Order Code IB10074
Issue Brief for Congress
Received through the CRS Web
Fishery, Aquaculture, and Marine Mammal
Legislation in the 107th Congress
Updated July 9, 2002
Eugene H. Buck
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress

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CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
Commercial and Sport Fisheries: Background and Issues
Magnuson Act Reauthorization
Pacific Salmon
Other Miscellaneous Issues
Aquaculture: Background and Issues
Miscellaneous Issues
Marine Mammals: Background and Issues
Marine Mammal Protection Act Reauthorization
Other Miscellaneous Issues
NOAA Fisheries Appropriations
LEGISLATION

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Fishery, Aquaculture, and Marine Mammal Legislation
SUMMARY
Fish and marine mammals are important
Dungeness crab, requires a report on efforts
resources in the open ocean and nearshore
to expand the promotion, marketing, and
coastal areas. A diverse body of laws and
purchasing of pouched and canned salmon
regulations guides the management of these
harvested and processed in the United States,
resources by a multitude of federal agencies.
authorizes a feasibility study of fish passage at
Chiloquin Dam, OR, authorizes the waiver of
Reauthorization of major legislation in
state fishing regulations at military facilities,
this issue area — the Magnuson-Stevens
and extends the interstate compact relating to
Fishery Conservation and Management Act
Atlantic salmon restoration for 20 years.
(MSFCMA) and the Marine Mammal Protec-
tion Act (MMPA) — is on the agenda of the
Aquaculture — the farming of fish,
107th Congress, since the authorization of
shellfish, and other aquatic animals and plants
appropriations for both laws expired at the end
in a controlled environment — is expanding
of FY1999. In the 107th Congress, oversight
rapidly, both in the United States and abroad.
hearings have been held and reauthorization
In the United States, important species cul-
bills introduced in the House --- H.R. 2570
tured include catfish, salmon, crawfish, shell-
and H.R. 4749 on the MSFCMA, and H.R.
fish, and trout. Legislation related to
4781 on the MMPA. No reauthorization bills
aquaculture enacted by the 107th Congress
have been reported.
extends authorization for aquaculture research
facilities, reauthorizes the National Aquacul-
Commercial and sport fishing are jointly
ture Act, defines what fish may be labeled and
managed by the federal government and indi-
advertized as catfish, and requires the labeling
vidual states. States manage fishery resources
of both farm-raised and wild fish as to country
in inshore waters where 30% to 40% of the
of origin and to distinguish between wild and
annual U.S. commercial harvest is taken.
farm-raised fish.
Beyond state jurisdiction and out to 200 miles,
the federal government manages fisheries
Marine mammals are provided extensive
under the authority of the MSFCMA through
protection under the MMPA. This Act autho-
the actions of eight regional fishery manage-
rizes restricted use (“take”) of marine mam-
ment councils. Beyond 200 miles, the United
mals and addresses specific situations of
States participates in a multitude of interna-
concern, such as dolphin mortality primarily
tional agreements relating to specific areas or
associated with the eastern tropical Pacific
species.
tuna fishery.
Legislation related to commercial and
Legislation enacted by the 107th Congress
sport fisheries enacted so far by the 107th
related to marine mammals requires the Na-
Congress provides funding for capacity reduc-
tional Park Service to prepared an environ-
tion programs for New England fisheries,
mental impact statement on vessel entries to
modifies terms of the American Fisheries Act,
Glacier Bay National Park to assess possible
extends state authority to manage West Coast
impacts on whale populations.
Congressional Research Service ˜ The Library of Congress

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MOST RECENT DEVELOPMENTS
On July 10, 2002, the House Resources Committee is scheduled to resume marking up
H.R. 4749, reauthorization of the Magnuson-Stevens Fishery Conservation and Management
Act. On June 27, 2002, the House Resources Subcommittee on Fisheries Conservation,
Wildlife, and Oceans held an oversight hearing on the Coral Reef Conservation Act of 2000,
Executive Order 13089, and the oceanic conditions contributing to coral reef decline. On
June 26, 2002, the House Resources Committee began to mark up H.R. 4749. On June 13,
2002, the House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans
held a hearing on H.R. 4781, reauthorization of the Marine Mammal Protection Act.
(Members and staff may request e-mail notification of new CRS reports in the areas of
marine and freshwater fisheries, aquaculture, and marine mammal issues by contacting
gbuck@crs.loc.gov and requesting to be added to his notification list.)
BACKGROUND AND ANALYSIS
Commercial and Sport Fisheries:
Background and Issues
Historically, coastal states managed marine sport and commercial fisheries in nearshore
waters, where most seafood was caught. However, as fishing techniques improved,
fishermen ventured farther offshore. The enactment of the Fishery Conservation and
Management Act (FCMA) in 1976 (later renamed the Magnuson Fishery Conservation and
Management Act after the late Senator Warren G. Magnuson, and more recently the
Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA)
[http://www.nmfs.noaa.gov/sfa/magact/] after Senator Ted Stevens) ushered in a new era of
federal marine fishery management. The FCMA was signed into law on April 13, 1976, after
several years of debate. On March 1, 1977, marine fishery resources within 200 miles of all
U.S. coasts, but outside state jurisdiction, came under federal jurisdiction, and an entirely
new multifaceted regional management system began allocating fishing rights, with priority
given to domestic enterprise. Primary federal management authority was vested in NOAA
Fisheries (formerly the National Marine Fisheries Service) [http://www.nmfs.noaa.gov/]
within the National Oceanic and Atmospheric Administration (NOAA) of the Department
of Commerce. The 200-mile fishery conservation zone was superseded by an Exclusive
Economic Zone (EEZ), proclaimed by President Reagan on March 10, 1983 (Presidential
Proclamation 5030).
Eight Regional Fishery Management Councils were created by the FCMA
[http://www.nmfs.noaa.gov/councils/]. Council members are appointed by the Secretary of
Commerce from lists of candidates knowledgeable of fishery resources, provided by coastal
state Governors. The Councils prepare fishery management plans (FMPs) for those fisheries
that they determine require active federal management. After public hearings, revised FMPs
are submitted to the Secretary of Commerce for approval. Approved plans are implemented
through regulations published in the Federal Register. Together these Councils have
implemented 39 FMPs for various fish and shellfish resources, with 7 additional plans in
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various stages of development. Some plans are created for an individual or a few closely
related species (e.g., FMPs for red drum by the South Atlantic Council, for northern anchovy
by the Pacific Council, and for shrimp by the Gulf of Mexico Council). Others are developed
for larger species assemblages inhabiting similar habitats (e.g., FMPs for Gulf of Alaska
groundfish by the North Pacific Council and for reef fish by the Gulf of Mexico Council).
Many of the implemented plans have been amended (one more than 30 times), and three have
been developed and implemented jointly by two or more Councils. The MSFCMA was last
reauthorized in 1996 by P.L. 104-297, the Sustainable Fisheries Act
[http://www.nmfs.noaa.gov/sfa/sfaguide/]. This authorization expired in FY1999.
