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Fishery, Aquaculture, and Marine Mammal
Issues in the 111th Congress
Eugene H. Buck
Specialist in Natural Resources Policy
Harold F. Upton
Analyst in Natural Resources Policy
May 28, 2010
Congressional Research Service
7-5700
www.crs.gov
R40172
CRS Report for Congress
P
repared for Members and Committees of Congress
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Fishery, Aquaculture, and Marine Mammal Issues in the 111th Congress
Summary
Fish and marine mammals are important resources in open ocean and nearshore coastal areas;
many federal laws and regulations guide their management as well as the management of their
habitat.
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 Magnuson-Stevens Fishery
Conservation and Management Act (MSFCMA) through eight regional fishery management
councils. Beyond 200 miles, the United States participates in international agreements relating to
specific areas or species. The 111th Congress may oversee implementation of the MSFCMA as
well as address individual habitat and management concerns for U.S. commercial and sport
fisheries to achieve a sustainable balance between resource use and protection. Current concerns
include whether additional effort should be taken to eliminate overfishing, how fishery disaster
assistance should be funded, and whether to more aggressively encourage fishing vessel capacity
reduction and limited access privilege programs. The 111th Congress has enacted P.L. 111-5,
including language to broaden the basis for determining import increases for trade adjustment
assistance for fishing and aquaculture to include wild-caught fish and seafood in addition to farm-
raised fish and seafood. In addition, P.L. 111-11 authorized implementation of the San Joaquin
River Restoration Settlement providing for the reintroduction of Chinook salmon; extended the
authorizations for the Upper Colorado and San Juan River Basin endangered fish recovery
programs through FY2023; directed the Secretary of Commerce to establish an ocean
acidification program within NOAA, and to establish an interagency committee to develop an
ocean acidification research and monitoring plan; and reauthorized (through FY2015) and amend
the Fisheries Restoration and Irrigation Mitigation Act of 2000.
Aquaculture—the farming of fish, shellfish, and other aquatic animals and plants in a controlled
environment—is expanding rapidly abroad, with more modest growth in the United States. In the
United States, important species cultured include catfish, salmon, shellfish, and trout. The 111th
Congress has enacted P.L. 111-5, including language (1) providing as much as $50 million in total
assistance to aquaculture producers for losses associated with high feed input costs during the
2008 calendar year and (2) including National Fish Hatcheries as eligible for $165 million in
resource management funding as well as $115 million in construction funding for the U.S. Fish
and Wildlife Service.
Marine mammals are protected under the Marine Mammal Protection Act (MMPA). With few
exceptions, the MMPA prohibits harm or harassment (“take”) of marine mammals, unless
restrictive permits are obtained. It also addresses specific situations of concern, such as dolphin
mortality, primarily associated with the eastern tropical Pacific tuna fishery. The 111th Congress
may consider bills to reauthorize and amend the MMPA as well as measures to address specific
marine mammal habitat and management concerns, such as how to deal with the effects of
increasing noise in the ocean.
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Fishery, Aquaculture, and Marine Mammal Issues in the 111th Congress
Contents
Most Recent Developments......................................................................................................... 1
Introduction ................................................................................................................................ 2
Commercial and Sport Fisheries.................................................................................................. 2
Background .......................................................................................................................... 2
Magnuson-Stevens Act.......................................................................................................... 5
Implementation of P.L. 109-479 ...................................................................................... 6
Action in the 111th Congress............................................................................................ 6
Pacific Salmon...................................................................................................................... 8
Background .................................................................................................................... 8
Action in the 111th Congress............................................................................................ 8
Additional Fishery Issues in the 111th Congress ................................................................... 10
Assistance..................................................................................................................... 10
Habitat Protection and Restoration ................................................................................ 10
Climate Change and Ocean Acidification ...................................................................... 12
Energy and Water Projects............................................................................................. 13
Sport Fisheries .............................................................................................................. 13
International Relations .................................................................................................. 14
Health Care................................................................................................................... 14
Coral............................................................................................................................. 15
Invasive Species............................................................................................................ 15
Fishing Vessels.............................................................................................................. 16
Tuna ............................................................................................................................. 17
Seafood Safety and Nutrition ........................................................................................ 17
Enforcement ................................................................................................................. 18
Hypoxia and Algal Blooms ........................................................................................... 18
Chesapeake Bay............................................................................................................ 19
National Marine Sanctuaries and Monuments................................................................ 19
Marine Turtles............................................................................................................... 19
Tax Provisions .............................................................................................................. 19
Marketing ..................................................................................................................... 20
Trade ............................................................................................................................ 20
Sharks........................................................................................................................... 20
Fisheries Research Vessel.............................................................................................. 20
Aquaculture .............................................................................................................................. 20
Background ........................................................................................................................ 20
Action in the 111th Congress................................................................................................ 21
Assistance..................................................................................................................... 21
National Fish Hatchery System ..................................................................................... 22
Research ....................................................................................................................... 22
Oysters ......................................................................................................................... 22
Chesapeake Bay............................................................................................................ 23
Offshore Aquaculture .................................................................................................... 23
Food Safety................................................................................................................... 23
Asian Carp.................................................................................................................... 23
Delta Smelt ................................................................................................................... 24
Algae ............................................................................................................................ 24
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Fishery, Aquaculture, and Marine Mammal Issues in the 111th Congress
Marketing ..................................................................................................................... 24
Marine Mammals ...................................................................................................................... 24
Background ........................................................................................................................ 24
Marine Mammal Protection Act Reauthorization ................................................................. 25
Additional Marine Mammal Issues in the 111th Congress..................................................... 27
Whales and Whaling ..................................................................................................... 27
Climate Change ............................................................................................................ 27
Dolphin Protection ........................................................................................................ 27
Southern Sea Otter ........................................................................................................ 28
Seals ............................................................................................................................. 28
Military Sonar............................................................................................................... 28
Habitat Protection ......................................................................................................... 28
Polar Bears ................................................................................................................... 28
NMFS Appropriations ............................................................................................................... 28
FWS Appropriations ................................................................................................................. 29
Figures
Figure 1. U.S. Commercial Fish and Shellfish Harvest, 1976-2007.............................................. 4
Tables
Table 1. NMFS Appropriations, FY2009-FY2011...................................................................... 29
Table 2. FWS Appropriations, FY2009-FY2011 ........................................................................ 30
Contacts
Author Contact Information ...................................................................................................... 30
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Fishery, Aquaculture, and Marine Mammal Issues in the 111th Congress
Most Recent Developments
On June 9, 2010, the Senate Energy and Natural Resources Subcommittee on Water and Power
has scheduled a hearing on S. 3387, proposing to provide for the release of water from the Ruedi
Reservoir for the benefit of endangered fish habitat in the Colorado River. On May 27, 2010, the
Senate passed H.R. 4899 (amended), an emergency supplemental appropriations measure that
includes $5 million for expenses related to commercial fishery failures as determined by the
Secretary of Commerce in January 2010; $13 million for responding to economic impacts on
fishermen and fishery-dependent businesses; and $7 million for scientific investigations and
sampling related to the discharge of oil and use of oil dispersants in connection with the explosion
on, and sinking of, the mobile offshore drilling unit Deepwater Horizon. On May 24, 2010, the
Senate Committee on Commerce, Science, and Transportation reported (amended) S. 2856,
allowing the United States-Canada Transboundary Resource Sharing Understanding to be
considered an international agreement for the purposes of Section 304(e)(4) of the MSFCMA,
creating an exemption and allowing federal fisheries managers to extend stock rebuilding
deadlines for New England groundfish and scallop fisheries covered under this bilateral
agreement. On May 20, 2010, the Senate Committee on Environment and Public Works ordered
S. 3372 reported, extending the date on which the Environmental Protection Agency and
applicable states may require permits for discharges from fishing vessels to December 18, 2013.
On May 18, 2010, the House passed H.R. 2288 (amended), amending P.L. 106-392 to maintain
annual base funding for the Upper Colorado and San Juan fish recovery programs through
FY2023, after this bill was reported (amended) by the House Committee on Natural Resources.
