[Congressional Record Volume 143, Number 158 (Monday, November 10, 1997)]
[Senate]
[Pages S12495-S12497]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       ATLANTIC STRIPED BASS CONSERVATION ACT AMENDMENTS OF 1997

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 285, H.R. 1658.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 1658) to reauthorize and amend the Atlantic 
     Striped Bass Conservation Act and related laws.


[[Page S12496]]


  The Senate proceeded to consider the bill, which had been reported 
from the Committee on Environment and Public Works and the Committee on 
Commerce, Science, and Transportation, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                               H.R. 1658

       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 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 thirty 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 [Secretary] 
     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 [Secretary] 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 [Secretary] 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

[[Page S12497]]

     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.
       ``[(b)] (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 are--
       [``(1) consistent with the national standards set forth in 
     section 301 of the Magnuson Act (16 U.S.C. 1851);
       [``(2) compatible with the Plan and each Federal moratorium 
     in effect on fishing for Atlantic striped bass within the 
     coastal waters of a coastal State; and
       [``(3) sufficient to assure the long-term conservation of 
     Atlantic striped bass populations.]
       ``(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 (102 Stat. 2986; 
     16 U.S.C. 1851 note) is repealed.

  Mr. LOTT. Mr. President, I ask unanimous consent that the committee 
amendments be agreed to; that the bill be considered read a third time 
and passed; that the motion to reconsider be laid upon the table; and 
that any statements relating to the bill appear at the appropriate 
place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 1658), as amended, was read the third time and passed.

                          ____________________