§ 5103. State-Federal cooperation in Atlantic coastal fishery management

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1993

   Atlantic Coastal Fisheries Cooperative Management Act

   Pub. L. 103–206 title VIII § 804 · 107 Stat. 2419

   Enacted · 16 U.S.C. § 5103

   Pub. L. 103–206, title VIII, § 804, Dec. 20, 1993, 107 Stat. 2449

   Source evidence

   Code source credit
   Pub. L. 103–206, title VIII, § 804, Dec. 20, 1993, 107 Stat. 2449

   Enacted provision · exact public law section
   SEC. 804. STATE-FEDERAL COOPERATION IN ATLANTIC COASTAL FISHERY MANAGEMENT. (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 coopera-tion 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 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) necessary to support the effective implementation of a coastal fishery management plan; and (B) consistent with the national standards set forth in section 301 of the Magnuson 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 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 sections 307, 308, 309, 310, and 311 of the Magnuson 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 Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

2. 1996

   Sustainable Fisheries Act

   Pub. L. 104–297 title IV § 404(b) · 110 Stat. 3559

   Substituted · 16 U.S.C. § 5103(b)(1)(A)

   Pub. L. 104–297 substituted “compatible with” for “necessary to support”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 104–297 substituted “compatible with” for “necessary to support”.

   Enacted provision · exact public law section
   (b) Implementation Standard for Federal Regulation.— Subparagraph (A) of section 804(b)(1) of such Act (16 U.S.C. 5103(b)(1)) is amended by striking “necessary to support” and inserting “compatible with”.

3. 2000

   Atlantic Coastal Fisheries Act of 2000

   Pub. L. 106–555 title I § 122(b)(3) · 114 Stat. 2765

   Substituted · 16 U.S.C. § 5103(b)

   Pub. L. 106–555 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–555 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery” wherever appearing.

   Enacted provision · exact public law section
   (3) Short title references.— Such Act is further amended by striking “Magnuson Fishery” each place it appears and inserting “Magnuson-Stevens Fishery”.

3 of 3 references resolved to an enrolled provision