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.

July 24, 2003

Mr. SAXTON introduced the following bill; which was referred to the Committee on Resources

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«5 North latitude and 35«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.

END