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16 U.S.C. § 5107b — Transition to management of American lobster fishery by Commission

submitted 30 years ago by Pub. L. 103-206 to r/title-16-CONSERVATION · 296 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section required interim limits on lobster landings if the required management-plan regulations were not issued by the stated deadline. It also required monitoring and allowed conservation regulations until the plan was implemented.

(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 must 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 of it) at any location within the United States in excess of— (1) 100 lobsters (or parts of it) for each fishing trip of 24 hours or less duration (up to a maximum of 500 lobsters, or parts of it, during any 5-day period); or (2) 500 lobsters (or parts of it) for a fishing trip of 5 days or longer. (b) Secretary to monitor landings Before January 1, 1998 , the Secretary must 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) must 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.

the actual law source: uscode.house.gov ↗public domain
(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)

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

(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.

Source credit: (Pub. L. 103–206, title VIII, § 810, as added Pub. L. 104–297, title IV, § 404(c), Oct. 11, 1996, 110 Stat. 3620; amended Pub. L. 106–555, title I, § 122(b)(3), Dec. 21, 2000, 114 Stat. 2766.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 103-206 · 110 Stat. 3620
  • 2000Amended · Pub. L. 106-555 · 114 Stat. 2766

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-206 on 1996-10-11.

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