[Senate Report 104-182]
[From the U.S. Government Publishing Office]




   104th Congress 1st            SENATE                 Report
         Session
                                                       104-182
_______________________________________________________________________





 
                        STRIPED BASS ACT OF 1995

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 776




                December 7, 1995.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred fourth congress
                             first session

  LARRY PRESSLER, South Dakota, 
             Chairman
ERNEST F. HOLLINGS, South Carolina   TED STEVENS, Alaska
DANIEL K. INOUYE, Hawaii             JOHN McCAIN, Arizona
WENDELL H. FORD, Kentucky            CONRAD BURNS, Montana
J. JAMES EXON, Nebraska              SLADE GORTON, Washington
JOHN D. ROCKEFELLER IV, West VirginiaTRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts         KAY BAILEY HUTCHISON, Texas
JOHN B. BREAUX, Louisiana            OLYMPIA SNOWE, Maine
RICHARD H. BRYAN, Nevada             JOHN ASHCROFT, Missouri
BYRON L. DORGAN, North Dakota        BILL FRIST, Tennessee
  Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief 
    Counsel and Staff Director
104th Congress                                                   Report
                                 SENATE

 1st Session                                                    104-182
_______________________________________________________________________


                        STRIPED BASS ACT OF 1995

                                _______


                December 7, 1995.--Ordered to be printed

_______________________________________________________________________


      Mr. Pressler, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 776]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 
776) ``A Bill to reauthorize the Atlantic 
Striped Bass Conservation Act and the Anadromous Fish 
Conservation Act, and for other purposes'', having considered 
the same, reports favorably thereon with 
an amendment in the nature of a substitute and an amendment to 
the title and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  S. 776 reauthorizes and amends the Atlantic Striped Bass 
Conservation Act (Striped Bass Act), extending the 
authorization of appropriations through fiscal year (FY) 1998 
and incorporating provisions of the Anadromous Fish 
Conservation Act (AFCA) relating to Atlantic striped bass 
research.

                          Background and Needs

  Striped bass are anadromous fish which live in marine waters 
during their adult lives and migrate to freshwater river 
systems to spawn. Atlantic striped bass are found in coastal 
waters from North Carolina to Maine. They are migratory, moving 
along the coast primarily within the three-mile zone which is 
subject to state fishery management.
  Because striped bass pass through the jurisdiction of several 
states, conservation efforts must be well coordinated to be 
successful.
  Although striped bass populations have fluctuated 
dramatically in the past, the population decline that began in 
the 1970's raised serious concern about the fishery because 
commercial striped bass harvests had dropped from 15 million 
pounds in 1973 to 3.5 million pounds in 1983. In 1979, Congress 
responded to the severe decline of striped bass populations by 
authorizing an emergency striped bass study under section 7 of 
the AFCA (16 U.S.C. 757g). This legislation called for the 
establishment of a Federal study of the striped bass fishery, 
including the causes of the striped bass decline and 
development of recommendations for remedial action. The results 
of that study indicated that, while habitat degradation played 
a role, overfishing was the primary cause of the decrease in 
striped bass numbers. Over the past 16 years, this study has 
provided the scientific data for management of the Atlantic 
striped bass fishery. The authorization of appropriations for 
the study expired at the end of FY 1994.
  In 1981, the Atlantic States Marine Fisheries Commission 
(Commission) adopted an interstate fishery management plan for 
Atlantic striped bass to reduce harvest pressure on the 
species. In 1984, Congress enacted the Striped Bass Act to 
promote a coordinated Federal-state partnership for striped 
bass management by requiring that the states fully comply with 
the striped bass fishery management plan developed by the 
Commission.
  If a state is found to be out of compliance with the 
Commission's management plan, the Secretaries of Commerce and 
the Interior are to implement jointly a Federal moratorium on 
striped bass fishing in that state. The Striped Bass Act was 
authorized in 1986, 1988, and 1991.
  Current law authorizing appropriations of such sums as may be 
necessary or appropriate to carry out the Act expired on 
September 30, 1994.
  As a result of the Federal-state partnership created under 
the Striped Bass Act, the Commission declared striped bass 
stocks recovered as of January 1, 1995 and adopted a new 
amendment to the interstate management plan that took effect 
May 9, 1995.
  The amendment allows recreational anglers to fish year around 
and to keep two fish a day. Similarly, commercial harvest 
quotas are increased substantially. However, sustaining this 
recovery will require continued cooperation of all states in a 
conservative management regime.

