I

104TH CONGRESS

1ST SESSION H. R. 393

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

waters and the exclusive economic zone.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. PALLONE (for himself, Mr. SAXTON, and Mr. SHAYS) 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 ‘‘Magnuson Act’’, ‘‘At5 lantic striped bass’’, and ‘‘coastal waters’’ have the same

6 meanings that are given such terms in section 2 of the

7 Atlantic Striped Bass Conservation Act (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 continu15 ing violation constitutes a separate offense. The amount

16 of the civil penalty shall be assessed by the Secretary of

17 Commerce by written notice. In determining the amount

18 of the penalty, the Secretary of Commerce shall take into

19 account the nature, circumstances, extent, and gravity of

20 the prohibited act committed and, with respect to the vio21 lator, the degree of culpability, any history of prior viola22 tions, ability to pay, and such other matters as justice may

23 require.

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

25 Magnuson Act (16 U.S.C. 1858(b)–(e); relating to review

26 of civil penalties; acting upon failure to pay assessment,
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1 compromise, and subpoenas) shall apply to penalties as2 sessed under paragraph (1) to the same extent and in the

3 same manner as if those penalties were assessed under

4 subsection (a) of such section 308.

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

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

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

8 or retained, in any manner, in connection with, or the re9 sult of, the commission of any act that is unlawful under

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

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

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

13 United States under a civil proceeding described in para14 graph (2). The district courts of the United States have

15 jurisdiction over proceedings under this subsection.

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

17 Magnuson Act (16 U.S.C. 1860(c)–(e); relating to judg18 ment, procedure, and rebuttable presumptions) apply with

19 respect to proceedings for forfeiture commenced under

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

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

22 of such section 310.

23 SEC. 3. CONSEQUENTIAL EFFECTS ON EXISTING LAW.

24 (a) COMMISSION ACTION.—The Atlantic States Ma25 rine Fisheries Commission shall promptly take action to
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1 amend the Interstate Fisheries Management Plan for

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

3 the prohibition established under section 2 on the commer4 cial harvesting of Atlantic striped bass in coastal waters.

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

6 United States Fish and Wildlife Service shall adjust the

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

8 100–589 (16 U.S.C. 1851 note) to reflect the prohibition

9 established under section 2 on the commercial harvesting

10 of Atlantic striped bass.

11 (c) REPEAL OF PROVISIONS REGULATING FISHING

12 FOR ATLANTIC STRIPED BASS IN THE EXCLUSIVE ECO13 NOMIC ZONE.—Section 6 of Public Law 100–589 (16

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

Æ