Order Code IB10074
Issue Brief for Congress
Received through the CRS Web
Fishery, Aquaculture, and Marine Mammal
Legislation in the 107th Congress
Updated September 5, 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. H.R. 4749 has been
aquaculture enacted by the 107th Congress
ordered reported, while H.R. 4781 has been
extends authorization for aquaculture research
marked up in Subcommittee.
facilities, reauthorizes the National Aquacul-
ture Act, defines what fish may be labeled and
Commercial and sport fishing are jointly
advertized as catfish, and requires the labeling
managed by the federal government and indi-
of both farm-raised and wild fish as to country
vidual states. States manage fishery resources
of origin and to distinguish between wild and
in inshore waters where 30% to 40% of the
farm-raised fish.
annual U.S. commercial harvest is taken.
Beyond state jurisdiction and out to 200 miles,
Marine mammals are provided extensive
the federal government manages fisheries
protection under the MMPA. This Act autho-
under the authority of the MSFCMA through
rizes restricted use (“take”) of marine mam-
the actions of eight regional fishery manage-
mals and addresses specific situations of
ment councils. Beyond 200 miles, the United
concern, such as dolphin mortality primarily
States participates in a multitude of interna-
associated with the eastern tropical Pacific
tional agreements relating to specific areas or
tuna fishery.
species.
Legislation enacted by the 107th Congress
Legislation related to commercial and
related to marine mammals requires the Na-
sport fisheries enacted so far by the 107th
tional Park Service to prepared an environ-
Congress provides funding for capacity reduc-
mental impact statement on vessel entries to
tion programs for New England fisheries,
Glacier Bay National Park to assess possible
modifies terms of the American Fisheries Act,
impacts on whale populations.
extends state authority to manage West Coast
Congressional Research Service ˜ The Library of Congress

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MOST RECENT DEVELOPMENTS
On September 3, 2002, the Senate Committee on Indian Affairs reported S. 1308 that
would establish the Quinault Permanent Fisheries Fund to manage funds received from the
settlement of claims (S.Rept. 107-252). On August 28, 2002, the Senate Committee on Indian
Affairs reported S. 2711, containing language in §212 that would declare that the Trinity
River Mainstem Fishery Restoration record of decision complies with all provisions of law
(S.Rept. 107-247). On August 21, 2002, H.R. 2068, containing language in §558 that
authorizes the donation of forfeited vessels to educational institutions with a commercial
fishing vessel safety program or other vessel safety, education and training program, was
signed by President Bush as P.L. 107-217. On July 26, 2002, a conference report (H.Rept.
107-617) was filed on H.R. 333, including in §1007 similar provisions for family fishermen
as currently apply to family farmers under Chapter 12 of the bankruptcy laws. On July 25,
2002, the House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans
marked up 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
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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
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.
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
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
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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.
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 ordered H.R. 4749 reported (amended) 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
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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. S. 1314, H.R. 3104, and H.R. 3547
would place limits on the federal government’s ability under the Magnuson Act to
promulgate regulations that would close areas to recreational fishing. 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. P.L. 107-206 included 1)
language to 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; 2) $11 million in
economic assistance to New England fishermen and fishing communities (§210); 3) $5
million of direct economic assistance to New England fishermen and communities to support
port security (§211); and 4) a $0.5 million loan guarantee for a $50 million capacity
reduction program for the West Coast groundfish fishery (§212).
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.
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. 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
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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 212 of S. 2711
would declare that the Trinity River Mainstem Fishery Restoration record of decision
complies with all provisions of law; this measure was reported (amended) by the Senate
Committee on Indian Affairs on August 28, 2002 (S.Rept. 107-247). 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.
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
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for Foods: Current Law and Proposed Changes. Section 208 of P.L. 107-206 modified the
definition of “wild fish” contained in P.L. 107-171. Country of origin language that was
included as §1001 of H.R. 3009, as passed by the Senate, was deleted in conference and did
not appear in P.L. 101-210.
