Atlantic Striped Bass Conservation Act
PL 98-613 (H.R.5492), enacted 10/31/1984

PUBLIC LAW 98-613—OCT. 31, 1984 
98 STAT. 3187 
Public Law 98-613 
98th Congress 
An Act 
To provide for the conservation and management of Atlantic striped bass, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Atlantic Striped Bass Conservation 
Act". 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds and declares the following: 
(1) Atlantic striped bass are of historic commercial and recre-
ational importance and economic benefit to the Atlantic coastal 
States and to the Nation. 
(2) As a consequence of increased fishing pressure, environ-
mental pollution, the loss and alteration of habitat, and the 
inadequacy of fishery conservation and management practices 
and controls, certain stocks of Atlantic striped bass have been 
severely reduced in number. 
(3) Because no single government entity has full management 
authority throughout the range of the Atlantic striped bass, the 
harvesting and conservation of these fish have been subject to 
diverse, inconsistent, and intermittent State regulation that has 
been detrimental to the long-term maintenance of stocks of the 
species and to the interests of fishermen and the Nation as a 
whole. 
(4) It is in the national interest to implement effective proce-
dures and measures to provide for effective interjurisdictional 
conservation and management of this species. 
(b) PURPOSE.—It is therefore declared to be the purpose of the 
Congress in this Act to support and encourage the development, 
implementation, and enforcement of effective interstate action 
regarding the conservation and management of the Atlantic striped 
bass. 
SEC. 3. DEFINITIONS. 
As used in this Act— 
(1) The term "Act of 1976" means the Act entitled "An Act to 
provide for the conservation and management of the fisheries, 
and for other purposes", approved April 13, 1976 (16 U.S.C. 1801 
et seq.). 
(2) The term "Atlantic striped bass" means members of stocks 
or populations of the species Morone saxatilis, which ordinarily 
migrate seaward of the waters described in paragraph (3)(A). 
(3) The term "coastal waters" means— 
(A) all waters, whether salt or fresh, of a coastal State 
shoreward of the baseline from which the territorial sea of 
the United States is measured; and 
Oct. 31, 1984 
[H.R. 5492] 
Atlantic Striped 
Bass 
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98 STAT. 3188 
PUBLIC LAW 98-613—OCT. 31, 1984 
(B) the waters of a coastal State seaward from the base-
Hne referred to in subparagraph (A) to the inner boundary 
of the exclusive economic zone. 
(4) The term "coastal State" means Pennsylvania and each 
State of the United States bordering on the Atlantic Ocean 
north of the State of South Carolina. 
(5) The term "Commission" means the Atlantic States Marine 
Fisheries Commission established under the interstate compact 
consented to and approved by the Congress in Public Laws 
56 Stat. 267, 
77-539 and 81-721. 
64 Stat. 467. 
(g) The term "fishing" means— 
(A) the catching, taking, or harvesting of Atlantic striped 
bass, except when incidental to harvesting that occurs in 
the course of commercial or recreational fish catching ac-
tivities directed at a species other than Atlantic striped 
bass; 
(B) the attempted catching, taking, or harvesting of 
Atlantic striped bass; 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 authorized by 
the Federal Government or by any State government. 
(7) The term "Plan" means the Interstate Fisheries Manage-
ment Plan for Striped Bass, dated October 1, 1981, prepared by 
the Commission, and all amendments thereto related to fishing, 
including interim restoration measures for Chesapeake Bay 
striped bass stocks as developed by the Atlantic States Marine 
Fisheries 
Commission 
Striped 
Bass 
Management 
Board 
in December 1983, whether or not such language is formally 
adopted as an amendment to the Plan of October 1, 1981. 
(8) The term "Secretary" means the Secretary of Commerce. 
(9) The term "Secretaries" means the Secretary of Commerce 
and the Secretary of the Interior. 
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SEC. 4. COMMISSION FUNCTIONS. 
