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Shown Here: Introduced in House (06/28/2007)
110th CONGRESS 1st Session
H. R. 2939
To prohibit the commercial harvesting of Atlantic
blackfish in the coastal waters and the exclusive economic zone, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
June 28, 2007
Mr. Pallone
introduced the following bill; which was referred to the
Committee on Natural
Resources
A BILL
To prohibit the commercial harvesting of Atlantic
blackfish in the coastal waters and the exclusive economic zone, 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 Blackfish Conservation
Act”.
SEC. 2. Prohibition on
commercial harvesting of Atlantic blackfish.
(a) Prohibition.—It
is unlawful to engage in, or to attempt to engage in—
(1) the commercial
harvesting of Atlantic blackfish, popularly known as tautog, in the coastal
waters or in the exclusive economic zone established by Proclamation Numbered
5030, dated March 10, 1983; or
(2) the sale of
Atlantic blackfish taken in violation of paragraph (1) or any part
thereof.
(b) Penalties.—
(1) CIVIL
PENALTY.—Any person who is found by the Secretary of Commerce
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 (a), is liable to the United States for a civil penalty. The amount
of the civil penalty may not exceed $1,000 for each violation. Each day of
continuing violation constitutes a separate offense. The amount of the civil
penalty shall be assessed by the Secretary of Commerce by written notice. In
determining the amount of the penalty, the Secretary of Commerce 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) REVIEW; FAILURE
TO PAY, COMPROMISE, AND SUBPOENAS.—Subsections (b) through (e) of
section 308 of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1858(b)–(e); relating to review of civil penalties; acting upon failure
to pay assessment, compromise, and subpoenas) 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.
(c) Civil
forfeitures.—
(1) 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 the result of, the
commission of any act that is unlawful under subsection (a), is 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) JUDGMENT,
PROCEDURE, AND REBUTTABLE PRESUMPTIONS.—Subsections (c) through
(e) of section 310 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1860(c)–(e); relating to judgment, procedure, and rebuttable
presumptions) shall 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.
SEC. 3. Consequential
effects on existing law.
The
Atlantic States Marine Fisheries Commission shall promptly take action to amend
the Interstate Fisheries Management Plan for Atlantic blackfish, including
addenda thereto as appropriate, to take into account the prohibition
established under section 2.
SEC. 4. Definitions.
As used in this Act:
(1) COASTAL
STATE.—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.
(2) COASTAL
WATERS.—The term “coastal waters” means—
(A) for each coastal
State referred to in paragraph (1)(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.