[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 2134 Referred in Senate (RFS)]
103d CONGRESS
1st Session
H. R. 2134
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3 (legislative day, June 30), 1993
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To improve the conservation and management of interjurisdictional
fisheries along the Atlantic coast by providing for greater cooperation
among the States in implementing conservation and management programs,
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 Coastal Fisheries
Cooperative Management Act of 1993''.
SEC. 2. STATE-FEDERAL COOPERATION IN ATLANTIC COASTAL FISHERIES
MANAGEMENT.
(a) Federal Support for State Coastal Fisheries Programs.--The
Secretaries shall develop and implement a program to support the
fisheries management programs of the Commission. The program shall
include elements to support and enhance State cooperation in--
(1) collection, management, and analysis of fisheries data;
(2) law enforcement;
(3) habitat conservation;
(4) fisheries research, including biological and
socioeconomic research; and
(5) fishery management planning.
(b) Federal Regulations Pertaining to an Atlantic Ocean Fishery
Covered by an Interstate Fishery Management Plan.--
(1) In general.--The Secretary, after consultation with the
Councils having jurisdiction over fisheries to which an
interstate fishery management plan applies, may prescribe
regulations to govern fishing in the exclusive economic zone
that are necessary to support the effective implementation of
the interstate fishery management plan adopted for a fishery
for which no Federal fishery management plan is in effect.
These regulations may include measures recommended by the
Commission that are necessary to support the provisions of the
interstate fishery management plan for that fishery.
(2) Superseding regulations.--Regulations issued by the
Secretary to implement a Federal fishery management plan for a
fishery shall supersede regulations issued by the Secretary
under this section for that fishery.
(3) Enforcement.--The provisions of sections 307, 308, 309,
310, and 311 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861)
regarding prohibited acts, civil penalties, criminal offenses,
civil forfeitures, and enforcement shall apply with respect to
regulations prescribed under this section.
SEC. 3. ADOPTION AND IMPLEMENTATION OF INTERSTATE FISHERY MANAGEMENT
PLANS.
(a) Adoption of Plans.--
(1) In general.--The Commission shall prepare and adopt
fishery management plans or amendments to fishery management
plans in accordance with this section to provide for the
conservation and management of coastal fishery resources.
(2) Consultation.--In preparing a fishery management plan
or amendment, the Commission shall consult with the appropriate
Councils to determine ways Federal fishery management plans and
interstate fishery management plans may complement each other.
(3) Contents.--Each fishery management plan or amendment
prepared under this subsection shall--
(A) contain information regarding the status of the
coastal fishery resources and fisheries covered by the
plan or amendment;
(B) identify each State that is required to
implement and enforce the plan or amendment;
(C) specify actions to be taken by States to
implement and comply with the plan or amendment; and
(D) recommend actions for the Secretary to take in
the exclusive economic zone to conserve and manage the
fishery resources and fisheries covered by the plan or
amendment.
(4) Time frame for implementation and enforcement by
states.--
(A) In general.--Except as provided in subparagraph
(B), a State that is identified in an interstate
fishery management plan pursuant to paragraph (3)(B)
shall implement and enforce the plan within the time
established in the plan.
(B) Existing plans.--Not later than 90 days after
the date of the enactment of this Act, the Commission
shall develop a schedule for States to implement and
enforce of interstate fishery management plans adopted
by the Commission before the date of the enactment of
this Act. The schedule shall require each State with a
declared interest in a plan to implement and enforce
that plan within 1 year after the date of the enactment
of this Act.
(5) Adoption of standards and procedures for the
preparation of interstate fishery management plans.--Within 1
year after the date of enactment of this Act, the Commission
shall establish standards and procedures to govern the
preparation of interstate fishery management plans under this
Act, including standards and procedures to ensure that--
(A) such plans promote the conservation of fish
stocks throughout their ranges and are based on the
best scientific information available, and
(B) the Commission provides adequate opportunity
for public participation in the plan preparation
process.''.
(b) Commission Monitoring of State Implementation and
Enforcement.--Within 1 year after the date of the enactment of this Act
and at least annually thereafter, the Commission shall--
(1) review each interstate fishery management plan and
determine whether each State which has declared an interest in
the plan, or that is required under the plan to implement and
enforce the plan, has implemented and enforced the plan; and
(2) submit a report on the results of that review to the
Secretaries.