Under initial FCMA authority, a substantial portion of the fish catch from federal
offshore waters was allocated to foreign fishing fleets. However, the 1980 American
Fisheries Promotion Act (Title II of P.L. 96-561) and other FCMA amendments orchestrated
a decrease in foreign catch allocations as domestic fishing and processing industries
expanded. Foreign catch from the U.S. EEZ declined from about 3.8 billion pounds in 1977,
to zero in 1992 and subsequent years. Commensurate with the decline of foreign catch,
domestic offshore catch increased dramatically, from about 1.6 billion pounds (1977) to
more than 6.3 billion pounds (1993). Total (U.S. and foreign) offshore fishery landings from
the U.S. EEZ increased about 24% between 1977 and 1986-1988 to a peak of 6.65 billion
pounds, but declined slightly to stabilize over the next decade.
Today, individual states manage marine fisheries in inshore and coastal waters
(generally within 3 miles of the coast). Interstate coordination occurs through three regional
(Atlantic, Gulf, and Pacific) interstate marine fishery commissions, created by
congressionally approved compacts. Beyond state waters, out to 200 miles, the federal
government manages fish and shellfish resources for which FMPs have been developed
under the MSFCMA. Individual states manage fishermen operating state-registered vessels
under state regulations consistent with any existing federal FMP when fishing in inshore state
waters and, in the absence of a federal FMP, wherever they fish.
In 2000, U.S. commercial fishermen landed about 6.9 billion pounds of edible fish and
shellfish [http://www.st.nmfs.gov/commercial/index.html], worth almost $3.4 billion at the
dock. Imports supplied another 4.0 billion pounds, worth about $10.1 billion. U.S.
consumers spent an estimated $54.4 billion on edible seafood in 2000, with about $38 billion
of that amount spent in restaurants and other food service establishments. Marine
recreational anglers caught an estimated 429.4 million fish in 2000
[http://www.st.nmfs.gov/st1/recreational/queries/index.html ], of which the retained catch
was about 254.2 million pounds. In 1996, a nationwide survey estimated
[http://www.census.gov/prod/www/abs/fishing.html], that recreational anglers spent almost
$38 billion each year pursuing their sport.
Magnuson Act Reauthorization
Background. The MSFCMA was last reauthorized in 1996 by P.L. 104-297, the
Sustainable Fisheries Act [http://www.nmfs.noaa.gov/sfa/]; authorization for appropriations
expired on September 30, 1999. The 1996 amendments established fish conservation
initiatives directing NOAA Fisheries and regional councils to protect essential fish habitat,
minimize incidental fish bycatch, and restore overfished stocks. In addition, a host of
modifications to regional council management procedures and federal management policy
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were enacted. NOAA Fisheries contends that implementation of the 1996 amendments has
m e t m a n y o f t h e A c t ’ s o b j e c t i v e s
[http://www.publicaffairs.noaa.gov/releases99/jan99/noaa99-4.html]; fishing industry and
environmental groups have criticized NOAA Fisheries and regional council implementation
efforts. While environmental groups have expressed concerns that NOAA Fisheries and
regional councils have not been as responsive as needed on conservation measures, fishing
industry representatives are concerned that too stringent an application of conservation
measures may cripple commercial fishing and bankrupt many fishermen. A key issue in any
reauthorization debate in the 107th Congress may be seeking a balance between conserving
fish and maintaining a viable commercial fishing industry.
Congressional Action. At issue for the 107th Congress will be the terms and
conditions of provisions designed to reauthorize and amend the MSFCMA to address the
concerns of various interest groups. For additional information on reauthorization issues in
the 107th Congress, see CRS Report RL30215, The Magnuson-Stevens Fishery Conservation
and Management Act: Reauthorization Issues for the 107th Congress. For a side-by-side
comparison of the three bills introduced in the 106th Congress to reauthorize the MSFCMA,
see CRS Report RS20788, Legislation in the 106th Congress to Amend and Reauthorize the
Magnuson-Stevens Fishery Conservation and Management Act.
Hearings. On January 16, 2001, the Senate Committee on Commerce, Science, and
Transportation held a field hearing in Newport, OR, on the decline of the west coast
groundfish fishery. On April 4, 2001, the House Resources Subcommittee on Fisheries
Conservation, Wildlife, and Oceans held an oversight hearing on implementation of the
Sustainable Fisheries Act and the Reauthorization of the MSFCMA. On May 2, 2001, the
Senate Commerce Subcommittee on Oceans and Fisheries held a hearing on S. 637 and
individual fishing quota (IFQ) systems. On May 10, 2001, the House Resources
Subcommittee on Fisheries Conservation, Wildlife, and Oceans held an oversight hearing
on capacity reduction programs, federal investments in fisheries, and reauthorization of the
MSFCMA. On June 14, 2001, the House Resources Subcommittee on Fisheries
Conservation, Wildlife, and Oceans held an oversight hearing on ecosystem-based fishery
management. On July 19, 2001, the House Resources Subcommittee on Fisheries
Conservation, Wildlife, and Oceans held a hearing on the Western Alaska and Western
Pacific Community Development Quota Programs and on H.R. 553. On August 2, 2001, the
House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans held a
hearing on H.R. 1367, authorizing actions to conserve and rebuild overfished stocks of
Atlantic highly migratory species. On December 11, 2001, the House Resources
Subcommittee on Fisheries Conservation, Wildlife, and Oceans held an oversight field
hearing in Ocean City, MD, on cooperative research issues as they affect reauthorization of
the MSFCMA. On February 13, 2002, the House Resources Subcommittee on Fisheries
Conservation, Wildlife, and Oceans held an oversight hearing on individual fishing quotas.
On May 2, 2002, the House Resources Subcommittee on Fisheries Conservation, Wildlife,
and Oceans held an oversight hearing on proposed draft legislation to amend the Magnuson-
Stevens Act. On May 9, 2002, the Senate Commerce Subcommittee on Oceans,
Atmosphere, and Fisheries held an oversight hearing on management issues facing NMFS.
On May 23, 2002, the House Resources Subcommittee on Fisheries Conservation, Wildlife,
and Oceans held a hearing on marine protected areas as a fishery management tool.
