I

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.

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 ‘‘Atlantic Coastal Fish5 eries Cooperative Management Act of 1993’’.
2

•HR 2134 IH

1 SEC. 2. STATE-FEDERAL COOPERATION IN ATLANTIC

2 COASTAL FISHERIES MANAGEMENT.

3 (a) FEDERAL SUPPORT FOR STATE COASTAL FISH4 ERIES PROGRAMS.—The Secretaries shall develop and im5 plement a program to support the fisheries management

6 programs of the Commission. The program will include

7 elements to support and enhance State cooperation in—

8 (1) collection, management, and analysis of

9 fisheries data;

10 (2) law enforcement;

11 (3) habitat conservation;

12 (4) fisheries research, including biological and

13 socioeconomic research; and

14 (5) fishery management planning.

15 (b) FEDERAL REGULATIONS PERTAINING TO A FISH16 ERY COVERED BY AN INTERSTATE FISHERY MANAGE17 MENT PLAN IN THE ATLANTIC OCEAN.—

18 (1) IN GENERAL.—The Secretary, after con19 sultation with the Councils having jurisdiction over

20 fisheries to which an interstate fishery management

21 plan applies, may issue and implement regulations to

22 govern fishing in the exclusive economic zone that

23 are necessary to support the effective implementa24 tion of the interstate fishery management plan

25 adopted for a fishery for which there is not in effect

26 a Federal fishery management plan. These regula-
3

•HR 2134 IH

1 tions may include measures recommended by the

2 Commission to the Secretary that are necessary to

3 support the provisions of the interstate fishery man4 agement plan for that fishery.

5 (2) SUPERSEDING REGULATIONS.—Regulations

6 issued by the Secretary to implement a Federal fish7 ery management plan for a fishery shall supersede

8 any regulations issued by the Secretary under this

9 section for that fishery.

10 (3) ENFORCEMENT.—The provisions of sections

11 307, 308, 309, 310, and 311 of the Magnuson Fish12 ery Conservation and Management Act (16 U.S.C.

13 1857, 1858, 1859, 1860, and 1861) regarding pro14 hibited acts, civil penalties, criminal offenses, civil

15 forfeitures, and enforcement shall apply with respect

16 to regulations issued under this subsection as if such

17 regulations were issued under the Magnuson Fishery

18 Conservation and Management Act.

19 SEC. 3. ADOPTION AND IMPLEMENTATION OF INTERSTATE

20 FISHERY MANAGEMENT PLANS.

21 (a) ADOPTION OF PLANS.—

22 (1) IN GENERAL.—The Commission shall pre23 pare and adopt fishery management plans or amend24 ments to fishery management plans in accordance
4

•HR 2134 IH

1 with this section to provide for the conservation and

2 management of coastal fishery resources.

3 (2) CONSULTATION.—In preparing a fishery

4 management plan or an amendment under this sub5 section, the Commission shall consult with appro6 priate Councils to determine areas where Federal

7 fishery management plans prepared by Councils

8 under section 302 of the Magnuson Fishery Con9 servation and Management Act (16 U.S.C. 1853)

10 and interstate fishery management plans may com11 plement each other.

12 (3) CONTENTS.—Each fishery management

13 plan or amendment prepared under this subsection

14 shall—

15 (A) contain information regarding the sta16 tus of the coastal fishery resources and fisheries

17 covered by the plan or amendment;

18 (B) identify each State that is required to

19 implement and enforce the plan or amendment;

20 (C) specify actions to be taken by States to

21 implement and be in compliance with the plan

22 or amendment; and

23 (D) recommend actions for the Secretary

24 to take in the exclusive economic zone to con-
5

•HR 2134 IH

1 serve and manage the fishery resources and

2 fisheries covered by the plan or amendment.

3 (4) TIME FRAME FOR IMPLEMENTATION AND

4 ENFORCEMENT BY STATES.—

5 (A) IN GENERAL.—Except as provided in

6 subparagraph (B), a State that is identified in

7 an interstate fishery management plan pursu8 ant to paragraph (3)(B) shall implement and

9 enforce the plan within the time established in

10 the plan.

