Order Code RL33813
Fishery, Aquaculture, and Marine Mammal
Legislation in the 110th Congress
Updated October 8, 2008
Eugene H. Buck
Specialist in Natural Resources Policy
Resources, Science, and Industry Division

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Fishery, Aquaculture, and Marine Mammal
Legislation in the 110th Congress
Summary
Fish and marine mammals are important resources in open ocean and nearshore
coastal areas; many federal laws and regulations guide their management.
Commercial and sport fishing are jointly managed by the federal government
and individual states. States generally have jurisdiction within 3 miles of the coast.
Beyond state jurisdiction and out to 200 miles, the federal government manages
fisheries under the MSFCMA through eight regional fishery management councils.
Beyond 200 miles, the United States participates in international agreements relating
to specific areas or species. The 110th Congress has enacted P.L. 110-28, providing
$60.4 million for Pacific salmon emergency disaster assistance as well as $110
million for hurricane recovery assistance to the Gulf of Mexico shrimp and fishing
industries, P.L. 110-161 provided $13.395 million for alleviating economic impacts
on the Massachusetts groundfish fishery, and provisions in P.L. 110-246 transferred
$170 million to NMFS for distribution to commercial and recreational members of
the fishing communities affected by the salmon fishery failure in California, Oregon,
and Washington. Provisions in P.L. 110-114 increased the authorization for research
on Columbia and Snake River salmon survival, including methods to reduce avian
predation on juvenile salmon; coordinated management of two aquatic nuisance
species dispersal barriers on the Chicago Sanitary and Ship Canal and authorized an
Upper Mississippi River dispersal barrier project; authorized a feasibility study of a
dispersal barrier on the Lake Champlain Canal; modified oyster restoration programs
in Long Island Sound, Chesapeake Bay, and Delaware Bay; and modified Great
Lakes fisheries restoration, allowing nonfederal participants to provide as much as
100% of their nonfederal share through in-kind contributions. P.L. 110-181 directed
the Secretary of Transportation to review ship disposal practices, including use of
disposed vessels as artificial reefs. P.L. 110-243 directed the United States to initiate
international discussions to negotiate an agreement for managing fish stocks in the
Arctic Ocean.
Aquaculture — the farming of fish, shellfish, and other aquatic animals and
plants in a controlled environment — is expanding rapidly abroad, with more modest
advances in the United States. In the United States, important species cultured
include catfish, salmon, shellfish, and trout. In the 110th Congress, H.R. 2010 and S.
1609 have been introduced to promote the development of aquaculture in offshore
federal waters. The 110th Congress enacted P.L. 110-85, authorizing the Food and
Drug Administration (FDA) to enhance inspection of aquaculture and seafood
products and requiring FDA to report on environmental risks associated with
genetically engineered seafood products, and P.L. 110-246, reauthorizing the
National Aquaculture Act and enhancing various programs within the Department
of Aquaculture that support aquaculture.
Marine mammals are protected under the MMPA. With few exemptions, the
MMPA prohibits harm or harassment (“take”) of marine mammals, unless restrictive
permits are obtained. It addresses specific situations of concern, such as dolphin
mortality, primarily associated with the eastern tropical Pacific tuna fishery.

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Contents
Most Recent Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Commercial and Sport Fisheries: Background and Issues . . . . . . . . . . . . . . . . . . . 2
Magnuson-Stevens Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Implementation of P.L. 109-479 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Congressional Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Pacific Salmon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Congressional Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Miscellaneous Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Seafood Safety and Nutrition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Invasive Species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Habitat Protection and Restoration . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Hypoxia and Algal Blooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Oysters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Energy and Water Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Great Lakes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Recreational Fishing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
International Fisheries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
National Fish and Wildlife Foundation . . . . . . . . . . . . . . . . . . . . . . . . 15
Fishing Vessels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Tax Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Climate Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Coral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
National Marine Sanctuaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Tuna . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Marketing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Health Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Trade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Sharks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Sea Turtles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Maritime Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Aquaculture: Background and Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Congressional Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Food Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Genetic Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Algal Biomass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
National Aquaculture Act Reauthorization . . . . . . . . . . . . . . . . . . . . . 21
Marketing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Crop Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Animal Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
National Marine Sanctuaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

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Turtles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Open Ocean Aquaculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Trade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Asian Carp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Tax Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Marine Mammals: Background and Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Marine Mammal Protection Act Reauthorization . . . . . . . . . . . . . . . . . . . . 24
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Congressional Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Miscellaneous Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Canadian Seal Hunt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Polar Bear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Climate Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Military Sonar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Whales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Fur Seals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Southern Sea Otter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
NMFS Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
List of Tables
Table 1. NMFS Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

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Fishery, Aquaculture, and Marine Mammal
Legislation in the 110th Congress
Most Recent Developments
On October 3, 2008, President Bush signed P.L. 110-343, wherein (1) Section
504 provided income averaging of funds received from the Exxon Valdez oil spill
litigation and (2) Section 601 amended the Secure Rural Schools and Community
Self-Determination Act of 2000 to reauthorize federal funding for projects to protect,
restore, and enhance fish habitat. On October 1, 2008, the Senate Committee on
Commerce, Science, and Transportation reported (amended) H.R. 1187, including
provisions (1) prohibiting most aquaculture in the Gulf of the Farallones National
Marine Sanctuary, the Cordell Bank National Marine Sanctuary, and the Monterey
Bay National Marine Sanctuary and (2) promoting cooperative research and
education efforts with commercial fishermen operating within these National Marine
Sanctuaries. On September 30, 2008, President Bush signed P.L. 110-329, providing
$75 million for fishery disaster assistance in FY2009. On September 17, 2008, the
Senate Committee on Commerce, Science, and Transportation reported S. 2907
(amended), establishing uniform administrative procedures and penalties for the
enforcement of the High Seas Driftnet Fishing Moratorium Protection Act and
directing the Secretary to establish an International Fisheries Enforcement Program
in NMFS. On September 16, 2008, the Senate Committee on Energy and Natural
Resources reported S. 3189 (amended), amending P.L. 106-392 to require the
Administrator of the Western Area Power Administration and the Commissioner of
Reclamation to maintain sufficient revenues in the Upper Colorado River Basin Fund
for endangered fish restoration. On September 11, 2008, the Senate Committee on
Commerce, Science, and Transportation reported S. 2997 (amended), including a
provision to amend Title 46, U.S. Code, to exclude small Alaska salmon fishing
vessels from the definition of fish processing vessel. (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.)
Introduction
Increasing use of coastal and marine resources is driving proposals to alter
relationships between environmental protection and sustainable resource manage-
ment. Recent reports note declines in marine resources and shortcomings in the
fragmented and limited approaches to resource protection and management in federal
and state waters. A further concern is the increasing pressures and conflicts that arise
from economic activity associated with continued human population growth in
coastal areas. A common concern is habitat loss or alteration, due to both natural

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CRS-2
processes, such as climate variation, as well as development, changes in land
management practices, competition from invasive species, and other factors, nearly
all related to economic, political, or social interests. Congress faces the issue of how
to balance these diverse interests (which may fall on various sides of any given
controversy) while promoting the sustainable management of fishery and other
marine resources.
In the final hours of the 109th Congress, the Magnuson-Stevens Fishery
Conservation and Management Act (MSFCMA) was reauthorized and extensively
amended in P.L. 109-479.1 Reauthorization of the Marine Mammal Protection Act
(MMPA) was not finalized. The 110th Congress may consider measures to
reauthorize the MMPA, address aquatic habitat concerns, modify or extend fishery
disaster assistance, and address fishery-specific concerns, as well as conducting
oversight of MSFCMA implementation.
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 or further
offshore. This action was denounced by those within the United States and other
distant-water fishing nations who sought to preserve access for far-ranging fishing
vessels. Beginning in the 1950s (Atlantic) and 1960s (Pacific), increasing numbers
of foreign fishing vessels steamed into U.S. offshore waters to catch the substantially
unexploited seafood resources. Since the United States then claimed only a 3-mile
jurisdiction (in 1964, P.L. 88-308 prohibited fishing by foreign-flag vessels within
3 miles of the coast; in 1966, P.L. 89-658 proclaimed an expanded 12-mile exclusive
U.S. fishery jurisdiction), foreign vessels could fish many of the same stocks caught
by U.S. fishermen. U.S. fishermen deplored this “foreign encroachment” and alleged
that overfishing was causing stress on, or outright depletion of, fish stocks.
Protracted Law of the Sea Treaty2 negotiations in the early and mid-1970s provided
impetus for unilateral U.S. action.
1 For a comprehensive summary of legislation in the 109th Congress on fisheries,
aquaculture, and marine mammals, see CRS Report RL33459, Fishery, Aquaculture, and
Marine Mammal Legislation in the 109th Congress, by Eugene H. Buck.
2 The United Nations Convention on the Law of the Sea was reported in the 110th Congress
by the Senate Committee on Foreign Relations (S.Exec.Rept. 110-9) on December 19, 2007.

