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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2134 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2134

   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 HOUSE OF REPRESENTATIVES

                              May 17, 1993

     Mr. Studds (for himself, Mr. Manton, Mr. Hughes, Mr. Frank of 
 Massachusetts, Mr. Saxton, Mr. Towns, Mr. Ackerman, and Mrs. Bentley) 
 introduced the following bill; which was referred to the Committee on 
                     Merchant Marine and Fisheries

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Atlantic Coastal Fisheries 
Cooperative Management Act of 1993''.

SEC. 2. STATE-FEDERAL COOPERATION IN ATLANTIC COASTAL FISHERIES 
              MANAGEMENT.

    (a) Federal Support for State Coastal Fisheries Programs.--The 
Secretaries shall develop and implement a program to support the 
fisheries management programs of the Commission. The program will 
include elements to support and enhance State cooperation in--
            (1) collection, management, and analysis of fisheries data;
            (2) law enforcement;
            (3) habitat conservation;
            (4) fisheries research, including biological and 
        socioeconomic research; and
            (5) fishery management planning.
    (b) Federal Regulations Pertaining to a Fishery Covered by an 
Interstate Fishery Management Plan in the Atlantic Ocean.--
            (1) In general.--The Secretary, after consultation with the 
        Councils having jurisdiction over fisheries to which an 
        interstate fishery management plan applies, may issue and 
        implement regulations to govern fishing in the exclusive 
        economic zone that are necessary to support the effective 
        implementation of the interstate fishery management plan 
        adopted for a fishery for which there is not in effect a 
        Federal fishery management plan. These regulations may include 
        measures recommended by the Commission to the Secretary that 
        are necessary to support the provisions of the interstate 
        fishery management plan for that fishery.
            (2) Superseding regulations.--Regulations issued by the 
        Secretary to implement a Federal fishery management plan for a 
        fishery shall supersede any regulations issued by the Secretary 
        under this section for that fishery.
            (3) Enforcement.--The provisions of sections 307, 308, 309, 
        310, and 311 of the Magnuson Fishery Conservation and 
        Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) 
        regarding prohibited acts, civil penalties, criminal offenses, 
        civil forfeitures, and enforcement shall apply with respect to 
        regulations issued under this subsection as if such regulations 
        were issued under the Magnuson Fishery Conservation and 
        Management Act.

SEC. 3. ADOPTION AND IMPLEMENTATION OF INTERSTATE FISHERY MANAGEMENT 
              PLANS.

    (a) Adoption of Plans.--
            (1) In general.--The Commission shall prepare and adopt 
        fishery management plans or amendments to fishery management 
        plans in accordance with this section to provide for the 
        conservation and management of coastal fishery resources.
            (2) Consultation.--In preparing a fishery management plan 
        or an amendment under this subsection, the Commission shall 
        consult with appropriate Councils to determine areas where 
        Federal fishery management plans prepared by Councils under 
        section 302 of the Magnuson Fishery Conservation and Management 
        Act (16 U.S.C. 1853) and interstate fishery management plans 
        may complement each other.
            (3) Contents.--Each fishery management plan or amendment 
        prepared under this subsection shall--
                    (A) contain information regarding the status of the 
                coastal fishery resources and fisheries covered by the 
                plan or amendment;
                    (B) identify each State that is required to 
                implement and enforce the plan or amendment;
                    (C) specify actions to be taken by States to 
                implement and be in compliance with the plan or 
                amendment; and
                    (D) recommend actions for the Secretary to take in 
                the exclusive economic zone to conserve and manage the 
                fishery resources and fisheries covered by the plan or 
                amendment.
            (4) Time frame for implementation and enforcement by 
        states.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a State that is identified in an interstate 
                fishery management plan pursuant to paragraph (3)(B) 
                shall implement and enforce the plan within the time 
                established in the plan.
                    (B) Existing plans.--Not later than 90 days after 
                the date of the enactment of this Act, the Commission 
                shall develop a schedule for the implementation and 
                enforcement by States of interstate fishery management 
                plans that were adopted by the Commission before the 
                date of the enactment of this Act. Such schedule shall 
                provide for that implementation and enforcement by not 
                later than 1 year after the date of the enactment of 
                this Act, or in the case of the Weakfish Plan, by not 
                later than 6 months after that date of enactment.
    (b) Commission Monitoring of State Implementation and 
Enforcement.--Not later than 1 year after the date of the enactment of 
this Act (or in the case of the Weakfish Plan, 6 months after that 
date) and at least annually thereafter, the Commission shall--
            (1) review each interstate fishery management plan and 
        determine whether each State which has declared an interest in 
        the plan, or that is required under the plan to implement and 
        enforce the plan, has implemented and enforced the plan; and
            (2) submit a report on the results of that review to the 
        Secretaries.

