H. R. 2150—32
tion in collection, management, and analysis of fishery data; law
enforcement; habitat conservation; fishery research, including
biological and socioeconomic research; and fishery management
planning.
(b) FEDERAL REGULATION IN EXCLUSIVE ECONOMIC ZONE.—(1)
In the absence of an approved and implemented fishery manage-
ment plan under the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.), and after consultation with
the appropriate Councils, the Secretary may implement regulations
to govern fishing in the exclusive economic zone that are—
(A) necessary to support the effective implementation of
a coastal fishery management plan; and
(B) consistent with the national standards set forth in
section 301 of the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1851).
The regulations may include measures recommended by the
Commission to the Secretary that are necessary to support the
provisions of the coastal fishery management plan. Regulations
issued by the Secretary to implement an approved fishery manage-
ment plan prepared by the appropriate Councils or the Secretary
under the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.) shall supersede any conflicting regulations
issued by the Secretary under this subsection.
(2) The provisions of sections 307, 308, 309, 310, and 311
of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1857, 1858, 1859, 1860, and 1861) regarding prohibited
acts, civil penalties, criminal offenses, civil forfeitures, and enforce-
ment shall apply with respect to regulations issued under this
subsection as if such regulations were issued under the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.).
SEC. 805. STATE IMPLEMENTATION OF COASTAL FISHERY MANAGE-
MENT PLANS.
(a) COASTAL FISHERY MANAGEMENT PLANS.—(1) The Commis-
sion shall prepare and adopt coastal fishery management plans
to provide for the conservation of coastal fishery resources. In
preparing a coastal fishery management plan for a fishery that
is located in both State waters and the exclusive economic zone,
the Commission shall consult with appropriate Councils to deter-
mine areas where such coastal fishery management plan may com-
plement Council fishery management plans. The coastal fishery
management plan shall specify the requirements necessary for
States to be in compliance with the plan. Upon adoption of a
coastal fishery management plan, the Commission shall identify
each State that is required to implement and enforce that plan.
(2) Within 1 year after the date of enactment of this Act,
the Commission shall establish standards and procedures to govern
the preparation of coastal fishery management plans under this
title, including standards and procedures to ensure that—
(A) such plans promote the conservation of fish stocks
throughout their ranges and are based on the best scientific
information available; and
(B) the Commission provides adequate opportunity for pub-
lic participation in the plan preparation process, including at
least four public hearings and procedures for the submission
of written comments to the Commission.
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H. R. 2150—33
(b) STATE IMPLEMENTATION AND ENFORCEMENT.—(1) Each State
identified under subsection (a) with respect to a coastal fishery
management plan shall implement and enforce the measures of
such plan within the timeframe established in the plan.
(2) Within 90 days after the date of enactment of this Act,
the Commission shall establish a schedule of timeframes within
which States shall implement and enforce the measures of coastal
fishery management plans in existence before such date of enact-
ment. No such timeframe shall exceed 12 months after the date
on which the schedule is adopted.
(c) COMMISSION MONITORING OF STATE IMPLEMENTATION AND
ENFORCEMENT.—The Commission shall, at least annually, review
each State’s implementation and enforcement of coastal fishery
management plans for the purpose of determining whether such
State is effectively implementing and enforcing each such plan.
Upon completion of such reviews, the Commission shall report
the results of the reviews to the Secretaries.
SEC. 806. STATE NONCOMPLIANCE WITH COASTAL FISHERY MANAGE-
MENT PLANS.
(a) NONCOMPLIANCE DETERMINATION.—The Commission shall
determine that a State is not in compliance with the provisions
of a coastal fishery management plan if it finds that the State
has not implemented and enforced such plan within the timeframes
established under the plan or under section 805.
(b) NOTIFICATION.—Upon making any determination under sub-
section (a), the Commission shall within 10 working days notify
the Secretaries of such determination. Such notification shall
include the reasons for making the determination and an explicit
list of actions that the affected State must take to comply with
the coastal fishery management plan. The Commission shall provide
a copy of the notification to the affected State.
(c) WITHDRAWAL OF NONCOMPLIANCE DETERMINATION.—After
making a determination under subsection (a), the Commission shall
continue to monitor State implementation and enforcement. Upon
finding that a State has complied with the actions required under
subsection (b), the Commission shall immediately withdraw its
determination of noncompliance. The Commission shall promptly
notify the Secretaries of such withdrawal.
SEC. 807. SECRETARIAL ACTION.
(a) SECRETARIAL REVIEW OF COMMISSION DETERMINATION OF
NONCOMPLIANCE.—Within 30 days after receiving a notification
from the Commission under section 806(b) and after review of
the Commission’s determination of noncompliance, the Secretary
shall make a finding on—
(1) whether the State in question has failed to carry out
its responsibility under section 805; and
(2) if so, whether the measures that the State has failed
to implement and enforce are necessary for the conservation
of the fishery in question.
