II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited at the ‘‘Atlantic Coastal Fish5 eries Cooperative Management Act’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDING.—The Congress finds the following:
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1 (1) Coastal fishery resources that migrate, or

2 are widely distributed, across the jurisdictional

3 boundaries of two or more of the Atlantic States and

4 of the Federal Government are of substantial com5 mercial and recreational importance and economic

6 benefit to the Atlantic coastal region and the

7 Nation.

8 (2) Increased fishing pressure, environmental

9 pollution, and the loss and alteration of habitat have

10 reduced severely certain Atlantic coastal fishery

11 resources.

12 (3) Because no single governmental entity has

13 exclusive management authority for Atlantic coastal

14 fishery resources, harvesting of such resources is fre15 quently subject to disparate, inconsistent, and inter16 mittent State and Federal regulation that has been

17 detrimental to the conservation and sustainable use

18 of such resources and to the interests of fishermen

19 and the Nation as a whole.

20 (4) The responsibility for managing Atlantic

21 coastal fisheries rests with the States, which carry

22 out a cooperative program of fishery oversight and

23 management through the Atlantic States Marine

24 Fisheries Commission. It is the responsibility of the
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1 Federal Government to support such cooperative

2 interstate management of coastal fishery resources.

3 (5) The failure by one or more Atlantic States

4 to fully implement a coastal fishery management

5 plan can adversely affect the status of Atlantic

6 coastal fisheries, and can discourage other States

7 from fully implementing coastal fishery management

8 plans.

9 (6) It is in the national interest to provide for

10 more effective Atlantic State fishery resource con11 servation and management.

12 (b) PURPOSE.—The purpose of this Act is to support

13 and encourage the development, implementation, and en14 forcement of effective interstate conservation and manage15 ment of Atlantic coastal fishery resources.

16 SEC. 3. DEFINITIONS.

17 In this Act, the following definitions apply:

18 (1) The term ‘‘coastal fishery management

19 plan’’ means a plan for managing a coastal fishery

20 resource, or an amendment to such plan, prepared

21 and adopted by the Commission, that—

22 (A) contains information regarding the sta23 tus of the resource and related fisheries;

24 (B) specifies conservation and management

25 actions to be taken by the States; and
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1 (C) recommends actions to be taken by the

2 Secretary in the exclusive economic zone to con3 serve and manage the fishery.

4 (2) the term ‘‘coastal fishery resource’’ means

5 any fishery, any species of fish, or any stock of fish

6 that moves among, or is broadly distributed across,

7 waters under the jurisdiction of two or more States

8 or waters under the jurisdiction of one or more

9 States and the exclusive economic zone.

10 (3) the term ‘‘Commission’’ means the Atlantic

11 States Marine Fisheries Commission established

12 under the interstate compact consented to and ap13 proved by the Congress in Public Laws 77–539 and

14 81–721.

15 (4) The term ‘‘Councils’’ means Regional Fish16 ery Management Councils established under section

17 302 of the Magnuson Fishery Conservation and

18 Management Act (16 U.S.C. 1852).

19 (5) The term ‘‘exclusive economic zone’’ means

20 the exclusive economic zone of the United States es21 tablished by Proclamation Numbered 5030, dated

22 March 10, 1983. For the purposes of this Act, the

23 inner boundary of that zone is a line coterminous

24 with the seaward boundary of each of the coastal

25 States, and the outer boundary of that zone is a line
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1 drawn in such a manner that each point on it is two

2 hundred nautical miles from the baseline from which

3 the territorial sea is measured.

4 (6) The term ‘‘fish’’ means finfish, mollusks,

5 crustaceans, and all other forms of marine animal

6 life other than marine mammals and birds.

7 (7) The term ‘‘fishery’’ means—

8 (A) one or more stocks of fish that can be

9 treated as a unit for purposes of conservation

10 and management and that are identified on the

11 basis of geographical, scientific, technical, com12 mercial, recreational, or economic characteris13 tics; or

14 (B) any fishing for such stocks.

15 (8) The term ‘‘fishing’’ means—

16 (A) the catching, taking, or harvesting of

17 fish;

18 (B) the attempted catching, taking, or har19 vesting of fish;

20 (C) any other activity that can be reason21 ably expected to result in the catching, taking,

22 or harvesting of fish; or

23 (D) any operations at sea in support of, or

24 in preparation for, any activity described in

25 subparagraphs (A) through (C).
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1 Such term does not include any scientific research

2 activity.