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The enactment of the Fishery Conservation and Management Act (FCMA) in
1976 (later renamed the Magnuson Fishery Conservation and Management Act and
more recently the Magnuson-Stevens Fishery Conservation and Management Act
(MSFCMA; 16 U.S.C. §§ 1801, et seq.) ushered in a new era of federal marine
fishery management. The FCMA was signed into law on April 13, 1976, after
several years of debate. On March 1, 1977, marine fishery resources within 200
miles of all U.S. coasts, but outside state jurisdiction, came under federal jurisdiction,
and an entirely new multifaceted regional management system began allocating
fishing rights, with priority given to domestic enterprise.
Primary federal management authority was vested in the National Marine
Fisheries Service (NMFS, also popularly referred to as NOAA Fisheries) within the
National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department
of Commerce.3 The 200-mile fishery conservation zone was superseded by an
Exclusive Economic Zone (EEZ), proclaimed by President Reagan on March 10,
1983 (Presidential Proclamation 5030).
Eight Regional Fishery Management Councils were created by the FCMA.4
Council members are appointed by the Secretary of Commerce from lists of
candidates knowledgeable of fishery resources, provided by coastal state governors.5
The councils prepare fishery management plans (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. Together these
councils and NMFS have developed and implemented 40 FMPs for various fish and
shellfish resources, with 9 additional plans in various stages of development. Some
plans are created for an individual species or a few related ones (e.g., FMPs for red
drum by the South Atlantic Council and for shrimp by the Gulf of Mexico Council).
Others are developed for larger species assemblages inhabiting similar habitats (e.g.,
FMPs for Gulf of Alaska groundfish by the North Pacific Council and for reef fish
by the Gulf of Mexico Council). Many of the implemented plans have been amended
(one over 30 times), and three have been developed and implemented jointly by two
or more councils. The MSFCMA was reauthorized in the final hours of the 109th
Congress by P.L. 109-479, the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006.6 The authorization of appropriations in
§ 7 of this act expires at the end of FY2013.
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
3 NMFS programs are described in detail at [http://www.nmfs.noaa.gov/].
4 Links to individual Council websites are available at [http://www.nmfs.noaa.gov/
councils/].
5 For the 2005 Report to Congress on Council membership, see [http://www.nmfs.noaa.gov/
sfa/reg_svcs/Council_Reportocongress/05ReporttoCongress.pdf].
6 A detailed summary of the Sustainable Fisheries Act, including an explanation of issues
and legislative history, can be found at [http://www.nmfs.noaa.gov/sfa/sfaguide/].

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by congressionally approved compacts. Beyond state waters, out to 200 miles, the
federal government manages fish and shellfish resources for which FMPs have been
developed under the MSFCMA. Individual states manage fishermen operating state-
registered vessels under state regulations consistent with any existing federal FMP
when fishing in inshore state waters and, in the absence of a federal FMP, wherever
they fish.
Under initial FCMA authority, a substantial portion of the fish catch from
federal offshore waters was allocated to foreign fishing fleets. However, the 1980
American Fisheries Promotion Act (Title II of P.L. 96-561) and other FCMA
amendments orchestrated a decrease in foreign catch allocations as domestic fishing
and processing industries expanded. Foreign catch from the U.S. EEZ declined from
about 3.8 billion pounds in 1977 to zero since 1992. Commensurate with the decline
of foreign catch, domestic offshore catch in federal waters increased dramatically,
from about 1.6 billion pounds (1977) to more than 6.3 billion pounds. Total (U.S.
and foreign) offshore fishery landings from the U.S. EEZ (i.e., federal waters)
increased about 24% between 1977 and 1986-1988 to a peak of 6.65 billion pounds.7
Since this peak, annual landings have declined slightly and stabilized at around 6
billion pounds.
In 2006, U.S. commercial fishermen landed more than 7.8 billion pounds of
edible, unprocessed fish and shellfish from combined state, federal, and international
waters, worth almost $3.9 billion at the dock.8 Imports of mostly processed products
supplied 5.4 billion pounds, worth $13.4 billion. U.S. consumers spent an estimated
$69.5 billion on edible seafood in 2006, with almost $46.6 billion of that amount
spent in restaurants and other food service establishments. In addition, marine
recreational anglers caught an estimated 475.7 million fish in 2006, of which the
retained catch was about 257.1 million pounds.9 In 2006, a nationwide survey
estimated that recreational anglers spent more than $40 billion each year pursuing
their sport.10
NMFS reports annually on the status of fish stocks managed under the
MSFCMA.11 For 2007, NMFS made determinations for 244 fish stocks and
complexes,12 finding that 41 (17%) of them were subject to overfishing13 and 203
7 This total includes both landings for human food and landings for industrial purposes, e.g.,
bait and animal food, reduction to meal and oil, etc.
8 For additional domestic commercial fishery harvest statistics, see [http://www.st.nmfs.
noaa.gov/st1/commercial/index.html]. Statistics for 2006 are available at [http://www.st.
nmfs.gov/st1/fus/fus06/].
9 Recreational fishing programs at NMFS are discussed at [http://www.st.nmfs.gov/st1/
recreational/index.html].
10 Results of the 2006 survey can be found at [http://library.fws.gov/nat_survey2006_final.
pdf].
11 See [http://www.nmfs.noaa.gov/sfa/domes_fish/StatusoFisheries/2007/2007StatusofUS
Fisheries_Report_to_Congress.pdf].
12 NMFS reviewed 528 individual stocks and stock complexes but had insufficient
(continued...)

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CRS-5
(83%) were not. In addition, NMFS made determinations for 190 stocks and
complexes, finding that 45 (24%) were overfished14 and 145 (76%) were not. These
numbers reflect an improvement in the overfishing percentages compared to 2006
(when 20% were subject to overfishing) as well as a slight improvement in the
overfished numbers compared to that year (when 25% were overfished).
In addition, NMFS developed a Fish Stock Sustainability Index (FSSI) in 2005
to evaluate progress nationwide in addressing overfishing.15 Out of a possible
maximum FSSI of 920, this index has increased from 481.5 (third quarter of calendar
year 2005) to 531 (first quarter of calendar year 2008).
Magnuson-Stevens Act
The MSFCMA was reauthorized in the final hours of the 109th Congress in 2006
by P.L. 109-479, the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006.16 Some of the major issues addressed by this
comprehensive measure included:
! modifying requirements for the appointment and training of
members of regional councils as well as the conduct of business by
regional council committees and panels to enhance transparency of
the regional council process;
! setting a firm deadline to end overfishing by 2011 and modifying
how depleted fisheries are to be rebuilt;
! increasing the consideration of economic and social impacts in
fishery management;
! modifying research programs and improving data collection and
management;
! increasing protection for deep sea corals and bottom habitat;
! implementing a pilot program of ecosystem-based management;
! promoting new gear technologies to further reduce bycatch;
12 (...continued)
information to make determinations on all of them.
13 A stock that is subject to overfishing has a fishing mortality (harvest) rate above the level
that provides for the maximum sustainable yield.
14 A stock that is overfished has a biomass level below a biological threshold specified in
its fishery management plan.
15 FSSI is a performance measure for the sustainability of 230 fish stocks selected for their
importance to commercial and recreational fisheries. The FSSI will increase as overfishing
ends and stocks rebuild to the level that provides maximum sustainable yield. FSSI is
calculated by assigning a score for each fish stock based on rules available at [http://www.
nmfs.noaa.gov/sfa/domes_fish/StatusoFisheries/2008/1stQuarter/Q1-2008-FSSISummary
Changes.pdf].
16 For the White House press release, see [http://www.whitehouse.gov/news/releases/2007
/01/print/20070112-3.html]; also see the White House fact sheet at [http://www.whitehouse.
gov/news/releases/2007/01/20070112-1.html].

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! establishing national guidelines for individual fishing quota (limited
access privilege) programs;
! modifying regional council fishery management plan procedures,
including better coordinating environmental review under the
National Environmental Policy Act (NEPA; 42 U.S.C. §§ 4321, et
seq.); and
! strengthening the role of science in fishery management
decision-making.17
Implementation of P.L. 109-479. NMFS has prepared a summary of tasks
associated with implementing P.L. 109-479.18 Additional information on NMFS’s
implementation of P.L. 109-479 can be found at [http://www.nmfs.noaa.gov/msa
2007/].
Congressional Action. On December 4, 2007, the Senate agreed to S.Res.
376, expressing the sense of the Senate that the Secretary of Commerce should
declare a commercial fishery failure for the groundfish fishery for Massachusetts,
Maine, New Hampshire, and Rhode Island and immediately propose regulations to
implement Section 312(a) of the MSFCMA. Title IV, Chapter 2, of P.L. 110-28
provided $110 million for recovery assistance to the Gulf of Mexico shrimp and
fishing industries. Division B, Title I, of P.L. 110-161 provided $13.395 million for
alleviation of economic impacts on the Massachusetts groundfish fishery. Title I,
Chapter 2, of P.L. 110-329 provided $75 million for fishery disaster assistance in
FY2009. In the 110th Congress, several bills either amend the MSFCMA or modify
how it would be implemented:
! H.R. 21 reorients U.S. ocean policy (including fisheries),
emphasizing ecosystem management, creating a Council of Advisors
on Ocean Policy to advise the President, organizing Regional Ocean
Partnerships, and developing Ocean Ecosystem Resource
Information Systems; on April 26, 2007, the House Natural
Resources Subcommittee on Fisheries, Wildlife, and Oceans held a
hearing on this bill.
! H.R. 27 designates the U.S. EEZ as the “Ronald Wilson Reagan
Exclusive Economic Zone of the United States.”
! Several bills amend either the MSFCMA (S. 741 and H.R. 2565) or
the Coastal Zone Management Act (H.R. 3223) to establish a grant
program to ensure waterfront access for commercial fishermen and
aquaculture operators. On February 28, 2008, the House Natural
Resources Subcommittee on Fisheries, Wildlife, and Oceans held a
hearing on H.R. 3223.
! H.R. 2625 prohibits the commercial harvesting of Atlantic striped
bass in coastal waters and the EEZ; H.R. 2939 prohibits the
commercial harvesting of Atlantic blackfish (tautog) in coastal
17 For additional highlights and commentary on this enactment, see [http://cbbulletin.com/
Free/199763.aspx]; a detailed summary of enacted provisions is available at [http://www.
olemiss.edu/orgs/SGLC/National/Magnuson.pdf].
18 Available at [http://www.nmfs.noaa.gov/msa2007/Reauthorization_tasks.pdf].

