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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1126 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1126

   To improve the conservation and management of interjurisdictional 
fisheries along the Atlantic Coast by providing for greater cooperation 
among the States in implementing conservation and management programs, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                June 17 (legislative day, June 15), 1993

Mr. Hollings (for himself, Mr. Kerry, and Mr. Sarbanes) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
   To improve the conservation and management of interjurisdictional 
fisheries along the Atlantic Coast by providing for greater cooperation 
among the States in implementing conservation and management programs, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited at the ``Atlantic Coastal Fisheries 
Cooperative Management Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Finding.--The 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 adversely 
        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 Act is to support and encourage 
the development, implementation, and enforcement of effective 
interstate conservation and management of Atlantic coastal fishery 
resources.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) The term ``coastal fishery management plan'' means a 
        plan for managing a coastal fishery resource, or an amendment 
        to such plan, prepared and adopted by the Commission, that--
                    (A) contains information regarding the status of 
                the resource and related fisheries;
                    (B) specifies conservation and management actions 
                to be taken by the States; and
                    (C) recommends actions to be taken by the Secretary 
                in the exclusive economic zone to conserve and manage 
                the fishery.
            (2) the term ``coastal fishery resource'' means any 
        fishery, any species of fish, or any stock of fish that moves 
        among, or is broadly distributed across, waters under the 
        jurisdiction of two or more States or waters under the 
        jurisdiction of one or more States and the exclusive economic 
        zone.
            (3) the term ``Commission'' means the Atlantic States 
        Marine Fisheries Commission established under the interstate 
        compact consented to and approved by the Congress in Public 
        Laws 77-539 and 81-721.
            (4) The term ``Councils'' means Regional Fishery Management 
        Councils established under section 302 of the Magnuson Fishery 
        Conservation and Management Act (16 U.S.C. 1852).
            (5) The term ``exclusive economic zone'' means the 
        exclusive economic zone of the United States established by 
        Proclamation Numbered 5030, dated March 10, 1983. For the 
        purposes of this Act, the inner boundary of that zone is a line 
        coterminous with the seaward boundary of each of the coastal 
        States, and the outer boundary of that zone is a line drawn in 
        such a manner that each point on it is two hundred nautical 
        miles from the baseline from which the territorial sea is 
        measured.
            (6) The term ``fish'' means finfish, mollusks, crustaceans, 
        and all other forms of marine animal life other than marine 
        mammals and birds.
            (7) The term ``fishery'' means--
                    (A) one or more stocks of fish that can be treated 
                as a unit for purposes of conservation and management 
                and that are identified on the basis of geographical, 
                scientific, technical, commercial, recreational, or 
                economic characteristics; or
                    (B) any fishing for such stocks.
            (8) The term ``fishing'' means--
                    (A) the catching, taking, or harvesting of fish;
                    (B) the attempted catching, taking, or harvesting 
                of fish;
                    (C) any other activity that can be reasonably 
                expected to result in the catching, taking, or 
                harvesting of fish; or
                    (D) any operations at sea in support of, or in 
                preparation for, any activity described in 
                subparagraphs (A) through (C).
        Such term does not include any scientific research activity.
            (9) The term ``implement and enforce'' means to enact and 
        implement laws or regulations as required to conform with the 
        provisions of a coastal fishery management plan and to assure 
        compliance with such laws or regulations by persons 
        participating in a fishery that is subject to such plan.
            (10) the term ``person'' means any individual (whether or 
        not a citizen or national of the United States), any 
        corporation, partnership, association, or other entity (whether 
        or not organized or existing under the laws of any State), and 
        any Federal, State, local, or foreign government or any entity 
        of any such government.
            (11) The term ``Secretaries'' means the Secretary of 
        Commerce and the Secretary of the Interior.
            (12) the term ``Secretary'' means the Secretary of 
        Commerce.
            (13) the term ``State'' means Maine, New Hampshire, 
        Massachusetts, Rhode Island, Connecticut, New York, New Jersey, 
        Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 
        South Carolina, Georgia, Florida, the District of Columbia, or 
        the Potomac River Fisheries Commission.

SEC. 4. STATE-FEDERAL COOPERATION IN ATLANTIC COASTAL FISHERY 
              MANAGEMENT.