Also on May 18, 2010, the House Committee on Natural Resources reported (1) H.R. 4493
(amended), enhancing visitor services, fish and wildlife research, and marine and coastal resource
management related to the Marianas Trench Marine National Monument; and (2) H.R. 3511
(amended), authorizing the Secretary of the Interior to establish and operate a visitor facility for
the Marianas Trench Marine National Monument. On May 17, 2010, the Senate Committee on
Environment and Public Works reported S. 1214 (amended), seeking to conserve fish and aquatic
communities through partnerships that foster fish habitat conservation. On May 14, 2010, the
Senate Committee on Appropriations reported emergency supplemental appropriations in H.R.
4899 (amended). On May 11, 2010, the Senate Environment and Public Works Subcommittee on
Oversight and Subcommittee on Water and Wildlife held a joint oversight hearing on the
Environmental Protection Agency’s role in protecting ocean health. On May 7, 2010, the Senate
passed H.R. 3619, after amending this measure to substitute the language of S. 1124, as reported,
to amend the American Fisheries Act to modify provisions for vessel rebuilding and replacement,
vessel exemptions, and fishery cooperative exemption provisions, and to amend Title 46, United
States Code, to modify the vessel size limit eligibility criteria for a fishery endorsement. On May
6, 2010, the House Foreign Affairs Subcommittee on International Organizations, Human Rights,
and Oversight and Subcommittee on Asia, the Pacific, and the Global Environment held a joint
hearing on H.R. 2455, proposing to amend the Whale Conservation and Protection Study Act to
promote international whale conservation, protection, and research. On May 5, 2010, the Senate
Committee on Environment and Public Works reported S. 1421, amending the Lacey Act to add
bighead carp to the list of injurious species that are prohibited from being imported or shipped
interstate. (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 the notification list.)
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Introduction
Increasing use of coastal and marine resources is driving proposals for Congress and the
Administration to alter current relationships between environmental protection and sustainable
resource management. Recent reports note declines in marine resources and shortcomings in what
are perceived as fragmented and limited approaches to resource protection and management in
federal and state waters.1 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 both to natural processes, such as climate
variation, and to 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 and protection of the marine environment.
Congress last reauthorized and extensively amended the Magnuson-Stevens Fishery Conservation
and Management Act (MSFCMA) in the 109th Congress (P.L. 109-479); the current funding
authorization expires on September 30, 2013. The Marine Mammal Protection Act was last
reauthorized in 1994 by P.L. 103-238, and funding authorization expired on September 30, 1999.
The 111th Congress may consider measures to reauthorize the MMPA, address aquatic habitat
concerns, provide funding for disaster assistance, and address fishery-specific concerns, as well
as conducting oversight of MSFCMA implementation.
Commercial and Sport Fisheries
Background
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 1950, 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.
1 For example, see America’s Living Oceans: Charting a Course for Sea Change, available at
http://www.pewtrusts.org/uploadedFiles/wwwpewtrustsorg/Reports/Protecting_ocean_life/
env_pew_oceans_final_report.pdf, and An Ocean Blueprint for the 21st Century, available at
http://www.oceancommission.gov/documents/full_color_rpt/000_ocean_full_report.pdf.
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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 as well as actions by other coastal nations provided impetus for unilateral
U.S. action.
The enactment of the Fishery Conservation and Management Act (FCMA); 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 a 200-mile 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 about 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 Section 7 of the 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 by congressionally approved compacts.
2 The United Nations Convention on the Law of the Sea was reported favorably in the 110th Congress by the Senate
Committee on Foreign Relations (S.Exec.Rept. 110-9) on December 19, 2007.
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 2007 report to Congress on council membership, see http://www.nmfs.noaa.gov/sfa/reg_svcs/
Council_Reportocongress/07_RptCongress.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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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 EEZ waters increased dramatically,
from about 1.6 billion pounds (1977) to more than 6.3 billion pounds in 1986-1988.7 Since this
peak, annual landings have hovered around 6 billion pounds (Figure 1).
Figure 1. U.S. Commercial Fish and Shellfish Harvest, 1976-2007
7
6
5
4
3
llion pounds
bi 2
1
0
19
1
1
1
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1
1
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1
2
2
2
2
7
9
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- No Data
Inshore State Waters
Offshore EEZ Waters
International Waters
Source: NMFS, Fisheries of the United States (various years), Current Fishery Statistics series.
In 2008, U.S. commercial fishermen landed slightly more than 6.6 billion pounds of edible,
unprocessed fish and shellfish from combined state, federal, and international waters, worth more
than $4.2 billion at the dock.8 Imports of mostly processed products supplied 5.2 billion pounds,
worth $14.2 billion. U.S. consumers spent an estimated $69.8 billion on edible seafood in 2008,
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 2008 are available at http://www.st.nmfs.noaa.gov/st1/fus/fus08/index.html.
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with $46.8 billion of that amount spent in restaurants and other food service establishments. In
addition, marine recreational anglers caught an estimated 464 million fish in 2008, of which the
retained catch was about 248 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 2009,
NMFS made determinations for 250 fish stocks and complexes,12 finding that 38 (15%) of them
were subject to overfishing13 and 212 (85%) were not. In addition, NMFS made determinations
for 203 stocks and complexes, finding that 46 (23%) were overfished14 and 157 (77%) were not.
These numbers reflect a slight decline in the overfishing percentage compared to 2008 (when
16% were subject to overfishing) as well as a stable overfished percentage compared to that year
(when 23% were overfished).
In addition, NMFS developed a Fish Stock Sustainability Index (FSSI) in 2005 as a performance
measure to evaluate progress nationwide in addressing overfishing.15 Out of a possible maximum
FSSI of 920, this index of success in curbing overfishing has increased from 481.5 (third quarter
of calendar year 2005) to 571.5 (first quarter of calendar year 2010).
Magnuson-Stevens Act
The MSFCMA was reauthorized in 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;
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/pubs/nat_survey2006_final.pdf.
11 See http://www.nmfs.noaa.gov/sfa/statusoffisheries/sos_full28_press.pdf.
12 NMFS reviewed 522 individual stocks and stock complexes but had insufficient 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/statusoffisheries/2010/first/q1_2010_fssi_summary_changes.pdf.
16 For additional summary information on this measure, see http://www.nmfs.noaa.gov/msa2005/
MSA%202006%20Implementation%20Overview.pdf.
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• 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;
• 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 summarized various tasks associated with implementing P.L. 109-479.18 On January
13, 2009, NMFS released its first report to Congress on implementing Title IV of P.L. 109-479,
relating to better control of illegal, unreported, and unregulated (IUU) fishing activities.19 On
January 15, 2009, NMFS issued final guidance amending the guidelines for National Standard 1,
designed to end overfishing in response to provisions in P.L. 109-479 providing new requirements
for annual catch limits and other accountability measures.20
Action in the 111th Congress
On October 27, 2009, the House Natural Resources Subcommittee on Insular Affairs, Oceans,
and Wildlife held an oversight hearing on implementation of the MSFCMA. The House Natural
Resources Subcommittee on Insular Affairs, Oceans, and Wildlife held two hearings on catch
shares (1) as a fishery management option (March 16, 2010) and (2) regarding the community
perspective (April 22, 2010). In addition, the 111th Congress is considered several bills that
amend the MSFCMA:
• H.R. 81 and S. 850 amend the MSFCMA to modify language related to
prohibiting shark finning; the House passed H.R. 81 on March 2, 2009. On
February 4, 2010, the Senate Committee on Commerce, Science, and
Transportation reported (amended) S. 850 (S.Rept. 111-124).
• S. 1124, Section 605 of S. 1194, Section 2 of H.R. 2652, and Section 802 of H.R.
3619 amend the American Fisheries Act to modify provisions for vessel
rebuilding and replacement, vessel exemptions, and fishery cooperative
exemption provisions. On December 3, 2009, the House Committee on
Transportation and Infrastructure reported (amended) H.R. 2652 (H.Rept. 111-
351). On October 30, 2009, the Senate Committee on Commerce, Science, and
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. Additional information on NMFS’s
implementation of P.L. 109-479 can be found at http://www.nmfs.noaa.gov/msa2007/.
