---
kind: "section"
citation: "16 U.S.C. § 5154"
title: "16"
title_heading: "Conservation"
number: "5154"
heading: "Moratorium"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/5154"
units:
  - "Chapter 71A — Atlantic Striped Bass Conservation"
---

# §5154. Moratorium

- (a) **Secretarial action after notification—** Upon receiving notice from the [Commission](/usc/16/5152.md?p=5) under [section 5153(c) of this title](/usc/16/5153.md?p=c) of a negative determination regarding a [coastal State](/usc/16/5152.md?p=4), the [Secretaries](/usc/16/5152.md?p=12) shall determine jointly, within 30 days, whether that [coastal State](/usc/16/5152.md?p=4) is in compliance with the Plan and, if the [State](/usc/16/590q.md?p=a) is not in compliance, the [Secretaries](/usc/16/5152.md?p=12) shall declare jointly a moratorium on [fishing](/usc/16/5152.md?p=7) for [Atlantic striped bass](/usc/16/5152.md?p=2) within the [coastal waters](/usc/16/5152.md?p=3) of that [coastal State](/usc/16/5152.md?p=4). In making such a determination, the [Secretaries](/usc/16/5152.md?p=12) shall carefully consider and review the comments of the [Commission](/usc/16/5152.md?p=5) and that [coastal State](/usc/16/5152.md?p=4) in question.
- (b) **Prohibited acts during moratorium—** During a [moratorium period](/usc/16/5152.md?p=9), it is unlawful for any [person](/usc/16/450rr–1.md?p=b)—
  - (1) to engage in [fishing](/usc/16/5152.md?p=7) within the [moratorium area](/usc/16/5152.md?p=8);
  - (2) to land, or attempt to land, [Atlantic striped bass](/usc/16/5152.md?p=2) that are caught, taken, or harvested in [violation](/usc/16/620e.md?p=11) of [paragraph (1)](#b-1);
  - (3) to land lawfully harvested [Atlantic striped bass](/usc/16/5152.md?p=2) within the boundaries of a [coastal State](/usc/16/5152.md?p=4) when a moratorium declared under [subsection (a)](#a) applies to that [State](/usc/16/590q.md?p=a); or
  - (4) to fail to return to the water [Atlantic striped bass](/usc/16/5152.md?p=2) to which the moratorium applies that are caught incidental to harvesting that occurs in the course of commercial or recreational fish catching activities, regardless of the physical condition of the striped bass when caught.
- (c) **Civil penalties—**
  - (1) **Civil penalty—** Any [person](/usc/16/450rr–1.md?p=b) who commits any act that is unlawful under [subsection (b)](#b) shall be liable to the United States for a civil penalty as provided by section 308 of the [Magnuson Act](/usc/16/5152.md?p=1) ([16 U.S.C. 1858](/usc/16/1858.md)).
  - (2) **Civil forfeitures—**
    - (A) **In general—** 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](/usc/16/5152.md?p=5) of any act that is unlawful under [subsection (b)](#b) shall be subject to forfeiture to the United States as provided in section 310 of the [Magnuson Act](/usc/16/5152.md?p=1) ([16 U.S.C. 1860](/usc/16/1860.md)).
    - (B) **Disposal of fish—** Any fish seized pursuant to this chapter may be disposed of pursuant to the order of a court of competent jurisdiction, or, if perishable, in a manner prescribed in regulations.
- (d) **Enforcement—** A [person](/usc/16/450rr–1.md?p=b) authorized by the [Secretaries](/usc/16/5152.md?p=12) or the [Secretary](/usc/16/5152.md?p=11) of the department in which the Coast Guard is operating may [take](/usc/16/3102.md?p=18) any action to enforce a moratorium declared under [subsection (a)](#a) that an officer authorized by the [Secretary](/usc/16/5152.md?p=11) under section 311(b) of the [Magnuson Act](/usc/16/5152.md?p=1) ([16 U.S.C. 1861(b)](/usc/16/1861.md?p=b)) may [take](/usc/16/3102.md?p=18) to enforce that Act ([16 U.S.C. 1801](/usc/16/1801.md) et seq.). The [Secretaries](/usc/16/5152.md?p=12) 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](/usc/16/590q.md?p=a) in carrying out that enforcement.
- (e) **Regulations—** The [Secretaries](/usc/16/5152.md?p=12) may issue regulations to implement this section.

## Source credit

(Pub. L. 98–613, § 5, Oct. 31, 1984, 98 Stat. 3189; Pub. L. 99–432, § 3, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100–589, § 6(g)(2), Nov. 3, 1988, 102 Stat. 2988; Pub. L. 102–130, § 2(a), Oct. 17, 1991, 105 Stat. 626; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2674.)

## Notes

### Editorial Notes

### Amendments

1997—Pub. L. 105–146 amended section catchline and text generally. Prior to amendment, section defined terms “moratorium area” and “moratorium period”, prohibited acts during moratorium, and provided for penalties, forfeitures, and enforcement.

1996—Subsec. (e)(2). Pub. L. 104–208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.

1991—Subsec. (e). Pub. L. 102–130 designated existing provisions as par. (1) and added pars. (2) and (3).

1988—Subsecs. (c)(2), (d)(2). Pub. L. 100–589 substituted “Magnuson Act” for “Act of 1976”.

1986—Pub. L. 99–432, § 3(b), which directed the substitution of “Secretaries” for “Secretary”, was executed by making the substitution in subsec. (a)(2), in three places in subsec. (c), and in two places in subsec. (e) to reflect the probable intent of Congress.

Pub. L. 99–432, § 3(a), which directed the substitution of “section 5153(b)” for “section 5153(d)”, was executed by making the substitution in subsecs. (a)(1), (2), (b)(3), and (e) to reflect the probable intent of Congress.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.

### Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.