A bill to authorize appropriations to carry out the Atlantic Striped Bass Conservation Act for fiscal years 1989 through 1991, and for other purposes.
PL 100-589 (H.R.4124), enacted 11/03/1988

102 STAT. 2984 
PUBLIC LAW 100-589—NOV. 3, 1988 
Public Law 100-589 
100th Congress 
An Act 
Nov. 3, 1988 
To authorize appropriations to carry out the Atlantic Striped Bass Conservation Act 
[H.R. 4124] 
for fiscal years 1989 through 1991, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
16 u s e 1851 
SECTION 1. AUTHORIZATION OF APPROPRIATIONS. 
Section 7 of the Atlantic Striped Bass Conservation Act (16 U.S.C. 
1851) is amended by striking "and 1988," and inserting in lieu 
thereof "1988,1989,1990, and 1991,". 
16 u s e 1851 
SEC. 2. EFFECTIVE PERIOD. 
Section 9 of the Atlantic Striped Bass Conservation Act (16 U.S.C. 
1851) is amended by striking "1988." and inserting in lieu thereof 
"1991.". 
SEC. 3. FUNDING OF STRIPED BASS STUDIES. 
Section 7(d) of the Anadramous Fish Conservation Act (16 U.S.C. 
757g(d)) is amended by striking "the fiscal year ending Septem-
ber 30, 1980," and all that follows through '^September 30, 1988" 
and inserting in lieu thereof "each of the fiscal years 1988, 1989, 
1990, and 1991". 
SEC. 4. COMMISSION FUNCTIONS. 
Section 4(a)(1) of the Atlantic Striped Bass Conservation Act 
(16 U.S.C. 1851 note) is amended by inserting "and at any other time 
it deems necessary," immediately after "thereafter,". 
16 use 1851 
SEC. 5. STUDY OF STRIPED BASS IN ALBEMARLE SOUND AND ROANOKE 
note 
RIVER BASIN. 
(a) FINDINGS.—The Congress finds that: 
(1) The anadromous stock of striped bass in the Albemarle 
Sound-Roanoke River Basin area of North Carolina sustained 
important commercial and recreational fisheries as recently as 
the 1960's and 1970's. 
(2) This stock has been declining for some time and is severely 
depressed at present, and may soon reach a level from which 
recovery will be exceptionally difficult. 
(3) The reasons for this decline are thought to include fishing; 
other human activities and environmental factors, such as un-
suitable water flow before, during, and after critical spawning 
periods; degradation of water quality by pollutants; the impact 
of eutrophication on the food chain, and the impact of changing 
land use activities. 
(4) Current Federal and interstate efforts to conserve the 
Atlantic striped bass, while effective in identifying factors 
contributing to the decline of other important Atlantic coastal 
migratory stocks of striped bass and steps that will be effective 
in reversing that decline, have not made a major contribution to 
PUBLIC LAW 100-589—NOV. 3, 1988 
102 STAT. 2985 
the protection and restoration of the Albemarle Sound-Roanoke 
River stock of striped bass. 
(5) Because the striped bass and the aquatic environment of 
the Albemarle Sound-Roanoke River basin presently are being 
significantly affected by combined but not fully understood 
causes, a study should be undertaken to obtain additional bio-
logical information to understand the significance of fishing, 
water flows, and other factors in the decline of the striped bass 
populations in the Albemarle Sound-Roanoke River basin and, 
if feasible, develop an effective course of action for restoring 
these important stocks of striped bass, 
(b) STUDY.— 
(1) IN GENERAL.—The Director of the United States Fish and 
Wildlife Service, in consultation with the Assistant Adminis-
trator for Fisheries of the National Oceanic and Atmospheric 
Administration shall— 
(A) immediately undertake a biological study of the 
striped bass fishery resources and habitats of the Albemarle 
Sound-Roanoke River basin area; 
(B) develop short-term and long-term recommendations 
for Federal and State government agencies for restoring 
and conserving such resources and habitats; and 
(C) submit the results of such study and such rec-
ommendations to the Congress and to the States of North 
Carolina and Virginia as soon as practicable, but not later 
than 36 months after the date of the enactment of this Act. 