19 Available at http://www.nmfs.noaa.gov/msa2007/docs/biennial_report011309.pdf.
20 74 Federal Register 3178-3213, January 16, 2009.
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Transportation reported (amended) S. 1194 (S.Rept. 111-95). On October 16,
2009, the House Committee on Transportation and Infrastructure reported
(amended) H.R. 3619 (H.Rept. 111-303, Part I); and the House passed this
measure (amended) on October 23, 2009. On May 7, 2010, the Senate passed
H.R. 3619, after amending this measure to substitute the language of S. 1124, as
reported.
• H.R. 1379 prohibits the commercial harvesting of Atlantic striped bass in coastal
waters and the EEZ.
• H.R. 1584 and S. 1255 amend the MSFCMA to extend the authorized time
period for rebuilding certain overfished populations. S. 2856 and H.R. 4369
allow the United States-Canada Transboundary Resource Sharing Understanding
to be considered an international agreement for the purposes of Section 304(e)(4)
of the MSFCMA, creating an exemption and allowing federal fisheries managers
to extend stock rebuilding deadlines for New England groundfish and scallop
fisheries covered under the bilateral agreement. On May 24, 2010, the Senate
Committee on Commerce Science, and Transportation reported (amended) S.
2856 (S.Rept. 111-194).
• S. 918/H.R. 3270 amend the MSFCMA to add New York to the New England
Fishery Management Council.
• H.R. 3307 and S. 3046 direct the Secretary of Commerce to study the South
Atlantic red snapper fishery and limit the Secretary’s authority to promulgate any
interim rule that prohibits fishing in this fishery. H.R. 4723 and S. 3045 direct the
Secretary of Commerce to study the Gulf of Mexico red snapper fishery and limit
the Secretary’s authority to promulgate any interim rule that prohibits fishing in
this fishery.
• S. 1609 and H.R. 3910 authorize a single fisheries cooperative for the Bering Sea
Aleutian Islands longline catcher processor subsector for Pacific cod. On
December 17, 2009, the Senate Committee on Commerce, Science, and
Transportation ordered S. 1609 reported.
• Section 704 of H.R. 3534 prohibits regional fishery management councils from
implementing offshore aquaculture through fishery management plans and their
amendments and invalidates any such action already taken. On September 16-17,
2009, the House Committee on Natural Resources held hearings on this measure.
• H.R. 4634 limits the authority of the Secretary of Commerce to implement
certain fishery closures unless the Secretary certifies that closure is the only
option available for maintaining a fishery at a sustainable level.
• H.R. 5155 prohibits the Secretary of Commerce from regulating incidental
fisheries bycatch until a report on aerial assessment of sea turtle populations is
submitted to Congress.
• H.R. 5180 establishes an ombudsman office within NMFS.
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Pacific Salmon
Background
Steelhead trout and 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 the same
freshwater rivers and lakes to spawn. Management is complicated because these fish may cross
several state and national boundaries during their life spans, and their different subpopulations/
stocks intermingle on fishing grounds. In addition to natural environmental fluctuations, threats to
salmon include hydropower dams that block rivers and create reservoirs, sport and commercial
harvests, habitat modification by competing resource industries and other human development,
and hatcheries seeking to supplement natural production but sometimes unintentionally causing
genetic or developmental concerns. In response to declining salmon populations in Washington,
Oregon, Idaho, and California, discrete population units have been listed as endangered or
threatened species under the Endangered Species Act.21 On September 13, 2006, a San Joaquin
River Restoration Settlement Agreement was announced, ending an 18-year legal dispute over the
operation of Friant Dam in California. This agreement provides for river channel improvements
and water flow to sustain Chinook salmon upstream (south) from the confluence of the Merced
River tributary while reducing or avoiding adverse water supply impacts to Friant Division long-
term water contractors that may result from restoration flows provided in the agreement.
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 steelhead trout.
Annex IV was recently renegotiated and took effect on January 1, 2009.22
Action in the 111th Congress
Language in the “construction” account for the U.S. Fish and Wildlife Service in P.L. 111-8
(H.R. 1105, the Omnibus Appropriations Act for 2009) permanently rescinded all unobligated
balances under the authority of the Anadromous Fish Conservation Act. Title X, Subtitle A, of
P.L. 111-11 (H.R. 146) authorized the implementation of the San Joaquin River Restoration
Settlement23 providing for the reintroduction of Chinook salmon.24 The 111th Congress is
considering several additional bills relating to Pacific salmon:
21 For additional background on this issue, see CRS Report 98-666, Pacific Salmon and Steelhead Trout: Managing
Under the Endangered Species Act, by Eugene H. Buck and Harold F. Upton.
22 For background information on the Pacific Salmon Treaty, see CRS Report RL30234, The Pacific Salmon Treaty:
The 1999 Agreement and Renegotiated Annex IV, by Eugene H. Buck. For additional information on the renegotiated
Annex IV, see http://www.dfo-mpo.gc.ca/media/back-fiche/2009/pr01-eng.htm.
23 For additional information on this settlement, see CRS Report RL34237, San Joaquin River Restoration Settlement,
coordinated by Betsy A. Cody and Pervaze A. Sheikh.
24 For more background, see CRS Report R40125, Title X of H.R. 146: San Joaquin River Restoration, by Betsy A.
Cody and Pervaze A. Sheikh.
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• H.R. 1080 amends the Pacific Salmon Treaty Act to strengthen enforcement
mechanisms to stop illegal, unreported, and unregulated fishing; on March 19,
2009, the House Natural Resources, Subcommittee on Insular Affairs, Oceans,
and Wildlife held a hearing on this bill, and on July 24, 2009, the House
Committee on Natural Resources reported this measure, amended (H.Rept. 111-
228). The House passed H.R. 1080 (amended) on September 22, 2009. S. 2870
amends the Pacific Salmon Treaty Act of 1985 and the Northern Pacific
Anadromous Stocks Act of 1992 to deter and combat illegal, unreported, and
unregulated fishing. On March 24, 2010, the Senate Committee on Commerce,
Science, and Transportation ordered S. 2870 reported.
• S. 817 and H.R. 2055 establish a Salmon Stronghold Partnership program to
protect wild Pacific salmon; on June 16, 2009, the House Natural Resources
Subcommittee on Insular Affairs, Oceans, and Wildlife held a hearing on H.R.
2055. On April 15, 2010, the Senate Commerce, Science, and Transportation
Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard held a
hearing on S. 817.
• On March 31, 2009, the House Committee on Natural Resources held an
oversight hearing on the California drought and actions by federal and state
agencies to address impacts on lands, fisheries, and water users. H.R. 2977
directs the Bureau of Reclamation to enter into an agreement with the National
Academy of Sciences to study sustainable water and environmental management
in the Sacramento-San Joaquin Delta, California. H.R. 3794 amends the Central
Valley Project Improvement Act to assist in efforts to avoid losses of juvenile
anadromous fish.
• H.R. 1672 and S. 668 direct county marine resources committees to assist in
identifying local implications, needs, and strategies associated with the recovery
of Puget Sound salmon. On October 20, 2009, the House Natural Resources
Subcommittee on Insular Affairs, Oceans, and Wildlife held a hearing on H.R.
1672. On October 21, 2009, the Senate Committee on Commerce, Science, and
Transportation reported (amended) S. 668 (S.Rept. 111-90). On December 7,
2009, the House Committee on Natural Resources reported (amended) H.R. 1672
(H.Rept. 111-354), and the House subsequently passed this measure (amended).
• H.R. 3503 requires a scientific analysis of Federal salmon recovery efforts by the
National Academy of Sciences and authorizes removal of the four lower Snake
River dams by the Army Corps of Engineers.
• H.R. 3999 directs the Commissioner of the Bureau of Reclamation to initiate
ESA consultations on the Central Valley Project and the California State Water
Project.