    (a) Federal Support for State Coastal Fisheries Programs.--The 
Secretary in cooperation with the Secretary of the Interior shall 
develop and implement a program to support the interstate fishery 
management efforts of the Commission. The program shall include 
activities to support and enhance State cooperation in collection, 
management, and analysis of fishery data; law enforcement; habitat 
conservation; fishery research, including biological and socioeconomic 
research; and fishery management planning.
    (b) Federal Regulation in Exclusive Economic Zone.--(1) In the 
absence of an approved and implemented fishery management plan under 
the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.), and after consultation with the appropriate Councils, the 
Secretary may implement regulations to govern fishing in the exclusive 
economic zone that are--
            (A) necessary to support the effective implementation of a 
        coastal fishery management plan; and
            (B) consistent with the national standards set forth in 
        section 301 of the Magnuson Fishery Conservation and Management 
        Act (16 U.S.C. 1851).
The regulations may include measures recommended by the Commission to 
the Secretary that are necessary to support the provisions of the 
coastal fishery management plan. Regulations issued by the Secretary to 
implement an approved fishery management plan prepared by the 
appropriate Councils or the Secretary under the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) shall 
supersede any conflicting regulations issued by the Secretary under 
this subsection.
    (2) The provisions of sections 307, 308, 309, 310, and 311 of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1857, 1858, 
1859, 1860, and 1861) regarding prohibited acts, civil penalties, 
criminal offenses, civil forfeitures, and enforcement shall apply with 
respect to regulations issued under this subsection as if such 
regulations were issued under the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.).

SEC. 5. STATE IMPLEMENTATION OF COASTAL FISHERY MANAGEMENT PLANS.

    (A) Coastal Fishery Management Plans.--The Commission shall prepare 
and adopt coastal fishery management plans to provide for the 
conservation and management of coastal fishery resources. In preparing 
a coastal fishery management plan for a fishery that is located in both 
State waters and the exclusive economic zone, the Commission shall 
consult with appropriate Councils to determine areas where such coastal 
fishery management plan may complement Council fishery management 
plans. The coastal fishery management plan shall specify the 
requirements necessary for States to be in compliance with the plan. 
Upon adoption of a coastal fishery management plan, the Commission 
shall identify each State that is required to implement and enforce 
that plan.
    (b) State Implementation and Enforcement.--(1) Each State 
identified under subsection (a) with respect to a coastal fishery 
management plan shall implement and enforce the measures of such plan 
within the time frame established in the plan.
    (2) Within ninety days after the date of enactment of this Act, the 
Commission shall establish a schedule of time frames within which 
States shall implement and enforce the measures of coastal fishery 
management plans in existence before such date of enactment. No such 
time frame shall exceed twelve months after the date on which the 
schedule is adopted.
    (c) Commission Monitoring of State Implementation and 
Enforcement.--The Commission shall, at least annually, review each 
State's implementation and enforcement of coastal fishery management 
plans for the purpose of determining whether such State is effectively 
implementing and enforcing each such plan. Upon completion of such 
reviews, the Commission shall report the results of the reviews to the 
Secretaries.

SEC. 6 STATE NONCOMPLIANCE WITH COASTAL FISHERY MANAGEMENT PLANS.

    (a) Noncompliance Determination.--The Commission shall determine 
that a State is not in compliance with the provisions of a coastal 
fishery management plan if it finds that the State has not implemented 
and enforced such plan within the time frames established under the 
plan or under section 5.
    (b) Notification.--Upon making any determination under subsection 
(a), the Commission shall within ten working days notify the 
Secretaries of such determination. Such notification shall include the 
reasons for making the determination and an explicit list of actions 
that the affected State must take to comply with the coastal fishery 
management plan. The Commission shall provide a copy of the 
notification to the affected State.
    (c) Withdrawal of Noncompliance Determination.--After making a 
determination under subsection (a), the Commission shall continue to 
monitor State implementation and enforcement. Upon finding that a State 
has complied with the actions required under subsection (b), the 
Commission shall immediately withdraw its determination of 
noncompliance. The Commission shall promptly notify the Secretaries of 
such withdrawal.

SEC. 7. SECRETARIAL ACTION.

