Statement on Signing the
Bill Reauthorizing the Atlantic Striped Bass Conservation Act of 1984
I
am pleased to sign into law enrolled bill H.R. 3358, which extends the
authorization of appropriations contained in the Atlantic Striped Bass
Conservation Act of 1984 and makes certain other changes to that act. This law
will continue the effective Federal enforcement of efforts designed to protect
and conserve the stock of Atlantic striped bass. In signing this legislation, I
note that section 2 preserves in full the discretion of the Secretaries of
Commerce and the Interior to determine whether a State is in compliance with
the interstate fisheries management plan and, therefore, whether a moratorium
should be imposed. While the statute provides that the Secretaries shall
carefully consider the comments of the Atlantic States Fisheries Commission,
the actual determination is theirs to make.
Any
interpretation of the statute that would vest the Atlantic States Fisheries
Commission, a body composed of State officials, with the authority to limit the
exercise of enforcement discretion under Federal law by executive branch
officials would raise a serious constitutional question. I sign this bill with
the understanding that it grants no such authority and that if it were
interpreted in such a restrictive fashion it would contravene the Constitution.
Note: H.R. 3358,
approved October 1, was assigned Public Law No. 99 - 432.