[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2889 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2889

To direct the Secretary of Commerce to conduct a study of existing and 
   new fishery observer data to effectively map migratory patterns, 
delineate wintering areas and feeding grounds of Atlantic Striped Bass 
  in the Mid-Atlantic exclusive economic zone, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2003

  Mr. Saxton introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Commerce to conduct a study of existing and 
   new fishery observer data to effectively map migratory patterns, 
delineate wintering areas and feeding grounds of Atlantic Striped Bass 
  in the Mid-Atlantic exclusive economic zone, 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 Striped Bass Protection Act 
of 2003''.

SEC. 2. PURPOSES.

    The purposes of this Act are the following:
            (1) To establish measures to minimize bycatch and the 
        mortality of such bycatch of Atlantic Striped Bass, Morone 
        saxatilis, occurring in the non-directed fisheries that operate 
        in the Mid-Atlantic exclusive economic zone and encounter 
        Atlantic Striped Bass during seasonal migrations.
            (2) To direct the Secretary of Commerce to conduct a study 
        of existing and new fishery observer data, to effectively map 
        migratory patterns, delineate wintering areas, and feeding 
        grounds of Atlantic Striped Bass in the Mid-Atlantic exclusive 
        economic zone.
            (3) To delineate areas of highest Atlantic Striped Bass 
        discard and bycatch associated with mobile net gear on a 
        seasonal-, spatial-, temporal-, and gear-specific basis in the 
        waters off the Mid-Atlantic coast of the United States.
            (4) To identify, through analysis of historical and 
        forthcoming at sea observer data, gear types, and fisheries 
        that experience high levels of Atlantic Striped Bass discard 
        and bycatch.
            (5) To protect the historical opportunities of the 
        recreational Atlantic Striped Bass fishery, to protect the 
        various businesses and economic niches that are wholly or 
        partly dependent upon the recreational Atlantic Striped Bass 
        fishery, to protect the seasonal aggregations of Atlantic 
        Striped Bass that occur on wintering feeding grounds, to 
        protect the seasonal migrations of Atlantic Striped Bass that 
        occur in the Mid-Atlantic exclusive economic zone, to amass an 
        understanding of the bycatch of Atlantic Striped Bass in the 
        non-directed commercial fisheries.
            (6) To protect the historical opportunities of the 
        recreational Striped Bass fishery to ensure the maintenance of 
        the Atlantic Striped Bass stock and will help achieve the 
        conservation goals.

SEC. 3. FINDINGS.

    The Congress finds the following:
            (1) Once primarily a coastal, near shore fishery, 
        increasing numbers of Atlantic Striped Bass are occupying the 
        Mid-Atlantic exclusive economic zone as management measures 
        have rebuilt stock levels to unprecedented levels.
            (2) Variations in weather and oceanographic patterns have 
        allowed Atlantic Striped Bass to expand their range farther 
        offshore into the Mid-Atlantic exclusive economic zone.
            (3) Extensive coastal migrations of Atlantic Striped Bass, 
        which tend to be age- and sex-dependent, occur annually in the 
        Mid-Atlantic exclusive economic zone.
            (4) Atlantic Striped Bass also aggregate on bottom features 
        that tend to hold forage fish, including herring, mackerel, 
        menhaden, and utilize these areas as winter-feeding grounds.
            (5) These life history characteristics make large numbers 
        of Atlantic Striped Bass vulnerable to commercial fishing gear.
            (6) Commercial fishing efforts coinciding with coastal 
        migrations of Atlantic Striped Bass and that occur on winter-
        feeding grounds is creating a bycatch problem.
            (7) A Federal moratorium on harvesting of Atlantic Striped 
        Bass in the Mid-Atlantic exclusive economic zone was 
        implemented in 1990 and it imposed possession and harvest 
        prohibitions by both recreational and commercial fishermen. 
        This conservation measure contributed to the eventual recovery 
        of the Atlantic Striped Bass stock and continues to keep 
        Atlantic Striped Bass fishing mortality rate below the 
        applicable target. Yet the bycatch problem in the Mid-Atlantic 
        exclusive economic zone by the non-directed fisheries is having 
        a negative effect on these benefits and further is in violation 
        of the national standard set forth in section 301(a)(9) of the 
        Magnuson-Stevens Fishery Conservation and Management Act.
            (8) As the bycatch of Atlantic Striped Bass increases, it 
        may increase the fishing mortality rate of Atlantic Striped 
        Bass above the 0.30 target as dictated in Amendment 6 of the 
        Interstate Fishery Management Plan for Atlantic Striped Bass. 
        Provisions in Amendment 6 further attempt to increase the 
        number of larger Atlantic Striped Bass in the population and 
        develop a fuller age structure. Preliminary reports indicate 
        that the growing stock of Atlantic Striped Bass in the Mid-
        Atlantic exclusive economic zone is largely composed of older 
        fish, which would compromise the conservation goals of 
        Amendment 6 which attempts to increase the percentage of the 
        larger Atlantic Striped Bass. This Act will initiate data 
        collection to better understand this issue and move forward 
        with the necessary management measures.

