I 
108TH CONGRESS 
1ST SESSION H. R. 2889
To direct the Secretary of Commerce to conduct a study of existing and 
new fishery observer data to effectively map migratory patterns, delineate 
wintering areas and feeding grounds of Atlantic Striped Bass in the 
Mid-Atlantic exclusive economic zone, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2003
Mr. SAXTON introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To direct the Secretary of Commerce to conduct a study 
of existing and new fishery observer data to effectively 
map migratory patterns, delineate wintering areas and 
feeding grounds of Atlantic Striped Bass in the Mid-
Atlantic exclusive economic zone, and for other purposes.
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 
Protection Act of 2003’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are the following:
(1) To establish measures to minimize bycatch 
and the mortality of such bycatch of Atlantic Striped 
Bass, Morone saxatilis, occurring in the non-directed 
fisheries that operate in the Mid-Atlantic exclusive 
economic zone and encounter Atlantic Striped Bass 
during seasonal migrations. 
(2) To direct the Secretary of Commerce to 
conduct a study of existing and new fishery observer 
data, to effectively map migratory patterns, delin-
eate wintering areas, and feeding grounds of Atlan-
tic Striped Bass in the Mid-Atlantic exclusive eco-
nomic zone. 
(3) To delineate areas of highest Atlantic 
Striped Bass discard and bycatch associated with 
mobile net gear on a seasonal-, spatial-, temporal-, 
and gear-specific basis in the waters off the Mid-At-
lantic coast of the United States. 
(4) To identify, through analysis of historical 
and forthcoming at sea observer data, gear types, 
and fisheries that experience high levels of Atlantic 
Striped Bass discard and bycatch. 
(5) To protect the historical opportunities of 
the recreational Atlantic Striped Bass fishery, to 
protect the various businesses and economic niches 
that are wholly or partly dependent upon the rec-
ent, occur annually in the Mid-Atlantic exclusive eco-
nomic zone. 
(4) Atlantic Striped Bass also aggregate on bot-
tom features that tend to hold forage fish, including 
herring, mackerel, menhaden, and utilize these areas 
as winter-feeding grounds. 
(5) These life history characteristics make large 
numbers of Atlantic Striped Bass vulnerable to com-
mercial fishing gear. 
(6) Commercial fishing efforts coinciding with 
coastal migrations of Atlantic Striped Bass and that 
occur on winter-feeding grounds is creating a by-
catch problem. 
(7) A Federal moratorium on harvesting of At-
lantic Striped Bass in the Mid-Atlantic exclusive 
economic zone was implemented in 1990 and it im-
posed possession and harvest prohibitions by both 
recreational and commercial fishermen. This con-
servation measure contributed to the eventual recov-
ery of the Atlantic Striped Bass stock and continues 
to keep Atlantic Striped Bass fishing mortality rate 
below the applicable target. Yet the bycatch problem 
in the Mid-Atlantic exclusive economic zone by the 
non-directed fisheries is having a negative effect on 
these benefits and further is in violation of the na-
tional standard set forth in section 301(a)(9) of the 
Magnuson-Stevens Fishery Conservation and Man-
agement Act. 
(8) As the bycatch of Atlantic Striped Bass in-
creases, it may increase the fishing mortality rate of 
Atlantic Striped Bass above the 0.30 target as dic-
tated in Amendment 6 of the Interstate Fishery 
Management Plan for Atlantic Striped Bass. Provi-
sions in Amendment 6 further attempt to increase 
the number of larger Atlantic Striped Bass in the 
population and develop a fuller age structure. Pre-
liminary reports indicate that the growing stock of 
Atlantic Striped Bass in the Mid-Atlantic exclusive 
economic zone is largely composed of older fish, 
which would compromise the conservation goals of 
Amendment 6 which attempts to increase the per-
centage of the larger Atlantic Striped Bass. This Act 
will initiate data collection to better understand this 
issue and move forward with the necessary manage-
ment measures. 
SEC. 4. STUDY OF ATLANTIC STRIPED BASS IN THE MID-AT-
LANTIC EXCLUSIVE ECONOMIC ZONE. 
