Order Code IB10109
CRS Issue Brief for Congress
Received through the CRS Web
Fishery, Aquaculture, and Marine Mammal
Legislation in the 108th Congress
Updated November 4, 2003
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-Stevens Act Reauthorization
Pacific Salmon
Miscellaneous Issues
Aquaculture: Background and Issues
Miscellaneous Issues
Marine Mammals: Background and Issues
Marine Mammal Protection Act Reauthorization
Miscellaneous Issues
NOAA Fisheries Appropriations
LEGISLATION

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Fishery, Aquaculture, and Marine Mammal Legislation
in the 108th Congress
SUMMARY
Fish and marine mammals are important
and provided $100 million in fishery disaster
resources in open ocean and nearshore coastal
funding. Section 2105 of P.L. 108-11 directed
areas. Many laws and regulations guide the
the Secretary of Agriculture to promulgate
management of these resources by federal
regulations allowing wild seafood to be certi-
agencies.
fied or labeled as organic. Thus far, S. 482 is
the only bill introduced to reauthorize and
Reauthorization of major legislation —
comprehensively amend the MSFCMA.
the Magnuson-Stevens Fishery Conservation
and Management Act (MSFCMA) and the
Aquaculture — the farming of fish,
Marine Mammal Protection Act (MMPA) —
shellfish, and other aquatic animals and plants
will likely be on the agenda of the 108th Con-
in a controlled environment — is expanding
gress, since the authorization of appropriations
rapidly, both in the United States and abroad.
for both laws expired at the end of FY1999.
In the United States, important species cul-
In the 107th Congress, reauthorization bills
tured include catfish, salmon, shellfish, and
were introduced in the House and oversight
trout. Early in the 108th Congress, a promi-
hearings were held in both Chambers. One
nent issue is extending certain bankruptcy
House bill was reported and another was
protection to aquaculture operations (H.R. 343
marked up, but neither was enacted.
and H.R. 975).
Commercial and sport fishing are jointly
Marine mammals are protected under the
managed by the federal government and indi-
MMPA. This Act authorizes restricted use
vidual states. States have jurisdiction gener-
(“take”) of marine mammals. It addresses
ally within 3 miles of the coast. Beyond state
specific situations of concern, such as dolphin
jurisdiction and out to 200 miles, the federal
mortality, which is primarily associated with
government manages fisheries under the
the eastern tropical Pacific tuna fishery. In the
MSFCMA through eight regional fishery
108th Congress, P.L. 108-7 included language
management councils. Beyond 200 miles, the
directing the Department of Commerce to
United States participates in international
evaluate and document foreign compliance
agreements relating to specific areas or spe-
with the International Dolphin Conservation
cies.
Program. Early in the 108th Congress, a pro-
minent issue is how the MMPA might affect
In the 108th Congress, P.L. 108-7 created
military readiness (S. 747, S. 927, H.R. 1588,
a West Coast Groundfish Fishing Capacity
and H.R. 1835). Thus far, H.R. 2693 and
Reduction Program, directed NOAA Fisheries
H.R. 3316 are the only bills introduced to
to establish a Regional Office for the Pacific
reauthorize and comprehensively amend the
Area, required increased legal and fiscal
MMPA.
accountability for Pacific salmon recovery,
Congressional Research Service
˜ The Library of Congress

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MOST RECENT DEVELOPMENTS
On November 5, 2003, the House Committee on Resources is scheduled to mark up
H.R. 2693, reauthorizing the Marine Mammal Protection Act. On October 30, 2003, the
House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans held an
oversight hearing on the upcoming meeting of the International Commission for the
Conservation of Atlantic Tunas. On October 28, 2003, the Senate passed S. 247 (amended),
to reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act. On
October 28, 2003, the House Committee on Resources reported H.Con.Res. 268, expressing
the sense of the Congress regarding sanctions on nations that undermine the effectiveness of
conservation and management measures for Atlantic highly migratory species adopted by the
International Commission for the Conservation of Atlantic Tunas, and the House passed this
measure. On October 28, 2003, the House passed H.J.Res. 63 (amended), to permit the duty-
free import of specified amounts of canned tuna to the United States from the Federated
States of Micronesia and the Republic of the Marshall Islands. On October 24, 2003, the
House Committee on Science reported H.R. 1856 (amended), proposing to amend and
reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998
through FY2006. On October 22, 2003, the Senate Commerce Subcommittee on Oceans,
Fisheries, and Coast Guard held an oversight hearing on the condition of New England
groundfish fisheries. On October 20, 2003, the House passed H.R. 2048 (amended), in
which §2 would extend the reimbursement period under the Fishermen’s Protective Act
through FY2008 and §3 would reauthorize the Yukon River Salmon Act through FY2008.
On October 20, 2003, the House Committee on Science reported H.R. 1081 (amended),
proposing to establish marine and freshwater research, development, and demonstration
programs to prevent, control, and eradicate invasive species. On October 15, 2003, the
Senate Energy and Natural Resources Subcommittee on Water and Power held a hearing on
S. 1307, proposing to authorize the Secretary of the Interior, acting through the Bureau of
Reclamation, to assist in implementing fish passage and screening facilities at non-federal
water projects; and on S. 1308, proposing to authorize the Bureau of Reclamation and
NOAA Fisheries to implement a recent court decision relating to the Savage Rapids Dam,
Oregon. On October 15, 2003, the Senate Committee on Environment and Public Works
ordered S. 1669 reported, proposing to reauthorize the Sport Fish Restoration Program
through FY2004. On October 14, 2003, the House Resources Subcommittee on Fisheries
Conservation, Wildlife, and Oceans held an oversight field hearing in Annapolis, MD, on
efforts to introduce non-native oysters to Chesapeake Bay. (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 Gene Buck at 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. Before the 1950s, the federal government assumed
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limited responsibility for marine fisheries, responding primarily to international fishery
concerns and treaties (by enacting implementing legislation for treaties; e.g., the Northern
Pacific Halibut Act in 1937) as well as to interstate fishery conflicts (by consenting to
interstate fishery compacts; e.g., the Pacific Marine Fisheries Compact in 1947). In the late
1940s and early 1950s, several Latin American nations proclaimed marine jurisdictions
extending 200 miles offshore. This action was denounced by those within the United States
and other distant-water fishing nations who sought to preserve access for far-ranging fishing
vessels. Beginning in the 1950s (Atlantic) and 1960s (Pacific), increasing numbers of
foreign fishing vessels steamed into U.S. offshore waters to catch the substantially
unexploited seafood resources.
