[Senate Report 105-149]
[From the U.S. Government Publishing Office]
Calendar No. 285
105th Congress Report
SENATE
1st Session 105-149
_______________________________________________________________________
ATLANTIC STRIPED BASS CONSERVATION ACT AMENDMENTS OF 1997
_______
November 8, 1997.--Ordered to be printed
_______________________________________________________________________
Mr. Chafee, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany H.R. 1658]
The Committee on Environment and Public Works, to which was
referred (H.R. 1658), pursuant to the unanimous consent
agreement on September 2, 1997, 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.
General Statement
Background
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. Conservation efforts must
be well-coordinated to be successful because striped bass pass
through the jurisdiction of several States.
Although striped bass populations have fluctuated since the
Europeans first colonized America, a severe population decline
that began in the 1970s caused serious concern about the
fishery. Commercial striped bass harvests had dropped from 15
million pounds in 1973 to 3.5 million pounds in 1983, a 77
percent decrease. In 1979, Congress responded to the severe
decline of the striped bass populations by authorizing the
Emergency Striped Bass Study as part of the Anadromous Fish
Conservation Act. The study concluded 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.
In 1981, the Atlantic States Marine Fisheries Commission
(ASMFC) adopted an interstate fishery management plan for the
Atlantic striped bass to reduce harvest pressure on the
species. In 1984, Congress enacted the Atlantic Striped Bass
Conservation Act (Striped Bass Act) to promote a coordinated
Federal-State partnership for striped bass management by
requiring that States fully comply with the striped bass
fishery management plan developed by the ASMFC. 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 amended and extended in
1986, 1988, and 1991. The authorization for the Act expired at
the end of fiscal year 1994. Several attempts to reauthorize
the Striped Bass Act have been made since 1994, most recently
with S. 776 in the 104th Congress, which was favorably reported
by both the Committee on Commerce, Science, and Transportation
and the Committee on Environment and Public Works.
As a result of efforts to protect striped bass through the
Federal-State partnership created under the Striped Bass Act,
populations have rebounded dramatically. The ASMFC declared
striped bass stocks recovered as of January 1, 1995, and
adopted a new management plan that became effective May 9,
1995. This plan phased in an increase in the fishing mortality
target, thereby allowing States to increase their harvest
limits. Atlantic striped bass stocks have continued to improve.
Objectives of the Legislation
This legislation addresses several issues. First, it
extends authorization of appropriations through fiscal year
2000 for implementation of the law by the Fish and Wildlife
Service and the National Marine Fisheries Service. The Striped
Bass Act is only reauthorized until fiscal year 2000 so that it
can be considered concurrently with the Atlantic Coastal
Fisheries Cooperative Management Act, which expires in 2000.
Second, H.R. 1658 authorizes continued studies of the striped
bass population. The bill modifies the requirements for future
studies in response to the improvements in the fish populations
and to attain appropriate information. The bill also makes
technical corrections to eliminate duplicate provisions and
repeals outdated provisions.
Section-by-Section Analysis
Section 1. Short Title
Section 1 designates the bill as the ``Atlantic Striped
Bass Conservation Act Amendments of 1997''.
Section 2. Reauthorization and amendment of Atlantic Striped Bass
Conservation Act
Section 2 amends the Atlantic Striped Bass Conservation Act
of 1984 by substituting a revised version. The specific
differences between the existing Act and H.R. 1658 are as
follows:
Sec. 2. Findings and purposes
Current law refers to the large decline in striped bass
populations that led to the enactment of the Striped Bass Act.
The findings, as modified by H.R. 1658, reflect that the
striped bass populations are no longer depleted, but that
Federal measures are still necessary to provide for effective
interjurisdictional management of the fishery.
Sec. 3. Definitions
Changes to this section update certain terms and
consolidate definitions from other sections. In current law,
the definition of ``Plan'' references a now obsolete fishery
management plan. H.R. 1658 clarifies this definition.
Definitions of ``moratorium area'' and ``moratorium period''
are moved to this section from other sections of the Striped
Bass Act. The definitions of ``Secretary'' and ``Secretaries''
are modified to make clear that the Secretaries of Commerce and
the Interior are authorized to delegate their responsibilities
under the Striped Bass Act to other agency officials. In
addition, the bill includes a definition of the ``exclusive
economic zone.''
Sec. 4. Monitoring of implementation and enforcement by coastal States
Section 4(b) in current law requires the Secretaries of
Commerce and the Interior to declare a moratorium on fishing
for the Atlantic striped bass within the waters of a State that
they find to be out of compliance with the fishery management
plan. This requirement is moved to section 5(a), as it relates
specifically to the moratorium.