                          Legislative History

  Senator Chafee introduced S. 776 on May 9, 1995. The bill is 
cosponsored by Senator Kerry. A hearing on the programs of the 
National Oceanic and Atmospheric Administration, including 
fisheries programs, was held by the Committee on August 2, 
1995. On November 9, 1995, in open executive session the 
Committee, without objection, adopted an amendment in the 
nature of a substitute, and ordered the bill reported.

                      Summary of Major Provisions

  S. 776, as reported, would: reauthorize appropriations 
through FY 1998 for the Striped Bass Act; transfer provisions 
dealing with striped bass research from the AFCA to the Striped 
Bass Act and expand the scope of such research to include an 
examination of the Delaware River striped bass population; 
clarify the process to ensure public participation in 
management decisions for the striped bass fishery; and makes a 
number of technical amendments.

                             Estimated Cost

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 28, 1995.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 776, the Striped 
Bass Conservation Act Amendments of 1995.
    Enacting S. 776 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: S. 776.
    2. Bill title: The Striped Bass Conservation Act Amendments 
of 1995.
    3. Bill status: As ordered reported by the Senate Committee 
on Commerce, Science, and Transportation on November 9, 1995.
    4. Bill purpose: S. 776 would authorize the appropriation 
of whatever sums are necessary for programs carried out under 
the Atlantic Striped Bass Conservation Act for each of fiscal 
years 1995 through 1998. The bill also would authorize the 
appropriation of $1 million for each of those years for striped 
bass studies carried out under the Anadromous Fish Conservation 
Act.
    5. Estimated cost to the Federal Government: Assuming 
appropriation of the amounts authorized for striped bass 
population studies, CBO estimates that implementing S. 776 
would cost the federal government about $6 million over the 
1996-2000 period. Based on information provided by the 
Departments of Commerce and the Interior, CBO estimates that 
the agencies would need around $1 million per year for 
activities authorized by the Atlantic Striped Bass Conservation 
Act, primarily for the comprehensive annual surveys required by 
section 6 of that act.
    Fiscal year 1995 appropriations totaled $0.55 million for 
the two acts, including $0.25 million to the National Marine 
Fisheries Service and $0.30 million to the National Biological 
Survey. These agencies have not yet received a 1996 
appropriation. The following table summarizes the estimated 
budgetary impact of S. 776.

----------------------------------------------------------------------------------------------------------------
                                                              1995     1996     1997     1998     1999     2000 
----------------------------------------------------------------------------------------------------------------
Projected spending under current law:                                                                           
    Estimated Budget Authority \1\........................      0.5  .......  .......  .......  .......  .......
    Estimated Outlays.....................................      0.4      0.1  .......  .......  .......  .......
Proposed changes:                                                                                               
    Estimated Authorization Level.........................  .......      2.0      2.0      2.0  .......  .......
    Estimated Outlays.....................................  .......      1.0      2.0      2.0      1.0  .......
Projected spending under S. 776:                                                                                
    Estimated Authorization level \1\.....................      0.5      2.0      2.0      2.0  .......  .......
    Estimated Outlays.....................................      0.4      1.1      2.0      2.0      1.0  .......
----------------------------------------------------------------------------------------------------------------
\1\ The 1995 level is the amount appropriated for that year.                                                    

    The costs of this bill fall within budget function 300.
    6. Pay-as-you-go considerations: None.
    7. Estimated cost to State and local governments: None.
    8. Estimate comparison: None.
    9. Previous CBO estimate: On April 6, 1995, CBO provided a 
cost estimate for H.R. 1139, the Striped Bass Conservation Act 
Amendments of 1995, as ordered reported by the House Committee 
on Resources on April 5, 1995. The two bills are similar, but 
S. 776 would authorize appropriations for carrying out the 
Atlantic Striped Bass Conservation Act through fiscal year 
1998, rather than 1996, as in H.R. 1139. The CBO cost estimate 
for S. 776 reflects the additional two years of funding 
authorization.
    10. Estimate prepared by: Deborah Reis and Rachel Forward.
    12. Estimate approved by: Robert A. Sunshine (Paul N. Van 
de Water, Assistant Director for Budget Analysis).

