dreamproit/uscode huggingface dataset:
16 U.S.C. § 5104 (CONSERVATION)
§ 5104. State implementation of coastal fishery management plans
(a) Coastal fishery management plans
(1) The Commission shall prepare and adopt coastal fishery management plans to provide for the conservation of coastal fishery resources. In preparing a coastal fishery management plan for a fishery that is located in both State waters and the exclusive economic zone, the Commission shall consult with appropriate Councils to determine areas where such coastal fishery management plan may complement Council fishery management plans. The coastal fishery management plan shall specify the requirements necessary for States to be in compliance with the plan. Upon adoption of a coastal fishery management plan, the Commission shall identify each State that is required to implement and enforce that plan.
(2) Within 1 year after December 20, 1993, the Commission shall establish standards and procedures to govern the preparation of coastal fishery management plans under this chapter, including standards and procedures to ensure that—
(A) such plans promote the conservation of fish stocks throughout their ranges and are based on the best scientific information available; and
(B) the Commission provides adequate opportunity for public participation in the plan preparation process, including at least four public hearings and procedures for the submission of written comments to the Commission.
(b) State implementation and enforcement
(1) Each State identified under subsection (a) with respect to a coastal fishery management plan shall implement and enforce the measures of such plan within the timeframe established in the plan.
(2) Within 90 days after December 20, 1993, the Commission shall establish a schedule of timeframes within which States shall implement and enforce the measures of coastal fishery management plans in existence before December 20, 1993. No such timeframe shall exceed 12 months after the date on which the schedule is adopted.
(c) Commission monitoring of State implementation and enforcement
The Commission shall, at least annually, review each State’s implementation and enforcement of coastal fishery management plans for the purpose of determining whether such State is effectively implementing and enforcing each such plan. Upon completion of such reviews, the Commission shall report the results of the reviews to the Secretaries.
(Pub. L. 103–206, title VIII, § 805, Dec. 20, 1993, 107 Stat. 2450.)
16 U.S.C. § 5105 (CONSERVATION)
§ 5105. State noncompliance with coastal fishery management plans
(a) Noncompliance determination
The Commission shall determine that a State is not in compliance with the provisions of a coastal fishery management plan if it finds that the State has not implemented and enforced such plan within the timeframes established under the plan or under section 5104 of this title.
(b) Notification
Upon making any determination under subsection (a), the Commission shall within 10 working days notify the Secretaries of such determination. Such notification shall include the reasons for making the determination and an explicit list of actions that the affected State must take to comply with the coastal fishery management plan. The Commission shall provide a copy of the notification to the affected State.
(c) Withdrawal of noncompliance determination
After making a determination under subsection (a), the Commission shall continue to monitor State implementation and enforcement. Upon finding that a State has complied with the actions required under subsection (b), the Commission shall immediately withdraw its determination of noncompliance. The Commission shall promptly notify the Secretaries of such withdrawal.
(Pub. L. 103–206, title VIII, § 806, Dec. 20, 1993, 107 Stat. 2451.)
16 U.S.C. § 5107 (CONSERVATION)
§ 5107. Financial assistance
The Secretary and the Secretary of the Interior may provide financial assistance to the Commission and to the States to carry out their respective responsibilities under this chapter, including—
(1) the preparation, implementation, and enforcement of coastal fishery management plans; and
(2) State activities that are specifically required within such plans.
(Pub. L. 103–206, title VIII, § 808, Dec. 20, 1993, 107 Stat. 2453.)
heading: Statutory Notes and Related Subsidiaries
heading: Reports
text: Pub. L. 106–555, title I, § 122(c), Dec. 21, 2000, 114 Stat. 2766, provided that:
“(1) Annual report to the Secretary.—
The Secretary shall require, as a condition of providing financial assistance under this subtitle [subtitle B (§§ 121, 122) of title I of Pub. L. 106–555, amending sections 5101 to 5103, 5106, and 5107a to 5108 of this title and enacting provisions set out as a note under section 5101 of this title], that the Commission and each State receiving such assistance submit to the Secretary an annual report that provides a detailed accounting of the use of the assistance.
“(2) Biennial reports to the Congress.—
The Secretary shall submit biennial reports to the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the use of Federal assistance provided to the Commission and the States under this subtitle. Each biennial report shall evaluate the success of such assistance in implementing this subtitle.”