Sec. 5. Moratorium
As noted above, section 5(a) in current law, containing the
definitions of ``moratorium area'' and ``moratorium period,''
is moved to section 3.
Subsections (c) and (d) in the bill modify current law to
make it consistent with the Atlantic Coastal Fisheries
Cooperative Management Act. This is not intended to effect the
Secretaries enforcement of the Act.
H.R. 1658, as reported by the House, excluded the Secretary
of the Interior from section 5(d) and 5(e). The committee
adopted an amendment during its business meeting to include the
Secretary of the Interior, consistent with current law in those
subsections. The Secretary of the Interior plays an important
role in monitoring landings and, thereby, enforcing the Act.
Sec. 6. Continuing studies of striped bass populations
This section unifies existing authorization for studies of
striped bass into one authorization and modifies its objectives
to reflect current issues in the striped bass fisheries. In
addition, it requires the Secretaries of Commerce and the
Interior to issue reports on the results of these studies
biennially instead of annually, as in current law.
The socio-economic study authorized in H.R. 1658 will look
at both the commercial and recreational striped bass fisheries.
In doing so, the study should take into consideration the
considerable variability among States in how they divide their
total allowable catch between recreational and commercial
striped bass fishers. This study should be closely coordinated
with, and rely on funding for, the annual collection and
analysis of economic data through the Recreational Fishing
Information Network (RECFIN) program, which is funded through
appropriations for the Department of Commerce. Economic data
collected for the RECFIN program will be taken into
consideration when calculating the recreational aspect of the
study.
Sec. 7. Authorization of appropriations; cooperative agreements
This section of the reported bill authorizes the
appropriation of $1,050,000 to implement the Act for each of
fiscal years 1998, 1999 and 2000, of which $250,000 would go to
the Secretary of the Interior and $800,000 would go to the
Secretary of Commerce. The existing Act authorized ``such sums
as may be necessary or appropriate'' through fiscal year 1994.
Sec. 8. Public participation in preparation of management plans and
amendments
This section replaces section 8 of current law, which
contains a one-time reporting requirement that was fulfilled in
1985. It adds a new requirement for public participation in the
development of striped bass management plans. This change would
make the Striped Bass Act consistent with 805(a)(2) and (3) of
the Atlantic Coastal Fisheries Cooperative Management Act's
standards and procedures. The Atlantic Coastal Fisheries
Cooperative Management Act requires, at a minimum, four public
hearing and the opportunity to submit written comments during
the plan preparation.
Sec. 9. Protection of striped bass in the exclusive economic zone
H.R. 1658 changes some of the requirements upon the
Secretary in promulgating regulations governing fishing for
Atlantic striped bass in the exclusive economic zone (EEZ).
Subsection (a) (1) is the same as existing law, and provides
that the Secretary determine that the regulations are
consistent with the national standards in section 301 of the
Magnuson Act. Subsection (a) (2) provides that the Secretary
determine that the regulations are compatible with the Plan and
any Federal moratorium in effect. This standard is based on the
Atlantic Coastal Fisheries Cooperative Management Act.
Subsection (a) (3) provides that the Secretary determine that
the regulations ensure the effectiveness of State regulations
on striped bass fishing. This standard is similar to existing
law, which provides that the Secretary determine regulations to
be necessary and appropriate to ensure the effectiveness of
State regulations and any moratorium on striped bass fishing.
Subsection (a) (4) provides that the Secretary determine that
the regulations are sufficient to assure the long-term
conservation of striped bass populations. This standard has
been modified to reflect the improved status of striped bass
populations. While these requirements govern regulations
regarding fishing in the EEZ, the National Marine Fisheries
Service has indicated that, at this time, it has no intention
of promulgating regulations before 2000, when the Striped Bass
Act is next up for reauthorization.
Section 3. Repeals
Section 3 of the reported bill repeals three sections of
the Striped Bass Act or the Anadromous Fish Conservation Act
that are either outdated or have been integrated into the
Atlantic Striped Bass Conservation Act by H.R. 1658 as reported
by the committee.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes evaluation of
the regulatory impact of the reported bill. The reported bill
will have no regulatory impact. This bill will not have any
adverse impact on the personal privacy of individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that H.R. 1658 would
impose no Federal intergovernmental unfunded mandates on State,
local, or tribal governments. All of its governmental
directives are imposed on Federal agencies. The bill does not
directly impose any private sector mandates.
