Order Code IB10074
Issue Brief for Congress
Received through the CRS Web
Fishery, Aquaculture, and Marine Mammal
Legislation in the 107th Congress
Updated November 1, 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 to
resources in the open ocean and nearshore
expand the promotion, marketing, and pur-
coastal areas. A diverse body of laws and
chasing of pouched and canned salmon har-
regulations guides the management of these
vested 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
reported to the House, while H.R. 4781 has
extends authorization for aquaculture research
been 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 fisheries in
of origin and to distinguish between wild and
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 October 16, 2002, the House Committee on Resources reported H.R. 4966
(amended) which would modify the organization of coastal and ocean resource programs
within NOAA. On October 16, 2002, the House Committee on Resources reported
(amended) H.R. 701 in which §102(c) would authorize funding for a variety of fishery and
marine mammal activities. On October 16, 2002, the House Committee on Resources
reported (amended) H.R. 2202 of which §5 would require fish protection devices for the
Lower Yellowstone Irrigation Project. On October 11, 2002, the House Committee on
Resources reported H.R. 4749 (amended) to reauthorize and amend the Magnuson-Stevens
Fishery Conservation and Management Act. On October 11,2002, the Senate passed H.R.
3389 (amended), including priority Sea Grant funding language for aquatic invasive species
in §7. On October 9, 2002, the Senate Committee on Energy and Natural Resources
reported H.R. 5099 extending the authorization for endangered fish recovery programs in
the Upper Colorado and San Juan River Basins. On October 2, 2002, the House Committee
on Transportation reported H.R. 5428 (amended) of which §422 would require a feasibility
study of fish passage improvements in Oregon. (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. Under this Act, 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.
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
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are submitted to the Secretary of Commerce for approval. Approved plans are implemented
through regulations published in the Federal Register. 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
met many of the Act’s objectives [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
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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/NOAA Fisheries. 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. On September 26, 2002, the House Resources Subcommittee on
Fisheries Conservation, Wildlife, and Oceans held a hearing on H.Con.Res. 427, regarding
sanctions by the International Commission for the Conservation of Atlantic Tunas on nations
undermining the effectiveness of conservation and management measures for Atlantic
marlin.
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 reported H.R. 4749 (amended) on October 11, 2002 (H.Rept. 107-746). 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/NOAA Fisheries program for pelagic
longline highly migratory species bycatch and mortality reduction research. H.R. 5595
would provide direction to the Secretary of Commerce on appointing members to the Marine
Protected Areas Advisory Committee. 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. S. 2972 would establish a national cooperative research and
management program. S. 3110 would require further study before amendment 13 to the New
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England Council’s Northeast Multispecies (groundfish) Management Plan is implemented.
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 802 of S. 3018
would disregard any payments relating to the West Coast groundfish fishery under P.L. 106-
246 from any accounting for eligibility purposes for benefits or assistance under federal
programs; this measure has been placed on the Senate Legislative Calendar.
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. Section 5603 of H.R. 5569 would delete the sunset provision on state
authority to manage the West Coast Dungeness crab fishery; no action has been taken on this
measure.
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
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.
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
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418-6. The language of H.R. 1157 was also included as §§5001-5012 of H.R. 5569. 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. 5698 would provide emergency disaster
assistance for individuals and businesses harmed by the fall 2002 Klamath River fish kill as
well as establish water conservation and habitat restoration programs for this drainage. 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 421 of H.R. 5428 would require a feasibility study of fish passage
improvements in Oregon; H.R. 5428 was reported (amended, fish passage language in §422)
by the Committee on Transportation on October 2, 2002 (H.Rept. 107-717). 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 139 of H.R.
5093 would require mass marking of salmon produced at federal hatcheries; this measure
was reported July 11, 2002 (H.Rept. 107-564) and passed by the House on July 17, 2002.