(a) COASTAL STATE REGULATORY MEASURES.—The Commission 
shall decide during June 1985 whether each coastal state has 
adopted all regulatory measures necessary to fully implement the 
Plan in its coastal waters. The Commission shall immediately notify 
the Secretaries of each negative determination made by it under the 
preceding sentence. 
(b) MONITORING OF ENFORCEMENT.—Commencing on July 1, 1985, 
the Commission shall monitor on a biannual basis the enforcement 
of the Plan by each coastal State for purposes of deciding if that 
enforcement is satisfactory. Enforcement by a coastal State may 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 its coastal waters is being, or will 
likely be, substantially and adversely affected. 
(c) NOTIFICATION TO SECRETARY OF RESULTS OF ENFORCEMENT MON-
ITORING.—On December 30, 1985, and on the closing date of each 
biannual period thereafter, the Commission shall notify the Secre-
taries of the results of the monitoring under subsection (b) of each 
coastal State. 
(d) SECRETARIAL ACTION AFTER NOTIFICATION.—Immediately upon 
receiving notice from the Commission— 
PUBLIC LAW 98-613—OCT. 31, 1984 
98 STAT. 3189 
(1) under subsection (a) that a coastal State has not taken the 
actions described in that subsection; or 
(2) under subsection (c) that the enforcement of the Plan by a 
coastal State is not satisfactory; 
the Secretary shall determine, within 30 days, whether that coastal 
State is in compliance with the Plan and, if the State is not in 
compliance, the Secretary shall declare a moratorium on fishing for 
Atlantic striped bass within the coastal waters of that coastal State. 
In making such a determination, the Secretary shall carefully con-
sider and review the comments of the Commission, that coastal State 
in question, and the Secretary of the Interior. 
SEC. 5. MORATORIUM. 
16 USC 1851 
(a) DEFINITIONS.—For purposes of this section— 
(1) The term "moratorium area" means the coastal waters 
with respect to which a declaration under section 4(d) applies. 
(2) The term "moratorium period" means the period begin-
ning on the day on which moratorium is declared under section 
4(d) regarding a coastal State and ending on the day on which 
the Commission notifies the Secretary that that State has taken 
appropriate remedial action with respect to those matters that 
were the cause of the moratorium being declared. 
(b) PROHIBITED ACTS DURING MORATORIUM.—During a moratorium 
period, it is unlawful for any person— 
(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 section 4(d) 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 the course of commercial or recreational fish 
catching activities, regardless of the physical condition of the 
striped bass when caught. 
(c) PENALTIES AND FORFEITURES.—(1) 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 (b), shall be 
liable to the United States for a civil penalty. The amount of the 
civil penalty shall not exceed $1,000 for each violation. Each day of 
continuing violation shall constitute a separate offense. The amount 
of such civil penalty shall be assessed by the Secretary by written 
notice. In determining the amount of such penalty, the Secretary 
shall take into account the nature, circumstances, extent, and grav-
ity of the prohibited act committed and, with respect to the violator, 
the degree of culpability, any history of prior violations, abiHty to 
pay, and such other matters as justice may require. 
(2) Subsections (b) through (e) of section 308 of the Act of 1976 (16 
U.S.C. 1858(b)-(e); relating to review of civil penalties, action upon 
failure to pay assessment, compromise, and subpenas) shall apply to 
penalties assessed under paragraph (1) to the same extent and in the 
same manner as if those penalties were assessed under subsection 
(a) of such section 308. 
(d) CIVIL FORFEITURES.—(1) Any vessel (including its gear, equip-
ment, appurtenances, stores, and cargo) used, and any fish (or the 
fair market value thereof) taken or retained, in any manner, in 
98 STAT. 3190 
PUBLIC LAW 98-613—OCT. 31, 1984 
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note. 
Federal 
Register, 
publication. 
