[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.

                             
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