16 U.S.C. § 5107a (CONSERVATION)
§ 5107a. State permits valid in certain waters
(a) Permits
Notwithstanding any provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), this chapter, or any requirement of a fishery management plan or coastal fishery management plan to the contrary, a person holding a valid license issued by the State of Maine which lawfully permits that person to engage in commercial fishing for American lobster may, with the approval of the State of Maine, engage in commercial fishing for American lobster in the following areas designated as Federal waters, if such fishing is conducted in such waters in accordance with all other applicable Federal and State regulations:
(1) west of Monhegan Island in the area located north of the line 43° 42′ 08′′ N, 69° 34′ 18′′ W and 43° 42′ 15′′ N, 69° 19′ 18′′ W;
(2) east of Monhegan Island in the area located west of the line 43° 44′ 00′′ N, 69° 15′ 05′′ W and 43° 48′ 10′′ N, 69° 08′ 01′′ W;
(3) south of Vinalhaven in the area located west of the line 43° 52′ 21′′ N, 68° 39′ 54′′ W and 43° 48′ 10′′ N, 69° 08′ 01′′ W; and
(4) south of Bois Bubert Island in the area located north of the line 44° 19′ 15′′ N, 67° 49′ 30′′ W and 44° 23′ 45′′ N, 67° 40′ 33′′ W.
(b) Enforcement
The exemption from Federal fishery permitting requirements granted by subsection (a) may be revoked or suspended by the Secretary in accordance with section 308(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858(g)) for violations of such Act or this chapter.
(Pub. L. 103–206, title VIII, § 809, as added Pub. L. 104–297, title IV, § 404(c), Oct. 11, 1996, 110 Stat. 3619; amended Pub. L. 106–555, title I, § 122(b)(3), Dec. 21, 2000, 114 Stat. 2766.)
heading: Editorial Notes
heading: References in Text
text: The Magnuson-Stevens Fishery Conservation and Management Act, referred to in text, is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 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.
This chapter, referred to in subsec. (b), was in the original “this Act”, and was translated as reading “this title”, meaning title VIII of Pub. L. 103–206, Dec. 20, 1993, 107 Stat. 2447, which is classified principally to this chapter. For complete classification of title VIII to the Code, see Short Title note set out under section 5101 of this title and Tables.
heading: Prior Provisions
text: A prior section 809 of Pub. L. 103–206 was renumbered section 811, and is classified to section 5108 of this title.
heading: Amendments
text: 2000—Subsecs. (a), (b). Pub. L. 106–555 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.
16 U.S.C. § 5108 (CONSERVATION)
§ 5108. Authorization of appropriations
(a) In general
To carry out this chapter, there are authorized to be appropriated $10,000,000 for each of fiscal years 2001 through 2005.
(b) Cooperative statistics program
Amounts authorized under subsection (a) may be used by the Secretary to support the Commission’s cooperative statistics program.
(Pub. L. 103–206, title VIII, § 811, formerly § 809, Dec. 20, 1993, 107 Stat. 2453; renumbered § 811 and amended Pub. L. 104–297, title IV, § 404(c), (d), Oct. 11, 1996, 110 Stat. 3619, 3620; Pub. L. 106–555, title I, § 122(a), Dec. 21, 2000, 114 Stat. 2766.)
heading: Editorial Notes
heading: Prior Provisions
text: Another section 811 of Pub. L. 103–206 amended section 4107 of this title, prior to repeal by Pub. L. 106–555, title I, § 122(b)(1)(B), Dec. 21, 2000, 114 Stat. 2766.
heading: Amendments
text: 2000—Pub. L. 106–555 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “To carry out the provisions of this chapter, there are authorized to be appropriated $3,000,000 for fiscal year 1994, $5,000,000 for fiscal year 1995, and $7,000,000 for fiscal year 1996, and $7,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.”
1996—Pub. L. 104–297, § 404(d), which directed amendment of section 810 of Pub. L. 103–206 by substituting “1996, and $7,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000” for “1996”, was executed to this section to reflect the probable intent of Congress.
16 U.S.C. § 5155 (CONSERVATION)
§ 5155. Continuing studies of striped bass populations
(a) In general
For the purposes of carrying out this chapter, the Secretaries shall conduct continuing, comprehensive studies of Atlantic striped bass stocks. These studies shall include, but shall not be limited to, the following:
(1) Annual stock assessments, using fishery-dependent and fishery-independent data, for the purposes of extending the long-term population record generated by the annual striped bass study conducted by the Secretaries before 1994 and understanding the population dynamics of Atlantic striped bass.
(2) Investigations of the causes of fluctuations in Atlantic striped bass populations.
(3) Investigations of the effects of water quality, land use, and other environmental factors on the recruitment, spawning potential, mortality, and abundance of Atlantic striped bass populations, including the Delaware River population.