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,
§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. A conference committee has deliberated on H.R. 4. 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
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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. 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. Section 558 of P.L. 107-217 authorizes the donation of forfeited vessels
to educational institutions with a commercial fishing vessel safety program or other vessel
safety, education and training program.
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/S.2737 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 3103(b)(4) of P.L. 107-210 established a general rule for tuna
imported from Bolivia, Colombia, Ecuador, and Peru to 1) include a U.S. or Andean flagged
vessel rule of origin requirement; and 2) authorize the President to grant duty-free treatment
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for Andean exports of tuna packed in foil containers weighing not more than 6.8 kg. In
addition, §3106 modified calculation of the MFN tariff-rate quota on tuna to be based on
4.8% of apparent domestic consumption of tuna in airtight containers rather than domestic
production. Language that would have provided trade adjustment assistance to fishermen,
added by the Senate, was deleted in conference.
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 209 of P.L. 107-206 directs
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. 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 Fisheries. 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, amended,
without the fishery measures. S. 1401 was reported by the Senate Committee on Foreign
Relations on September 4, 2001 (S.Rept. 107-60). S.Res. 311 expresses the sense of the
Senate that the United States, at the World Summit on Sustainable Development and in
binding international agreements, support and pursue means to 1) reduce global fishing fleet
overcapacity to sustainable levels; 2) reduce bycatch and protecting endangered migratory
species, such as sea turtles, marine mammals, and sea birds; 3) address the international
aspects of marine debris; 4) combat the degradation and destruction of coral reefs; and 5)
reduce land-based pollution such as sewage and other nutrients.
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 26, 2002, a conference report was filed on H.R. 333 (H.Rept. 107-617),
including the family fishermen provisions in §1007.
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Sport Fish Restoration. 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. Section 5(c)(2)(A) of S. 2678 and §3(b)(1)(B) of S. 2861
would extend the transfer of Highway Trust Funds into the Sport Fish Restoration Account
from FY2005 to FY2009 (S. 2861) or FY2011 (S. 2678); no action has been taken on either
measure.
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. S. 2759
would modify controls on the entry of contaminated seafood into the United States. H.R.
5079 would increase the public information requirements for notification of waters where
fish or shellfish contamination is a concern. H.R. 5266 and S. 2815 would amend §482 of
the Clean Air Act to direct the EPA Administrator to enhance research to improve the
understanding of the contribution of mercury emissions from electricity generation to
mercury in fish. No action has been taken on any of these measures.
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 would place limits on the
federal government’s ability under the Magnuson Act to promulgate regulations that would
close areas to 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
reported on September 3, 2002 (S.Rept. 107-252); 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, 2001.
Endangered Fish. 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. H.R. 5099 would extend the authorization for capital construction
projects associated with endangered fish recovery programs for the Upper Colorado and San
Juan River Basins. No action has been taken on either 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
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of foreign aquacultural products as well as competition from the domestic poultry and
livestock industries [http://usda.mannlib.cornell.edu/reports/erssor/livestock/ldp-
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 208 of P.L. 107-206
modifies the definition of “wild fish” contained in P.L. 107-171. Country of origin language
that was included as §1001 of H.R. 3009, as passed by the Senate, was deleted in conference
and did not appear in P.L. 101-210.
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; FY2003 appropriations are being considered in
H.R. 5263/S. 2801.
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 26, 2002, a conference report was
filed on H.R. 333 (H.Rept. 107-617), including the family fishermen provisions in §1007.
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.
Product Safety. S. 2759 would modify controls on the entry of contaminated seafood
into the United States; 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
management authority to the federal government. However, that management authority, on
a species-by-species basis, could be returned to states that adopt conservation and
management programs consistent with the Act. It also provides that the moratorium on
taking can be waived for specific purposes, if the taking will not disadvantage the affected
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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 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.
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, and marked up this
measure on July 25, 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.
