Atlantic Coastal Fisheries Cooperative Management Act (Overview)

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ATLANTIC COASTAL FISHERIES COOPERATIVE
MANAGEMENT ACT
[Title VIII of Public Law 103–206, Approved Dec. 20, 1993, 107
Stat. 2419]
[Amended through Public Law 106–555, Dec. 21, 2000]
øCurrency: This publication is a compilation of the text of Public Law 103–206. It
was last amended by the public law listed in the As Amended Through note above
and below at the bottom of each page of the pdf version and reflects current law
through the date of the enactment of the public law listed at https://
www.govinfo.gov/app/collection/comps/¿
øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿

TITLE VIII—ATLANTIC COASTAL
FISHERIES
SEC. 801. ø16 U.S.C. 5101 note¿ SHORT TITLE.

This title may be cited as the ‘‘Atlantic Coastal Fisheries Cooperative Management Act’’.
SEC. 802. ø16 U.S.C. 5101¿ FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:

(1) Coastal fishery resources that migrate, or are widely
distributed, across the jurisdictional boundaries of two or more
of the Atlantic States and of the Federal Government are of
substantial commercial and recreational importance and economic benefit to the Atlantic coastal region and the Nation.
(2) Increased fishing pressure, environmental pollution,
and the loss and alteration of habitat have reduced severely
certain Atlantic coastal fishery resources.
(3) Because no single governmental entity has exclusive
management authority for Atlantic coastal fishery resources,
harvesting of such resources is frequently subject to disparate,
inconsistent, and intermittent State and Federal regulation
that has been detrimental to the conservation and sustainable
use of such resources and to the interests of fishermen and the
Nation as a whole.
(4) The responsibility for managing Atlantic coastal fisheries rests with the States, which carry out a cooperative program of fishery oversight and management through the Atlantic States Marine Fisheries Commission. It is the responsibility
of the Federal Government to support such cooperative interstate management of coastal fishery resources.
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Sec. 803

ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT...

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(5) The failure by one or more Atlantic States to fully implement a coastal fishery management plan can affect the status of Atlantic coastal fisheries, and can discourage other
States from fully implementing coastal fishery management
plans.
(6) It is in the national interest to provide for more effective Atlantic State fishery resource conservation and management.
(b) PURPOSE.—The purpose of this title is to support and encourage the development, implementation, and enforcement of effective interstate conservation and management of Atlantic coastal
fishery resources.
SEC. 803. ø16 U.S.C. 5102¿ DEFINITIONS.

In this title, the following definitions apply:
(1) The term ‘‘coastal fishery management plan’’ means a
plan for managing a coastal fishery resource, or an amendment
to such plan, prepared and adopted by the Commission, that—
(A) contains information regarding the status of the
resource and related fisheries; and
(B) specifies conservation and management actions to
be taken by the States.
(2) The term ‘‘coastal fishery resource’’ means any fishery,
any species of fish, or any stock of fish that moves among, or
is broadly distributed across, waters under the jurisdiction of
two or more States or waters under the jurisdiction of one or
more States and the exclusive economic zone.
(3) 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.
(4) The term ‘‘conservation’’ means the restoring, rebuilding, and maintaining of any coastal fishery resource and the
marine environment, in order to assure the availability of
coastal fishery resources on a long-term basis.
(5) The term ‘‘Councils’’ means Regional Fishery Management Councils established under section 302 of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C.
1852).
(6) The term ‘‘exclusive economic zone’’ means the exclusive economic zone of the United States established by Proclamation Number 5030, dated March 10, 1983. For the purposes
of this title, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States,
and the outer boundary of that zone is a line drawn in such
a manner that each point on it is 200 nautical miles from the
baseline from which the territorial sea is measured.
(7) The term ‘‘fish’’ means finfish, mollusks, crustaceans,
and all other forms of marine animal life other than marine
mammals and birds.
(8) The term ‘‘fishery’’ means—
(A) one or more stocks of fish that can be treated as
a unit for purposes of conservation and management and
that are identified on the basis of geographical, scientific,
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Sec. 804

technical, commercial, recreational, or economic characteristics; or
(B) any fishing for such stocks.
(9) The term ‘‘fishing’’ means—
(A) the catching, taking, or harvesting of fish;
(B) the attempted catching, taking, or harvesting of
fish;
(C) any other activity that can be reasonably expected
to result in the catching, taking, or harvesting of fish; or
(D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A)
through (C).
Such term does not include any scientific research activity or
the catching, taking, or harvesting of fish in an aquaculture
operation.
(10) The term ‘‘implement and enforce’’ means to enact and
implement laws or regulations as required to conform with the
provisions of a coastal fishery management plan and to assure
compliance with such laws or regulations by persons participating in a fishery that is subject to such plan.
(11) The term ‘‘person’’ means any individual (whether or
not a citizen or national of the United States), any corporation,
partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any
such government.
(12) The term ‘‘Secretary’’ means the Secretary of Commerce.
(13) The term ‘‘State’’ means Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina, Georgia, Florida, the District of Columbia, or
the Potomac River Fisheries Commission.
SEC. 804. ø16 U.S.C. 5103¿ STATE-FEDERAL COOPERATION IN ATLANTIC
COASTAL FISHERY MANAGEMENT.
(a) FEDERAL SUPPORT FOR STATE COASTAL FISHERIES PROGRAMS.—The Secretary in cooperation with the Secretary of the In-

