ATLANTIC STRIPED BASS CONSERVATION ACT [Public Law 98–613, Approved Oct. 31, 1984, 98 Stat. 2187; 16 U.S.C. 1851 note] [Amended through Public Law 106-555, Dec. 21, 2000) AN ACT To provide for the conservation and management of Atlantic striped bass, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Atlantic Striped Bass Conservation Act". 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 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 ŠTATE 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 30 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 DURING MORATORIUM.-During moratorium period, it is unlawful for any person— a (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 75-297 D-01--17 |