[Senate Report 105-148]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-148
_______________________________________________________________________


 
       ATLANTIC STRIPED BASS CONSERVATION ACT AMENDMENTS OF 1997

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                               H.R. 1658





                November 8, 1997.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred fifth congress
                             first session

                     JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             WENDELL H. FORD, Kentucky
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas              Virginia
OLYMPIA SNOWE, Maine                 JOHN F. KERRY, Massachusetts
JOHN ASHCROFT, Missouri              JOHN B. BREAUX, Louisiana
BILL FRIST, Tennessee                RICHARD H. BRYAN, Nevada
SPENCER ABRAHAM, Michigan            BYRON L. DORGAN, North Dakota
SAM BROWNBACK, Kansas                RON WYDEN, Oregon
                       John Raidt, Staff Director
     Ivan A. Schlager, Democratic Chief Counsel and Staff Director



105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-148
_______________________________________________________________________


       ATLANTIC STRIPED BASS CONSERVATION ACT AMENDMENTS OF 1997
                                _______
                                

                November 8, 1997.--Ordered to be printed

_______________________________________________________________________


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

                              R E P O R T

                        [To accompany H.R. 1658]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (H.R.1658) ``A Bill to reauthorize 
and amend the Atlantic Striped Bass Conservation Act and 
related laws'', having considered the same, reports favorably 
thereon with amendments and recommends that the bill as amended 
do pass.

                          Purpose of the Bill

    The purpose of H.R. 1658 is to extend the authorization of 
appropriations for the Atlantic Striped Bass Conservation Act 
(ASBCA), and to extend the authorization for federal studies of 
the Atlantic striped bass resource. The bill also revises and 
updates the ASBCA.

                          Background and Needs

    Along the coast of the Eastern United States, Atlantic 
striped bass (Morone saxatilis, also called ``stripers'' or 
``rockfish'') are an important commercial and recreational 
fish. Atlantic striped bass are anadromous; they spend their 
adult lives in estuarine or marine waters, but return to 
freshwater each spring to spawn. The Atlantic coast stocks of 
striped bass migrate seasonally, moving along the coast from 
North Carolina to Maine, and generally remaining within the 
three-mile zone which is subject to state fishery management. 
Because striped bass pass through the jurisdictions of multiple 
states and the federal government, conservation efforts must be 
well coordinated among these entities. Over the last fifteen 
years, the integration of management and research efforts among 
federal agencies, state agencies, and the Atlantic States 
Marine Fisheries Commission (Commission) has enabled Atlantic 
striped bass populations to make a successful recovery. These 
once severely depleted fish populations are now considered to 
be healthy.
    While striped bass population abundances have fluctuated 
dramatically throughout their recorded history, the population 
began a serious decline in the 1970s which raised concerns 
about the fishery. Commercial striped bass harvests dropped 
from 15 million pounds in 1973 to 2.9 million in 1984. In 1979, 
Congress responded to concerns about the health of the resource 
by authorizing an emergency striped bass study under the 
Anadromous Fish Conservation Act. This legislation called for 
the U.S. Fish and Wildlife Service (USFWS) and the National 
Marine Fisheries Service (NMFS) to undertake a joint study of 
the causes of the striped bass decline and to recommend 
remedial action. The results of that study indicated that, 
while habitat degradation played a role, fishing pressure 
needed to be substantially reduced in order to conserve the 
Atlantic striped bass population.
    In 1981, the Commission, which consists of representatives 
from each of the states bordering the western Atlantic Ocean, 
developed an interstate fishery management plan for striped 
bass. The interstate plan established guidelines for state 
regulations to reduce harvest pressure in coastal waters. To 
ensure each state's cooperation in implementing and enforcing 
the plan, Congress enacted the ASBCA in 1984. The ASBCA 
requires the states to fully implement the plan developed by 
the Commission. If a state is found to be out of compliance 
with the Commission's management plan, the ASBCA requires the 
Secretary of Commerce and the Secretary of the Interior to 
implement a federal moratorium on striped bass fishing in that 
state. In general, this federal authority has been effective in 
encouraging state compliance and a federal moratorium was 
briefly imposed only once. The ASBCA also provided for an 
annual study and population assessment, conducted jointly by 
NMFS and USFWS.
    The ASBCA and the study authorized under the Anadromous 
Fish Conservation Act have been reauthorized a number of times, 
but, at the end of fiscal year (FY) 1994, the authorization of 
appropriations expired. However, the 1994 striped bass research 
study report was promising. It reported that the Chesapeake Bay 
populations were restored, and that the Delaware River, Hudson 
River, and Albemarle-Roanoke populations were continuing to 
recover. The Commission adopted a new management plan that was 
implemented on May 9, 1995. This plan phased in an increase in 
the fishing mortality target, thereby allowing states to 
increase their harvest limits. Since that time, it appears that 
the stocks have continued to improve.
    H.R. 1658 extends the authorization of appropriations for 
the ASBCA, including studies on the striped bass populations, 
through FY 2000. The bill also reorganizes, revises, and 
integrates provisions related to striped bass research from the 
Anadromous Fish Conservation Act, provisions from the existing 
ASBCA and provisions from the 1988 reauthorization of the ASBCA 
(Public Law100-589) governing the protection of Atlantic 
Striped Bass in the exclusive economic zone (EEZ).

