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Caught In The Net: The Magnuson-Stevens Act, Extraterritorial Jurisdiction, And Pompano Fishery Management In Florida, Thomas Webb
Caught In The Net: The Magnuson-Stevens Act, Extraterritorial Jurisdiction, And Pompano Fishery Management In Florida, Thomas Webb
University of Miami Business Law Review
The Magnuson-Stevens Fishery Conservation and Management Act delegates to regional councils the authority to create Federal Fishery Management Plans that regulate fisheries within the federal Exclusive Economic Zone. Should no federal Fishery Management Plan exist, the act allows for the extraterritorial enforcement of a state’s regulations on fishermen registered from that state and physically within the federal Exclusive Economic Zone. This grant of extraterritorial jurisdiction creates gaps in federal regulations that allows states to implement state fishery management plans in federal waters. These state plans can produce confusing results like criminalizing federally legal behavior under the guise of allowable state …