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CRS-7
waters and the EEZ; H.R. 3840 and H.R. 3841 prohibit the
commercial harvesting of Atlantic menhaden in coastal waters and
the EEZ; the House Natural Resources Subcommittee on Fisheries,
Wildlife, and Oceans held a hearing on these bills on May 8, 2008.
! Section 301(b) of H.R. 2830 amends the American Fisheries Act to
modify fishing vessel rebuilding and replacement provisions in
Section 208(g); modify vessel exemption provisions in Section
203(g); and modify the fishery cooperative exit provisions in Section
210(b); on September 20, 2007, the House Committee on
Transportation and Infrastructure reported, amended, this bill
(H.Rept. 110-338, Part I). On October 1, 2007, the House
Committee on Homeland Security reported, amended, H.R. 2830
(H.Rept. 110-338, Part II). On October 30, 2007, the House
Committee on the Judiciary reported (amended) H.R. 2830 (H.Rept.
110-338, Part III). On April 24, 2008, the House passed this
measure (amended)
! On June 29, 2007, the Senate Committee on Appropriations reported
S. 1745 (S.Rept. 110-124), containing language that authorizes the
Secretary of Commerce to conduct a voluntary capacity reduction
program to remove all commercial fishing in the Papaha-
naumokuakea Marine National Monument prior to June 15, 2011.
! As amended on the Senate floor on October 16, 2007, H.R. 3093
amends the MSFCMA to authorize the Secretary of Commerce to
maintain a list of vessels and vessel owners engaged in illegal,
unreported, or unregulated fishing.
! H.R. 4087 and H.R. 5425 amend the MSFCMA to extend the
authorized time period for rebuilding certain overfished fisheries.
On December 5, 2007, the House Natural Resources Subcommittee
on Fisheries, Wildlife, and Oceans held an oversight hearing on
rebuilding overfished fisheries under the MSFCMA.
! H.R. 5741 amends the MSFCMA to modify language related to the
prohibition of shark finning. The House Committee on Natural
Resources reported this bill (amended) on July 8, 2008 (H.Rept.
110-740), and the House passed this measure (amended) on this
date.
! H.R. 6683 clarifies provisions of the Western Alaska Community
Development Quota Program.
Pacific Salmon
Background. Five species of salmon spawn in Pacific coastal rivers and
lakes, after which juveniles migrate to North Pacific ocean waters where they mature
before returning to freshwater to spawn. Management is complicated because these
fish may cross several state and national boundaries during their life spans. In
addition to natural environmental fluctuations, threats to salmon include hydropower
dams blocking rivers and creating reservoirs, sport and commercial harvests, 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

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CRS-8
have been listed as endangered or threatened species under the Endangered Species
Act.19 On September 13, 2006, a San Joaquin Restoration Settlement Agreement was
announced, ending an 18-year legal dispute over the operation of Friant Dam, CA.
This Agreement provides for river channel improvements and water flow to sustain
Chinook salmon upstream from the confluence of the Merced River tributary while
providing water supply certainty to Friant Division water contractors.
To address some of their concerns about Pacific salmon management, 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. This deadlock was resolved in June 1999 when a new
accord was concluded. Annex IV of this bilateral agreement outlines, in detail, the
fishery regimes to be followed by Canada and the United States in cooperatively
managing the six species of anadromous Pacific salmon and trout. Annex IV expires
at the end of 2008 and is to be renegotiated.20
Congressional Action. Title V, Chapter 2, of P.L. 110-28 provided $60.4
million for Pacific salmon emergency disaster assistance. Provisions in P.L. 110-114
required a feasibility study of fish passage improvements in Oregon (Section 4073),
increased the authorization for appropriations for research on Columbia and Snake
River salmon survival, including methods to reduce avian predation on juvenile
salmon (Section 5025), and retained Army Corps of Engineers authority over avian
predator management at McNary Dam, while transferring administrative jurisdiction
to the Secretary of the Interior (Section 3164). Section 113, Division F, Title I, of
P.L. 110-161 (the Consolidated Appropriations Act, 2008) required FWS to
implement a system of mass marking of salmonid stocks that are released from
federally operated or federally financed hatcheries.21 Section 12034 of P.L. 110-246
transferred $170 million from the Commodity Credit Corporation to NMFS for
distribution to commercial and recreational members of the fishing communities
affected by the salmon fishery failure in California, Oregon, and Washington. In the
110th Congress, numerous other bills were introduced to address salmon issues:
! H.R. 24, H.R. 4074, S. 27 and Title X of S. 3213 authorize the
implementation of the San Joaquin River Restoration Settlement
providing for the reintroduction of chinook salmon; the House
Natural Resources Subcommittee on Water and Power held a
hearing on H.R. 24 on March 1, 2007, and the Senate Energy and
19 For additional background on this issue, see CRS Report 98-666, Pacific Salmon and
Anadromous Trout: Management Under the Endangered Species Act, by Eugene H. Buck;
and out-of-print CRS Report RL31546, The Endangered Species Act and Science: The Case
of Pacific Salmon, by Eugene H. Buck, M. Lynne Corn, and Pamela Baldwin, available from
the author at [gbuck@crs.loc.gov].
20 For additional information on the Pacific Salmon Treaty and renegotiation of its Annex
IV, see CRS Report RL30234, The Pacific Salmon Treaty: The 1999 Agreement and
Renegotiation of Annex IV, by Eugene H. Buck.
21 Controversy related to mass-marking programs is discussed in CRS Report RL30234, The
Pacific Salmon Treaty: The 1999 Agreement and Renegotiation of Annex IV, by Eugene H.
Buck.

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CRS-9
Natural Resources Subcommittee on Water and Power held a
hearing on S. 27 on May 3, 2007. On May 13, 2008, the House
Committee on Natural Resources reported H.R. 4074 (H.Rept. 110-
633). On June 25, 2008, the Senate Committee on Energy and
Natural Resources reported (amended) S. 27 (S.Rept. 110-400).
! S. 264 authorizes federal participation in funding fish passage
improvements at Wallowa Lake Dam, OR; this bill was reported
(amended) on February 16, 2007, by the Senate Committee on
Energy and Natural Resources (S.Rept. 110-23), deleting language
related to fish passage improvements.
! Section 103 of H.R. 860 and S. 493 designate salmon restoration
areas in California.
! H.Res. 217 expresses the sense of the House of Representatives
concerning the 50th anniversary of the flooding of Celilo Falls on the
Columbia River and the changes this action imposed on Native
Americans; the House agreed to this measure on April 17, 2007.
! H.R. 1507 directs the Secretary of Commerce to seek scientific
analysis of federal efforts to restore salmon and steelhead
populations listed under the Endangered Species Act.
! H.R. 1769 amends the Marine Mammal Protection Act to authorize
taking of California sea lions to reduce their predation on
endangered Columbia River salmon.
! S. 1522 and H.R. 3830 reauthorize (through FY2014) and amend the
Fisheries Restoration and Irrigation Mitigation Act of 2000; the
Senate Energy and Natural Resources Subcommittee on Water and
Power held a hearing on S. 1522 on July 26, 2007. On April 10,
2008, the Senate Committee on Energy and Natural Resources
reported (amended) S. 1522 (S.Rept. 110-297).
! H.R. 2733 establishes a Trinity River Restoration Fund; the House
Natural Resources Subcommittee on Water and Power held a
hearing on this bill on September 18, 2007.
! H.Con.Res. 184 expresses the sense of the Congress opposing the
removal of dams on the Columbia and Snake Rivers for fishery
restoration purposes.
! S. 1766 provides funds from a Climate Change Wildlife
Conservation sub-account in the Treasury for the Secretary of the
Interior to improve fish passage and dam removal and for the
National Fish Habitat Plan (§ 402(e)(3)(C)).
! On July 31, 2007, the House Committee on Natural Resources held
an oversight hearing on allegations of political intervention
influencing scientific and policy decisions at the Department of the
Interior, with respect to Klamath River salmon.
! Section 912 of S. 1892 and Section 10 of S. 2997, as reported by the
Senate Committee on Commerce, Science, and Transportation on
September 11, 2008 (S.Rept. 110-457), amend Title 46, U.S. Code,
to exclude small Alaska salmon fishing vessels from the definition
of fish processing vessel; the Senate Committee on Commerce,
Science, and Transportation reported S. 1892 (amended) on February
5, 2008 (S.Rept. 110-261).

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CRS-10
! S. 3608 establishes a Salmon Stronghold Partnership program to
protect wild Pacific salmon.
Miscellaneous Issues
Assistance. Title IV, Chapter 2 of P.L. 110-28 provided $110 million for
recovery assistance to the Gulf of Mexico shrimp and fishing industries. Division B,
Title I, of P.L. 110-161 provided $13.395 million for alleviation of economic impacts
on the Massachusetts groundfish fishery. Title I, Chapter 2, of P.L. 110-329 provided
$75 million for fishery disaster assistance in FY2009. S.Res. 376 expresses the sense
of the Senate that the Secretary of Commerce should declare a commercial fishery
failure for the groundfish fishery for Massachusetts, Maine, New Hampshire, and
Rhode Island and immediately propose regulations to implement Section 312(a) of
the MSFCMA; on December 4, 2007, the Senate agreed to this measure. Section 734
of S. 3289 amends the Consolidated Farm and Rural Development Act to expand the
availability of Farm Credit Programs to commercial fishing.
Seafood Safety and Nutrition. Section 1006 of P.L. 110-85 (H.R. 3580)
authorized the Food and Drug Administration (FDA) to enhance inspection of
seafood products. Section 102 of H.R. 1148, S. 654, and H.R. 7143 consolidate food
safety and inspection programs, including seafood inspection. Section 3 of H.R.
1533 and Section 4 of S. 843 establish a interagency national mercury monitoring
program, with provisions in subsection (d) focusing on aquatic plants and animals.
H.Con.Res. 125 expresses the sense of Congress in recognizing the health benefits
of eating seafood as part of a balanced diet, and supporting the goals and ideals of
National Seafood Month. H.R. 3077 amends the Federal Food, Drug, and Cosmetic
Act to address safety concerns with imported seafood and seafood products by
requiring seafood importing countries to be certified as having equivalent safety
systems to the United States; S. 1776 imposes this certification requirement on all
imported food products. H.R. 4525 modifies the definition of “in airtight containers”
to promote public health and safety. H.R. 5219 authorizes appropriations for FDA’s
seafood inspection regime. S. 2688, H.R. 5738, and H.R. 5956 direct the Secretary
of Commerce to establish a program to better ensure that seafood in interstate
commerce is fit for human consumption; on July 15, 2008, the Senate Committee on
Commerce, Science, and Transportation reported (amended) S. 2688 (S.Rept. 110-
420). S. 2914 directs the Secretary of Health and Human Service to refuse entry of
certain seafood imports and specify actions to be taken on rejected shipments.
Invasive Species. Provisions in P.L. 110-114 coordinated management of
two dispersal barriers on the Chicago Sanitary and Ship Canal (Section 3061),
authorized an Upper Mississippi River dispersal barrier project (Section 5016), and
authorized a feasibility study for a Lake Champlain Canal dispersal barrier project
(Section 5146). Several bills introduced in the 110th Congress focus primarily on
invasive species concerns related to ballast water management:22
22 For additional information on ballast water management, see CRS Report RL32344,
Ballast Water Management to Combat Invasive Species, by Eugene H. Buck.