SEC. 4. STATE NONCOMPLIANCE WITH INTERSTATE FISHERY MANAGEMENT PLANS.
(a) Determination.--The Commission shall determine that a State is
not in compliance with an interstate fishery management plan if it
finds that the State has not implemented and enforced the plan within
the period established under section 3(a)(4).
(b) Notification.--If the Commission determines under subsection
(a) that a State is not in compliance with an interstate fishery
management plan, the Commission shall notify the Secretaries of that
determination within 10 working days. The notification shall include
the reasons for making the determination and specify an explicit list
of actions that the affected State must take to comply with the
interstate fishery management plan. The Commission shall provide a copy
of the notification to the State.
(c) Monitoring; Withdrawal of Determination.--After making a
determination under subsection (a) regarding a State, the Commission
shall continue to monitor implementation and enforcement of the plan by
the State. On finding that a State has taken all actions specified in
the notification issued under subsection (b), the Commission shall
promptly notify the Secretaries that the State is in compliance.
SEC. 5. SECRETARIAL ACTION.
(a) Secretarial Review of Commission Determination of
Noncompliance.--Within 30 days after receiving a notification regarding
a State from the Commission under section 4(b), the Secretary, in
consultation with the Secretary of the Interior, shall review the
Commission's determination of noncompliance and determine whether--
(1) the State has failed to implement and enforce the
interstate fishery management plan in question;
(2) the measures which the State has failed to implement
and enforce are necessary to conserve and manage the fishery in
question; and
(3) in the case of an interstate fishery management plan
adopted after January 1, 1995, the plan in question was
prepared under the standards and procedures required to be
established by the Commission under section 3(a)(5).
(b) Comments.--In making a determination under subsection (a), the
Secretary shall--
(1) give careful consideration to the comments of the State
that the Commission has determined under section 4(a) is not in
compliance with an interstate fishery management plan, and
provide that State, upon request, the opportunity to meet with
and present its comments directly to the Secretary; and
(2) solicit, review, and consider the comments of the
Commission and the appropriate councils.
(c) Declaration of Moratorium.--On determining under subsection (a)
that a State has failed to implement and enforce an interstate fishery
management plan, the Secretary shall declare a moratorium on fishing
for the species covered by the plan within the waters of that State.
The Secretary shall establish the effective date of the moratorium to
commence at any time within 6 months following the declaration.
(d) Suspension of Moratorium.--On notification by the Commission
under section 4(c) that a State is in compliance with an interstate
fishery management plan, the Secretary shall terminate the moratorium
declared under subsection (c) affecting fish species covered by that
plan.
(e) Regulations.--
(1) In general.--The Secretary shall prescribe regulations
necessary to implement this Act.
(2) Content.--These regulations--
(A) may provide for the possession and use of fish
which have been produced in an aquaculture operation,
subject to applicable State regulations; and
(B) shall allow for the retention of fish that are
subject to a moratorium declared under subsection (c)
and unavoidably taken as incidental catch in fisheries
directed toward menhaden, if--
(i) discarding the retained fish is
impracticable;
(ii) the retained fish do not constitute a
significant portion of the catch of the vessel;
and
(iii) the retention of the fish will not,
in the judgment of the Secretary, adversely
affect the conservation of the species of fish
retained.
(f) Prohibited Acts During Moratorium.--During a moratorium a
person may not--
(1) engage in fishing for a species of fish subject to a
moratorium within waters of the State subject to the
moratorium;
(2) land, attempt to land, or possess fish that are caught,
taken, or harvested in violation of the moratorium, this Act,
or any regulation promulgated under this Act;
(3) fail to return to the water immediately, with a minimum
of injury, any fish subject to a moratorium taken in waters of
a State under a moratorium incidental to fishing for species
other than those to which the moratorium applies, except as
provided by regulations prescribed under subsection (e);
(4) land, within a State that is subject to a moratorium,
any fish subject to a moratorium, regardless of where it was
caught;
(5) refuse to permit an authorized officer to board a
fishing vessel to conduct a search or inspection in connection
with the enforcement of this Act;
(6) forcibly assault, resist, oppose, impede, intimidate,
or interfere with an authorized officer attempting to conduct a
search or inspection under this Act;
(7) resist a lawful arrest for an act prohibited by this
section;
(8) ship, transport, offer for sale, sell, purchase,
import, or have custody, control, or possession of, fish taken
or possessed in violation of this Act; or
(9) interfere with, delay, or prevent, by any means, the
apprehension or arrest of a person, knowing that person has
committed any act prohibited by this section.
