[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2134 Engrossed in House (EH)]

103d CONGRESS

  1st Session

                               H. R. 2134

_______________________________________________________________________

                                 AN ACT

   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.






103d CONGRESS
  1st Session
                                H. R. 2134

_______________________________________________________________________

                                 AN ACT


 
   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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Atlantic Coastal Fisheries 
Cooperative Management Act of 1993''.

SEC. 2. STATE-FEDERAL COOPERATION IN ATLANTIC COASTAL FISHERIES 
              MANAGEMENT.

    (a) Federal Support for State Coastal Fisheries Programs.--The 
Secretaries shall develop and implement a program to support the 
fisheries management programs of the Commission. The program shall 
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 an Atlantic Ocean Fishery 
Covered by an Interstate Fishery Management Plan.--
            (1) In general.--The Secretary, after consultation with the 
        Councils having jurisdiction over fisheries to which an 
        interstate fishery management plan applies, may prescribe 
        regulations to govern fishing in the exclusive economic zone 
        that are necessary to support the effective implementation of 
        the interstate fishery management plan adopted for a fishery 
        for which no Federal fishery management plan is in effect. 
        These regulations may include measures recommended by the 
        Commission that are necessary to support the provisions of the 
        interstate fishery management plan for that fishery.
            (2) Superseding regulations.--Regulations issued by the 
        Secretary to implement a Federal fishery management plan for a 
        fishery shall supersede 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 Fishery Conservation and 
        Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) 
        regarding prohibited acts, civil penalties, criminal offenses, 
        civil forfeitures, and enforcement shall apply with respect to 
        regulations prescribed under this section.

SEC. 3. ADOPTION AND IMPLEMENTATION OF INTERSTATE FISHERY MANAGEMENT 
              PLANS.

    (a) Adoption of Plans.--
            (1) In general.--The Commission shall prepare and adopt 
        fishery management plans or amendments 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 amendment, the Commission shall consult with the appropriate 
        Councils to determine ways Federal fishery management plans and 
        interstate fishery management plans may complement each other.
            (3) Contents.--Each fishery management plan or amendment 
        prepared under this subsection shall--
                    (A) contain information regarding the status 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 comply with the plan or amendment; and
                    (D) recommend actions for the Secretary to take in 
                the exclusive economic zone to conserve 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 pursuant 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 States to implement and 
                enforce of interstate fishery management plans adopted 
                by the Commission before the date of the enactment of 
                this Act. The schedule shall require each State with a 
                declared interest in a plan to implement and enforce 
                that plan within 1 year after the date of the enactment 
                of this Act.
            (5) Adoption of standards and procedures for the 
        preparation of interstate fishery management plans.--Within 1 
        year after the date of enactment of this Act, the Commission 
        shall establish standards and procedures to govern the 
        preparation of interstate fishery management plans under this 
        Act, including standards and procedures to ensure that--
                    (A) such plans promote the conservation of fish 
                stocks throughout their ranges and are based on the 
                best scientific information available, and
                    (B) the Commission provides adequate opportunity 
                for public participation in the plan preparation 
                process.''.
    (b) Commission Monitoring of State Implementation and 
Enforcement.--Within 1 year after the date of the enactment of this Act 
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 review to the 
        Secretaries.

SEC. 4. STATE NONCOMPLIANCE WITH INTERSTATE FISHERY MANAGEMENT PLANS.

    (a) Determination.--The Commission shall determine that a State is 
not in compliance with an interstate fishery management plan if it 
finds that the State has not implemented and enforced the plan within 
the period established under section 3(a)(4).
    (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 notify the Secretaries of that 
determination within 10 working days. The notification shall include 
the reasons for making the determination and specify an explicit list 
of actions that the affected State must take to comply with the 
interstate fishery management plan. The Commission shall provide a copy 
of the notification to the State.
    (c) Monitoring; Withdrawal of Determination.--After making a 
determination under subsection (a) regarding a State, the Commission 
shall continue to monitor implementation and enforcement of the plan by 
the State. On finding that a State has taken all actions specified in 
the notification issued under subsection (b), the Commission shall 
promptly notify the Secretaries that the State is in compliance.

SEC. 5. SECRETARIAL ACTION.