3 (9) The term ‘‘implement and enforce’’ means

4 to enact and implement laws or regulations as re5 quired to conform with the provisions of a coastal

6 fishery management plan and to assure compliance

7 with such laws or regulations by persons participat8 ing in a fishery that is subject to such plan.

9 (10) the term ‘‘person’’ means any individual

10 (whether or not a citizen or national of the United

11 States), any corporation, partnership, association, or

12 other entity (whether or not organized or existing

13 under the laws of any State), and any Federal,

14 State, local, or foreign government or any entity of

15 any such government.

16 (11) The term ‘‘Secretaries’’ means the

17 Secretary of Commerce and the Secretary of the

18 Interior.

19 (12) the term ‘‘Secretary’’ means the Secretary

20 of Commerce.

21 (13) the term ‘‘State’’ means Maine, New

22 Hampshire, Massachusetts, Rhode Island, Connecti23 cut, New York, New Jersey, Pennsylvania, Dela24 ware, Maryland, Virginia, North Carolina, South
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1 Carolina, Georgia, Florida, the District of Columbia,

2 or the Potomac River Fisheries Commission.

3 SEC. 4. STATE-FEDERAL COOPERATION IN ATLANTIC

4 COASTAL FISHERY MANAGEMENT.

5 (a) FEDERAL SUPPORT FOR STATE COASTAL FISH6 ERIES PROGRAMS.—The Secretary in cooperation with the

7 Secretary of the Interior shall develop and implement a

8 program to support the interstate fishery management ef9 forts of the Commission. The program shall include activi10 ties to support and enhance State cooperation in collec11 tion, management, and analysis of fishery data; law en12 forcement; habitat conservation; fishery research, includ13 ing biological and socioeconomic research; and fishery

14 management planning.

15 (b) FEDERAL REGULATION IN EXCLUSIVE ECO16 NOMIC ZONE.—(1) In the absence of an approved and im17 plemented fishery management plan under the Magnuson

18 Fishery Conservation and Management Act (16 U.S.C.

19 1801 et seq.), and after consultation with the appropriate

20 Councils, the Secretary may implement regulations to gov21 ern fishing in the exclusive economic zone that are—

22 (A) necessary to support the effective imple23 mentation of a coastal fishery management plan;

24 and
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1 (B) consistent with the national standards set

2 forth in section 301 of the Magnuson Fishery Con3 servation and Management Act (16 U.S.C. 1851).

4 The regulations may include measures recommended by

5 the Commission to the Secretary that are necessary to

6 support the provisions of the coastal fishery management

7 plan. Regulations issued by the Secretary to implement

8 an approved fishery management plan prepared by the ap9 propriate Councils or the Secretary under the Magnuson

10 Fishery Conservation and Management Act (16 U.S.C.

11 1801 et seq.) shall supersede any conflicting regulations

12 issued by the Secretary under this subsection.

13 (2) The provisions of sections 307, 308, 309, 310,

14 and 311 of the Magnuson Fishery Conservation and Man15 agement Act (16 U.S.C. 1857, 1858, 1859, 1860, and

16 1861) regarding prohibited acts, civil penalties, criminal

17 offenses, civil forfeitures, and enforcement shall apply with

18 respect to regulations issued under this subsection as if

19 such regulations were issued under the Magnuson Fishery

20 Conservation and Management Act (16 U.S.C. 1801 et

21 seq.).

22 SEC. 5. STATE IMPLEMENTATION OF COASTAL FISHERY

23 MANAGEMENT PLANS.

24 (A) COASTAL FISHERY MANAGEMENT PLANS.—The

25 Commission shall prepare and adopt coastal fishery man-
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1 agement plans to provide for the conservation and man2 agement of coastal fishery resources. In preparing a coast3 al fishery management plan for a fishery that is located

4 in both State waters and the exclusive economic zone, the

5 Commission shall consult with appropriate Councils to de6 termine areas where such coastal fishery management

7 plan may complement Council fishery management plans.

8 The coastal fishery management plan shall specify the re9 quirements necessary for States to be in compliance with

10 the plan. Upon adoption of a coastal fishery management

11 plan, the Commission shall identify each State that is re12 quired to implement and enforce that plan.