(4) Investigations of—
(A) the interactions between Atlantic striped bass and other fish, including bluefish, menhaden, mackerel, and other forage fish or possible competitors, stock assessments of these species, to the extent appropriate; and
(B) the effects of interspecies predation and competition on the recruitment, spawning potential mortality, and abundance of Atlantic striped bass.
(b) Socio-economic study
The Secretaries, in consultation with with 1 the Atlantic States Marine Fisheries Commission, shall conduct a study of the socio-economic benefits of the Atlantic striped bass resource. The Secretaries shall issue a report to the Congress concerning the findings of this study no later than September 30, 1998.
(c) Reports
The Secretaries shall make biennial reports to the Congress and to the Commission concerning the progress and findings of studies conducted under subsection (a) and shall make those reports public. Such reports shall, to the extent appropriate, contain recommendations of actions which could be taken to encourage the sustainable management of Atlantic striped bass.
(Pub. L. 98–613, § 6, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2675.)
heading: Editorial Notes
heading: Amendments
text: 1997—Pub. L. 105–146 amended section catchline and text generally, substituting provisions relating to continuing studies of striped bass populations for provisions relating to comprehensive annual surveys.
16 U.S.C. § 5156 (CONSERVATION)
§ 5156. Authorization of appropriations; cooperative agreements
(a) Authorization
For each of fiscal years 2007, 2008, 2009, 2010,1 2011, there are authorized to be appropriated to carry out this chapter—
(1) $1,000,000 to the Secretary of Commerce; and
(2) $250,000 to the Secretary of the Interior.
(b) Cooperative agreements
The Secretaries may enter into cooperative agreements with the Atlantic States Marine Fisheries Commission or with States, for the purpose of using amounts appropriated pursuant to this section to provide financial assistance for carrying out the purposes of this chapter.
(Pub. L. 98–613, § 7, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 99–432, § 4, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100–589, § 1, Nov. 3, 1988, 102 Stat. 2984; Pub. L. 102–130, § 2(b), Oct. 17, 1991, 105 Stat. 626; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2676; Pub. L. 106–555, title I, § 101, Dec. 21, 2000, 114 Stat. 2765; Pub. L. 109–479, title III, § 302(a), Jan. 12, 2007, 120 Stat. 3623.)
heading: Editorial Notes
heading: Amendments
text: 2007—Subsec. (a). Pub. L. 109–479 amended subsec. (a) generally, substituting “For each of fiscal years 2007, 2008, 2009, 2010, 2011,” for “For each of fiscal years 2001, 2002, and 2003,” in introductory provisions.
2000—Subsec. (a). Pub. L. 106–555 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “For each of fiscal years 1998, 1999, and 2000, there are authorized to be appropriated to carry out this chapter—
“(1) $800,000 to the Secretary of Commerce; and
“(2) $250,000 to the Secretary of the Interior.”
1997—Pub. L. 105–146 amended section catchline and text generally. Prior to amendment, section authorized appropriations for fiscal years 1986 through 1994 and authorized the Secretaries to enter into cooperative agreements with the Atlantic States Marine Fisheries Commission.
1991—Pub. L. 102–130, § 2(b)(4), in section catchline inserted at end “; cooperative agreements”.
Pub. L. 102–130, § 2(b)(1)–(3), designated existing provisions as subsec. (a), inserted subsec. heading, substituted “1991, 1992, 1993, and 1994,” for “and 1991,”, and added subsec. (b).
1988—Pub. L. 100–589 substituted “1988, 1989, 1990, and 1991,” for “and 1988,”.
1986—Pub. L. 99–432 amended section catchline and text generally. Prior to amendment, text read as follows: “Funds for activities in fiscal year 1985 under this chapter shall be made available only from funds appropriated for the Department of Commerce and the Department of the Interior for fiscal year 1985. For fiscal year 1986, there are authorized such sums as may be necessary or appropriate to carry out the provisions of this chapter.”
16 U.S.C. § 5157 (CONSERVATION)
§ 5157. Public participation in preparation of management plans and amendments
(a) Standards and procedures
In order to ensure the opportunity for public participation in the preparation of management plans and amendments to management plans for Atlantic striped bass, the Commission shall prepare such plans and amendments in accordance with the standards and procedures established under section 5104(a)(2) of this title.
(b) Application
Subsection (a) shall apply to management plans and amendments adopted by the Commission after the 6-month period beginning on December 16, 1997.
