C.F.R. » Title 50 » CHAPTER VI—FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE › PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT › Subpart A—General Provisions

50 C.F.R. § 697.3

Relation to other Federal and state laws

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(a) The provisions of sections 307 through 311 of the Magnuson-Stevens Act, as amended, regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement apply with respect to the regulations in this part, as if the regulations in this part were issued under the Magnuson-Stevens Act.

(b) The relation of this part to other laws is further set forth in § 600.705 of this chapter and would include all regulations and statutes administered by the National Oceanic and Atmospheric Administration (NOAA), including, but not limited to the regulations in this part issued pursuant to the ACFCMA, the regulations at 50 CFR part 229 issued pursuant to the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA) , and the regulations at 50 CFR part 648 issued pursuant to the Magnuson-Stevens Act.

(c) The regulations in this part do not preempt more restrictive state laws, or state enforcement of more restrictive state laws, with respect to weakfish fishing and American lobster fishing. If a requirement of this part and a management measure required by state or local law differ, any vessel owner permitted to fish in the EEZ must comply with the more restrictive requirement or measure.

[64 FR 68248, Dec. 6, 1999, as amended at 71 FR 13037, Mar. 14, 2006]
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Thompson v. Wilson (1st Cir. 2025).
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Thompson v. Wilson (1st Cir. 2025). “2005) (abrogated on other grounds) (describing the relationship between the Commission and state regulators in the context of the American Lobster FMP); see also 50 C.F.R. § 697.3 (c) (requiring a federal lobster fishing license holder to adhere to the more restrictive…”
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