Since the United States then claimed only a 3-mile
jurisdiction (in 1964, P.L. 88-308 prohibited fishing by foreign-flag vessels within 3 miles
of the coast; in 1966, P.L. 89-658 proclaimed an expanded 12-mile exclusive U.S. fishery
jurisdiction), foreign vessels could fish many of the same stocks caught by U.S. fishermen.
U.S. fishermen deplored this “foreign encroachment” and alleged that overfishing was
causing stress on, or outright depletion of, fish stocks. The unsuccessful Law of the Sea
Treaty negotiations in the 1970s provided impetus for unilateral U.S. action.
The enactment of the Fishery Conservation and Management Act (FCMA) in 1976
(later renamed the Magnuson Fishery Conservation and Management Act and more recently
the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA)
[http://www.nmfs.noaa.gov/sfa/magact/]) 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.
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 fishery management plans
(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. 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 FMPs for those fisheries that they determine require
active federal management. After public hearings, revised FMPs are submitted to the
Secretary of Commerce for approval. Approved plans are implemented through regulations
published in the Federal Register. 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
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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
of
appropriations expired in FY1999.
Magnuson-Stevens Act Reauthorization
Background. The MSFCMA was last reauthorized in 1996 by P.L. 104-297, the
Sustainable Fisheries Act; 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. While NOAA
Fisheries contends that implementation of the 1996 amendments has met many of the Act’s
objectives [http://www.nmfs.noaa.gov/sfa/SFA-Report-FINAL7_1.pdf], 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 108th Congress may be seeking a balance between conserving
fish and maintaining a viable commercial fishing industry.
Congressional Action. At issue for the 108th Congress will be the terms and
conditions of provisions designed to reauthorize and amend the MSFCMA to address the
concerns of various interest groups. Thus far, only one bill, S. 482, has been introduced to
comprehensively amend and reauthorize the MSFCMA. The remaining measures deal with
single or several related issues. H.R. 1024 would establish a pelagic longline highly
migratory species bycatch and mortality reduction research program within NOAA Fisheries.
H.R. 1286 would prohibit the commercial harvesting of Atlantic striped bass in U.S. coastal
waters and the exclusive economic zone. H.R. 1690 would prohibit certain bottom trawl
gear to protect habitat and provide financial assistance to fishermen for transition to different
gear. S. 781 would modify membership of the Gulf of Mexico Regional Council. H.R.
2679/S. 1463 would modify membership of the New England Regional Council. S. 1624
would modify membership of the Mid-Atlantic Regional Council. H.R. 2889 would direct
the Secretary of Commerce to study fishery observer data to map migratory patterns and
delineate wintering and feeding areas of Atlantic striped bass. H.R. 2890 would restrict the
ability of the federal government to close areas to recreational fishing under the MSFCMA.
Section 3 of S. 910 would require annual performance evaluations by the Coast Guard on
fisheries law enforcement and marine safety activities; this measure was reported (amended)
by the Senate Committee on Governmental Affairs on July 29, 2003 (S.Rept. 108-115). S.
1106 and H.R. 2621 would establish national standards for fishing quota systems. Section
201 of H.R. 958 would reauthorize the Fisheries Survey Vessel Authorization Act of 2000
through FY2006. The House Resources Subcommittee on Fisheries Conservation, Wildlife,
and Oceans held a hearing on H.R. 958 on March 27, 2003; the House Committee on
Resources ordered this measure reported (amended) on October 29, 2003. On May 20, 2003,
the Senate Commerce Committee’s Subcommittee on Oceans, Fisheries, and Coast Guard
held a hearing on the North Pacific Fishery Management Council’s crab rationalization
program. Section 901 of S. 1585, as reported, would direct the Secretary of Commerce to
approve the Bering Sea and Aleutian Islands crab rationalization program (S.Rept. 108-144);
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§902 would prohibit essential fish habitat designation in Alaska waters prior to MSFCMA
reauthorization; §903 would establish a Gulf of Alaska rockfish demonstration program; and
§904 would reopen an Aleutian Islands pollock fishery. On October 22, 2003, the Senate
Commerce Subcommittee on Oceans, Fisheries, and Coast Guard held an oversight hearing
on the condition of New England groundfish fisheries. For additional information on
reauthorization issues likely to be discussed in the 108th Congress, see CRS Report RL30215,
The Magnuson-Stevens Fishery Conservation and Management Act: Reauthorization Issues
for the 107th Congress. A copy of a congressional memorandum, dated September 12, 2002,
comparing House and Senate proposals for amending the MSFCMA in the 107th Congress
may be requested by contacting Gene Buck directly at gbuck@crs.loc.gov.
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.
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. In the 108th Congress, H.R. 1097 would direct the Secretary
of Commerce to seek scientific analysis of federal efforts to restore Columbia River Basin
salmon and steelhead listed under the ESA.
H.R. 1604 would increase the funding
authorized for temperature control devices at Folsom Dam, California. H.R. 1760 would
establish water conservation and habitat restoration programs in the Klamath River basin and
provide emergency disaster assistance to those who suffered economic harm from the
Klamath River basin fish kill of 2002. H.R. 1753/S. 1438 would compensate the Spokane
Tribe for the loss of salmon fisheries related to the construction of Grand Coulee Dam. S.
1308 would authorize the Bureau of Reclamation and NOAA Fisheries to implement a recent
court decision relating to the Savage Rapids Dam, Oregon; the Committee on Energy and
Natural Resources Subcommittee on Water and Power held a hearing on this bill on October
15, 2003. Section 4021 of H.R. 2557 would require a feasibility study of fish passage
improvements in Oregon; this measure was reported (amended, with the fish passage
language in §4024) by the Committee on Transportation on September 5, 2003 (H.Rept. 108-
265), and passed by the House (amended) on September 24, 2003. Section 103 of S.
1555/H.R. 3327 would designate “salmon restoration areas” in northern California. H.R.