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Bills. H.R. 2570 and H.R. 4749 are the only bills introduced in the 107th Congress
proposing reauthorization and extensive amendment of the MSFCMA; the House Resources
Committee began to mark up H.R. 4749 on June 26, 2002, and is scheduled to resume this
markup on July 10, 2002. Other bills deal with single issues: H.R. 108 proposes a
moratorium on bottom trawling and the use of other mobile fishing gear on the seabed in
certain areas off the coasts of the United States. H.R. 470 would prohibit commercial
harvesting of striped bass. H.R. 553 would modify the western Alaska community
development quota program. On July 19, 2001, the House Resources Subcommittee on
Fisheries Conservation, Wildlife, and Oceans held a hearing on H.R. 553. H.R. 644 would
approve a governing international fishery agreement with Estonia. H.R. 1367 would
authorize actions to conserve and rebuild overfished stocks of Atlantic highly migratory
species; the House Resources Subcommittee on Fisheries Conservation, Wildlife, and
Oceans held a hearing on H.R. 1367 on August 2, 2001. S. 637 would authorize the
establishment of individual fishery quota (IFQ) systems. S. 973 and H.R. 2376 would
expedite assistance to address the commercial fishery failure in the Pacific Coast groundfish
fishery. H.R. 2673 would amend the MSFCMA to prohibit offering for sale, selling, or
purchasing shark fins. H.R. 4003 and S. 2593 would prohibit certain types of bottom
trawling gear. H.R. 4618 would prohibit pelagic longline fishing in the EEZ off the Pacific
coast. H.R. 4895 would establish an NMFS program for pelagic longline highly migratory
species bycatch and mortality reduction research. H.Con.Res. 427 expresses congressional
interest in increased attention to international aspects of Atlantic marlin management. H.R.
5030 would modify the definition of essential fish habitat. S. 2627 would prohibit gillnet
fisheries offshore of Georgia. No action has been taken on any of these measures.
P.L. 107-171 included §10107 appropriating “such sums as are necessary” to support
a voluntary fishing capacity reduction program for the New England multispecies
commercial fishery, within one year of this measure’s enactment. Language in H.R. 4775/S.
2551 would make Fisheries Finance Program Account funds available to subsidize gross
obligations for the principal amount of direct loans not to exceed $5,000,000 for Individual
Fishing Quota loans, and not to exceed $19,000,000 for traditional loans. In addition, §208
of S. 2551 would provide $11 million in economic assistance to New England fishermen and
fishing communities, while §209 would provide $5 million of direct economic assistance to
New England fishermen and communities to support port security; S. 2551 was reported on
May 29, 2002 (S.Rept. 107-156). H.R. 4775 was reported on May 20, 2002 (H.Rept. 107-
480), and passed by the House (amended) on May 24, 2002. The Senate amended H.R. 4775
by substituting the language of S. 2551, as well as adding a new §210 that would provide a
$0.5 million loan guarantee for a $50 million capacity reduction program for the West Coast
groundfish fishery. The amended H.R. 4775 was passed by the Senate on June 7, 2002.
Section 2202 of P.L. 107-20 (H.R. 2216, FY2001 Supplemental Appropriations Act)
amended the American Fisheries Act to alter provisions relating to the applicability of U.S.
ownership standards to banks holding commercial fishing vessel mortgages. P.L. 107-77
extends state authority to manage the West Coast Dungeness crab fishery through FY2006
(§624(a)) and amends the American Fisheries Act (AFA) to delete a sunset provision and
make permanent a prohibition on direct pollock fishing by non-AFA catcher/processors
(§211). In addition, §205 of P.L. 107-117 amends the AFA, making the entire $100 million
for the fishing capacity reduction program available as a loan under Title XI of the Merchant
Marine Act, 1936.
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Pacific Salmon
Background. Five species of salmon spawn in Pacific coastal rivers and lakes, after
which juveniles migrate to North Pacific ocean waters where they mature. Since these fish
may cross several state and national boundaries during their life spans, management is
complicated [http://www.nmfs.noaa.gov/salmon/salmon.html]. Threats to salmon include
hydropower dams blocking rivers and creating reservoirs, sport and commercial harvest,
habitat modification by competing resource industries and human development, and
hatcheries seeking to supplement natural production but sometimes unintentionally causing
genetic or developmental concerns. In response to declining salmon populations in
Washington, Oregon, Idaho, and California, discrete population units have been listed as
endangered or threatened species under the Endangered Species Act. For background on this
issue, see CRS Report 91-267 ENR, Pacific Salmon and Steelhead: Potential Impacts of
Endangered Species Act Listings, CRS Report 98-666 ENR, Pacific Salmon and
Anadromous Trout: Management Under the Endangered Species Act, and CRS Issue Brief
IB10072, Endangered Species: Difficult Choices.
To address some of these concerns, the United States and Canada negotiated a bilateral
agreement on Pacific salmon in 1985. However, by the mid-1990s, controversy stalled
renegotiations to adjust cooperative management of these fish, and U.S.-Canada relations
[http://radio.cbc.ca/news/fish/] became more antagonistic, including the blockade of an
Alaska state ferry by British Columbia fishermen in Prince Rupert, BC, in July 1997. This
deadlock was resolved in June 1999 when a new accord was concluded. For additional
information on the Pacific Salmon Treaty and new agreement, see CRS Report RL30234,
The Pacific Salmon Treaty: The 1999 Agreement in Historical Perspective.
Congressional action. H.R. 1157 and S. 1825 would authorize the Secretary of
Commerce to provide financial assistance to Alaska, Washington, Oregon, California, and
Idaho for salmon habitat restoration projects. H.R. 1157 was reported on June 12, 2001
(H.Rept. 107-95), and was passed, amended, by the House on June 13, 2001, by a vote of
418-6. On May 14, 2002, the Senate Commerce Subcommittee on Oceans, Atmosphere, and
Fisheries held a hearing on S. 1825. H.R. 2409 would amend the Endangered Species Act
to transfer responsibility for anadromous (e.g., salmon and steelhead trout) and catadromous
fish to the Secretary of the Interior; no action has been taken on this measure. On March 21,
2001, the Senate Energy and Natural Resources Subcommittee on Water and Power held an
oversight hearing on the Klamath Project in Oregon. H.R. 2573 proposes to direct NOAA
Fisheries to seek peer review and conduct studies on the impacts of Columbia River basin
federal dams on salmon and steelhead trout; no action has been taken on this measure. On
March 15, 2002, the House Committee on The Budget reported H.Con.Res. 353, wherein
§406(b) expresses the sense of Congress that Pacific Northwest salmon recovery is a high-
priority item for funding in the FY2003 federal budget (H.Rept. 107-376); this measure was
passed by the House on March 20, 2002. Section 103 of S. 2535 and §104 of H.R. 4948
would designate “salmon restoration areas” in northern California. Section 10902 of P.L.
107-171 requires the Secretary of Agriculture to report to Congress on efforts to expand the
promotion, marketing, and purchasing of pouched and canned salmon harvested and
processed in the United States under food and nutrition programs administered by the
Secretary.
