IB
Union Calendar No. 103
105TH CONGRESS
1ST SESSION
H. R. 1658
[Report No. 105–169]
To reauthorize and amend the Atlantic Striped Bass Conservation Act and
related laws.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 1997
Mr. SAXTON introduced the following bill; which was referred to the
Committee on Resources
JULY 8, 1997
Additional sponsors: Mr. PALLONE and Mr. DELAHUNT
JULY 8, 1997
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 16, 1997]
A BILL
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 Atlan-
tic 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 effec-
tive interjurisdictional conservation and management
of this species.
‘‘(b) PURPOSE.—It is therefore declared to be the pur-
pose of the Congress in this Act to support and encourage
the development, implementation, and enforcement of effec-
tive interstate action regarding the conservation and man-
agement of the Atlantic striped bass.
‘‘SEC. 3. DEFINITIONS.
‘‘As used in this Act—
‘‘(1) the term ‘Magnuson Act’ means the Magnu-
son-Stevens Fishery Conservation and Management
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 baseline
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 wa-
ters within its jurisdiction; and
‘‘(C) for the Potomac River Fisheries Com-
mission, those waters of the Potomac River with-
in the boundaries established by the Potomac
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 har-
vesting 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 include any scientific research au-
thorized by the Federal Government or by any State
government.
‘‘(8) The term ‘moratorium area’ means the
coastal waters with respect to which a declaration
under section 5(a) applies.
‘‘(9) The term ‘moratorium period’ means the
period beginning on the day on which moratorium is
‘‘(1) to engage in fishing within the moratorium
area;
‘‘(2) to land, or attempt to land, Atlantic striped
bass that are caught, taken, or harvested in violation
of paragraph (1);
‘‘(3) to land lawfully harvested Atlantic striped
bass within the boundaries of a coastal State when a
moratorium declared under subsection (a) applies to
that State; or
‘‘(4) to fail to return to the water Atlantic
striped bass to which the moratorium applies that are
caught incidental to harvesting that occurs in the
course of commercial or recreational fish catching ac-
tivities, regardless of the physical condition of the
striped bass when caught.
‘‘(c) CIVIL PENALTIES.—
‘‘(1) CIVIL PENALTY.—Any person who commits
any act that is unlawful under subsection (b) shall be
liable to the United States for a civil penalty as pro-
vided by section 308 of the Magnuson Act (16 U.S.C.
1858).
‘‘(2) CIVIL FORFEITURES.—
‘‘(A) IN GENERAL.—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 as the result of, the com-
mission of any act that is unlawful under sub-
section (b) shall be subject to forfeiture to the
United States as provided in section 310 of the
Magnuson Act (16 U.S.C. 1860).
‘‘(B) DISPOSAL OF FISH.—Any fish seized
pursuant to this Act may be disposed of pursu-
ant to the order of a court of competent jurisdic-
tion, or, if perishable, in a manner prescribed in
regulations.
‘‘(d) ENFORCEMENT.—A person authorized by the Sec-
retary or the Secretary of the department in which the
Coast Guard is operating may take any action to enforce
a moratorium declared under subsection (a) that an officer
authorized by the Secretary under section 311(b) of the
Magnuson Act (16 U.S.C. 1861(b)) may take to enforce that
Act (16 U.S.C. 1801 et seq.). The Secretary may, by agree-
ment, on a reimbursable basis or otherwise, utilize the per-
sonnel, 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 enforce-
ment.
‘‘(e) REGULATIONS.—The Secretary may issue regula-
tions to implement this section.
‘‘SEC. 6. CONTINUING STUDIES OF STRIPED BASS POPU-
LATIONS.
‘‘(a) IN GENERAL.—For the purposes of carrying out
this Act, the Secretaries shall conduct continuing, com-
prehensive studies of Atlantic striped bass stocks. These
studies shall include, but shall not be limited to, the follow-
ing:
‘‘(1) Annual stock assessments, using fishery-de-
pendent and fishery-independent data, for the pur-
poses of extending the long-term population record
generated by the annual striped bass study conducted
by the Secretaries before 1994 and understanding the
population dynamics of Atlantic striped bass.
‘‘(2) Investigations of the causes of fluctuations
in Atlantic striped bass populations.
‘‘(3) Investigations of the effects of water quality,
land use, and other environmental factors on the re-
cruitment, spawning potential, mortality, and abun-
dance of Atlantic striped bass populations, including
the Delaware River population.
