I
103D CONGRESS
1ST SESSION
H. R. 2134
To improve the conservation and management of interjurisdictional fisheries
along the Atlantic coast by providing for greater cooperation among
the States in implementing conservation and management programs,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 17, 1993
Mr. STUDDS (for himself, Mr. MANTON, Mr. HUGHES, Mr. FRANK of Massa-
chusetts, Mr. SAXTON, Mr. TOWNS, Mr. ACKERMAN, and Mrs. BENTLEY)
introduced the following bill; which was referred to the Committee on
Merchant Marine and Fisheries
A BILL
To 
improve 
the 
conservation 
and 
management 
of
interjurisdictional fisheries along the Atlantic coast by
providing for greater cooperation among the States in
implementing conservation and management programs,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Atlantic Coastal Fish-
eries Cooperative Management Act of 1993’’.
SEC. 
2. 
STATE-FEDERAL 
COOPERATION 
IN 
ATLANTIC
COASTAL FISHERIES MANAGEMENT.
(a) FEDERAL SUPPORT FOR STATE COASTAL FISH-
ERIES PROGRAMS.—The Secretaries shall develop and im-
plement a program to support the fisheries management
programs of the Commission. The program will include
elements to support and enhance State cooperation in—
(1) collection, management, and analysis of
fisheries data;
(2) law enforcement;
(3) habitat conservation;
(4) fisheries research, including biological and
socioeconomic research; and
(5) fishery management planning.
(b) FEDERAL REGULATIONS PERTAINING TO A FISH-
ERY COVERED BY AN INTERSTATE FISHERY MANAGE-
MENT PLAN IN THE ATLANTIC OCEAN.—
(1) IN
GENERAL.—The Secretary, after con-
sultation with the Councils having jurisdiction over
fisheries to which an interstate fishery management
plan applies, may issue and implement regulations to
govern fishing in the exclusive economic zone that
are necessary to support the effective implementa-
tion of the interstate fishery management plan
adopted for a fishery for which there is not in effect
a Federal fishery management plan. These regula-
tions may include measures recommended by the
Commission to the Secretary that are necessary to
support the provisions of the interstate fishery man-
agement plan for that fishery.
(2) SUPERSEDING REGULATIONS.—Regulations
issued by the Secretary to implement a Federal fish-
ery management plan for a fishery shall supersede
any regulations issued by the Secretary under this
section for that fishery.
(3) ENFORCEMENT.—The provisions of sections
307, 308, 309, 310, and 311 of the Magnuson Fish-
ery Conservation and Management Act (16 U.S.C.
1857, 1858, 1859, 1860, and 1861) regarding pro-
hibited acts, civil penalties, criminal offenses, civil
forfeitures, and enforcement shall apply with respect
to regulations issued under this subsection as if such
regulations were issued under the Magnuson Fishery
Conservation and Management Act.
SEC. 3. ADOPTION AND IMPLEMENTATION OF INTERSTATE
FISHERY MANAGEMENT PLANS.
(a) ADOPTION OF PLANS.—
(1) IN GENERAL.—The Commission shall pre-
pare and adopt fishery management plans or amend-
ments to fishery management plans in accordance
with this section to provide for the conservation and
management of coastal fishery resources.
(2) CONSULTATION.—In preparing a fishery
management plan or an amendment under this sub-
section, the Commission shall consult with appro-
priate Councils to determine areas where Federal
fishery management plans prepared by Councils
under section 302 of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1853)
and interstate fishery management plans may com-
plement each other.
(3) CONTENTS.—Each fishery management
plan or amendment prepared under this subsection
shall—
(A) contain information regarding the sta-
tus of the coastal fishery resources and fisheries
covered by the plan or amendment;
(B) identify each State that is required to
implement and enforce the plan or amendment;
(C) specify actions to be taken by States to
implement and be in compliance with the plan
or amendment; and
(D) recommend actions for the Secretary
to take in the exclusive economic zone to con-
serve and manage the fishery resources and
fisheries covered by the plan or amendment.
(4) TIME FRAME FOR IMPLEMENTATION AND
ENFORCEMENT BY STATES.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), a State that is identified in
an interstate fishery management plan pursu-
ant to paragraph (3)(B) shall implement and
enforce the plan within the time established in
the plan.
(B) EXISTING PLANS.—Not later than 90
days after the date of the enactment of this
Act, the Commission shall develop a schedule
for the implementation and enforcement by
States of interstate fishery management plans
that were adopted by the Commission before
the date of the enactment of this Act. Such
schedule shall provide for that implementation
and enforcement by not later than 1 year after
the date of the enactment of this Act, or in the
case of the Weakfish Plan, by not later than 6
months after that date of enactment.