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Other Miscellaneous Issues
Country of Origin. On December 4, 2001, the Senate Finance Committee amended
S. 1209, adding §1001 that would require all fish and shellfish sold in the United States to
be labeled with their country of origin; this measure was reported (amended) on February 4,
2002 (S.Rept. 107-134). P.L. 107-171 contained §10816 requiring the labeling of both farm-
raised and wild fish as to country of origin and to distinguish between wild and farm-raised
fish. Regulations to implement this language are required by September 30, 2004. For
additional information on this subject, see CRS Report 97-508, Country-of-Origin Labeling
for Foods: Current Law and Proposed Changes. Section 206 of S. 2551 would modify the
definition of “wild fish” contained in P.L. 107-171; this measure was reported on May 29,
2002 (S.Rept. 107-156). On June 7, 2002, the Senate amended H.R. 4775 by substituting
the language of S. 2551, and passed the amended H.R. 4775 on June 7, 2002. Country of
origin language was also included as §1001 of H.R. 3009, passed by the Senate on May 23,
2002.
Agriculture and Fish. Section 5 in both H.R. 2202 and S. 1148 would require fish
protection devices for the Lower Yellowstone Irrigation Project; the House Resources
Subcommittee on Water and Power held a hearing on H.R. 2202 on June 5, 2002. H.R.
1985, H.R. 3208, H.R. 4657, S. 976, and S. 1768 would authorize an “environmental water
account” for the CALFED project to provide water for protection and recovery of fish; H.R.
3208 was reported (amended) by the House Committee on Resources on February 14, 2002
(H.Rept. 107-360, Part I), and S. 1768 was reported (amended) by the Senate Committee on
Energy and Natural Resources on June 24, 2002 (S.Rept. 107-171). Section 302 of H.R.
2404 would establish performance objectives for fish population management under the
California Bay-Delta Project, and require an annual report to Congress. On July 26, 2001,
the House Resources Subcommittee on Water and Power held a hearing on H.R. 2404.
Section 10905 of P.L. 107-171 authorizes the Secretary of the Interior to study the feasibility
of providing for fish passage at Chiloquin Dam, Oregon.
Atlantic Salmon. Section 10812 of P.L. 107-171 extends, for an additional 20 years,
the consent of Congress to the interstate compact relating to restoration of Atlantic salmon
in the Connecticut River Basin and creating the Connecticut River Atlantic Salmon
Commission. S.Res. 277 would express the sense of the Senate regarding the policy of the
United States at the 19th Annual Meeting of the North Atlantic Salmon Conservation
Organization; no action has been taken on this measure.
Military Waiver from State Fishing Regulations. Section §2811(a)(2) of P.L.
107-107 authorizes waiver of state fishing regulations, including the authority to extend but
not reduce seasons, at military installations.
Hydropower and Fish. Section 6403 of H.R. 4 and §404 of H.R. 2436 propose to
study and implement increased operational efficiencies at hydroelectric power projects. H.R.
2436 was reported by the House Committee on Resources on July 25, 2001 (H.Rept. 107-
160, Part 1). Section 701(b) of S. 597, §401 in both H.R. 4 and H.R. 2587, §16 of H.R.
3800, and §301(b) of S. 1766 would allow federal hydropower licensees to propose
alternative fishways to any required by the Federal Energy Regulatory Commission as long
as the alternative is based on sound science and will result in equal or greater fish passage.
Section §4(a)(2)(D) of H.R. 2460, §1403(a)(8) of S. 597, §1221(b)(8) of S. 1766,
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§2004(a)(2)(D) of H.R. 4, §101(a)(6) of H.R. 2478, and §102(a)(6) of H.R. 2324 would
establish a federal hydropower technology goal of developing, with industry, a new
generation of turbine technologies that are less damaging to fish and aquatic ecosystems.
H.R. 2587 was reported on July 25, 2001 (H.Rept. 107-162, Part 1), with a supplemental
report on August 1, 2001 (H.Rept. 107-162, Part II). H.R. 2460 was reported (amended) on
July 31, 2001 (H.Rept. 107-177). H.R. 4 was passed by the House, amended, on August 2,
2001, and passed the Senate, amended to contain much of the language of S. 1766, on April
25, 2002. Conference committee deliberations on H.R. 4 are pending. The Senate
Committee on Energy and Natural Resources has held an extensive series of hearings on S.
597. Section 2(a) of H.R. 1832, §4(a) of S. 71, and §724(a) in both S. 388 and S. 389
propose to modify the federal licensing process to increase hydroelectric power generation
by altering how factors are to be considered before requiring fishways under the Federal
Power Act. Hearings were held on S. 71 by the Committee on Energy and Natural Resources
on July 19, 2001, while an extensive series of hearings has been held by the same Committee
on S. 388.
Aquatic Nuisance Species. H.R. 2732 proposes to amend the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of the Interior
to prevent westward spread of aquatic nuisance species across the 100th meridian, monitor
water bodies, and provide rapid response capacity in Western States. Section 6 of H.R. 3389
and §5 of S. 2428 would authorize priority funding of $5 million annually to the National Sea
Grant College Program for FY2003-2008 for competitive grants in each of the following
areas: 1) zebra mussel biology and control; 2) oyster diseases, oyster restoration, and
oyster-related human health risks; and 3) the biology, prevention, and forecasting of harmful
algal blooms, including Pfiesteria piscicida. H.R. 3389 was reported (amended) by the
House Resources Committee on March 7, 2002 (H.Rept. 107-369, Part I), reported
(amended) by the House Science Committee on April 15, 2002 (H.Rept. 107-369, Part II),
and passed (amended) by the House on June 19, 2002, with the priority funding language in
§7; S. 2428 was reported by the Senate Committee on Commerce, Science, and
Transportation on June 27, 2002 (S.Rept. 107-187). H.R. 3558 would authorize a state
native species protection assessment grant program, a native heritage grant program, refuge
system demonstration projects, and a rapid response capability address harmful nonnative
species concerns: three House Resources Committee Subcommittees held a joint hearing on
H.R. 3558 on March 14, 2002. This measure was reported (amended) on June 18, 2002
(H.Rept. 107-512). No action has been taken on any of the other measures.2001.
Vessel Safety. S. 162 and H.R. 2419 propose to amend the Internal Revenue Code
to provide a business credit against income for the purchase of fishing vessel safety
equipment; no action has been taken on either bill. H.R. 2228 would authorize assistance
to families of fishermen involved in disasters; the House Transportation and Infrastructure’s
Subcommittee on Coast Guard and Maritime Transportation held a hearing on this measure
on June 12, 2002. Section 301 of H.R. 1099, §401 of S. 951, and §331 of H.R. 3507 would
extend the authorization of the U.S. Coast Guard’s Commercial Fishing Industry Vessel
Safety Advisory Committee through FY2005. Section 308 of S. 951 and §430 of H.R. 3507
would authorize Coast Guard support for fishing vessel safety training. Section 558 of H.R.
2068 would authorize the donation of forfeited vessels to educational institutions with a
commercial fishing vessel safety program or other vessel safety, education and training
program; this measure was reported on May 20, 2002 (H.Rept. 107-479), and passed by the
House (amended) on June 11, 2002. The Senate Judiciary Committee reported H.R. 2068
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on June 21, 2002. H.R. 1099 was passed by the House on March 22, 2001, by a vote of 415-
0; S. 951 was reported by the Senate Committee on Commerce, Science, and Transportation
on October 31, 2001 (S.Rept. 107-89). H.R. 3507 was called up and passed by the House
on December 20, 2001. On June 4, 2002, the House amended S. 1214 to include the
language of H.R. 3507, and passed the amended S. 1214.