                          Legislative History

    H.R. 1658 was received by the Senate from the House on July 
9, 1997 and was referred to the Committee on Commerce, Science, 
and Transportation. On October 8, 1997, H.R. 1658 was 
considered by the Committee during an open executive session. 
Senator Snowe offered an amendment to: (1) restore the existing 
statutory requirement that any regulation of fishing in federal 
waters ensure the effectiveness of state regulations; and (2) 
require a study of the socio-economic benefits of the striped 
bass fishery. The Snowe amendment was adopted by voice vote, 
and the bill as amended was unanimously adopted by voice vote. 
Upon being reported by this Committee, the bill will be 
sequentially referred to the Committee on Environment and 
Public Works for a period of 20 legislative days, pursuant to a 
unanimous consent agreement adopted by the Senate.
    During the 104th Congress, the Commerce Committee 
considered a similar bill, S. 776, which was reported by this 
Committee and, subsequently, by the Committee on Environment 
and Public Works. The bill was not considered by the full 
Senate before the end of the Congress.

                      Summary of Major Provisions

    H.R. 1658 would: (1) reauthorize appropriations for the 
Striped Bass Act through FY 2000; (2) provide for public 
participation in the management process; (3) incorporate into 
the ASBCA provisions dealing with striped bass studies from the 
Anadromous Fish Conservation Act and provisions authorizing the 
Secretary of Commerce to regulate striped bass fishing in 
federal waters from Public Law 100-589; (4) clarify and amend 
the civil penalties; and (5) make technical amendments.

                            Estimated Costs

    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, October 9, 1997.
Hon. John McCain,
Chaiman, 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 H.R. 1658, the Atlantic 
Striped Bass Conservation Act Amendments of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Gary Brown 
(for federal costs) and Marjorie Miller (for the state and 
local impact).
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 1658--Atlantic Striped Bass Conservation Act Amendments of 1997

    Summary: H.R. 1658 would amend the Atlantic Striped Bass 
Conservation Act (the Striped Bass Act) to authorize 
appropriations of about $1 million annually through 2000 for 
the management and conservation of striped bass, including 
studies. The act also would increase penalties for fishing for 
striped bass in state waters (zero to the three miles offshore) 
during a federal moratorium.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 1658 would cost $1 million in 
1998 and about $3 million over the 1998-2000 period. H.R. 1658 
could affect governmental receipts by increasing a civil 
penalty for fishing in state waters during a federally imposed 
moratorium; therefore, pay-as-you-go procedures would apply. 
However, CBO estimates that any new receipts would total less 
than $500,000 a year. The legislation contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995 (UMRA), and would not 
impose any costs on state, local, or tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1658 is shown in the following table.

