[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1658 Enrolled Bill (ENR)]

        H.R.1658

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 An Act


 
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 Conservation 
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 Conservation 
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 natural 
        causes, fishing pressure, environmental pollution, loss and 
        alteration of habitat, inadequacy of fisheries conservation 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 
    interjurisdictional 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.

``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 boundary 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 preparation 
        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 beginning 
    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 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 Plan 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 subsection 
(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 receiving notice 
from the Commission under section 4(c) of a negative determination 
regarding a coastal State, the Secretaries shall determine 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 carefully 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 recreational 
    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 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 understanding 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 of--
            ``(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 competition 
        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 
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 encourage 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 Fisheries 
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 management plans and 
amendments to management plans for Atlantic striped bass, the 
Commission shall prepare such plans and amendments 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 Atlantic 
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 moratorium 
    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; and
        ``(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 consult 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 (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 provisions of 
sections 307, 308, 309, 310, and 311 of the Magnuson 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 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 November 3, 1988 (16 U.S.C. 
1851 note; 102 Stat. 2986) is repealed.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.