terior shall develop and implement a program to support the interstate fishery management efforts of the Commission. The program
shall include activities to support and enhance State cooperation in
collection, management, and analysis of fishery data; law enforcement; habitat conservation; fishery research, including biological
and socioeconomic research; and fishery management planning.
(b) FEDERAL REGULATION IN EXCLUSIVE ECONOMIC ZONE.—(1)
In the absence of an approved and implemented fishery management plan under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), and after consultation
with the appropriate Councils, the Secretary may implement regulations to govern fishing in the exclusive economic zone that are—
(A) compatible with the effective implementation of a
coastal fishery management plan; and
(B) consistent with the national standards set forth in section 301 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1851).
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Sec. 805

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The regulations may include measures recommended by the Commission to the Secretary that are necessary to support the provisions of the coastal fishery management plan. Regulations issued
by the Secretary to implement an approved fishery management
plan prepared by the appropriate Councils or the Secretary under
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.) shall supersede any conflicting regulations
issued by the Secretary under this subsection.
(2) The provisions of sections 307, 308, 309, 310, and 311 of the
Magnuson-Stevens Fishery Conservation and Management 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 issued under this subsection
as if such regulations were issued under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.).
SEC. 805. ø16 U.S.C. 5104¿ STATE IMPLEMENTATION OF COASTAL FISHERY MANAGEMENT PLANS.
(a) COASTAL FISHERY MANAGEMENT PLANS.—(1) The Commis-

sion 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 the date of enactment of this Act, the
Commission shall establish standards and procedures to govern the
preparation of coastal fishery management plans under this title,
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 the date of enactment of this Act, 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 such date of enactment. 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
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Sec. 807

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.
SEC. 806. ø16 U.S.C. 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 805.
(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.
SEC. 807. ø16 U.S.C. 5106¿ SECRETARIAL ACTION.
(a) SECRETARIAL REVIEW OF COMMISSION DETERMINATION OF
NONCOMPLIANCE.—Within 30 days after receiving a notification

from the Commission under section 806(b) and after review of the
Commission’s determination of noncompliance, the Secretary shall
make a finding on—
(1) whether the State in question has failed to carry out
its responsibility under section 805; and
(2) if so, whether the measures that the State has failed
to implement and enforce are necessary for the conservation of
the fishery in question.
(b) CONSIDERATION OF COMMENTS.—In making a finding under
subsection (a), the Secretary shall—
(A) 1 give careful consideration to the comments of the
State that the Commission has determined under section
806(a) is not in compliance with a coastal fishery management
plan, and provide such State, upon request, with the opportunity to meet with and present its comments directly to the
Secretary; and
(B) 1 solicit and consider the comments of the Commission
and the appropriate Councils.
(c) MORATORIUM.—(1) Upon making a finding under subsection
(a) that a State has failed to carry out its responsibility under section 805 and that the measures it failed to implement and enforce
are necessary for conservation, the Secretary shall declare a mora1 Designation

so in law. Paragraphs (A) and (B) probably should be paragraphs (1) and (2).

