16 U.S.C. § 5158
The Secretary shall promulgate regulations governing fishing for Atlantic striped bass in the exclusive economic zone that the Secretary determines-
In preparing regulations under subsection (a), 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), and if necessary to ensure their continued consistency with the requirements of subsection (a), shall amend those regulations.
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.
16 U.S.C. § 5158
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 9 of Pub. L. 98-613, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 99-432, §5, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100-589, §2, Nov. 3, 1988, 102 Stat. 2984; Pub. L. 102-130, §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, §812, formerly §810, Dec. 20, 1993, 107 Stat. 2453, renumbered §812, Pub. L. 104-297, title IV, §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 L. 103-206 was itself repealed by Pub.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, §122(b)(1)(B), (2), Dec. 21, 2000, 114 Stat. 2766.
- 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.
- 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.
- Magnuson Act
- the term "Magnuson Act" means the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.).