[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 393 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 393

 To prohibit the commercial harvesting of Atlantic striped bass in the 
            coastal waters and the exclusive economic zone.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

  Mr. Pallone (for himself, Mr. Saxton, and Mr. Shays) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To prohibit the commercial harvesting of Atlantic striped bass in the 
            coastal waters and the exclusive economic zone.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

    As used in this Act, the terms ``Magnuson Act'', ``Atlantic striped 
bass'', and ``coastal waters'' have the same meanings that are given 
such terms in section 2 of the Atlantic Striped Bass Conservation Act 
(16 U.S.C. 1851 note).

SEC. 2. PROHIBITION ON COMMERCIAL HARVESTING OF ATLANTIC STRIPED BASS.

    (a) Prohibition.--It is unlawful to engage in, or to attempt to 
engage in, the commercial harvesting of Atlantic striped bass in the 
coastal waters or in the exclusive economic zone established by 
Proclamation Numbered 5030, dated March 10, 1983.
    (b) Penalties.--(1) Any person who is found by the Secretary of 
Commerce 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 (a), is liable to the United 
States for a civil penalty. The amount of the civil penalty may not 
exceed $1,000 for each violation. Each day of continuing violation 
constitutes a separate offense. The amount of the civil penalty shall 
be assessed by the Secretary of Commerce by written notice. In 
determining the amount of the penalty, the Secretary of Commerce shall 
take into account the nature, circumstances, extent, and gravity of the 
prohibited act committed and, with respect to the violator, the degree 
of culpability, any history of prior violations, ability to pay, and 
such other matters as justice may require.
    (2) Subsections (b) through (e) of section 308 of the Magnuson Act 
(16 U.S.C. 1858(b)-(e); relating to review of civil penalties; acting 
upon failure to pay assessment, compromise, and subpoenas) 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.
    (c) Civil Forfeitures.--(1) 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 the result of, the commission of any act that is 
unlawful under subsection (a), is 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 Magnuson Act 
(16 U.S.C. 1860(c)-(e); relating to judgment, procedure, and rebuttable 
presumptions) apply with respect to proceedings for forfeiture 
commenced 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.

SEC. 3. CONSEQUENTIAL EFFECTS ON EXISTING LAW.

    (a) Commission Action.--The Atlantic States Marine Fisheries 
Commission shall promptly take action to amend the Interstate Fisheries 
Management Plan for Striped Bass, dated October 1, 1981, to take into 
account the prohibition established under section 2 on the commercial 
harvesting of Atlantic striped bass in coastal waters.
    (b) Striped Bass Study.--The Director of the United States Fish and 
Wildlife Service shall adjust the scope of the study required under 
section 5 of Public Law 100-589 (16 U.S.C. 1851 note) to reflect the 
prohibition established under section 2 on the commercial harvesting of 
Atlantic striped bass.
    (c) Repeal of Provisions Regulating Fishing for Atlantic Striped 
Bass in the Exclusive Economic Zone.--Section 6 of Public Law 100-589 
(16 U.S.C. 1851 note) is repealed.

                                 <all>