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Sec. 807

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torium on fishing in the fishery in question within the waters of
the noncomplying State. The Secretary shall specify the moratorium’s effective date, which shall be any date within 6 months after
declaration of the moratorium.
(2) If after a moratorium is declared under paragraph (1) the
Secretary is notified by the Commission that the Commission is
withdrawing under section 806(c) the determination of noncompliance, the Secretary shall immediately determine whether the State
is in compliance with the applicable plan. If so, the moratorium
shall be terminated.
(d) IMPLEMENTING REGULATIONS.—The Secretary may issue
regulations necessary to implement this section. Such regulations—
(1) may provide for the possession and use of fish which
have been produced in an aquaculture operation, subject to applicable State regulations; and
(2) shall allow for retention of fish that are subject to a
moratorium declared under this section and unavoidably taken
as incidental catch in fisheries directed toward menhaden if—
(A) discarding the retained fish is impracticable;
(B) the retained fish do not constitute a significant
portion of the catch of the vessel; and
(C) retention of the fish will not, in the judgment of
the Secretary, adversely affect the conservation of the species of fish retained.
(e) PROHIBITED ACTS DURING MORATORIUM.—During the time
in which a moratorium under this section is in effect, it is unlawful
for any person to—
(1) violate the terms of the moratorium or of any implementing regulation issued under subsection (d);
(2) engage in fishing for any species of fish to which the
moratorium applies within the waters of the State subject to
the moratorium;
(3) land, attempt to land, or possess fish that are caught,
taken, or harvested in violation of the moratorium or of any
implementing regulation issued under subsection (d);
(4) fail to return to the water immediately, with a minimum of injury, any fish to which the moratorium applies that
are taken incidental to fishing for species other than those to
which the moratorium applies, except as provided by regulations issued under subsection (d);
(5) refuse to permit any officer authorized to enforce the
provisions of this title to board a fishing vessel subject to such
person’s control for purposes of conducting any search or inspection in connection with the enforcement of this title;
(6) forcibly assault, resist, oppose, impede, intimidate, or
interfere with any such authorized officer in the conduct of any
search or inspection under this title;
(7) resist a lawful arrest for any act prohibited by this section;
(8) ship, transport, offer for sale, sell, purchase, import, or
have custody, control, or possession of, any fish taken or retained in violation of this title; or
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Sec. 809

(9) interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such
other person has committed any act prohibited by this section.
(f) CIVIL AND CRIMINAL PENALTIES.—(1) Any person who commits any act that is unlawful under subsection (e) shall be liable
to the United States for a civil penalty as provided by section 308
of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1858).
(2) Any person who commits an act prohibited by paragraph
(5), (6), (7), or (9) of subsection (e) is guilty of an offense punishable
as provided by section 309 (a)(1) and (b) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1859 (a)(1)
and (b)).
(g) CIVIL FORFEITURES.—(1) Any vessel (including its gear,
equipment, appurtenances, stores, and cargo) used, and any fish (or
the fair market value thereof) taken or retained, in any manner,
in connection with, or as the result of, the commission of any act
that is unlawful under subsection (e), shall be subject to forfeiture
to the United States as provided in section 310 of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C.
1860).
(2) Any fish seized pursuant to this title may be disposed of
pursuant to the order of a court of competent jurisdiction or, if perishable, in a manner prescribed in regulation.
(h) ENFORCEMENT.—A person authorized by the Secretary or
the Secretary of the department in which the Coast Guard is operating may take any action to enforce a moratorium declared under
subsection (c) of this section that an officer authorized by the Secretary under section 311(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(b)) may take to enforce that Act. The Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment
(including aircraft and vessels), and facilities of any other Federal
department or agency and of any agency of a State in carrying out
that enforcement.
SEC. 808. ø16 U.S.C. 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 title, including—
(1) the preparation, implementation, and enforcement of
coastal fishery management plans; and
(2) State activities that are specifically required within
such plans.
SEC. 809. STATE PERMITS VALID IN CERTAIN WATERS.
(a) PERMITS.—Notwithstanding any provision of

the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.), the Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 et seq.), 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

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Sec. 810

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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 Act.
SEC. 810. TRANSITION TO MANAGEMENT OF AMERICAN LOBSTER
FISHERY BY COMMISSION.
(a) TEMPORARY LIMITS.—Notwithstanding any other provision

of this Act or of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), if no regulations have
been issued under section 804(b) of this Act by December 31, 1997,
to implement a coastal fishery management plan for American lobster, then the Secretary shall issue interim regulations before
March 1, 1998, that will prohibit any vessel that takes lobsters in
the exclusive economic zone by a method other than pots or traps
from landing lobsters (or any parts thereof) at any location within
the United States in excess of—
(1) 100 lobsters (or parts thereof) for each fishing trip of
24 hours or less duration (up to a maximum of 500 lobsters,
or parts thereof, during any 5-day period); or
(2) 500 lobsters (or parts thereof) for a fishing trip of 5
days or longer.
(b) SECRETARY TO MONITOR LANDINGS.—Before January 1,
1998, the Secretary shall monitor, on a timely basis, landings of
American lobster, and, if the Secretary determines that catches
from vessels that take lobsters in the exclusive economic zone by
a method other than pots or traps have increased significantly,
then the Secretary may, consistent with the national standards in
section 301 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801), and after opportunity for public
comment and consultation with the Atlantic States Marine Fisheries Commission, implement regulations under section 804(b) of
this Act that are necessary for the conservation of American lobster.
(c) REGULATIONS TO REMAIN IN EFFECT UNTIL PLAN IMPLEMENTED.—Regulations issued under subsection (a) or (b) shall remain in effect until the Secretary implements regulations under
section 804(b) of this Act to implement a coastal fishery management plan for American lobster.
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SEC. 811. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—To carry out this title, 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.

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