• Section 201 of H.R. 4347 amends Title IV of the Indian Self-Determination and
Education Assistance Act relating to funding agreements with the Hoopa Valley
Tribe for restoring the Trinity River fishery and with the Quinault Indian Nation
for the National Salmon Hatchery located on the Quinault Reservation.
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Additional Fishery Issues in the 111th Congress
Assistance
Section 1886 of P.L. 111-5 broadens the basis for determining import increases relating to trade
adjustment assistance for fishing and aquaculture to include wild-caught fish and seafood in
addition to farm-raised fish and seafood. Several other bills in the 111th Congress deal with
assistance to the fishing industry:
• S. 533 and H.R. 2548 amend the Coastal Zone Management Act to establish a
grant program to ensure waterfront access for aquaculture operators and
commercial fishermen. On October 20, 2009, the House Natural Resources
Subcommittee on Insular Affairs, Oceans, and Wildlife held a hearing on H.R.
2548.
• H.R. 1983 recodifies Title 53 (Small Business) of the U.S. Code, including
disaster assistance programs applicable to commercial fishermen and aquaculture
operations.
• H.R. 3583 provides for a subsidy to sellers and buyers of fish directly delivered
to American Samoa from vessels with U.S. fisheries endorsements. On
November 4, 2009, the House Natural Resources Subcommittee on Insular
Affairs, Oceans, and Wildlife held a hearing on this measure.
• Section 208 of S. 2731 requires a report to Congress providing information on
economic injury disaster declarations under Section 7(b)(2) of the Small Business
Act (15 U.S.C. 636(b)(2)) based on a fishery resource disaster declaration from
the Secretary of Commerce.
• H.R. 4914 promotes coastal jobs creation in activities that promote sustainable
fisheries and fishing communities and revitalize waterfronts.
• S. 3337 provides technical assistance grants to fisheries organizations for
assisting individuals and businesses affected by the Deepwater Horizon oil spill
in the Gulf of Mexico to file claims.
Habitat Protection and Restoration
Section 9107 of P.L. 111-11 (H.R. 146) amended P.L. 106-392 to extend the authorizations for the
Upper Colorado and San Juan River Basin endangered fish recovery programs through FY2023.
Other measures have been introduced:
• H.R. 790 and S. 851 prohibit federal oil or natural gas leases in any marine
national monument or national marine sanctuary or Georges Bank. H.R. 204
permanently prohibits oil and gas leasing off the coast of Mendocino, Humboldt,
and Del Norte Counties in the state of California. H.R. 1696 and S. 783
permanently prohibit offshore drilling on the outer Continental Shelf in the Mid-
Atlantic and North Atlantic planning areas. H.R. 1906 permanently prohibits oil
and gas leasing off the California coast. H.R. 2439 prohibits oil and gas leases on
portions of the outer continental shelf located off the coast of New Jersey. H.R.
5213 and S. 3358 prohibit offshore drilling on the outer continental shelf off
California, Oregon, and Washington. H.R. 5287 prohibits offshore drilling on the
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outer continental shelf in the Atlantic Ocean and Gulf of Mexico. H.R. 5248
prohibits oil, gas, or mineral leasing on the entire U.S. outer continental shelf.
H.R. 5358 would prohibit oil and gas leasing on the outer continental shelf off
the Florida coast.
• Section 106 of S. 684 authorizes the Coast Guard and NOAA to identify U.S.
areas where special navigational measures are warranted to reduce the risk of oil
spills and potential damage to natural resources, including commercial fisheries.
• Section 15 of H.R. 2120 authorizes expenditures for monitoring and management
of fish and their habitat related to energy and minerals development on federal
onshore and offshore lands.
• H.R. 1672 and S. 668 amend and reauthorize the Northwest Straits Marine
Conservation Initiative Act. On October 20, 2009, the House Natural Resources
Subcommittee on Insular Affairs, Oceans, and Wildlife held a hearing on H.R.
1672. On October 21, 2009, the Senate Committee on Commerce, Science, and
Transportation reported (amended) S. 668 (S.Rept. 111-90). On December 7,
2009, the House Committee on Natural Resources reported (amended) H.R. 1672
(H.Rept. 111-354), and the House subsequently passed this measure (amended).
• H.R. 2288/S. 1453 amend P.L. 106-392 to maintain annual base funding for the
Upper Colorado and San Juan fish recovery programs through FY2023. The
Senate Energy and Natural Resources Subcommittee on Water and Power held a
hearing on S. 1453 on July 23, 2009. On September 22, 2009, the House Natural
Resources Subcommittee on Water and Power held a hearing on H.R. 2288. On
May 18, 2010, the House Committee on Natural Resources reported (amended)
H.R. 2288 (H.Rept. 111-481), and the House passed this measure (amended) on
the same date. On March 2, 2010, the Senate Committee on Energy and Natural
Resources reported S. 1453 (S.Rept. 111-142).
• H.R. 2565 and S. 1214 seek to conserve fish and aquatic communities through
partnerships that foster fish habitat conservation; on June 16, 2009, the House
Natural Resources Subcommittee on Insular Affairs, Oceans, and Wildlife held a
hearing on H.R. 2565. On December 3, 2009, the Senate Environment and Public
Works Subcommittee on Water and Wildlife held a hearing on S. 1214. On May
17, 2010, the Senate Committee on Environment and Public Works reported
(amended) S. 1214 (S.Rept. 111-190).
• S. 1252 amends and reauthorizes the Oceans and Human Health Act through
FY2014. Section 605 of H.R. 3534 creates an Ocean Resources Conservation and
Assistance Fund to support activities that promote and protect ocean ecosystem
health and biodiversity. On September 16-17, 2009, the House Committee on
Natural Resources held hearings on H.R. 3534. On May 11, 2010, the Senate
Environment and Public Works Subcommittee on Oversight and Subcommittee
on Water and Wildlife held a joint oversight hearing on the Environmental
Protection Agency’s role in protecting ocean health.
• H.R. 2977 directs the Bureau of Reclamation to enter into an agreement with the
National Academy of Sciences to study sustainable water and environmental
management in the Sacramento-San Joaquin Delta, California.
• S. 1601, S. 3387, and H.R. 5362 provide for the release of water from the Ruedi
Reservoir for the benefit of endangered fish habitat in the Colorado River. On
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June 9, 2010, the Senate Energy and Natural Resources Subcommittee on Water
and Power has scheduled a hearing on S. 3387.
• S.Res. 247 and H.Res. 710 voice support for the objectives of “National Estuaries
Day” (September 26, 2009). On September 10, 2009, the Senate agreed to S.Res.
247; the House agreed to H.Res. 710 on October 6, 2009.
• S. 1311 amends the Federal Water Pollution Control Act (Clean Water Act) to
enhance cooperative efforts to monitor, restore, and protect water quality and
marine ecosystems of the Gulf of Mexico. On November 9, 2009, the Senate
Environment Subcommittee on Water and Wildlife held a hearing on this
measure.
• H.R. 3622 amends the Internal Revenue Code of 1986 to allow a credit for the
construction of ponds for recreational fishing and conservation of aquatic habitat.
• Section 312 of S. 3280 amends the Sikes Act to provide funding for fish habitat
management on state-owned National Guard installations.
• H.R. 5344 and S. 3382 authorize the Secretary of the Interior, through the Coastal
Program of the U.S. Fish and Wildlife Service, to work with willing partners to
assess, protect, restore, and enhance coastal areas that provide fish habitat.
• A number of bills in the 111th Congress address various water quality issues more
generally; for more information on these issues, see CRS Report R40098, Water
Quality Issues in the 111th Congress: Oversight and Implementation, by Claudia
Copeland.
