§ 5154. — Moratorium.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5154]
TITLE 16--CONSERVATION
CHAPTER 71A--ATLANTIC STRIPED BASS CONSERVATION
Sec. 5154. Moratorium
(a) Secretarial action after notification
Upon receiving notice from the Commission under section 5153(c) of
this title of a negative determination regarding a coastal State, the
Secretaries shall determine jointly, within 30 days, whether that
coastal State is in compliance with the Plan and, if the State is not in
compliance, the Secretaries shall declare jointly a moratorium on
fishing for Atlantic striped bass within the coastal waters of that
coastal State. In making such a determination, the Secretaries shall
carefully consider and review the comments of the Commission and that
coastal State in question.
(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) of this section 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
Any person who commits any act that is unlawful under subsection
(b) of this section shall be liable to the United States for a civil
penalty as provided by section 308 of the Magnuson Act (16 U.S.C.
1858).
(2) Civil forfeitures
(A) In general
Any vessel (including its gear, equipment, appurtenances,
stores, and cargo) used, and any fish (or the fair market value
thereof) taken or retained, in any manner, in connection with,
or as the result of, the commission of any act that is unlawful
under subsection (b) of this section shall be subject to
forfeiture to the United States as provided in section 310 of
the Magnuson Act (16 U.S.C. 1860).
(B) Disposal of fish
Any fish seized pursuant to this chapter may be disposed of
pursuant to the order of a court of competent jurisdiction, or,
if perishable, in a manner prescribed in regulations.
(d) Enforcement
A person authorized by the Secretaries or the Secretary of the
department in which the Coast Guard is operating may take any action to
enforce a moratorium declared under subsection (a) of this section that
an officer authorized by the Secretary under section 311(b) of the
Magnuson Act (16 U.S.C. 1861(b)) may take to enforce that Act (16 U.S.C.
1801 et seq.). The Secretaries may, by agreement, on a reimbursable
basis or otherwise, utilize the personnel, services, equipment
(including aircraft and vessels), and facilities of any other Federal
department or agency and of any agency of a State in carrying out that
enforcement.
(e) Regulations
The Secretaries may issue regulations to implement this section.
(Pub. L. 98-613, Sec. 5, Oct. 31, 1984, 98 Stat. 3189; Pub. L. 99-432,
Sec. 3, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100-589, Sec. 6(g)(2), Nov.
3, 1988, 102 Stat. 2988; Pub. L. 102-130, Sec. 2(a), Oct. 17, 1991, 105
Stat. 626; 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. 2674.)
Amendments
1997--Pub. L. 105-146 amended section catchline and text generally.
Prior to amendment, section defined terms ``moratorium area'' and
``moratorium period'', prohibited acts during moratorium, and provided
for penalties, forefeitures, and enforcement.
1996--Subsec. (e)(2). Pub. L. 104-208 substituted ``Magnuson-Stevens
Fishery'' for ``Magnuson Fishery''.
1991--Subsec. (e). Pub. L. 102-130 designated existing provisions as
par. (1) and added pars. (2) and (3).
1988--Subsecs. (c)(2), (d)(2). Pub. L. 100-589 substituted
``Magnuson Act'' for ``Act of 1976''.
1986--Pub. L. 99-432, Sec. 3(b), which directed the substitution of
``Secretaries'' for ``Secretary'', was executed by making the
substitution in subsec. (a)(2), in three places in subsec. (c), and in
two places in subsec. (e) to reflect the probable intent of Congress.
Pub. L. 99-432, Sec. 3(a), which directed the substitution of
``section 5153(b)'' for ``section 5153(d)'', was executed by making the
substitution in subsecs. (a)(1), (2), (b)(3), and (e) to reflect the
probable intent of Congress.
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.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in section 5152 of this title.
