IIA
105TH CONGRESS
1ST SESSION
H. R. 1658
IN THE SENATE OF THE UNITED STATES
JULY 9, 1997
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To reauthorize and amend the Atlantic Striped Bass
Conservation Act and related laws.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Atlantic Striped Bass
Conservation 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
Conservation Act’.
‘‘SEC. 2. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds and declares
the following:
‘‘(1) Atlantic striped bass are of historic com-
mercial and recreational importance and economic
benefit to the Atlantic coastal States and to the Na-
tion.
‘‘(2) No single government entity has full man-
agement authority throughout the range of the At-
lantic striped bass.
‘‘(3) The population of Atlantic striped bass—
‘‘(A) has been subject to large fluctuations
due to natural causes, fishing pressure, environ-
mental pollution, loss and alteration of habitat,
inadequacy of fisheries conservation and man-
agement practices, and other causes; and
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‘‘(i) all waters, whether salt or fresh,
of the coastal State shoreward of the base-
line 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 boundary of the ex-
clusive economic zone;
‘‘(B) for the District of Columbia, those
waters within its jurisdiction; and
‘‘(C) for the Potomac River Fisheries Com-
mission, those waters of the Potomac River
within the boundaries established by the Poto-
mac 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 Commis-
sion 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 ap-
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proved 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 Mag-
nuson 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 commer-
cial or recreational fish catching activities di-
rected 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 preparation for, any activity described in
subparagraph (A) or (B).
The term does not include any scientific research au-
thorized 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 beginning on the day on which moratorium is
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declared under section 5(a) regarding a coastal
State and ending on the day on which the Commis-
sion notifies the Secretaries that that State has
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 manag-
ing Atlantic striped bass, or an amendment to such
plan, that is prepared and adopted by the Commis-
sion.
‘‘(11) The term ‘Secretary’ means the Secretary
of Commerce or a designee of the Secretary of the
Secretary of Commerce.
‘‘(12) The term ‘Secretaries’ means the Sec-
retary of Commerce and the Secretary of the Inte-
rior or their designees.
‘‘SEC. 4. MONITORING OF IMPLEMENTATION AND EN-
FORCEMENT 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
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‘‘(2) whether the enforcement of the Plan by
each coastal State is satisfactory.
‘‘(b) SATISFACTORY STATE ENFORCEMENT.—For
purposes of subsection (a)(2), enforcement by a coastal
State shall not be considered satisfactory by the Commis-
sion 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 like-
ly be, substantially and adversely affected.
‘‘(c) NOTIFICATION
OF SECRETARIES.—The Com-
mission shall immediately notify the Secretaries of each
negative determination made by it under subsection (a).
‘‘SEC. 5. MORATORIUM.
‘‘(a) SECRETARIAL ACTION AFTER NOTIFICATION.—
Upon receiving notice from the Commission under section
4(c) of a negative determination regarding a coastal State,
the Secretaries shall determine jointly, within thirty 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 carefully consider and review the comments of the
Commission and that coastal State in question.
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‘‘(b) PROHIBITED ACTS DURING MORATORIUM.—
During a moratorium period, it is unlawful for any per-
son—
‘‘(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 recreational fish catch-
ing activities, regardless of the physical condition of
the striped bass when caught.
‘‘(c) CIVIL PENALTIES.—
‘‘(1) CIVIL PENALTY.—Any person who com-
mits any act that is unlawful under subsection (b)
shall be liable to the United States for a civil penalty
as provided by section 308 of the Magnuson Act (16
U.S.C. 1858).
‘‘(2) CIVIL FORFEITURES.—
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‘‘(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 com-
mission of any act that is unlawful under sub-
section (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 pursu-
ant to the order of a court of competent juris-
diction, or, if perishable, in a manner prescribed
in regulations.
‘‘(d) ENFORCEMENT.—A person authorized by the
Secretary 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 Secretary 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
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agency and of any agency of a State in carrying out that
enforcement.