Climate Change and Ocean Acidification
Title XII, Subtitle D, of P.L. 111-11 (H.R. 146) directed the Secretary of Commerce to establish
an ocean acidification program within NOAA, and to establish an interagency committee to
develop an ocean acidification research and monitoring plan.25 Several additional bills deal with
climate change and fisheries:
• H.R. 2192; Title IV, Subtitle E, Part 1, Subpart C, of H.R. 2454/H.R. 2998;
Division A, Title III, Subpart C, of S. 1733; and S. 1933 establish and fund an
integrated federal program to protect, restore, and conserve natural resources in
response to the threats of climate change.26 The House Committee on Energy and
Commerce held hearings on H.R. 2454 on May 18-21, 2009, and reported this
measure (amended) on June 5, 2009 (H.Rept. 111-137, Part I). On June 26, 2009,
the House passed H.R. 2454 (amended). The Senate Committee on Environment
and Public Works held a hearing on S. 1733 on October 27-29, 2009, and
reported this bill (amended) on February 2, 2010 (S.Rept. 111-121). Section
6(c)(1)(N) of S. 2877 provides funding for climate change and ocean
acidification mitigation and adaptation projects, activities, and research to
increase the resilience of fish and wildlife and ecosystems.
25 For background information, see CRS Report R40143, Ocean Acidification, by Eugene H. Buck and Peter Folger.
26 For additional information, see CRS Report R40911, Comparison of Climate Change Adaptation Provisions in S.
1733 and H.R. 2454, coordinated by Melissa D. Ho.
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• Section 4 of S. 810 directs NOAA and EPA to establish four regional Institutes
for Ocean and Coastal Adaptation to Climate Change and Ocean Acidification, to
conduct research, planning, and related efforts to assess, prepare for, and adapt to
the ongoing and expected impacts of climate change and ocean acidification.
• H.Res. 989 expresses the sense of the House that the United States should adopt
national policies and pursue international agreements to prevent ocean
acidification, to study the impacts of ocean acidification, and to address the
effects of ocean acidification on marine ecosystems and coastal economies.
• On April 22, 2010, the Senate Commerce, Science, and Transportation
Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard held a
hearing on the environmental and economic impacts of ocean acidification.
Energy and Water Projects
Section 13002 of P.L. 111-11 (H.R. 146) reauthorized (through FY2015) and amended the
Fisheries Restoration and Irrigation Mitigation Act of 2000. Section 15 of H.R. 2120 authorizes
expenditures for monitoring and management of fish and their habitat related to energy and
minerals development on federal onshore and offshore lands.
Sport Fisheries
Section 160 of P.L. 111-68 extended the division of appropriations for various programs under the
Sport Fish Restoration and Boating Trust Fund through October 31, 2009. Section 3513 of P.L.
111-84 (H.R. 2647) modified the authorization for applications to the Secretary of Transportation
for obsolete vessels to be used as artificial reefs. Section 1008(a) of P.L. 111-118 further extended
the authority to make expenditures from the Highway Trust Fund and other trust funds, including
various programs under the Sport Fish Restoration and Boating Trust Fund, through February 28,
2010. Section 4(a) of P.L. 111-144 further extended the authority to make expenditures from the
Highway Trust Fund and other trust funds, including various programs under the Sport Fish
Restoration and Boating Trust Fund, through March 28, 2010. P.L. 111-147 further extended the
authority to make expenditures from the Highway Trust Fund and other trust funds, including
various programs under the Sport Fish Restoration and Boating Trust Fund, through December
31, 2010. Several bills contain provisions related to sport and recreational fisheries:
• S. 297/S. 477 authorize charter boat operators and recreational fishermen to form
associations to catch and market aquatic products, implement vessel capacity
reduction programs, and undertake research.
• Section 19(b) of H.R. 1108 and Section 21(b) of H.R. 2120 amend the Outer
Continental Shelf 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 outer continental shelf facilities might affect existing fish
stocks and coral populations.
• Section 9(b)(2)(B) of S. 503 makes a portion of adjusted bonus, rental, and
royalty revenues from federal oil and gas leasing and operations in the western
Arctic coastal plain of Alaska available for federal sport fish restoration grants.
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• H.R. 1379 prohibits the commercial harvesting of Atlantic striped bass in coastal
waters and the EEZ.
• Section 4(b)(1) of S. 730 eliminates the duty on lug-bottom boots for use in
fishing waders. S. 1824 and Section 4(c) of H.R. 4316 extend the temporary
suspension of duty on lug-bottom boots for use in fishing waders.
• H.R. 2430 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 agreed to this measure on
June 2, 2009. The Senate Energy and Natural Resources Subcommittee on
National Parks held a hearing on H.R. 2430 on July 22, 2009.
• H.R. 2717 and S. 1205 exempt guides for hire and other operators of uninspected
vessels on Lake Texoma from Coast Guard and other regulations.
• Section 3(b) of S. 1496 extends the allocation of appropriations for several
subaccounts of the Sport Fish Restoration and Boating Trust Fund through March
31, 2011. S. 1496 was reported on July 22, 2009, by the Senate Committee on
Commerce, Science, and Transportation.
• H.R. 3622 amends the Internal Revenue Code of 1986 to allow a credit for the
construction of ponds for recreational fishing and conservation of water-based
wildlife habitat.
• H.R. 3749 and S. 1770 seek to promote opportunities for recreational fishing,
hunting, and shooting on federal public lands.
• H.Res. 1282 expresses the sense of the House of Representatives that the
promotion of recreational fishing and boating should be a national priority.
International Relations
P.L. 111-117 (H.R. 3288) appropriated funds for international fisheries commissions at $53.976
million for FY2010. Section 103(4) of H.R. 2410 authorizes appropriations for International
Fisheries Commissions at $12.608 million for FY2010 and such sums as may be necessary for
FY2011; on June 4, 2009, the House Committee on Foreign Affairs reported this measure
(H.Rept. 111-136), amended to authorize the Administration’s request of $43.576 million for
international fisheries commissions for FY2010 and such sums as may be necessary for FY2011.
On June 10, 2009, the House passed H.R. 2410 (amended). Section 103(4) of H.R. 2475
authorizes appropriations for international fisheries commissions at $29.925 million for FY2010
and such sums as may be necessary for FY2011. S. 2870 amends various statutes implementing
international fishery agreements to deter and combat illegal, unreported, and unregulated fishing.
On March 24, 2010, the Senate Committee on Commerce, Science, and Transportation ordered S.
2870 reported. S. 2871 makes technical corrections to the Western and Central Pacific Fisheries
Convention Implementation Act and the Pacific Whiting Act of 2006. Section 110 of S. 2971
amends the Fishermen’s Protective Act to extend the period for reimbursement of seized
commercial fishermen through FY2013.
Health Care
P.L. 111-148 includes provisions authorizing grants to commercial fishing industry organizations
to provide information on qualified health benefit plans and identifying fishing as a high-risk
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profession affecting the cost of employer-sponsored health coverage. Section 2(a) of H.R. 2607,
Section 112(a) of S. 1240, Section 232(a) of H.R. 3400, Section 121(a) of H.R. 3713, Section
502(a) of H.R. 3889, Section 201(a) of H.R. 4038, and Section 132(a) of H.R. 4529 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.
Coral
Several bills relate to coral and coral reefs:
• H.R. 52/S. 345 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 July 16, 2009, the Senate Committee on Foreign
Relations reported S. 345 (S.Rept. 111-49).
• H.R. 860 and S. 2859 amend and reauthorize the Coral Reef Conservation Act of
2000 through FY2014; the House Natural Resources Subcommittee on Insular
Affairs, Oceans, and Wildlife held a hearing on H.R. 860 on February 25, 2009.
On July 10, 2009, the House Committee on Natural Resources reported
(amended) H.R. 860 (H.Rept. 111-196). The House passed H.R. 860 (amended)
on September 22, 2009. On December 17, 2009, the Senate Committee on
Commerce, Science, and Transportation ordered S. 2859 reported.
• Section 19(b) of H.R. 1108 and Section 21(b) of H.R. 2120 amend the Outer
Continental Shelf Lands Act to require a study of how the removal of offshore oil
and gas platforms and other outer continental shelf facilities might affect existing
coral populations.
• H.Res. 989 expresses the sense of the House that the United States should adopt
national policies and pursue international agreements to prevent ocean
acidification, to study the impacts of ocean acidification, and to address the
effects of ocean acidification on marine ecosystems and coastal economies.
• H.R. 4914 promotes coastal jobs creation in activities that implement local
strategies developed by state or federal agencies to conserve coral reef
ecosystems.