11 (B) EXISTING PLANS.—Not later than 90

12 days after the date of the enactment of this

13 Act, the Commission shall develop a schedule

14 for the implementation and enforcement by

15 States of interstate fishery management plans

16 that were adopted by the Commission before

17 the date of the enactment of this Act. Such

18 schedule shall provide for that implementation

19 and enforcement by not later than 1 year after

20 the date of the enactment of this Act, or in the

21 case of the Weakfish Plan, by not later than 6

22 months after that date of enactment.

23 (b) COMMISSION MONITORING OF STATE IMPLEMEN24 TATION AND ENFORCEMENT.—Not later than 1 year after

25 the date of the enactment of this Act (or in the case of
6

•HR 2134 IH

1 the Weakfish Plan, 6 months after that date) and at least

2 annually thereafter, the Commission shall—

3 (1) review each interstate fishery management

4 plan and determine whether each State which has

5 declared an interest in the plan, or that is required

6 under the plan to implement and enforce the plan,

7 has implemented and enforced the plan; and

8 (2) submit a report on the results of that re9 view to the Secretaries.

10 SEC. 4. STATE NONCOMPLIANCE WITH INTERSTATE FISH11 ERY MANAGEMENT PLANS.

12 (a) DETERMINATION.—The Commission shall deter13 mine that a State is not in compliance with an interstate

14 fishery management plan if it determines that the State

15 has not implemented and enforced the plan within the pe16 riod applicable under section 3(a).

17 (b) NOTIFICATION.—If the Commission determines

18 under subsection (a) that a State is not in compliance with

19 an interstate fishery management plan, the Commission

20 shall within 10 working days notify the Secretaries of that

21 determination. The notification shall include the reasons

22 for making the determination and specify an explicit list

23 of actions that the affected State must make to be in com24 pliance with the interstate fishery management plan. The
7

•HR 2134 IH

1 Commission shall provide a copy of the notification to the

2 State.

3 (c) MONITORING; WITHDRAWAL OF DETERMINA4 TION.—After making a determination under subsection

5 (a) regarding a State, the Commission shall continue to

6 monitor implementation and enforcement by the State.

7 Upon finding that a State has taken the actions specified

8 by a notification under subsection (b), the Commission

9 may withdraw its determination. The Commission shall

10 promptly notify the Secretaries of any such withdrawal.

11 SEC. 5. SECRETARIAL ACTION.

12 (a) SECRETARIAL REVIEW OF COMMISSION DETER13 MINATION OF NONCOMPLIANCE.—Within 30 days after

14 receiving a notification regarding a State from the Com15 mission under section 4(b), the Secretary, in consultation

16 with the Secretary of the Interior, shall review the Com17 mission’s determination of noncompliance and determine

18 whether—

19 (1) the State has filed to implement and en20 force the interstate fishery management plan in

21 question; and

22 (2) the measures which the State has filed to

23 implement and enforce are necessary for the con24 servation and management of the fishery in ques25 tion.
8

•HR 2134 IH

1 (b) COMMENTS.—In making a finding under sub2 section (a), the Secretary shall solicit, review, and consider

3 the comments of the Commission, the affected coastal

4 State, and the appropriate Councils.

5 (c) DECLARATION OF MORATORIUM.—Upon deter6 mining under subsection (a) that a State has failed to im7 plement and enforce an interstate fishery management

8 plan, the Secretary shall declare a moratorium on fishing

9 for the species covered by the plan within the waters of

10 that State.

11 (d) SUSPENSION OF MORATORIUM.—Upon notifica12 tion by the Commission of its withdrawal under section

13 4(c) of a determination of noncompliance by a State, the

14 Secretary shall terminate any moratorium declared under

15 subsection (c) with respect to that noncompliance.

16 (e) REGULATIONS.—The Secretary, shall promulgate

17 regulations necessary to implement this section. Such reg18 ulations may provide for the possession and use of fish

19 which have been produced in an aquaculture operation,

20 subject to applicable State regulations.

