I 
109TH CONGRESS 
1ST SESSION H. R. 2059
To prohibit the commercial harvesting of Atlantic striped bass in the coastal 
waters and the exclusive economic zone. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 3, 2005
Mr. PALLONE introduced the following bill; which was referred to the 
Committee on Resources 
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 ‘‘Atlantic striped bass’’ 
and ‘‘coastal waters’’ have the same meanings that are 
given such terms in section 3 of the Atlantic Striped Bass 
Conservation Act (Public Law 98–613; 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 con-
tinuing violation constitutes a separate offense. The 
amount of the civil penalty shall be assessed by the Sec-
retary 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 culpability, any history of 
prior violations, ability to pay, and such other matters as 
justice may require. 
(2) Subsections (b) through (e) of section 308 of the 
Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1858(b)–(e); relating to review of
civil penalties; acting upon failure to pay assessment, com-
promise, and subpoenas) shall apply to penalties assessed 
under paragraph (1) to the same extent and in the same 
manner as if those penalties were assessed under sub-
section (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-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1860(c)–(e); relating to judgment, 
procedure, and rebuttable presumptions) shall 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 
amend the Interstate Fisheries Management Plan for 
Striped Bass, dated October 1, 1981, to take into account 
the prohibition established under section 2 on the commer-
cial harvesting of Atlantic striped bass in coastal waters. 
(b) STRIPED BASS STUDY.—The Director of the 
United States Fish and Wildlife Service shall adjust the 
scope of the study required under section 5 of Public Law 
100–589 (16 U.S.C. 1851 note) to reflect the prohibition 
established under section 2 on the commercial harvesting 
of Atlantic striped bass. 
(c) REPEAL OF PROVISIONS REGULATING FISHING 
FOR ATLANTIC STRIPED BASS IN THE EXCLUSIVE ECO-
NOMIC ZONE.—Section 6 of Public Law 100–589 (16 
U.S.C. 1851 note) is repealed.
Æ