(b) COMMISSION MONITORING OF STATE IMPLEMEN-
TATION AND ENFORCEMENT.—Not later than 1 year after
the date of the enactment of this Act (or in the case of
the Weakfish Plan, 6 months after that date) and at least
annually thereafter, the Commission shall—
(1) review each interstate fishery management
plan and determine whether each State which has
declared an interest in the plan, or that is required
under the plan to implement and enforce the plan,
has implemented and enforced the plan; and
(2) submit a report on the results of that re-
view to the Secretaries.
SEC. 4. STATE NONCOMPLIANCE WITH INTERSTATE FISH-
ERY MANAGEMENT PLANS.
(a) DETERMINATION.—The Commission shall deter-
mine that a State is not in compliance with an interstate
fishery management plan if it determines that the State
has not implemented and enforced the plan within the pe-
riod applicable under section 3(a).
(b) NOTIFICATION.—If the Commission determines
under subsection (a) that a State is not in compliance with
an interstate fishery management plan, the Commission
shall within 10 working days notify the Secretaries of that
determination. The notification shall include the reasons
for making the determination and specify an explicit list
of actions that the affected State must make to be in com-
pliance with the interstate fishery management plan. The
Commission shall provide a copy of the notification to the
State.
(c) MONITORING; WITHDRAWAL
OF DETERMINA-
TION.—After making a determination under subsection
(a) regarding a State, the Commission shall continue to
monitor implementation and enforcement by the State.
Upon finding that a State has taken the actions specified
by a notification under subsection (b), the Commission
may withdraw its determination. The Commission shall
promptly notify the Secretaries of any such withdrawal.
SEC. 5. SECRETARIAL ACTION.
(a) SECRETARIAL REVIEW OF COMMISSION DETER-
MINATION OF NONCOMPLIANCE.—Within 30 days after
receiving a notification regarding a State from the Com-
mission under section 4(b), the Secretary, in consultation
with the Secretary of the Interior, shall review the Com-
mission’s determination of noncompliance and determine
whether—
(1) the State has filed to implement and en-
force the interstate fishery management plan in
question; and
(2) the measures which the State has filed to
implement and enforce are necessary for the con-
servation and management of the fishery in ques-
tion.
(b) COMMENTS.—In making a finding under sub-
section (a), the Secretary shall solicit, review, and consider
the comments of the Commission, the affected coastal
State, and the appropriate Councils.
(c) DECLARATION OF MORATORIUM.—Upon deter-
mining under subsection (a) that a State has failed to im-
plement and enforce an interstate fishery management
plan, the Secretary shall declare a moratorium on fishing
for the species covered by the plan within the waters of
that State.
(d) SUSPENSION OF MORATORIUM.—Upon notifica-
tion by the Commission of its withdrawal under section
4(c) of a determination of noncompliance by a State, the
Secretary shall terminate any moratorium declared under
subsection (c) with respect to that noncompliance.
(e) REGULATIONS.—The Secretary, shall promulgate
regulations necessary to implement this section. Such reg-
ulations may provide for the possession and use of fish
which have been produced in an aquaculture operation,
subject to applicable State regulations.
(f) PROHIBITED ACTS DURING MORATORIUM.—Dur-
ing the time in which a moratorium is in effect, it is un-
lawful for any person to—
(1) engage in fishing for any species of fish to
which the moratorium applies within waters of the
State that is subject to the moratorium;
(2) land, attempt to land, or possess fish that
are caught, taken, or harvested in violation of the
moratorium, this Act, or any regulation issued under
this Act;
(3) fail to return to the water immediately, with
a minimum of injury, any fish to which the morato-
rium applies that are taken incidental to fishing for
species other than those to which the moratorium
applies;
(4) to land, within a State that is subject to a
moratorium, any fish to which the moratorium ap-
plies, regardless of where it was caught;
(5) refuse to permit any officer authorized to
enforce the provisions of this Act to board a fishing
vessel subject to the person’s control for purposes of
conducting any search or inspection in connection
with the enforcement of this Act;
(6) forcibly assault, resist, oppose, impede, in-
timidate, or interfere with any such officer in the
conduct of any search or inspection under this Act;
(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 possessed in violation of this Act;
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.
(g) PENALTIES.—
(1) CIVIL PENALTY.—Any person who commits
any act that is unlawful under subsection (f) of this
section 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). Subsections (b) through (e) of section
308 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1858(b)–(e); relating to
review of civil penalties, action upon failure to pay
assessment, compromise, and subpoenas) apply to
penalties assessed under this paragraph to the same
extent and in the same manner as if those penalties
were assessed under subsection (a) of that section.
(2) CRIMINAL
PENALTIES.—Any person who
commits an act prohibited by paragraph (5), (6),
(7), or (9) of subsection (f) is guilty of an offense
punishable under subsections (a)(1) and (b) of sec-
tion 309 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1859).