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CRS-11
! H.R. 801 amends the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 to require all vessels to exchange ballast
water or use alternative ballast water management methods before
entering any Great Lakes port.
! Title I of H.R. 889 and S. 1578 amend the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 to establish vessel
ballast water management requirements; the remainder of the bill
focuses on improving coordination among various national and
international efforts at invasive species control. On March 3, 2008,
the Senate Committee on Commerce, Science, and Transportation
reported (amended) S. 1578 (S.Rept. 110-269).
! While Section 101 of H.R. 1350, Title I of S. 725, and Section 111
of S. 791 focus primarily on ballast water management, other
sections of each bill authorize various research, development, and
demonstration programs to address invasive species concerns, with
H.R. 1350 and S. 791 focusing on the Great Lakes region.
! H.R. 2423 and Title V of H.R. 2830 establish a national ballast
water management program and national ballast water discharge
standards. On September 20, 2007, the House Committee on
Transportation and Infrastructure reported, amended, H.R. 2830
(H.Rept. 110-338, Part I). On October 1, 2007, the House
Committee on Homeland Security reported, amended, H.R. 2830
(H.Rept. 110-338, Part II). On October 30, 2007, the House
Committee on the Judiciary reported (amended) H.R. 2830 (H.Rept.
110-338, Part III). On April 24, 2008, the House passed H.R. 2830
(amended).
! S. 2645 directs the Coast Guard to establish enforceable uniform
national vessel discharge standards, and restrict state regulation of
vessel discharges.
! Section 12 of S. 2881/H.R. 6434 express the sense of Congress that
strong, mandatory standards for ballast water management should be
enacted.
! On June 24, 2008, the House Natural Resources Subcommittee on
Water and Power held an oversight hearing on minimizing the
impacts of quagga mussels.
Additional bills address other invasive species concerns:
! H.R. 83, S. 726, and Section 171 of S. 791 amend the Lacey Act to
add four species of carp to the list of injurious species that are
prohibited from being imported or shipped. H.R. 6031 directs the U.
S. Fish and Wildlife Service to study various approaches to
eradicating Asian carp from the Great Lakes and their tributaries.
! H.R. 260 authorizes various marine and freshwater research,
development, and demonstration programs to address invasive
species concerns.
! H.R. 553, S. 336, and Section 172 of S. 791 direct the Army Corps
of Engineers to operate and maintain a system of dispersal barriers
in the Chicago Sanitary and Ship Canal. In addition, Section 172 of
S. 791 authorizes a National Dispersal Barrier Program.

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CRS-12
! H.R. 767 and S. 3366 authorize grants to control harmful nonnative
species at national wildlife refuges to protect and restore native fish
and their habitat. The House Natural Resources Subcommittee on
Fisheries, Wildlife, and Oceans held a hearing on H.R. 767 on June
21, 2007. The Committee on Natural Resources reported H.R. 767
(amended) on October 22, 2007 (H.Rept. 110-397); and the House
subsequently passed this measure (amended).
! S. 1949 establishes a 100th Meridian Invasive Species State
Revolving Fund to fund projects to prevent and control invasive
species.
! H.R. 6311 directs the Secretary of the Interior to promulgate
regulations that establish a process for assessing the risk of
nonnative species proposed for importation into the United States.
Habitat Protection and Restoration. Section 1006 of P.L. 110-114
identified 43 small aquatic ecosystem restoration projects to be studied by the Army
Corps of Engineers. Section 601 of P.L. 110-343 amended the Secure Rural Schools
and Community Self-Determination Act of 2000 (P.L. 106-393) to reauthorize
federal funding for projects to protect, restore, and enhance fish habitat. In the 110th
Congress, numerous other bills were introduced to address various habitat restoration
concerns:
! S. 424 directs the U.S. Army Corps of Engineers to implement the
Penobscot River Restoration Project, benefitting endangered
Atlantic salmon and shortnose sturgeon.
! Section 106(d) of H.R. 1551 and S. 919, and Section 506(d) of H.R.
2401 amend the Wildlife Habitat Incentive Program to direct more
attention to fish habitat.
! S. 1029 amends the Food Security Act of 1985 to create a Stream
Habitat Improvement Program to provide incentives to landowners
to protect and improve stream habitat.
! Title III of H.R. 2262 modifies environmental standards for mining
and reclamation to address concerns for fish and wildlife.
! S. 1766 provides funds from a Climate Adaptation Fund for the
Sport Fish Restoration Act (Section 402(a)(2)(D)(ii)) and from a
Climate Change Wildlife Conservation sub-account in the Treasury
for the Secretary of the Interior to improve fish passage and dam
removal and for the National Fish Habitat Plan as well as for the
Secretary of Commerce to sustain fisheries, protect marine species,
and conserve marine habitat (Section 402(e)(3)(C)).
! H.Res. 853 expresses the sense of the House honoring crabbers and
fishermen who volunteered to assist in cleanup of an oil spill in San
Francisco Bay, CA; the House agreed to this measure on December
11, 2007.
! Section 501 of S. 2231 authorizes the U.S. Fish and Wildlife Service
to implement a Coastal Program to assess, conserve, and restore
important coastal habitats.
! H.R. 5594 and S. 2645 require the U.S. Coast Guard to evaluate and
review vessel discharges, other than ballast water, and initiate a

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CRS-13
program for establishing enforceable uniform national discharge
standards.
! S. 3189 amends P.L. 106-392 to require the Administrator of the
Western Area Power Administration and the Commissioner of
Reclamation to maintain sufficient revenues in the Upper Colorado
River Basin Fund for endangered fish restoration; this bill was
reported (amended) by the Senate Committee on Energy and Natural
Resources on September 16, 2008.
! H.R. 7051 and S. 3576 prohibit federal oil or natural gas leases in
any marine national monument or national marine sanctuary or
Georges Bank.
! S. 3552 and H.R. 7150 establish a National Fish Habitat Board and
seek to conserve U.S. fish and aquatic communities through
partnerships that foster habitat conservation.
Hypoxia and Algal Blooms. Section 5022 of P.L. 110-114 authorized the
Army Corps of Engineers to participate in assessing hypoxia in the Gulf of Mexico.
Signed into law by President Bush on December 26, 2007, Section 528, Division B,
Title V, of P.L. 110-161 (the Consolidated Appropriations Act, 2008) reauthorized
the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 through
FY2010. H.R. 6017 reduces phosphorus inputs in the Great Lakes to ameliorate the
effects of harmful algal blooms. S. 3191 authorizes a comprehensive plan for a
national strategy to address harmful algal blooms and hypoxia.
Oysters. Provisions in P.L. 110-114 authorized restoring Long Island Sound
oyster habitat at $25 million (Section 3120), modified the authorization for oyster
restoration in Chesapeake Bay and increased authorized funding for this restoration
to $50 million (Section 5021), and authorized a study of how to improve the
environmental quality of Delaware Bay for oyster restoration (Section 1005(6)). H.R.
5014 extends the temporary suspension of duty on oysters (other than smoked),
prepared or preserved.
Energy and Water Projects. Section 2036 of P.L. 110-114 amended the
Water Resources Development Act of 1986 (P.L. 99-662; 33 U.S.C. §§ 2201 et seq.)
to modify requirements for mitigating aquatic resource losses at Army Corps of
Engineers projects. Sections 633 and 634 of P.L. 110-140 require a research program
and report on the effects of marine and hydrokinetic renewable energy development
on fisheries and other marine resources. S. 1522, H.R. 3830, and Section 1202 of S.
3213 reauthorize (through FY2015) and amend the Fisheries Restoration and
Irrigation Mitigation Act of 2000; the Senate Energy and Natural Resources
Subcommittee on Water and Power held a hearing on S. 1522 on July 26, 2007. On
April 10, 2008, the Senate Committee on Energy and Natural Resources reported
(amended) S. 1522 (S.Rept. 110-297).
Great Lakes. Section 5011 of P.L. 110-114 modified Great Lakes fisheries
restoration, including allowing nonfederal participants to provide as much as 100%
of their nonfederal share through in-kind contributions. H.R. 469 authorizes the
Great Lakes Fishery Commission to investigate the effects of migratory birds on fish
stock productivity. H.R. 6017 reduces phosphorus inputs in the Great Lakes to
ameliorate the effects of harmful algal blooms.

