Order Code IB10109
CRS Issue Brief for Congress
Received through the CRS Web
Fishery, Aquaculture, and Marine Mammal
Legislation in the 108th Congress
Updated January 8, 2004
Eugene H. Buck
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress

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
Act through FY2008 and authorized the trans-
resources in open ocean and nearshore coastal
fer of vessels stricken from the Naval Vessel
areas. Many laws and regulations guide the
Register for use as artificial reefs. Thus far, S.
management of these resources by federal
482 is the only bill introduced to reauthorize
agencies.
and comprehensively amend the MSFCMA.
Reauthorization of major legislation —
Aquaculture — the farming of fish,
the Magnuson-Stevens Fishery Conservation
shellfish, and other aquatic animals and plants
and Management Act (MSFCMA) and the
in a controlled environment — is expanding
Marine Mammal Protection Act (MMPA) —
rapidly, both in the United States and abroad.
will likely be on the agenda of the 108th Con-
In the United States, important species cul-
gress, since the authorization of appropriations
tured include catfish, salmon, shellfish, and
for both laws expired at the end of FY1999.
trout. In the 108th Congress, a prominent issue
is extending certain bankruptcy protection to
Commercial and sport fishing are jointly
aquaculture operations (H.R. 343 and H.R.
managed by the federal government and indi-
975).
vidual states. States have jurisdiction gener-
ally within 3 miles of the coast. Beyond state
Marine mammals are protected under the
jurisdiction and out to 200 miles, the federal
MMPA, which authorizes restricted use
government manages fisheries under the
(“take”) of marine mammals. It addresses
MSFCMA through eight regional fishery
specific situations of concern, such as dolphin
management councils. Beyond 200 miles, the
mortality, which is primarily associated with
United States participates in international
the eastern tropical Pacific tuna fishery. In the
agreements relating to specific areas or spe-
108th Congress, P.L. 108-7 directed the De-
cies.
partment of Commerce to evaluate and docu-
ment foreign compliance with the Interna-
In the 108th Congress, P.L. 108-7 created
tional Dolphin Conservation Program. P.L.
a West Coast Groundfish Fishing Capacity
108-108 modified the MMPA to permit the
Reduction Program, directed NOAA Fisheries
importation of polar bears harvested prior to
to establish a Regional Office for the Pacific
the enactment of final regulations. P.L. 108-
Area, required increased legal and fiscal
136 modified the MMPA’s definition of
accountability for Pacific salmon recovery,
harassment and provisions relating to taking
and provided $100 million in fishery disaster
marine mammals as they relate to military
funding. P.L. 108-11 directed the Secretary of
readiness activities and federal scientific
Agriculture to promulgate regulations allow-
research. Thus far, H.R. 2693 and H.R. 3316
ing wild seafood to be certified or labeled as
are the only bills introduced to reauthorize and
organic.
P.L. 108-88 extended Sport Fish
comprehensively amend the MMPA; H.R.
Restoration Act funding through February 29,
2693 has been ordered reported by the House
2004. P.L. 108-136 reauthorized the Sikes
Committee on Resources.
Congressional Research Service
˜ The Library of Congress

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MOST RECENT DEVELOPMENTS
On December 17, 2003, President Bush signed P.L. 108-188, wherein §242 permits
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, while §104(e)(8)(D) requires
a report analyzing the effects of this action on American Samoa’s economy. On December
9, 2003, the Senate Committee on Commerce, Science, and Transportation reported S. 1401,
which would authorize NOAA Fisheries appropriations through FY2008. (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
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.
The Fishery Conservation and Management Act (FCMA) in 1976 (renamed the
Magnuson Fishery Conservation and Management Act and later the Magnuson-Stevens
Fishery Conservation and Management Act; see [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
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congressionally-approved compacts. Beyond state waters, out to 200 miles, the federal
government manages living resources for which fishery management plans (FMPs) have
been developed under the Magnuson-Stevens Act. 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; see [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 in 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
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 Magnuson-Stevens Act (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 interests. 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
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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).