    (a) Secretarial Review of Commission Determination of 
Noncompliance.--Within thirty days after receiving a notification from 
the Commission under section 6(b) and after review of the Commission's 
determination of noncompliance, the Secretary in consultation with the 
Secretary of the Interior shall make a finding on--
            (1) whether the State in question has failed to carry out 
        its responsibility under section 5; and
            (2) if so, whether the measures that the State has failed 
        to implement and enforce are necessary for the conservation and 
        management of the fishery in question.
    (b) Consideration of Comments.--In making a finding under 
subsection (a), the Secretary shall solicit and consider the comments 
of the Commission, the affected State, and the appropriate Councils.
    (c) Moratorium.--(1) Upon making a finding under subsection (a) 
that a State has failed to carry out its responsibility under section 5 
and that the measures it failed to implement and enforce are necessary 
for conservation and management, the Secretary shall declare a 
moratorium on fishing in the fishery in question within the waters of 
the noncomplying State. The Secretary shall specify the moratorium's 
effective date, which shall be any date within 6 months after 
declaration of the moratorium.
    (2) If after a moratorium is declared under paragraph (1) the 
Secretaries are notified by the Commission that the Commission is 
withdrawing under section 6(c) the determination of noncompliance, the 
Secretary in consultation with the Secretary of the Interior shall 
immediately determine whether the State is in compliance with the 
applicable plan. If so, the moratorium shall be terminated.
    (d) Implementing Regulations.--The Secretary in consultation with 
the Secretary of the Interior may issue regulations necessary to 
implement this section. Such regulations may provide for the possession 
and use of fish which have been produced in an aquaculture operation, 
subject to applicable State regulations.
    (e) Prohibited Acts During Moratorium.--During the time in which a 
moratorium under this section is in effect, it is unlawful for any 
person to--
            (1) violate the terms of the moratorium or of any 
        implementing regulation issued under subsection (d);
            (2) engage in fishing for any species of fish to which the 
        moratorium applies within the waters of the State subject to 
        the moratorium;
            (3) land, attempt to land, or possess fish that are caught, 
        taken, or harvested in violation of the moratorium or of any 
        implementing regulation issued under subsection (d);
            (4) fail to return to the water immediately, with a minimum 
        of injury, any fish to which the moratorium applies that are 
        taken incidental to fishing for species other than those to 
        which the moratorium applies;
            (5) possess within the State subject to the moratorium, 
        including the waters of that State, any fish to which the 
        moratorium applies;
            (6) refuse to permit any officer authorized to enforce the 
        provisions of this Act to board a fishing vessel subject to 
        such person's control for purposes of conducting any search or 
        inspection in connection with the enforcement of this Act;
            (7) forcibly assault, resist, oppose, impede, intimidate, 
        or interfere with any such authorized officer in the conduct of 
        any search or inspection under this Act;
            (8) resist a lawful arrest for any act prohibited by this 
        section;
            (9) ship, transport, offer for sale, sell, purchase, 
        import, or have custody, control, or possession of, any fish 
        taken or retained in violation of this Act; or
            (10) interfere with, delay, or prevent, by any means, the 
        apprehension or arrest of another person, knowing that such 
        other person has committed any act prohibited by this section.
    (f) Civil and Criminal Penalties.--(1) Any person who commits any 
act that is unlawful under subsection (e) shall be liable to the United 
States for a civil penalty as provided by section 308 of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1858).
    (2) Any person who commits an act prohibited by paragraph (6), (7), 
(8), or (10) of subsection (e) is guilty of an offense punishable as 
provided by section 309 (a)(1) and (b) of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1859 (a)(1) and (b)).
    (g) Civil Forfeitures.--(1) 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 of any act that is 
unlawful under subsection (e), shall be subject to forfeiture to the 
United States as provided in section 310 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1860).
    (2) Any fish seized pursuant to this Act may be disposed of 
pursuant to the order of a court of competent jurisdiction or, if 
perishable, in a manner prescribed in regulation.
    (h) Enforcement.--A person authorized by the Secretary, the 
Secretary of the department in which the Coast Guard is operating, or 
the Secretary of the Interior may take any action to enforce a 
moratorium declared under subsection (c) of this section that an 
officer authorized by the Secretary under section 311(b) of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1861(b)) 
may take to enforce that Act. The Secretaries 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 in carrying 
out that enforcement.

SEC. 8. FINANCIAL ASSISTANCE.

    The Secretaries may provide financial assistance to the Commission 
and to the States to carry out their respective responsibilities under 
this Act, including--
            (1) the preparation, implementation, and enforcement of 
        coastal fishery management plans; and
            (2) State activities that are specifically required within 
        such plans.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    To carry out the provisions of this Act, there are authorized to be 
appropriated $3,000,000 for fiscal year 1994, $5,000,000 for fiscal 
year 1995, and $7,000,000 for fiscal year 1996.

SEC. 10. ATLANTIC STRIPED BASS CONSERVATION ACT.

    Section 9 of the Atlantic Striped Bass Conservation Act (16 U.S.C. 
1851 note) is repealed.

SEC. 11. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

    Section 308(c) of the Interjurisdictional Fisheries Act of 1986 (16 
U.S.C. 4107(c)) is amended by inserting ``, and $600,000 for each of 
the fiscal years 1994 and 1995,'' immediately after ``and 1993''.

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