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation as reported.
    S. 776, as reported, amends the Striped Bass Act and 
section 7 of the AFCA.
    The amendments will have no effect on the number of 
individuals regulated or on the personal privacy of such 
persons.
  
    Any additional amount of paperwork or regulatory 
requirements resulting from this legislation would be minimal.

                      Section-by-Section Analysis

Section 1. Short title

    This section identifies this bill as the Striped Bass 
Conservation Act Amendments of 1995.

Section 2. Reauthorization

    This section would amend section 7(a) of the Striped Bass 
Act to extend the authorization of appropriations through FY 
1998.

Section 3. Technical and conforming amendments

    This section would amend the Striped Bass Act by making a 
technical and conforming amendment to section 4(a)(1) and 
repealing inoperative sections 8 and 10.

Section 4. Public participation in preparation of plans and amendments 
        to plans for Atlantic striped bass

    This section would create a new section 8 under the Striped 
Bass Act to clarify that the process to ensure adequate 
opportunity for public participation established under the 
Atlantic Coastal Cooperative Management Act would apply to any 
management decision for Atlantic striped bass.
    This process requires at least four public hearings and 
procedures for the submission of written comments.

Section 5. Transfer of existing provision to Atlantic Striped Bass 
        Conservation Act

    This section designates as section 9 of the Striped Bass 
Act an existing provision of law dealing with the regulation of 
Atlantic striped bass in the exclusive economic zone. This 
provision currently is included as a separate note in the U.S. 
Code rather than as a part of the Striped Bass Act.

Section 6. Extension of authorization for striped bass population 
        studies; transfer of provision to Atlantic Striped Bass 
        Conservation Act

    Subsection (a) of this section would add a new section 10 
to the Striped Bass Act incorporating the striped bass study 
called for under the AFCA. New section 10 also would expand the 
study scope to examine the effects of water quality and other 
habitat changes on the recruitment, spawning potential, 
mortality rates, and abundance of the Delaware River population 
of striped bass and would reauthorize for each of the fiscal 
years through FY 1998, up to $1,000,000 to carry out the study.
    Subsection (b) would make a conforming amendment to strike 
section 7 of the AFCA.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                 ATLANTIC STRIPED BASS CONSERVATION ACT

SEC. 4. COMMISSION FUNCTIONS.

    (a) Monitoring of Implementation and Enforcement.--
          (1) During December [of fiscal year 1987, and of each 
        fiscal year thereafter,] of each fiscal year, and at 
        any other time it deems necessary, the Commission shall 
        determine:
                  (A) whether each coastal State has adopted 
                all regulatory measures necessary to fully 
                implement the Plan in its coastal waters; and
                  (B) whether the enforcement of the Plan by 
                each coastal State is satisfactory. 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 its coastal waters is being, or will 
                likely be, substantially and adversely 
                affected.
          (2) The Commission shall immediately notify the 
        Secretaries of each negative determination made by it 
        under this subsection.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS.

    (a) Authorization.--[For each of fiscal years 1986, 1987, 
1988, 1989, 1990, 1991, 1992, 1993, and 1994,] For each of 
fiscal years 1995 through 1998, there are authorized to be 
appropriated such sums as may be necessary or appropriate to 
carry out this Act.

[SEC. 8. SECRETARIAL STUDY.

    [Within six months of the date of enactment of this Act, 
the Secretaries shall review the existing Plan and shall report 
to the Commission, the Chairman of the House Committee on 
Merchant Marine and Fisheries, the Chairman of the Senate 
Committee on Commerce, Science and Transportation and the 
Chairman of the Senate Committee on Environment and Public 
Works on the adequacy of the Plan to achieve the purposes of 
this Act. Such report shall include recommendations for 
additional measures that may need to be taken and include 
recommendations concerning specific State actions regarding the 
management and conservation of striped bass.]

SEC. 8. PUBLIC PARTICIPATION IN PREPARATION OF PLANS AND AMENDMENTS TO 
                    PLANS FOR ATLANTIC STRIPED BASS.

    The Commission shall use the procedures developed pursuant 
to section 805(a) of the Atlantic Coastal Fisheries Cooperative 
Management Act (16 U.S.C. 5104(a) et seq.) to ensure an 
adequate opportunity for public participation in the 
preparation of any plan for the management of Atlantic Striped 
Bass and any amendment to such a plan (including any amendment 
to the Interstate Fisheries Management Plan for Striped Bass, 
dated October 1, 1981).