----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, in millions of dollars       
                                                           -----------------------------------------------------
                                                              1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
Spending under current law:                                                                                     
    Budget authority \1\..................................        1        0        0        0        0        0
    Estimated outlays.....................................        1        0        0        0        0        0
Proposed changes:                                                                                               
    Authorization level...................................        0        1        1        1        0        0
    Estimated outlays.....................................        0        1        1        1        0        0
Spending under H.R. 1658:                                                                                       
    Authorization level \1\...............................        1        1        1        1        0        0
    Estimated outlays.....................................        1        1        1       11        0       0 
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 level is the amount appropriated for that year.                                                    

    The costs of the act fall within budget function 300 
(natural resources).
    Basis of estimate: For purposes of this estimate, CBO 
assumes that all amounts authorized by H.R. 1658 would be 
appropriated for each fiscal year and that outlays would follow 
historical spending patterns for the authorized programs.
    H.R. 1658 would increase from $1,000 per violation to 
$100,000 the penalty for fishing for striped bass in state 
waters when a federal moratorium is in effect. CBO expects that 
any collections from this penalty would total less than 
$500,000 a year because federal moratoriums are rarely imposed. 
(Since the authority was first provided in 1984, a federal 
moratorium on fishing for striped bass in state waters has been 
imposed only once, for a six-day period in 1990 in New Jersey.) 
The act would maintain the current system of penalties for 
violating federal regulations governing fishing in federal 
waters.
    Pay-as-you-go considerations: Section 252 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 sets up pay-
as-you-go procedures for legislation affecting direct spending 
or receipts. H.R. 1658's provision increasing penalties for 
striped bass fishing in state waters during a moratorium could 
affect receipts, but CBO estimates that the amount of any new 
receipts would not be significant.
    Estimated impact on state, local, and tribal governments: 
H.R. 1658 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments.
    H.R. 1658 would benefit the Atlantic States Marine 
Fisheries Commission by providing access to federal funds that 
the act authorizes to be appropriate ($1.05 million per year 
for fiscal years 1998-2000). The commission could receive some 
of these funds under cooperative agreements with federal 
agencies.
    Estimated impact on the private sector: The legislation 
would impose no new private-sector mandates as defined in UMRA.
    Previous CBO estimate: On July 7, 1997, CBO provided a cost 
estimate for H.R. 1658, as ordered reported by the House 
Committee on Resources on June 25, 1997. The two versions of 
H.R. 1658 are nearly identical, and the estimated costs of the 
two versions are the same.
    Estimate prepared by: Federal costs: Gary Brown; Impact on 
State, Local, and Tribal Governments: Marjorie Miller.
    Estimate approved by: Robert A. Sunshine, Deputy 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.

                       number of persons covered

    This legislation provides for the reauthorization of an 
existing law and does not change current regulatory authority. 
Thus, the bill, as reported, is not expected to affect the 
number of persons covered.

                            economic impact

    Section 7 of the reported bill authorizes the appropriation 
of $1.05 million for each of FYs 1998, 1999, and 2000. This 
funding level is modest and is not expected to have an 
inflationary impact on the economy.

                                privacy

    The reported bill will not have any adverse impact on the 
personal privacy of the individuals covered by the bill.

                               paperwork

    The reported bill does not impose any new paperwork 
requirements on citizens or businesses covered by the bill.

                      Section-by-Section Analysis

Section 1. Short title

    The short title of the reported bill is ``The Atlantic 
Striped Bass Conservation Act Amendments of 1997''.

Section 2. Reauthorization and amendment of Atlantic Striped Bass 
        Conservation Act