SEC. 4. STATE NONCOMPLIANCE WITH INTERSTATE FISHERY MANAGEMENT PLANS.

    (a) Determination.--The Commission shall determine that a State is 
not in compliance with an interstate fishery management plan if it 
determines that the State has not implemented and enforced the plan 
within the period applicable under section 3(a).
    (b) Notification.--If the Commission determines under subsection 
(a) that a State is not in compliance with an interstate fishery 
management plan, the Commission shall within 10 working days notify the 
Secretaries of that determination. The notification shall include the 
reasons for making the determination and specify an explicit list of 
actions that the affected State must make to be in compliance with the 
interstate fishery management plan. The Commission shall provide a copy 
of the notification to the State.
    (c) Monitoring; Withdrawal of Determination.--After making a 
determination under subsection (a) regarding a State, the Commission 
shall continue to monitor implementation and enforcement by the State. 
Upon finding that a State has taken the actions specified by a 
notification under subsection (b), the Commission may withdraw its 
determination. The Commission shall promptly notify the Secretaries of 
any such withdrawal.

SEC. 5. SECRETARIAL ACTION.

    (a) Secretarial Review of Commission Determination of 
Noncompliance.--Within 30 days after receiving a notification regarding 
a State from the Commission under section 4(b), the Secretary, in 
consultation with the Secretary of the Interior, shall review the 
Commission's determination of noncompliance and determine whether--
            (1) the State has filed to implement and enforce the 
        interstate fishery management plan in question; and
            (2) the measures which the State has filed to implement and 
        enforce are necessary for the conservation and management of 
        the fishery in question.
    (b) Comments.--In making a finding under subsection (a), the 
Secretary shall solicit, review, and consider the comments of the 
Commission, the affected coastal State, and the appropriate Councils.
    (c) Declaration of Moratorium.--Upon determining under subsection 
(a) that a State has failed to implement and enforce an interstate 
fishery management plan, the Secretary shall declare a moratorium on 
fishing for the species covered by the plan within the waters of that 
State.
    (d) Suspension of Moratorium.--Upon notification by the Commission 
of its withdrawal under section 4(c) of a determination of 
noncompliance by a State, the Secretary shall terminate any moratorium 
declared under subsection (c) with respect to that noncompliance.
    (e) Regulations.--The Secretary, shall promulgate regulations 
necessary to implement this section. Such regulations may provide for 
the possession and use of fish which have been produced in an 
aquaculture operation, subject to applicable State regulations.
    (f) Prohibited Acts During Moratorium.--During the time in which a 
moratorium is in effect, it is unlawful for any person to--
            (1) engage in fishing for any species of fish to which the 
        moratorium applies within waters of the State that is subject 
        to the moratorium;
            (2) land, attempt to land, or possess fish that are caught, 
        taken, or harvested in violation of the moratorium, this Act, 
        or any regulation issued under this Act;
            (3) fail to return to the water immediately, with a minimum 
        of injury, any fish to which the moratorium applies that are 
        taken incidental to fishing for species other than those to 
        which the moratorium applies;
            (4) to land, within a State that is subject to a 
        moratorium, any fish to which the moratorium applies, 
        regardless of where it was caught;
            (5) refuse to permit any officer authorized to enforce the 
        provisions of this Act to board a fishing vessel subject to the 
        person's control for purposes of conducting any search or 
        inspection in connection with the enforcement of this Act;
            (6) forcibly assault, resist, oppose, impede, intimidate, 
        or interfere with any such officer in the conduct of any search 
        or inspection under this Act;
            (7) resist a lawful arrest for any act prohibited by this 
        section;
            (8) ship, transport, offer for sale, sell, purchase, 
        import, or have custody, control, or possession of, any fish 
        taken or possessed in violation of this Act; or
            (9) interfere with, delay, or prevent, by any means, the 
        apprehension or arrest of another person, knowing that such 
        other person has committed any act prohibited by this section.
    (g) Penalties.--
            (1) Civil penalty.--Any person who commits any act that is 
        unlawful under subsection (f) of this section shall be liable 
        to the United States for a civil penalty as provided by section 
        308 of the Magnuson Fishery Conservation and Management Act (16 
        U.S.C. 1858). Subsections (b) through (e) of section 308 of the 
        Magnuson Fishery Conservation and Management Act (16 U.S.C. 
        1858(b)-(e); relating to review of civil penalties, action upon 
        failure to pay assessment, compromise, and subpoenas) apply to 
        penalties assessed under this paragraph to the same extent and 
        in the same manner as if those penalties were assessed under 
        subsection (a) of that section.
            (2) Criminal penalties.--Any person who commits an act 
        prohibited by paragraph (5), (6), (7), or (9) of subsection (f) 
        is guilty of an offense punishable under subsections (a)(1) and 
        (b) of section 309 of the Magnuson Fishery Conservation and 
        Management Act (16 U.S.C. 1859).
    (h) Civil Forfeitures.--
            (1) Forfeiture.--Any vessel (including its gear, equipment, 
        appurtenances, stores, and cargo) used, and any fish (or the 
        fair market value thereof) taken or retained, in any manner, in 
        connection with, or the result of, the commission of any act 
        that is unlawful under subsection (f), shall be subject to 
        forfeiture to the United States as provided in section 310 of 
        the Magnuson Fishery Conservation and Management Act (16 U.S.C. 
        1860).
            (2) Disposal of fish.--Any fish seized pursuant to this Act 
        may be disposed of pursuant to the order of a court of 
        competent jurisdiction or, if perishable, in a manner 
        prescribed by regulation issued by the Secretary.
    (i) Enforcement.--A moratorium declared under subsection (c) shall 
be enforced by the Secretaries and the Secretary of the Department in 
which the Coast Guard is operating, as provided in section 311 of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1861 et 
seq.). The Secretaries may, by agreement, on a reimbursable basis or 
otherwise, utilize the personnel, services, equipment (including 
aircraft and vessels), and facilities of any other Federal department 
or agency and of any agency of a State in carrying out that 
enforcement.

