16 USC § 5107b - Transition to management of American lobster fishery by Commission

---
identifier: "/us/usc/t16/s5107b"
source: "usc"
legal_status: "official_prima_facie"
title: "16 USC § 5107b - Transition to management of American lobster fishery by Commission"
title_number: 16
title_name: "CONSERVATION"
section_number: "5107b"
section_name: "Transition to management of American lobster fishery by Commission"
chapter_number: 71
chapter_name: "ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 103–206, title VIII, § 810, as added Pub. L. 104–297, title IV, § 404(c), Oct. 11, 1996, 110 Stat. 3620; amended Pub. L. 106–555, title I, § 122(b)(3), Dec. 21, 2000, 114 Stat. 2766.)"
---


# § 5107b. Transition to management of American lobster fishery by Commission

**(a)** **Temporary limits** Notwithstanding any other provision of this chapter 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 5103(b) of this title 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** January 1, 199816 U.S.C. 1851section 5103(b) of this title

Before , 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 [], and after opportunity for public comment and consultation with the Atlantic States Marine Fisheries Commission, implement regulations under  that are necessary for the conservation of American lobster.

**(c)** **Regulations to remain in effect until plan implemented** section 5103(b) of this title

Regulations issued under subsection (a) or (b) shall remain in effect until the Secretary implements regulations under  to implement a coastal fishery management plan for American lobster.

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**Source Credit**: (Pub. L. 103–206, title VIII, § 810, as added Pub. L. 104–297, title IV, § 404(c), Oct. 11, 1996, 110 Stat. 3620; amended Pub. L. 106–555, title I, § 122(b)(3), Dec. 21, 2000, 114 Stat. 2766.)

## Editorial Notes

### References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, and was translated as reading “this title”, meaning title VIII of , , , which is classified principally to this chapter. For complete classification of title VIII to the Code, see Short Title note set out under  and Tables.

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is , , , 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  and Tables.

### Prior Provisions

A prior , which repealed  set out in a note under , was renumbered section 812 by .

### Amendments

2000—Subsecs. (a), (b).  substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.