H. R. 1658
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To reauthorize and amend the Atlantic Striped Bass Conservation Act and related
laws.
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 Striped Bass Conserva-
tion 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 Conserva-
tion Act’.
‘‘SEC. 2. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds and declares the following:
‘‘(1) Atlantic striped bass are of historic commercial and
recreational importance and economic benefit to the Atlantic
coastal States and to the Nation.
‘‘(2) No single government entity has full management
authority throughout the range of the Atlantic striped bass.
‘‘(3) The population of Atlantic striped bass—
‘‘(A) has been subject to large fluctuations due to natu-
ral causes, fishing pressure, environmental pollution, loss
and alteration of habitat, inadequacy of fisheries conserva-
tion and management 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 effective interjurisdic-
tional conservation and management of this species.
‘‘(b) PURPOSE.—It is therefore declared to be the purpose of
the Congress in this Act to support and encourage the development,
implementation, and enforcement of effective interstate action
regarding the conservation and management of the Atlantic striped
bass.
H. R. 1658—2
‘‘SEC. 3. DEFINITIONS.
‘‘As used in this Act—
‘‘(1) the term ‘Magnuson Act’ means the Magnuson-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 bound-
ary of the exclusive economic zone;
‘‘(B) for the District of Columbia, those waters within
its jurisdiction; and
‘‘(C) for the Potomac River Fisheries Commission, those
waters of the Potomac River within 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 
Commission
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 approved 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 Magnuson 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 commercial or recreational fish
catching activities directed 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 prepara-
tion for, any activity described in subparagraph (A) or
(B).
The term does not include any scientific research authorized
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 begin-
ning on the day on which moratorium is declared under section
5(a) regarding a coastal State and ending on the day on which
the Commission notifies the Secretaries that that State has
H. R. 1658—3
taken appropriate remedial action with respect to those matters
that were the case of the moratorium being declared.
‘‘(10) The term ‘Plan’ means a plan for managing Atlantic
striped bass, or an amendment to such plan, that is prepared
and adopted by the Commission.
‘‘(11) The term ‘Secretary’ means the Secretary of
Commerce or a designee of the Secretary of Commerce.
‘‘(12) The term ‘Secretaries’ means the Secretary of
Commerce and the Secretary of the Interior or their designees.
‘‘SEC. 4. MONITORING OF IMPLEMENTATION AND ENFORCEMENT BY
COASTAL STATES.
‘‘(a) DETERMINATION.—During December of each fiscal year,
and at any other time it deems necessary the Commission shall
determine—
‘‘(1) whether each coastal State has adopted all regulatory
measures necessary to fully implement the Plan in its coastal
waters; and
‘‘(2) whether the enforcement of the Plan by each coastal
State is satisfactory.
‘‘(b) SATISFACTORY STATE ENFORCEMENT.—For purposes of sub-
section (a)(2), enforcement by a coastal State shall not be considered
satisfactory by the Commission if, in its view, the enforcement
is being carried out in such a manner that the implementation
of the Plan within the coastal waters of the State is being, or
will likely be, substantially and adversely affected.
‘‘(c) NOTIFICATION
OF SECRETARIES.—The Commission shall
immediately notify the Secretaries of each negative determination
made by it under subsection (a).
‘‘SEC. 5. MORATORIUM.
‘‘(a) SECRETARIAL ACTION AFTER NOTIFICATION.—Upon receiv-
ing notice from the Commission under section 4(c) of a negative
determination regarding a coastal State, the Secretaries shall deter-
mine jointly, within 30 days, whether that coastal State is in
compliance with the Plan and, if the State is not in compliance,
the Secretaries shall declare jointly a moratorium on fishing for
Atlantic striped bass within the coastal waters of that coastal
State. In making such a determination, the Secretaries shall care-
fully consider and review the comments of the Commission and
that coastal State in question.