Fishery Trade. S. 1813 would require the U.S. Trade Representative to inform key
House and Senate Committees with respect to negotiations and agreements on fish and
shellfish; no action has been taken on this measure. S. 1100 and Title V of S. 1209/H.R.
3670 would authorize a program for trade adjustment assistance to fishermen; S. 1209 was
reported (amended) on February 4, 2002, by the Senate Committee on Finance (S.Rept. 107-
134). Section 102(b)(3)(D) of H.R. 3009 would establish a special rule for transition period
tariffs for tuna imported from Bolivia, Colombia, Ecuador, and Peru; this language was
added when this measure was reported in the Senate on December 14, 2001 (S.Rept. 107-
126). H.R. 3009 passed the Senate (amended) on May 23, 2002, with the trade adjustment
assistance to fishermen as §501 and tuna provisions in §3102. Section 3(b)(1)(C) of S. 525
would declare exempt canned tuna from duty-free treatment when imported from the same
Andean nations; no action has been taken on S. 525.
Coral. H.R. 2272 would amend the Foreign Assistance Act of 1961 to provide debt
relief to developing countries that take action to protect coral reef habitat; this measure was
passed (amended) by the House on October 16, 2001. Section 207 of S. 2551 would direct
that $2.5 million be expended for a cooperative agreement with the National Defense Center
of Excellence for Research in Ocean Sciences to conduct coral mapping in the waters of the
Hawaiian Islands; this measure was reported May 29, 2002 (S.Rept. 107-156). On June 7,
2002, the Senate amended H.R. 4775 by substituting the language of S. 2551, and passed the
amended H.R. 4775 on June 7, 2002. On June 27, 2002, the House Resources Subcommittee
on Fisheries Conservation, Wildlife, and Oceans held an oversight hearing on the Coral Reef
Conservation Act of 2000, Executive Order 13089, and the oceanic conditions contributing
to coral reef decline.
Miscellaneous Reauthorizations. H.R. 1989 proposes to reauthorize 1) the
Interjurisdictional Fisheries Act, 2) the Anadromous Fish Conservation Act, 3) the Atlantic
Striped Bass Conservation Act, 4) the Atlantic Coastal Fisheries Cooperative Management
Act, 5) the National Oceanic and Atmospheric Administration Marine Fisheries Program
Authorization Act, 6) the Atlantic Tunas Convention Act of 1975, and 7) the Northwest
Atlantic Fisheries Convention Act of 1995. All authorizations would be extended through
FY2006. The House Resources Subcommittee on Fisheries Conservation, Wildlife, and
Oceans held a hearing on this measure on June 7, 2001. This measure was reported,
amended, on October 3, 2001 (H.Rept. 107-227); H.R. 1989 passed the House (amended)
on December 11, 2001.
International Fishery Commissions. H.R. 1646 and S. 1401 would extend
authorizations for international fishery commissions through FY2003, clarify that authority
under the Fishermen’s Protective Act resides with the Secretary of State, and modify travel
provided for Great Lakes Fishery Commission advisory committee members. H.R. 1646 was
reported by the Committee on International Relations on May 4, 2001 (H.Rept. 107-57) and
passed by the House on May 16, 2001. On May 1, 2002, the Senate passed H.R. 1646,
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amended, without the fishery measures. S. 1401 was reported by the Senate Committee on
Foreign Relations on September 4, 2001 (S.Rept. 107-60).
Bankruptcy. On March 15, 2001, S. 420 was amended in §1007 to include similar
provisions for family fishermen as currently apply to family farmers under Chapter 12 of the
bankruptcy laws. This measure, as amended, passed the Senate on March 15, 2001, by a vote
of 83-15. On July 17, 2001, the Senate amended H.R. 333 to include the language of S. 420
relating to protection of family fishermen, and passed H.R. 333, as amended, by a vote of 82-
16. On July 31, 2001, the House and Senate agreed to a conference on H.R. 333.
Sport Fish Restoration and FACA. Section 106(b) of S. 990 would exempt the
Dingell-Johnson Sport Fish Restoration Program from the Federal Advisory Committee Act;
this measure was reported (amended) on December 13, 2001 (S.Rept. 107-123) and passed
by the Senate on December 20, 2001.
Organic Labeling. On February 13, 2002, the Senate passed H.R. 2646 after
amending this measure to include the language of the Senate’s amended S. 1731, containing
§1055 authoring the labeling of wild fish as organic. The conference report on H.R. 2646
was filed on May 1, 2002 (H.Rept. 107-424), deleting this provision.
Chesapeake Bay. H.R. 642 and S. 1045 would reauthorize the Chesapeake Bay
Office of NOAA and associated fishery programs. H.R. 642 was reported (amended) April
3, 2001 (H.Rept. 107-33) and passed by the House (amended) on April 4, 2001.
Tax Provisions. Section 105 of H.R. 546/H.R. 2111/H.R. 2761, §8 in both S. 312
and H.R. 2347, §506 of H.R. 1018, and §7 of S. 1676 would allow income averaging by
commercial fishermen. S. 313, H.R. 662, §2 in both S. 312 and H.R. 2347, and §509 of H.R.
1018 would amend the Internal Revenue Code to allow commercial fishermen to establish
tax-deferred Farm, Fishing, and Ranch Risk Management Accounts to shelter a portion of
fishery income. No action has been taken on any of these measures.
State Funding. Section 102(c) in both H.R. 701 and S. 1328 would authorize funding
to states for fishery stock surveys, fishery observers in state or federal waters, coordination
and preparation of cooperative fishery conservation and management plans, and preparation
and implementation of state fishery management plans; no action has been taken on either
measure.
Seafood Safety. S. 555 would require the U.S. Food and Drug Administration to
establish a tolerance for methylmercury in seafood. S. 1501 would create an independent
Food Safety Administration to consolidate all food safety and inspection services. No action
has been taken on either measure.
Habitat. H.R. 325 and S. 678 (Fishable Waters Act of 2001) would amend the Federal
Water Pollution Control Act to establish a program for fishery habitat protection, restoration,
and enhancement; no action has been taken on these bills.
Federal Government Structure. H.R. 375 proposes to eliminate the Department
of Commerce and establish an independent National Oceanic and Atmospheric
Administration; no action has been taken on this measure.
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Recreational Fishing. S. 1314, H.R. 3104, and H.R. 3547 propose measures to
protect and enhance the public’s ability to enjoy recreational fishing; no action has been
taken on either of these measures.
Quinault Claims. H.R. 2524 and S. 1308 would establish the Quinault Permanent
Fisheries Fund to manage funds received from the settlement of claims. S. 1308 was ordered
reported on March 21, 2002; no action has been taken on H.R. 2524.
