I 
110TH CONGRESS 
1ST SESSION H. R. 2939 
To prohibit the commercial harvesting of Atlantic blackfish in the coastal 
waters and the exclusive economic zone, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2007 
Mr. PALLONE introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To prohibit the commercial harvesting of Atlantic blackfish 
in the coastal waters and the 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 Blackfish 
Conservation Act’’. 
SEC. 2. PROHIBITION ON COMMERCIAL HARVESTING OF 
ATLANTIC BLACKFISH. 
(a) PROHIBITION.—It is unlawful to engage in, or to 
attempt to engage in— 
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(1) the commercial harvesting of Atlantic 
blackfish, popularly known as tautog, in the coastal 
waters or in the exclusive economic zone established 
by Proclamation Numbered 5030, dated March 10, 
1983; or 
(2) the sale of Atlantic blackfish taken in viola-
tion of paragraph (1) or any part thereof. 
(b) PENALTIES.— 
(1) CIVIL PENALTY.—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 com-
mitted an act that is unlawful 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 continuing 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 violator, the degree of culpa-
bility, any history of prior violations, ability to pay, 
and such other matters as justice may require. 
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(2) REVIEW; FAILURE TO PAY, COMPROMISE, 
AND SUBPOENAS.—Subsections (b) through (e) of 
section 308 of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1858(b)– 
(e); relating to review of civil penalties; acting upon 
failure to pay assessment, compromise, and sub-
poenas) shall apply to penalties assessed under para-
graph (1) to the same extent and in the same man-
ner as if those penalties were assessed under sub-
section (a) of such section 308. 
(c) CIVIL FORFEITURES.— 
(1) 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 the result of, the commission of any act that 
is unlawful under subsection (a), is subject to for-
feiture 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 paragraph (2). 
The district courts of the United States have juris-
diction over proceedings under this subsection. 
(2) JUDGMENT, PROCEDURE, AND REBUTTABLE 
PRESUMPTIONS.—Subsections (c) through (e) of sec-
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