Atlantic Striped Bass Protection Act of 2003 - Directs the Secretary of Commerce to study and report to Congress on data gathered by observers on fishing vessels to: (1) map migratory patterns, wintering areas, and feeding grounds of Atlantic Striped Bass in the waters of the Mid-Atlantic exclusive economic zone; and (2) identify and map locations in which deployed gear caught or discarded Atlantic Striped Bass in excess of ten percent of the target species landed on the same trip.
Requires the Secretary, based on study findings, to promulgate regulations under the Atlantic Striped Bass Conservation Act that establish conservation and management measures to minimize the bycatch and mortality of bycatch of Atlantic Striped Bass caught in non-directed commercial fishing in the Mid-Atlantic exclusive economic zone. Requires such regulations to include temporary closure of any identified location in which there is a particularly high level of Atlantic Striped Bass in non-directed commercial fishing, under which the deployment of net, finfish trap, or longline gear by any vessel fishing under a Federal fishing permit shall be prohibited.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2889 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2889
To direct the Secretary of Commerce to conduct a study of existing and
new fishery observer data to effectively map migratory patterns,
delineate wintering areas and feeding grounds of Atlantic Striped Bass
in the Mid-Atlantic exclusive economic zone, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 24, 2003
Mr. Saxton introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To direct the Secretary of Commerce to conduct a study of existing and
new fishery observer data to effectively map migratory patterns,
delineate wintering areas and feeding grounds of Atlantic Striped Bass
in the Mid-Atlantic 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 Striped Bass Protection Act
of 2003''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To establish measures to minimize bycatch and the
mortality of such bycatch of Atlantic Striped Bass, Morone
saxatilis, occurring in the non-directed fisheries that operate
in the Mid-Atlantic exclusive economic zone and encounter
Atlantic Striped Bass during seasonal migrations.
(2) To direct the Secretary of Commerce to conduct a study
of existing and new fishery observer data, to effectively map
migratory patterns, delineate wintering areas, and feeding
grounds of Atlantic Striped Bass in the Mid-Atlantic exclusive
economic zone.
(3) To delineate areas of highest Atlantic Striped Bass
discard and bycatch associated with mobile net gear on a
seasonal-, spatial-, temporal-, and gear-specific basis in the
waters off the Mid-Atlantic coast of the United States.
(4) To identify, through analysis of historical and
forthcoming at sea observer data, gear types, and fisheries
that experience high levels of Atlantic Striped Bass discard
and bycatch.
(5) To protect the historical opportunities of the
recreational Atlantic Striped Bass fishery, to protect the
various businesses and economic niches that are wholly or
partly dependent upon the recreational Atlantic Striped Bass
fishery, to protect the seasonal aggregations of Atlantic
Striped Bass that occur on wintering feeding grounds, to
protect the seasonal migrations of Atlantic Striped Bass that
occur in the Mid-Atlantic exclusive economic zone, to amass an
understanding of the bycatch of Atlantic Striped Bass in the
non-directed commercial fisheries.
(6) To protect the historical opportunities of the
recreational Striped Bass fishery to ensure the maintenance of
the Atlantic Striped Bass stock and will help achieve the
conservation goals.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Once primarily a coastal, near shore fishery,
increasing numbers of Atlantic Striped Bass are occupying the
Mid-Atlantic exclusive economic zone as management measures
have rebuilt stock levels to unprecedented levels.
(2) Variations in weather and oceanographic patterns have
allowed Atlantic Striped Bass to expand their range farther
offshore into the Mid-Atlantic exclusive economic zone.
(3) Extensive coastal migrations of Atlantic Striped Bass,
which tend to be age- and sex-dependent, occur annually in the
Mid-Atlantic exclusive economic zone.
(4) Atlantic Striped Bass also aggregate on bottom features
that tend to hold forage fish, including herring, mackerel,
menhaden, and utilize these areas as winter-feeding grounds.
(5) These life history characteristics make large numbers
of Atlantic Striped Bass vulnerable to commercial fishing gear.
(6) Commercial fishing efforts coinciding with coastal
migrations of Atlantic Striped Bass and that occur on winter-
feeding grounds is creating a bycatch problem.
(7) A Federal moratorium on harvesting of Atlantic Striped
Bass in the Mid-Atlantic exclusive economic zone was
implemented in 1990 and it imposed possession and harvest
prohibitions by both recreational and commercial fishermen.
This conservation measure contributed to the eventual recovery
of the Atlantic Striped Bass stock and continues to keep
Atlantic Striped Bass fishing mortality rate below the
applicable target. Yet the bycatch problem in the Mid-Atlantic
exclusive economic zone by the non-directed fisheries is having
a negative effect on these benefits and further is in violation
of the national standard set forth in section 301(a)(9) of the
Magnuson-Stevens Fishery Conservation and Management Act.
(8) As the bycatch of Atlantic Striped Bass increases, it
may increase the fishing mortality rate of Atlantic Striped
Bass above the 0.30 target as dictated in Amendment 6 of the
Interstate Fishery Management Plan for Atlantic Striped Bass.