(b) CONSIDERATION OF COMMENTS.—In making a finding under
subsection (a), the Secretary shall—
(A) give careful consideration to the comments of the State
that the Commission has determined under section 806(a) is
not in compliance with a coastal fishery management plan,
and provide such State, upon request, with the opportunity
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H. R. 2150—34
to meet with and present its comments directly to the Secretary;
and
(B) solicit and consider the comments of the Commission
and the appropriate Councils.
(c) MORATORIUM.—(1) Upon making a finding under subsection
(a) that a State has failed to carry out its responsibility under
section 805 and that the measures it failed to implement and
enforce are necessary for conservation, the Secretary shall declare
a moratorium on fishing in the fishery in question within the
waters of the noncomplying State. The Secretary shall specify the
moratorium’s effective date, which shall be any date within 6
months after declaration of the moratorium.
(2) If after a moratorium is declared under paragraph (1) the
Secretary is notified by the Commission that the Commission is
withdrawing under section 806(c) the determination of noncompli-
ance, the Secretary shall immediately determine whether the State
is in compliance with the applicable plan. If so, the moratorium
shall be terminated.
(d) IMPLEMENTING REGULATIONS.—The Secretary may issue
regulations necessary to implement this section. Such regulations—
(1) may provide for the possession and use of fish which
have been produced in an aquaculture operation, subject to
applicable State regulations; and
(2) shall allow for retention of fish that are subject to
a moratorium declared under this section and unavoidably
taken as incidental catch in fisheries directed toward menhaden
if—
(A) discarding the retained fish is impracticable;
(B) the retained fish do not constitute a significant
portion of the catch of the vessel; and
(C) retention of the fish will not, in the judgment
of the Secretary, adversely affect the conservation of the
species of fish retained.
(e) PROHIBITED ACTS DURING MORATORIUM.—During the time
in which a moratorium under this section is in effect, it is unlawful
for any person to—
(1) violate the terms of the moratorium or of any
implementing regulation issued under subsection (d);
(2) engage in fishing for any species of fish to which the
moratorium applies within the waters of the State subject
to the moratorium;
(3) land, attempt to land, or possess fish that are caught,
taken, or harvested in violation of the moratorium or of any
implementing regulation issued under subsection (d);
(4) fail to return to the water immediately, with a minimum
of injury, any fish to which the moratorium applies that are
taken incidental to fishing for species other than those to which
the moratorium applies, except as provided by regulations
issued under subsection (d);
(5) refuse to permit any officer authorized to enforce the
provisions of this title to board a fishing vessel subject to
such person’s control for purposes of conducting any search
or inspection in connection with the enforcement of this title;
(6) forcibly assault, resist, oppose, impede, intimidate, or
interfere with any such authorized officer in the conduct of
any search or inspection under this title;
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H. R. 2150—35
(7) resist a lawful arrest for any act prohibited by this
section;
(8) ship, transport, offer for sale, sell, purchase, import,
or have custody, control, or possession of, any fish taken or
retained in violation of this title; or
(9) interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that such
other person has committed any act prohibited by this section.
(f) CIVIL AND CRIMINAL PENALTIES.—(1) Any person who com-
mits any act that is unlawful under subsection (e) shall be liable
to the United States for a civil penalty as provided by section
308 of the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1858).
(2) Any person who commits an act prohibited by paragraph
(5), (6), (7), or (9) of subsection (e) is guilty of an offense punishable
as provided by section 309 (a)(1) and (b) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1859 (a)(1) and (b)).
(g) 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 as the result of, the commission of any
act that is unlawful under subsection (e), shall be subject to forfeit-
ure to the United States as provided in section 310 of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1860).
(2) Any fish seized pursuant to this title may be disposed
of pursuant to the order of a court of competent jurisdiction or,
if perishable, in a manner prescribed in regulation.
(h) 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 (c) of this section that an officer authorized by
the Secretary under section 311(b) of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1861(b)) may take to
enforce that Act. The Secretary may, by agreement, on a reimburs-
able basis or otherwise, utilize the personnel, services, equipment
(including aircraft and vessels), and facilities of any other Federal
department or agency and of any agency of a State in carrying
out that enforcement.
SEC. 808. FINANCIAL ASSISTANCE.
The Secretary and the Secretary of the Interior may provide
financial assistance to the Commission and to the States to carry
out their respective responsibilities under this title, including—
(1) the preparation, implementation, and enforcement of
coastal fishery management plans; and
(2) State activities that are specifically required within
such plans.
SEC. 809. AUTHORIZATION OF APPROPRIATIONS.
To carry out the provisions of this title, there are authorized
to be appropriated $3,000,000 for fiscal year 1994, $5,000,000 for
fiscal year 1995, and $7,000,000 for fiscal year 1996.
SEC. 810. ATLANTIC STRIPED BASS CONSERVATION ACT.
Section 9 of the Atlantic Striped Bass Conservation Act (16
U.S.C. 1851 note) is repealed.
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