21 (f) PROHIBITED ACTS DURING MORATORIUM.—Dur22 ing the time in which a moratorium is in effect, it is un23 lawful for any person to—
9

•HR 2134 IH

1 (1) engage in fishing for any species of fish to

2 which the moratorium applies within waters of the

3 State that is subject to the moratorium;

4 (2) land, attempt to land, or possess fish that

5 are caught, taken, or harvested in violation of the

6 moratorium, this Act, or any regulation issued under

7 this Act;

8 (3) fail to return to the water immediately, with

9 a minimum of injury, any fish to which the morato10 rium applies that are taken incidental to fishing for

11 species other than those to which the moratorium

12 applies;

13 (4) to land, within a State that is subject to a

14 moratorium, any fish to which the moratorium ap15 plies, regardless of where it was caught;

16 (5) refuse to permit any officer authorized to

17 enforce the provisions of this Act to board a fishing

18 vessel subject to the person’s control for purposes of

19 conducting any search or inspection in connection

20 with the enforcement of this Act;

21 (6) forcibly assault, resist, oppose, impede, in22 timidate, or interfere with any such officer in the

23 conduct of any search or inspection under this Act;

24 (7) resist a lawful arrest for any act prohibited

25 by this section;
10

•HR 2134 IH

1 (8) ship, transport, offer for sale, sell, purchase,

2 import, or have custody, control, or possession of,

3 any fish taken or possessed in violation of this Act;

4 or

5 (9) interfere with, delay, or prevent, by any

6 means, the apprehension or arrest of another person,

7 knowing that such other person has committed any

8 act prohibited by this section.

9 (g) PENALTIES.—

10 (1) CIVIL PENALTY.—Any person who commits

11 any act that is unlawful under subsection (f) of this

12 section shall be liable to the United States for a civil

13 penalty as provided by section 308 of the Magnuson

14 Fishery Conservation and Management Act (16

15 U.S.C. 1858). Subsections (b) through (e) of section

16 308 of the Magnuson Fishery Conservation and

17 Management Act (16 U.S.C. 1858(b)–(e); relating to

18 review of civil penalties, action upon failure to pay

19 assessment, compromise, and subpoenas) apply to

20 penalties assessed under this paragraph to the same

21 extent and in the same manner as if those penalties

22 were assessed under subsection (a) of that section.

23 (2) CRIMINAL PENALTIES.—Any person who

24 commits an act prohibited by paragraph (5), (6),

25 (7), or (9) of subsection (f) is guilty of an offense
11

•HR 2134 IH

1 punishable under subsections (a)(1) and (b) of sec2 tion 309 of the Magnuson Fishery Conservation and

3 Management Act (16 U.S.C. 1859).

4 (h) CIVIL FORFEITURES.—

5 (1) FORFEITURE.—Any vessel (including its

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

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

8 taken or retained, in any manner, in connection

9 with, or the result of, the commission of any act that

10 is unlawful under subsection (f), shall be subject to

11 forfeiture to the United States as provided in section

12 310 of the Magnuson Fishery Conservation and

13 Management Act (16 U.S.C. 1860).

14 (2) DISPOSAL OF FISH.—Any fish seized pursu15 ant to this Act may be disposed of pursuant to the

16 order of a court of competent jurisdiction or, if per17 ishable, in a manner prescribed by regulation issued

18 by the Secretary.

19 (i) ENFORCEMENT.—A moratorium declared under

20 subsection (c) shall be enforced by the Secretaries and the

21 Secretary of the Department in which the Coast Guard

22 is operating, as provided in section 311 of the Magnuson

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

24 1861 et seq.). The Secretaries may, by agreement, on a

25 reimbursable basis or otherwise, utilize the personnel,
12

•HR 2134 IH

1 services, equipment (including aircraft and vessels), and

2 facilities of any other Federal department or agency and

3 of any agency of a State in carrying out that enforcement.

4 SEC. 6. FINANCIAL ASSISTANCE.

5 The Secretaries may provide financial assistance to

6 the Commission and to the States to carry out their re7 spective responsibilities under this Act, including—

8 (1) the preparation, implementation, and en9 forcement of interstate fishery management plans;

10 and

11 (2) State activities that are specifically required

12 within such plans.

