§ 5152. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5152]
TITLE 16--CONSERVATION
CHAPTER 71A--ATLANTIC STRIPED BASS CONSERVATION
Sec. 5152. Definitions
As 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\ of the Magnuson Act (16 U.S.C.
1802(6)).
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\1\ See References in Text note below.
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(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, Sec. 3, Oct. 31, 1984, 98 Stat. 3187; Pub. L. 99-432,
Sec. 1, Oct. 1, 1986, 100 Stat. 989; Pub. L. 100-589, Sec. 6(g)(1), Nov.
3, 1988, 102 Stat. 2987; Pub. L. 104-208, div. A, title I, Sec. 101(a)
[title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub.
L. 105-146, Sec. 2, Dec. 16, 1997, 111 Stat. 2673.)
References in Text
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in par. (1), 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.
Public Law 77-539, referred to in par. (5), is act May 4, 1942, ch.
283, 56 Stat. 267, which is not classified to the Code.
Public Law 81-721, referred to in par. (5), is act Aug. 19, 1950,
ch. 763, 64 Stat. 467, which is not classified to the Code.
Section 3(6) of the Magnuson Act, referred to in par. (6), was
redesignated section 3(11) of that Act, by Pub. L. 104-297, title I,
Sec. 102(1), (3), Oct. 11, 1996, 110 Stat. 3561.
Amendments
1997--Pub. L. 105-146 amended section catchline and text generally,
substituting present provisions for provisions which defined the terms
``Magnuson Act'' in par. (1), ``Atlantic striped bass'' in par. (2),
``coastal waters'' in par. (3), ``coastal State'' in par. (4),
``Commission'' in par. (5), ``fishing'' in par. (6), ``Plan'' in par.
(7), ``Secretary'' in par. (8), and ``Secretaries'' in par. (9).
1996--Par. (1). Pub. L. 104-208 substituted ``Magnuson-Stevens
Fishery'' for ``Magnuson Fishery''.
1988--Par. (1). Pub. L. 100-589 amended par. (1) generally. Prior to
amendment, par. (1) read as follows: ``The term `Act of 1976' means the
Act entitled `An Act to provide for the conservation and management of
the fisheries, and for other purposes', approved April 13, 1976 (16
U.S.C. 1801 et seq.).''
1986--Pars. (2) to (4). Pub. L. 99-432 amended pars. (2) to (4)
generally. Prior to amendment, pars. (2) to (4) read as follows:
``(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).
``(3) The term `coastal waters' means--
``(A) all waters, whether salt or fresh, of a coastal State
shoreward of the baseline from which the territorial sea of the
United States is measured; and
``(B) the waters of a coastal State seaward from the baseline
referred to in subparagraph (A) to the inner boundary of the
exclusive economic zone.
``(4) The term `coastal State' means Pennsylvania and each State of
the United States bordering on the Atlantic Ocean north of the State of
South Carolina.''
Effective Date of 1996 Amendment
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208
provided that the amendment made by that section is effective 15 days
after Oct. 11, 1996.