13 (b) STATE IMPLEMENTATION AND ENFORCEMENT.—

14 (1) Each State identified under subsection (a) with respect

15 to a coastal fishery management plan shall implement and

16 enforce the measures of such plan within the time frame

17 established in the plan.

18 (2) Within ninety days after the date of enactment

19 of this Act, the Commission shall establish a schedule of

20 time frames within which States shall implement and en21 force the measures of coastal fishery management plans

22 in existence before such date of enactment. No such time

23 frame shall exceed twelve months after the date on which

24 the schedule is adopted.
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1 (c) COMMISSION MONITORING OF STATE IMPLEMEN2 TATION AND ENFORCEMENT.—The Commission shall, at

3 least annually, review each State’s implementation and en4 forcement of coastal fishery management plans for the

5 purpose of determining whether such State is effectively

6 implementing and enforcing each such plan. Upon comple7 tion of such reviews, the Commission shall report the re8 sults of the reviews to the Secretaries.

9 SEC. 6 STATE NONCOMPLIANCE WITH COASTAL FISHERY

10 MANAGEMENT PLANS.

11 (a) NONCOMPLIANCE DETERMINATION.—The Com12 mission shall determine that a State is not in compliance

13 with the provisions of a coastal fishery management plan

14 if it finds that the State has not implemented and enforced

15 such plan within the time frames established under the

16 plan or under section 5.

17 (b) NOTIFICATION.—Upon making any determina18 tion under subsection (a), the Commission shall within ten

19 working days notify the Secretaries of such determination.

20 Such notification shall include the reasons for making the

21 determination and an explicit list of actions that the af22 fected State must take to comply with the coastal fishery

23 management plan. The Commission shall provide a copy

24 of the notification to the affected State.
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1 (c) WITHDRAWAL OF NONCOMPLIANCE DETERMINA2 TION.—After making a determination under subsection

3 (a), the Commission shall continue to monitor State imple4 mentation and enforcement. Upon finding that a State has

5 complied with the actions required under subsection (b),

6 the Commission shall immediately withdraw its determina7 tion of noncompliance. The Commission shall promptly no8 tify the Secretaries of such withdrawal.

9 SEC. 7. SECRETARIAL ACTION.

10 (a) SECRETARIAL REVIEW OF COMMISSION DETER11 MINATION OF NONCOMPLIANCE.—Within thirty days after

12 receiving a notification from the Commission under sec13 tion 6(b) and after review of the Commission’s determina14 tion of noncompliance, the Secretary in consultation with

15 the Secretary of the Interior shall make a finding on—

16 (1) whether the State in question has failed to

17 carry out its responsibility under section 5; and

18 (2) if so, whether the measures that the State

19 has failed to implement and enforce are necessary

20 for the conservation and management of the fishery

21 in question.

22 (b) CONSIDERATION OF COMMENTS.—In making a

23 finding under subsection (a), the Secretary shall solicit

24 and consider the comments of the Commission, the af25 fected State, and the appropriate Councils.
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1 (c) MORATORIUM.—(1) Upon making a finding under

2 subsection (a) that a State has failed to carry out its re3 sponsibility under section 5 and that the measures it failed

4 to implement and enforce are necessary for conservation

5 and management, the Secretary shall declare a morato6 rium on fishing in the fishery in question within the waters

7 of the noncomplying State. The Secretary shall specify the

8 moratorium’s effective date, which shall be any date within

9 6 months after declaration of the moratorium.

10 (2) If after a moratorium is declared under para11 graph (1) the Secretaries are notified by the Commission

12 that the Commission is withdrawing under section 6(c) the

13 determination of noncompliance, the Secretary in con14 sultation with the Secretary of the Interior shall imme15 diately determine whether the State is in compliance with

16 the applicable plan. If so, the moratorium shall be termi17 nated.

18 (d) IMPLEMENTING REGULATIONS.—The Secretary

19 in consultation with the Secretary of the Interior may

20 issue regulations necessary to implement this section.

