§ 5107b. — Transition to management of American lobster fishery by Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5107b]
TITLE 16--CONSERVATION
CHAPTER 71--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
Sec. 5107b. Transition to management of American lobster fishery
by Commission
(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) of this section 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.
(Pub. L. 103-206, title VIII, Sec. 810, as added Pub. L. 104-297, title
IV, Sec. 404(c), Oct. 11, 1996, 110 Stat. 3620; amended Pub. L. 106-555,
title I, Sec. 122(b)(3), Dec. 21, 2000, 114 Stat. 2766.)
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, Dec. 20, 1993, 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, 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.
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''.
