Page:United States Statutes at Large Volume 111 Part 3.djvu/586

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Ill STAT. 2674 PUBLIC LAW 105-146—DEC. 16, 1997 taken appropriate remedial action with respect to those matters that were the case of the moratorium being declared. "(10) The term 'Plan' means a plan for managing Atlantic striped bass, or an amendment to such plan, that is prepared and adopted by the Commission. "(11) The term 'Secretary' means the Secretary of Commerce or a designee of the Secretary of Commerce. "(12) The term 'Secretaries' means the Secretary of Commerce and the Secretary of the Interior or their designees. "SEC. 4. MONITORING OF IMPLEMENTATION AND ENFORCEMENT BY COASTAL STATES. "(a) DETERMINATION. —During December of each fiscal year, and at any other time it deems necessary the Commission shall determine— "(1) whether each coastal State has adopted all regulatory measures necessary to fully implement the Plan in its coastal waters; and "(2) whether the enforcement of the Plan by each coastal State is satisfactory. "(b) SATISFACTORY STATE ENFORCEMENT. —For purposes of subsection (a)(2), enforcement by a coastal State shall not be considered satisfactory by the Commission if, in its view, the enforcement is being carried out in such a manner that the implementation of the Plan within the coastal waters of the State is being, or will likely be, substantially and adversely affected. "(c) NOTIFICATION OF SECRETARIES.—The Commission shall immediately notify the Secretaries of each negative determination made by it under subsection (a). "SEC. 5. MORATORIUM. " (a) SECRETARIAL ACTION AFTER NOTIFICATION.— Upon receiving notice from the Commission under section 4(c) of a negative determination regarding a coastal State, the Secretaries shall determine jointly, within 30 days, whether that coastal State is in compliance with the Plan and, if the State is not in compliance, the Secretaries shall declare jointly a moratorium on fishing for Atlantic striped bass within the coastal waters of that coastal State. In making such a determination, the Secretaries shall carefully consider and review the comments of the Commission and that coastal State in question. " (b) PROHIBITED ACTS DURING MORATORIUM.— During a moratorium period, it is unlawful for any person— "(1) to engage in fishing within the moratorium area; "(2) to land, or attempt to land, Atlantic striped bass that are caught, taken, or harvested in violation of paragraph (1); "(3) to land lawfully harvested Atlantic striped bass within the boundaries of a coastal State when a moratorium declared under subsection (a) applies to that State; or "(4) to fail to return to the water Atlantic striped bass to which the moratorium applies that are caught incidental to harvesting that occurs in the course of commercial or recreational fish catching activities, regardless of the physical condition of the striped bass when caught. "(c) CIVIL PENALTIES.— "(1) CIVIL PENALTY.— Any person who commits any act that is unlawful under subsection (b) shall be liable to the