SEC. 9. [REPEALED].

SEC. 9. PROTECTION OF STRIPED BASS IN THE EXCLUSIVE ECONOMIC ZONE.

    (a) Regulation of Fishing in Exclusive Economic Zone.--The 
Secretary of Commerce shall promulgate regulations governing 
the fishing for Atlantic striped bass in the exclusive economic 
zone that the Secretary determines to be consistent with the 
national standards set forth in section 301 of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1851) and 
necessary and appropriate to--
          (1) ensure the effectiveness of State regulations or 
        a Federal moratorium on fishing for Atlantic striped 
        bass within the coastal waters of a coastal State; and
          (2) achieve conservation and management goals for the 
        Atlantic striped bass resource.
    (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) Fishery Management Plan on Striped Bass.--
          (1) The appropriate Regional Fishery Management 
        Councils may prepare a fishery management plan on 
        Atlantic striped bass, which if approved and 
        implemented by the Secretary shall supersede any 
        regulations promulgated under subsection (a). Such plan 
        shall--
                  (A) meet the requirements of sections 301 and 
                303 of the Magnuson Fishery Conservation and 
                Management Act (16 U.S.C. 1851 and 1853);
                  (B) apply to all fishing for Atlantic striped 
                bass within the exclusive economic zone; and
                  (C) ensure the effectiveness of the Plan of 
                the Atlantic States Marine Fisheries Commission 
                defined under section 3(7) of the Atlantic 
                Striped Bass Conservation Act (16 U.S.C. 1851 
                note).
          (2) The Secretary shall review such fishery 
        management plan pursuant to section 304 of the Magnuson 
        Fishery Conservation and Management Act (16 U.S.C. 
        1854) and shall approve the plan if it meets the 
        requirements of paragraph (1) and other provisions of 
        this section. The Secretary shall implement the plan by 
        promulgating regulations in accordance with section 305 
        of the Magnuson Fishery Conservation and Management Act 
        (16 U.S.C. 1855). No regulation promulgated under 
        subsection (a) shall have force and effect during any 
        period in which regulations implementing such plan are 
        in effect.
    (d) Applicability of Magnuson Act Provisions.--The 
provisions of sections 307, 308, 309, 310, and 311 of the 
Magnuson Fishery Conservation and Management 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) or (c) of this section as if 
such regulations or plan were issued under the Magnuson Fishery 
Conservation and Management Act.

[SEC. 10. MISCELLANEOUS PROVISIONS.

    (a) [Executed].
    [(b) There are authorized to be appropriated to the 
Department of Commerce, $200,000 for each of fiscal years 1986 
and 1987, and the amount that is appropriated under this 
authority for each such year shall be apportioned equally by 
the Secretary between the States of Maryland and Virginia for 
use by each of them for the propagation, in existing hatchery 
facilities of that State, of striped bass for the replenishment 
of the Chesapeake Bay stock: (1) if that State, for each such 
fiscal year, expends an equal amount of State moneys for the 
propagation of such stock in its hatchery facilities; and (2) 
if the Secretary considers that that State is in full 
compliance with the Plan.]
    (c) [Executed].

SEC. 10. STRIPED BASS STUDIES.

    (a) Scope of Studies.--The Secretaries shall cooperate with 
States and other non-Federal interests in conducting scientific 
studies of the anadromous stocks of Atlantic striped bass. 
These studies shall include, but not be limited to--
          (1) estimates of recruitment, spawning potential, 
        mortality rates, stock composition of coastal 
        fisheries, and other population parameters;
          (2) investigations of factors affecting abundance of 
        striped bass, including analyses of the extent and 
        causes of mortality at successive life stages;
          (3) monitoring population abundance and age and sex 
        composition of striped bass stocks based on fishery-
        dependent and fishery-independent data; and
          (4) the effects of water quality and other habitat 
        changes on the recruitment, spawning potential, 
        mortality rates, and population abundance of the 
        Delaware River striped bass population.
    (b) Annual Reports to Congress.--The Secretaries shall make 
annual reports to the Congress concerning the progress and 
findings of the studies conducted pursuant to subsection (a) of 
this section. Such reports shall, where appropriate, contain 
recommendations of actions which could be taken to improve the 
population of striped bass.
    (c) Implementation of Conduct of Studies.--For purposes of 
conducting the studies required by this section, the 
Secretaries may enter into agreements with States and other 
non-Federal interests in accordance with the provisions of the 
first section of the Anadromous Fish Conservation Act (16 
U.S.C. 757a) or they may carry out such studies directly, as 
they deem appropriate: Provided, That any agreement entered 
into pursuant to this subsection shall be effective only to 
such extent or in such amounts as are provided in advance in 
appropriation Acts.
    (d) Funding of Studies.--There are authorized to be 
appropriated for the purposes of carrying out the studies 
described in subsection (a) of this section not to exceed 
$1,000,000 for each of the fiscal years 1995, 1996, 1997, and 
1998. Funds authorized to be appropriated by this subsection 
are in addition to any funds authorized by section 4 of the 
Anadromous Fish Conservation Act (16 U.S.C. 757d) which may be 
used for projects involving or affecting striped bass.
                              ----------                              