21 Such regulations may provide for the possession and use

22 of fish which have been produced in an aquaculture oper23 ation, subject to applicable State regulations.
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1 (e) PROHIBITED ACTS DURING MORATORIUM.—Dur2 ing the time in which a moratorium under this section is

3 in effect, it is unlawful for any person to—

4 (1) violate the terms of the moratorium or of

5 any implementing regulation issued under subsection

6 (d);

7 (2) engage in fishing for any species of fish to

8 which the moratorium applies within the waters of

9 the State subject to the moratorium;

10 (3) land, attempt to land, or possess fish that

11 are caught, taken, or harvested in violation of the

12 moratorium or of any implementing regulation is13 sued under subsection (d);

14 (4) fail to return to the water immediately, with

15 a minimum of injury, any fish to which the morato16 rium applies that are taken incidental to fishing for

17 species other than those to which the moratorium

18 applies;

19 (5) possess within the State subject to the mor20 atorium, including the waters of that State, any fish

21 to which the moratorium applies;

22 (6) refuse to permit any officer authorized to

23 enforce the provisions of this Act to board a fishing

24 vessel subject to such person’s control for purposes
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1 of conducting any search or inspection in connection

2 with the enforcement of this Act;

3 (7) forcibly assault, resist, oppose, impede, in4 timidate, or interfere with any such authorized offi5 cer in the conduct of any search or inspection under

6 this Act;

7 (8) resist a lawful arrest for any act prohibited

8 by this section;

9 (9) ship, transport, offer for sale, sell, purchase,

10 import, or have custody, control, or possession of,

11 any fish taken or retained in violation of this Act;

12 or

13 (10) interfere with, delay, or prevent, by any

14 means, the apprehension or arrest of another person,

15 knowing that such other person has committed any

16 act prohibited by this section.

17 (f) CIVIL AND CRIMINAL PENALTIES.—(1) Any per18 son who commits any act that is unlawful under sub19 section (e) shall be liable to the United States for a civil

20 penalty as provided by section 308 of the Magnuson Fish21 ery Conservation and Management Act (16 U.S.C. 1858).

22 (2) Any person who commits an act prohibited by

23 paragraph (6), (7), (8), or (10) of subsection (e) is guilty

24 of an offense punishable as provided by section 309 (a)(1)
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1 and (b) of the Magnuson Fishery Conservation and Man2 agement Act (16 U.S.C. 1859 (a)(1) and (b)).

3 (g) CIVIL FORFEITURES.—(1) Any vessel (including

4 its gear, equipment, appurtenances, stores, and cargo)

5 used, and any fish (or the fair market value thereof) taken

6 or retained, in any manner, in connection with, or as the

7 result of, the commission of any act that is unlawful under

8 subsection (e), shall be subject to forfeiture to the United

9 States as provided in section 310 of the Magnuson Fishery

10 Conservation and Management Act (16 U.S.C. 1860).

11 (2) Any fish seized pursuant to this Act may be dis12 posed of pursuant to the order of a court of competent

13 jurisdiction or, if perishable, in a manner prescribed in

14 regulation.

15 (h) ENFORCEMENT.—A person authorized by the

16 Secretary, the Secretary of the department in which the

17 Coast Guard is operating, or the Secretary of the Interior

18 may take any action to enforce a moratorium declared

19 under subsection (c) of this section that an officer author20 ized by the Secretary under section 311(b) of the Magnu21 son Fishery Conservation and Management Act (16

22 U.S.C. 1861(b)) may take to enforce that Act. The Sec23 retaries may, by agreement, on a reimbursable basis or

24 otherwise, utilize the personnel, services, equipment (in25 cluding aircraft and vessels), and facilities of any other
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1 Federal department or agency and of any agency of a

2 State in carrying out that enforcement.

3 SEC. 8. FINANCIAL ASSISTANCE.

4 The Secretaries may provide financial assistance to

5 the Commission and to the States to carry out their re6 spective responsibilities under this Act, including—

7 (1) the preparation, implementation, and en8 forcement of coastal fishery management plans; and

9 (2) State activities that are specifically required

10 within such plans.

11 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

12 To carry out the provisions of this Act, there are au13 thorized to be appropriated $3,000,000 for fiscal year

14 1994, $5,000,000 for fiscal year 1995, and $7,000,000

15 for fiscal year 1996.

16 SEC. 10. ATLANTIC STRIPED BASS CONSERVATION ACT.

17 Section 9 of the Atlantic Striped Bass Conservation

18 Act (16 U.S.C. 1851 note) is repealed.

19 SEC. 11. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

20 Section 308(c) of the Interjurisdictional Fisheries Act

21 of 1986 (16 U.S.C. 4107(c)) is amended by inserting ‘‘,

22 and $600,000 for each of the fiscal years 1994 and 1995,’’

23 immediately after ‘‘and 1993’’.

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