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
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. 2202
was reported (amended) by the House Committee on Resources on October 16, 2002
(H.Rept. 107-760). 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
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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. Section 5604 of H.R. 5569 would authorize appropriations for the Connecticut
River Atlantic Salmon Commission through FY2010. No action has been taken on either
S.Res. 277 or H.R. 5569.
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
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 Invasive 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. H.R. 5395 would
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establish marine and freshwater research, development, and demonstration programs to
prevent, control, and eradicate invasive species. H.R. 5396 and S. 2964 would reauthorize
the Nonindigenous Aquatic Nuisance Prevention and Control Act through FY2007 and
amend this Act to expand programs to address aquatic invasive species control. Section 6
of H.R. 3389 and §5 of S. 2428 would authorize priority funding of $5 million annually to
the National 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. On October 11, 2002, the Senate passed H.R. 3389 (amended). S. 2428 was reported
by the Senate Committee on Commerce, Science, and Transportation on June 27, 2002
(S.Rept. 107-187). The priority funding language of H.R. 3389/S. 2428 was also included
in §5207 of H.R. 5569. H.Res. 560 expresses support for ballast water treatment regulations.
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.
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. H.R. 5578 would modify certain aid programs that may benefit seven nations
exporting large quantities of shrimp to the United States. No action has been taken on either
S. 1813 or H.R. 5578. 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
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requirement; and 2) authorize the President to grant duty-free treatment 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. On September 19, 2002, H.R. 1989 was ordered reported (amended)
by the Senate Committee on Commerce, Science, and Transportation. The language of H.R.
1989 was included as §§5021-5028 of H.R. 5569; no action has been taken on this measure.
International Fisheries. P.L. 107-228 extends authorizations for international
fishery commissions through FY2003 (§114(4)), modifies travel provided for Great Lakes
Fishery Commission advisory committee members (§208), and clarifies that authority under
the Fishermen’s Protective Act resides with the Secretary of State (§209). S.Res. 311 would
express 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; no action has
been taken on S.Res. 311.
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, and was passed by the Senate on 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. Section 8 of H.R. 5348 would separately address this same issue; no
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action has been taken on H.R. 5348. In addition, H.Con.Res. 488 proposed incorporation of
the language from §8 of H.R. 5348 as Title V of H.R. 2215 during consideration of the
conference report on H.R. 2215.
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. On October 16, 2002, H.R. 701 was
reported (amended) by the House Committee on Resources (H.Rept. 107-758, Part I). No
action has been taken on S. 1328.
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.
2729, H.R. 5079, and S. 1875 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.
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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. H.R. 4966 would modify the
organization of coastal and ocean resource programs within NOAA; this measure was
reported (amended) on October 16, 2002, by the House Committee on Resources (H.Rept.
107-759, Part I).
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. H.Res. 570 expresses concern for continued recreational
fishing access to waters near the Revillagigedo Islands of Mexico. No action has been taken
on any 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) and passed by the Senate on September 18,
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, 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; this measure was reported (amended) on September 24, 2002 (H.Rept.
107-672) and passed by the House on the same day. H.R. 5099 was reported by the Senate
Committee on Energy and Natural Resources on October 8, 2002. The language of H.R.
5099 was also included as §3807 of H.R. 5569. No action has been taken on H.R. 3570 or
H.R. 5569.
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. H.R. 5686 would
authorize the Great Lakes Fishery Commission to investigate the effect of migratory birds
on fish stock productivity. No action has been taken on either H.R. 3727 or H.R. 5686.
Lake Champlain. S. 2928 would amend the Clean Water Act to direct the U.S. Fish
and Wildlife Service to restore Lake Champlain fisheries using hatcheries and fish culture;
the Senate Committee on Environment and Public Works ordered this measure reported
(amended) on September 26, 2002.
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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/].
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 (H.Rept. 107-623) and S. 2801 (S.Rept. 107-223).