Invasive Species
On February 9, 2010, the House Transportation and Infrastructure Subcommittee on Water
Resources and Environment held an oversight hearing on Asian carp and the Great Lakes.27 On
February 25, 2010, the Senate Energy and Natural Resources Subcommittee on Water and Power
held a hearing to examine the science and policy behind efforts to prevent the introduction of
Asian carp into the Great Lakes. Title I of H.R. 500/S. 237 amends the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 to establish vessel ballast water management
standards; the remainder of this title focuses on improving coordination among various national
and international efforts to control invasive species and authorizes various research programs to
27 For additional background on Asian carp, see CRS Report R41082, Asian Carp and the Great Lakes Region, by
Eugene H. Buck et al.
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address invasive species concerns. Several bills amend the Lacey Act to add bighead carp (H.R.
48 and S. 1421/H.R. 3173) to the list of injurious species that are prohibited from being imported
or shipped interstate; the Senate Environment and Public Works Subcommittee on Water and
Wildlife held a hearing on S. 1421 on December 3, 2009, and the full committee ordered this bill
reported on December 10, 2009. H.R. 51 directs the U.S. Fish and Wildlife Service to study the
feasibility of various approaches to eradicating Asian carp from the Great Lakes watershed. H.R.
669 directs the Secretary of the Interior to promulgate regulations that establish a process for
assessing the risk of non-native species proposed for importation into the United States, including
lists of approved and unapproved species; the House Natural Resources Subcommittee on Insular
Affairs, Oceans, and Wildlife held hearings on this measure on April 23, 2009. Section 103(b) of
H.R. 3481 gives priority to funding projects that monitor the distribution of or studies means of
reducing or eliminating quagga mussels in the Lower Colorado River. H.R. 4001 and S. 2724
amend the Lake Tahoe Restoration Act to direct that certain activities be undertaken to address
aquatic invasive species concerns in the Lake Tahoe Basin; on February 24, 2010, the Senate
Environment and Public Works Subcommittee on Water and Wildlife held a hearing on S. 2724,
and on April 21, 2010, the committee ordered this bill reported (amended). H.R. 4472 and S. 2946
direct the Secretary of the Army to take action with respect to the Chicago Area Waterway
System to prevent the migration of bighead and silver carp into Lake Michigan. H.R. 4604 directs
the Secretary of the Army to prevent the spread of Asian carp in the Great Lakes and their
tributaries. S. 3063 and H.R. 4782 direct the Secretary of the Interior to provide loans to certain
organizations in certain (primarily western) states to address and prevent invasive species
expansions. Section 2(g) of H.R. 4715, as amended in the House on April 15, 2010, amends the
National Estuary Program to promote research on monitoring of pathways and ecosystems to
track the introduction and establishment of nonnative species; the House subsequently passed the
bill, amended, on this date.
Fishing Vessels
Several bills relate to commercial fishing vessels:
• S. 532 amends the Internal Revenue Code to provide a business credit against
income for the purchase of fishing safety equipment.
• S. 1124, Section 605 of S. 1194, and Section 2 of H.R. 2652 amend Title 46,
United States Code, to modify the vessel size limit eligibility criteria for a fishery
endorsement; in addition, Section 4 of H.R. 2652 and Section 804 of H.R. 3619
amend various provisions of Title 46 relating to fishing vessel safety. On
December 3, 2009, the House Committee on Transportation and Infrastructure
reported (amended) H.R. 2652 (H.Rept. 111-351). On October 30, 2009, the
Senate Committee on Commerce, Science, and Transportation reported
(amended) S. 1194 (S.Rept. 111-95). On October 16, 2009, the House Committee
on Transportation and Infrastructure reported (amended) H.R. 3619 (H.Rept.
111-303, Part I). The House passed H.R. 3619 (amended) on October 23, 2009,
including language in Section 1324 to extend the moratorium from EPA
regulations and fines governing incidental discharges from commercial fishing
vessels less than 79 feet until December 2013. On May 7, 2010, the Senate
passed H.R. 3619, after amending this measure to substitute the language of S.
1124, as reported.
• H.R. 3583 provides for a subsidy to sellers and buyers of fish directly delivered
to American Samoa from vessels with U.S. fisheries endorsements; on November
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4, 2009, the House Natural Resources Subcommittee on Insular Affairs, Oceans,
and Wildlife held a hearing on this measure.
• S. 3276 provides for an election to terminate certain Capital Construction funds
without penalty.
• S. 3372 extends the date on which the Environmental Protection Agency and
applicable states may require permits for discharges from fishing vessels to
December 18, 2013. On May 20, 2010, the Senate Committee on Environment
and Public Works ordered this measure reported.
Tuna
On April 2, 2009, the House Foreign Affairs Subcommittee on Asia, the Pacific, and the Global
Environment held a hearing on the South Pacific Tuna Treaty. On November 9, 2009, the Senate
agreed to S.Res. 346, expressing the sense of the Senate regarding the U.S. position at the 21st
Regular Meeting of the International Commission on the Conservation of Atlantic Tunas relative
to Atlantic bluefin tuna. Several bills relate to tuna and tuna fisheries:
• H.R. 1309 redefines terms used in the Harmonized Tariff Schedule of the United
States relating to tuna products to lower duties on imported tuna loins used in
U.S. tuna canneries.
• H.R. 3583 provides for a subsidy to sellers and buyers of fish directly delivered
to American Samoa from vessels with U.S. fisheries endorsements; on November
4, 2009, the House Natural Resources Subcommittee on Insular Affairs, Oceans,
and Wildlife held a hearing on this measure.
• Section 1115 of H.R. 3619 specifies officer requirements for distant water tuna
vessels; on October 16, 2009, the House Committee on Transportation and
Infrastructure reported (amended) H.R. 3619 (H.Rept. 111-303, Part I), with the
tuna vessel provision in Section 1315; the House passed this measure (amended)
on October 23, 2009. On May 7, 2010, the Senate passed H.R. 3619, after
amending this measure to substitute the language of S. 1124, as reported.
• S. 2870 amends various statutes implementing international tuna agreements to
deter and combat illegal, unreported, and unregulated fishing; in addition, Title
IV of this measure amends the Tuna Conventions Act of 1950 to implement the
Antigua Convention. On March 24, 2010, the Senate Committee on Commerce,
Science, and Transportation ordered S. 2870 reported.
• S. 2871 makes technical corrections to the Western and Central Pacific Fisheries
Convention Implementation Act.
• H.Res. 1180 expresses the sense of the House of Representatives regarding U.S.
policy on wild animals at the Conference of the Parties of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES),
including support for the proposal to include bluefin tuna in CITES Appendix I.
Seafood Safety and Nutrition
S. 92 directs the Secretary of Health and Human Service to refuse entry of certain seafood
imports and to specify actions to be taken on rejected shipments. Section 102 of H.R. 875
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consolidates food safety and inspection programs, including seafood inspection. H.R. 1370
directs the Secretaries of Commerce and of Health and Human Services to strengthen programs to
better ensure that seafood in interstate commerce is fit for human consumption. S. 1252 amends
and reauthorize the Oceans and Human Health Act through FY2014. H.R. 4022, S. 2735, and S.
2752 prohibit additional requirements for the control of Vibrio vulnificus applicable to the post-
harvest processing of oysters; in addition, S. 2752 requires an education campaign to increase
awareness of the risks associated with consuming raw oysters. Section 405 of S. 510 (amended),
as reported by the Senate Committee on Health, Labor, Education, and Pensions on December 18,
2009, directs the Secretary of Health and Human Services to update the Fish and Fisheries
Products Hazards and Control Guidance to take into account advances in technology. Section 4 of
S. 2913 establishes a national monitoring program of mercury levels in fish and their habitat. S.
2934 amends the Federal Food, Drug, and Cosmetic Act to ensure the safety of imported seafood
and authorizes cooperative inspection programs by individual states.
