Collapse to view only § 5158. Protection of striped bass in the exclusive economic zone
- § 5151. Findings and purposes
- § 5152. Definitions
- § 5153. Monitoring of implementation and enforcement by coastal States
- § 5154. Moratorium
- § 5155. Continuing studies of striped bass populations
- § 5156. Authorization of appropriations; cooperative agreements
- § 5157. Public participation in preparation of management plans and amendments
- § 5158. Protection of striped bass in the exclusive economic zone
§ 5151. Findings and purposes
(a) FindingsThe Congress finds and declares the following:
(1) Atlantic striped bass are of historic commercial and recreational importance and economic benefit to the Atlantic coastal States and to the Nation.
(2) No single government entity has full management authority throughout the range of the Atlantic striped bass.
(3) The population of Atlantic striped bass—
(A) has been subject to large fluctuations due to natural causes, fishing pressure, environmental pollution, loss and alteration of habitat, inadequacy of fisheries conservation and management practices, and other causes; and
(B) risks potential depletion in the future without effective monitoring and conservation and management measures.
(4) It is in the national interest to implement effective procedures and measures to provide for effective interjurisdictional conservation and management of this species.
(b) Purpose
(Pub. L. 98–613, § 2, Oct. 31, 1984, 98 Stat. 3187; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2672.)
§ 5152. DefinitionsAs used in this chapter—
(1) the term “Magnuson Act” means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(2) The term “Atlantic striped bass” means members of stocks or populations of the species Morone saxatilis, which ordinarily migrate seaward of the waters described in paragraph (3)(A)(i).
(3) The term “coastal waters” means—
(A) for each coastal State referred to in paragraph (4)(A)—
(i) all waters, whether salt or fresh, of the coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and
(ii) the waters of the coastal State seaward from the baseline referred to in clause (i) to the inner boundary of the exclusive economic zone;
(B) for the District of Columbia, those waters within its jurisdiction; and
(C) for the Potomac River Fisheries Commission, those waters of the Potomac River within the boundaries established by the Potomac River Compact of 1958.
(4) The term “coastal State” means—
(A) Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina;
(B) the District of Columbia; and
(C) the Potomac River Fisheries Commission established by the Potomac River Compact of 1958.
(5) The term “Commission” means the Atlantic States Marine Fisheries Commission established under the interstate compact consented to and approved by the Congress in Public Laws 77–539 and 81–721.
(6) The term “exclusive economic zone” has the meaning given such term in section 3(6) 1
1 See References in Text note below.
of the Magnuson Act (16 U.S.C. 1802(6)).(7) The term “fishing” means—
(A) the catching, taking, or harvesting of Atlantic striped bass, except when incidental to harvesting that occurs in the course of commercial or recreational fish catching activities directed at a species other than Atlantic striped bass;
(B) the attempted catching, taking, or harvesting of Atlantic striped bass; and
(C) any operation at sea in support of, or in preparation for, any activity described in subparagraph (A) or (B).
The term does not include any scientific research authorized by the Federal Government or by any State government.
(8) The term “moratorium area” means the coastal waters with respect to which a declaration under section 5154(a) of this title applies.
(9) The term “moratorium period” means the period beginning on the day on which moratorium is declared under section 5154(a) of this title regarding a coastal State and ending on the day on which the Commission notifies the Secretaries that that State has taken appropriate remedial action with respect to those matters that were the case of the moratorium being declared.
(10) The term “Plan” means a plan for managing Atlantic striped bass, or an amendment to such plan, that is prepared and adopted by the Commission.
(11) The term “Secretary” means the Secretary of Commerce or a designee of the Secretary of Commerce.
(12) The term “Secretaries” means the Secretary of Commerce and the Secretary of the Interior or their designees.
(Pub. L. 98–613, § 3, Oct. 31, 1984, 98 Stat. 3187; Pub. L. 99–432, § 1, Oct. 1, 1986, 100 Stat. 989; Pub. L. 100–589, § 6(g)(1), Nov. 3, 1988, 102 Stat. 2987; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2673.)