Atlantic Tuna and Billfish. S.Res. 180 would express the sense of the Senate
regarding U.S. policy at the 17th Regular Meeting of the International Convention for the
Conservation of Atlantic Tunas; the Senate approved this measure on November 13,
Missouri River. Section 2(h)(3) of H.R. 3570 would authorize investigations of
endangered fish in the Missouri River drainage, including pallid sturgeon response to main
stem reservoir operations; no action has been taken on this measure.
Capital Construction Fund. S. 1962 and H.R. 3898 would provide for qualified
withdrawals from Capital Construction Fund accounts for fishermen leaving the industry for
rollover into individual retirement plans; no action has been taken on either measure.
Cormorants. H.R. 3727 would direct the Secretary of the Interior to issue regulations
under the Migratory Bird Treaty Act that authorize States to establish hunting seasons for
double-crested cormorants; no action has been taken on this measure.
Aquaculture: Background and Issues
Aquaculture is broadly defined as the farming or husbandry of fish, shellfish, and other
aquatic animals and plants, usually in a controlled or selected environment. The diversity
of aquaculture is typified by such activities as: fish farming, usually applied to freshwater
commercial aquaculture operations (catfish and trout farms are examples
[http://www.usda.gov/nass/pubs/stathigh/1998/lv-aq.htm]); shellfish and seaweed culture;
net-pen culture, used by the salmon industry wherein fish remain captive throughout their
lives in marine pens built from nets; and ocean ranching, used by the Pacific Coast salmon
industry which cultures juveniles, releases them to mature in the open ocean, and catches
them when they return as adults to spawn. Fish hatcheries are government and commercial
aquaculture facilities that raise fish from recreational and commercial stocking as well as for
mitigation of aquatic resource and habitat damage [http://aquanic.org/].
The United Nations’ Food and Agriculture Organization has characterized aquaculture
as one of the world’s fastest growing food production activities. World aquaculture
production [http://www.fao.org/docrep/003/w7499e/w7499e00.htm] more than doubled in
10 years, from about 10 million metric tons in 1984 to a record 25.5 million metric tons in
1994, with a value of approximately $40 billion. U.S. aquaculture, until recently and with
a few exceptions, has been considered a minor industry. Despite considerable growth, the
domestic aquaculture industry is expected to face strong competition into 2002 from imports
of foreign aquacultural products as well as competition from the domestic poultry and
livestock industries [http://usda.mannlib.cornell.edu/reports/erssor/livestock/ldp-
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aqs/2001/aqs14.pdf]. With growth however, aquaculture operations are facing increasing
scrutiny for habitat destruction, pollution, and other concerns.
Miscellaneous Issues
Country of Origin. P.L. 107-171 contained §10816 requiring the labeling of both
farm-raised and wild fish as to country of origin and to distinguish between wild and farm-
raised fish. Regulations to implement this language are required by September 30, 2004.
For additional information on this subject, see CRS Report 97-508, Country-of-Origin
Labeling for Foods: Current Law and Proposed Changes. Section 206 of S. 2551 would
modify the definition of “wild fish” contained in P.L. 107-171; this measure was reported
on May 29, 2002 (S.Rept. 107-156). On June 7, 2002, the Senate amended H.R. 4775 by
substituting the language of S. 2551, and passed the amended H.R. 4775 on June 7, 2002.
Country of origin language was also included as §1001 of H.R. 3009, passed by the Senate
on May 23, 2002.
Catfish. S. 1494 would amend the Federal Food, Drug, and Cosmetic Act to limit the
use of the common name ‘catfish’ in the marketing of fish. H.R. 2964 would clarify the
market name for the fish Pangasius bocourti relative to compliance with §403 of the Federal
Food, Drug, and Cosmetic Act. P.L. 107-171 contained §10806 limiting the labeling and
advertizing as “catfish” to only fish from the family Ictaluridae. Section 755 of P.L. 107-76
prohibits Food and Drug Administration FY2002 funds to be used to allow admission of fish
or fish products labeled wholly or in part as ‘catfish’ unless the products are taxonomically
from the family Ictaluridae.
Aquacultural Research. P.L. 107-171 contained §7116 extending the authorization
of appropriations for aquaculture research facilities of the U.S. Department of Agriculture
through FY2007. FY2002 appropriations for U.S. Department of Agriculture research in
aquaculture were provided in P.L. 107-76.
National Aquaculture Act Reauthorization. P.L. 107-171 contained §7139
extending the authorization of appropriations for the National Aquaculture Act through
FY2007.
Bankruptcy. On March 15, 2001, S. 420 was amended in §1007 to include similar
provisions for family fishermen (including aquaculture operations) as currently apply to
family farmers under Chapter 12 of the bankruptcy laws. This measure, as amended, passed
the Senate on March 15, 2001, by a vote of 83-15. On July 17, 2001, the Senate amended
H.R. 333 to include the language of S. 420 relating to protection of family fishermen, and
passed H.R. 333, as amended, by a vote of 82-16. On July 31, 2001, the House and Senate
agreed to a conference on H.R. 333.
Permitting. Section 103 of H.R. 897 would authorize Coastal Zone Enhancement
Grants for development of a coordinated process among state agencies to regulate and issue
permits for aquaculture facilities in the coastal zone; no action has been taken on this
measure.
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Taxation. Section 2(e)(2) of S. 455 and §101(e)(2) of S. 1507 would amend the
Internal Revenue Code to exclude aquaculture businesses from qualified small business
(QSB) stock provisions (§1202); no action has been taken on either measure.
Cormorants. H.R. 3727 would direct the Secretary of the Interior to issue regulations
under the Migratory Bird Treaty Act that authorize States to establish hunting seasons for
double-crested cormorants; no action has been taken on this measure.
Marine Mammals: Background and Issues
Due in part to the high level of dolphin mortality (estimated at more than 400,000
animals per year) in the eastern tropical Pacific tuna purse-seine fishery, Congress enacted
the Marine Mammal Protection Act (MMPA) in 1972. While some critics may claim the
MMPA is scientifically irrational by selecting one group of organisms for special protection
unrelated to their abundance or ecological role, this Act has accomplished much by way of
promoting research and increased understanding of marine life as well as encouraging
attention to incidental bycatch mortalities of marine life by the commercial fishing and other
maritime industries.
The Act established a moratorium on the “taking” of marine mammals in U.S. waters
and by U.S. nationals on the high seas. The Act also established a moratorium on importing
marine mammals and marine mammal products into the United States. This Act protected
marine mammals from “clubbing, mutilation, poisoning, capture in nets, and other human
actions that lead to extinction.” It also expressly authorized the Secretary of Commerce and
the Secretary of the Interior to issue permits for the “taking” of marine mammals for certain
purposes, such as scientific research and public display.