Similarly, §321 of S. 733, as reported by the Senate Committee on Commerce, Science, and
Transportation (S.Rept. 108-202) would require the Coast Guard and NOAA to improve their
consultations with each other and with state and local authorities in coordinating fishery law
enforcement. S. 1953 would establish management areas to protect specific deep sea corals.
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 reported this measure (amended) on November 21, 2003 (H.Rept. 108-400).
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); §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. Three
of the Alaska fisheries provisions of S. 1585 (excluding §902 on essential fish habitat, which
was dropped), were incorporated in the conference agreement on the omnibus appropriations
bill, H.R. 2673 (H.Rept. 108-401).
Also included in the conference agreement were
provisions (Division H, §105) that would prohibit the spending of FY2004 funds to
implement new regulations to reduce overfishing and rebuild fish stocks off New England.
H.R. 3645 would modify the definition of “essential fish habitat” and modify MSFCMA
measures to rebuild overfished fisheries. 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 salmon species spawn in Pacific drainages, 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
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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.
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 November 21, 2003,
the House passed H.R. 2584, after attaching the Yukon River Salmon Act reauthorization in
§303. 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
.
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Miscellaneous Issues
Seafood Labeling. Section 2105 of P.L. 108-11 amended 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 made 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 and
§102 of S. 1884 would authorize a program for trade adjustment assistance to commercial
fishermen, fish processors, and fishing communities.
Recreational Fishing. Section 9 of P.L. 108-88 (H.R. 3087) extended Sport Fish
Restoration funding through February 29, 2004. Section 1013 of P.L. 108-136 authorized
the transfer of vessels stricken from the Naval Vessel Register for use as artificial reefs.
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 206 of H.R. 878, §503 of H.R. 1308,
and §1108 of H.R. 2896 (as reported) would repeal the excise tax on fishing tackle boxes that
provides partial funding for the Sport Fish Restoration Program. Section 1111 of H.R. 2896
(as reported) would also repeal the excise tax on sonar fish finders. 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 this bill (amended, deleting
language to repeal the excise tax on fishing tackle boxes) on June 5, 2003. Title II of S. 1962
would create a Sport Fish Restoration Trust Fund and modify the excise tax on certain sport
fishing equipment. Section 7501 of H.R. 2088/S. 1072 would extend the 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. On November 12, 2003, S. 1072
was ordered reported (amended) by the Committee on Environment and Public Works. S.
1804 and Title V of S. 1978 would comprehensively amend and reauthorize the Sport Fish
Restoration Program through FY2009; S. 1978 was reported by the Committee on
Commerce, Science, and Transportation on November 25, 2003 (S.Rept. 108-215). 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 reported by the Committee on Environment and Public Works on November 5, 2003
(S.Rept. 108-186). H.R. 2890 would limit the federal government’s ability to close areas to
recreational fishing under the MSFCMA. H.Res. 362/S.Res. 279 would recognize the
importance and contribution of fishing and other outdoor sports to society; the House passed
H.Res. 362 on September 23, 2003. H.R. 3482/S. 1840 would establish a grant program to
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encourage private landowners to provide public access for fishing and other outdoor
recreation.
Habitat on Military Lands. Section 311 of P.L. 108-136 reauthorized Title I of the
Sikes Act through FY2008.
Invasive Species. P.L. 108-137 funded 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. 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 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.
Tuna. Section 242 of P.L. 108-188 permits 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, while §104(e)(8)(D) requires a report analyzing the effects of this
action on American Samoa’s economy. H.R. 1424 would extend the American Samoa
Possession Tax Credit Act, beneficial to American Samoan tuna canneries, through January
1, 2016. 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 and §3604(f) of
H.R. 3521 would amend the Andean Trade Preference Act to expand the definition of
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“United States vessel” relative to tuna harvesting. S. 671 was reported by the Committee on
Finance on March 20, 2003 (S.Rept. 108-28), while H.R. 3521 was passed by the House on
November 20, 2003. S. 1739/S. 1782/H.R. 3620 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.