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CRS-14
Recreational Fishing. Section 3503 of P.L. 110-181 directed the Secretary
of Transportation to convene an interagency study group to review ship disposal
practices, including use of disposed vessels as artificial reefs. Section 2606 of P.L.
110-246 established a grant program to encourage private landowners to provide
public access for fishing and other outdoor recreation. In the 110th Congress,
numerous other bills were introduced to address sport fishing concerns:
! Section 1(c) of S. 307 amends Section 9 of the Flood Control Act of
1944 to include maintenance of a healthy fishery on the Bighorn
River, MT, downstream from the Yellowtail Dam as one of the
authorized purposes of the Yellowtail Unit of the Pick-Sloan
Missouri River Basin Program.
! H.R. 611 amends the Social Security Act to eliminate the
requirement that states collect Social Security numbers from
applicants for recreational licenses.
! H.Res. 458 expresses the sense of the House supporting the goals
and ideals of National Fishing and Boating Week.
! Section 402(a)(2)(D)(ii) of S. 1766 provides funds from a Climate
Adaptation Fund for the Sport Fish Restoration Act.
! H.R. 3227 directs the Secretary of the Interior to continue stocking
fish in certain lakes in the North Cascades National Park, Ross Lake
National Recreation Area, and Lake Chelan National Recreation
Area; the House Natural Resources Subcommittee on National
Parks, Forests, and Public Lands held a hearing on this measure on
April 24, 2008. On July 14, 2008, the House Committee on Natural
Resources reported (H.Rept. 110-756) and the House passed
(amended) H.R. 3227.
! H.Res. 634 expresses the sense of the House encouraging
participation in fishing and supporting the goals of National Hunting
and Fishing Day; the House agreed to this measure on September 24,
2007.
! S. 2803 and H.R. 5850 authorize charter boat or recreational
fishermen to form associations to catch and market aquatic products,
implement vessel capacity reduction programs, and undertake
research.
! Section 158 of H.R. 6001, Section 21 of H.R. 6108, Section 347 of
H.R. 6165, Section 121 of H.R. 6384, Section 217 of H.R. 6421,
Section 22 of H.R. 6428, Section 224 of H.R. 6779, and Section 220
of S. 3280 amend the OCS Lands Act to direct the Secretary of the
Interior to issue regulations permitting the use of decommissioned
offshore oil and gas platforms as artificial reefs, and require a study
of how the removal of offshore oil and gas platforms and other OCS
facilities might affect existing fish stocks and coral populations.
! S. 3377 amends Title 46, United States Code, to waive the biometric
transportation security card requirement for certain small business
merchant mariners, including fishing guides.
International Fisheries. P.L. 110-243 directed the United States to initiate
international discussions and take steps to negotiate an agreement for managing
migratory and transboundary fish stocks in the Arctic Ocean. H.Con.Res. 94, H.Res.

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CRS-15
814, and S.Res. 208 express the sense of Congress encouraging the elimination of
subsidies that contribute to commercial fishing fleet overcapacity worldwide and lead
to the overfishing. On May 17, 2007, the Senate agreed to S.Res. 208. On June 5,
2007, the House agreed to H.Con.Res. 94. S. 2907 establishes uniform
administrative procedures and penalties for the enforcement of the High Seas Driftnet
Fishing Moratorium Protection Act and direct the Secretary to establish an
International Fisheries Enforcement Program in NMFS; the Senate Committee on
Commerce, Science, and Transportation reported this bill, amended, on September
17, 2008 (S.Rept. 110-469). Section 5(b)(3) of H.R. 7014 requires that the President
consult with Congress before initiating any trade negotiations under the North
American Free Trade Agreement relating directly to fish or shellfish.
National Fish and Wildlife Foundation. P.L. 110-281 (H.R. 3891)
amended the National Fish and Wildlife Foundation Establishment Act to increase
the number of directors on the foundation’s board of directors.
Fishing Vessels. P.L. 110-299 clarified circumstances during which the
Environmental Protection Agency and states could require discharge permits for
fishing vessels. S. 687 amends the Internal Revenue Code of 1986 to provide a
business credit against income for purchasing fishing safety equipment. Section 307
of H.R. 2830 modifies certain safety standards for commercial fishing vessels and
establish a fishing safety research grant program; on September 20, 2007, the House
Committee on Transportation and Infrastructure reported, amended, this bill (H.Rept.
110-338, Part I). On October 1, 2007, the House Committee on Homeland Security
reported, amended, H.R. 2830 (H.Rept. 110-338- Part II). On October 30, 2007, the
House Committee on the Judiciary reported (amended) H.R. 2830 (H.Rept. 110-338,
Part III). On April 24, 2009, the House passed H.R. 2830 (amended). S. 2865
permits qualified withdrawals from a Capital Construction Fund account for gear or
equipment required for fishery conservation or safety of life at sea without regard to
the minimum cost requirement established by regulation.
Tax Provisions. Section 504 of P.L. 110-343 provided income averaging of
funds received from the Exxon Valdez oil spill litigation. H.R. 2133, S. 3234, and
Section 3 of H.R. 6804 amend the Internal Revenue Code to provide commercial
fishermen a temporary income tax credit to offset high fuel costs. H.R. 2110 amends
the Internal Revenue Code to provide for tax-exempt qualified small issue bonds to
finance fish processing property.
Climate Change. A number of bills have been introduced dealing with
aquatic and marine aspects of climate change:
! Section 202(b)(5) of H.R. 620, S. 280, H.R. 2338, and H.R. 4226;
Section 7456 of H.R. 3220/H.R. 3221; Subtitle B, Part 2, of H.R.
6316; Section 114 of S. 2204; Subtitle G of S. 2191, S. 3036, and
H.R. 6186; and Title IV, Subtitle D, of H.R. 2337 authorize funding
of efforts to strengthen and restore habitat to improve the ability of
fish and wildlife to adapt successfully to climate change. The House
passed H.R. 3221 (amended) on August 4, 2007; the Senate passed
this measure (amended) on April 10, 2008, without the House-
passed provisions related to habitat and climate change. On May 20,

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CRS-16
2008, the Senate Committee on Environment and Public Works
reported (amended) S. 2191 (S.Rept. 110-337).
! Section 301 of H.R. 620 and H.R. 4226, and Section 465 of H.R.
2337 amend the Coastal Zone Management Act of 1972 (16 U.S.C.
§§ 1451, et seq.) to 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; on
August 3, 2007, the House Committee on Natural Resources
reported (amended) H.R. 2337 (H.Rept. 110-296, Part I).
! S. 317, S. 1177, and S. 1554 amend the Clean Air Act (42 U.S.C. §§
7401, et seq.) to fund (among many programs) efforts to identify
coastal and marine resources (such as coral reefs, submerged aquatic
vegetation, shellfish beds, and other coastal or marine ecosystems)
at greatest risk of damage by climate change; to monitor for impacts;
and to restore damaged resources.
! S. 1766 provides funds from a Climate Adaptation Fund for the
Sport Fish Restoration Act (Section 402(a)(2)(D)(ii)) and from a
Climate Change Wildlife Conservation sub-account in the Treasury
for the Secretary of the Interior to improve fish passage and dam
removal and for the National Fish Habitat Plan as well as for the
Secretary of Commerce to sustain fisheries, protect marine species,
and conserve marine habitat (Section 402(e)(3)(C)).
Several measures address ocean acidification:
! Section 7471 of H.R. 3220/H.R. 3221, Section 10 of S. 2355, and
Section 201 of S. 2211 direct the Secretary of Commerce to develop
a national strategy to predict, plan for, and mitigate climate change
effects, including ocean acidification, on ocean and coastal
ecosystems to ensure the recovery, resiliency, and health these
ecosystems. The House passed H.R. 3221 (amended) on August 4,
2007; the Senate passed this measure (amended) on April 10, 2008,
without the House-passed provision related to ocean acidification.
On June 5, 2008, the Senate Committee on Commerce, Science, and
Transportation reported (amended) S. 2355 (S.Rept. 110-347).
! S. 485 amends the Clean Air Act to direct the Administrator of the
Environmental Protection Agency to study ocean acidification and
the ways that process affects ocean ecosystems and U.S. fisheries.
! On May 10, 2007, the Senate Commerce, Science, and
Transportation Subcommittee on Oceans, Atmosphere, Fisheries,
and Coast Guard held a hearing on the effects of climate change and
ocean acidification on living marine resources.
! S. 1581, H.R. 4174, and Part VI of S. 3297 establish an interagency
committee to develop an ocean acidification research and monitoring
plan as well as an ocean acidification program within NOAA; on
May 22, 2008, the Senate Committee on Commerce, Science, and
Transportation reported (amended) S. 1581 (S.Rept. 110-339). On
June 5, 2008, the House Science and Technology Subcommittee on
Energy and Environment held a hearing on H.R. 4174; the House
Committee on Science and Technology reported this bill (amended)

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CRS-17
on July 9, 2008 (H.Rept. 110-749), and the House passed this bill,
amended, on this date.
! Section 7001 of S. 2191 and S. 3036 require the National Academy
of Sciences to analyze predicted changes in ocean acidity; on May
20, 2008, the Senate Committee on Environment and Public Works
reported (amended) S. 2191 (S.Rept. 110-337).
Coral. In the 110th Congress, numerous other bills were introduced to address
concerns related to coral and coral reefs:
! S. 485 and H.R. 1590 direct the National Academy of Sciences to
assess the probability of a loss of more than 40% of world coral reefs
because of increased ocean temperature or acidity.
! H.R. 1205, S. 1580, and S. 1583 reauthorize and amend the Coral
Reef Conservation Act of 2000. On March 6, 2007, the House
Natural Resources Subcommittee on Fisheries, Wildlife, and Oceans
held a hearing on H.R. 1205; on June 28, 2007, the House
Committee on Natural Resources reported this bill (amended) on
October 22, 2007 (H.Rept. 110-394, Part I), and the House
subsequently passed this measure (amended). On March 13, 2008,
the Senate Committee on Commerce, Science, and Transportation
reported (amended) S. 1580 (S.Rept. 110-276).
! H.R. 1679 seeks to protect Florida coral reefs and other coastal
marine resources from Cuban petroleum exploration and
development.
! H.R. 2185, S. 2020, and Title IV, Subtitle D, of S. 3297 amend the
Tropical Forest Conservation Act of 1998 to provide debt relief to
developing countries that protect coral reefs and associated coastal
marine ecosystems; on October, 15, 2007, the Senate Committee on
Foreign Relations reported S. 2020 (S.Rept. 110-196). The House
passed H.R. 2185 (amended) on October 9, 2007.
! H.Con.Res. 300 expresses the sense of Congress that the United
States maintains its leadership role in improving the health and
promoting the resiliency of coral reef ecosystems; the House agreed
to this measure on May 21, 2008.
! H.Res. 1112 recognizes 2008 as the International Year of the Reef;
the House agreed to this measure on April 22, 2008.
! Section 158 of H.R. 6001, Section 21 of H.R. 6108, Section 347 of
H.R. 6165, Section 121 of H.R. 6384, Section 217 of H.R. 6421,
Section 22 of H.R. 6428, Section 224 of H.R. 6779, and Section 220
of S. 3280 require a study of how the removal of offshore oil and gas
platforms and other OCS facilities might affect existing coral
populations.
National Marine Sanctuaries. Section 7(d)(8) of H.R. 1187 and S. 2635
promote cooperative research and education efforts with commercial fishermen
operating within the Gulf of the Farallones National Marine Sanctuary, the Cordell
Bank National Marine Sanctuary, and the Monterey Bay National Marine Sanctuary.
The House Natural Resources Subcommittee on Fisheries, Wildlife, and Oceans held
a hearing on H.R. 1187 on October 24, 2007. On March 31, 2008, the House

