Atlantic Striped Bass Conservation Act Amendments of 1997
PL 105-146 (H.R.1658), enacted 12/16/1997

I l l STAT. 2672 
PUBLIC LAW 105-146—DEC. 16, 1997 
Public Law 105-146 
105th Congress 
An Act 
Dec. 16. 1997 
[H.R. 1658] 
Atlantic Striped 
Conservation Act 
Amendments of 
1997. 
Inter-
governmental 
relations. 
16 u s e 1851 
note. 
16 u s e 668dd 
note. 
To reauthorize and amend the Atlantic Striped Bass Conservation Act and related 
laws. 
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 Conserva-
tion Act Amendments of 1997". 
SEC. 2. REAUTHORIZATION AND AMENDMENT OF ATLANTIC STRIPED 
BASS CONSERVATION ACT. 
The Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 
note) is amended to read as follows: 
"SECTION 1. SHORT TITLE. 
"This Act may be cited as the 'Atlantic Striped Bass Conserva-
tion Act'. 
"SEC. 2. FINDINGS AND PURPOSES. 
"(a) FINDINGS.—The Congress finds and declares the following: 
"(1) Atlantic striped bass are of historic commercial and 
recreational importance and economic benefit to the Atlantic 
coastal States and to the Nation. 
"(2) No single government entity has full management 
authority throughout the range of the Atlantic striped bass. 
"(3) The population of Atlantic striped bass— 
"(A) has been subject to large fluctuations due to natu-
ral causes, fishing pressure, environmental pollution, loss 
and alteration of habitat, inadequacy of fisheries conserva-
tion and management practices, and other causes; and 
"(B) risks potential depletion in the future without 
effective monitoring and conservation and management 
measures. 
"(4) It is in the national interest to implement effective 
procedures and measures to provide for effective interjurisdic-
tional 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. 
PUBLIC LAW 105-146—DEC. 16, 1997 
111 STAT. 2673 
"SEC. 3. DEFINITIONS. 
"As used in this Act— 
"(1) the term 'Magnuson Act' means the Magnuson-Stevens 
Fishery Conservation and Management Act (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)(i). 
"(3) The term 'coastal waters' means— 
"(A) for each coastal State referred to in paragraph 
(4)(A)-
"(i) all waters, whether salt or fresh, of the coastal 
State shoreward of the baseline from which the 
territorial sea of the United States is measured; and 
"(ii) the waters of the coastal State seaward from 
the baseline referred to in clause (i) to the inner bound-
ary of the exclusive economic zone; 
"(B) for the District of Columbia, those waters within 
its jurisdiction; and 
"(C) for the Potomac River Fisheries Commission, those 
waters of the Potomac River within the boundaries 
established by the Potomac River Compact of 1958. 
"(4) The term 'coastal State' means— 
"(A) Pennsylvania and each State of the United States 
bordering on the Atlantic Ocean north of the State of 
South Carolina; 
"(B) the District of Columbia; and 
"(C) 
the 
Potomac 
River 
Fisheries 
Commission 
established by the Potomac River Compact of 1958. 
"(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 77-539 and 81-721. 
"(6) 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)). 
"(7) 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 activities 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 prepara-
tion 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. 
"(8) The term 'moratorium area' means the coastal waters 
with respect to which a declaration under section 5(a) applies. 
"(9) The term 'moratorium period' means the period begin-
ning on the day on which moratorium is declared under section 
5(a) regarding a coastal State and ending on the day on which 
the Commission notifies the Secretaries that that State has 
I l l STAT. 2674 
PUBLIC LAW 105-146—DEC. 16, 1997 
taken appropriate remedial action with respect to those matters 
that were the case of the moratorium being declared. 
"(10) The term 'Plan' means a plan for managing Atlantic 
striped bass, or an amendment to such plan, that is prepared 
and adopted by the Commission. 
"(11) The term 
'Secretary' means the Secretary of 
Commerce or a designee of the Secretary of Commerce. 
"(12) The term 'Secretaries' means the Secretary of 
Commerce and the Secretary of the Interior or their designees. 
"SEC. 4. MONITORING OF IMPLEMENTATION AND ENFORCEMENT BY 
COASTAL STATES. 
"(a) DETERMINATION.—During December of each fiscal year, 
and at any other time it deems necessary the Commission shall 
determine— 
"(1) whether each coastal State has adopted all regulatory 
measures necessary to fully implement the Pl£in in its coastal 
waters; and 
"(2) whether the enforcement of the Plan by each coastal 
State is satisfactory. 
"(b) SATISFACTORY STATE ENFORCEMENT.—For purposes of sub-
section (a)(2), 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 implementation 
of the Plan within the coastal waters of the State is being, or 
will likely be, substantially and adversely affected. 
"(c) NOTIFICATION OF SECRETARIES.—The Commission shall 
immediately notify the Secretaries of each negative determination 
made by it under subsection (a). 
"SEC. 5. MORATORIUM. 
"(a) SECRETARIAL ACTION AFTER NOTIFICATION.—Upon receiv-
ing notice from the Commission under section 4(c) of a negative 
determination regarding a coastal State, the Secretaries shall deter-
mine jointly, within 30 days, whether that coastal State is in 
compliance with the Plan and, if the State is not in compliance, 
the Secretaries shall declare jointly a moratorium on fishing for 
Atlantic striped bass within the coastal waters of that coastal 
State. In making such a determination, the Secretaries shall care-
fully consider and review the comments of the Commission and 
that coastal State in question. 
"(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 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 the course of commercial or rec-
reational fish catching activities, regardless of the physical 
condition of the striped bass when caught. 