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connection with, or the result of, the commission of any act that is 
unlawful under subsection (b), shall be 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 paragraph (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 Act of 1976 (16 
U.S.C. 1860(c)-(e); relating to judgment, procedure, and rebuttable 
presumptions) apply with respect to proceedings for forfeiture com-
menced 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. 
(e) ENFORCEMENT.—The Secretary shall enforce a moratorium 
declared under section 4(d). 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 coastal 
State in carrying out that enforcement. 
SEC. 6. COMPREHENSIVE ANNUAL SURVEYS. 
For the purposes of implementing the provisions of this Act, the 
Secretary and the Secretary of the Interior shall jointly conduct a 
comprehensive annual survey of the Atlantic striped bass fisheries. 
Each survey shall include, but not be limited to, a compilation and 
assessment of the recreational and commercial landings of that 
species in the coastal States during the period considered in the 
survey. The results of each annual survey shall be published in the 
Federal Register. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
Funds for activities in fiscal year 1985 under this Act shall be 
made available only from funds appropriated for the Department of 
Commerce and the Department of the Interior for fiscal year 1985. 
For fiscal year 1986, there are authorized such sums as may be 
necessary or appropriate to carry out the provisions of this Act. 
SEC. 8. SECRETARIAL STUDY. 
Within six months of the date of enactment of this Act, the 
Secretaries shall review the existing Plan and shall report to the 
Commission, the Chairman of the House Committee on Merchant 
Marine and Fisheries, the Chairman of the Senate Committee on 
Commerce, Science and Transportation and the Chairman of the 
Senate Committee on Environment and Public Works on the ade-
quacy of the Plan to achieve the purposes of this Act. Such report 
shall include recommendations for additional measures that niay 
need to be taken and include recommendations concerning specific 
State actions regarding the management and conservation of striped 
bass. 
SEC. 9. EFFECTIVE PERIOD. 
Sections 1 through 8 shall take effect upon enactment of this Act 
and shall cease to have force and effect 18 months after the date of 
enactment of this Act. 
SEC. 10. MISCELLANEOUS PROVISIONS. 
(a) Section 7 of the Anadromous Fish Conservation Act (16 U.S.C. 
757g) is amended by amending subsection (d) by striking out "and 
PUBLIC LAW 98-613—OCT. 31, 1984 
98 STAT. 3191 
September 30, 1984." and inserting in lieu thereof "September 30, 
1984, September 30,1985, and September 30,1986.". 
(b) There are authorized to be appropriated to the Department of 
Commerce, $200,000 for each of fiscal years 1986 and 1987, and the 
amount that is appropriated under this authority for each such year 
shall be apportioned equally by the Secretary between the States of 
Maryland and Virginia for use by each of them for the propagation, 
in existing hatchery facilities of that State, of striped bass for the 
replenishment of the Chesapeake Bay stock: (1) if that State, for 
each such fiscal year, expends an equal amount of State moneys for 
the propagation of such stock in its hatchery facilities; and (2) if the 
Secretary considers that that State is in full compliance with the 
Plan. 
(c) Section 207 of the Act entitled "An Act to provide for the 
establishment of the Bandon Marsh National Wildlife Refuge, Coos 
County, State of Oregon, and for other purposes" (Public Law 97-
137) is amended to read as follows: 
Appropriation 
authorization. 
95 Stat. 1712. 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 207. The Secretary of the Army is authorized to carry out 
his responsibilities under this title, at an estimated cost of 
$1,040,000. Any sums appropriated under this title shall remain 
available until expended.". 
(d) The amendment made by subsection (c) shall take effect Octo-
ber 1,1986. 
Effective date. 
Approved October 31, 1984. 
LEGISLATIVE HISTORY—H.R. 5492: 
HOUSE REPORTS: No. 98-1029 and Pt. 2 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Oct. 4, considered and passed House. 
Oct. 11, considered and passed Senate, amended; House concurred in Senate 
amendment.