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 November 21, 2003, the House passed H.R.
2584, after attaching the Fishermen’s Protective Act provision in §302. 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. S. 1861 would establish a framework for legislative and executive consideration of
unilateral sanctions against foreign nations.
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. S.
1939 would require that public notice on the effects of mercury exposure be readily available
at all businesses that sell fish and seafood where the potential for mercury exposure exists.
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 to identify fish and shellfish that have been frozen.
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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 seafood
safety and the role of oceans in human health; the Committee on Commerce, Science, and
Transportation reported this bill (amended) on November 19, 2003 (S.Rept. 108-203). S.
1844 would promote research to clarify the contribution of U.S. electricity generation to
mercury concentration in fish and seafood. H.R. 3684 would require food labels to identify
products containing fish and crustacean shellfish for their allergin potential.
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
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). The conference on H.R. 6 (H.Rept. 108-375, November
18, 2003) retained the fishway provisions in §231. 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.
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 claims settlement. On May 15, 2003, S. 523 was reported, amended, by the
Committee on Indian Affairs (S.Rept. 108-49); this measure passed the Senate (amended)
on July 30, 2003. On November 17, 2003, the House Committee on Resources reported
(amended) H.R. 2425 (H.Rept. 108-367) and S. 523 (H.Rept. 108-374, Part I). Section 201
of H.R. 1661 would modify the treatment of income 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.
Hypoxia and Harmful Algal Blooms (HABs). 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 HABs 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. S. 1218, as reported by the
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Senate Committee on Commerce, Science, and Transportation (S.Rept. 108-203), identifies
hypoxia and HABs as important elements in addressing the role of oceans in human health.
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. S. 1831 and §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).
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 dislocated 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. On November 14, 2003, the Senate amended H.R.
1261 to substitute the language of S. 1627, which did not contain the displaced fishermen
provision, and passed the amended H.R. 1261.
Health Care. Section 2 of H.R. 660, §402 of H.R. 3423, and S. 545 would amend the
Employee Retirement Income Security Act of 1974 to authorize fishing industry associations
to provide 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, §1007 of H.R. 975, and §8 of S. 2004 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.
Oil Spill Damage. S. 370 and §320 of S. 733, as reported by the Senate Committee
on Commerce, Science, and Transportation (S.Rept. 108-202), would amend the Oil
Pollution Act of 1990 to authorize interim assistance to fishermen awaiting the recovery of
damages for injuries from oil spills.
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Renewable Energy. H.R. 1183 would amend the Coastal Zone Management Act to
require that consideration be given to concerns for access restrictions affecting commercial
and recreational fishing when constructing and operating marine renewable energy projects.
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. S. 1953
would establish coral management areas to protect specific deep sea corals.
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 Labor
Secretary to prohibit minors from employment in seafood processing.
National Policy. H.R. 3627 would establish an Office of Oceans and Coastal Policy
in the Executive Office of the President.
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 (amended) on July 14,
2003, and by the Senate (amended) on November 6, 2003; a conference report was filed on
H.R. 2673 on November 25, 2003 (H.Rept. 108-401).
Miscellaneous Issues
Bankruptcy. H.R. 343, §1007 of H.R. 975, and §8 of S. 2004 would extend similar
protection to family fishermen (including aquaculture operations) as currently applies to
family farmers under Chapter 12 of bankruptcy laws. The House Judiciary Subcommittee
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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 and §320 of S. 733, as reported by the Senate Committee
on Commerce, Science, and Transportation (S.Rept. 108-202), would amend the Oil
Pollution Act of 1990 to authorize interim assistance to aquaculture operators awaiting the
recovery of damages for injuries from oil spills.
Business Assistance.
H.R. 2802 would amend the Small Business Act to
specifically identify aquaculture operations as qualified small business concerns. As reported
on November 7, 2003, §307 of S. 1637 would modify cooperative marketing rules to include
feeding products to fish and sale of the cultured fish (S.Rept. 108-192).
