(1) Atlantic menhaden are a key piece of the 
Atlantic ecosystem, from Florida to Maine. 
(2) Serving as a vital link in the food chain, At-
lantic menhaden are a primary source of food for 
striped bass, bluefish, weakfish, Spanish mackerel, 
seals, and whales, and are favored by seabirds like 
loons and ospreys. 
(3) Atlantic menhaden help maintain water 
quality by feeding on plankton and decaying plants. 
In aggregate in the Chesapeake Bay, these valuable 
living resources have the ability to filter a volume of 
water equal to the entire bay in less than one day. 
(4) The Chesapeake Bay, the biggest estuary in 
North America, is a prime Atlantic menhaden nurs-
ery ground for the whole east coast, yet populations 
there are at historic lows. Juvenile fish are especially 
low, which is a key indicator of a dwindling popu-
lation. 
(5) The Chesapeake Bay is also a major spawn-
ing ground for striped bass, which are popular with 
anglers. Many striped bass in the bay are suffering 
from malnutrition and disease, and the declining At-
lantic menhaden population may be a big factor. 
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(6) Industrial harvests of Atlantic menhaden 
for reduction purposes are the primary source of 
fishing mortality. 
(7) In 2006, Addendum III to the Interstate 
Fishery Management Plan for Atlantic menhaden 
established a precautionary cap on harvesting of At-
lantic menhaden. However, there is no scientific 
basis to establish whether the level of harvest al-
lowed by such plan is sustainable. 
(8) More research and studies are needed to de-
termine the health of Atlantic menhaden popu-
lations, but the danger signs clearly point to the 
need for protection measures now for what is often 
called the most important fish in the sea. 
SEC. 3. DEFINITIONS. 
As used in this Act: 
(1) The term ‘‘Atlantic menhaden’’ means 
members of stocks or populations of the species 
Brevoortia tyrannus. 
(2) 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 
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(C) the Potomac River Fisheries Commis-
sion established by the Potomac River Compact 
of 1958. 
(3) The term ‘‘coastal waters’’ means— 
(A) for each coastal State referred to in 
paragraph (2)(A)— 
(i) all waters, whether salt or fresh, of 
the coastal State shoreward of the baseline 
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 wa-
ters 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 ‘‘Commission’’ means the Atlantic 
States Marine Fisheries Commission established 
under the interstate compact consented to and ap-
proved by the Congress in Public Laws 77–539 and 
81–721. 
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(5) 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)). 
(6) The term ‘‘fishing’’ means— 
(A) the commercial catching, taking, or 
harvesting of Atlantic menhaden for reduction 
purposes, except when incidental to harvesting 
that occurs in the course of commercial or rec-
reational fish-catching activities directed at a 
species other than Atlantic menhaden; 
(B) the attempted commercial catching, 
taking, or harvesting of Atlantic menhaden for 
reduction purposes; 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. 
(7) The term ‘‘fishing for Atlantic menhaden 
for reduction purposes’’ means fishing that harvests 
Atlantic menhaden that are reduced to meal and oil. 
(8) The term ‘‘Magnuson Act’’ means the Mag-
nuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.). 
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(9) The term ‘‘moratorium area’’ means the 
coastal waters with respect to which a moratorium 
is in effect under section 5. 
(10) The term ‘‘moratorium period’’ means, 
with respect to the coastal waters of a coastal State, 
the period beginning on the date of the enactment 
of this Act and ending on the day on which the 
Commission notifies the Secretaries that such State 
has taken appropriate remedial action with respect 
to those matters that were the case of the morato-
rium being declared. 
(11) The term ‘‘Plan’’ means a plan for man-
aging Atlantic menhaden, or an amendment to such 
plan, that— 
(A) is prepared and adopted by the Com-
mission; 
(B) establishes a scientifically determined 
limit on total allowable landings of Atlantic 
menhaden; and 
(C) takes account of the role of Atlantic 
menhaden in the ecosystem. 
(12) The term ‘‘Secretaries’’ means the Sec-
retary of Commerce and the Secretary of the Inte-
rior or their designees. 
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(13) The term ‘‘Secretary’’ means the Secretary 
of Commerce or a designee of the Secretary of Com-
merce. 