Under the Act, the Secretary of Commerce, acting through NOAA Fisheries, is
responsible for the conservation and management of whales, dolphins, porpoises, seals, and
sea lions]. The Secretary of the Interior, acting through the Fish and Wildlife Service (FWS),
is responsible for walruses [http://species.fws.gov/bio_walr.html], sea and marine otters,
p o l a r b e a r s [ h t t p : / / s p e c i e s . f w s . g o v / b i o _ p o l a . h t m l ] , m a n a t e e s
[http://species.fws.gov/bio_mana.html], and dugongs. This division of authority derives
from agency responsibilities as they existed when the MMPA was enacted. Title II of the
Act established an independent Marine Mammal Commission (MMC) and its Committee of
Scientific Advisors on Marine Mammals to oversee and recommend actions necessary to
meet the requirements of the Act.
Prior to passage of the MMPA, states were responsible for marine mammal
management on lands and in waters under their jurisdiction. The MMPA shifted marine
mammal management authority to the federal government. It provides, however, that
management authority, on a species-by-species basis, could be returned to states that adopt
conservation and management programs consistent with the purposes and policies of the Act.
It also provides that the moratorium on taking can be waived for specific purposes, if the
taking will not disadvantage the affected species or population. It provides that permits may
be issued to take or import any marine mammal species, including depleted species, for
scientific research or to enhance the survival or recovery of the species or stock. It allows
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U.S. citizens to apply for and obtain authorization for the take of small numbers of mammals
incidental to activities other than commercial fishing (e.g., offshore oil and gas exploration
and development) if the taking would have no more than a negligible impact on any marine
mammal species or stock, provided that monitoring requirements and other conditions are
met.
The Act’s moratorium on taking does not apply to any Indian, Aleut, or Eskimo who
resides in Alaska and who dwells on the coast of the North Pacific or Arctic Ocean, if such
taking is for subsistence purposes or for creating and selling authentic Native articles of
handicrafts and clothing, and is not done wastefully.
The Act also authorizes the taking of marine mammals incidental to commercial fishing
operations. In 1988, most U.S. commercial fish harvesters were exempted from otherwise
applicable rulemaking and permit requirements for a 5-year period, pending development of
an improved system to govern the incidental taking of marine mammals in the course of
commercial fishing operations. This exemption expired at the end of FY1993, and was
extended several times until new provisions were enacted by P.L. 103-238, which
reauthorized the MMPA through FY1999. The eastern tropical Pacific tuna fishery was
excluded from the incidental take regimes enacted in 1988 and 1994. Instead, the taking of
marine mammals incidental to that fishery is governed by separate provisions of the MMPA,
and was substantially amended by P.L. 105-42, the International Dolphin Conservation
Program Act.
Marine Mammal Protection Act Reauthorization
Background. The MMPA was reauthorized in 1994 by P.L. 103-238, the Marine
Mammal Protection Act Amendments of 1994; the authorization for appropriations expired
on September 30, 1999. The 1994 amendments indefinitely authorized the taking of marine
mammals incidental to commercial fishing operations and provided for assessment of marine
mammal stocks in U.S. waters, for the development and implementation of take reduction
plans for stocks that may be reduced or are being maintained below their optimum
sustainable population levels due to interactions with commercial fisheries, and for studies
of pinniped-fishery interactions [http://www.nwfsc.noaa.gov/pubs/tm/tm28/areas.htm]. For
more information on the 1994 amendments, see CRS Report 94-751 ENR, Marine Mammal
Protection Act Amendments of 1994.
Congressional Action. At issue for the 107th Congress will be the terms and
conditions of any provisions designed to reauthorize and amend the MMPA to address the
concerns of various interest groups. On October 11, 2001, the House Resources
Subcommittee on Fisheries Conservation, Wildlife, and Oceans held an oversight hearing
on reauthorizing the Marine Mammal Protection Act. H.R. 4781 is the only reauthorization
bill that has been introduced; the House Resources Subcommittee on Fisheries Conservation,
Wildlife, and Oceans held a hearing on this bill on June 13, 2002. For additional information
on potential reauthorization issues in the 107th Congress, see CRS Report RL30120, Marine
Mammal Protection Act: Reauthorization Issues for the 107th Congress.
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Other Miscellaneous Issues
Glacier Bay. Section 130 of P.L. 107-63 (FY2002 Department of the Interior
appropriations) requires the National Park Service to prepared an environmental impact
statement (EIS) on vessel entries to Glacier Bay National Park to assess possible impacts on
whale populations, while maintaining the current number of vessel entries until the required
EIS is completed.
Whaling. H.Con.Res. 180, S.Res 121, and S.Res. 267 would reaffirm U.S. opposition
to commercial and lethal scientific whaling and suggest policy for U.S. participation in the
annual meetings of the International Whaling Commission (IWC). H.Con.Res. 193 would
direct U.S. delegates to the IWC to remain diligent in efforts to protect the ability of Native
people of the United States to continue to legally harvest whales. H.Con.Res. 370 would
express the sense of Congress that the United States support the use of sound science in IWC
management, the prompt completion of the IWC’s revised management scheme, and the
ability of Native peoples to legally harvest whales. S.Res. 285 condemns the IWC’s failure
in providing for subsistence needs of Alaska Natives. No action has been taken on any of
these measures.
DOD Compliance. Section 3(a) of H.R. 2154 would require the Department of
Defense to fully comply with the MMPA. Section 1201(a) of S. 2225 would modify the
definition of harassment under the MMPA applicable to military readiness activities. No
action has been taken on either measure.
State Funding. Section 102(c) in both H.R. 701 and S. 1328 would authorize funding
to states for marine mammal stock surveys as well as preparation and implementation of state
mammal management plans; no action has been taken on either measure.
Taxation. S. 713 would amend the Internal Revenue Code to provide a charitable
deduction for certain expenses incurred in support a Native Alaskan subsistence whaling; no
action has been taken on this measure.
North Atlantic Right Whales. S. 1380 and H.R. 3095 propose to coordinate and
expand U.S. and international programs to conserve and protect North Atlantic right whales;
no action has been taken on either measure.
NOAA Fisheries Appropriations
The Bush administration’s proposed FY2003 budget for NOAA Fisheries is about $7
million larger than its proposed FY2002 budget, and about $34 million less than the enacted
FY2002 funding. Major reductions between the FY2002 enacted appropriations and the
FY2003 request include about $20 million less for construction, $20 million less for Pacific
coastal salmon recovery, and about $27.5 million less for Pacific Salmon Treaty matters. In
addition, the FY2003 request proposes to terminate $83.3 million for projects funded in
FY2002. These reductions are partially offset by increases including a new fishery research
vessel ($45.5 million), Columbia River Biological Opinions implementation ($12 million),
modernization of annual fish stock assessments ($10 million), Environmental Improvement
and Restoration Fund ($5.6 million), modernization and expansion of vessel management
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system program ($5.4 million), and National Observer Program ($3.2 million). On March
7, 2002, the House Resources Subcommittee on Fisheries Conservation, Wildlife, and
Oceans held an oversight hearing on the National Marine Fisheries Service FY2003 budget
request.
