II
Calendar No. 285
105TH CONGRESS
1ST SESSION
H. R. 1658
[Report No. 105–148]
[Report No. 105–149]
IN THE SENATE OF THE UNITED STATES
JULY 9, 1997
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
SEPTEMBER 2, 1997
Ordered, that when reported, the bill be referred to the Committee on Envi-
ronment and Public Works for a period not to exceed 20 session days
to report or be automatically discharged and placed on the calendar
NOVEMBER 8, 1997
Reported by Mr. MCCAIN, with amendments
[Omit the part struck through and insert the part printed in italic]
NOVEMBER 8, 1997
Referred to the Committee on Environment and Public Works pursuant to the
order of September 2, 1997
NOVEMBER 8, 1997
Reported by Mr. CHAFEE, with amendments
[Omit the part in boldface brackets and insert the part printed in boldface roman]
AN ACT
To reauthorize and amend the Atlantic Striped Bass
Conservation Act and related laws.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Atlantic Striped Bass
Conservation Act Amendments of 1997’’.
SEC. 2. REAUTHORIZATION AND AMENDMENT OF ATLANTIC
STRIPED BASS CONSERVATION ACT.
The Atlantic Striped Bass Conservation Act (16
U.S.C. 1851 note) is amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Atlantic Striped Bass
Conservation Act’.
‘‘SEC. 2. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds and declares
the following:
‘‘(1) Atlantic striped bass are of historic com-
mercial and recreational importance and economic
benefit to the Atlantic coastal States and to the Na-
tion.
‘‘(2) No single government entity has full man-
agement authority throughout the range of the At-
lantic striped bass.
‘‘(3) The population of Atlantic striped bass—
‘‘(A) has been subject to large fluctuations
due to natural causes, fishing pressure, environ-
mental pollution, loss and alteration of habitat,
inadequacy of fisheries conservation and man-
agement practices, and other causes; and
‘‘(B) risks potential depletion in the future
without effective monitoring and conservation
and management measures.
‘‘(4) It is in the national interest to implement
effective procedures and measures to provide for ef-
fective interjurisdictional conservation and manage-
ment of this species.
‘‘(b) PURPOSE.—It is therefore declared to be the
purpose of the Congress in this Act to support and encour-
age the development, implementation, and enforcement of
effective interstate action regarding the conservation and
management of the Atlantic striped bass.
‘‘SEC. 3. DEFINITIONS.
‘‘As used in this Act—
‘‘(1) the term ‘Magnuson Act’ means the Mag-
nuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.).
‘‘(2) The term ‘Atlantic striped bass’ means
members of stocks or populations of the species
Morone saxatilis, which ordinarily migrate seaward
of the waters described in paragraph (3)(A)(i).
‘‘(3) The term ‘coastal waters’ means—
‘‘(A) for each coastal State referred to in
paragraph (4)(A)—
‘‘(i) all waters, whether salt or fresh,
of the coastal State shoreward of the base-
line from which the territorial sea of the
United States is measured; and
‘‘(ii) the waters of the coastal State
seaward from the baseline referred to in
clause (i) to the inner boundary of the ex-
clusive economic zone;
‘‘(B) for the District of Columbia, those
waters within its jurisdiction; and
‘‘(C) for the Potomac River Fisheries Com-
mission, those waters of the Potomac River
within the boundaries established by the Poto-
mac River Compact of 1958.
‘‘(4) The term ‘coastal State’ means—
‘‘(A) Pennsylvania and each State of the
United States bordering on the Atlantic Ocean
north of the State of South Carolina;
‘‘(B) the District of Columbia; and
‘‘(C) the Potomac River Fisheries Commis-
sion established by the Potomac River Compact
of 1958.
‘‘(5) The term ‘Commission’ means the Atlantic
States Marine Fisheries Commission established
under the interstate compact consented to and ap-
proved by the Congress in Public Laws 77–539 and
81–721.
‘‘(6) The term ‘exclusive economic zone’ has the
meaning given such term in section 3(6) of the Mag-
nuson Act (16 U.S.C. 1802(6)).
‘‘(7) The term ‘fishing’ means—
‘‘(A) the catching, taking, or harvesting of
Atlantic striped bass, except when incidental to
harvesting that occurs in the course of commer-
cial or recreational fish catching activities di-
rected at a species other than Atlantic striped
bass;
‘‘(B) the attempted catching, taking, or
harvesting of Atlantic striped bass; and
‘‘(C) any operation at sea in support of, or
in preparation for, any activity described in
subparagraph (A) or (B). The term does not in-
clude any scientific research authorized by the
Federal Government or by any State govern-
ment.