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1945 would authorize the Secretary of Commerce to provide financial assistance for salmon
habitat restoration projects; the House Committee on Resources reported this bill (amended)
on September 16, 2003 (H.Rept. 108-272). Section 3 of H.R. 2048 would reauthorize the
Yukon River Salmon Act through FY2008. The House Resources Subcommittee on
Fisheries Conservation, Wildlife, and Oceans held a hearing on H.R. 2048 on May 22, 2003;
the full committee reported this measure (amended) on October 7, 2003 (H.Rept. 108-300);
and the House passed the measure (amended) on October 20, 2003. On June 4, 2003, the
Senate Committee on Indian Affairs held a hearing on the impacts on tribal fish and wildlife
management programs in the Pacific Northwest. On June 24, 2003, the Senate Committee
on Environment and Public Works held a hearing to examine implementation of NOAA
Fisheries’ 2000 Biological Opinion for listed anadromous fish with regard to operation of
the Federal Columbia River Power System. For background on this issue, see CRS Report
98-666 ENR, Pacific Salmon and Anadromous Trout: Management Under the Endangered
Species Act and CRS Report RL31546, The Endangered Species Act and Science: The Case
of Pacific Salmon.
Miscellaneous Issues
Seafood Labeling.
Section 2105 of P.L. 108-11 amends the Organic Foods
Production Act of 1990 to direct the Secretary of Agriculture to promulgate regulations
allowing wild seafood to be certified or labeled as organic. H.R. 3083 would modify the
country of origin labeling requirements for wild and farm-raised fish. On October 1, 2003,
the House Agriculture Subcommittee on Livestock and Horticulture held an oversight
hearing to review mandatory country-of-origin labeling.
Trade. Section 8118 of P.L. 108-87 makes Department of Defense Buy American
requirements inapplicable to the procurement of fish, shellfish, or seafood products during
FY2004. H.R. 155/H.R. 2406 proposes to modify U.S. subsidies beneficial to certain foreign
competitors with the domestic shrimp industry. Section 3 of S. 1110/S. 1299/H.R. 2308
would authorize a program for trade adjustment assistance to commercial fishermen and fish
processors.
Recreational Fishing. Section 9 of P.L. 108-88 (H.R. 3087) extends Sport Fish
Restoration funding through February 29, 2004. H.Res. 30 would express concern for
continued U.S. recreational fishing access to waters near the Revillagigedo Islands of
Mexico; the House Resources Subcommittee on Fisheries Conservation, Wildlife, and
Oceans held a hearing on this bill on May 22, 2003, and it was reported on July 9, 2003
(H.Rept. 108-194). Section 1013 of S. 747/H.R. 1588 and §328 of S. 1047 would authorize
the transfer of vessels stricken from the Naval Vessel Register for use as artificial reefs; H.R.
1588 was reported (amended) by the House Committee on Armed Services on May 16, 2003
(H.Rept. 108-106), while S. 1047 was reported by the Senate Committee on Armed Services
on May 13, 2003, and passed by the Senate on May 22, 2003. H.R. 1588 was passed by the
House (amended) on May 22, 2003; and passed the Senate (amended to contain the language
of S. 1047) on June 4, 2003. Section 206 of H.R. 878 and §503 of H.R. 1308 would repeal
the excise tax on fishing tackle boxes that provides partial funding for the Sport Fish
Restoration Program. On March 5, 2003, the House Committee on Ways and Means
reported H.R. 878, amended (H.Rept. 108-23). On March 19, 2003, the House passed H.R.
1308; the Senate passed the bill (amended, deleting language to repeal the excise tax on
fishing tackle boxes) on June 5, 2003. Section 7501 of H.R. 2088/S. 1072 would extend the
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current allocation of funding for the Sport Fish Restoration Program through FY2009; §9007
would extend the transfer of small-engine fuel taxes to the Sport Fish Restoration Account
through FY2011. The Committee on Environment and Public Works Subcommittee on
Transportation and Infrastructure held a hearing on S. 1072 on May 20, 2003; the Committee
on Commerce, Science, and Transportation’s Subcommittee on Competition, Foreign
Commerce, and Infrastructure held a hearing on this bill on May 22, 2003. S. 1804 would
comprehensively amend and reauthorize the Sport Fish Restoration Program through
FY2009. H.R. 2839 would amend the Internal Revenue Code to modify the transfer of motor
fuel excise taxes attributable to motorboat and small engine fuels into the Aquatic Resources
Trust Fund. S. 1669 would reauthorize the Sport Fish Restoration Program through FY2004;
this measure was ordered reported by the Committee on Environment and Public Works on
October 15, 2003. H.R. 2890 would restrict the ability of the federal government to close
areas to recreational fishing under the MSFCMA.
H.Res. 362 would recognize the
importance and contribution of fishing and other outdoor sports to society; the House passed
this measure on September 23, 2003.
Invasive Species. Section 6(c) of S. 144 would exclude state funding for noxious
aquatic weed control from a noxious weed control program. On February 11, 2003, S. 144
was reported, amended (S.Rept. 108-6); the Senate passed this measure (amended) on March
4, 2003. H.R. 266 and S. 536 propose to authorize the National Invasive Species Council.
H.R. 989 would require regulations to assure that vessels entering the Great Lakes had
adequate ballast water treatment. H.R. 1080 would reauthorize the Nonindigenous Aquatic
Nuisance Prevention and Control Act through FY2008 and amend this Act to expand
programs to address aquatic invasive species concerns. H.R. 1081 would establish marine
and freshwater research, development, and demonstration programs to prevent, control, and
eradicate invasive species; the House Committee on Science reported this bill (amended) on
October 20, 2003 (H.Rept. 108-324, Part I). H.R. 2310 would establish an incentive grant
program to control and eradicate invasive species. Section 1006 of H.R. 2557 would direct
the Army Corps of Engineers to study several projects to address invasive aquatic plant
situations; this measure was reported (amended) by the Committee on Transportation on
September 5, 2003 (H.Rept. 108-265), and passed by the House (amended) on September 24,
2003. H.R. 3122 would direct the Coast Guard to promulgate regulations setting certain
ballast water treatment standards for vessel entry into the Great Lakes. S. 525 would both
amend and reauthorize the Nonindigenous Aquatic Nuisance Prevention and Control Act
through FY2008 and establish marine and freshwater research, development, and
demonstration programs; the Senate Environment and Public Works Subcommittee on
Fisheries, Wildlife, and Water held a hearing on this measure on June 17, 2003. S. 1398 and
H.R. 2720 would authorize funding for invasive species control in the Great Lakes. On April
29, 2003, the House Resources Subcommittee on Fisheries Conservation, Wildlife and
Oceans and Subcommittee on National Parks, Recreation, and Public Lands held a joint
oversight hearing on the growing problem of invasive species. Section 3(c)(3)(G)(iv) of H.R.