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Committee on Natural Resources reported (amended) H.R. 1187 (H.Rept. 110-557),
and the House subsequently passed this bill, amended. On May 6, 2008, the Senate
Committee on Commerce, Science, and Transportation’s Subcommittee on Oceans,
Atmosphere, Fisheries, and Coast Guard held a hearing on H.R. 1187; the full
committee reported this bill (amended) on October 1, 2008 (S.Rept. 110-516). H.R.
6537 clarifies the authority for fishery management in National Marine Sanctuaries;
on July 24, 2008, the House Natural Resources Subcommittee on Fisheries, Wildlife,
and Oceans held a hearing on this measure.
Tuna. H.R. 3669 and Section 421 of H.R. 2830, as passed by the House on
April 24, 2008, amend 46 U.S.C. relating to fishery endorsements to promote the
U.S. distant water tuna fleet. H.R. 3165 amends the Harmonized Tariff Schedule of
the United States to specifically provide for duty-free treatment of certain tuna
imported directly from U.S. insular possessions. H.Con.Res. 229 and S.Res 368
express the sense of the Congress that the United States should seek a review of
compliance with the International Commission for the Conservation of Atlantic
Tunas (ICCAT) conservation and management recommendations for Atlantic bluefin
tuna and other species. In addition, S.Res. 368 expresses the sense of the Senate that
the United States should pursue a moratorium on the eastern Atlantic and
Mediterranean bluefin tuna fishery in ICCAT. On November 13, 2007, the House
agreed to H.Con.Res. 229. On November 14, 2007, the Senate agreed to S.Res. 368.
H.R. 4525 modifies the definition of “in airtight containers” to promote public health
and safety.
Marketing. H.R. 167 and H.R. 293 provide assistance for the construction,
improvement, and rehabilitation of farmers markets, including those selling local
aquaculture and commercial fishing products. On May 9, 2007, the Senate passed
S. 1082 (amended), containing § 518 requiring the Food and Drug Administration to
prepare a report on the taxonomic and consumer perception differences between
lobster and langostino. H.R. 3115 and Section 14 of H.R. 3610 amend the Federal
Food, Drug, and Cosmetic Act to restrict the use of carbon monoxide in meat,
poultry, and seafood; the House Energy and Commerce Subcommittee on Health held
a hearing on H.R. 3610 on September 26, 2007. H.Res. 582 expresses the sense of
the House supportive of local fishermen and fishing communities, education of
seafood consumers, and consumption of healthy seafood, especially locally caught
products.
Health Care. Section 2 of H.R. 241, Section 202 of H.R. 324, Section 101 of
H.R. 1012, Section 402 of H.R. 5923, Section 201 of H.R. 5955 and S. 3072, and
Section 112 of H.R. 6110 amend the Employee Retirement Income Security Act of
1974 (ERISA; P.L. 93-406; 29 U.S.C. §§ 1001, et seq.) to authorize fishing industry
associations to provide health care plans for association members. S. 2630 and H.R.
5404 amend the Public Health Service Act to establish a grant program to increase
health care coverage and access for workers and families in the commercial fishing
industry.
Trade. Section 321(b) of S. 122, Section 501(b) of H.R. 910, and Section 202
of H.R. 3801/S. 1848 amend the Trade Act of 1974 (19 U.S.C. §§ 2271, et seq.) to
clarify that commercial fishermen are eligible for trade adjustment assistance. On
July 18, 2007, the Senate Committee on Commerce, Science, and Transportation held

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a listening session on the safety of Chinese imports, including oversight and analysis
of the federal response. H.R. 5014 extends the temporary suspension of duty on
oysters (other than smoked), prepared or preserved.
Sharks. H.R. 5741 and S. 3231 amend the High Seas Driftnet Fishing
Moratorium Protection Act to increase sanctions on nations that permit shark finning;
the House Natural Resources Subcommittee on Fisheries, Wildlife, and Oceans held
a hearing on this bill on April 16, 2008. The House Committee on Natural Resources
reported this bill (amended) on July 8, 2008 (H.Rept. 110-740); the House passed this
measure (amended) on this date.
Sea Turtles. Section 901 of S. 1892 requires a Coast Guard report on efforts
taken from FY2000 through FY2007 to protect sea turtles; the Senate Committee on
Commerce, Science, and Transportation reported this bill (amended) on February 5,
2008 (S.Rept. 110-261). H.R. 6862 reauthorizes the Marine Turtle Conservation Act
of 2004 through FY2014.
Maritime Liens. Section 505 of S. 1892 prohibits the attachment of maritime
liens to fishing permits; the Senate Committee on Commerce, Science, and
Transportation reported this bill (amended) on February 5, 2008 (S.Rept. 110-261).
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.23 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);24 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,
whereby juvenile salmon are cultured, released to mature in the open ocean, and
caught when they return as adults to spawn. Fish hatcheries can be either publicly
or privately operated to raise fish for recreational and commercial stocking as well
as to mitigate aquatic resource and habitat damage.
The U.N. Food and Agriculture Organization (FAO) has characterized
aquaculture as one of the world’s fastest growing food production activities. World
aquaculture production more than doubled in 10 years, from about 10 million metric
tons in 1984 to 25.5 million metric tons in 1994; by 2002, global aquaculture
production had reached almost 40 million metric tons. By mid-2006, FAO estimated
23 For more background information, see CRS Report RL32694, Open Ocean Aquaculture,
by Harold F. Upton, Rachel Borgatti and Eugene H. Buck, and out-of-print CRS Report 97-
436, Aquaculture and the Federal Role, by Geoffrey S. Becker and Eugene H. Buck,
available from the author at [gbuck@crs.loc.gov].
24 For statistics on freshwater production, see [http://www.agcensus.usda.gov/Publications/
2002/Aquaculture/index.asp].

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that 43% of all fish consumed by humans came from aquaculture.25 FAO has
projected that aquaculture will surpass wild-harvested seafood as the source of more
than 50% of global seafood consumption in 2008. In addition, FAO predicts that
world aquaculture production could exceed 130 million metric tons by 2030.26
U.S. aquaculture, until recently and with a few exceptions, has been considered
a minor industry. The U.S. Department of Agriculture’s 2005 Census of Aquaculture
reported that U.S. sales of aquaculture products had reached nearly $1.1 billion, with
more than half this value produced in Alabama, Arkansas, Louisiana, and
Mississippi.27 Despite considerable growth, the domestic aquaculture industry faces
strong competition from imports of foreign aquacultural products, from the domestic
poultry and livestock industries, and from wild harvests.28 With growth, however,
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.).
In October 2007, NOAA released a 10-year plan for its marine aquaculture
program.29 The 110th Congress may consider legislation the Administration has
drafted to modify the regulatory environment to promote the development of U.S.
offshore, open-ocean aquaculture.
Congressional Action
Food Safety. Section 1006 of P.L. 110-85 (H.R. 3580) authorized the Food
and Drug Administration (FDA) to enhance inspection of aquaculture products. H.R.
1148, S. 654, and H.R. 7143 establish a Food Safety Administration, with food
production facilities defined as including aquaculture facilities in Section 3(14). H.R.
3077 amends the Federal Food, Drug, and Cosmetic Act to address safety concerns
with imported seafood and seafood products by requiring seafood importing
countries to be certified as having equivalent safety systems to the United States; S.
1776 imposes this certification requirement on all imported food products. H.R.
5219 authorizes appropriations for FDA’s seafood inspection regime. S. 2688, H.R.
5738, and H.R. 5956 direct the Secretary of Commerce to establish a program to
better ensure that seafood in interstate commerce is fit for human consumption; on
July 15, 2008, the Senate Committee on Commerce, Science, and Transportation
reported (amended) S. 2688 (S.Rept. 110-420).
Genetic Modification. Section 1007 of P.L. 110-85 (H.R. 3580) required the
Food and Drug Administration to prepare a report on environmental risks associated
25 For more details, see [http://www.fao.org/newsroom/en/news/2006/1000383/index.html].
26 For more discussion of FAO projections for 2030, see Part 3 of [http://www.fao.org/
docrep/007/y5600e/y5600e00.htm].
27 See [http://www.nass.usda.gov/aquaculture/index.asp].
28 For the latest information on domestic production and statistics, see [http://usda.mannlib.
cornell.edu/MannUsda/viewDocumentInfo.do?documentID=1375].
29 Available at [http://aquaculture.noaa.gov/about/tenyear.html].

