[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3841 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3841

    To prohibit the commercial harvesting of Atlantic menhaden for 
  reduction purposes in the coastal waters and the exclusive economic 
                                 zone.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2007

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

_______________________________________________________________________

                                 A BILL


 
    To prohibit the commercial harvesting of Atlantic menhaden for 
  reduction purposes 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. PROHIBITION ON COMMERCIAL HARVESTING OF MENHADEN.

    (a) Prohibition.--It is unlawful to engage in, or to attempt to 
engage in, the commercial harvesting of Atlantic menhaden for reduction 
purposes in the Atlantic 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-
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.
    (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-
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.
    (d) Enforcement.--A person authorized by the Secretary of Commerce 
or the Secretary of the department in which the Coast Guard is 
operating may take any action to enforce this section that an officer 
authorized under section 311 of the Magnuson Act (16 U.S.C. 1861) may 
take to enforce that Act (16 U.S.C. 1801 et seq.). Either such 
Secretary 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.

SEC. 2. ACTION BY ATLANTIC STATES MARINE FISHERIES COMMISSION.

    The Atlantic States Marine Fisheries Commission shall promptly take 
action to amend the Interstate Fishery Management Plan for Atlantic 
Menhaden Amendment 1, dated July 2001, to take into account the 
prohibition established under section 2 on the commercial harvesting of 
menhaden in coastal waters.

SEC. 3. REPORT.

    Not later than 5 years after the date of the enactment of this Act, 
the Atlantic States Marine Fisheries Commission, in cooperation with 
the National Oceanic and Atmospheric Administration, shall submit to 
Congress a report on--
            (1) the progress the Commission has made toward 
        understanding the structure of the Atlantic menhaden population 
        on the Atlantic Coast of the United States and in the 
        Chesapeake Bay;
            (2) the role of such population as a filter feeder and prey 
        species for predatory fish in the Chesapeake Bay and in coastal 
        ecosystems;
            (3) the impact on the Atlantic coastal and Chesapeake Bay 
        ecosystems of commercial harvesting of menhaden for reduction; 
        and
            (4) its recommendations for future sustainable management 
        of such harvesting.

SEC. 4. COASTAL WATERS DEFINED.

    As used in this Act, the term ``coastal waters'' has the meaning 
that term has in section 3 of the Atlantic Striped Bass Conservation 
Act (Public Law 98-613; 16 U.S.C. 1851 note), as in effect on the date 
of the enactment of this Act.
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