§ 5153. Monitoring of implementation and enforcement by coastal States
(a) Determination
During December of each fiscal year, and at any other time it deems necessary the Commission shall determine—
(1) whether each coastal State has adopted all regulatory measures necessary to fully implement the Plan in its coastal waters; and
(2) whether the enforcement of the Plan by each coastal State is satisfactory.
(b) Satisfactory State enforcement
(c) Notification of Secretaries
(Pub. L. 98–613, § 4, Oct. 31, 1984, 98 Stat. 3188; Pub. L. 99–432, § 2, Oct. 1, 1986, 100 Stat. 989; Pub. L. 100–589, § 4, Nov. 3, 1988, 102 Stat. 2984; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2674.)
§ 5154. Moratorium
(a) Secretarial action after notification
(b) Prohibited acts during moratorium
During a moratorium period, it is unlawful for any person—
(1) to engage in fishing within the moratorium area;
(2) to land, or attempt to land, Atlantic striped bass that are caught, taken, or harvested in violation of paragraph (1);
(3) to land lawfully harvested Atlantic striped bass within the boundaries of a coastal State when a moratorium declared under subsection (a) applies to that State; or
(4) to fail to return to the water Atlantic striped bass to which the moratorium applies that are caught incidental to harvesting that occurs in the course of commercial or recreational fish catching activities, regardless of the physical condition of the striped bass when caught.
(c) Civil penalties
(1) Civil penalty
(2) Civil forfeitures
(A) In general
(B) Disposal of fish
(d) Enforcement
(e) Regulations
(Pub. L. 98–613, § 5, Oct. 31, 1984, 98 Stat. 3189; Pub. L. 99–432, § 3, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100–589, § 6(g)(2), Nov. 3, 1988, 102 Stat. 2988; Pub. L. 102–130, § 2(a), Oct. 17, 1991, 105 Stat. 626; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2674.)
§ 5155. Continuing studies of striped bass populations
(a) In generalFor the purposes of carrying out this chapter, the Secretaries shall conduct continuing, comprehensive studies of Atlantic striped bass stocks. These studies shall include, but shall not be limited to, the following:
(1) Annual stock assessments, using fishery-dependent and fishery-independent data, for the purposes of extending the long-term population record generated by the annual striped bass study conducted by the Secretaries before 1994 and understanding the population dynamics of Atlantic striped bass.
(2) Investigations of the causes of fluctuations in Atlantic striped bass populations.
(3) Investigations of the effects of water quality, land use, and other environmental factors on the recruitment, spawning potential, mortality, and abundance of Atlantic striped bass populations, including the Delaware River population.
(4) Investigations of—
(A) the interactions between Atlantic striped bass and other fish, including bluefish, menhaden, mackerel, and other forage fish or possible competitors, stock assessments of these species, to the extent appropriate; and
(B) the effects of interspecies predation and competition on the recruitment, spawning potential mortality, and abundance of Atlantic striped bass.
(b) Socio-economic study
(c) Reports
(Pub. L. 98–613, § 6, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2675.)
§ 5156. Authorization of appropriations; cooperative agreements
(a) Authorization
For each of fiscal years 2007, 2008, 2009, 2010,1
1 So in original. Probably should be followed by “and”.
2011, there are authorized to be appropriated to carry out this chapter—(1) $1,000,000 to the Secretary of Commerce; and
(2) $250,000 to the Secretary of the Interior.
(b) Cooperative agreements
(Pub. L. 98–613, § 7, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 99–432, § 4, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100–589, § 1, Nov. 3, 1988, 102 Stat. 2984; Pub. L. 102–130, § 2(b), Oct. 17, 1991, 105 Stat. 626; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2676; Pub. L. 106–555, title I, § 101, Dec. 21, 2000, 114 Stat. 2765; Pub. L. 109–479, title III, § 302(a), Jan. 12, 2007, 120 Stat. 3623.)
§ 5157. Public participation in preparation of management plans and amendments
(a) Standards and procedures
(b) Application
(Pub. L. 98–613, § 8, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2676.)
§ 5158. Protection of striped bass in the exclusive economic zone
(a) Regulation of fishing in exclusive economic zone
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) Consultation; periodic review of regulations
(c) Applicability of Magnuson Act provisions
(Pub. L. 98–613, § 9, as added Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2676.)