    Section 2 of the reported bill is a full substitute for the 
ASBCA which includes provisions related to striped bass 
research from the Anadromous Fish Conservation Act, and 
provisions from Public Law 100-589 governing the protection of 
Atlantic Striped Bass in the EEZ. Changes to existing law are 
noted below.
    Findings and purposes.--The reported bill revises the 
findings and purposes contained in section 2 of the ASBCA. 
These revisions reflect the recovery of Atlantic striped bass 
by removing outdated references to a severely depressed striped 
bass population and ineffective management efforts. The 
revisions also emphasize the previous fluctuations in striped 
bass populations and the importance of interjurisdictional 
cooperation in managing the species.
    Definitions.--The reported bill revises section 3 of the 
ASBCA which contains the definitions. The revisions consolidate 
the definitions in the ASBCA and Public Law 100-589, update the 
reference to the Magnuson-Stevens Fisheries Conservation and 
Management Act (Magnuson-Stevens Act), and update the 
definition of ``Plan'' to refer to a plan for managing Atlantic 
striped bass prepared and adopted by the Commission. The 
definition of ``Plan'' in existing law refers specifically to 
the 1981 Interstate Fisheries Management Plan for striped bass 
and amendments thereto.
    Monitoring of implementation and enforcement by coastal 
States.--The reported bill makes a few primarily technical 
changes to section 4 of the ASBCA. It changes the title of the 
section from ``Commission Functions'' to ``Monitoring of 
Implementation and Enforcement by coastal States'', which is 
the title of section 4(a) in the existing ASBCA. The new title 
describes the section more precisely.
    Under section 4(a) in the existing law, the Commission is 
required to determine in December of FY 1987 and in subsequent 
fiscal years whether each coastal state has adopted all 
regulatory measures necessary to fully implement a Commission 
management plan, and whether the enforcement of the plan by 
each state is satisfactory. The reported bill updates the 
provision by deleting the reference to FY 1987, and replacing 
it with ``December of each fiscal year''.
    The reported bill also moves section 4(b) in the existing 
ASBCA to section 5 on moratoriums.
    Moratorium.--The reported bill revises section 5 of the 
ASBCA by combining section 4(b) of existing law regarding 
secretarial action after notification of State non-compliance 
and section 5 regarding the imposition of a moratorium. The 
revised section 5 also: (1) makes the provisions regarding 
civil penalties consistent with those imposed for violations of 
the Magnuson-Stevens Act; and (2) authorizes the Secretary of 
Commerce and the Secretary of the department in which the Coast 
Guard is operating to take action to enforce a moratorium. This 
section of the reported bill deletes the provision in existing 
law authorizing the Secretary of the Interior to enforce the 
Act. However, the Committee anticipates that the Secretary of 
the Interior will continue to play a role in all aspects of the 
implementation of this legislation.
    Continuing studies of striped bass populations.--The 
reported bill amends section 6 of the ASBCA dealing with 
comprehensive annual surveys. Changes to this section update 
the ASBCA's existing requirements for fisheries data collection 
and revise and incorporate striped bass research provisions 
currently found in section 7 of the Anadromous Fish 
Conservation Act. Under the language of the reported bill, 
studies conducted would include, but not be limited to: (1) 
stock assessments; (2) investigations into the causes of 
Atlantic striped bass population fluctuations; (3) studies of 
the impacts of environmental factors on striped bass 
populations; and (4) investigations of the interactions between 
striped bass and other fish, including the effects of 
interspecies predation and competition. Under existing law, 
reports on these studies are required annually. The reported 
bill would change this to a biennial requirement.
    The revisions to section 6 of the ASBCA also require the 
Secretaries, in consultation with the Commission, to undertake 
a study of the socio-economic benefits of the striped bass 
resource and to report their findings to Congress by September 
30, 1998. The Committee intends that this study will examine 
both the commercial and recreational striped bass fisheries. In 
doing so, the study should examine the socio-economic benefits 
of the fisheries for each state, and should take into account 
each state's allocation of its total allowable catch between 
the recreational and commercial fishing sectors. The 
Secretaries and the Commission shall make use of all available 
data in conducting this study, including data from the states 
and from the Recreational Fishing Information Network (RECFIN).
    Authorization of appropriations; cooperative agreements.--
The reported bill amends section 7 of the ASBCA toauthorize 
annual appropriations of $1,050,000 to implement the ASBCA through FY 
2000. Of that annual amount $250,000 would be authorized for the 
Secretary of the Interior and $800,000 for the Secretary of Commerce. 
The existing authorization of appropriations does not specify a 
particular appropriations level.
    Public participation in preparation of management plans and 
amendments.--The reported bill adds a new section 8 to the 
ASBCA regarding public participation in the preparation of 
management plans and plan amendments. The new section would 
clarify that the Commission is required to adhere to the 
standards and procedures for public participation in the 
process of preparing management plans and plan amendments 
established under the Atlantic Coastal Fisheries Cooperative 
Management Act (ACFCMA). ACFCMA requires, at a minimum, four 
public hearings and the opportunity to submit written comments 
during the plan preparation process.
    Protection of striped bass in the Exclusive Economic 
Zone.--The reported bill adds a new section 9 to the ASBCA 
which incorporates the existing requirements under Public Law 
100-589 that apply to the Secretary of Commerce when 
promulgating regulations for striped bass fishing in the EEZ. 
Such regulations must: (1) be consistent with the national 
standards outlined in the Magnuson-Stevens Act; (2) be 
compatible with the Commission's Plan and any federal 
moratorium in effect; (3) ensure the effectiveness of State 
regulations on fishing for Atlantic striped bass; and (4) be 
sufficient to assure the long-term conservation of the Atlantic 
striped bass population. The language in this section which 
requires the federal regulations for the EEZ to ``ensure the 
effectiveness of State regulations on fishing for Atlantic 
striped bass'' was added to the reported bill by the Snowe 
amendment and is identical to a provision in the existing 
statute. This language is designed to ensure that State 
regulations are not undermined or weakened by federal 
regulations promulgated for the EEZ. The great majority of the 
Atlantic striped bass resource resides in State waters, and it 
is imperative that nothing is done intentionally or 
unintentionally by federal agencies which could harm state or 
Commission management initiatives. The Committee believes that 
the retention of this language in H.R. 1658 is particularly 
important, given that federal fisheries managers expressed 
interest as recently as 1995 in lifting the current moratorium 
on harvesting in the EEZ.