‘‘(4) Investigations of—
‘‘(A) the interactions between Atlantic
striped bass and other fish, including bluefish,
menhaden, mackerel, and other forage fish or
possible competitors, stock assessments of these
species, to the extent appropriate; and
‘‘(B) the effects of interspecies predation
and competition on the recruitment, spawning
potential mortality, and abundance of Atlantic
striped bass.
‘‘(b) REPORTS.—The Secretaries shall make biennial
reports to the Congress and to the Commission concerning
the progress and findings of studies conducted under sub-
section (a) and shall make those reports public. Such re-
ports shall, to the extent appropriate, contain recommenda-
tions of actions which could be taken to encourage the sus-
tainable management of Atlantic striped bass.
‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERA-
TIVE AGREEMENTS.
‘‘(a) AUTHORIZATION.—For each of fiscal years 1998,
1999, and 2000, there are authorized to be appropriated
to carry out this Act—
‘‘(1) $800,000 to the Secretary of Commerce; and
‘‘(2) $250,000 to the Secretary of the Interior.
‘‘(b) COOPERATIVE AGREEMENTS.—The Secretaries
may enter into cooperative agreements with the Atlantic
States Marine Fisheries Commission or with States, for the
purpose of using amounts appropriated pursuant to this
section to provide financial assistance for carrying out the
purposes of this Act.
‘‘SEC. 8. PUBLIC PARTICIPATION IN PREPARATION OF MAN-
AGEMENT PLANS AND AMENDMENTS.
‘‘(a) STANDARDS AND PROCEDURES.—In order to en-
sure the opportunity for public participation in the prepa-
ration of management plans and amendments to manage-
ment plans for Atlantic striped bass, the Commission shall
prepare such plans and amendments in accordance with the
standards and procedures established under section
805(a)(2) of the Atlantic Coastal Fisheries Cooperative
Management Act.
‘‘(b) APPLICATION.—Subsection (a) shall apply to
management plans and amendments adopted by the Com-
mission after the 6-month period beginning on the date of
enactment of the Atlantic Striped Bass Conservation Act
Amendments of 1997.
‘‘SEC. 9. PROTECTION OF STRIPED BASS IN THE EXCLUSIVE
ECONOMIC ZONE.
‘‘(a) REGULATION OF FISHING IN EXCLUSIVE ECO-
NOMIC ZONE.—The Secretary shall promulgate regulations
governing fishing for Atlantic striped bass in the exclusive
economic zone that the Secretary determines are—
‘‘(1) consistent with the national standards set
forth in section 301 of the Magnuson Act (16 U.S.C.
1851);
‘‘(2) compatible with the Plan and each Federal
moratorium in effect on fishing for Atlantic striped
bass within the coastal waters of a coastal State; and
‘‘(3) sufficient to assure the long-term conserva-
tion of Atlantic striped bass populations.
‘‘(b) CONSULTATION; PERIODIC REVIEW OF REGULA-
TIONS.—In preparing regulations under subsection (a), the
Secretary shall consult with the Atlantic States Marine
Fisheries Commission, the appropriate Regional Fishery
Management Councils, and each affected Federal, State,
and local government entity. The Secretary shall periodi-
cally review regulations promulgated under subsection (a),
and if necessary to ensure their continued consistency with
the requirements of subsection (a), shall amend those regula-
tions.
‘‘(c) APPLICABILITY
OF
MAGNUSON
ACT
PROVI-
SIONS.—The provisions of sections 307, 308, 309, 310, and
311 of the Magnuson 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 and any plan issued
under subsection (a) of this section as if such regulations
or plan were issued under the Magnuson Act.’’.
SEC. 3. REPEALS.
(a) ANADROMOUS FISH CONSERVATION ACT.—Section
7 of the Anadromous Fish Conservation Act (16 U.S.C.
757g) is repealed.
(b) ALBEMARLE SOUND-ROANOKE RIVER BASIN.—
Section 5 of the Act entitled ‘‘An Act to authorize appro-
priations to carry out the Atlantic Striped Bass Conserva-
tion Act for fiscal years 1989 through 1991, and for other
purposes’’, approved November 3, 1988 (16 U.S.C. 1851
note; 102 Stat. 2984), relating to studies of the Albermarle
Sound-Roanoke River Basin striped bass stock, is repealed.
(c) REGULATION
OF FISHING
IN EXCLUSIVE ECO-
NOMIC ZONE.—Section 6 of the Act entitled ‘‘An Act to au-
thorize appropriations to carry out the Atlantic Striped
Bass Conservation Act for fiscal years 1989 through 1991,
and for other purposes’’, approved November 3, 1988 (102
Stat. 2986; 16 U.S.C. 1851 note) is repealed.