Legislative History
H.R. 1658 was received by the Senate from the House on July
9, 1997 and referred to the Committee on Commerce, Science, and
Transportation. At a business meeting on October 8, 1997, the
Committee on Commerce, Science, and Transportation ordered the
bill favorably reported by voice vote with an amendment by
Senator Snowe. Consistent with a consent agreement made on
September 2, 1997, H.R. 1658 was sequentially referred to the
Committee on Environment and Public Works for a period not to
exceed 20 session days. On Wednesday, October 29, 1997, the
Committee on Environment and Public Works held a business
meeting to consider the provisions of H.R. 1658. Senator Chafee
offered an amendment, which was adopted by voice vote, to
include the Secretary of the Interior in the enforcement
provision in section 5 of the bill. H.R. 1658, as amended, was
ordered favorably reported by voice vote.
Hearings
During the 105th Congress, the committee did not hold
hearings on H.R. 1658. During the 104th Congress, however, on
December 12, 1995, the Committee on Environment and Public
Works held a hearing on S. 776, reauthorizing the Atlantic
Striped Bass Conservation Act and the Anadromous Fish
Conservation Act (S. Hrg. 104-467).
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 7, 1997.
Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works,
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) who can be reached at 226-2860, and
Marjorie Miller (for the State and local impact), who can be
reached at 225-3220.
Sincerely,
June E. O'Neill
----------
Congressional Budget Office Cost Estimate
Alantic Striped Bass Conservation Act Amendments of 1997 (H.R.
1658): As ordered reported by the Senate Committee on
Environment and Public Works on October 29, 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 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. The costs of the Act fall within budget
function 300 (natural resources and environment).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
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 S. 1658:
Authorization level \1\............................... 1 1 1 1 0 0
Estimated Outlays..................................... 1 1 1 1 0 0
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 level is the amount appropriated for that year.
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. 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 appropriated ($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 Estimates
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. On October 9, 1997, CBO provided a cost
estimate for H.R. 1658 as ordered reported by the Senate
Committee on Commerce, Science, and Transportation on October
8, 1997. The three versions of H.R. 1658 are nearly identical,
and the estimated costs of the three versions are the same.
Estimate prepared by: Federal Costs: Gary Brown (226-2860)
impact on State, Local, and Tribal Governments: Marjorie Miller
(225-3220).
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
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):
[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 fiscal year 1987, and of each
fiscal year 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 fiscal years 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 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 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 the effects 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 Albermarle 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 Albermarle-Pamlico
Estuarine Study, Dominion Resources, 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 fiscal year, and
at any other time it deems necessary the Commission shall
determine--
(1) whether each coastal State has adopted all
regulatory measures necessary to fully implement the
Plan in its coastal waters; and
(2) whether the enforcement of the Plan by each
coastal State is satisfactory.
(b) Satisfactory State Enforcement--For purposes of
subsection (a)(2), enforcement by a coastal State shall not be
considered satisfactory by the Commission if, in its view, the
enforcement is being carried out in such a manner that the
implementation of the Plan within the coastal waters of the
State is being, or will likely be, substantially and adversely
affected.
(c) Notification of Secretaries--The Commission shall
immediately notify the Secretaries of each negative
determination made by it under subsection (a).
SEC. 5. MORATORIUM.
(a) Secretarial Action after Notification.--Upon receiving
notice from the Commission under section 4(c) of a negative
determination regarding a coastal State, the Secretaries shall
determine jointly, within thirty days, whether that coastal
State is in compliance with the Plan and, if the State is not
in compliance, the Secretaries shall declare jointly a
moratorium on fishing for Atlantic striped bass within the
coastal waters of that coastal State. In making such a
determination, the Secretaries shall carefully consider and
review the comments of the Commission and that coastal State in
question.
(b) Prohibited Acts During Moratorium.--During a moratorium
period, it is unlawful for any person--
(1) to engage in fishing within the moratorium area;
(2) to land, or attempt to land, Atlantic striped
bass that are caught, taken, or harvested in violation
of paragraph (1);
(3) to land lawfully harvested Atlantic striped bass
within the boundaries of a coastal State when a
moratorium declared under subsection (a) applies to
that State; or
(4) to fail to return to the water Atlantic striped
bass to which the moratorium applies that are caught
incidental to harvesting that occurs in the course of
commercial or recreational fish catching activities,
regardless of the physical condition of the striped
bass when caught.
(c) Civil Penalties.--
(1) Civil penalty.--Any person who commits any act
that is unlawful under subsection (b) shall be liable
to the United States for a civil penalty as provided by
section 308 of the Magnuson Act (16 U.S.C. 1858).