(h) CIVIL FORFEITURES.—
(1) FORFEITURE.—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 result of, the commission of any act that
is unlawful under subsection (f), shall be subject to
forfeiture to the United States as provided in section
310 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1860).
(2) DISPOSAL OF FISH.—Any fish seized pursu-
ant to this Act may be disposed of pursuant to the
order of a court of competent jurisdiction or, if per-
ishable, in a manner prescribed by regulation issued
by the Secretary.
(i) ENFORCEMENT.—A moratorium declared under
subsection (c) shall be enforced by the Secretaries and the
Secretary of the Department in which the Coast Guard
is operating, as provided in section 311 of the Magnuson
Fishery Conservation and Management Act (16 U.S.C.
1861 et seq.). The Secretaries 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.
SEC. 6. FINANCIAL ASSISTANCE.
The Secretaries may provide financial assistance to
the Commission and to the States to carry out their re-
spective responsibilities under this Act, including—
(1) the preparation, implementation, and en-
forcement of interstate fishery management plans;
and
(2) State activities that are specifically required
within such plans.
SEC. 7. DEFINITIONS.
In this Act the following definitions apply:
(1) COASTAL FISHERY RESOURCES.—The term
‘‘coastal fishery resource’’ means species of fish that
move among, or are broadly distributed across—
(A) waters under the jurisdiction of 2 or
more States that border the Atlantic Ocean; or
(B) waters under the jurisdiction of any
State that borders the Atlantic Ocean and wa-
ters of the exclusive economic zone.
(2) COMMISSION.—The term ‘‘Commission’’
means the Atlantic States Marine Fisheries Commis-
sion constituted under the interstate compact con-
sented to and approved by the Congress in the Acts
of May 4, 1942 (56 Stat. 267), and August 19,
1950 (64 Stat. 467).
(3) COUNCILS.—The term ‘‘Councils’’ means
the Regional Fishery Management Councils estab-
lished under section 302 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C.
1852) with jurisdiction over fisheries in the Atlantic
Ocean.
(4) EXCLUSIVE
ECONOMIC
ZONE.—The term
‘‘exclusive economic zone’’ means that portion in the
Atlantic Ocean of the exclusive economic zone estab-
lished by Presidential Proclamation Number 5030,
dated March 10, 1983.
(5) FEDERAL FISHERY MANAGEMENT PLAN.—
The term ‘‘Federal Fishery management plan’’
means a fishery management plan prepared by a
Council or the Secretary under the Magnuson Fish-
ery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(6) FISH.—The term ‘‘fish’’ means finfish, mol-
lusks, crustaceans, and all other forms of marine
animal life other than marine mammals and birds.
(7) FISHERY.—The term ‘‘fishery’’ has the
meaning given that term in section 3 of the Magnu-
son Fishery Conservation and Management Act (16
U.S.C. 1802).
(8) FISHING.—The term ‘‘fishing’’ has the
meaning given that term in section 3 of the Magnu-
son Fishery Conservation and Management Act (16
U.S.C. 1802).
(9) IMPLEMENT
AND
ENFORCE.—The term
‘‘implement and enforce’’ means the enactment or
adoption and the enforcement of statutes, regula-
tions, or rules as required to—
(A) comply with the provisions of an inter-
state fishery management plan; and
(B) assure compliance with such laws, reg-
ulations, or rules by persons participating in a
fishery that is subject to such plans.
(10) 
INTERSTATE
FISHERY
MANAGEMENT
PLAN.—The term ‘‘interstate fishery management
plan’’ means—
(A) a fishery management plan or amend-
ment adopted by the Commission under section
3; and
(B) any other plan for managing a coastal
fishery resource that was adopted by the Com-
mission before the date of the enactment of this
Act, and any amendment to such a plan adopt-
ed before the date of the enactment of this Act.
(11) SECRETARIES.—The term ‘‘Secretaries’’
means the Secretary of Commerce and the Secretary
of the Interior.
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce.
(13) STATE.—The term ‘‘State’’ means each of
Maine, New Hampshire, Massachusetts, Rhode Is-
land, Connecticut, New York, New Jersey, Penn-
sylvania, Delaware, Maryland, Virginia, North Caro-
lina, South Carolina, Georgia, Florida, the District
of Columbia, and the Potomac River Fisheries Com-
mission.
(14) WEAKFISH
PLAN.—The term ‘‘Weakfish
Plan’’ means the Interstate Fisheries Management
Plan for Weakfish prepared by the Commission,
dated October 1985, and all amendments thereto re-
lated to fishing for weakfish that are formally adopt-
ed before the date of the enactment of this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retaries such sums as may be necessary for the purposes
of carrying out the provisions of this Act.
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