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The term does not include any scientific research au-
thorized by the Federal Government or by any State
government.
‘‘(7) The term ‘moratorium area’ means the
coastal waters with respect to which a declaration
under section 5(a) applies.
‘‘(8) The term ‘moratorium period’ means the
period beginning on the day on which moratorium is
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.
‘‘(9) 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.
‘‘(10) The term ‘Secretary’ means the Secretary
of Commerce.
‘‘(11) The term ‘Secretaries’ means the Sec-
retary of Commerce and the Secretary of the Inte-
rior.
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‘‘SEC. 4. COMMISSION FUNCTIONS.
‘‘(a) MONTIORING OF IMPLEMENTATION AND EN-
FORCEMENT.—
‘‘(1) IN GENERAL.—During December of each
fiscal year, and at any other time it deems necessary
the Commission shall determine—
‘‘(A) whether each coastal State has adopt-
ed all regulatory measures necessary to fully
implement the Plan in its coastal waters; and
‘‘(B) whether the enforcement of the Plan
by each coastal State is satisfactory.
‘‘(2) SATISFACTORY
STATE
ENFORCEMENT.—
For purposes of paragraph (1)(B), enforcement by a
coastal State shall not be considered satisfactory by
the Commission if, in its view, the enforcement is
being carried out in such a manner that the imple-
mentation of the Plan within the coastal waters of
the State is being, or will likely be, substantially and
adversely affected.
‘‘(3) NOTIFICATION
OF
SECRETARIES.—The
Commission shall immediately notify the Secretaries
of each negative determination made by it under this
subsection.
‘‘SEC. 5. MORATORIUM.
‘‘(a) SECRETARIAL ACTION AFTER NOTIFICATION.—
Upon receiving notice from the Commission under section
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4 that a coastal State has not taken the actions described
in that section, the Secretaries shall determine jointly,
within thirty days, whether that coastal State is in compli-
ance with the Plan and, if the State is not in compliance,
the Secretaries shall declare jointly a moratorium on fish-
ing 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 com-
ments of the Commission and that coastal State in ques-
tion.
‘‘(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
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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.—
‘‘(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.
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‘‘(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
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 Secretary 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-
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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.
‘‘(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.
‘‘(5) Investigations of actions necessary to
maintain indefinitely a large, healthy, and self-sup-
porting population of Atlantic striped bass.
‘‘(b) REPORTS.—The Secretary shall make biennial
reports to the Congress and to the Commission concerning
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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 $800,000 to carry out this Act.
‘‘(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
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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-
tions governing fishing for Atlantic striped bass in the ex-
clusive economic zone that the Secretary determines to be
consistent with the national standards set forth in section
301 of the Magnuson Act (16 U.S.C. 1851) and necessary
and appropriate to—
‘‘(1) ensure the effectiveness of State regula-
tions or a Federal moratorium on fishing for Atlan-
tic striped bass within the coastal waters of a coastal
State; and
‘‘(2) achieve conservation and management
goals for the Atlantic striped bass resource.
‘‘(b) CONSULTATION; PERIODIC REVIEW OF REGU-
LATIONS.—In preparing regulations under subsection (a),
the Secretary shall consult with the Atlantic States Marine
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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
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.
‘‘(d) DEFINITION.—As used in this section, the term
‘exclusive economic zone’ has the meaning given such term
in section 3(6) of the Magnuson Act (16 U.S.C.
1802(6)).’’.
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-
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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 Striped Bass
Conservation Act for fiscal years 1989 through 1991, and
for other purposes’’, approved October 17, 1991 (102
Stat. 2986; 16 U.S.C. 1851 note) is repealed.
Æ