Decommissioned OCS Platforms. H.R. 2654 would amend the Outer Continental
Shelf Lands Act to direct the Secretary of the Interior to authorize the use of decommissioned
offshore oil and gas platforms for culturing marine organisms.
National Policy. S.Res. 160/H.Res. 301/H.Res. 308 would express the sense of the
Congress that the federal government should strengthen and promote the national policy on
aquaculture.
Discharge Penalties. Section 2 of H.R. 1184 would amend the Clean Water Act to
increase criminal penalties for certain violations of regulations on aquacultural discharges.
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.
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 promoted research and
increased understanding of marine life as well as encouraged 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 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 Secretaries of the Interior and Commerce 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 were
enacted in P.L. 108-108.) 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 Alaskan Indian, Aleut, or Eskimo
who lives near the coast, if such taking is for subsistence or for creating handicrafts and
clothing, and is not done wastefully. The Act also authorizes the taking of marine mammals
incidental to commercial fishing operations. In 1988, most U.S. commercial fish harvesters
were exempted from otherwise applicable rulemaking and permit requirements for a 5-year
period, pending development of an improved system to govern the incidental taking of
marine mammals in the course of commercial fishing operations. This exemption expired
at the end of FY1993, and was extended several times until new provisions were enacted by
P.L. 103-238, which reauthorized the MMPA through FY1999. The eastern tropical Pacific
tuna fishery was excluded from the incidental take regimes enacted in 1988 and 1994.
Instead, the taking of marine mammals incidental to that fishery is governed by separate
provisions of the MMPA, and was substantially amended by P.L. 105-42, the International
Dolphin Conservation Program Act.
Marine Mammal Protection Act Reauthorization
Background. The MMPA was reauthorized in 1994 by P.L. 103-238, the 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
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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 interests. 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 House Committee on Resources ordered this bill
reported (amended). 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
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. Section 149 of P.L. 108-
108 modified §104(c)(5)(D) of the MMPA to permit the importation of polar bears harvested
prior to the enactment of final regulations.
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 319 of P.L. 108-136 amended the MMPA to modify the
definition of harassment and provisions relating to taking marine mammals as they relate to
military readiness activities and federal scientific research. For additional information, see
CRS Report RL32183, Defense Cleanup and Environmental Programs: Authorization and
Appropriations for FY2004
, section on “Military Readiness and Environmental Exemptions.”
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.
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.
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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; the Committee on Commerce, Science, and Transportation reported
this bill (amended) on November 19, 2003 (S.Rept. 108-203).
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.
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.
Tuna-Dolphin. S. 130 would amend the labeling requirements for “dolphin-safe tuna”
in the Dolphin Protection Consumer Information Act. S. 1861 would establish a framework
for legislative and executive consideration of unilateral sanctions against foreign nations.
Southern Sea Otter. H.R. 3545 would direct the Interior Secretary to implement
recovery and research programs for the southern sea otter.
Canadian Sealing. S.Res. 269 would urge Canada to end commercial seal hunting.
NOAA Fisheries Appropriations
On February 3, 2003, the Bush Administration requested FY2004 funding for various
federal agencies and programs. Major increases in the requested $732 million for NOAA
Fisheries included $3 million to expand Northeast fishery observers; $3.1 million for
implementing the 2000 Federal Columbia River Power System Biological Opinion and
Basin-wide Recovery Strategy; $3 million to modernize and expand fishery stock
assessments; $2.8 million 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 was elimination of FY2003 funds under the bilateral Pacific
Salmon Treaty to capitalize 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
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; this bill was
reported (amended) by the Committee on Commerce, Science, and Transportation on
December 9, 2003 (S.Rept. 108-219). Subsequently, NOAA Fisheries appropriations for
FY2004 were incorporated in the omnibus appropriations bill, H.R. 2673.