2641/S. 1097 would specifically authorize FY2004 through FY2007 appropriations for
invasive species activities as part of the CalFed Bay-Delta Program.
H.Con.Res.
276/S.Con.Res. 69 would require that any agreement signed by the United States not
preclude measures to combat invasive species. On September 16, 2003, the Senate passed
H.R. 2754, after amending it to fund the Army Corps of Engineers’ preparation of an
environmental impact statement for introducing non-native oysters into Chesapeake Bay,
with authorization for a scientific advisory body to assist the review. On October 14, 2003,
the House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans held
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an oversight field hearing in Annapolis, MD, on efforts to introduce non-native oysters to
Chesapeake Bay.
International Fisheries. Section 103(4) of S. 790 and §104(4) of S. 925 would
authorize an appropriation of $20,043,000 for “International Fisheries Commissions” for
FY2004. Section 114(4) of H.R. 1950 would authorize $20,043,000 for these commission
for both FY2004 and FY2005; the House Committee on International Relations reported
(amended) H.R. 1950 (H.Rept. 108-105, Part I) on May 16, 2003; the Committee on Armed
Services (amended) on June 30, 2003 (H.Rept. 108-105, Part III); and the Committee on
Energy and Commerce (amended) on July 11, 2003 (H.Rept. 108-105, Part IV). H.R. 1950
passed the House on July 16, 2003. S. 790 would authorize such sums as may be necessary
for “International Fisheries Commissions” for FY2005. On April 24, 2003, the Senate
Committee on Foreign Relations reported S. 925 (S.Rept. 108-39). Section 2 of H.R. 2048
would extend the reimbursement period under the Fishermen’s Protective Act through
FY2008. The House Resources Subcommittee on Fisheries Conservation, Wildlife, and
Oceans held a hearing on H.R. 2048 on May 22, 2003; the full committee reported this
measure (amended) on October 7, 2003 (H.Rept. 108-300); and the House passed the
measure (amended) on October 20, 2003. On June 12, 2003, the Senate Committee on
Commerce, Science, and Transportation held a hearing on global overfishing and
international fishery management. H.Con.Res. 268 would express the sense of the Congress
regarding sanctions on nations that undermine the effectiveness of conservation and
management measures for Atlantic highly migratory species, including marlin, adopted by
the International Commission for the Conservation of Atlantic Tunas. The House Resources
Subcommittee on Fisheries Conservation, Wildlife, and Oceans held a hearing on this
measure on September 11, 2003. The full committee reported H.Con.Res. 268 on October
28, 2003 (H.Rept. 108-327), and the House passed this measure this same day.
Seafood Safety. S. 366, S. 485, and H.R. 999 would amend the Clean Air Act to
direct the EPA Administrator to act to reduce mercury emissions from electricity generating
facilities. On April 8, 2003, the Senate Environment and Public Works Subcommittee on
Clean Air, Climate Change, and Nuclear Safety held a hearing on S. 485; additional hearings
were held on May 8 and June 5, 2003. Section 12 of S. 484 would amend the Clean Air Act
to evaluate the adequacy of public advisories concerning mercury-contaminated fish. Section
5 of S. 506/H.R. 1551 would require daily inspection of seafood commodities covered by
NOAA Fisheries inspection programs that are used in Department of Agricultural school
food programs. Section 2 of H.R. 1495 would require labels warning of increased risk of
illness for certain individuals on for raw or partially cooked fish and shellfish; §3 of this
same bill would require labeling identifying fish and shellfish that have been frozen. Section
4(c) of H.R. 1624 would amend §308 of the Federal Water Pollution Control Act to increase
public information requirements for notification of waters where fish or shellfish
contamination is a concern. S. 1218 would increase support and coordination of interagency
ocean science programs, including U.S. research and monitoring programs related to the role
of oceans in human health.
Hydropower. Section 102(a)(3)(H) of H.R. 238 and §101(a)(7) of H.R. 1343 would
set a goal for Department of Energy hydropower programs to decrease damage to fish and
aquatic ecosystems; H.R. 238 was reported (amended) by the House Committee on Science
on May 22, 2003 (H.Rept. 108-128, Part 1). H.R. 1013, §13001 of H.R. 6, §3001 of H.R.
1644, and §511 of S. 14/S. 1005 would allow federal hydropower licensees to propose
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alternatives to any fishways required by the Federal Energy Regulatory Commission as long
as the alternative would result in equal or greater fish passage. On April 8, 2003, the House
Committee on Energy and Commerce reported H.R. 1644, amended (H.Rept. 108-65, Part
I). On April 11, 2003, the House passed H.R. 6, as amended. On May 6, 2003, the Senate
Committee on Energy and Natural Resources reported S. 1005 (S.Rept. 108-43). On July
31, 2003, the Senate passed H.R. 6 (amended) with fishway language in §301 and language
to set a goal for Department of Energy hydropower programs to decrease damage to fish and
aquatic ecosystems in §1221(b)(8). S. 1307 would authorize the Secretary of the Interior,
acting through the Bureau of Reclamation, to assist in implementing fish passage and
screening facilities at non-federal water projects; the Senate Energy and Natural Resources
Subcommittee on Water and Power held a hearing on this measure on October 15, 2003.