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). S.Res. 311 would express
U.S. policy at the World Summit on Sustainable Development as opposing commercial
whaling and efforts to reopen international trade in whalemeat or to downlist any whale
population in the Convention on International Trade in Endangered Species. 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
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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. On
July 9, 2002, the Senate Committee on Environment and Public Works held a hearing on S.
2225; no action has been taken on H.R. 2154.
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 was 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
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 NMFS FY2003 budget request. On July 24, 2002,
the Senate Committee on Appropriations reported S. 2778, providing FY2003 appropriations
for NMFS (S.Rept. 107-218), totaling more than $778 million.
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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Table 1. NOAA Fisheries Appropriations
(x $1000)
FY2001
FY2001
FY2002
FY2002
FY2003
FY2003
Request
Enacted
Request
Enacted
Request
S.Rept.
Fisheries
429,426
376,921
598,036
342,671
348,826
277,039
Protected
143,600
150,660
157,220
111,271
Resources
Habitat
48,193
44,545
46,415
40,151
Conservation
Enforcement
38,500
41,320
50,994
47,145
Surveillance
Base
not ident.
not ident.
not ident.
not ident.
not ident.
112,246
Acquisition
25,944
26,841
0
0
0
0
of Data
SUBTOTAL
455,370
634,055
598,036
579,196
603,455
587,852
Construction
21,900
54,180
14,700
37,184
17,000
24,000
Fleet
— 8,282
0
0
0
50,874
Replacement
Pacific
100,000
89,803
90,000
110,000
90,000
95,000
Coastal
Salmon
Recovery
Pacific
60,000
19,956
20,000
47,419
20,000
20,000
Salmon
Treaty
Other
19,691
9,362
11,475
1,430
10,781
1,145
Accounts
TOTAL
656,961
815,638
734,211
775,229
741,236
778,871
Sources: Annual NOAA Fisheries (formerly National Marine Fisheries Service) Budget
Justifications, House and Senate Committee Reports, and floor debates.
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); P.L. 107-171 (H.R. 2646); P.L. 107-206 (H.R. 4775); P.L. 107-210 (H.R.
3009); and P.L. 107-217 (H.R. 2068).
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H.Con.Res. 353 (Nussle); 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.
1832 (Towns); H.R. 1985 (Calvert); H.R. 1989 (Gilchrest); 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. 2587
(Tauzin); H.R. 2673 (Faleomavaega); H.R. 2732 (Baird); H.R. 2761 (Hooley): 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. 4895 (Saxton); H.R. 4948 (Thompson of California); H.R. 5030 (Young
of Alaska); H.R. 5079 (Pallone); H.R. 5099 (Hansen); H.R. 5266 (Barton): S.Res. 180
(Kerry); S.Res. 277 (Snowe); S.Res. 311 (Kerry); 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. 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. 2593 (Torricelli); S. 2627 (Cleland); S. 2678 (Baucus); S. 2711
(Inouye); S. 2737 (Baucus); S. 2759 (Hollings); S. 2778 (Hollings); S. 2815 (Smith of New
Hampshire); and S. 2861 (Inhofe).
Aquaculture
P.L. 107-76 (H.R. 2330); P.L. 107-171 (H.R. 2646); and P.L. 107-206 (H.R. 4775).
H.R. 333 (Gekas); H.R. 897 (Saxton); H.R. 2439 (Ross); H.R. 2964 (Pickering); H.R.
3727 (Peterson of Minnesota); H.R. 5263 (Bonilla); S. 420 (Grassley); S. 455 (Collins); S.
1494 (Lincoln); S. 1507 (Collins); S. 1628 (Harkin); S. 1673 (Lincoln); S. 1731 (Harkin);
S. 2759 (Hollings); and S. 2801 (Kohl).
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.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.Res. 311 (Kerry); S. 713 (Murkowski); S. 1328 (Landrieu); S. 1380 (Kerry); and S. 2225
(Levin).
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