    (a) Secretarial Review of Commission Determination of 
Noncompliance.--Within 30 days after receiving a notification regarding 
a State from the Commission under section 4(b), the Secretary, in 
consultation with the Secretary of the Interior, shall review the 
Commission's determination of noncompliance and determine whether--
            (1) the State has failed to implement and enforce the 
        interstate fishery management plan in question;
            (2) the measures which the State has failed to implement 
        and enforce are necessary to conserve and manage the fishery in 
        question; and
            (3) in the case of an interstate fishery management plan 
        adopted after January 1, 1995, the plan in question was 
        prepared under the standards and procedures required to be 
        established by the Commission under section 3(a)(5).
    (b) Comments.--In making a determination under subsection (a), the 
Secretary shall--
            (1) give careful consideration to the comments of the State 
        that the Commission has determined under section 4(a) is not in 
        compliance with an interstate fishery management plan, and 
        provide that State, upon request, the opportunity to meet with 
        and present its comments directly to the Secretary; and
            (2) solicit, review, and consider the comments of the 
        Commission and the appropriate councils.
    (c) Declaration of Moratorium.--On determining under subsection (a) 
that a State has failed to implement 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. 
The Secretary shall establish the effective date of the moratorium to 
commence at any time within 6 months following the declaration.
    (d) Suspension of Moratorium.--On notification by the Commission 
under section 4(c) that a State is in compliance with an interstate 
fishery management plan, the Secretary shall terminate the moratorium 
declared under subsection (c) affecting fish species covered by that 
plan.
    (e) Regulations.--
            (1) In general.--The Secretary shall prescribe regulations 
        necessary to implement this Act.
            (2) Content.--These regulations--
                    (A) may provide for the possession and use of fish 
                which have been produced in an aquaculture operation, 
                subject to applicable State regulations; and
                    (B) shall allow for the retention of fish that are 
                subject to a moratorium declared under subsection (c) 
                and unavoidably taken as incidental catch in fisheries 
                directed toward menhaden, if--
                            (i) discarding the retained fish is 
                        impracticable;
                            (ii) the retained fish do not constitute a 
                        significant portion of the catch of the vessel; 
                        and
                            (iii) the retention of the fish will not, 
                        in the judgment of the Secretary, adversely 
                        affect the conservation of the species of fish 
                        retained.
    (f) Prohibited Acts During Moratorium.--During a moratorium a 
person may not--
            (1) engage in fishing for a species of fish subject to a 
        moratorium within waters of the State 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 promulgated under this Act;
            (3) fail to return to the water immediately, with a minimum 
        of injury, any fish subject to a moratorium taken in waters of 
        a State under a moratorium incidental to fishing for species 
        other than those to which the moratorium applies, except as 
        provided by regulations prescribed under subsection (e);
            (4) land, within a State that is subject to a moratorium, 
        any fish subject to a moratorium, regardless of where it was 
        caught;
            (5) refuse to permit an authorized officer to board a 
        fishing vessel to conduct a search or inspection in connection 
        with the enforcement of this Act;
            (6) forcibly assault, resist, oppose, impede, intimidate, 
        or interfere with an authorized officer attempting to conduct a 
        search or inspection under this Act;
            (7) resist a lawful arrest for an act prohibited by this 
        section;
            (8) ship, transport, offer for sale, sell, purchase, 
        import, or have custody, control, or possession of, fish taken 
        or possessed in violation of this Act; or
            (9) interfere with, delay, or prevent, by any means, the 
        apprehension or arrest of a person, knowing that person has 
        committed any act prohibited by this section.
    (g) Penalties.--
            (1) Civil penalty.--A person violating 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 apply to persons assessed a 
        penalty under this paragraph.
            (2) Criminal penalties.--A person violating subsection 
        (f)(5), (6), (7), or (9) is guilty of an offense punishable 
        under subsections (a)(1) and (b) of section 309 of the Magnuson 
        Fishery Conservation and Management Act (16 U.S.C. 1859).
    (h) Civil Forfeitures.--
            (1) Forfeiture.--A vessel (including its gear, equipment, 
        appurtenances, stores, and cargo) used in connection with an 
        act unlawful under subsection (f), 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 an act 
        prohibited 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 pursuant to this Act 
        may be disposed of under an order of a court of competent 
        jurisdiction or, if perishable, in a manner provided by 
        regulation prescribed 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, use 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 respective responsibilities under 
this Act, including--
            (1) the preparation, implementation, and enforcement of 
        interstate fishery management plans; and
            (2) State activities that are specifically required in 
        interstate fishery management plans.

SEC. 7. DEFINITIONS.

    For the purposes of this Act, the term--
            (1) ``coastal fishery resource'' means any 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 waters of the exclusive 
                economic zone;
            (2) ``Commission'' means the Atlantic States Marine 
        Fisheries Commission constituted under the interstate compact 
        consented 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'' means the Regional Fishery Management 
        Councils established 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'' means that portion in the 
        Atlantic Ocean of the exclusive economic zone established by 
        Presidential Proclamation Number 5030, dated March 10, 1983;
            (5) ``Federal Fishery management plan'' means a fishery 
        management plan prepared by a Council or the Secretary under 
        the Magnuson Fishery Conservation and Management Act (16 U.S.C. 
        1801 et seq.);
            (6) ``fish'' means finfish, mollusks, crustaceans, and all 
        other forms of marine animal life other than marine mammals and 
        birds;
            (7) ``fishery'' has the meaning given that term in section 
        3 of the Magnuson Fishery Conservation and Management Act (16 
        U.S.C. 1802);
            (8) ``fishing'' has the meaning given that term in section 
        3 of the Magnuson Fishery Conservation and Management Act (16 
        U.S.C. 1802);
            (9) ``implement and enforce'' means the enactment or 
        adoption laws, regulations, or rules as required to--
                    (A) comply with the provisions of an interstate 
                fishery management plan; and
                    (B) assure compliance with such laws, regulations, 
                or rules by persons participating in a fishery that is 
                subject to such plans;
            (10) ``interstate fishery management plan'' means--
                    (A) a fishery management plan or amendment adopted 
                by the Commission under section 3; or
                    (B) a fishery management plan or amendment for 
                managing a coastal fishery resource adopted by the 
                Commission before the date of the enactment of this 
                Act;
            (11) ``Secretaries'' means the Secretary of Commerce and 
        the Secretary of the Interior;
            (12) ``Secretary'' means the Secretary of Commerce; and
            (13) ``State'' means each of Maine, New Hampshire, 
        Massachusetts, Rhode Island, Connecticut, New York, New Jersey, 
        Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 
        South Carolina, Georgia, Florida, the District of Columbia, and 
        the Potomac River Fisheries Commission.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretaries for the 
purposes of carrying out the provisions of this Act $2,000,000 for each 
of the fiscal years 1994, 1995, and 1996.

            Passed the House of Representatives August 2, 1993.

            Attest:






                                                                 Clerk.

HR 2134 EH----2