Tuna. H.R. 1424 would extend the American Samoa Possession Tax Credit Act
through January 1, 2016, beneficial to American Samoan tuna canneries. S. 130 proposes
to amend the labeling requirements for “dolphin-safe tuna” in the Dolphin Protection
Consumer Information Act. Section 2004(f) of S. 671 would amend the Andean Trade
Preference Act to expand the definition of “United States vessel” relative to tuna harvesting;
this measure was reported by the Committee on Finance on March 20, 2003 (S.Rept. 108-
28). Section 242 of H.J.Res. 63/S.J.Res. 16 would permit duty-free import of specified
amounts of canned tuna to the United States from the Federated States of Micronesia and the
Republic of the Marshall Islands; the House Committee on Resources held a hearing on
H.J.Res. 63 on July 10, 2003. This measure was reported amended by the Committee on
International Relations (September 4, 2003; H.Rept. 108-262, Part I), the Committee on
Resources (September 15, 2003; H.Rept. 108-262, Part II), and the Committee on the
Judiciary (September 15, 2003; H.Rept. 108-262, Part III). H.J.Res. 63 was passed by the
House (amended) on October 28, 2003. The Senate Committee on Energy and Natural
Resources held a hearing on S.J.Res. 16 on July 15, 2003, and reported this measure
(amended) on October 1, 2003 (S.Rept. 108-159). S. 1739/S. 1782 would modify the duty
treatment of tuna to specifically identify tuna packed in pouches, and would eliminate duties
on certain tuna products imported from cited ASEAN nations. On October 30, 2003, the
House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans held an
oversight hearing on the upcoming meeting of the International Commission for the
Conservation of Atlantic Tunas.
Tax Provisions. S. 487/H.R. 2973 would amend the Internal Revenue Code to
provide a business credit against income for the purchase of fishing vessel safety equipment.
H.R. 927 and S. 665 would amend the Internal Revenue Code to allow commercial fishermen
to establish tax-deferred Farm and Ranch Risk Management Accounts to shelter a portion
of fishery income. Section 8 of S. 842 would allow income averaging by commercial
fishermen. Section 108 of S. 256/S. 272/S. 476 would amend the Internal Revenue Code to
provide tax incentives for participation in the Fish and Wildlife Services’ “Partners for Fish
and Wildlife Program” [http://partners.fws.gov/]. On February 27, 2003, S. 476 was reported
amended (S.Rept. 108-11); on April 9, 2003, the Senate passed this measure (amended).
Indian Claims and Fishing Rights. H.R. 2425 and Title III of S. 523 would
establish the Quinault Permanent Fisheries Fund and other accounts to manage funds
received from the settlement of claims. On May 15, 2003, S. 523 was reported, amended,
by the Committee on Indian Affairs (S.Rept. 108-49); this measure was passed by the Senate
(amended) on July 30, 2003. On October 29, 2003, the House Committee on Resources
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ordered S. 523 reported as well as H.R. 2425 reported (amended). Section 201 of H.R. 1661
would modify the treatment of income derived from the exercise of Indian fishing rights
(detailed in §7873 of the Internal Revenue Code), for purposes of calculating earned income
tax credit. On June 4, 2003, the Senate Committee on Indian Affairs held a hearing on the
impacts on tribal fish and wildlife management programs in the Pacific Northwest.
Habitat on Military Lands. H.R. 1497 and §311 of H.R. 1588 would reauthorize
Title I of the Sikes Act through FY2008.
On April 10, 2003, the House Resources
Subcommittee on Fisheries Conservation, Wildlife, and Oceans held a hearing on H.R. 1497.
On May 14, 2003, the House Committee on Resources reported H.R. 1497, as amended
(H.Rept. 108-100, Part I). H.R. 1588 was reported (amended) by the House Committee on
Armed Services on May 16, 2003 (H.Rept. 108-106), and passed by the House (amended)
on May 22, 2003; the Senate did not include the Sikes Act provision when passing H.R. 1588
(amended) on June 4, 2003.
Hypoxia and Harmful Algal Blooms. S. 247, S. 937, and H.R. 1856 would amend
and reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998
through FY2006.
On March 13, 2003, the House Science Subcommittee on the
Environment, Technology, and Standards held an oversight hearing on harmful algal bloom
and hypoxia research. On October 24, 2003, the House Committee on Science reported H.R.
1856, amended (H.Rept. 108-326, Part I). On August 26, 2003, the Senate Committee on
Commerce, Science, and Transportation reported S. 247, amended (S.Rept. 108-125); the
Senate passed this measure (amended) on October 28, 2003.
Health Care. Section 2 of H.R. 660 and S. 545 would amend the Employee
Retirement Income Security Act of 1974 to authorize associations within the fishing industry
for the purpose of providing health care plans for association members. On March 13, 2003,
the House Committee on Education and the Workforce’s Subcommittee on Employer-
Employee Relations held a hearing on H.R. 660; this measure was reported (amended) on
June 16, 2003 (H.Rept. 108-156), and passed by the House (amended) on June 19, 2003.
Great Lakes. H.R. 2500 would authorize the Great Lakes Fishery Commission to
investigate effects of migratory birds on the productivity of Great Lakes fish stocks. S. 1398
and H.R. 2720 would provide for coordinated environmental restoration of the Great Lakes.
On July 16, 2003, the Senate Governmental Affairs Subcommittee on Oversight of
Government Management, the Federal Workforce, and the District of Columbia held a
hearing on Great Lakes restoration.
Bankruptcy. H.R. 343 and §1007 of H.R. 975 would extend similar protection to
family fishermen as currently applies to family farmers under Chapter 12 of bankruptcy laws.
The House Judiciary Subcommittee on Commercial and Administrative Law held a hearing
on H.R. 975 on March 4, 2003, and reported this measure (amended) on March 18, 2003
(H.Rept. 108-40, Part I). On March 19, 2003, the House passed H.R. 975, as amended.
Assistance. On May 1, 2003, the House Committee on Education and the Workforce
reported H.R. 1261 (amended), in which §104(b)(2) would amend the Workforce Investment
Act to specifically identify displaced fishermen as individuals that states would serve in
relation to employment and training needs (H.Rept. 108-82); this measure was passed
(amended) by the House on May 8, 2003.
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Renewable Energy. H.R. 1183 would amend the Coastal Zone Management Act of
1972 to require that consideration be given to concerns for access restrictions affecting
commercial and recreational fishing when constructing and operating marine renewable
energy projects.
Oil Spill Damage. S. 370 would amend the Oil Pollution Act of 1990 to modify
provisions concerning the recovery of damages for injuries to fishermen and aquaculture
operations resulting from oil spills.
Capital Construction Fund. H.R. 2360/S. 1193 would provide for qualified
withdrawals from Capital Construction Fund accounts for fishermen leaving the industry for
rollover into individual retirement plans.