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, and was passed the Senate on a vote
of 83-15. On July 17, 2001, the Senate amended H.R. 333 to include the language of S. 420
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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. Section 8 of H.R. 5348 would
separately address this same issue; no action has been taken on H.R. 5348. In addition,
H.Con.Res. 488 proposed incorporation of the language from §8 of H.R. 5348 as Title V of
H.R. 2215 during consideration of the conference report on H.R. 2215.
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.
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. H.R. 5686 would
authorize the Great Lakes Fishery Commission to investigate the effect of migratory birds
on fish stock productivity. No action has been taken on either H.R. 3727 or H.R. 5686.
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. 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, polar bears
[http://species.fws.gov/bio_pola.html], manatees [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.
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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. 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. H.R. 5597/S. 3104 propose to amend the MMPA to repeal the
long-term goal for reducing to zero the incidental mortality and serious injury of marine
mammals in commercial fishing operations, and to modify the goal of take reduction plans
for reducing such takings; no action has been taken on either measure. 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 impacts on whales,
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 U.S. policy at 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 and downlisting any whale listed under the
Convention on International Trade in Endangered Species. H.Con.Res. 193 would direct
U.S. delegates to the IWC 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
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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 authorize funding for
state marine mammal stock surveys as well as preparation and implementation of state
mammal management plans. On October 16, 2002, H.R. 701 was reported (amended) by the
House Committee on Resources (H.Rept. 107-758, Part I). No action has been taken on S.
1328.
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/NOAA Fisheries FY2003 budget request.
On July 24, 2002, the Senate Committee on Appropriations reported S. 2778, providing
FY2003 appropriations for NMFS/NOAA Fisheries (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.
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
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FY2001
FY2001
FY2002
FY2002
FY2003
FY2003
Request
Enacted
Request
Enacted
Request
S.Rept.
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 of
25,944
26,841
0
0
0
0
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: Budget Justifications, House and Senate Committee Reports, and floor debate.
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); P.L. 107-217 (H.R. 2068); and P.L. 107-228 (H.R. 1646).
H.Con.Res. 353 (Nussle); H.Con.Res. 427 (Gilchrest); H.Con.Res. 488 (Holden);
H.Res. 560 (Camp); H.Res. 570 (Cunningham); 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. 1832 (Towns); H.R. 1985
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(Calvert); H.R. 1989 (Gilchrest); H.R. 2111 (Quinn); H.R. 2202 (Rehberg); H.R. 2215
(Sensenbrenner); 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. 2729 (Allen); 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. 4966 (Gilchrest); H.R. 5030 (Young of Alaska); H.R. 5079 (Pallone); H.R.
5093 (Skeen); H.R. 5099 (Hansen); H.R. 5266 (Barton): H.R. 5348 (Baldwin); H.R. 5395
(Ehlers); H.R. 5396 (Gilchrest); H.R. 5428 (Young of Alaska); H.R. 5569 (Hansen); H.R.
5578 (Paul); H.R. 5595 (Sanchez); H.R. 5686 (Stupak); H.R. 5698 (Thompson of
California): 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. 1501 (Durbin); S. 1676 (Kerry); S. 1766 (Daschle); S. 1768
(Feinstein); S. 1813 (Snowe); S. 1825 (Boxer); S. 1826 (Wyden); S. 1875 (Leahy); 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); S. 2861 (Inhofe); S. 2928 (Jeffords); S. 2964 (Levin); S.
2972 (Snowe); S. 3018 (Baucus); and S. 3110 (Collins).
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. 2215 (Sensenbrenner); H.R. 2439 (Ross);
H.R. 2964 (Pickering); H.R. 3727 (Peterson of Minnesota); H.R. 5263 (Bonilla); H.R. 5348
(Baldwin); H.R. 5686 (Stupak); 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); H.R. 5597 (Young of Alaska); 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); S. 2225 (Levin); and S. 3104 (Murkowski).
CRS-16

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