(2) CONTENTS OF THE STUDY.—The study conducted under this 
subsection shall, to the extent existing data are adequate, use 
such existing data and shall include— 
(A) a description of the Albemarle Sound-Roanoke River 
basin area, and an investigation and analysis of the effects 
of land and water use practices on the striped bass popu-
lation and habitats of the area; 
(B) an investigation and analysis of the abundance and 
age and geographic distribution of the Albemarle Sound-
Roanoke River stock of striped bass, including the amount 
and geographical location of migration and spawning 
habitat; 
(C) an investigation and analysis of factors that may 
affect the abundance and age and geographic distribution of 
the Albemarle Sound-Roanoke River stock of striped bass, 
including— 
(i) the extent and causes of mortality at successive 
stages in the life cycle of striped bass, including mortal-
ity due to recreational and commercial fishing; and 
(ii) the combined effects of pollution and other natu-
ral and human alterations of the physical environment, 
including the effects of water withdrawals, discharges, 
and flows, on striped bass migration and spawning and 
on the viability and condition of eggs and larval fish; 
(D) an investigation and analysis of the status and 
effectiveness of current striped bass management measures 
implemented by State and Federal authorities, including 
State fishing regulations and Federal fish stocking activi-
ties, reservoir management and water flow regulation, and 
an analysis of whether any additional State or Federal 
measures would be effective in halting the decline and 
North Carolina. 
Virginia. 
102 STAT. 2986 
PUBLIC LAW 100-589—NOV. 3, 1988 
initiating the recovery of the Albemarle Sound-Roanoke 
River stock of striped bass; and 
(E) a recommendation of whether conservation of the 
Albermarle Sound-Roanoke River stocks of striped bass 
could be improved by management of these stocks under 
the provisions of the Atlantic States Marine Fisheries 
Commission's Interstate Fisheries Management Plan for 
Striped Bass and the Atlantic Striped Bass Conservation 
Act. 
(c) PARTICIPATION BY STATE AGENCIES.— 
(1) The Director of the North Carolina Division of Marine 
Fisheries, the Executive Director of the North Carolina Wildlife 
Resources Commission, the Secretary of the Virginia Depart-
ment of Natural Resources, and the District Engineer for the 
Wilmington District of the United States Army Corps of Engi-
neers shall be invited to have their agencies participate in 
conducting the study and developing recommendations pursu-
ant to subsection (b). 
(2) To facilitate participation by the agencies referred to in 
paragraph (1), should they decide to participate, a Memorandum 
of Understanding will be executed with such officials setting 
forth the respective responsibilities of the entities involved in 
conducting the study and developing those recommenuations. 
(d) CONSULTATION.—In carrying out the study under subsection (b), 
the Atlantic States Marine Fisheries Commission, other Federal 
agencies, the Albermarle-Pamlico Estuarine Study, Dominion Re-
sources, Inc./Virginia Power/North Carolina Power, affected local 
governments in North Carolina and Virginia, appropriate commer-
cial and recreational fishing interests, and other interests shall be 
consulted, to the maximum extent practicable. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated the sum of $1,000,000 to carry out the requirements of 
this section. These appropriations will remain available until 
expended. 
(f) STATE AUTHORITY.—Nothing in this section shall be construed 
as authorizing any State to manage fisheries within the jurisdiction 
of another State. 
(g) RESTRICTION ON USE OF OTHER FUNDS.—Amounts appropriated 
pursuant to the authorization contained in section 7(d) of the Anad-
romous Fish Conservation Act (16 U.S.C. 757g(d)) shall not be used to 
carry out this section. 
16 u s e 1851 
SEC. 6. PROTECTION OF STRIPED BASS IN THE EXCLUSIVE ECONOMIC 
note. 
ZONE. 
