I
103D CONGRESS
1ST SESSION
H. R. 393
To prohibit the commercial harvesting of Atlantic striped bass in the coastal
waters and the exclusive economic zone.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. PALLONE (for himself, Mr. SAXTON, Mr. SHAYS, and Mr. GALLO)
introduced the following bill; which was referred to the Committee on
Merchant Marine and Fisheries
A BILL
To prohibit the commercial harvesting of Atlantic striped
bass in the coastal waters and the exclusive economic zone.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
As used in this Act, the terms ‘‘Magnuson Act’’, ‘‘At-
lantic striped bass’’, and ‘‘coastal waters’’ have the same
meanings that are given such terms in section 2 of the
Atlantic Striped Bass Conservation Act (16 U.S.C. 1851
note).
SEC. 2. PROHIBITION ON COMMERCIAL HARVESTING OF
ATLANTIC STRIPED BASS.
(a) PROHIBITION.—It is unlawful to engage in, or to
attempt to engage in, the commercial harvesting of Atlan-
tic striped bass in the coastal waters or in the exclusive
economic zone established by Proclamation Numbered
5030, dated March 10, 1983.
(b) PENALTIES.—(1) Any person who is found by the
Secretary of Commerce after notice and an opportunity
for a hearing in accordance with section 554 of title 5,
United States Code, to have committed an act that is un-
lawful under subsection (a), is liable to the United States
for a civil penalty. The amount of the civil penalty may
not exceed $1,000 for each violation. Each day of continu-
ing violation constitutes a separate offense. The amount
of the civil penalty shall be assessed by the Secretary of
Commerce by written notice. In determining the amount
of the penalty, the Secretary of Commerce shall take into
account the nature, circumstances, extent, and gravity of
the prohibited act committed and, with respect to the vio-
lator, the degree of culpability, any history of prior viola-
tions, ability to pay, and such other matters as justice may
require.
(2) Subsections (b) through (e) of section 308 of the
Magnuson Act (16 U.S.C. 1858(b)–(e); relating to review
of civil penalties; acting upon failure to pay assessment,
compromise, and subpoenas) shall apply to penalties as-
sessed under paragraph (1) to the same extent and in the
same manner as if those penalties were assessed under
subsection (a) of such section 308.
(c) CIVIL FORFEITURES.—(1) 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 the re-
sult of, the commission of any act that is unlawful under
subsection (a), is subject to forfeiture to the United
States. All or part of the vessel may, and all such fish
(or the fair market value thereof) shall, be forfeited to the
United States under a civil proceeding described in para-
graph (2). The district courts of the United States have
jurisdiction over proceedings under this subsection.
(2) Subsections (c) through (e) of section 310 of the
Magnuson Act (16 U.S.C. 1860(c)–(e); relating to judg-
ment, procedure, and rebuttable presumptions) apply with
respect to proceedings for forfeiture commenced under
this subsection to the same extent and in the same manner
as if the proceeding were commenced under subsection (a)
of such section 310.
SEC. 3. CONSEQUENTIAL EFFECTS ON EXISTING LAW.
(a) COMMISSION ACTION.—The Atlantic States Ma-
rine Fisheries Commission shall promptly take action to