II

105TH CONGRESS

1ST SESSION S. 1192

To limit the size of vessels permitted to fish for Atlantic mackerel or herring,

to the size permitted under the appropriate fishery management plan.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 18, 1997

Ms. SNOWE (for herself, Mr. KERRY, and Mr. KENNEDY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To limit the size of vessels permitted to fish for Atlantic

mackerel or herring, to the size permitted under the

appropriate fishery management plan.

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 ‘‘North Atlantic Fish5 eries Resource Conservation Act’’.

6 SEC. 2. HARVEST OF ATLANTIC MACKEREL AND HERRING

7 BY LARGE FISHING VESSELS.

8 (a) PERMIT REQUIRED.—Notwithstanding any other

9 provision of law to the contrary, the Secretary of Com-
2

S 1192 IS

1 merce may not authorize or permit any fishing vessel (as

2 defined in section 3(17) of the Magnuson-Stevens Fishery

3 Conservation and Management Act (16 U.S.C. 1802(17)

4 that—

5 (1) is 165 feet in length or longer; or

6 (2) has an engine or engines capable of produc7 ing a total of more than 3,000 horsepower,

8 to harvest Atlantic mackerel or Atlantic herring in a fish9 ery unless the participation of such a vessel is specifically

10 allowed under a fishery management plan developed and

11 implemented for that fishery under the Magnuson-Stevens

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

13 1801 et seq.).

14 (b) EXISTING PERMIT TO BE REVOKED.—Within 5

15 days after the date of enactment of this Act, the Secretary

16 shall revoke any permit issued by the Secretary before that

17 date to a vessel described in subsection (a) under which

18 the vessel would be permitted to harvest Atlantic mackerel

19 or Atlantic herring in such a fishery.

20 (c) FISHERY MANAGEMENT PLAN.—

21 (1) IMPLEMENTATION OF PLAN.—The New

22 England Fishery Management Council shall prepare

23 and submit a fishery management plan for Atlantic

24 herring no later than June 30, 1998. The Secretary
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S 1192 IS

1 of Commerce shall implement the plan no later than

2 September 30, 1998.

3 (2) AMENDMENT OF PLAN TO PERMIT LARGER

4 VESSELS TO HARVEST.—The Mid-Atlantic Fishery

5 Management Council, in consultation with the New

6 England Fishery Management Council, shall prepare

7 and submit, no later than June 30, 1998, an amend8 ment to the Fishery Management Plan for Atlantic

9 Mackerel, Squid, and Butterfish Fisheries which

10 specifically addresses the participation of vessels de11 scribed in subsection (a) in the harvesting of Atlan12 tic mackerel. The Secretary of Commerce shall im13 plement the amendment no later than September 30,

14 1998.

15 (3) VESSEL LENGTH AND POWER CRITERIA.—

16 The Council and the Secretary may include vessel

17 length or vessel power limitations, or both, in any

18 fishery management plan or amendment under para19 graph (1) or (2). The limitations may be greater or

20 smaller than the vessel length and vessel power of a

21 vessel described in subsection (a).

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