(a) REGULATION OF FISHING IN EXCLUSIVE ECONOMIC ZONE.—The 
Secretary of Commerce shall promulgate regulations governing the 
fishing for Atlantic striped bass in the exclusive economic zone that 
the Secretary determines to be consistent with the national stand-
ards set forth in section 301 of the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1851) and necessary and appro-
priate to— 
(1) ensure the effectiveness of State regulations or a Federal 
moratorium on fishing for Atlantic striped bass within the 
coastal waters of a coastal State; and 
(2) achieve conservation and management goals for the Atlan-
tic striped bass resource. 
PUBLIC LAW 100-589—NOV. 3, 1988 
102 STAT. 2987 
Ob) CONSULTATION; PERIODIC REVIEW OF REGULATIONS.—In prepar- State and 
ing regulations under subsection (a), the Secretary shall consult ^ocal 
with the Atlantic States Marine Fisheries Commission, the appro- eovemments. 
priate Regional Fishery Management Councils, and each affected 
Federal, State, and local government entity. The Secretary shall 
periodically review regulations promulgated under subsection (a), 
and if necessary to ensure their continued consistency with the 
requirements of subsection (a), shall amend those regulations. 
(c) FISHERY MANAGEMENT PLAN ON STRIPED BASS.— 
(1) The appropriate Regional Fishery Management Councils 
may prepare a fishery management plan on Atlantic striped 
bass, which if approved and implemented by the Secretary shall 
supersede any regulations promulgated under subsection (a). 
Such plan shall— 
(A) meet the requirements of sections 301 and 303 of the 
Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1851 and 1853); 
(B) apply to all fishing for Atlantic striped bass within the 
exclusive economic zone; and 
(C) ensure the effectiveness of the Plan of the Atlantic 
States Marine Fisheries Commission defined under section 
3(7) of the Atlantic Striped Bass Conservation Act (16 U.S.C. 
1851 note). 
(2) The Secretary shall review such fishery management plan 
pursuant to section 304 of the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1854) and shall approve the 
plan if it meets the requirements of paragraph (1) and other 
provisions of this section. The Secretary shall implement the 
plan by promulgating regulations in accordance with section 
305 of the Magnuson Fishery Conservation and Management 
Act (16 U.S.C. 1855). No regulation promulgated under subsec-
tion (a) shall have force and effect during any period in which 
regulations implementing such plan are in effect. 
(d) APPLICABILITY OF MAGNUSON ACT PROVISIONS.—The provisions 
of sections 307, 308, 309, 310, and 311 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1857, 1858, 1859, 1860, 
and 1861) regarding prohibited acts, civil penalties, criminal of-
fenses, civil forfeitures, and enforcement shall apply with respect to 
regulations and any plan issued under subsection (a) or (c) of this 
section as if such regulations or plan were issued under the Magnu-
son Fishery Conservation and Management Act. 
(e) DEFINITION.—As used in this section, the term "exclusive 
economic zone" has the meaning given such term in section 3(6) of 
the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1802(6)). 
(f) EFFECTIVE PERIOD.—Subsections (a) through (e) of this section 
shall cease to have force and effect at the close of September 30, 
1991. 
(g) CONFORMING AMENDMENTS.— 
(1) Paragraph (1) of section 3 of the Atlantic Striped Bass 
Conservation Act (16 U.S.C. 1851 note) is amended to read as 
follows: 
"(1) The term 'Magnuson Act' means the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).". 
102 STAT. 2988 
PUBLIC LAW 100-589—NOV. 3, 1988 
16 use 1851 
(2) Section 5 of such Act is amended by striking "Act of 1976" 
note. 
each place it appears and inserting in lieu thereof "Magnuson 
Act". 
Approved November 3, 1988. 
LEGISLATIVE HISTORY—H.R. 4124 (S. 2384): 
HOUSE REPORTS: No. 100-766 (Ckimm. on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 100-558 accompanying S. 2384 (Comm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
July 26, considered and passed House. 
Oct. 14, considered and passed Senate, amended, in lieu of S. 2384. 
Oct. 19, House concurred in Senate amendment. 
o