Corals and Coral Reefs. H.R. 1721 would amend the Foreign Assistance Act of
1961 to provide debt relief to developing nations that protect coral reef habitat.
Irrigation. Section 7 of S. 900/H.R. 2257 would require fish protection devices for the
Lower Yellowstone Irrigation Project.
Seafood Processing. Section 203(a)(1) of H.R. 3139 would require the Secretary
of Labor to promulgate regulations prohibiting minors from employment in seafood
processing.
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 (e.g., catfish and trout farms, [http://www.usda.gov/
nass/pubs/stathigh/2002/livestock02.pdf]); 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.
Despite considerable growth, the domestic
aquaculture industry faced strong competition in 2002 from imports of foreign aquacultural
products as well as competition from the domestic poultry and livestock industries
[http://usda.mannlib.cornell.edu/reports/erssor/livestock/ldp-aqs/2002/aqs16.pdf].
With
growth however, aquaculture operations are facing increasing scrutiny for habitat destruction,
pollution, and other concerns. The major statute affecting U.S. aquaculture is the National
Aquaculture Act of 1980, as amended (16 U.S.C. 2801 et seq.). FY2004 appropriations for
aquaculture in H.R. 2673 (agriculture) were passed by the House on July 14, 2003; in the
Senate, these programs are being considered in S. 1427 (S.Rept. 108-107).
Miscellaneous Issues
Bankruptcy. H.R. 343 and §1007 of H.R. 975 would extend similar protection to
family fishermen (including aquaculture operations) as currently applies to family farmers
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under Chapter 12 of bankruptcy laws. The House Judiciary Subcommittee on Commercial
and Administrative Law held a hearing on H.R. 975 on March 4, 2003, and reported this
measure (amended) on March 18, 2003 (H.Rept. 108-40, Part I). On March 19, 2003, the
House passed H.R. 975, as amended.
Oil Spill Damage. S. 370 would amend the Oil Pollution Act of 1990 to modify
provisions concerning the recovery of damages for injuries to fishermen and aquaculture
operations resulting from oil spills.
Discharge Penalties. Section 2 of H.R. 1184 would amend the Federal Water
Pollution Control Act to increase criminal penalties for negligent and knowing violations of
regulations applicable to aquacultural discharges.
National Policy. S.Res. 160/H.Res. 301/H.Res. 308 would express the sense of the
Congress that the federal government should actively pursue a unified approach to strengthen
and promote the national policy on aquaculture.
Decommissioned OCS Platforms. H.R. 2654 would amend the Outer Continental
Shelf Lands Act to direct the Secretary of the Interior to issue regulations authorizing the use
of decommissioned offshore oil and gas platforms for culture of marine organisms.
Chesapeake Bay. Section 6 of S. 831 would authorize grants to support education
and development of Chesapeake Bay aquaculture sciences and technologies.
Tax Provisions. Section 2(e) of S. 106 would specifically exclude small businesses
that raise fish from certain provisions modifying income tax on capital gains.
Crop Loss. S. 1309/H.R. 2684 would authorize emergency financial assistance for
fisheries crop loss attributable to a disaster.
Small Business Assistance. H.R. 2802 would amend the Small Business Act to
specifically identify aquaculture operations as qualified small business concerns.
Labeling. H.R. 3083 would modify the country of origin labeling requirements for
wild and farm-raised fish.
Bird Predation. H.R. 3320 would authorize Animal and Plant Health Inspection
Service employees to take actions to manage and control migratory birds.
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 assert that the
MMPA is scientifically irrational because it identifies 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.
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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, sea and marine otters, polar bears, manatees, and dugongs.
(FY2004 appropriations for FWS marine mammal programs are being considered in H.R.
2691 and S. 1391.) This division of authority derives from agency responsibilities as they
existed when the MMPA was enacted. Title II of the Act established an independent Marine
Mammal Commission (MMC) and its Committee of Scientific Advisors on Marine
Mammals to oversee and recommend actions necessary to meet the requirements of the Act.
Prior to passage of the MMPA, states were responsible for marine mammal
management on lands and in waters under their jurisdiction. The MMPA shifted marine
mammal management authority to the federal government. It provides, however, that
management authority, on a species-by-species basis, could be returned to states that adopt
conservation and management programs consistent with the purposes and policies of the Act.
It also provides that the moratorium on taking can be waived for specific purposes, if the
taking will not disadvantage the affected species or population. 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. The MMPA 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 only a negligible impact on any marine mammal
species or stock, provided that monitoring requirements and other conditions are met.
The Act’s moratorium on taking does not apply to any Indian, Aleut, or Eskimo who
resides in Alaska and who dwells near the coast of the North Pacific or Arctic Ocean, if such
taking is for subsistence purposes or for creating and selling authentic Native articles of
handicrafts and clothing, and is not done wastefully. The Act also authorizes the taking of
marine mammals incidental to commercial fishing operations.
In 1988, most U.S.
commercial fish harvesters were exempted from otherwise applicable rulemaking and permit
requirements for a 5-year period, pending development of an improved system to govern the
incidental taking of marine mammals in the course of commercial fishing operations. This
exemption expired at the end of FY1993, and was extended several times until new
provisions were enacted by P.L. 103-238, which reauthorized the MMPA through FY1999.
The eastern tropical Pacific tuna fishery was excluded from the incidental take regimes
enacted in 1988 and 1994. Instead, the taking of marine mammals incidental to that fishery
is governed by separate provisions of the MMPA, and was substantially amended by P.L.
105-42, the International Dolphin Conservation Program Act.
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Marine Mammal Protection Act Reauthorization
Background. The MMPA was reauthorized in 1994 by P.L. 103-238, the MMPA
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 (see
[http://www.nwfsc.noaa.gov/publications/techmemos/tm28/areas.htm]).
Congressional Action. At issue for the 108th Congress are the terms and conditions
of provisions designed to reauthorize and amend the MMPA to address the concerns of
various interest groups. On July 16, 2003, the Senate Commerce Subcommittee on Oceans,
Fisheries, and Coast Guard held a hearing on MMPA reauthorization issues. H.R. 2693 and
H.R. 3316 would amend and reauthorize the MMPA through FY2008. The House Resources
Subcommittee on Fisheries Conservation, Wildlife, and Oceans held a hearing on H.R. 2693
on July 24, 2003; on November 5, 2003, the full House Committee on Resources is
scheduled to mark up this bill. H.R. 2142 would amend the MMPA to repeal the goal for
reducing the incidental mortality and serious injury of marine mammals in commercial
fishing operations to zero and to modify the goal of take reduction plans for reducing such
takings.