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CRS-21
with genetically engineered seafood products, including their impact on wild fish
stocks.
Algal Biomass. Section 228 of P.L. 110-140 required a report by the
Secretary of Energy on the progress of research and development on the use of algae
as a feedstock for the production of biofuels. H.R. 6943 amends the Internal
Revenue Code of 1986 to provide for a credit for algae-derived fuels.
Assistance. P.L. 110-246, the Food, Conservation, and Energy Act of 2008,
included several provisions (1) providing drought coverage for aquaculture under the
non-insured crop assistance program (Section 12027); (2) authorizing a pilot program
under the Conservation Reserve Program for enrolling wetland areas, with eligible
acreage including shallow water areas that were devoted to a commercial pond-raised
aquaculture operation any year from 2002 through 2007 (Section 2106); and (3)
creating a new emergency disaster assistance program for farm-raised fish (Section
15101). Several bills propose to amend either the MSFCMA (S. 741 and H.R. 2565)
or the Coastal Zone Management Act (H.R. 3223) to establish a grant program to
ensure waterfront access for aquaculture operators and commercial fishermen; on
February 28, 2008, the House Natural Resources Subcommittee on Fisheries,
Wildlife, and Oceans held a hearing on H.R. 3223. Section 3109 of H.R. 1591
appropriates $5 million for the Department of Agriculture to compensate aquaculture
operators for losses due to limitations on fish transport in the Great Lakes region to
combat outbreaks of viral hemorrhagic septicemia; this bill was reported by the
House Committee on Appropriations on March 20, 2007 (H.Rept. 110-60). The
House passed H.R. 1591 on March 23, 2007. On March 29, 2007, the Senate passed
H.R. 1591 (amended), without the aquaculture operator compensation provision. On
April 24, 2007, a conference report was filed on H.R. 1591, without the aquaculture
operator compensation provision (H.Rept. 110-107); this conference report was
agreed to by the House (April 25, 2007) and Senate (April 26, 2007). President Bush
vetoed H.R. 1591 on May 1, 2007. Section 3 of H.R. 7196/S. 3644 directs the
Secretary of Agriculture to provide $50 million in grants to states for assistance to
aquaculture operators to offset feed costs or economic losses caused by natural
disasters.
National Aquaculture Act Reauthorization. Section 7414 of P.L. 110-
246, the Food, Conservation, and Energy Act of 2008, reauthorized the National
Aquaculture Act through FY2012.
Marketing. Section 11016 of P.L. 110-246 authorized a voluntary grading
program for farm-raised domestic catfish administered through the Agricultural
Marketing Service, and mandated safety inspection of such products by the Food
Safety and Inspection Service. H.R. 167 and H.R. 293 provide assistance for the
construction, improvement, and rehabilitation of farmers markets, including those
selling local aquaculture and commercial fishing products. H.R. 3115 amends the
Federal Food, Drug, and Cosmetic Act to restrict the use of carbon monoxide in
meat, poultry, and seafood. Section 3001 of S. 2228 includes aquacultural products
in a grant program to enhance the competitiveness of specialty crops.
Crop Insurance. Section 12023 of P.L. 110-246 amended the Federal Crop
Insurance Act to expand aquaculture and research coverage. Section 9016 of S. 1424

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CRS-22
and Section 702 of H.R. 2144 expand the Adjusted Gross Revenue Insurance Pilot
Program to include coverage for shellfish.
Animal Health. Section 11013 of P.L. 110-246 directed the Secretary of
Agriculture to establish an advisory committee to develop recommendations
regarding the National Aquatic Animal Health Plan developed by the National
Aquatic Animal Health Task Force.
Research. The Food, Conservation, and Energy Act of 2008, P.L. 110-246,
included provisions (1) reauthorizing various regional aquaculture research centers
through FY2012 (Section 7140) and (2) identifying marine shrimp farming and viral
hemorrhagic septicemia as high priorities for research and extension grants (Section
7204).
National Marine Sanctuaries. Section 6(b) of H.R. 1187 and S. 2635
prohibit most aquaculture in the Gulf of the Farallones National Marine Sanctuary,
the Cordell Bank National Marine Sanctuary, and the Monterey Bay National Marine
Sanctuary. The House Natural Resources Subcommittee on Fisheries, Wildlife, and
Oceans held a hearing on H.R. 1187 on October 24, 2007. On March 31, 2008, the
House Committee on Natural Resources reported (amended) H.R. 1187 (H.Rept.
110-557), and the House subsequently passed this bill, amended. On May 6, 2008,
the Senate Committee on Commerce, Science, and Transportation’s Subcommittee
on Oceans, Atmosphere, Fisheries, and Coast Guard held a hearing on H.R. 1187; the
full committee reported this bill (amended) on October 1, 2008 (S.Rept. 110-516).
Turtles. H.R. 924 and S. 540 require the Food and Drug Administration to
permit the sale of baby turtles as pets so long as the seller uses proven methods to
effectively treat Salmonella. On May 1, 2007, this provision was also proposed as
an amendment (Title VII) to S. 1082; this amendment (as revised) was agreed to on
May 8, 2007, and S. 1082 (amended) was passed by the Senate on May 9, 2007.
Subtitle C, Title XI, of H.R. 2419, as passed by the Senate (amended) on December
14, 2007, requires a study to determine the prevalence of Salmonella in reptiles and
amphibians sold as pets. On May 13, 2008, a conference report was filed on H.R.
2419, with the turtle provisions deleted (H.Rept. 110-627).
Open Ocean Aquaculture. S. 533 amends the National Aquaculture Act of
1980 to prohibit issuing marine aquaculture facility permits until permit requirements
are enacted. H.R. 2010 and S. 1609 authorize the Secretary of Commerce to
establish and implement a regulatory system for offshore aquaculture; on July 12,
2007, the House Natural Resources Subcommittee on Fisheries, Wildlife, and Oceans
held a hearing on H.R. 2010. H.R. 7109 prohibits the Secretary of the Interior from
authorizing commercial finfish aquaculture operations in the U.S. EEZ.
Trade. Section 402 of S. 1848 amends the Trade Act of 1974 (19 U.S.C. §§
2271, et seq.) to clarify that aquaculture producers are eligible for trade adjustment
assistance. On July 18, 2007, the Senate Committee on Commerce, Science, and
Transportation held a listening session on the safety of Chinese imports, including
oversight and analysis of the federal response.

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Asian Carp. H.R. 83, S. 726, and Section 171 of S. 791 amend the Lacey Act
to add four species of carp to the list of injurious species that are prohibited from
being imported or shipped. H.R. 6031 directs the U. S. Fish and Wildlife Service to
study various approaches to eradicating Asian carp from the Great Lakes and their
tributaries.
Tax Provisions. H.R. 2110 amends the Internal Revenue Code to provide for
tax-exempt qualified small issue bonds to finance aquacultural processing property.
Marine Mammals: Background and Issues
In 1972, Congress enacted the Marine Mammal Protection Act (MMPA; 16
U.S.C. §§ 1361, et seq.), 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. 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, supporters note that the MMPA has accomplished
much by way of promoting research and increased understanding of marine life as
well as encouraging attention to incidental bycatch mortalities of marine life by the
commercial fishing and other maritime industries.
The MMPA established a moratorium on the “taking” of marine mammals in
U.S. waters and by U.S. nationals on the high seas. It also established a moratorium
on importing marine mammals and marine mammal products into the United States.
The MMPA protected marine mammals from “clubbing, mutilation, poisoning,
capture in nets, and other human actions that lead to extinction.” It also expressly
authorized the Secretary of Commerce and the Secretary of the Interior to issue
permits for the “taking” of marine mammals for certain purposes, such as scientific
research and public display.
Under the MMPA, the Secretary of Commerce, acting through NMFS, 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. This division of authority derives from agency
responsibilities as they existed when the MMPA was enacted. Title II of the MMPA
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 MMPA.
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 MMPA. 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

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CRS-24
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 taking 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 MMPA’s moratorium on taking does not apply to any Native American
(Indian, Aleut, or Eskimo) who resides in Alaska near the coast of the North Pacific
(including the Bering Sea) or Arctic Ocean (including the Chukchi and Beaufort
Seas), if such taking is for subsistence purposes or for creating and selling authentic
Native articles of handicrafts and clothing, and is not done wastefully.
The MMPA 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 five-
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 in 1994 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 in 1997 by P.L. 105-42, the International Dolphin
Conservation Program Act.
Section 319 of P.L. 108-136 amended the MMPA to provide a broad exemption
for “national defense.” This section also amended the definition of “harassment” of
marine mammals, as it applies to military readiness activities, to require greater
scientific evidence of harm, and the consideration of impacts on military readiness
in the issuance of permits for incidental takings. On January 23, 2007, the
Department of Defense announced the authorization of a two-year exemption under
these provisions for mid-frequency active sonar use.30
Marine Mammal Protection Act Reauthorization
Background. The MMPA was reauthorized by P.L. 103-238, the Marine
Mammal Protection Act Amendments of 1994; the authorization for appropriations
expired on September 30, 1999. The 1994 amendments indefinitely authorized the
taking of marine mammals incidental to commercial fishing operations and provided
for assessing marine mammal stocks in U.S. waters, for developing and
implementing 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 studying pinniped-fishery interactions.31
30 See [http://www.news.navy.mil/search/display.asp?story_id=27415].
31 For more background and information on the 1994 amendments, see out-of-print CRS
(continued...)

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Congressional Action. In the 109th Congress, several bills were introduced,
proposing to extensively amend the MMPA and authorize appropriations for several
marine mammal programs. Although the House passed H.R. 4075 (amended), no
further action was taken before 109th Congress adjourned. The 110th Congress may
again consider measures to amend and reauthorize the MMPA as well as bills to
address specific marine mammal regulatory and management issues.32
In the 110th Congress, several bills have been introduced to amend the MMPA:
! H.R. 1006 modifies provisions of the John H. Prescott Marine
Mammal Rescue Assistance Grant Program, including reauthorizing
funding for the Marine Mammal Unusual Mortality Event Fund; the
House passed this bill on March 19, 2007. On July 15, 2008, the
Senate Committee on Commerce, Science, and Transportation
reported (amended) this bill (S.Rept. 110-421).
! H.R. 1007 repeals the long-term goal for reducing the incidental
mortality and serious injury of marine mammals to zero in
commercial fishing operations, and to modify the goal of take
reduction plans for reducing such takings.
! H.R. 1769 authorizes taking of California sea lions to reduce their
predation on endangered Columbia River salmon; the House Natural
Resources Subcommittee on Fisheries, Wildlife, and Oceans held a
hearing on this bill on August 2, 2007.
! H.R. 2327 and S. 1406 delete the authorization for importing polar
bear sport hunting trophies from Canada. H.R. 6936 allows
importing polar bear trophies taken in Canadian sport hunts before
the polar bear was listed as a threatened species. H.R. 7171 amends
the MMPA to allow the importation of polar bear trophies taken in
sport hunts in Canada.
! Section 901 of S. 1892 requires a Coast Guard report on efforts
taken from FY2000 through FY2007 to enforce the MMPA; the
Senate Committee on Commerce, Science, and Transportation
reported this bill (amended) on February 5, 2008 (S.Rept. 110-261).
! H.R. 3156 and S. 1860 modify how certain MMPA offenses might
be prosecuted.
! H.R. 5106 authorizes the Marine Mammal Commission to establish
a national program to fund basic and applied research on marine
mammals.
! H.R. 5429 amends the MMPA to authorize marine mammal
cooperative management agreements in Alaska.
! Section 33 of H.R. 6428 and Section 238 of H.R. 6779 direct the
Secretary of the Interior to establish regional OCS Joint Permitting
31 (...continued)
Report 94-751 ENR, Marine Mammal Protection Act Amendments of 1994, by Eugene H.
Buck, available from the author at [gbuck@crs.loc.gov].
32 For additional background on potential reauthorization issues, see CRS Report RL30120,
The Marine Mammal Protection Act: Reauthorization Issues, by Eugene H. Buck.