Table 1. NOAA Fisheries Appropriations
(x $1000)
FY2000
FY2001
FY2001
FY2002
FY2002
FY2003
Enacted
Request
Enacted
Request
Enacted
Request
Fisheries
390,701
429,426
376,921
598,036
342,671
348,826
Protected
143,600
150,660
157,220
Resources
Habitat
48,193
44,545
46,415
Conservation
Enforcement
38,500
41,320
50,994
Surveillance
Acquisition
25,844
25,944
26,841
0
0
0
of Data
SUBTOTAL
416,545
455,370
634,055
598,036
579,196
603,455
Construction
61,824
21,900
54,180
14,700
37,184
17,000
Fleet
— —
8,282
0
0
0
Replacement
Pacific
58,000
100,000
89,803
90,000
110,000
90,000
Coastal
Salmon
Recovery
Pacific
0
60,000
19,956
20,000
47,419
20,000
Salmon
Treaty
Other
2,175
19,691
9,362
11,475
1,430
10,781
Accounts
TOTAL
538,544
656,961
815,638
734,211
775,229
741,236
Sources: Annual NOAA Fisheries (formerly National Marine Fisheries Service) Budget
Justifications, House and Senate Committee Reports, and floor debates.
On March 15, 2002, the House Committee on The Budget reported H.Con.Res. 353,
wherein §406(b) expresses the sense of Congress that Pacific Northwest salmon recovery is
a high-priority item for funding in the FY2003 federal budget (H.Rept. 107-376); this
measure was passed by the House on March 20, 2002.
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LEGISLATION
Related public laws and bills are discussed in the text of this document under
“Background and Analysis.”
Fisheries
P.L. 107-20 (H.R. 2216); P.L. 107-77 (H.R. 2500); P.L. 107-107 (S. 1438); P.L. 107-
117 (H.R. 3338); and P.L. 107-171 (H.R. 2646).
H.Con.Res. 353 (Nussle); H.Con.Res. 408 (Gilchrest); H.Con.Res. 427 (Gilchrest);
H.R. 4 (Tauzin); H.R. 108 (Hefley); H.R. 325 (Tanner); H.R. 333 (Gekas); H.R. 375
(Royce); H.R. 470 (Pallone); H.R. 546 (Quinn); H.R. 553 (Young of Alaska); H.R. 642
(Gilchrest); H.R. 644 (Gilchrest); H.R. 662 (Hulshof); H.R. 701 (Young of Alaska); H.R.
1018 (Toomey); H.R. 1099 (Young of Alaska); H.R. 1157 (Thompson of California); H.R.
1367 (Saxton); H.R. 1646 (Hyde); H.R. 1661 (George Miller); H.R. 1832 (Towns); H.R.
1985 (Calvert); H.R. 1989 (Gilchrest); H.R. 2062 (Olver); H.R. 2068 (Sensenbrenner); H.R.
2111 (Quinn); H.R. 2202 (Rehberg); H.R. 2228 (Green of Wisconsin); H.R. 2272 (Kirk);
H.R. 2324 (Woolsey); H.R. 2347 (Nussle); H.R. 2376 (Capps); H.R. 2404 (George Miller);
H.R. 2409 (Otter); H.R. 2419 (Simmons); H.R. 2436 (Hansen); H.R. 2439 (Ross); H.R. 2460
(Boehlert); H.R. 2478 (Woolsey); H.R. 2524 (Dicks); H.R. 2570 (Farr); H.R. 2573
(McDermott); H.R. 2585 (Walden); H.R. 2587 (Tauzin); H.R. 2673 (Faleomavaega); H.R.
2732 (Baird); H.R. 2761 (Hooley): H.R. 3009 (Crane); H.R. 3104 (Peterson of Minnesota);
H.R. 3208 (Calvert); H.R. 3389 (Gilchrest); H.R. 3507 (Young of Alaska); H.R. 3547
(Peterson of Minnesota); H.R. 3558 (Rahall); H.R. 3570 (Bereuter); H.R. 3670 (Bentsen);
H.R. 3727 (Peterson of Minnesota); H.R. 3800 (Dingell); H.R. 3898 (Capps); H.R. 4003
(Hefley); H.R. 4618 (Hunter); H.R. 4657 (Napolitano); H.R. 4749 (Gilchrest); H.R. 4775
(Young of Florida); H.R. 4895 (Saxton); H.R. 4948 (Thompson of California); H.R. 5030
(Young of Alaska); S.Res. 180 (Kerry); S.Res. 277 (Snowe); S. 71 (Craig); S. 162 (Collins);
S. 312 (Grassley); S. 313 (Grassley); S. 388 (Murkowski); S. 389 (Murkowski); S. 420
(Grassley); S. 525 (Graham); S. 555 (Leahy); S. 597 (Bingaman); S. 637 (Snowe); S. 678
(Bond); S. 703 (Smith of New Hampshire); S. 755 (Murray); S. 951 (Snowe); S. 973
(Wyden); S. 976 (Feinstein); S. 990 (Smith of New Hampshire); S. 1045 (Sarbanes); S. 1100
(Conrad); S. 1148 (Burns); S. 1209 (Bingaman); S. 1214 (Hollings); S. 1308 (Murray); S.
1314 (Breaux); S. 1328 (Landrieu); S. 1401 (Biden); S. 1501 (Durbin); S. 1676 (Kerry); S.
1731 (Harkin); S. 1766 (Daschle); S. 1768 (Feinstein); S. 1813 (Snowe); S. 1825 (Boxer);
S. 1826 (Wyden); S. 1962 (Wyden); S. 2428 (Kerry); S. 2535 (Boxer); S. 2551 (Byrd); S.
2593 (Torricelli); and S. 2627 (Cleland).
Aquaculture
P.L. 107-76 (H.R. 2330) and P.L. 107-171 (H.R. 2646).
H.R. 333 (Gekas); H.R. 897 (Saxton); H.R. 2439 (Ross); H.R. 2964 (Pickering); H.R.
3727 (Peterson of Minnesota); S. 420 (Grassley); S. 455 (Collins); S. 1494 (Lincoln); S.
1507 (Collins); S. 1628 (Harkin); S. 1673 (Lincoln); S. 1731 (Harkin); and S. 2551 (Byrd).
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Marine Mammals
P.L. 107-63 (H.R. 2217)
H.Con.Res. 180 (Delahunt); H.Con.Res. 193 (Young of Alaska); H.Con.Res. 370
(Young of Alaska); H.Con.Res. 408 (Gilchrest); H.R. 701 (Young of Alaska); H.R. 2154
(Filner); H.R. 3095 (Delahunt); H.R. 4781 (Gilchrest); S.Res. 121 (Kerry); S.Res. 267
(Kerry); S.Res. 285 (Murkowski); S. 713 (Murkowski); S. 1328 (Landrieu); S. 1380 (Kerry);
and S. 2225 (Levin).
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