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Table 1. NOAA Fisheries Appropriations
(In thousands of dollars)
FY2003
FY2003
FY2004
FY2004
FY2004
FY2004
Request
Enacted
Request
House-
Senate-
Confer-
passed
reported
ence
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
50,034
22,659
50,698
34,340
63,434
Surveillance
SUBTOTAL
587,940
580,066
620,958
545,072
672,452
639,990
Procurement,
17,000
7,000
14,000
8,100
17,492
26,092
Acquisition, and
Construction
Fleet Upgrade
0
50,874
0
0
58,700
22,700
Pacific Coastal
90,000
90,000
90,000
90,000
90,000
90,000
Salmon Recovery
Pacific Salmon
20,000
40,000
0
0
0
0
Treaty
Saltonstall-Kennedy
4,127
11,325
218
218
27,000*
17,000**
obligations
Environmental
1,362
0
5,509
0
0
0
Improvement &
Restoration Fund
Other Accounts
1,088
2
1,434
0
2,000
0
TOTAL
721,517
779,267
732,139
643,390
867,644
795,782
Sources: Budget Justifications, House and Senate Committee Reports, and floor debate.
*General Provisions-Department of Commerce (§207) of S. 1585 (Senate report).
**General Provisions-Department of Commerce (§208) of H.R. 2673 (conference report).
LEGISLATION
Fisheries
P.L. 108-7 (H.J.Res. 2); P.L. 108-11 (H.R. 1559); P.L. 108-87 (H.R. 2658); P.L. 108-88
(H.R. 3087); P.L. 108-108 (H.R. 2691); P.L. 108-136 (H.R. 1588); P.L. 108-137 (H.R.
2754); and P.L. 108-188 (H.J.Res. 63).
H.Res. 30 (Cunningham); H.Res. 362 (Walsh); H.Con.Res. 268 (Saxton); H.Con.Res.
276 (Brown of Ohio); 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 (Pallone); H.R. 1308
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(Thomas); H.R. 1343 (Woolsey); H.R. 1424 (Faleomavaega); H.R. 1495 (Pallone); H.R.
1497 (Pombo); H.R. 1551 (Schakowsky); 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. 2584 (Faleomavaega); H.R. 2621 (Allen); H.R. 2641 (George Miller); H.R. 2679
(Israel); H.R. 2720 (Emanuel); 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); H.R. 3482
(Pomeroy); H.R. 3521 (Thomas); H.R. 3620 (Neal); H.R. 3627 (Saxton); H.R. 3645 (Young
of Alaska); H.R. 3684 (Lowey); S.Res. 279 (Coleman); 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. 733
(Snowe); 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); 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. 1585 (Gregg); S. 1624 (Reed); S. 1640
(Inhofe); S. 1669 (Inhofe); S. 1739 (Kerry); S. 1782 (Kerry); S. 1804 (Breaux); S. 1831
(Smith); S. 1840 (Conrad); S. 1844 (Inhofe); S. 1861 (Lugar); S. 1884 (Kerry); S. 1939
(Leahy); S. 1953 (Lautenberg); S. 1962 (Grassley); S. 1978 (McCain); and S. 2004
(Grassley).
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. 733 (Snowe); S. 831 (Sarbanes); S. 1309
(Lincoln); S. 1427 (Bennett); S. 1637 (Frist); and S. 2004 (Grassley).
Marine Mammals
P.L. 108-7 (H.J.Res. 2); P.L. 108-108 (H.R. 2691); and P.L. 108-136 (H.R. 1588).
H.Con.Res. 216 (Delahunt); H.R. 952 (Young of Alaska); H.R. 1183 (Delahunt); H.R.
1590 (Lantos); H.R. 1835 (Gallegly); H.R. 1950 (Hyde); H.R. 2142 (Young of Alaska); H.R.
2693 (Gilchrest); H.R. 2799 (Wolf); H.R. 3316 (Pallone); H.R. 3545 (Farr); S.Con.Res. 55
(Snowe); S.Res. 269 (Levin); S. 130 (Boxer); S. 293 (Murkowski); S. 747 (Warner); S. 927
(Warner); S. 1218 (Hollings); S. 1391 (Burns); S. 1401 (McCain); S. 1585 (Gregg); and S.
1861 (Lugar).
CRS-16