§ 5158. — Protection of striped bass in the exclusive economic zone.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5158]
TITLE 16--CONSERVATION
CHAPTER 71A--ATLANTIC STRIPED BASS CONSERVATION
Sec. 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
In preparing regulations under subsection (a) of this section, the
Secretary shall consult with the Atlantic States Marine Fisheries
Commission, the appropriate Regional Fishery Management Councils, and
each affected Federal, State, and local government entity. The Secretary
shall periodically review regulations promulgated under subsection (a)
of this section, and if necessary to ensure their continued consistency
with the requirements of subsection (a) of this section, shall amend
those regulations.
(c) Applicability of Magnuson Act provisions
The provisions of sections 307, 308, 309, 310, and 311 of the
Magnuson 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 and any plan
issued under subsection (a) of this section as if such regulations or
plan were issued under the Magnuson Act.
(Pub. L. 98-613, Sec. 9, as added Pub. L. 105-146, Sec. 2, Dec. 16,
1997, 111 Stat. 2676.)
Prior Provisions
A prior section 9 of Pub. L. 98-613, Oct. 31, 1984, 98 Stat. 3190;
Pub. L. 99-432, Sec. 5, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100-589,
Sec. 2, Nov. 3, 1988, 102 Stat. 2984; Pub. L. 102-130, Sec. 2(c), Oct.
17, 1991, 105 Stat. 626, related to the period of effectiveness of
sections 1 to 8 of Pub. L. 98-613, prior to repeal by Pub. L. 103-206,
title VIII, Sec. 812, formerly Sec. 810, Dec. 20, 1993, 107 Stat. 2453,
renumbered Sec. 812, Pub. L. 104-297, title IV, Sec. 404(c), Oct. 11,
1996, 110 Stat. 3619. Section 812 of Pub. L. 103-206 was itself repealed
by Pub. L. 106-555, title I, Sec. 122(b)(1)(B), (2), Dec. 21, 2000, 114
Stat. 2766.