SEC. 6. FINANCIAL ASSISTANCE.

    The Secretaries may provide financial assistance to the Commission 
and to the States to carry out their respective responsibilities under 
this Act, including--
            (1) the preparation, implementation, and enforcement of 
        interstate fishery management plans; and
            (2) State activities that are specifically required within 
        such plans.

SEC. 7. DEFINITIONS.

    In this Act the following definitions apply:
            (1) Coastal fishery resources.--The term ``coastal fishery 
        resource'' means species of fish that move among, or are 
        broadly distributed across--
                    (A) waters under the jurisdiction of 2 or more 
                States that border the Atlantic Ocean; or
                    (B) waters under the jurisdiction of any State that 
                borders the Atlantic Ocean and waters of the exclusive 
                economic zone.
            (2) Commission.--The term ``Commission'' means the Atlantic 
        States Marine Fisheries Commission constituted under the 
        interstate compact consented to and approved by the Congress in 
        the Acts of May 4, 1942 (56 Stat. 267), and August 19, 1950 (64 
        Stat. 467).
            (3) Councils.--The term ``Councils'' means the Regional 
        Fishery Management Councils established under section 302 of 
        the Magnuson Fishery Conservation and Management Act (16 U.S.C. 
        1852) with jurisdiction over fisheries in the Atlantic Ocean.
            (4) Exclusive economic zone.--The term ``exclusive economic 
        zone'' means that portion in the Atlantic Ocean of the 
        exclusive economic zone established by Presidential 
        Proclamation Number 5030, dated March 10, 1983.
            (5) Federal fishery management plan.--The term ``Federal 
        Fishery management plan'' means a fishery management plan 
        prepared by a Council or the Secretary under the Magnuson 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.).
            (6) Fish.--The term ``fish'' means finfish, mollusks, 
        crustaceans, and all other forms of marine animal life other 
        than marine mammals and birds.
            (7) Fishery.--The term ``fishery'' has the meaning given 
        that term in section 3 of the Magnuson Fishery Conservation and 
        Management Act (16 U.S.C. 1802).
            (8) Fishing.--The term ``fishing'' has the meaning given 
        that term in section 3 of the Magnuson Fishery Conservation and 
        Management Act (16 U.S.C. 1802).
            (9) Implement and enforce.--The term ``implement and 
        enforce'' means the enactment or adoption and the enforcement 
        of statutes, regulations, or rules as required to--
                    (A) comply with the provisions of an interstate 
                fishery management plan; and
                    (B) assure compliance with such laws, regulations, 
                or rules by persons participating in a fishery that is 
                subject to such plans.
            (10) Interstate fishery management plan.--The term 
        ``interstate fishery management plan'' means--
                    (A) a fishery management plan or amendment adopted 
                by the Commission under section 3; and
                    (B) any other plan for managing a coastal fishery 
                resource that was adopted by the Commission before the 
                date of the enactment of this Act, and any amendment to 
                such a plan adopted before the date of the enactment of 
                this Act.
            (11) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Commerce and the Secretary of the Interior.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (13) State.--The term ``State'' means each of Maine, New 
        Hampshire, Massachusetts, Rhode Island, Connecticut, New York, 
        New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North 
        Carolina, South Carolina, Georgia, Florida, the District of 
        Columbia, and the Potomac River Fisheries Commission.
            (14) Weakfish plan.--The term ``Weakfish Plan'' means the 
        Interstate Fisheries Management Plan for Weakfish prepared by 
        the Commission, dated October 1985, and all amendments thereto 
        related to fishing for weakfish that are formally adopted 
        before the date of the enactment of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretaries such 
sums as may be necessary for the purposes of carrying out the 
provisions of this Act.

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