(2) Civil forfeitures.--
(A) In general.--Any vessel (including its
gear, equipment, appurtenances, stores, and
cargo) used, and any fish (or the fair market
value thereof) taken or retained, in any
manner, in connection with, or as the result
of, the commission of any act that is unlawful
under subsection (b) shall be subject to
forfeiture to the United States as provided in
section 310 of the Magnuson Act (16 U.S.C.
1860).
(B) Disposal of fish.--Any fish seized
pursuant to this Act may be disposed of
pursuant to the order of a court of competent
jurisdiction, or, if perishable, in a manner
prescribed in regulations.
(d) Enforcement.--A person authorized by the [Secretary]
Secretaries or the Secretary of the department in which the
Coast Guard is operating may take any action to enforce a
moratorium declared under subsection (a) that an officer
authorized by the Secretary under section 311(b) of the
Magnuson Act (16 U.S.C. 1861(b)) may take to enforce that Act
(16 U.S.C. 1801 et seq.). The [Secretary] Secretaries may, by
agreement, on a reimbursable basis or otherwise, utilize the
personnel, services, equipment (including aircraft and
vessels), and facilities of any other Federal department or
agency and of any agency of a State in carrying out that
enforcement.
(e) Regulations.--The [Secretary] Secretaries may issue
regulations to implement this section.
SEC. 6. CONTINUING STUDIES OF STRIPED BASS POPULATIONS.
(a) In General.--For the purposes of carrying out this Act,
the Secretaries shall conduct continuing, comprehensive studies
of Atlantic striped bass stocks. These studies shall include,
but shall not be limited to, the following:
(1) Annual stock assessments, using fishery-dependent
and fishery-independent data, for the purposes of
extending the long-term population record generated by
the annual striped bass study conducted by the
Secretaries before 1994 and understanding the
population dynamics of Atlantic striped bass.
(2) Investigations of the causes of fluctuations in
Atlantic striped bass populations.
(3) Investigations of the effects of water quality,
land use, and other environmental factors on the
recruitment, spawning potential, mortality, and
abundance of Atlantic striped bass populations,
including the Delaware River population.
(4) Investigations of--
(A) the interactions between Atlantic striped
bass and other fish, including bluefish,
menhaden, mackerel, and other forage fish or
possible competitors, stock assessments of
these species, to the extent appropriate; and
(B) the effects of interspecies predation and
competition on the recruitment, spawning
potential mortality, and abundance of Atlantic
striped bass.
(b) Socio-Economic Study.--The Secretaries, in consultation
with with the Atlantic States Marine Fisheries Commission,
shall conduct a study of the socio-economic benefits of the
Atlantic striped bass resource. The Secretaries shall issue a
report to the Congress concerning the findings of this study no
later than September 30, 1998.
(c) Reports.--The Secretaries shall make biennial reports to
the Congress and to the Commission concerning the progress and
findings of studies conducted under subsection (a) and shall
make those reports public. Such reports shall, to the extent
appropriate, contain recommendations of actions which could be
taken to encourage the sustainable management of Atlantic
striped bass.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS.
(a) Authorization.--For each of fiscal years 1998, 1999, and
2000, there are authorized to be appropriated to carry out this
Act--
(1) $800,000 to the Secretary of Commerce; and
(2) $250,000 to the Secretary of the Interior.
(b) Cooperative Agreements.--The Secretaries may enter into
cooperative agreements with the Atlantic States Marine
Fisheries Commission or with States, for the purpose of using
amounts appropriated pursuant to this section to provide
financial assistance for carrying out the purposes of this Act.
SEC. 8. PUBLIC PARTICIPATION IN PREPARATION OF MANAGEMENT PLANS AND
AMENDMENTS.
(a) Standards and Procedures.--In order to ensure the
opportunity for public participation in the preparation of
management plans and amendments to management plans for
Atlantic striped bass, the Commission shall prepare such plans
and amendments in accordance with the standards and procedures
established under section 805(a)(2) of the Atlantic Coastal
Fisheries Cooperative Management Act.
(b) Application.--Subsection (a) shall apply to management
plans and amendments adopted by the Commission after the 6-
month period beginning on the date of enactment of the Atlantic
Striped Bass Conservation Act Amendments of 1997.
SEC. 9. PROTECTION OF STRIPED BASS IN THE EXCLUSIVE ECONOMIC ZONE.
(a) Regulation of Fishing in Exclusive Economic Zone.--The
Secretary shall promulgate regulations governing fishing for
Atlantic striped bass in the exclusive economic zone that the
Secretary determines--
(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.