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CRS-26
Offices, with expertise in MMPA consultations and preparation of
documents.
Miscellaneous Issues
Canadian Seal Hunt. S.Res. 115, S.Res. 118, and H.Res. 427 express the
sense of the House urging Canada to halt its commercial seal hunt. On July 30, 2007,
the House agreed to H.Res. 427.
Polar Bear. H.R. 2327 and S. 1406 delete the authorization in the MMPA for
importing polar bear sport hunting trophies from Canada. On June 26, 2007, the
Senate Committee on Appropriations reported S. 1696 (S.Rept. 110-91), in which §
120, in Title I prohibits the expenditure of funds for issuing permits to import polar
bear sport hunting trophies during FY2008. This provision was not included in P.L.
110-161 (the Consolidated Appropriations Act, 2008) signed by President Bush on
December 26, 2007. On January 17, 2008, the House Select Committee on Energy
Independence and Global Warming held a hearing on the delay by U.S. Fish and
Wildlife Service in announcing their decision on whether to list polar bears as
threatened under the Endangered Species Act.33 H.R. 5058 prohibits the Secretary
of the Interior from leasing any tract in the Chukchi Sea Lease Sale 193 off Alaska
until the Secretary determines whether to list the polar bear as a threatened or
endangered species. On January 30, 2008, the Senate Committee on Environment
and Public Works held an oversight hearing to examine threats to and protection for
the polar bear. H.R. 6057 amends the Outer Continental Shelf Lands Act to prohibit
oil and gas leasing and related activities in the Beaufort and Chukchi Sea Planning
Areas unless certain conditions are met.
Climate Change. Section 202(b)(5) of H.R. 620, H.R. 2338, S. 280, and H.R.
4226; Subtitle G of H.R. 6186, S. 2191, and S. 3036; Title IV, Subtitle D, of H.R.
2337; Subtitle B, Part 2, of H.R. 6316; and Section 7456 of H.R. 3220/H.R. 3221
authorize funding for efforts to strengthen and restore habitat to improve the ability
of wildlife to adapt successfully to climate change; Section 301 of H.R. 620 also
amends the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451, et seq.) to
require the Secretary of Commerce to prepare a report on the observed and projected
effects of climate change on marine life and habitat. The House passed H.R. 3221
(amended) on August 4, 2007; the Senate passed this measure (amended) on April
10, 2008, without the House-passed language on habitat and climate change. Section
101 of S. 317 amends the Clean Air Act (42 U.S.C. §§ 7401, et seq.) to create a
Climate Action Trust Fund, funding (among many programs) efforts to identify
coastal and marine resources (such as coral reefs, submerged aquatic vegetation,
shellfish beds, and other coastal or marine ecosystems) at greatest risk of damage by
climate change; to monitor for impacts; and to restore damaged resources.
Military Sonar. On May 11, 2007, the House Committee on Armed Services
reported H.R. 1585 expressing concern in the committee report (H.Rept. 110-146)
33 For additional information, see CRS Report RL33941, Polar Bears: Listing Under the
Endangered Species Act, by Eugene H. Buck, M. Lynne Corn, and Kristina Alexander.

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CRS-27
about the Navy issuing a two-year MMPA exemption, in January 2007,34 for the use
of mid-frequency sonar in naval training exercises and directing the Navy to assess
the number and species of marine mammals injured and killed as a result of activities
conducted under the two-year exemption. On May 17, 2007, the House passed H.R.
1585 (amended). The Senate passed H.R. 1585 (amended) on October 1, 2007. A
conference report was filed on H.R. 1585 on December 6, 2007 (H.Rept. 110-477);
the House (December 12, 2007) and Senate (December 14, 2007) agreed to the
conference report. H.R. 1585 was pocket vetoed by President Bush on December 28,
2007.
Whales. S.Res. 456 directs the United States to undertake bilateral discussions
with Canada to negotiate an agreement to conserve populations of large whales that
migrate along the Atlantic coast of North America. S. 2657 and H.R. 5536 require
the Secretary of Commerce to prescribe regulations limiting vessel speed to reduce
collisions with North Atlantic right whales; the Senate Committee on Commerce,
Science, and Transportation reported S. 2657 (amended) on July 22, 2008 (S.Rept.
110-429). H.Con.Res. 350 and S.Con.Res. 86 express the sense of Congress that the
United States, through the International Whaling Commission, should use all
appropriate measures to end commercial whaling and strengthen the conservation and
management of whale species. The House agreed to H.Con.Res. 350 on June 18,
2008. H.R. 6624 and S. 3333 amend the Whaling Convention Act so that it expressly
applies to aboriginal subsistence whaling, and authorizes the Secretary of Commerce
to set bowhead whale catch limits in the event that the IWC fails to adopt such limits.
Fur Seals. Section 918 of S. 1892 extends the authorization of the Fur Seal
Act of 1966 through FY2009; the Senate Committee on Commerce, Science, and
Transportation reported this bill (amended) on February 5, 2008 (S.Rept. 110-261).
Southern Sea Otter. H.R. 3639 establishes a research program for the
recovery of the southern sea otter; the House Natural Resources Subcommittee on
Fisheries, Wildlife, and Oceans held a hearing on this measure on April 24, 2008.
NMFS Appropriations
Signed by President Bush on December 26, 2007, P.L. 110-161 (the
Consolidated Appropriations Act, 2008) provided more than $829 million for NMFS
for FY2008.
On February 4, 2008, the Bush Administration released its FY2009 budget
request, including about $782 million for NMFS (see Table 1). The FY2009 request
for funding for NMFS under the Operations, Research, and Facilities (OR&F)
Account is $15.87 million (2.24%) more than funding enacted for FY2008.
However, total NMFS funding would decrease by $46.76 million (5.64%) from that
enacted for FY2008, primarily due to decreases for Pacific Coastal Salmon Recovery
and Other Accounts.
34 For additional background, see CRS Report RL33133, Active Military Sonar and Marine
Mammals: Events and References, by Eugene H. Buck and Kori Calvert.

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CRS-28
Table 1. NMFS Appropriations
(in thousands of dollars)
FY2007
FY2008
FY2008
FY2009
FY2009
FY2009
Enacted
Request
Enacted
Request
Hse draft
Sen Rpt
Fisheries
515,301
402,096
409,209
424,480
429,184
460,672
Protected
141,015
165,095
163,992
167,241
176,241
178,105
Resources
Habitat
43,544
50,415
50,245
43,405
49,905
48,405
Conservation
Enforcement
78,126
86,973
84,894
89,085
89,085
90,085
Surveillance
SUBTOTAL
828,716a
704,579
708,340
724,211
744,415
777,267
Procurement,
Acquisition,
11,190
0
2,021
0
0
4,600
Construction
Pacific Coastal
Salmon
66,638
66,825
67,000
35,000
65,000
90,000
Recovery
Other Accounts
27,385
24,550
51,722
23,112
0
54,000
TOTAL
933,929
795,954
829,083
782,323
809,415
925,867
Sources: Budget Justifications, House and Senate Committee Reports, and floor debate.
a. Includes funds for “Alaska Composite Research and Development Program” — $50.3 million for
FY2006; for FY2007, $36.45 million was requested and $50.73 million was enacted.
Major increases requested in excess of enacted FY2008 funding in NMFS’s
portion of the OR&F Account include:
!
Fisheries Research and Management Programs:
+ $21.5 million
!
Expand Annual Stock Assessments:
+ $8.5 million
!
Survey and monitoring projects:
+ $8.2 million
!
Economics and social science research:
+ $4.7 million
!
Atlantic salmon habitat restoration
+ $4.17 million
!
Pacific Salmon Recovery and Research:
+ $3.17 million
!
Recreational fisheries statistics:
+ $3 million
!
Enforcement of IUU fishing:
+ $2.4 million
!
Sustainable habitat management:
+ $1.96 million
!
Marine Mammal Conservation and Recovery:
+ $1.5 million
Major decreases requested from enacted FY2008 funding in NMFS’s portion of
the OR&F Account include:
!
Massachusetts groundfish support:
-$13.4 million
!
Penobscot River habitat restoration:
-$10 million
!
Magnuson implementation off Alaska:
-$7.3 million

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CRS-29
!
NW Hawaii Monument fishery assistance:
-$6.7 million
!
SE area monitoring and assessment:
-$4.4 million
!
Marine turtles:
-$3.7 million
!
Alaska Sea Life Center:
-$3.5 million
!
Community-based restoration and open rivers:
-$3.1 million
In late June 2008, the draft bill approved by the House Committee on
Appropriations containing FY2009 NMFS appropriations recommended almost $810
million for NMFS for FY2009, $19.7 million (-2.4%) less than the FY2008 enacted
level and $27.1 million (3.5%) more than the FY2009 request. Included in the House
draft was an additional $30 million for Pacific Coastal Salmon Restoration, in
addition to what the Administration had requested.
On June 23, 2008, the Senate Committee on Appropriations reported S. 3182
(S.Rept. 110-397), recommending almost $926 million for NMFS for FY2009, $97.8
million (11.8%) more than the FY2008 enacted level and $143.5 million (18.3%)
more than the FY2009 request. In addition to what the Administration had requested,
the Senate bill included an additional $55 million for Pacific Coastal Salmon
Restoration, $50 million for fishery disaster mitigation, and $30 million for various
fishery management activities.

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