               TITLE 16, UNITED STATES CODE--CONSERVATION

             [CHAPTER 9A. PRESERVATION OF FISHERY RESOURCES

[Sec.  757g. Striped bass population studies

    [(a) Conduct of Studies With States and Other Non-Federal 
Interests; Scope of Studies.--The Secretary shall cooperate 
with States and other non-Federal interests in conducting 
scientific studies of the anadromous stocks of Atlantic striped 
bass. These studies shall include, but not be limited to--
          [(1) estimates of recruitment, spawning potential, 
        mortality rates, stock composition of coastal 
        fisheries, and other population parameters;
          [(2) investigations of factors affecting abundance of 
        striped bass, including analyses of the extent and 
        causes of mortality at successive life stages; and
          [(3) monitoring population abundance and age and sex 
        composition of striped bass stocks on fishery-dependent 
        and fishery-independent data.
    [(b) Annual Reports to Congress; Respecting Progress and 
Findings of Studies; Report Recommendations.--The Secretary 
shall make annual reports to the Congress concerning the 
progress and findings of the studies conducted pursuant to 
subsection (a) of this section. Such reports shall, where 
appropriate, contain recommendations of actions which could be 
taken to improve the population of striped bass.
    [(c) Implementation of Conduct of Studies.--For purposes of 
conducting the studies required by this section, the Secretary 
may enter into agreements with States and other non-Federal 
interests in accordance with the provisions of the first 
section of this Act [16 U.S.C. 757a] or he may carry out such 
studies directly, as he deems appropriate: Provided, That any 
agreement entered into pursuant to this subsection shall be 
effective only to such extent or in such amounts as are 
provided in advance in appropriation Acts.
    [(d) Funding of Studies.--There are authorized to be 
appropriated for the purposes of carrying out the studies 
described in subsection (a) of this section not to exceed 
$1,000,000 for each of the fiscal years 1991, 1992, 1993, and 
1994. Funds authorized to be appropriated by this subsection 
are in addition to any funds authorized by section 4 [16 U.S.C. 
757d] which may be used for projects involving or affecting 
striped bass.]
                              ----------                              


                           Public Law 100-589

[SEC. 6. PROTECTION OF STRIPED BASS IN THE EXCLUSIVE ECONOMIC ZONE.

    [(a) Regulation of Fishing in Exclusive Economic zone.--The 
Secretary of Commerce shall promulgate regulations governing 
the fishing for Atlantic striped bass in the exclusive economic 
zone that the Secretary determines to be consistent with the 
national standards set forth in section 301 of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1851) and 
necessary and appropriate to--
          [(1) ensure the effectiveness of State regulations or 
        a Federal moratorium on fishing for Atlantic striped 
        bass within the coastal waters of a coastal State;and
          [(2) achieve conservation and management goals for 
        the Atlantic striped bass resource.
    [(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) [Repealed].
    [(d) Applicability of Magnuson Act Provisions.--The 
provisions of sections 307, 308, 309, 310, and 311 of the 
Magnuson Fishery Conservation and Management 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) or (c) of this section as if 
such regulations or plan were issued under the Magnuson Fishery 
Conservation and Management Act.
    [(e) Definition.--As used in this section, the term 
``exclusive economic zone'' has the meaning given such term in 
section 3(6) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1802(6)).]
    (f) [Repealed].

                                
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