13 SEC. 7. DEFINITIONS.

14 In this Act the following definitions apply:

15 (1) COASTAL FISHERY RESOURCES.—The term

16 ‘‘coastal fishery resource’’ means species of fish that

17 move among, or are broadly distributed across—

18 (A) waters under the jurisdiction of 2 or

19 more States that border the Atlantic Ocean; or

20 (B) waters under the jurisdiction of any

21 State that borders the Atlantic Ocean and wa22 ters of the exclusive economic zone.

23 (2) COMMISSION.—The term ‘‘Commission’’

24 means the Atlantic States Marine Fisheries Commis25 sion constituted under the interstate compact con-
13

•HR 2134 IH

1 sented to and approved by the Congress in the Acts

2 of May 4, 1942 (56 Stat. 267), and August 19,

3 1950 (64 Stat. 467).

4 (3) COUNCILS.—The term ‘‘Councils’’ means

5 the Regional Fishery Management Councils estab6 lished under section 302 of the Magnuson Fishery

7 Conservation and Management Act (16 U.S.C.

8 1852) with jurisdiction over fisheries in the Atlantic

9 Ocean.

10 (4) EXCLUSIVE ECONOMIC ZONE.—The term

11 ‘‘exclusive economic zone’’ means that portion in the

12 Atlantic Ocean of the exclusive economic zone estab13 lished by Presidential Proclamation Number 5030,

14 dated March 10, 1983.

15 (5) FEDERAL FISHERY MANAGEMENT PLAN.—

16 The term ‘‘Federal Fishery management plan’’

17 means a fishery management plan prepared by a

18 Council or the Secretary under the Magnuson Fish19 ery Conservation and Management Act (16 U.S.C.

20 1801 et seq.).

21 (6) FISH.—The term ‘‘fish’’ means finfish, mol22 lusks, crustaceans, and all other forms of marine

23 animal life other than marine mammals and birds.

24 (7) FISHERY.—The term ‘‘fishery’’ has the

25 meaning given that term in section 3 of the Magnu-
14

•HR 2134 IH

1 son Fishery Conservation and Management Act (16

2 U.S.C. 1802).

3 (8) FISHING.—The term ‘‘fishing’’ has the

4 meaning given that term in section 3 of the Magnu5 son Fishery Conservation and Management Act (16

6 U.S.C. 1802).

7 (9) IMPLEMENT AND ENFORCE.—The term

8 ‘‘implement and enforce’’ means the enactment or

9 adoption and the enforcement of statutes, regula10 tions, or rules as required to—

11 (A) comply with the provisions of an inter12 state fishery management plan; and

13 (B) assure compliance with such laws, reg14 ulations, or rules by persons participating in a

15 fishery that is subject to such plans.

16 (10) INTERSTATE FISHERY MANAGEMENT

17 PLAN.—The term ‘‘interstate fishery management

18 plan’’ means—

19 (A) a fishery management plan or amend20 ment adopted by the Commission under section

21 3; and

22 (B) any other plan for managing a coastal

23 fishery resource that was adopted by the Com24 mission before the date of the enactment of this
15

•HR 2134 IH

1 Act, and any amendment to such a plan adopt2 ed before the date of the enactment of this Act.

3 (11) SECRETARIES.—The term ‘‘Secretaries’’

4 means the Secretary of Commerce and the Secretary

5 of the Interior.

6 (12) SECRETARY.—The term ‘‘Secretary’’

7 means the Secretary of Commerce.

8 (13) STATE.—The term ‘‘State’’ means each of

9 Maine, New Hampshire, Massachusetts, Rhode Is10 land, Connecticut, New York, New Jersey, Penn11 sylvania, Delaware, Maryland, Virginia, North Caro12 lina, South Carolina, Georgia, Florida, the District

13 of Columbia, and the Potomac River Fisheries Com14 mission.

15 (14) WEAKFISH PLAN.—The term ‘‘Weakfish

16 Plan’’ means the Interstate Fisheries Management

17 Plan for Weakfish prepared by the Commission,

18 dated October 1985, and all amendments thereto re19 lated to fishing for weakfish that are formally adopt20 ed before the date of the enactment of this Act.

21 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated to the Sec23 retaries such sums as may be necessary for the purposes

24 of carrying out the provisions of this Act.

Æ