§ 5103. — StateFederal cooperation in Atlantic coastal fishery management.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5103]
TITLE 16--CONSERVATION
CHAPTER 71--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
Sec. 5103. 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 cooperation 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-Stevens 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) compatible with the effective implementation of a coastal
fishery management plan; and
(B) consistent with the national standards set forth in section
301 of the Magnuson-Stevens 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-Stevens 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-Stevens 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-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
(Pub. L. 103-206, title VIII, Sec. 804, Dec. 20, 1993, 107 Stat. 2449;
Pub. L. 104-297, title IV, Sec. 404(b), Oct. 11, 1996, 110 Stat. 3619;
Pub. L. 106-555, title I, Sec. 122(b)(3), Dec. 21, 2000, 114 Stat.
2766.)
References in Text
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in subsec. (b), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat.
331, as amended, which is classified principally to chapter 38
(Sec. 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.
Amendments
2000--Subsec. (b). Pub. L. 106-555 substituted ``Magnuson-Stevens
Fishery'' for ``Magnuson Fishery'' wherever appearing.
1996--Subsec. (b)(1)(A). Pub. L. 104-297 substituted ``compatible
with'' for ``necessary to support''.
Section Referred to in Other Sections
This section is referred to in section 5107b of this title.
