16 U.S.C. § 5154
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.
During a moratorium period, it is unlawful for any person-
Any person who commits any act that is unlawful under subsection (b) 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 ).
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) shall be subject to forfeiture to the United States as provided in section 310 of the Magnuson Act ( 16 U.S.C. 1860 ).
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.
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) 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.
The Secretaries may issue regulations to implement this section.
16 U.S.C. § 5154
EDITORIAL NOTES
AMENDMENTS1997- 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, forfeitures, 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, §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, §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.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104-208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
TRANSFER OF FUNCTIONSFor 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.
- Atlantic striped bass
- 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).
- Commission
- 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.
- Plan
- 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.
- Secretaries
- The term "Secretaries" means the Secretary of Commerce and the Secretary of the Interior or their designees.1 See References in Text note below.
- Secretary
- The term "Secretary" means the Secretary of Commerce or a designee of the Secretary of Commerce.
- coastal State
- 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.
- coastal waters
- 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.
- moratorium area
- The term "moratorium area" means the coastal waters with respect to which a declaration under section 5154(a) of this title applies.
- moratorium period
- 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.
- Magnuson Act
- the term "Magnuson Act" means the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.).