U.S. Code » Title 16 » Chapter CHAPTER 71— ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

16 U.S.C. § 5101

Findings and purpose

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(a) FindingsThe Congress finds the following:(1) Coastal fishery resources that migrate, or are widely distributed, across the jurisdictional boundaries of two or more of the Atlantic States and of the Federal Government are of substantial commercial and recreational importance and economic benefit to the Atlantic coastal region and the Nation.(2) Increased fishing pressure, environmental pollution, and the loss and alteration of habitat have reduced severely certain Atlantic coastal fishery resources.(3) Because no single governmental entity has exclusive management authority for Atlantic coastal fishery resources, harvesting of such resources is frequently subject to disparate, inconsistent, and intermittent State and Federal regulation that has been detrimental to the conservation and sustainable use of such resources and to the interests of fishermen and the Nation as a whole.(4) The responsibility for managing Atlantic coastal fisheries rests with the States, which carry out a cooperative program of fishery oversight and management through the Atlantic States Marine Fisheries Commission. It is the responsibility of the Federal Government to support such cooperative interstate management of coastal fishery resources.(5) The failure by one or more Atlantic States to fully implement a coastal fishery management plan can affect the status of Atlantic coastal fisheries, and can discourage other States from fully implementing coastal fishery management plans.(6) It is in the national interest to provide for more effective Atlantic State fishery resource conservation and management.(b) Purpose

The purpose of this chapter is to support and encourage the development, implementation, and enforcement of effective interstate conservation and management of Atlantic coastal fishery resources.

(Pub. L. 103–206, title VIII, § 802, Dec. 20, 1993, 107 Stat. 2447; Pub. L. 106–555, title I, § 122(b)(1)(A), Dec. 21, 2000, 114 Stat. 2766.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (b), was in the original “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 below and Tables.

Amendments

2000—Subsec. (a)(3). Pub. L. 106–555, which directed amendment of par. (3) of this section by substituting “such resources is” for “such resources in”, was executed by making the substitution in par. (3) of subsec. (a), to reflect the probable intent of Congress.

Statutory Notes and Related SubsidiariesShort Title of 2000 Amendment

Pub. L. 106–555, title I, § 121, Dec. 21, 2000, 114 Stat. 2766, provided that: “This subtitle [subtitle B (§§ 121, 122) of title I of Pub. L. 106–555, amending this section and sections 5102, 5103, 5106, and 5107a to 5108 of this title and enacting provisions set out as a note under section 5107 of this title] may be cited as the ‘Atlantic Coastal Fisheries Act of 2000’.”

Short Title

Pub. L. 103–206, title VIII, § 801, Dec. 20, 1993, 107 Stat. 2447, provided that: “This title [enacting this chapter and amending section 4107 of this title and provisions set out as a note under section 1851 of this title] may be cited as the ‘Atlantic Coastal Fisheries Cooperative Management Act’.”

Notes of Decisions
Cited in 21 cases (5 in the last 5 years), 1996–2025 · leading case: Campanale & Sons, Inc. v. Evans, 311 F.3d 109 (1st Cir. 2002).
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Campanale & Sons, Inc. v. Evans, 311 F.3d 109 (1st Cir. 2002). · cites it 4× “The Atlantic Coastal Fisheries Cooperative Management Act The Atlantic Coastal Fisheries Cooperative Management Act (“ACFCMA” or “Atlantic Coastal Act”), 16 U.S.C. §§ 5101 et seq., was enacted in 1993 in response to Congress’ concern over “disparate, inconsistent, and…”
Rhode Island Fishermen's All., Inc. v. Rhode Island Dep't of Env't Mgmt., 585 F.3d 42 (1st Cir. 2009). “” 16 U.S.C. § 5101 (a)(3). These shortcomings prompted Congress to adopt the Management Act.”
Martha's Vineyard/dukes Cnty. Fishermen's Ass'n v. Locke, 811 F. Supp. 2d 308 (D.D.C. 2011). · cites it 3× “” 16 U.S.C. § 5101 (b) (2006). Congress sought to promote the conservation of “[cjoastal fishery resources that migrate, or are widely distributed, across the jurisdictional boundaries of two or more of the Atlantic States and of the Federal Government.”
United Boatmen v. Gutierrez, 429 F. Supp. 2d 543 (E.D.N.Y 2006). · cites it 2× “ACFCMA — Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C. § 5101 , et seq., addressees the problem of fishery stocks common to waters under exclusive state jurisdiction, i.”
New York v. Atl. States Marine Fisheries Comm'n, 609 F.3d 524 (2d Cir. 2010). “16 U.S.C. § 5101 (a)(4). Therefore, we hold that ASMFC does not satisfy the definition of an agency as set forth in § 701(b)(1) of the APA.”
Massachusetts Ex Rel. Div. of Marine Fisheries v. Daley, 170 F.3d 23 (1st Cir. 1999). “§ 1856 (b), (c), state-waters fishing is subject to the Atlantic Coastal Fisheries Cooperative Management Act adopted in 1993, 16 U.S.C. § 5101 et seq. The East Coast states participate through the Atlantic States Marine Fisheries Commission (“the Atlantic Commission”), which…”
Unkechaug Indian Nation v. Seggos, 126 F.4th 822 (2d Cir. 2025). “See generally 16 U.S.C. §§5101 , et seq. New York is one of fifteen member states comprising the ASMFC.”
Ace Lobster Co., Inc. v. Evans, 165 F. Supp. 2d 148 (D.R.I. 2001). “” 16 U.S.C. § 5101 (a)(3). To rectify the situation, Congress crafted a new statutory scheme rooted in the Federalist model, wherein [t]he responsibility for managing Atlantic coastal fisheries rests with the States, which carry out a cooperative program of fishery oversight and…”
New York v. Gutierrez, 623 F. Supp. 2d 301 (E.D.N.Y 2009). · cites it 2× “§ 1801 (a)(6); 16 U.S.C. § 5101 (a)(6). Federal agencies directly participate in ASMFC deliberations and decisions: the NMFS and the United States Fish and Wildlife Service serve as voting Board members.”
North Carolina Fisheries Ass'n, Inc. v. Brown, 917 F. Supp. 1108 (E.D. Va. 1996). · cites it 3× “” 16 U.S.C. § 5101 (b). It is aimed at species that “migrate, or are widely distributed, across the jurisdictional boundaries of two or more .”
North Carolina Fisheries Ass'n, Inc. v. Evans, 172 F. Supp. 2d 792 (E.D. Va. 2001). “16 U.S.C. § 5101 (a)(4), et. seq. (2000).”
Medeiros v. Atl. States Marine Fisheries Comm'n, 327 F. Supp. 2d 145 (D.R.I. 2004). “” 16 U.S.C. § 5101 (b). The coastal management act required ASMFC to prepare and adopt coastal fishery management plans providing for the conservation of coastal fishery resources.”
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