SEC. 4. STUDY OF ATLANTIC STRIPED BASS IN THE MID-ATLANTIC EXCLUSIVE 
              ECONOMIC ZONE.

    (a) In General.--The Secretary of Commerce shall conduct a study--
            (1) to use data gathered by observers on fishing vessels to 
        effectively map migratory patterns, wintering areas, and 
        feeding grounds of Atlantic Striped Bass in the waters of the 
        Mid-Atlantic exclusive economic zone--
                    (A) including--
                            (i) data from observer trip records from 
                        1992 through 2002; and
                            (ii) data regarding fisheries using 
                        anchored sink gillnets, drift sink gillnets, 
                        small mesh trawls, large mesh trawls, mid-water 
                        trawls, and pair trawls; and
                    (B) paying particular attention to trips targeting 
                monkfish, herring, mackerel, spiny dogfish, weakfish, 
                croaker, summer flounder, and loligo;
            (2) use data referred to in paragraph (1) to--
                    (A) identify and map, on a spatial and temporal 
                scale, locations in which deployed gear caught or 
                discarded Atlantic Striped Bass in excess of 10 percent 
                of the target species landed on that trip; and
                    (B) identify gear types that result in catch or 
                discard of bycatch of Atlantic Striped Bass in excess 
                of 10 percent of the total of target species landed;
            (3) confirm data referred to in paragraph (1), using 
        observers on--
                    (A) fishing vessels operating in areas and during 
                times identified under paragraph (2)(A); and
                    (B) fishing vessels using gear identified under 
                paragraph (2)(B).
    (b) Report.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        Congress a report on the findings and conclusions of the study 
        under this section.
            (2) Contents.--The report shall include the following:
                    (A) The months of the year during which Atlantic 
                Striped Bass are most abundant in the Mid-Atlantic 
                exclusive economic zone.
                    (B) The areas in the Mid-Atlantic exclusive 
                economic zone that are wintering grounds for Atlantic 
                Striped Bass.
                    (C) The areas in the Mid-Atlantic exclusive 
                economic zone that are feeding grounds for Atlantic 
                Striped Bass.
                    (D) The areas in the Mid-Atlantic exclusive 
                economic zone where the core of the annual coastal 
                migration of Atlantic Striped Bass is located on a 
                weekly basis.
                    (E) The estimated biomass, age structure, and sex 
                ratio of the annual coastal migration of Atlantic 
                Striped Bass.
                    (F) The months each year in which the coastal 
                migration of Atlantic Striped Bass experiences elevated 
                levels of bycatch in the non-directed commercial 
                fisheries.
                    (G) The gear types that account for the highest 
                amounts of Atlantic Striped Bass bycatch.
                    (H) A description of how the actions of the non-
                directed Atlantic Striped Bass commercial fisheries in 
                Mid-Atlantic exclusive economic zone--
                            (i) affect recreational opportunities in 
                        the fishery; and
                            (ii) affect the Atlantic Striped Bass stock 
                        as one management unit.

SEC. 5. MANAGEMENT MEASURES.

    (a) In General.--Not later than 1 year after the date the Secretary 
submits the report under section 4(b), the Secretary shall promulgate 
regulations under section 9 of the Atlantic Striped Bass Conservation 
Act (16 U.S.C. 1851 note) that are based on the findings of the study 
under section 4 of this Act and that establish conservation and 
management measures (as that term is used in the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to 
minimize the bycatch and mortality of bycatch of Atlantic Striped Bass 
caught in non-directed commercial fishing in the Mid-Atlantic exclusive 
economic zone.
    (b) Temporary Closures.--
            (1) In general.--Regulations under this section shall 
        include temporary closure of any area identified in the study 
        under section 4 as a location in which there is a particularly 
        high level of Atlantic Striped Bass in non-directed commercial 
        fishing, under which the deployment of net, finfish trap, or 
        longline gear by any vessel fishing under a Federal fishing 
        permit shall be prohibited.
            (2) Duration and location.--The Secretary shall--
                    (A) base the duration and location of any temporary 
                closure on the findings of an analysis of observer 
                data; and
                    (B) design the period of such closure to coincide 
                with periods in which there are high levels of Striped 
                Bass interactions in the exclusive economic zone.
    (c) Possession Regulations.--Regulations under this section shall 
not affect regulations in effect on the date of the enactment of this 
Act under section 9 of the Atlantic Striped Bass Conservation Act (16 
U.S.C. 5158) governing possession of Atlantic Striped Bass in the Mid-
Atlantic exclusive economic zone.

SEC. 6. PEER REVIEW.

    Before issuing any final report under section 4 or final 
regulations under section 5, the Secretary shall submit the report or 
regulations, respectively to peer review by the Northeast Fishery 
Science Center of the National Marine Fisheries Service.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Mid-atlantic exclusive economic zone.--The term ``Mid-
        Atlantic exclusive economic zone'' means waters of the 
        exclusive economic zone along the Atlantic coast of the United 
        States located between 41 deg.5' North latitude and 35 deg.10' 
        south latitude.
            (2) Exclusive economic zone.--The term ``exclusive economic 
        zone'' has the meaning given that term is section 3 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1802).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
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