
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
