II

104TH CONGRESS

1ST SESSION S. 776

[Report No. 104–182]

To reauthorize the Atlantic Striped Bass Conservation Act and the

Anadromous Fish Conservation Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 9 (legislative day, MAY 1), 1995

Mr. CHAFEE (for himself and Mr. KERRY) introduced the following bill; which

was read twice and referred to the Committee on Commerce, Science, and

Transportation

MAY 9 (legislative day, MAY 1), 1995

Ordered that if and when reported by the Committee on Commerce, Science,

and Transportation, the bill be sequentially referred to the Committee on

Environment and Public Works for a period not to exceed 20 session days

to report or be discharged and placed on the Senate Calendar

DECEMBER 7, 1995

Reported by Mr. PRESSLER, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

Referred to the Committee on Environment and Public Works pursuant to the

order of May 9, 1995 for a period not to exceed 20 session days to report

or be discharged

A BILL

To reauthorize the Atlantic Striped Bass Conservation Act

and the Anadromous Fish Conservation Act, and for

other purposes.
2

•S 776 RIS

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 as the ‘‘Striped Bass Act of

5 1995’’.

6 SEC. 2. ATLANTIC STRIPED BASS CONSERVATION ACT.

7 Section 7(a) of the Atlantic Striped Bass Conserva8 tion Act (Public Law 98—613; 16 U.S.C. 1851 note) is

9 amended by striking ‘‘1986’’ and all that follows through

10 ‘‘1994’’ and inserting ‘‘1995 through 1998’’.

11 SEC. 3. ANADROMOUS FISH CONSERVATION ACT.

12 Section 7(d) of the anadromous Fish Conservation

13 Act (16 U.S.C. 757g(d) is amended by striking ‘‘1991,

14 1992, 1993, and 1994’’ and inserting ‘‘1995 through

15 1998’’.

16 SECTION 1. SHORT TITLE.

17 This Act may be cited as the ‘‘Striped Bass Conserva18 tion Act Amendments of 1995’’.

19 SEC. 2. REAUTHORIZATION.

20 Section 7(a) of the Atlantic Striped Bass Conservation

21 Act (16 U.S.C. 1851 note) is amended by striking ‘‘For each

22 of fiscal years 1986,’’ and all that follows through ‘‘1994,’’

23 and inserting ‘‘For each of fiscal years 1995 through

24 1998,’’.
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1 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

2 (a) COMMISSION MONITORING OF IMPLEMENTATION OF

3 INTERSTATE PLAN.—Section 4(a)(1) of the Atlantic

4 Striped Bass Conservation Act (16 U.S.C. 1851 note) is

5 amended in the material preceding subparagraph (A) by

6 striking ‘‘of fiscal year 1987, and of each fiscal year there7 after,’’ and inserting ‘‘of each fiscal year,’’.

8 (b) REPEAL OF INOPERATIVE PROVISIONS.—Sections

9 8 and 10 of the Atlantic Striped Bass Conservation Act (16

10 U.S.C. 1851 note) are repealed.

11 SEC. 4. PUBLIC PARTICIPATION IN PREPARATION OF PLANS

12 AND AMENDMENTS TO PLANS FOR ATLANTIC

13 STRIPED BASS.

14 The Atlantic Striped Bass Conservation Act (16

15 U.S.C. 1851 note), as amended by section 3(b) of this Act,

16 is further amended by adding after section 7 the following

17 new section:

18 ‘‘SEC. 8. PUBLIC PARTICIPATION IN PREPARATION OF

19 PLANS AND AMENDMENTS TO PLANS FOR AT20 LANTIC STRIPED BASS.

21 ‘‘The Commission shall use the procedures developed

22 pursuant to section 805(a) of the Atlantic Coastal Fisheries

23 Cooperative Management Act (16 U.S.C. 5104(a) et seq.)

24 to ensure an adequate opportunity for public participation

25 in the preparation of any plan for the management of At26 lantic Striped Bass and any amendment to such a plan
4

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1 (including any amendment to the Interstate Fisheries Man2 agement Plan for Striped Bass, dated October 1, 1981).’’.

