I
105TH CONGRESS
1ST SESSION
H. R. 393
To prohibit the commercial harvesting of Atlantic striped bass in the coastal
waters and the exclusive economic zone.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. PALLONE (for himself, Mr. ANDREWS, Mrs. KENNELLY of Connecticut,
Mr. SHAYS, and Mr. MARKEY) 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 continu-
ing 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 vio-
lator, the degree of culpability, any history of prior viola-
tions, 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