‘‘(e) REGULATIONS.—The Secretary may issue regu-
lations to implement this section.
‘‘SEC. 6. CONTINUING STUDIES OF STRIPED BASS POPU-
LATIONS.
‘‘(a) IN GENERAL.—For the purposes of carrying out
this Act, the Secretaries shall conduct continuing, com-
prehensive studies of Atlantic striped bass stocks. These
studies shall include, but shall not be limited to, the follow-
ing:
‘‘(1) Annual stock assessments, using fishery-
dependent and fishery-independent data, for the pur-
poses of extending the long-term population record
generated by the annual striped bass study con-
ducted 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 qual-
ity, land use, and other environmental factors on the
recruitment, spawning potential, mortality, and
abundance of Atlantic striped bass populations, in-
cluding the Delaware River population.
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‘‘(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 competition on the recruitment, spawning
potential mortality, and abundance of Atlantic
striped bass.
‘‘(b) REPORTS.—The Secretaries shall make biennial
reports to the Congress and to the Commission concerning
the progress and findings of studies conducted under sub-
section (a) and shall make those reports public. Such re-
ports shall, to the extent appropriate, contain rec-
ommendations of actions which could be taken to encour-
age the sustainable management of Atlantic striped bass.
‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERA-
TIVE AGREEMENTS.
‘‘(a) AUTHORIZATION.—For each of fiscal years
1998, 1999, and 2000, there are authorized to be appro-
priated to carry out this Act—
‘‘(1) $800,000 to the Secretary of Commerce;
and
‘‘(2) $250,000 to the Secretary of the Interior.
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‘‘(b) COOPERATIVE AGREEMENTS.—The Secretaries
may enter into cooperative agreements with the Atlantic
States Marine Fisheries 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 MAN-
AGEMENT PLANS AND AMENDMENTS.
‘‘(a) STANDARDS AND PROCEDURES.—In order to
ensure the opportunity for public participation in the prep-
aration of management plans and amendments to manage-
ment plans for Atlantic striped bass, the Commission shall
prepare such plans and amendments 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 Com-
mission 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 ECO-
NOMIC ZONE.—The Secretary shall promulgate regula-
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tions governing fishing for Atlantic striped bass in the ex-
clusive economic zone that the Secretary determines are—
‘‘(1) consistent with the national standards set
forth in section 301 of the Magnuson Act (16 U.S.C.
1851);
‘‘(2) compatible with the Plan and each Federal
moratorium in effect on fishing for Atlantic striped
bass within the coastal waters of a coastal State;
and
‘‘(3) sufficient to assure the long-term con-
servation of Atlantic striped bass populations.
‘‘(b) CONSULTATION; PERIODIC REVIEW OF REGU-
LATIONS.—In preparing regulations under subsection (a),
the Secretary shall consult 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 periodi-
cally review regulations promulgated under subsection (a),
and if necessary to ensure their continued consistency with
the requirements of subsection (a), shall amend those reg-
ulations.
‘‘(c) APPLICABILITY
OF MAGNUSON ACT PROVI-
SIONS.—The provisions of sections 307, 308, 309, 310,
and 311 of the Magnuson Act (16 U.S.C. 1857, 1858,
1859, 1860, and 1861) regarding prohibited acts, civil
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penalties, criminal offenses, civil forfeitures, and enforce-
ment shall apply with respect to regulations and any plan
issued under subsection (a) of this section as if such regu-
lations or plan were issued under the Magnuson Act.’’.
SEC. 3. REPEALS.
(a) ANADROMOUS FISH CONSERVATION ACT.—Sec-
tion 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 appro-
priations to carry out the Atlantic Striped Bass Conserva-
tion 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 ECO-
NOMIC 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 November 3,
1988 (102 Stat. 2986; 16 U.S.C. 1851 note) is repealed.
Passed the House of Representatives July 8, 1997.
Attest:
ROBIN H. CARLE,
Clerk.