Section 3. Repeals

    Section 3 of the reported bill repeals three separate 
sections of existing law which are either outdated or have been 
integrated into the ASBCA by H.R. 1658 as reported by the 
Committee.

                        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 omittedis enclosed in black brackets, new 
material is printed in italic, existing law in which no change is 
proposed is shown in roman):

[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) As a consequence of increased fishing pressure, 
        environmental pollution, the loss and alteration of 
        habitat, and the inadequacy of fishery conservation and 
        management practices and controls, certain stocks of 
        Atlantic striped bass have been severely reduced in 
        number.
          [(3) Because no single government entity has full 
        management authority throughout the range of the 
        Atlantic striped bass, the harvesting and conservation 
        of these fish have been subject to diverse, 
        inconsistent, and intermittent State regulation that 
        has been detrimental to the long-term maintenance of 
        stocks of the species and to the interests of fishermen 
        and the Nation as a whole.
          [(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 ``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.
          [(7) The term ``Plan'' means the Interstate Fisheries 
        Management Plan for Striped Bass, dated October 1, 
        1981, prepared by the Commission, and all amendments 
        thereto related to fishing, including interim 
        restoration measures for Chesapeake Bay striped bass 
        stocks as developed by the Atlantic States Marine 
        Fisheries Commission Striped Bass Management Board in 
        December 1983, whether or not such language is formally 
        adopted as an amendment to the Plan of October 1, 1981.
          [(8) The term ``Secretary'' means the Secretary of 
        Commerce.
          [(9) The term ``Secretaries'' means the Secretary of 
        Commerce and the Secretary of the Interior.

[SEC. 4. COMMISSION FUNCTIONS.

  [(a) Monitoring of Implementation and Enforcement.--
          [(1) During December of FY 1987, and of each FY 
        thereafter, 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.
  [(b) Secretarial Action After Notification.--Upon receiving 
notice from the Commission under subsection (a) that a coastal 
State has not taken the actions described in that subsection, 
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.

[SEC. 5. MORATORIUM.

    [(a) Definitions.--For purposes of this section--
          [(1) The term ``moratorium area'' means the coastal 
        waters with respect to which a declaration under 
        section 4(b) applies.
          [(2) The term ``moratorium period'' means the period 
        beginning on the day on which moratorium is declared 
        under section 4(b) 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 cause of the moratorium being declared.
      [(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 section 4(b) 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) Penalties and Forfeitures.--
          [(1) Any person who is found by the Secretaries, 
        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 (b), shall be liable to the United States 
        for a civil penalty. The amount of the civil penalty 
        shall not exceed $1,000 for each violation. Each day of 
        continuing violation shall constitute a separate 
        offense. The amount of such civil penalty shall be 
        assessed by the Secretaries by written notice. In 
        determining the amount of such penalty, the Secretaries 
        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 Act (16 U.S.C. 1858 (b)-(e)) (relating to 
        review of civil penalties, action upon failure to pay 
        assessment, compromise, and subpenas) 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.
    [(d) 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 (b), shall be 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 Act (16 U.S.C. 1860(c)-(e)) (relating to 
        judgment, procedure, and rebuttable presumptions) 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.
    [(e) Enforcement.--
          [(1) The Secretaries shall enforce a moratorium 
        declared under section 4(b). The 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 
        coastal State in carrying out that enforcement.
          [(2) Enforcement authority.--A person authorized by 
        the Secretaries may take any action to enforce a 
        moratorium declared under section 4(b) that an officer 
        authorized by the Secretary under section 311(b) of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Act may take to enforce that Act.
          [(3) Regulations.--The Secretaries may issue 
        regulations to implement this subsection.

