---
kind: "section"
citation: "16 U.S.C. § 5107b"
title: "16"
title_heading: "Conservation"
number: "5107b"
heading: "Transition to management of American lobster fishery by Commission"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/5107b"
units:
  - "Chapter 71 — Atlantic Coastal Fisheries Cooperative Management"
---

# §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](/usc/16/5102.md?p=8) [Conservation](/usc/16/5102.md?p=4) and Management Act ([16 U.S.C. 1801](/usc/16/1801.md) et seq.), if no regulations have been issued under [section 5103(b) of this title](/usc/16/5103.md?p=b) by December 31, 1997, to implement a [coastal fishery management plan](/usc/16/5102.md?p=1) for American lobster, then the [Secretary](/usc/16/5102.md?p=12) shall issue interim regulations before March 1, 1998, that will prohibit any vessel that [takes](/usc/16/3102.md?p=18) lobsters in the [exclusive economic zone](/usc/16/5102.md?p=6) 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](/usc/16/5102.md?p=9) 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](/usc/16/5102.md?p=9) trip of 5 days or longer.
- (b) **Secretary to monitor landings—** Before January 1, 1998, the [Secretary](/usc/16/5102.md?p=12) shall monitor, on a timely basis, landings of American lobster, and, if the [Secretary](/usc/16/5102.md?p=12) determines that catches from vessels that [take](/usc/16/3102.md?p=18) lobsters in the [exclusive economic zone](/usc/16/5102.md?p=6) by a method other than pots or traps have increased significantly, then the [Secretary](/usc/16/5102.md?p=12) may, consistent with the national standards in section 301 of the Magnuson-Stevens [Fishery](/usc/16/5102.md?p=8) [Conservation](/usc/16/5102.md?p=4) and Management Act [[16 U.S.C. 1851](/usc/16/1851.md)], and after opportunity for public comment and consultation with the Atlantic [States](/usc/16/544.md?p=r) Marine [Fisheries](/usc/16/5102.md?p=8) [Commission](/usc/16/5102.md?p=3), implement regulations under [section 5103(b) of this title](/usc/16/5103.md?p=b) that are necessary for the [conservation](/usc/16/5102.md?p=4) of American lobster.
- (c) **Regulations to remain in effect until plan implemented—** Regulations issued under subsection [(a)](#a) or [(b)](#b) shall remain in effect until the [Secretary](/usc/16/5102.md?p=12) implements regulations under [section 5103(b) of this title](/usc/16/5103.md?p=b) to implement a [coastal fishery management plan](/usc/16/5102.md?p=1) for American lobster.

## 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.)

## Notes

### 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 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.

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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.

### Prior Provisions

A prior section 810 of Pub. L. 103–206, which repealed section 9 of Pub. L. 98–613 set out in a note under section 1851 of this title, was renumbered section 812 by Pub. L. 104–297.

### Amendments

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