. L. 103–206, title VIII, § 812, formerly § 810, Dec. 20, 1993, 107 Stat. 2453, renumbered § 812, Pub. L. 104–297, title IV, § 404(c), Oct. 11, 1996, 110 Stat. 3619. section 812 of Pub. L. 103–206 was itself repealed by Pub. L. 106–555, title I, § 122(b)(1)(B), (2), Dec. 21, 2000, 114 Stat. 2766.

§5158 Protection of Striped Bass in the Exclusive Economic Zone

Summary

Title 16, §5158

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata