Order Code IB10109
CRS Issue Brief for Congress
Received through the CRS Web
Fishery, Aquaculture, and Marine Mammal
Legislation in the 108th Congress
Updated June 25, 2004
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
fer of vessels stricken from the Naval Vessel
resources in open ocean and nearshore coastal
Register for use as artificial reefs. Thus far,
areas. Many laws and regulations guide the
H.R. 4706, S. 482, and S. 2066 are the only
management of these resources by federal
bills introduced to reauthorize and compre-
agencies.
hensively 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 was reported by the House Committee
2004. P.L. 108-136 reauthorized the Sikes
on Resources on April 20, 2004.
Act through FY2008 and authorized the trans-
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MOST RECENT DEVELOPMENTS
On June 23, 2004, the House passed H.R. 4053, wherein §103 would require the
Secretary of State to 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. On June 23, 2004, both the House and Senate passed H.R. 4635, proposing
to extend Sport Fish Restoration funding through July 31, 2004. On June 17, 2004, the
House passed H.R. 4520, including provisions to repeal excise taxes on fish tackle boxes and
sonar devices for locating fish and to provide a charitable deduction for certain expenses
incurred in support of Native Alaskan subsistence bowhead whaling. On June 16, 2004, the
House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans held an
oversight hearing on fishery data collection. On June 16, 2004, the House Committee on
Ways and Means reported H.R. 4520. On June 15, 2004, the House passed H.R. 4503,
including provisions to allow federal hydropower licensees to propose alternatives to
fishways required by the Federal Energy Regulatory Commission as long as they do not
diminish fish passage. On June 15, 2004, the Senate Commerce Subcommittee on Oceans,
Fisheries, and Coast Guard held a hearing on S. 2066, MSFCMA amendment and
reauthorization. (Members and staff may request e-mail notification of new CRS reports on
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 nearshore marine sport and commercial fisheries,
where most seafood is caught. However, as techniques improved, fishermen ventured farther
offshore. Before the 1950s, the federal government assumed limited responsibility for
marine fisheries, responding primarily to international concerns and treaties as well as to
interstate conflicts. In the 1950s (Atlantic) and 1960s (Pacific), increasing numbers of
foreign vessels began catching the substantially unexploited seafood resources off U.S.
coasts. Since the United States then claimed only a 3-mile territorial jurisdiction, foreign
vessels could fish 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. On March 1, 1977, marine fishery resources within 200 miles of all
U.S. coasts, but outside state jurisdiction, came under federal jurisdiction, and a new regional
management system began allocating fishing rights, with priority 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 (Atlantic,
Gulf, and Pacific) interstate marine fishery commissions, created by congressionally-
approved compacts. Beyond state waters, out to 200 miles, the federal government manages
living resources for which regional councils develop fishery management plans (FMPs)
under the Magnuson-Stevens Act. Individual states manage fishermen operating state-
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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).
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.
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, three bills, H.R. 4706, S. 482 and S. 2066, have been
introduced to comprehensively amend and reauthorize the MSFCMA. On June 15, 2004, the
Senate Commerce Subcommittee on Oceans, Fisheries, and Coast Guard held a hearing on
S. 2066. The remaining measures deal with single or several related issues. Section 801
(Division B) of P.L. 108-199 directed the Secretary of Commerce to approve the Bering Sea
and Aleutian Islands crab rationalization program, including individual processor quota;
§802 established a Gulf of Alaska rockfish demonstration program; and §803 reopened an
Aleutian Islands pollock fishery. Also included in P.L. 108-199, §105 (Division H)
prohibited the spending of FY2004 funds to implement new regulations to reduce overfishing
and rebuild fish stocks off New England. Section §304 of P.L. 108-219 repealed the P.L.
108-199 prohibition on FY2004 New England fisheries expenditures; in addition, §401 of
P.L. 108-219 amended the MFCMA to recognize the Pacific Albacore Treaty with Canada.
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 EEZ. 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 of the New England Regional
Council; and S. 1624 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 and S. 2244 would
restrict the federal government’s ability to close areas to recreational fishing under the
MSFCMA. S. 910, in which § 3 would require annual performance evaluations by the Coast
Guard on fisheries law enforcement and marine safety activities, was reported July 29, 2003
(amended), by the Senate Committee on Governmental Affairs (S.Rept. 108-115). Similarly,
§321 of S. 733, as reported by the Senate Committee on Commerce, Science, and
Transportation (S.Rept. 108-202), and §321 of H.R. 2443, as passed by the Senate (amended)
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on March 30, 2004, would require the Coast Guard and NOAA to improve 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. 2197 and
§1825 of H.R. 3550 (as passed by the House (amended) on April 2, 2004) would clarify the
status of certain communities in the western Alaska community development quota program.
Title I of H.R. 4100 would provide grants to coastal states and counties for cooperative
fishery data collection, habitat conservation, enforcement, management, and planning. On
June 16, 2004, the House Resources Subcommittee on Fisheries Conservation, Wildlife, and
Oceans held an oversight hearing on fishery data collection programs.
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 March 23, 2004, the House passed H.R. 958 (amended). 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.
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 more 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.
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
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. This agreement was updated by a new accord in June
1999. 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, §303 of P.L. 108-219 reauthorized
the Yukon River Salmon Act through FY2008. 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
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Klamath 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 financially assist salmon habitat
restoration projects; the House Committee on Resources reported this bill (amended) on
September 16, 2003 (H.Rept. 108-272). 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 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. H.R. 4576 would
amend the Agricultural Marketing Act to make country of origin labeling voluntary. 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; §8112 of S. 2559, as reported, would extend this provision for 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. For background on the current shrimp trade
dispute, see CRS Report RS21776, Shrimp Trade Dispute: Chronology.
Recreational Fishing. Section 9 of P.L. 108-88 (H.R. 3087) extended Sport Fish
Restoration funding through February 29, 2004. Section 12 of P.L. 108-202 extended Sport
Fish Restoration funding through April 30, 2004. Section 10 of P.L. 108-224 extended Sport
Fish Restoration funding through June 30, 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). H.R. 2890 and S. 2244 would limit the federal
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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 encourage private landowners to provide
public access for fishing and other outdoor recreation. H.Con.Res. 382 would affirm that the
intent of Congress was to allow hunting and fishing on public lands within the National
Wildlife Refuge System.
Section 206 of H.R. 878, §503 of H.R. 1308, §1108 of H.R. 2896 (as reported), and
§290 of H.R. 4520 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) and
§291 of H.R. 4520 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. On June
16, 2004, the House Committee on Ways and Means reported H.R. 4520, amended (H.Rept.
108-548, Part I); the House passed H.R. 4520 (amended) on June 17, 2004. 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 January 9,
2004, S. 1072 was reported by the Committee on Environment and Public Works (S.Rept.
108-222), amended to comprehensively amend and reauthorize the Sport Fish Restoration
Program in Title IV. On February 12, 2004, the Senate passed S. 1072 (amended to place
the Sport Fish Program language in Title V, Subtitle E, Part II). Section 9101 of H.R. 3550
(as passed by the House (amended) on April 2, 2004) would extend the current allocation of
funding for the Sport Fish Restoration Program through FY2009 and extend the transfer of
small-engine fuel taxes to the Sport Fish Restoration Account through FY2011. On May 19,
2004, the Senate passed H.R. 3550 after amending it to incorporate the language of S. 1072.
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. 4635 would extend Sport Fish Restoration funding through July 31,
2004; the House and Senate passed this measure on June 23, 2004.
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
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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
(NANPCA) 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
NANPCA 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; on May 20, 2004, the
Senate Committee on Energy and Natural Resources reported (amended; invasive provision
in §3(b)(3)(F)(iv)) S. 1097 (S.Rept. 108-268). 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. Section 12 of H.R. 4101/S. 2271
would express the sense of Congress that strong, mandatory ballast water standards be
enacted. Title I of H.R. 4100 would provide grants to coastal states and counties for invasive
species identification and control. S. 2490 would amend NANPCA to promote the
development and adoption of new ballast water treatment technologies and standards. For
additional background on ballast water management, see CRS Report RL32344, Ballast
Water Management to Combat Invasive Species.
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. P.L. 108-219 amends the MFCMA to recognize the
Pacific Albacore Treaty with Canada and modifies the South Pacific Tuna Treaty Act to
provide for longlining. 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 modify the definition of “United States
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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. On March 4, 2004, the Senate incorporated the language of S. 671 into H.R. 1047
by amendment and passed the amended H.R. 1047. 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. P.L. 108-219 extends the reimbursement period under the
Fishermen’s Protective Act through FY2008, recognizes the Pacific Albacore Treaty with
Canada in the MFCMA, and modifies the South Pacific Tuna Treaty Act to provide for
longlining. 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. S. 2144 would authorize $20,800,000 for “International
Fisheries Commissions” for FY2005; the Senate Committee on Foreign Relations reported
this bill on March 18, 2004 (S.Rept. 108-248). On April 24, 2003, the Senate Committee on
Foreign Relations reported S. 925 (S.Rept. 108-39). 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. 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 EPA 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 public
advisories concerning mercury-contaminated fish. S. 1939 would require that public notice
on the effects of mercury exposure be available at 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 from raw or partially cooked fish and
shellfish; §3 of this same bill would require labeling to identify 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
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or shellfish contamination is a concern. S. 1218 would increase 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). The
Senate passed S. 1218 (amended) on March 24, 2004. S. 1844 would promote research to
clarify the contribution of U.S. electricity generation to mercury contamination in fish and
seafood. Section 3 of H.R. 3684 would require food labels to identify products containing
fish and crustacean shellfish for their allergen potential. On February 18, 2004, S. 741 was
reported, amended to include similar allergen labeling language in §203 (S.Rept. 108-226);
the Senate passed this bill (amended) on March 8, 2004.
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, §511 of S. 14/S. 1005, and §231 of S. 2095/H.R. 4503 would allow federal
hydropower licensees to propose alternatives to fishways required by the Federal Energy
Regulatory Commission as long as they would not diminish 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 report on H.R. 6 (H.Rept.
108-375, November 18, 2003) retained the fishway provisions in §231. The House passed
H.R. 4503 on June 15, 2004. 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 S. 1307 on October 15, 2003; and the
Committee reported this measure (amended) on March 29, 2004 (S.Rept. 108-249). Section
201 of S. 2188 would amend the Water Resources Development Act of 1986 to require full
mitigation for aquatic resource losses at Corps of Engineers projects.
Indian Claims and Fishing Rights. On March 2, 2004, President Bush signed P.L.
108-204, wherein Title III establishes the Quinault Permanent Fisheries Fund and other
accounts to manage funds received from claims settlement. 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. S. 2301 would modify how
Indian fishery resources are managed; the Senate Committee on Indian Affairs held a hearing
on this measure on April 29, 2004.
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 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 February 26, 2004, the House Resources
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Subcommittee on Fisheries Conservation, Wildlife, and Oceans held a hearing on H.R. 1856.
On August 26, 2003, the Senate Committee on Commerce, Science, and Transportation
reported S. 247 (S.Rept. 108-125); the Senate passed this measure (amended) on October 28,
2003. S. 1218, as reported by the Senate Commerce Committee (S.Rept. 108-203), identifies
hypoxia and HABs as important in addressing the role of oceans in human health. The
Senate passed S. 1218 (amended) on March 24, 2004.
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, S. 665, and S. 2456 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.” 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. H.R. 4210 would amend the Farm Credit Act
to assist businesses that provide services to commercial fishermen.
Health Care. Section 2 of H.R. 660/H.R. 4281, §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’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. On May 12, 2004, the language
of H.R. 4281 was incorporated in H.R. 4279, and H.R. 4279, as amended, passed the House.
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
protection to family fishermen 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. On January 28, 2004, the
House passed S. 1920, amended to incorporate the language of House-passed H.R. 975,
including the extension of protection to family fishermen.
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Striped Bass. H.R. 1286 would prohibit commercial harvesting of Atlantic striped
bass in U.S. coastal waters and the EEZ. 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. 3883 would reauthorize the Atlantic Striped Bass
Conservation Act through FY2006; the House Resources Subcommittee on Fisheries
Conservation, Wildlife, and Oceans held hearings on this bill on March 17-18, 2004.
Oil Spill Damage. S. 370, §320 of S. 733, as reported by the Senate Commerce
Committee (S.Rept. 108-202) and §320 of H.R. 2443, as passed by the Senate (amended) on
March 30, 2004, would amend the Oil Pollution Act of 1990 to authorize interim assistance
to fishermen awaiting the recovery of damages for injuries from oil spills.
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. On May 18, 2004, the House Resources
Subcommittee on Water and Power held a hearing on H.R. 2257. On May 19, 2004, the
Senate Energy Subcommittee on Water and Power held a hearing on S. 900.
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.
State Cooperative Programs. Title I of H.R. 4100 would provide grants to coastal
states and counties for cooperative fishery data collection, habitat conservation, enforcement,
management, and planning.
Climate Change. H.R. 4067 would require the Secretary of Commerce to prepare a
report on the observed and projected effects of climate change on marine life, habitat, and
commercial and recreational fisheries.
Fishing Vessel Safety. Section 104(a) of H.R. 4251 would extend the authorization
for the Commercial Fishing Industry Vessel Safety Advisory Committee through FY2010.
On May 5, 2004, the House Subcommittee on Coast Guard and Maritime Transportation held
a hearing on this measure; this measure was ordered reported (amended) by the House
Committee on Transportation and Infrastructure on May 12, 2004.
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Gear Loss. S. 2488 would authorize a NOAA program to address marine debris, with
particular emphasis on reducing and preventing commercial fishing gear loss.
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. Despite considerable growth, domestic aquaculture faces strong
competition from imported aquacultural products as well as from the domestic poultry and
livestock industries (see [http://usda.mannlib.cornell.edu/reports/erssor/livestock/ldp-aqs/
2002/aqs16.pdf]). With growth, aquaculture operations face 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.). P.L. 108-199
provided FY2004 appropriations for various aquaculture programs.
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
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. On January 28, 2004, the House passed S.
1920, amended to incorporate the language of House-passed H.R. 975, including the
extension of protection to family fishermen.
Oil Spill Damage. S. 370, §320 of S. 733, as reported by the Senate Commerce
Committee (S.Rept. 108-202), and §320 of H.R. 2443, as passed by the Senate (amended)
on March 30, 2004, would amend the Oil Pollution Act of 1990 to authorize interim
assistance to aquaculture operators awaiting the recovery of damages for oil spill injuries.
Business Assistance. H.R. 2802 would amend the Small Business Act to
specifically identify aquaculture operations as qualified small business concerns; this bill was
reported by the Committee on Small Business on October 21, 2003 (H.Rept. 108-325, Part
I). 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). S.
1637 passed the Senate (amended) on May 11, 2004. H.R. 4210 would amend the Farm
Credit Act to assist businesses that provide services to aquaculture operators.
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.
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National Policy. S.Res. 160/H.Res. 301/H.Res. 308 would express the sense of the
Congress that the federal government should strengthen 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. H.R. 4576 would amend the Agricultural Marketing Act to make
country of origin labeling voluntary.
Bird Predation. H.R. 3320 would authorize Animal and Plant Health Inspection
Service employees to take actions to manage and control migratory birds.
Research. Section 3(c)(3)(D) of S. 1218 would include “techniques for ... culturing
and aquaculturing marine organisms” in the authorization of an Interagency Oceans and
Human Health Research Program. The Senate Committee on Commerce, Science, and
Transportation reported S. 1218 (amended) on November 19, 2003 (S.Rept. 108-203), and
the Senate passed this bill (amended) on March 24, 2004.
Mitigation Hatcheries. H.R. 4383 would authorize specific activities wherein
National Fish Hatchery production would compensate for the impacts of federal water
development projects on aquatic resources.
Marine Mammals: Background and Issues
Due in part to 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.
The act established a moratorium on the “taking” of marine mammals in U.S. waters
and by U.S. nationals on the high seas and a moratorium on importing marine mammals and
products into the United States. This act expressly authorizes 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
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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. The MMPA shifted marine mammal
management authority from individual states 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. The act also authorizes the taking of marine mammals incidental to
commercial fishing operations. The taking of marine mammals incidental to the eastern
tropical Pacific tuna 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
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 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 April 20, 2004, the House Committee on Resources reported (amended)
this bill (H.Rept. 108-464). 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. Title I of H.R. 4100 would provide grants to coastal states and counties for
cooperative marine mammal data collection, habitat conservation, enforcement,
management, and planning. 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.
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.
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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
“Military Readiness and Environmental Exemptions” in CRS Report RL32183, Defense
Cleanup and Environmental Programs: Authorization and Appropriations for FY2004.
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, §4 of H.R. 1590, and §103 of H.R. 4053 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); and it passed the House on July 16, 2003.
On June 23, 2004, the House passed H.R. 4053.
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). The Senate passed S. 1218
(amended) on March 24, 2004.
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 Native Alaskan
subsistence bowhead whaling. On June 16, 2004, H.R. 4520 was reported (amended),
including this provision in §296; the House passed H.R. 4520 (amended) on June 17, 2004.
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 2, 2004, the Bush Administration requested FY2005 funds for federal
agencies and programs, including $623 million in direct program funds for NOAA Fisheries.
Section 105 of S. 1401 would authorize NOAA Fisheries appropriations from FY2004
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through FY2008; this bill was reported (amended) by the Committee on Commerce, Science,
and Transportation on December 9, 2003 (S.Rept. 108-219). NOAA Fisheries appropriations
for FY2004 totaling about $796 million were enacted in the omnibus appropriations bill, P.L.
108-199. This law also provided funding for a processing or fishery workers rural housing
demonstration project, a cooperative agreement for salmon baby food development, northeast
lobster and Bering Sea and Aleutians non-pollock groundfish capacity reduction programs,
and a shrimp-sea turtle interaction study by the National Academy of Sciences.
Table 1. NOAA Fisheries Appropriations
(in thousands of dollars)
FY2004
FY2004
FY2005
House
Request
Enacted
Request
Subcomm.
Fisheries
363,008
387,729
368,546
320,200
Protected Resources
160,740
137,987
154,965
120,500
Habitat Conservation
46,512
49,773
46,280
39,000
Enforcement Surveillance
50,698
46,801
53,401
46,000
SUBTOTAL
620,958
622,290
623,192
525,700
Procurement, Acquisition, and Construction
14,000
22,537
2,000
0
Pacific Coastal Salmon Recovery
90,000
89,052
100,000
80,000
Environmental Improvement & Restoration
5,509
2,150
4,219
0
Fund
Other Accounts
1,672
24,155
5,792
0
TOTAL
732,139
760,184
735,203
605,700
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); 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); P.L. 108-188 (H.J.Res. 63); P.L. 108-199 (H.R. 2673); P.L. 108-202 (H.R. 3850);
P.L. 108-204 (S. 523); P.L. 108-219 (H.R. 2584); and P.L. 108-224 (H.R. 4219).
H.Res. 30 (Cunningham); H.Res. 362 (Walsh); H.Con.Res. 268 (Saxton); H.Con.Res.
276 (Brown of Ohio); H.Con.Res. 382 (Vitter); 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. 1047
(Crane); H.R. 1080 (Gilchrest); H.R. 1081 (Ehlers); H.R. 1183 (Delahunt); H.R. 1261
(McKeon); H.R. 1286 (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.
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. 2443 (Young
of Alaska); H.R. 2500 (Stupak); H.R. 2557 (Young of Alaska); H.R. 2621 (Allen); H.R. 2641
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(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. 3108 (Boehner); 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. 3550 (Young of Alaska); H.R. 3620 (Neal); H.R. 3627 (Saxton); H.R. 3645 (Young of
Alaska); H.R. 3684 (Lowey); H.R. 3783 (Young of Alaska); H.R. 3883 (Gilchrest); H.R.
4067 (Gilchrest); H.R. 4100 (George Miller); H.R. 4101 (Farr); H.R. 4210 (LoBiondo); H.R.
4251 (Young of Alaska); H.R. 4279 (McCrery); H.R. 4281 (Sam Johnson); H.R. 4503
(Barton); H.R. 4520 (Thomas); H.R. 4576 (Goodlatte); H.R. 4635 (Young of Alaska); H.R.
4706 (Rahall); 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. 525 (Levin); S. 545 (Snowe);
S. 665 (Grassley); S. 671 (Grassley); S. 733 (Snowe); S. 741 (Sessions); 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. 1920 (Grassley); S. 1939 (Leahy); S. 1953
(Lautenberg); S. 1962 (Grassley); S. 1978 (McCain); S. 2004 (Grassley); S. 2066 (Snowe);
S. 2095 (Domenici); S. 2110 (Grassley); S. 2144 (Lugar); S. 2188 (Feingold); S. 2197
(Murkowski); S. 2244 (Hutchison); S. 2271 (Durbin); S. 2301 (Inouye); S. 2456 (Baucus);
S. 2488 (Inouye); S. 2490 (Inouye); and S. 2559 (Stevens).
Aquaculture
P.L. 108-7 (H.J.Res. 2) and P.L. 108-199 (H.R. 2673).
H.Res. 301 (Abercrombie); H.Res. 308 (McIntyre); H.R. 343 (Baldwin); H.R. 975
(Sensenbrenner); H.R. 1184 (Dingell); H.R. 2443 (Young of Alaska); H.R. 2654 (Vitter);
H.R. 2684 (Ross); H.R. 2802 (Manzullo); H.R. 3083 (Peterson of Minnesota); H.R. 3320
(Ross); H.R. 4210 (LoBiondo); H.R. 4383 (Deal); H.R. 4576 (Goodlatte); S.Res. 160
(Akaka); S. 106 (Collins); S. 370 (Smith), S. 733 (Snowe); S. 831 (Sarbanes); S. 1218
(Hollings); S. 1309 (Lincoln); S. 1427 (Bennett); S. 1637 (Frist); S. 1920 (Grassley); and S.
2004 (Grassley).
Marine Mammals
P.L. 108-7 (H.J.Res. 2); P.L. 108-108 (H.R. 2691); P.L. 108-136 (H.R. 1588); and P.L.
108-199 (H.R. 2673).
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); H.R. 4053
(Lantos); H.R. 4100 (George Miller); H.R. 4520 (Thomas); 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

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