‘‘(b) 
PROHIBITED
ACTS
DURING
MORATORIUM.—During 
a
moratorium period, it is unlawful for any person—
‘‘(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 rec-
reational fish catching activities, 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
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United States for a civil penalty as provided 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 commission of any act that is unlawful under
subsection (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 pursuant to the order of a
court of competent jurisdiction, or, if perishable, in a
manner prescribed in regulations.
‘‘(d) ENFORCEMENT.—A person authorized by the Secretaries
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 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.
‘‘(e) REGULATIONS.—The Secretaries may issue regulations to
implement this section.
‘‘SEC. 6. CONTINUING STUDIES OF STRIPED BASS POPULATIONS.
‘‘(a) IN GENERAL.—For the purposes of carrying out this Act,
the Secretaries shall conduct continuing, comprehensive studies
of Atlantic striped bass stocks. These studies shall include, but
shall not be limited to, the following:
‘‘(1) Annual stock assessments, using fishery-dependent and
fishery-independent data, for the purposes of extending the
long-term population record generated by the annual striped
bass study conducted by the Secretaries before 1994 and under-
standing 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 recruitment,
spawning potential, mortality, and abundance 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 competi-
tion on the recruitment, spawning potential mortality, and
abundance of Atlantic striped bass.
‘‘(b) SOCIO-ECONOMIC STUDY.—The Secretaries, in consultation
with with the Atlantic States Marine Fisheries Commission, shall
conduct a study of the socio-economic benefits of the Atlantic striped
bass resource. The Secretaries shall issue a report to the Congress
H. R. 1658—5
concerning the findings of this study no later than September
30, 1998.
‘‘(c) REPORTS.—The Secretaries shall make biennial reports to
the Congress and to the Commission concerning the progress and
findings of studies conducted under subsection (a) and shall make
those reports public. Such reports shall, to the extent appropriate,
contain recommendations of actions which could be taken to encour-
age the sustainable management of Atlantic striped bass.
‘‘SEC. 
7. 
AUTHORIZATION 
OF 
APPROPRIATIONS; 
COOPERATIVE
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 Fish-
eries 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 MANAGEMENT
PLANS AND AMENDMENTS.
‘‘(a) STANDARDS
AND PROCEDURES.—In order to ensure the
opportunity for public participation in the preparation of manage-
ment plans and amendments to management plans for Atlantic
striped bass, the Commission shall prepare such plans and amend-
ments 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 Commission 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 ECONOMIC ZONE.—
The Secretary shall promulgate regulations governing fishing for
Atlantic striped bass in the exclusive economic zone that the
Secretary determines—
‘‘(1) are consistent with the national standards set forth
in section 301 of the Magnuson Act (16 U.S.C. 1851);
‘‘(2) are compatible with the Plan and each Federal morato-
rium in effect on fishing for Atlantic striped bass within the
coastal waters of a coastal State;
‘‘(3) ensure the effectiveness of State regulations on fishing
for Atlantic striped bass within the coastal waters of a coastal
State; and
‘‘(4) are sufficient to assure the long-term conservation
of Atlantic striped bass populations.
‘‘(b) CONSULTATION; PERIODIC REVIEW
OF REGULATIONS.—In
preparing regulations under subsection (a), the Secretary shall con-
sult 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 periodically review regulations promulgated under subsection
H. R. 1658—6
(a), and if necessary to ensure their continued consistency with
the requirements of subsection (a), shall amend those regulations.
‘‘(c) APPLICABILITY OF MAGNUSON ACT PROVISIONS.—The provi-
sions of sections 307, 308, 309, 310, and 311 of the Magnuson
Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) regarding prohib-
ited 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 appropriations to carry out
the Atlantic Striped Bass Conservation 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 ECONOMIC ZONE.—
Section 6 of the Act entitled ‘‘An Act to authorize appropriations
to carry out the Atlantic Striped Bass Conservation Act for fiscal
years 1989 through 1991, and for other purposes’’, approved Novem-
ber 3, 1988 (16 U.S.C. 1851 note; 102 Stat. 2986) is repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.