16 USC § 5107a - State permits valid in certain waters | Title 16 - Conservation | U.S. Code

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Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

(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) of this section 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.

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(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) of this section 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.

Source

(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.)

References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in text, is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, as amended, 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.

Prior Provisions

A prior section 809 ofPub. L. 103–206was renumbered section 811, and is classified to section 5108 of this title.

Amendments

2000—Subsecs. (a), (b). Pub. L. 106–555substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 3, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt" means note.
"nt [tbl]" means note [table].
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"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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16 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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50 CFR - Title 50—Wildlife and Fisheries

50 CFR Part 697 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

16 USC § 5107a - State permits valid in certain waters

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