16 U.S.C. § 5158 — Protection of striped bass in the exclusive economic zone
submitted 29 years ago by Pub. L. 98-613 to r/title-16-CONSERVATION · 245 words · no verdicts yet
This section sets rules about Protection of striped bass in the exclusive economic zone. It states the requirements, permissions, and limits described below.
(a)
Regulation of fishing* in exclusive economic zone* The Secretary* must 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) Consultation; periodic review of regulations In preparing regulations under subsection
(a), the Secretary must 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 must periodically review regulations promulgated under subsection
(a), and if necessary to ensure their continued consistency with the requirements of subsection
(a), must amend those regulations.
(c)
Applicability of Magnuson Act provisions The provisions of sections 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 must apply for regulations and any plan issued under subsection
(a) of this section as if such regulations or plan were issued under the Magnuson Act.
The Secretary* shall promulgate regulations governing fishing for Atlantic striped bass* in the exclusive economic zone that the Secretary determines—
are consistent with the national standards set forth in section 301 of the Magnuson Act* (16 U.S.C. 1851);
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*;
ensure the effectiveness of State regulations on fishing for Atlantic striped bass within the coastal waters of a coastal State; and
are sufficient to assure the long-term conservation of Atlantic striped bass populations.
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.
The provisions of sections 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.
Source credit: (Pub. L. 98–613, § 9, as added Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2676.)
- 1997Enacted · Pub. L. 98-613 · 111 Stat. 2676
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-613 on 1997-12-16.
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