[SEC. 6. COMPREHENSIVE ANNUAL SURVEYS.

    [For the purposes of implementing the provisions of this 
Act, the Secretary and the Secretary of the Interior shall 
jointly conduct a comprehensive annual survey of the Atlantic 
striped bass fisheries. Each survey shall include, but not be 
limited to, a compilation and assessment of the recreational 
and commercial landings of that species in the coastal States 
during the period considered in the survey. The results of each 
annual survey shall be published in the Federal Register.

[SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS.

  [(a) Authorization.--For each of FYs 1986, 1987, 1988, 1989, 
1990, 1991, 1992, 1993, and 1994, there are authorized to be 
appropriated such sums as may be necessary or appropriate to 
carry out this Act.
    [(b) Cooperative Agreements.--The Secretaries may enter 
into cooperative agreements with the Atlantic States Marine 
Fisheries Commission for the purpose of using amounts 
appropriated pursuant to this section to provide financial 
assistance to the Commission for carrying out its functions 
under 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.]

                    Anadromous Fish Conservation Act

[SEC. 7. 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 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 FYs 1991, 1992, 1993, and 1994. 
Funds authorized to be appropriated by this subsection are in 
addition to any funds authorized by section 4 which may be used 
for projects involving or affecting striped bass.]

                           public law 100-589

[SEC. 5. STUDY OF STRIPED BASS IN ALBEMARLE SOUND AND ROANOKE RIVER 
                    BASIN.

