Title 16 — Conservation
Chapter 71 — Atlantic Coastal Fisheries Cooperative Management
§ 5107b. Transition to management of American lobster fishery by Commission
Statutory text
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 , to implement a coastal fishery management plan for American lobster, then the Secretary shall issue interim regulations before , 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—
100 lobsters (or parts thereof) for each fishing trip of 24 hours or less duration (up to a maximum of 500 lobsters, or parts thereof, during any 5-day period); or
500 lobsters (or parts thereof) for a fishing trip of 5 days or longer.
Secretary to monitor landings
Before , 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.
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.
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.
Atlantic Coastal Fisheries Cooperative Management Act
Pub. L. 103–206 title VIII § 810 · 107 Stat. 2419
Enacted · 16 U.S.C. § 5107b
Pub. L. 103–206, title VIII, § 810, as added Pub. L. 104–297, title IV, § 404(c), Oct. 11, 1996, 110 Stat. 3620
Source evidence
Code source credit
Pub. L. 103–206, title VIII, § 810, as added Pub. L. 104–297, title IV, § 404(c), Oct. 11, 1996, 110 Stat. 3620Enacted provision · exact public law section
SEC. 810. ATLANTIC STRIPED BASS CONSERVATION ACT. Section 9 of the Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is repealed.Atlantic Coastal Fisheries Act of 2000
Pub. L. 106–555 title I § 122(b)(3) · 114 Stat. 2765
Substituted · 16 U.S.C. § 5107b(a); 16 U.S.C. § 5107b(b)
Pub. L. 106–555 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 106–555 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.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”.
2 of 2 references resolved to an enrolled provision
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, , 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, , 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”.
Credits
1996–2000 · 2 acts
- 1996Pub. L. 103–206, title VIII, § 810, as added Pub. L. 104–297, title IV, § 404(c), , 110 Stat. 3620
- 2000amended Pub. L. 106–555, title I, § 122(b)(3), , 114 Stat. 2766.
Show as published
(Pub. L. 103–206, title VIII, § 810, as added Pub. L. 104–297, title IV, § 404(c), , 110 Stat. 3620; amended Pub. L. 106–555, title I, § 122(b)(3), , 114 Stat. 2766.)