I 

109TH CONGRESS 

1ST SESSION H. R. 2059

To prohibit the commercial harvesting of Atlantic striped bass in the coastal 

waters and the exclusive economic zone. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2005

Mr. PALLONE introduced the following bill; which was referred to the 

Committee on Resources 

A BILL

To prohibit the commercial harvesting of Atlantic striped 

bass in the coastal waters and the exclusive economic zone.

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

3 SECTION 1. DEFINITIONS. 

4 As used in this Act, the terms ‘‘Atlantic striped bass’’ 

5 and ‘‘coastal waters’’ have the same meanings that are 

6 given such terms in section 3 of the Atlantic Striped Bass 

7 Conservation Act (Public Law 98–613; 16 U.S.C. 1851 

8 note). 
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1 SEC. 2. PROHIBITION ON COMMERCIAL HARVESTING OF 

2 ATLANTIC STRIPED BASS. 

3 (a) PROHIBITION.—It is unlawful to engage in, or to 

4 attempt to engage in, the commercial harvesting of Atlan5 tic striped bass in the coastal waters or in the exclusive 

6 economic zone established by Proclamation Numbered 

7 5030, dated March 10, 1983. 

8 (b) PENALTIES.—(1) Any person who is found by the 

9 Secretary of Commerce after notice and an opportunity 

10 for a hearing in accordance with section 554 of title 5, 

11 United States Code, to have committed an act that is un12 lawful under subsection (a), is liable to the United States 

13 for a civil penalty. The amount of the civil penalty may 

14 not exceed $1,000 for each violation. Each day of con15 tinuing violation constitutes a separate offense. The 

16 amount of the civil penalty shall be assessed by the Sec17 retary of Commerce by written notice. In determining the 

18 amount of the penalty, the Secretary of Commerce shall 

19 take into account the nature, circumstances, extent, and 

20 gravity of the prohibited act committed and, with respect 

21 to the violator, the degree of culpability, any history of 

22 prior violations, ability to pay, and such other matters as 

23 justice may require. 

24 (2) Subsections (b) through (e) of section 308 of the 

25 Magnuson-Stevens Fishery Conservation and Manage26 ment Act (16 U.S.C. 1858(b)–(e); relating to review of 
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1 civil penalties; acting upon failure to pay assessment, com2 promise, and subpoenas) shall apply to penalties assessed 

3 under paragraph (1) to the same extent and in the same 

4 manner as if those penalties were assessed under sub5 section (a) of such section 308. 

6 (c) CIVIL FORFEITURES.—(1) Any vessel (including 

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

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

9 or retained, in any manner, in connection with, or the re10 sult of, the commission of any act that is unlawful under 

11 subsection (a), is subject to forfeiture to the United 

12 States. All or part of the vessel may, and all such fish 

13 (or the fair market value thereof) shall, be forfeited to the 

14 United States under a civil proceeding described in para15 graph (2). The district courts of the United States have 

16 jurisdiction over proceedings under this subsection. 

17 (2) Subsections (c) through (e) of section 310 of the 

18 Magnuson-Stevens Fishery Conservation and Manage19 ment Act (16 U.S.C. 1860(c)–(e); relating to judgment, 

20 procedure, and rebuttable presumptions) shall apply with 

21 respect to proceedings for forfeiture commenced under 

22 this subsection to the same extent and in the same manner 

23 as if the proceeding were commenced under subsection (a) 

24 of such section 310. 
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1 SEC. 3. CONSEQUENTIAL EFFECTS ON EXISTING LAW. 

2 (a) COMMISSION ACTION.—The Atlantic States Ma3 rine Fisheries Commission shall promptly take action to 

4 amend the Interstate Fisheries Management Plan for 

5 Striped Bass, dated October 1, 1981, to take into account 

6 the prohibition established under section 2 on the commer7 cial harvesting of Atlantic striped bass in coastal waters. 

8 (b) STRIPED BASS STUDY.—The Director of the 

9 United States Fish and Wildlife Service shall adjust the 

10 scope of the study required under section 5 of Public Law 

11 100–589 (16 U.S.C. 1851 note) to reflect the prohibition 

12 established under section 2 on the commercial harvesting 

13 of Atlantic striped bass. 

14 (c) REPEAL OF PROVISIONS REGULATING FISHING

15 FOR ATLANTIC STRIPED BASS IN THE EXCLUSIVE ECO16 NOMIC ZONE.—Section 6 of Public Law 100–589 (16 

17 U.S.C. 1851 note) is repealed.

Æ