[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2939 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2939

  To prohibit the commercial harvesting of Atlantic blackfish in the 
coastal waters and the exclusive economic zone, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2007

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

_______________________________________________________________________

                                 A BILL


 
  To prohibit the commercial harvesting of Atlantic blackfish in the 
coastal waters and the 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 Blackfish Conservation 
Act''.

SEC. 2. PROHIBITION ON COMMERCIAL HARVESTING OF ATLANTIC BLACKFISH.

    (a) Prohibition.--It is unlawful to engage in, or to attempt to 
engage in--
            (1) the commercial harvesting of Atlantic blackfish, 
        popularly known as tautog, in the coastal waters or in the 
        exclusive economic zone established by Proclamation Numbered 
        5030, dated March 10, 1983; or
            (2) the sale of Atlantic blackfish taken in violation of 
        paragraph (1) or any part thereof.
    (b) Penalties.--
            (1) Civil penalty.--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) Review; failure to pay, compromise, and subpoenas.--
        Subsections (b) through (e) of section 308 of the Magnuson-
        Stevens Fishery Conservation and Management 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) 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 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) Judgment, procedure, and rebuttable presumptions.--
        Subsections (c) through (e) of section 310 of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1860(c)-(e); relating to judgment, procedure, and rebuttable 
        presumptions) shall 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.

    The Atlantic States Marine Fisheries Commission shall promptly take 
action to amend the Interstate Fisheries Management Plan for Atlantic 
blackfish, including addenda thereto as appropriate, to take into 
account the prohibition established under section 2.

SEC. 4. DEFINITIONS.

    As used in this Act:
            (1) Coastal state.--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.
            (2) Coastal waters.--The term ``coastal waters'' means--
                    (A) for each coastal State referred to in paragraph 
                (1)(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.
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