Makes it unlawful to engage, or to attempt to engage, in commercial harvesting of Atlantic menhaden for reduction purposes in Atlantic coastal waters or in the Exclusive Economic Zone (EEZ).
Requires a related report to Congress from the Atlantic States Marine Fisheries Commission, in cooperation with the National Oceanic and Atmospheric Administration (NOAA).
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3841 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3841
To prohibit the commercial harvesting of Atlantic menhaden for
reduction purposes in the coastal waters and the exclusive economic
zone.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 16, 2007
Mr. Gilchrest introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To prohibit the commercial harvesting of Atlantic menhaden for
reduction purposes in the coastal waters and the exclusive economic
zone.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PROHIBITION ON COMMERCIAL HARVESTING OF MENHADEN.
(a) Prohibition.--It is unlawful to engage in, or to attempt to
engage in, the commercial harvesting of Atlantic menhaden for reduction
purposes in the Atlantic coastal waters or in the exclusive economic
zone established by Proclamation Numbered 5030, dated March 10, 1983.
(b) Penalties.--(1) 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) 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.
(c) 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 (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) 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.
(d) Enforcement.--A person authorized by the Secretary of Commerce
or the Secretary of the department in which the Coast Guard is
operating may take any action to enforce this section that an officer
authorized under section 311 of the Magnuson Act (16 U.S.C. 1861) may
take to enforce that Act (16 U.S.C. 1801 et seq.). Either such
Secretary 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.
SEC. 2. ACTION BY ATLANTIC STATES MARINE FISHERIES COMMISSION.
The Atlantic States Marine Fisheries Commission shall promptly take
action to amend the Interstate Fishery Management Plan for Atlantic
Menhaden Amendment 1, dated July 2001, to take into account the
prohibition established under section 2 on the commercial harvesting of
menhaden in coastal waters.
SEC. 3. REPORT.
Not later than 5 years after the date of the enactment of this Act,
the Atlantic States Marine Fisheries Commission, in cooperation with
the National Oceanic and Atmospheric Administration, shall submit to
Congress a report on--
(1) the progress the Commission has made toward
understanding the structure of the Atlantic menhaden population
on the Atlantic Coast of the United States and in the
Chesapeake Bay;
(2) the role of such population as a filter feeder and prey
species for predatory fish in the Chesapeake Bay and in coastal
ecosystems;
(3) the impact on the Atlantic coastal and Chesapeake Bay
ecosystems of commercial harvesting of menhaden for reduction;
and
(4) its recommendations for future sustainable management
of such harvesting.
SEC. 4. COASTAL WATERS DEFINED.
As used in this Act, the term ``coastal waters'' has the meaning
that term has in section 3 of the Atlantic Striped Bass Conservation
Act (Public Law 98-613; 16 U.S.C. 1851 note), as in effect on the date
of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Fisheries, Wildlife, and Oceans.
Subcommittee Hearings Held.
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