On August 19, 2003, the House Resources Subcommittee on Fisheries
Conservation, Wildlife, and Oceans held an oversight field hearing in San Diego, California,
on the increasing frequency of interactions between marine mammals and humans. For
additional information on potential reauthorization issues in the 108th Congress, see CRS
Report RL30120, Marine Mammal Protection Act: Reauthorization Issues for the 107th
Congress.
Miscellaneous Issues
Military Readiness. On March 13, 2003, the House Armed Services Subcommittee
on Readiness held a hearing on potential amendments to the MMPA to address military
readiness concerns. Section 316(b) of S. 747, §301(b) of S. 927, §318 of H.R. 1588, and
§§3-5 of H.R. 1835 would amend the MMPA to modify the definition of harassment and
provisions relating to taking and importing of marine mammals as they relate to military
readiness activities. On May 6, 2003, the House Committee on Resources held a hearing on
H.R. 1835; on May 14, 2003, this Committee reported (amended) H.R. 1835 (H.Rept. 108-
99, Part 1). On May 16, 2003, the House Committee on Armed Services reported H.R. 1588
(amended) after adding marine mammal provisions in Committee markup (H.Rept. 108-106).
H.R. 1588 was passed by the House (amended) on May 22, 2003; the Senate did not include
the MMPA provision when passing H.R. 1588 (amended) on June 4, 2003.
International Whaling. H.Con.Res. 216/S.Con.Res. 55 would express the sense of
the Congress regarding U.S. policy at the 55th Annual Meeting of the International Whaling
Commission. Section 434 of H.R. 1950 and §4 of H.R. 1590 would require the Secretary of
State of annually send a high-level delegation to consult with key foreign governments in
every region to promote the U.S. agenda at the International Whaling Commission. H.R.
1950 was reported (amended) on May 16, 2003, by the Committee on International Relations
(H.Rept. 108-105, Part I); on June 30, 2003, by the Committee on Armed Services (H.Rept.
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108-105, Part III); and on July 11, 2003, by the Committee on Energy and Commerce
(H.Rept. 108-105, Part IV). H.R. 1950 passed the House on July 16, 2003.
Renewable Energy. H.R. 1183 would amend the Coastal Zone Management Act of
1972 to require that consideration be given to concerns for marine mammals and their critical
habitat when constructing and operating marine renewable energy projects.
Ocean Health. S. 1218 would increase support and coordination of interagency ocean
science programs, including U.S. research and monitoring programs related to the role of
oceans in human health.
Subsistence Whaling. S. 293/H.R. 952 would amend the Internal Revenue Code
to provide a charitable deduction for certain whaling expenses incurred in support of Native
Alaskan subsistence bowhead whaling activities.
Polar Bears. On June 17, 2003, the Senate Committee on Foreign Relations held a
hearing on the 2001 Agreement between the United States and Russia on the conservation
and management of the Alaska-Chukotka polar bear population. On September 23, 2003,
the Senate passed H.R. 2691 after adopting a floor amendment at §344 that would modify
§104(c)(5)(D) of the MMPA to permit the importation of polar bears harvested prior to the
enactment of final regulations; the conference agreement on H.R. 2691 retained the polar
bear language at §149 (H.Rept. 108-330).
Tuna-Dolphin. S. 130 proposes to amend the labeling requirements for “dolphin-safe
tuna” in the Dolphin Protection Consumer Information Act.
NOAA Fisheries Appropriations
On February 3, 2003, the Bush Administration released its request for FY2004 funding
for various federal agencies and programs. Major increases in the requested $732 million
for NOAA Fisheries include: $3 million to expand fishery observer coverage in the
Northeast; $3.1 million for implementing the 2000 Federal Columbia River Power System
Biological Opinion and Basin-wide Recovery Strategy; $3 million to continue modernization
and expansion of fishery stock assessments; $2.8 million to support efforts to reduce bycatch;
$2 million to fund consultations under §7 of the Endangered Species Act; and $2 million to
improve the understanding and prediction of climate change on major U.S. marine and
coastal ecosystems in the Bering Sea and Gulf of Alaska. The major decrease is elimination
of the funding provided in FY2003 under the bilateral Pacific Salmon Treaty for
capitalization of two enhancement and restoration funds.
On March 19, 2003, the House Resources Subcommittee on Fisheries Conservation,
Wildlife, and Oceans held a hearing on the FY2004 NOAA request. On March 12, 2003, the
Senate Commerce Subcommittee on Oceans, Fisheries, and Coast Guard held a hearing on
the FY2004 NOAA request. In the House, H.R. 2799, proposing FY2004 appropriations of
$643.4 million for NOAA Fisheries, was reported on July 21, 2003 (H.Rept. 108-221) and
passed by the House on July 23, 2004. The amount proposed for NOAA Fisheries in the
House-passed H.R. 2799 is $88.7 million (more than 12%) less than the Administration’s
request. In contrast, the Senate, in S. 1585, proposed FY2004 appropriations of $861.9
million for NOAA Fisheries (more than 17% higher than the Administration’s request), as
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was reported on September 4, 2003 (S.Rept. 108-144). In addition, §105 of S. 1401 would
authorize NOAA Fisheries appropriations from FY2004 through FY2008.
Table 1. NOAA Fisheries Appropriations
(In thousands of dollars)
FY2003
FY2003
FY2004
FY2004
FY2004
Request
Enacted
Request
House-
Senate-
passed
reported
Fisheries
339,234
349,504
363,008
333,287
396,616
Protected Resources
153,145
145,642
160,740
129,855
148,531
Habitat Conservation
45,527
62,261
46,512
47,590
63,871
Enforcement Surveillance
50,034
22,659
50,698
34,340
63,434
SUBTOTAL
587,940
580,066
620,958
545,072
672,452
Procurement, Acquisition,
17,000
7,000
14,000
8,100
17,492
and Construction
Fleet Replacement
0
50,874
0
0
53,000
Pacific Coastal Salmon
90,000
90,000
90,000
90,000
90,000
Recovery
Pacific Salmon Treaty
20,000
40,000
0
0
0
Saltonstall-Kennedy
4,127
11,325
218
218
27,000*
obligations
Environmental
1,362
0
5,509
0
0
Improvement &
Restoration Fund
Other Accounts
1,088
2
1,434
0
2,000
TOTAL
721,517
779,267
732,139
643,390
861,944
*Funding identified in S. 1585 (as reported), General Provisions-Department of Commerce, §207.