Provisions in Amendment 6 further attempt to increase the
number of larger Atlantic Striped Bass in the population and
develop a fuller age structure. Preliminary reports indicate
that the growing stock of Atlantic Striped Bass in the Mid-
Atlantic exclusive economic zone is largely composed of older
fish, which would compromise the conservation goals of
Amendment 6 which attempts to increase the percentage of the
larger Atlantic Striped Bass. This Act will initiate data
collection to better understand this issue and move forward
with the necessary management measures.
SEC. 4. STUDY OF ATLANTIC STRIPED BASS IN THE MID-ATLANTIC EXCLUSIVE
ECONOMIC ZONE.
(a) In General.--The Secretary of Commerce shall conduct a study--
(1) to use data gathered by observers on fishing vessels to
effectively map migratory patterns, wintering areas, and
feeding grounds of Atlantic Striped Bass in the waters of the
Mid-Atlantic exclusive economic zone--
(A) including--
(i) data from observer trip records from
1992 through 2002; and
(ii) data regarding fisheries using
anchored sink gillnets, drift sink gillnets,
small mesh trawls, large mesh trawls, mid-water
trawls, and pair trawls; and
(B) paying particular attention to trips targeting
monkfish, herring, mackerel, spiny dogfish, weakfish,
croaker, summer flounder, and loligo;
(2) use data referred to in paragraph (1) to--
(A) identify and map, on a spatial and temporal
scale, locations in which deployed gear caught or
discarded Atlantic Striped Bass in excess of 10 percent
of the target species landed on that trip; and
(B) identify gear types that result in catch or
discard of bycatch of Atlantic Striped Bass in excess
of 10 percent of the total of target species landed;
(3) confirm data referred to in paragraph (1), using
observers on--
(A) fishing vessels operating in areas and during
times identified under paragraph (2)(A); and
(B) fishing vessels using gear identified under
paragraph (2)(B).
(b) Report.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Secretary shall submit to the
Congress a report on the findings and conclusions of the study
under this section.
(2) Contents.--The report shall include the following:
(A) The months of the year during which Atlantic
Striped Bass are most abundant in the Mid-Atlantic
exclusive economic zone.
(B) The areas in the Mid-Atlantic exclusive
economic zone that are wintering grounds for Atlantic
Striped Bass.
(C) The areas in the Mid-Atlantic exclusive
economic zone that are feeding grounds for Atlantic
Striped Bass.
(D) The areas in the Mid-Atlantic exclusive
economic zone where the core of the annual coastal
migration of Atlantic Striped Bass is located on a
weekly basis.
(E) The estimated biomass, age structure, and sex
ratio of the annual coastal migration of Atlantic
Striped Bass.
(F) The months each year in which the coastal
migration of Atlantic Striped Bass experiences elevated
levels of bycatch in the non-directed commercial
fisheries.
(G) The gear types that account for the highest
amounts of Atlantic Striped Bass bycatch.
(H) A description of how the actions of the non-
directed Atlantic Striped Bass commercial fisheries in
Mid-Atlantic exclusive economic zone--
(i) affect recreational opportunities in
the fishery; and
(ii) affect the Atlantic Striped Bass stock
as one management unit.
SEC. 5. MANAGEMENT MEASURES.
(a) In General.--Not later than 1 year after the date the Secretary
submits the report under section 4(b), the Secretary shall promulgate
regulations under section 9 of the Atlantic Striped Bass Conservation
Act (16 U.S.C. 1851 note) that are based on the findings of the study
under section 4 of this Act and that establish conservation and
management measures (as that term is used in the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to
minimize the bycatch and mortality of bycatch of Atlantic Striped Bass
caught in non-directed commercial fishing in the Mid-Atlantic exclusive
economic zone.
(b) Temporary Closures.--
(1) In general.--Regulations under this section shall
include temporary closure of any area identified in the study
under section 4 as a location in which there is a particularly
high level of Atlantic Striped Bass in non-directed commercial
fishing, under which the deployment of net, finfish trap, or
longline gear by any vessel fishing under a Federal fishing
permit shall be prohibited.
(2) Duration and location.--The Secretary shall--
(A) base the duration and location of any temporary
closure on the findings of an analysis of observer
data; and
(B) design the period of such closure to coincide
with periods in which there are high levels of Striped
Bass interactions in the exclusive economic zone.
(c) Possession Regulations.--Regulations under this section shall
not affect regulations in effect on the date of the enactment of this
Act under section 9 of the Atlantic Striped Bass Conservation Act (16
U.S.C. 5158) governing possession of Atlantic Striped Bass in the Mid-
Atlantic exclusive economic zone.
SEC. 6. PEER REVIEW.
Before issuing any final report under section 4 or final
regulations under section 5, the Secretary shall submit the report or
regulations, respectively to peer review by the Northeast Fishery
Science Center of the National Marine Fisheries Service.
SEC. 7. DEFINITIONS.
In this Act:
(1) Mid-atlantic exclusive economic zone.--The term ``Mid-
Atlantic exclusive economic zone'' means waters of the
exclusive economic zone along the Atlantic coast of the United
States located between 41 deg.5' North latitude and 35 deg.10'
south latitude.
(2) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term is section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Executive Comment Requested from Commerce.
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