Pub. L. 104-297, tit. IV, sec. 404
ATLANTIC COASTAL FISHERIES AMENDMENTS.
SEC. 404. ATLANTIC COASTAL FISHERIES AMENDMENTS. (a) Definition.—Paragraph (1) of section 803 of the Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5102) is amended— (1) by inserting “and” after the semicolon in subparagraph (A); (2) by striking “States; and” in subparagraph (B) and inserting “States”; and (3) by striking subparagraph (C). (b) Implementation Standard for Federal Regulation.—Subparagraph (A) of section 804(b)(1) of such Act (16 U.S.C. 5103(b)(1)) is amended by striking “necessary to support” and inserting “compatible with”. (c) American Lobster Management.—Section 809 (16 U.S.C. 5108) and section 810 of such Act are redesignated as sections 811 and 812, respectively, and the following new sections are inserted at the end of section 808: “SEC. 809. STATE PERMITS VALID IN CERTAIN WATERS. “(a) Permits.—Notwithstanding any provision of the Magnuson 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 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; 110 STAT. 3620 “(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 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 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 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.”. (d) Authorization of Appropriations.—Section 810 of such Act, as amended by this Act, is amended further by striking “1996.” and inserting “1996, and $7,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000”.