(g) Penalties.--
(1) Civil penalty.--A person violating subsection (f) of
this section shall be liable to the United States for a civil
penalty as provided by section 308 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1858). Subsections
(b) through (e) of section 308 of the Magnuson Fishery
Conservation and Management Act apply to persons assessed a
penalty under this paragraph.
(2) Criminal penalties.--A person violating subsection
(f)(5), (6), (7), or (9) is guilty of an offense punishable
under subsections (a)(1) and (b) of section 309 of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1859).
(h) Civil Forfeitures.--
(1) Forfeiture.--A vessel (including its gear, equipment,
appurtenances, stores, and cargo) used in connection with an
act unlawful under subsection (f), 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 an act
prohibited under subsection (f), shall be subject to forfeiture
to the United States as provided in section 310 of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1860).
(2) Disposal of fish.--Any fish seized pursuant to this Act
may be disposed of under an order of a court of competent
jurisdiction or, if perishable, in a manner provided by
regulation prescribed by the Secretary.
(i) Enforcement.--A moratorium declared under subsection (c) shall
be enforced by the Secretaries and the Secretary of the Department in
which the Coast Guard is operating, as provided in section 311 of the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1861 et
seq.). The Secretaries may, by agreement, on a reimbursable basis or
otherwise, use 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.
SEC. 6. FINANCIAL ASSISTANCE.
The Secretaries may provide financial assistance to the Commission
and to the States to carry out their respective responsibilities under
this Act, including--
(1) the preparation, implementation, and enforcement of
interstate fishery management plans; and
(2) State activities that are specifically required in
interstate fishery management plans.
SEC. 7. DEFINITIONS.
For the purposes of this Act, the term--
(1) ``coastal fishery resource'' means any species of fish
that move among, or are broadly distributed across--
(A) waters under the jurisdiction of 2 or more
States that border the Atlantic Ocean; or
(B) waters under the jurisdiction of any State that
borders the Atlantic Ocean and waters of the exclusive
economic zone;
(2) ``Commission'' means the Atlantic States Marine
Fisheries Commission constituted under the interstate compact
consented to and approved by the Congress in the Acts of May 4,
1942 (56 Stat. 267), and August 19, 1950 (64 Stat. 467);
(3) ``Councils'' means the Regional Fishery Management
Councils established under section 302 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1852) with
jurisdiction over fisheries in the Atlantic Ocean;
(4) ``exclusive economic zone'' means that portion in the
Atlantic Ocean of the exclusive economic zone established by
Presidential Proclamation Number 5030, dated March 10, 1983;
(5) ``Federal Fishery management plan'' means a fishery
management plan prepared by a Council or the Secretary under
the Magnuson Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.);
(6) ``fish'' means finfish, mollusks, crustaceans, and all
other forms of marine animal life other than marine mammals and
birds;
(7) ``fishery'' has the meaning given that term in section
3 of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1802);
(8) ``fishing'' has the meaning given that term in section
3 of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1802);
(9) ``implement and enforce'' means the enactment or
adoption laws, regulations, or rules as required to--
(A) comply with the provisions of an interstate
fishery management plan; and
(B) assure compliance with such laws, regulations,
or rules by persons participating in a fishery that is
subject to such plans;
(10) ``interstate fishery management plan'' means--
(A) a fishery management plan or amendment adopted
by the Commission under section 3; or
(B) a fishery management plan or amendment for
managing a coastal fishery resource adopted by the
Commission before the date of the enactment of this
Act;
(11) ``Secretaries'' means the Secretary of Commerce and
the Secretary of the Interior;
(12) ``Secretary'' means the Secretary of Commerce; and
(13) ``State'' means each of Maine, New Hampshire,
Massachusetts, Rhode Island, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina, Georgia, Florida, the District of Columbia, and
the Potomac River Fisheries Commission.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretaries for the
purposes of carrying out the provisions of this Act $2,000,000 for each
of the fiscal years 1994, 1995, and 1996.
Passed the House of Representatives August 2, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 2134 RFS----2