SEC. 4. MONITORING OF IMPLEMENTATION AND ENFORCE-
MENT BY COASTAL STATES. 
(a) DETERMINATION.—During December of each fis-
cal year, and at any other time it determines it to be nec-
essary, 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 
(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 Commis-
sion shall immediately notify the Secretaries of each af-
firmative determination made by it under subsection (a). 
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(1) to engage in fishing within the moratorium 
area; 
(2) to land, or attempt to land, Atlantic menha-
den that are caught, taken, or harvested in violation 
of paragraph (1); 
(3) to land lawfully harvested Atlantic menha-
den within the boundaries of a coastal State when 
a moratorium is in effect under subsection (a) for 
coastal waters of that State; or 
(4) to fail to return to the water Atlantic men-
haden with respect to which the moratorium applies 
that are caught incidental to harvesting that occurs 
in the course of commercial or recreational fish- 
catching activities, regardless of the physical condi-
tion of the menhaden when caught. 
(d) CIVIL PENALTIES.— 
(1) CIVIL PENALTY.—Any person who commits 
any act that is unlawful under subsection (bc) 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.— 
(A) IN GENERAL.—Any vessel (including 
its gear, equipment, appurtenances, stores, and 
cargo) used, and any fish (or the fair market 
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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 (c) 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. 
(e) REGULATIONS.—The Secretaries may issue regu-
lations to implement this section. 
SEC. 6. CONTINUING STUDIES OF MENHADEN POPU-
LATIONS. 
(a) IN GENERAL.—For the purposes of carrying out 
this Act, the Secretaries shall conduct continuing, com-
prehensive studies of Atlantic menhaden stocks. These 
studies shall include, but shall not be limited to, the fol-
lowing: 
(1) Annual stock assessments, using fishery-de-
pendent and fishery-independent data, for the pur-
poses of extending the long-term population record. 
(2) Investigations of the causes of fluctuations 
in Atlantic menhaden populations. 
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(3) Investigations of the role of Atlantic menha-
den on water quality and other environmental fac-
tors, and the contribution of Atlantic menhaden to 
the recruitment, spawning potential, mortality, and 
abundance of Atlantic striped bass populations, in-
cluding the Delaware River population. 
(4) Investigations of— 
(A) the interactions between Atlantic men-
haden and other fish, including bluefish, Atlan-
tic striped bass, mackerel, and other forage fish 
or possible competitors, and 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 
menhaden. 
(b) SOCIO-ECONOMIC STUDY.—The Secretaries, in 
consultation with the Atlantic States Marine Fisheries 
Commission, shall conduct a study of the socioeconomic 
benefits of the Atlantic menhaden resource. The Secre-
taries shall issue a report to the Congress concerning the 
findings of this study no later than September 30, 2008. 
(c) REPORTS.—The Secretaries shall make biennial 
reports to the Congress and to the Commission concerning 
the progress and findings of studies conducted under sub-
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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 menhaden. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERA-
TIVE AGREEMENTS. 
(a) AUTHORIZATION.—For each of fiscal years 2008, 
2009, and 2010, there are authorized to be appropriated 
to carry out this Act— 
(1) $800,000 to the Secretary of Commerce; 
and 
(2) $250,000 to the Secretary of the Interior. 
(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 en-
sure the opportunity for public participation in the prepa-
ration of management plans and amendments to manage-
ment plans for Atlantic menhaden, the Commission shall 
prepare such plans and amendments in accordance with 
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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 all 
management plans for Atlantic menhaden, and amend-
ments to such plans, adopted by the Commission. 
SEC. 9. PROHIBITION ON COMMERCIAL HARVESTING OF 
ATLANTIC MENHADEN IN EXCLUSIVE ECO-
NOMIC ZONE. 
(a) PROHIBITION.—It is unlawful to engage in, or to 
attempt to engage in, the commercial harvesting of Atlan-
tic menhaden for reduction purposes in the exclusive eco-
nomic zone established by Proclamation Number 5030, 
dated March 10, 1983. 
(b) PENALTY.— 
(1) IN GENERAL.—Any person who is found by 
the Secretary 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 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 viola-
tion. Each day of continuing violation constitutes a 
separate offense. The amount of the civil penalty 
shall be assessed by the Secretary of Commerce by 
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