Sources: Budget Justifications, House and Senate Committee Reports, and floor debate.
LEGISLATION
Fisheries
P.L. 108-7 (H.J.Res. 2); P.L. 108-11 (H.R. 1559); P.L. 108-87 (H.R. 2658); and P.L.
108-88 (H.R. 3087).
H.Res. 30 (Cunningham); H.Res. 362 (Walsh); H.Con.Res. 268 (Saxton); H.Con.Res.
276 (Brown of Ohio); H.J.Res. 63 (Leach); H.R. 6 (Tauzin); H.R. 155 (Paul); H.R. 238
(Boehlert); H.R. 266 (Ehlers); H.R. 343 (Baldwin); H.R. 660 (Fletcher); H.R. 878 (Thomas);
H.R. 927 (Hulshof); H.R. 958 (Young of Alaska); H.R. 975 (Sensenbrenner); H.R. 989
(Hoekstra); H.R. 999 (Barton); H.R. 1013 (Radanovich); H.R. 1024 (Saxton); H.R. 1080
(Gilchrest); H.R. 1081 (Ehlers); H.R. 1183 (Delahunt); H.R. 1261 (McKeon); H.R. 1286
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(Pallone); H.R. 1308 (Thomas); H.R. 1343 (Woolsey); H.R. 1424 (Faleomavaega); H.R.
1495 (Pallone); H.R. 1497 (Pombo); H.R. 1551 (Schakowsky); H.R. 1588 (Hunter); H.R.
1604 (Doolittle); H.R. 1624 (Pallone); H.R. 1644 (Barton); H.R. 1661 (Rangel); H.R. 1690
(Hefley); H.R. 1721 (Kirk); H.R. 1753 (Nethercutt); H.R. 1760 (Thompson of California);
H.R. 1856 (Ehlers); H.R. 1945 (Thompson of California); H.R. 1950 (Hyde); H.R. 2048
(Gilchrest); H.R. 2088 (Young of Alaska); H.R. 2257 (Rehberg); H.R. 2308 (Levin); H.R.
2310 (Rahall); H.R. 2360 (Capps); H.R. 2406 (Paul); H.R. 2425 (Dicks); H.R. 2500
(Stupak); H.R. 2557 (Young of Alaska); H.R. 2621 (Allen); H.R. 2641 (George Miller); H.R.
2679 (Israel); H.R. 2691 (Taylor of North Carolina); H.R. 2720 (Emanuel); H.R. 2754
(Hobson); H.R. 2799 (Wolf); H.R. 2839 (Shaw); H.R. 2889 (Saxton); H.R. 2890 (Saxton);
H.R. 2973 (Simmons); H.R. 3083 (Peterson of Minnesota); H.R. 3122 (Miller of Michigan);
H.R. 3139 (Lantos); H.R. 3327 (Thompson of California); S.J.Res. 16 (Domenici);
S.Con.Res. 69 (Feingold); S. 14 (Domenici); S. 130 (Boxer); S. 144 (Craig); S. 247 (Snowe);
S. 256 (Grassley); S. 272 (Santorum); S. 366 (Jeffords); S. 370 (Smith); S. 476 (Grassley);
S. 482 (Collins); S. 484 (Leahy); S. 485 (Inhofe); S. 487 (Collins); S. 506 (Durbin); S. 523
(Campbell); S. 525 (Levin); S. 545 (Snowe); S. 665 (Grassley); S. 671 (Grassley); S. 747
(Warner); S. 762 (Stevens); S. 781 (Lott); S. 790 (Lugar); S. 842 (Kerry); S. 900 (Burns); S.
910 (Akaka); S. 925 (Lugar); S. 937 (Voinovich); S. 1005 (Domenici); S. 1047 (Warner);
S. 1072 (Inhofe); S. 1097 (Feinstein); S. 1106 (Snowe); S. 1110 (Bingaman); S. 1193
(Wyden); S. 1218 (Hollings); S. 1299 (Snowe); S. 1307 (Smith of Oregon); S. 1308
(Wyden); S. 1382 (Stevens); S. 1391 (Burns); S. 1398 (DeWine); S. 1401 (McCain); S. 1438
(Cantwell); S. 1463 (Clinton); S. 1555 (Boxer); S. 1624 (Reed); S. 1640 (Inhofe); S. 1669
(Inhofe); S. 1739 (Kerry); S. 1782 (Kerry); and S. 1804 (Breaux).
Aquaculture
P.L. 108-7 (H.J.Res. 2).
H.Res. 301 (Abercrombie); H.Res. 308 (McIntyre); H.R. 343 (Baldwin); H.R. 975
(Sensenbrenner); H.R. 1184 (Dingell); H.R. 2654 (Vitter); H.R. 2673 (Bonilla); H.R. 2684
(Ross); H.R. 2802 (Manzullo); H.R. 3083 (Peterson of Minnesota); H.R. 3320 (Ross); S.Res.
160 (Akaka); S. 106 (Collins); S. 370 (Smith), S. 831 (Sarbanes); S. 1309 (Lincoln); and S.
1427 (Bennett).
Marine Mammals
P.L. 108-7 (H.J.Res. 2).
H.Con.Res. 216 (Delahunt); H.R. 952 (Young of Alaska); H.R. 1183 (Delahunt); H.R.
1588 (Hunter); H.R. 1590 (Lantos); H.R. 1835 (Gallegly); H.R. 1950 (Hyde); H.R. 2142
(Young of Alaska); H.R. 2691 (Taylor of North Carolina); H.R. 2693 (Gilchrest); H.R. 2799
(Wolf); H.R. 3316 (Pallone); S.Con.Res. 55 (Snowe); S. 130 (Boxer); S. 293 (Murkowski);
S. 747 (Warner); S. 927 (Warner); S. 1218 (Hollings); S. 1391 (Burns); and S. 1401
(McCain).
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