    [(a) Findings.--The Congress finds that:
          [(1) The anadromous stock of striped bass in the 
        Albemarle Sound-Roanoke River Basin area of North 
        Carolina sustained important commercial and 
        recreational fisheries as recently as the 1960's and 
        1970's.
          [(2) This stock has been declining for some time and 
        is severely depressed at present, and may soon reach a 
        level from which recovery will be exceptionally 
        difficult.
          [(3) The reasons for this decline are thought to 
        include fishing; other human activities and 
        environmental factors, such as unsuitable water flow 
        before, during, and after critical spawning periods; 
        degradation of water quality by pollutants; the impact 
        of eutrophication on the food chain, and the impact of 
        changing land use activities.
          [(4) Current Federal and interstate efforts to 
        conserve the Atlantic striped bass, while effective in 
        identifying factors contributing to the decline of 
        other important Atlantic coastal migratory stocks of 
        striped bass and steps that will be effective in 
        reversing that decline, have not made a major 
        contribution to the protection and restoration of the 
        Albemarle Sound-Roanoke River stock of striped bass.
          [(5) Because the striped bass and the aquatic 
        environment of the Albemarle Sound-Roanoke River basin 
        presently are being significantly affected by combined 
        but not fully understood causes, a study should be 
        undertaken to obtain additional biological information 
        to understand the significance of fishing, water flows, 
        and other factors in the decline of the striped bass 
        populations in the Albemarle Sound-Roanoke River basin 
        and, if feasible, develop an effective course of action 
        for restoring these important stocks of striped bass.
    [(b) Study.--
          [(1) In general.--The Director of the United States 
        Fish and Wildlife Service, in consultation with the 
        Assistant Administrator for Fisheries of the National 
        Oceanic and Atmospheric Administration shall--
                  [(A) immediately undertake a biological study 
                of the striped bass fishery resources and 
                habitats of the Albemarle Sound-Roanoke River 
                basin area;
                  [(B) develop short-term and long-term 
                recommendations for Federal and State 
                government agencies for restoring and 
                conserving such resources and habitats; and
                  [(C) submit the results of such study and 
                such recommendations to the Congress and to the 
                States of North Carolina and Virginia as soon 
                as practicable, but not later than 36 months 
                after the date of the enactment of this Act.
          [(2) Contents of the study.--The study conducted 
        under this subsection shall, to the extent existing 
        data are adequate, use such existing data and shall 
        include--
                  [(A) a description of the Albemarle Sound-
                Roanoke River basin area, and an investigation 
                and analysis of theeffects of land and water 
use practices on the striped bass population and habitats of the area;
                  [(B) an investigation and analysis of the 
                abundance and age and geographic distribution 
                of the Albemarle Sound-Roanoke River stock of 
                striped bass, including the amount and 
                geographical location of migration and spawning 
                habitat;
                  [(C) an investigation and analysis of factors 
                that may affect the abundance and age and 
                geographic distribution of the Albemarle Sound-
                Roanoke River stock of striped bass, 
                including--
                          [(i) the extent and causes of 
                        mortality at successive stages in the 
                        life cycle of striped bass, including 
                        mortality due to recreational and 
                        commercial fishing; and
                          [(ii) the combined effects of 
                        pollution and other natural and human 
                        alterations of the physical 
                        environment, including the effects of 
                        water withdrawals, discharges, and 
                        flows, on striped bass migration and 
                        spawning and on the viability and 
                        condition of eggs and larval fish;
                  [(D) an investigation and analysis of the 
                status and effectiveness of current striped 
                bass management measures implemented by State 
                and Federal authorities, including State 
                fishing regulations and Federal fish stocking 
                activities, reservoir management and water flow 
                regulation, and an analysis of whether any 
                additional State or Federal measures would be 
                effective in halting the decline and initiating 
                the recovery of the Albemarle Sound-Roanoke 
                River stock of striped bass; and
                  [(E) a recommendation of whether conservation 
                of the Albemarle Sound-Roanoke River stocks of 
                striped bass could be improved by management of 
                these stocks under the provisions of the 
                Atlantic States Marine Fisheries Commission's 
                Interstate Fisheries Management Plan for 
                Striped Bass and the Atlantic Striped Bass 
                Conservation Act.
    [(c) Participation by State Agencies.--
          [(1) The Director of the North Carolina Division of 
        Marine Fisheries, the Executive Director of the North 
        Carolina Wildlife Resources Commission, the Secretary 
        of the Virginia Department of Natural Resources, and 
        the District Engineer for the Wilmington District of 
        the United States Army Corps of Engineers shall be 
        invited to have their agencies participate in 
        conducting the study and developing recommendations 
        pursuant to subsection (b).
          [(2) To facilitate participation by the agencies 
        referred to in paragraph (1), should they decide to 
        participate, a Memorandum of Understanding will be 
        executed with such officials setting forth the 
        respective responsibilities of the entities involved in 
        conducting the study and developing those 
        recommendations.
    [(d) Consultation.--In carrying out the study under 
subsection (b), the Atlantic States Marine Fisheries 
Commission, other Federal agencies, the Albemarle-Pamlico 
Estuarine Study, DominionResources, Inc./Virginia Power/North 
Carolina Power, affected local governments in North Carolina and 
Virginia, appropriate commercial and recreational fishing interests, 
and other interests shall be consulted, to the maximum extent 
practicable.
    [(e) Authorization of Appropriations.--There is authorized 
to be appropriated the sum of $1,000,000 to carry out the 
requirements of this section. These appropriations will remain 
available until expended.
    [(f) State Authority.--Nothing in this section shall be 
construed as authorizing any State to manage fisheries within 
the jurisdiction of another State.
    [(g) Restriction on Use of Other Funds.--Amounts 
appropriated pursuant to the authorization contained in section 
7(d) of the Anadromous Fish Conservation Act (16 U.S.C. 
757g(d)) shall not be used to carry out this section.

[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-
Stevens 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-Stevens 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) of this section as if such 
regulations or plan were issued under the Magnuson-Stevens 
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-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1802(6)).]

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 FY, 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 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 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 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 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 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.
    (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 FYs 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--
          (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.

                                
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