Enforcement
On March 2, 2010, the House Oversight and Government Reform Subcommittee on Domestic
Policy held an oversight field hearing in Gloucester, MA, on problems with NOAA’s fishery law
enforcement. On March 3, 2010, the Senate Commerce, Science, and Transportation
Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard held an oversight hearing on
NOAA’s fisheries enforcement programs and operations. On March 3, 2010, the House Natural
Resources Subcommittee on Insular Affairs, Oceans, and Wildlife held an oversight hearing on
improving NOAA law enforcement programs and operations. H.R. 1080 amends various fishery
statutes to strengthen enforcement mechanisms to stop illegal, unreported, and unregulated
fishing; on March 19, 2009, the House Natural Resources Subcommittee on Insular Affairs,
Oceans, and Wildlife held a hearing on this bill, and on July 24, 2009, the House Committee on
Natural Resources reported this measure, amended (H.Rept. 111-228). The House passed H.R.
1080 (amended) on September 22, 2009. S. 2870 amends various statutes implementing
international fishery agreements to deter and combat illegal, unreported, and unregulated fishing.
On March 24, 2010, the Senate Committee on Commerce, Science, and Transportation ordered S.
2870 reported.
Hypoxia and Algal Blooms
Section 6 of S. 878 and Section 13 of H.R. 2093 (as reported) require the EPA Administrator to
complete a study on the impact of algae blooms on coastal recreation waters; the Senate
Committee on Environment and Public Works reported S. 878 (amended) on April 20, 2010
(S.Rept. 111-170). The House Committee on Transportation reported (amended) H.R. 2093 on
July 20, 2009 (H.Rept. 111-214). On July 29, 2009, the House passed H.R. 2093 (amended). S.
952 and H.R. 3650 authorize a comprehensive national strategy to address harmful algal blooms
and hypoxia; on February 4, 2010, the Senate Committee on Commerce, Science, and
Transportation reported (amended) S. 952 (S.Rept. 111-125), and on January 13, 2010, the House
Committee on Science and Technology reported (amended) H.R. 3650 (H.Rept. 111-396, Part I).
On March 9, 2010, the House considered H.R. 3650 (amended), under suspension of the rules,
but failed to pass this measure. On March 12, 2010, the House reconsidered H.R. 3650
(amended), and passed this measure. S. 1252 amends and reauthorizes the Oceans and Human
Health Act through FY2014. On September 17, 2009, the House Science and Technology
Subcommittee on Energy and Environment held a hearing on formulating an action plan to
address harmful algal blooms and hypoxia.
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Chesapeake Bay
Section 2 of H.R. 1771/S. 1224 requires the Director of NOAA’s Chesapeake Bay Office to
establish a Chesapeake Bay coastal living resources management and habitat program to support
coordinated management, protection, characterization, and restoration of priority habitats and
living resources. The House Natural Resources Subcommittee on Insular Affairs, Oceans, and
Wildlife held a hearing on H.R. 1771 on July 8, 2009. The House Committee on Natural
Resources reported H.R. 1771 (amended) on September 29, 2009 (H.Rept. 111-271), and the
House passed this measure (amended) on September 30, 2009. On February 23, 2010, the Senate
Committee on Commerce, Science, and Transportation reported (amended) S. 1224 (S.Rept. 111-
126). S. 1816 includes provisions (1) authorizing a study on the impacts of the commercial
harvesting of menhaden on the water quality of the Chesapeake Bay and (2) prohibiting the
introduction of Asian oysters into Chesapeake Bay.
National Marine Sanctuaries and Monuments
Section 7(b)(2)(h) of H.R. 223/S. 212 promotes cooperative research and education efforts with
commercial fishermen operating within the Gulf of the Farallones National Marine Sanctuary and
the Cordell Bank National Marine Sanctuary; on August 4, 2009, the Senate Committee on
Commerce, Science, and Transportation reported (amended) S. 212 (S.Rept. 111-64). H.R. 790
and S. 851 prohibit federal oil or natural gas leases in any marine national monument or national
marine sanctuary or Georges Bank. H.R. 4493 enhances visitor services, fish and wildlife
research, and marine and coastal resource management related to the Marianas Trench Marine
National Monument; on May 18, 2010, the House Committee on Natural Resources reported this
bill, amended (H.Rept. 111-484). H.R. 3511 authorizes the Secretary of the Interior to establish
and operate a visitor facility for the Marianas Trench Marine National Monument; this measure
was reported (amended) by the House Committee on Natural Resources on May 18, 2010
(H.Rept. 111-483).
Marine Turtles
H.R. 509 reauthorizes the Marine Turtle Conservation Act of 2004 through FY2014; the House
Natural Resources Subcommittee on Insular Affairs, Oceans, and Wildlife held a hearing on this
bill on May 5, 2009. On July 10, 2009, the House Committee on Natural Resources reported this
measure, amended (H.Rept. 111-200). The House passed H.R. 509 (amended) on July 28, 2009.
On December 3, 2009, the Senate Environment and Public Works Subcommittee on Water and
Wildlife held a hearing on this measure. On April 26, 2010, the Senate Committee on
Environment and Public Works reported H.R. 509 (S.Rept. 111-173). H.R. 5155 directs the
Secretary of Commerce to conduct an aerial assessment of sea turtle populations in U.S. waters.
Tax Provisions
H.R. 115 amends the Internal Revenue Code to provide for tax-exempt qualified small issue
bonds to finance fish processing facilities. S. 532 amends the Internal Revenue Code to provide a
business credit against income for the purchase of fishing safety equipment. S. 1250, Section
1306 of H.R. 2300/H.R. 2828, and Section 2 of H.R. 3460, H.R. 3985, H.R. 4168, and H.R. 5142
amend the Internal Revenue Code to provide benefits for production of algae-based fuel. H.R.
3622 amends the Internal Revenue Code of 1986 to allow a credit for the construction of ponds
for recreational fishing and conservation of water-based wildlife habitats.
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Marketing
Section 131 of H.R. 759 and Section 201 of H.R. 2749 amend the Federal Food, Drug, and
Cosmetic Act to require labeling as a color additive whenever carbon monoxide is used to treat
meat, poultry, and seafood.28 On July 29, 2009, the House Committee on Energy and Commerce
reported H.R. 2749 (H.Rept. 111-234), amended to remove the section relating to carbon
monoxide. On July 7, 2009, the Senate Committee on Appropriations reported S. 1406, with
report language encouraging the Food and Drug Administration to more aggressively combat
fraud in parts of the seafood industry (S.Rept. 111-39).
Trade
Section 4(b)(1) of S. 730 eliminates the duty on lug-bottom boots for use in fishing waders. S.
1824 and Section 4(c) of H.R. 4316 extend the temporary suspension of duty on lug-bottom boots
for use in fishing waders. S. 2273 and Section 2001(a)(194) of H.R. 4380 extend the temporary
suspension of duty on oysters (other than smoked), prepared or preserved.
Sharks
H.R. 81 and S. 850 amend the High Seas Driftnet Fishing Moratorium Protection Act to increase
sanctions on nations that permit shark finning; the House passed H.R. 81 on March 2, 2009. On
February 4, 2010, the Senate Committee on Commerce, Science, and Transportation reported
(amended) S. 850 (S.Rept. 111-124).
Fisheries Research Vessel
As reported by the Senate Committee on Commerce, Science, and Transportation (S.Rept. 111-
95), Section 901 of S. 1194 requires the NOAA Administrator to take certain actions relative to
determining the homeport of the fisheries research vessel HENRY B BIGELOW.
Aquaculture
Background
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.29 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);30 shellfish and seaweed culture; net-pen
culture, used by the salmon industry, wherein fish remain captive throughout their lives in marine
28 For additional information, see CRS Report RL34247, Federal Regulation of Substances Generally Recognized As
Safe (GRAS) and the Use of Carbon Monoxide in Packaging for Meat and Fish, by Vanessa K. Burrows and Cynthia
Brougher.
29 For more background information, see CRS Report RL32694, Open Ocean Aquaculture, by Harold F. Upton and
Eugene H. Buck, and 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.
