[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1309 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1309

  To provide for the conservation and management of Weakfish, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 29 (legislative day, June 30), 1993

   Mr. Roth introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To provide for the conservation and management of Weakfish, 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 ``Weakfish Conservation Act of 1993''.

SEC. 2. IMPROVED COOPERATIVE FISHERY MANAGEMENT PROGRAM FOR WEAKFISH.

    (a) Short Title.--Section 1 of the Atlantic Striped Bass 
Conservation Act (16 U.S.C. 1851 note) is amended by inserting ``and 
Weakfish'' after ``Bass''.
    (b) Findings and Purposes.--Section 2 of the Atlantic Striped Bass 
Conservation Act (16 U.S.C. 1851 note) is amended--
            (1) by inserting ``and weakfish'' after ``bass'' each place 
        it appears;
            (2) in paragraph (3)--
                    (A) by striking ``range of the Atlantic striped 
                bass,'' and inserting ``range of either Atlantic 
                striped bass or weakfish'', and
                    (B) by striking ``the species'' and inserting 
                ``these species''; and
            (3) in paragraph (4) by striking ``this species'' and 
        inserting ``these species''.
    (c) Definitions.--Section 3 of the Atlantic Striped Bass 
Conservation Act (16 U.S.C. 1851 note) is amended--
            (1) in paragraph (4) by striking subparagraph (A) and 
        inserting the following:
                    ``(A)(i) for purposes of section 4, Pennsylvania 
                and each State of the United States bordering on the 
                Atlantic Ocean north of the State of South Carolina; or
                    ``(ii) for purposes of section 8, Pennsylvania and 
                each State bordering on the Atlantic Ocean.'';
            (2) in paragraph (6) by inserting ``or weakfish'' after 
        ``bass'' each place it appears;
            (3) in paragraph (7) by inserting ``for Atlantic striped 
        bass'' after ``fishing''; and
            (4) by adding at the end the following:
            ``(10) The term `weakfish' means members of a stock or 
        population of the species Cynoscion regalis, commonly referred 
        to as `seatrout'.
            ``(11) The term `Weakfish Plan' means the Interstate 
        Fisheries Management Plan for Weakfish, dated October 1985, 
        prepared by the Commission, and all amendments thereto related 
        to fishing for weakfish that are formally adopted as an 
        amendment to the Weakfish Plan of October 1985.''.
    (d) Clarification of Existing Commission Functions.--Section 4 of 
the Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is 
amended--
            (1) by striking the heading for the section and inserting 
        the following:

``SEC. 4. ATLANTIC STRIPED BASS CONSERVATION.'';

            (2) in the heading for subsection (a) by inserting ``of 
        Striped Bass Plan'' after ``Enforcement''.
    (e) Improved Cooperation Among Coastal States for the Management of 
Weakfish.--Section 8 of the Atlantic Striped Bass Conservation Act (16 
U.S.C. 1851 note) is amended to read as follows:

``SEC. 8. WEAKFISH CONSERVATION.

    ``(a) Monitoring of Implementation and Enforcement of Weakfish 
Plan.--
            ``(1) Determination of implementation and enforcement.--By 
        January 1, 1994, and annually thereafter, and at any other time 
        that the Commission considers it necessary, the Commission 
        shall determine whether--
                    ``(A) each coastal State has adopted all regulatory 
                measures necessary to fully implement the Weakfish Plan 
                in its coastal waters; and
                    ``(B) the enforcement of the Weakfish Plan by each 
                such coastal State is satisfactory.
            ``(2) Consultation.--If a fishery management plan for 
        weakfish is in effect under title III of the Magnuson Act, the 
        Commission shall consult with the regional fishery management 
        councils which prepared such plan in making a determination 
        under paragraph (1)(A).
            ``(3) Satisfactory enforcement.--Enforcement by a coastal 
        State shall not be considered satisfactory by the Commission 
        for purposes of paragraph (1)(B) if the Commission determines 
        that the enforcement is being carried out in such a manner that 
        the implementation of the Weakfish Plan within the coastal 
        waters of that coastal State is being, or will likely be, 
        substantially or adversely affected.
            ``(4) Notification of secretary.--The Commission shall 
        immediately notify the Secretaries of each negative 
        determination made by it under paragraph (1).
    ``(b) Secretarial Action After Notification.--
             ``(1) In general.--Within 30 days after notification from 
        the Commission under subsection (a)(4) that a coastal State has 
        not taken the action described in paragraph (1) of that 
        subsection, the Secretaries--
                    ``(A) shall determine jointly whether the coastal 
                State is in compliance with the Weakfish Plan; and
                    ``(B) declare jointly a moratorium on fishing for 
                weakfish in the coastal waters of the coastal State, if 
                they determine that the State is not in compliance with 
                the Weakfish Plan.
            ``(2) Considerations.--In making determinations under 
        paragraph (1)(A) for a coastal State, the Secretaries shall 
        carefully consider and review the comments of--
                    ``(A) the Commission;
                    ``(B) the appropriate regional fishery management 
                councils under the Magnuson Act; and
                    ``(C) the coastal State.''.
    (f) Moratorium.--Section 5 of the Atlantic Striped Bass 
Conservation Act (16 U.S.C. 1851 note) is amended--
            (1) in subsection (a)(1) by inserting ``or section 8(b)'' 
        after ``(4)(b)''; and
            (2) in subsection (a)(2)--
                    (A) by inserting ``a'' before ``moratorium'' the 
                second place it appears; and
                    (B) by inserting ``or section 8(b)'' after 
                ``4(b)'';
            (3) in subsection (b)(1)--
                    (A) by inserting ``for the fishery resource that is 
                subject to the moratorium'' after ``fishing''; and
                    (B) by striking ``the'' and inserting ``(a)'';
            (4) in subsection (b)(2) by inserting ``or weakfish'' after 
        ``bass'';
            (5) in subsection (b)(3)--
                    (A) by inserting ``or weakfish'' after ``bass''; 
                and
                    (B) by inserting ``or section 8(b), respectively,'' 
                after ``4(b)'';
            (6) in subsection (b)(4)--
                    (A) by inserting ``or Weakfish'' after ``bass'' 
                each place it appears; and
                    (B) by striking ``the'' the second place it appears 
                and inserting ``(a)'';
            (7) in subsection (d)(2) by inserting a close parenthesis 
        after ``1806(c)-(e)'';
            (8) in subsection (e)(1)--
                    (A) by inserting after ``(1)'' the following: ``In 
                general.--'';
                    (B) by moving paragraph (1) down so as to begin on 
                the line below the heading for subsection (e);
                    (C) by moving paragraph (1) 2 ems to the right, so 
                that the left margin of the paragraph is aligned with 
                the left margins of paragraphs (2) and (3); and
                    (D) by inserting ``or section 8(b)'' after 
                ``4(b)''; and
            (9) in subsection (e)(2) by inserting ``or section 8(b)'' 
        after ``4(b)''.
    (g) Conforming Amendments.--The Atlantic Striped Bass Conservation 
Act (16 U.S.C. 1851 note) is amended by striking ``Plan'' each place it 
appears and inserting ``Striped Bass Plan''.
    (h) Effective Date.--Notwithstanding section 9 of the Atlantic 
Striped Bass Conservation Act, section 8 of such Act, as amended by 
this Act, shall take effect on the date of the enactment of this Act.

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