(a) IN GENERAL.—The Secretary of Commerce shall 
conduct a study—
(1) to use data gathered by observers on fishing 
vessels to effectively map migratory patterns, win-
tering areas, and feeding grounds of Atlantic Striped 
Bass in the waters of the Mid-Atlantic exclusive eco-
nomic zone—
(A) including—
(i) data from observer trip records 
from 1992 through 2002; and 
(ii) data regarding fisheries using an-
chored sink gillnets, drift sink gillnets, 
small mesh trawls, large mesh trawls, mid-
water trawls, and pair trawls; and 
(B) paying particular attention to trips 
targeting monkfish, herring, mackerel, spiny 
dogfish, weakfish, croaker, summer flounder, 
and loligo; 
(2) use data referred to in paragraph (1) to—
(A) identify and map, on a spatial and 
temporal scale, locations in which deployed gear 
caught or discarded Atlantic Striped Bass in 
excess of 10 percent of the target species land-
ed on that trip; and 
(B) identify gear types that result in catch 
or discard of bycatch of Atlantic Striped Bass
in excess of 10 percent of the total of target 
species landed; 
(3) confirm data referred to in paragraph (1), 
using observers on—
(A) fishing vessels operating in areas and 
during times identified under paragraph (2)(A); 
and 
(B) fishing vessels using gear identified 
under paragraph (2)(B). 
(b) REPORT.—
(1) IN GENERAL.—Not later than 3 years after 
the date of the enactment of this Act, the Secretary 
shall submit to the Congress a report on the findings 
and conclusions of the study under this section. 
(2) CONTENTS.—The report shall include the 
following: 
(A) The months of the year during which 
Atlantic Striped Bass are most abundant in the 
Mid-Atlantic exclusive economic zone. 
(B) The areas in the Mid-Atlantic exclusive 
economic zone that are wintering grounds for 
Atlantic Striped Bass. 
(C) The areas in the Mid-Atlantic exclusive 
economic zone that are feeding grounds for At-
lantic Striped Bass.
(D) The areas in the Mid-Atlantic exclu-
sive economic zone where the core of the annual 
coastal migration of Atlantic Striped Bass is lo-
cated on a weekly basis. 
(E) The estimated biomass, age structure, 
and sex ratio of the annual coastal migration of 
Atlantic Striped Bass. 
(F) The months each year in which the 
coastal migration of Atlantic Striped Bass expe-
riences elevated levels of bycatch in the non-di-
rected commercial fisheries. 
(G) The gear types that account for the 
highest amounts of Atlantic Striped Bass by-
catch. 
(H) A description of how the actions of the 
non-directed Atlantic Striped Bass commercial 
fisheries in Mid-Atlantic exclusive economic 
zone—
(i) affect recreational opportunities in 
the fishery; and 
(ii) affect the Atlantic Striped Bass 
stock as one management unit. 
SEC. 5. MANAGEMENT MEASURES. 
(a) IN GENERAL.—Not later than 1 year after the 
date the Secretary submits the report under section 4(b),
the Secretary shall promulgate regulations under section 
9 of the Atlantic Striped Bass Conservation Act (16 
U.S.C. 1851 note) that are based on the findings of the 
study under section 4 of this Act and that establish con-
servation and management measures (as that term is used 
in the Magnuson-Stevens Fishery Conservation and Man-
agement Act (16 U.S.C. 1801 et seq.) to minimize the by-
catch and mortality of bycatch of Atlantic Striped Bass 
caught in non-directed commercial fishing in the Mid-At-
lantic exclusive economic zone. 
(b) TEMPORARY CLOSURES.—
(1) IN GENERAL.—Regulations under this sec-
tion shall include temporary closure of any area 
identified in the study under section 4 as a location 
in which there is a particularly high level of Atlantic 
Striped Bass in non-directed commercial fishing, 
under which the deployment of net, finfish trap, or 
longline gear by any vessel fishing under a Federal 
fishing permit shall be prohibited. 
(2) DURATION AND LOCATION.—The Secretary 
shall—
(A) base the duration and location of any 
temporary closure on the findings of an analysis 
of observer data; and
(B) design the period of such closure to co-
incide with periods in which there are high lev-
els of Striped Bass interactions in the exclusive 
economic zone. 
(c) POSSESSION REGULATIONS.—Regulations under 
this section shall not affect regulations in effect on the 
date of the enactment of this Act under section 9 of the 
Atlantic Striped Bass Conservation Act (16 U.S.C. 5158) 
governing possession of Atlantic Striped Bass in the Mid-
Atlantic exclusive economic zone. 
SEC. 6. PEER REVIEW. 
Before issuing any final report under section 4 or 
final regulations under section 5, the Secretary shall sub-
mit the report or regulations, respectively to peer review 
by the Northeast Fishery Science Center of the National 
Marine Fisheries Service. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) 
MID-ATLANTIC
EXCLUSIVE
ECONOMIC 
ZONE.—The term ‘‘Mid-Atlantic exclusive economic 
zone’’ means waters of the exclusive economic zone 
along the Atlantic coast of the United States located 
between 41°5′ North latitude and 35°10′ south lati-
tude.
(2) EXCLUSIVE
ECONOMIC
ZONE.—The term 
‘‘exclusive economic zone’’ has the meaning given 
that term is section 3 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1802). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce.
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