(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

Terms Used In 16 USC 5158

  • 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). See 16 USC 5152
  • coastal State: means &mdash. See 16 USC 5152
  • coastal waters: means &mdash. See 16 USC 5152
  • 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. See 16 USC 5152
  • exclusive economic zone: has the meaning given such term in section 3(6) 1 of the Magnuson Act (16 U. See 16 USC 5152
  • fishing: means &mdash. See 16 USC 5152
  • Magnuson Act: means the Magnuson-Stevens Fishery Conservation and Management Act (16 U. See 16 USC 5152
  • Plan: means a plan for managing Atlantic striped bass, or an amendment to such plan, that is prepared and adopted by the Commission. See 16 USC 5152
  • Secretary: means the Secretary of Commerce or a designee of the Secretary of Commerce. See 16 USC 5152
  • State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7

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.

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