"(c) CIVIL PENALTIES.— 
"(1) CIVIL PENALTY.—^Any person who commits any act 
that is unlawful under subsection (b) shall be liable to the 
PUBLIC LAW 105-146—DEC. 16, 1997 
111 STAT. 2675 
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 commission of any act that is unlawful under 
subsection (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 pursuant to the order of a 
court of competent jurisdiction, or, if perishable, in a 
manner prescribed in regulations. 
"(d) ENFORCEMENT.—A person authorized by the Secretaries 
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 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. 
"(e) REGULATIONS.—The Secretaries may issue regulations to 
implement this section. 
"SEC. 6. CONTINUING STUDIES OF STRIPED BASS POPULATIONS. 
"(a) IN GENERAL.—For the purposes of carrying out this Act, 
the Secretaries shall conduct continuing, comprehensive studies 
of Atlantic striped bass stocks. These studies shall include, but 
shall not be limited to, the following: 
"(1) Annual stock assessments, using fishery-dependent and 
fishery-independent data, for the purposes of extending the 
long-term population record generated by the annual striped 
bass study conducted 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 quality, land 
use, and other environmental factors on the recruitment, 
spawning potential, mortality, and abundance of Atlantic 
striped 
bass populations, including the 
Delaware 
River 
population. 
"(4) Investigations o
f
— 
"(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 competi-
tion on the recruitment, spawning potential mortality, and 
abundance of Atlantic striped bass. 
"(b) Socio-ECONOMIC STUDY.—The Secretaries, in consultation 
with with the Atlantic States Marine Fisheries Commission, shall 
conduct a study of the socio-economic benefits of the Atlantic striped 
bass resource. The Secretaries shall issue a report to the Congress Reports. 
I l l STAT. 2676 
PUBLIC LAW 105-146—DEC. 16, 1997 
concerning the findings of this study no later than September 
30, 1998. 
"(c) REPORTS.—The Secretaries shall make biennial reports to 
the Congress and to the Commission concerning the progress and 
findings of studies conducted under subsection (a) and shall make 
those reports public. Such reports shall, to the extent appropriate, 
contain recommendations of actions which could be taken to encour-
age the sustainable management of Atlantic striped bass. 
«SEC. 
7. 
AUTHORIZATION 
OF 
APPROPRIATIONS; 
COOPERATIVE 
AGREEMENTS. 
"(a) AUTHORIZATION.—For each of fiscal years 1998, 1999, and 
2000, there are authorized to be appropriated to carry out this 
Act— 
"(1) $800,000 to the Secretary of Commerce; and 
"(2) $250,000 to the Secretary of the Interior. 
"(b) COOPERATIVE AGREEMENTS.—The Secretaries may enter 
into cooperative agreements with the Atlantic States Marine Fish-
eries 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 MANAGEMENT 
PLANS AND AMENDMENTS. 
"(a) STANDARDS AND PROCEDURES.—In order to ensure the 
opportunity for public participation in the preparation of manage-
ment plans ana amendments to management plans for Atlantic 
striped bass, the Commission shall prepare such plans and amend-
ments in accordance with the standards and procedures established 
under section 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 Commission 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 ECONOMIC ZONE.— 
The Secretary shall promulgate regulations governing fishing for 
Atleuitic striped bass in the exclusive economic zone that the 
Secretary determines— 
"(1) are consistent with the national standards set forth 
in section 301 of the Magnuson Act (16 U.S.C. 1851); 
"(2) are compatible with the Plan and each Federal morato-
rium in effect on fishing for Atlantic striped bass within the 
coastal waters of a coastal State; 
"(3) ensure the effectiveness of State regulations on fishing 
for Atlantic striped bass within the coastal waters of a coastal 
State; eind 
"(4) are sufficient to assure the long-term conservation 
of Atlantic striped bass populations. 
"(b) CONSULTATION; PERIODIC REVIEW OF REGULATIONS.—In 
preparing regulations under subsection (a), the Secretary shall con-
sult with the Atlantic States Marine Fisheries Commission, the 
appropriate Regional Fishery Management Councils, and each 
affected Federal, State, and local government entity. The Secretary 
shall periodically review regulations promulgated under subsection 
PUBLIC LAW 105-146—DEC. 16, 1997 
111 STAT. 2677 
(a), and if necessary to ensure their continued consistency with 
the requirements of subsection (a), shall amend those regulations. 
"(c) APPLICABILITY OF MAGNUSON ACT PROVISIONS.—The provi-
sions of sections 307, 308, 309, 310, and 311 of the Magnuson 
Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) regarding prohib-
ited acts, civil penalties, criminal offenses, civil forfeitures, and 
enforcement shall apply with respect to regulations and any plan 
issued under subsection (a) of this section as if such regulations 
or plan were issued under the Magnuson Act.". 
SEC. 3. REPEALS. 
(a) ANADROMOUS FISH CONSERVATION ACT.—Section 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 appropriations to carry out 
the Atlantic Striped Bass Conservation 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 ECONOMIC ZONE.— 
Section 6 of the Act entitled "An Act to authorize appropriations 
to carry out the Atlantic Striped Bass Conservation Act for fiscal 
years 1989 through 1991, and for other purposes", approved Novem-
ber 3, 1988 (16 U.S.C. 1851 note; 102 Stat. 2986) is repealed. 
Approved December 16, 1997. 
L E G I S L A T I V E H I S T O R Y — H . R . 1658: 
HOUSE REPORTS: No. 105-169 (Comm. on Resources). 
SENATE REPORTS: Nos. 105-148 (Comm. on Commerce, Science, and Transpor-
tation) and 105-149 (Comm. on Environment and Public 
Works). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
July 8, considered and passed House. 
Nov. 10, considered and passed Senate, amended. 
Nov. 13, House concurred in Senate amendements.