3 SEC. 5. TRANSFER OF EXISTING PROVISION TO ATLANTIC

4 STRIPED BASS CONSERVATION ACT.

5 (a) IN GENERAL.—So much of section 6 of the Act en6 titled ‘‘An Act to authorize appropriations to carry out the

7 Atlantic Striped Bass Conservation Act for fiscal years

8 1989 through 1991, and for other purposes’’ (approved No9 vember 3, 1988; Public Law 100-589; 102 Stat. 2986) as

10 precedes subsection (g) of that section—

11 (1) is transferred from that Act to the Atlantic

12 Striped Bass Conservation Act (16 U.S.C. 1851 note);

13 (2) shall appear immediately after section 8 of

14 the Atlantic Striped Bass Conservation Act, as

15 amended by section 4 of this Act; and

16 (3) is redesignated as section 9 of the Atlantic

17 Striped Bass Conservation Act.

18 SEC. 6. EXTENSION OF AUTHORIZATION FOR STRIPED BASS

19 POPULATION STUDIES; TRANSFER OF PROVI20 SION TO ATLANTIC STRIPED BASS CON21 SERVATION ACT.

22 (a) IN GENERAL.—The Atlantic Striped Bass Con23 servation Act (16 U.S.C. 1581 note) is amended by adding

24 at the end thereof the following:
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1 ‘‘SEC. 10. STRIPED BASS STUDIES.

2 ‘‘(a) SCOPE OF STUDIES.—The Secretaries shall co3 operate with States and other non-Federal interests in con4 ducting scientific studies of the anadromous stocks of Atlan5 tic striped bass. These studies shall include, but not be lim6 ited to—

7 ‘‘(1) estimates of recruitment, spawning poten8 tial, mortality rates, stock composition of coastal fish9 eries, and other population parameters;

10 ‘‘(2) investigations of factors affecting abundance

11 of striped bass, including analyses of the extent and

12 causes of mortality at successive life stages;

13 ‘‘(3) monitoring population abundance and age

14 and sex composition of striped bass stocks based on

15 fishery-dependent and fishery-independent data; and

16 ‘‘(4) the effects of water quality and other habi17 tat changes on the recruitment, spawning potential,

18 mortality rates, and population abundance of the

19 Delaware River striped bass population.

20 ‘‘(b) ANNUAL REPORTS TO CONGRESS.—The Secretar21 ies shall make annual reports to the Congress concerning

22 the progress and findings of the studies conducted pursuant

23 to subsection (a) of this section. Such reports shall, where

24 appropriate, contain recommendations of actions which

25 could be taken to improve the population of striped bass.
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1 ‘‘(c) IMPLEMENTATION OF CONDUCT OF STUDIES.—

2 For purposes of conducting the studies required by this sec3 tion, the Secretaries may enter into agreements with States

4 and other non-Federal interests in accordance with the pro5 visions of the first section of the Anadromous Fish Con6 servation Act (16 U.S.C. 757a) or they may carry out such

7 studies directly, as they deem appropriate: Provided, That

8 any agreement entered into pursuant to this subsection

9 shall be effective only to such extent or in such amounts

10 as are provided in advance in appropriation Acts.

11 ‘‘(d) FUNDING OF STUDIES.—There are authorized to

12 be appropriated for the purposes of carrying out the studies

13 described in subsection (a) of this section not to exceed

14 $1,000,000 for each of the fiscal years 1995, 1996, 1997,

15 and 1998. Funds authorized to be appropriated by this sub16 section are in addition to any funds authorized by section

17 4 of the Anadromous Fish Conservation Act (16 U.S.C.

18 757d) which may be used for projects involving or affecting

19 striped bass.’’.

20 (b) CONFORMING AMENDMENT.—The Anadromous

21 Fish Conservation Act (16 U.S.C. 757a et seq.) is amended

22 by striking section 7.
7

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1 Amend the title so as to read: An Act to amend the

2 Atlantic Striped Bass Conservation Act, and for other pur3 poses.

Æ