(Pub. L. 98–613, § 8, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2676.)
heading: Editorial Notes
heading: Amendments
text: 1997—Pub. L. 105–146 amended section catchline and text generally, substituting provisions relating to public participation in preparation of management plans and amendments for provisions requiring the Secretaries to review the existing Plan and report to the Commission and Committees of Congress on its adequacy.
16 U.S.C. § 5158 (CONSERVATION)
§ 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), 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.
(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, § 9, as added Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2676.)
heading: Editorial Notes
heading: Prior Provisions
text: A 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.
16 U.S.C. § 5201 (CONSERVATION)
§ 5201. Obstruction of a lawful hunt
It is a violation of this section intentionally to engage in any physical conduct that significantly hinders a lawful hunt.
(Pub. L. 103–322, title XXXII, § 320802, Sept. 13, 1994, 108 Stat. 2121.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 103–322, title XXXII, § 320801, Sept. 13, 1994, 108 Stat. 2121, provided that: “This subtitle [subtitle H (§§ 320801–320808) of title XXXII of Pub. L. 103–322, enacting this chapter] may be cited as the ‘Recreational Hunting Safety and Preservation Act of 1994’.”
16 U.S.C. § 5202 (CONSERVATION)
§ 5202. Civil penalties
(a) In general
A person who violates section 5201 of this title shall be assessed a civil penalty in an amount computed under subsection (b).
(b) Computation of penalty
The penalty shall be—
(1) not more than $10,000, if the violation involved the use of force or violence, or the threatened use of force or violence, against the person or property of another person; and
(2) not more than $5,000 for any other violation.
(c) Relationship to other penalties
The penalties established by this section shall be in addition to other criminal or civil penalties that may be levied against the person as a result of an activity in violation of section 5201 of this title.
(d) Procedure
Upon receipt of—
(1) a written complaint from an officer, employee, or agent of the Forest Service, Bureau of Land Management, National Park Service, United States Fish and Wildlife Service, or other Federal agency that a person violated section 5201 of this title; or
(2) a sworn affidavit from an individual and a determination by the Secretary that the statement contains sufficient factual allegations to create a reasonable belief that a violation of section 5201 of this title has occurred;
the Secretary may request the Attorney General of the United States to institute a civil action for the imposition and collection of the civil penalty under this section.
(e) Use of penalty money collected
After deduction of costs attributable to collection, money collected from penalties shall be—
(1) deposited into the trust fund established pursuant to the Act entitled “An Act to provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes”, approved September 2, 1937 (16 U.S.C. 669) (commonly known as the “Pitman-Robertson Wildlife Restoration Act”), to support the activities authorized by such Act and undertaken by State wildlife management agencies; or
(2) used in such other manner as the Secretary determines will enhance the funding and implementation of—
(A) the North American Waterfowl Management Plan signed by the Secretary of the Interior and the Minister of Environment for Canada in May 1986; or
(B) a similar program that the Secretary determines will enhance wildlife management—
(i) on Federal lands; or
(ii) on private or State-owned lands when the efforts will also provide a benefit to wildlife management objectives on Federal lands.
(Pub. L. 103–322, title XXXII, § 320803, Sept. 13, 1994, 108 Stat. 2121.)
heading: Editorial Notes
heading: References in Text
text: The Pitman-Robertson Wildlife Restoration Act, referred to in subsec. (e)(1), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, also known as the Federal Aid in Wildlife Restoration Act, which is classified generally to chapter 5B (§ 669 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 669 of this title and Tables.
16 U.S.C. § 5203 (CONSERVATION)
§ 5203. Other relief
Injunctive relief against a violation of section 5201 of this title may be sought by—
(1) the head of a State agency with jurisdiction over fish or wildlife management;
(2) the Attorney General of the United States; or
(3) any person who is or would be adversely affected by the violation.
(Pub. L. 103–322, title XXXII, § 320804, Sept. 13, 1994, 108 Stat. 2122.)
16 U.S.C. § 5204 (CONSERVATION)
§ 5204. Relationship to State and local law and civil actions
This chapter does not preempt a State law or local ordinance that provides for civil or criminal penalties for conduct that violates this chapter.
(Pub. L. 103–322, title XXXII, § 320805, Sept. 13, 1994, 108 Stat. 2122.)
16 U.S.C. § 5206 (CONSERVATION)
§ 5206. Rule of construction
Nothing in this chapter shall be construed to impair a right guaranteed to a person under the first article of amendment to the Constitution or limit any legal remedy for forceful interference with a person’s lawful participation in speech or peaceful assembly.
(Pub. L. 103–322, title XXXII, § 320807, Sept. 13, 1994, 108 Stat. 2122.)