30 For statistics on freshwater production, see http://www.agcensus.usda.gov/Publications/2002/Aquaculture/index.asp.
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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 that 43% of all fish consumed by humans came from aquaculture.31 FAO
has projected that aquaculture will surpass wild-harvested seafood as the source of more than half
of global seafood consumption in 2008. In addition, FAO predicts that world aquaculture
production could exceed 130 million metric tons by 2030.32
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.33 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. 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.). The purpose of this act is to ensure coordination of
various federal programs and policies affecting the aquaculture industry, and to promote and
support aquaculture research and development.
In October 2007, NOAA released a 10-year plan for its marine aquaculture program.34 Legislation
to modify the regulatory environment and promote the development of U.S. offshore, open-ocean
aquaculture was introduced in the 110th Congress, but was not considered by either chamber.
Action in the 111th Congress
Assistance
P.L. 111-5 contains language in (1) Section 103(d) providing as much as $50 million in total
assistance to aquaculture producers for losses associated with high feed input costs during the
2008 calendar year; and (2) Section 1886 broadening the basis for determining import increases
relating to trade adjustment assistance for fishing and aquaculture to include wild-caught fish and
seafood in addition to farm-raised fish and seafood. S. 533 and H.R. 2548 amend the Coastal
Zone Management Act to establish a grant program to ensure waterfront access for aquaculture
operators and commercial fishermen; on October 20, 2009, the House Natural Resources
31 For more details, see http://www.fao.org/newsroom/en/news/2006/1000383/index.html.
32 For more discussion of FAO projections for 2030, see Part 3 of http://www.fao.org/docrep/007/y5600e/
y5600e00.htm.
33 See http://www.agcensus.usda.gov/Publications/2002/Aquaculture/AQUACEN.pdf. For the latest information on
domestic production and statistics, see http://usda.mannlib.cornell.edu/MannUsda/viewDocumentInfo.do?
documentID=1375.
34 Available at http://aquaculture.noaa.gov/about/tenyear.html.
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Subcommittee on Insular Affairs, Oceans, and Wildlife held a hearing on H.R. 2548. Section 106
of S. 684 authorizes the Coast Guard and NOAA to identify U.S. areas where special navigational
measures are warranted to reduce the risk of oil spills and potential damage to natural resources,
including aquaculture facilities. H.R. 1983 recodifies Title 53 (Small Business) of the U.S. Code,
including disaster assistance programs applicable to commercial fishermen and aquaculture
operations. Section 205 of S. 2731 deletes aquaculture from the definition of “agricultural
enterprises” for Small Business Administration disaster recovery funds. H.R. 4177 and S. 2810
contain language directing the Secretary of Agriculture to provide assistance to any applicant that
produces catfish. Section 245 of H.R. 4213, as agreed to by the Senate on March 10, 2010,
provides emergency disaster assistance to aquaculture producers for losses associated with high
feed input costs during the 2009 calendar year. S. 3337 provides technical assistance grants to
certain aquaculture organizations for assisting individuals and businesses affected by the
Deepwater Horizon oil spill in the Gulf of Mexico to file claims.
National Fish Hatchery System
P.L. 111-5 contains language including National Fish Hatcheries as eligible for $165 million in
resource management funding as well as $115 million in construction funding for the U.S. Fish
and Wildlife Service. Section 8 of S. 313/H.R. 1065 addresses the relationship between the
Department of the Interior and the White Mountain Apache Tribe (WMAT) for the operation and
maintenance of the Alchesay-Williams Creek National Fish Hatchery Complex and the WMAT
Fishery Center. Section 201 of H.R. 4347 amends Title IV of the Indian Self-Determination and
Education Assistance Act relating to funding agreements with the Quinault Indian Nation for the
National Salmon Hatchery located on the Quinault Reservation.
Research
P.L. 111-80, signed into law by President Obama on October 21, 2009, provided $3.9 million for
regional aquaculture centers, $6.56 million for aquaculture pest and disease management
(including $5.188 million for viral hemorrhagic septicemia), and $13.913 million in
congressionally directed appropriations for aquaculture research and development (including
$1.238 million for viral hemorrhagic septicemia and $465,000 for cormorant control) for
FY2010.
Oysters
Section 124 of Title I, P.L. 111-88 (H.R. 2996) authorized the Secretary of the Interior to extend
Drake’s Bay Oyster Company’s Reservation of Use and Occupancy and associated special use
permit within Drake’s Estero at Point Reyes National Seashore. H.R. 3852 and H.R. 1816 include
a provision amending Section 117 of the Federal Water Pollution Control Act to prohibit the
introduction of Asian oysters in Chesapeake Bay; on November 9, 2009, the Senate Environment
and Public Works Subcommittee on Water and Wildlife held a hearing on S. 1816. S. 2273 and
Section 2001(a)(194) of H.R. 4380 extend the temporary suspension of duty on oysters (other
than smoked), prepared or preserved. H.R. 4022, S. 2735, and S. 2752 prohibit additional
requirements for the control of Vibrio vulnificus applicable to the post-harvest processing of
oysters; in addition, S. 2752 requires an education campaign to increase awareness of the risks
associated with consuming raw oysters.
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Chesapeake Bay
Section 2 of H.R. 1771/S. 1224 requires the Director of NOAA’s Chesapeake Bay Office to
establish a Chesapeake Bay coastal living resources management and habitat program to support
various activities, including native oyster restoration, fish and shellfish aquaculture, and
submerged aquatic vegetation propagation. The House Natural Resources Subcommittee on
Insular Affairs, Oceans, and Wildlife held a hearing on H.R. 1771 on July 8, 2009. The House
Committee on Natural Resources reported H.R. 1771 (amended) on September 29, 2009 (H.Rept.
111-271), and the House passed this measure (amended) on September 30, 2009. On February 23,
2010, the Senate Committee on Commerce, Science, and Transportation reported (amended) S.
1224 (S.Rept. 111-126). H.R. 3852 and S. 1816 include a provision amending Section 117 of the
Federal Water Pollution Control Act to prohibit the introduction of Asian oysters in Chesapeake
Bay. On November 9, 2009, the Senate Environment and Public Works Subcommittee on Water
and Wildlife held a hearing on S. 1816.
Offshore Aquaculture
On September 9, 2009, the House Natural Resources Subcommittee on Insular Affairs, Oceans,
and Wildlife held an oversight hearing on offshore aquaculture. Section 704 of H.R. 3534
prohibits regional fishery management councils from implementing offshore aquaculture through
fishery management plans and their amendments and invalidates any such action already taken;
on September 16-17, 2009, the House Committee on Natural Resources held hearings on this
measure. H.R. 4363 establishes a regulatory system and research program for sustainable offshore
aquaculture in the U.S. EEZ. S. 3417 prohibits offshore aquaculture until three years after the
submission of a report on its impacts.
Food Safety
H.R. 1370 directs the Secretaries of Commerce and of Health and Human Services to strengthen
programs to better ensure that fish in interstate commerce is fit for human consumption. On July
7, 2009, the Senate Committee on Appropriations reported S. 1406, with report language strongly
encouraging the Food and Drug Administration to develop a program for increasing the
inspection of imported shrimp for banned antibiotics (S.Rept. 111-39).
Asian Carp35
S. 1421/H.R. 3173, H.R. 48, and Section 171 of S. 237 amend the Lacey Act to add bighead carp
to the list of injurious species that are prohibited from being imported or shipped interstate. On
December 3, 2009, the Senate Environment and Public Works Subcommittee on Water and
Wildlife held a hearing on S. 1421; on May 5, 2010, this committee reported this measure
(S.Rept. 111-181).
35 For additional information on Asian carp, see CRS Report R41082, Asian Carp and the Great Lakes Region, by
Eugene H. Buck et al.
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Delta Smelt
Section 4 of H.R. 856 authorizes the Secretary of the Interior to enter into a cooperative
agreement with the State of California to establish a fish hatchery program for Delta smelt in the
Sacramento-San Joaquin Delta.
Algae
S. 1250, Section 1306 of H.R. 2300/H.R. 2828, Section 2 of H.R. 3460, H.R. 3985, H.R. 4168,
and H.R. 5142 amend the Internal Revenue Code to provide benefits for production of algae-
based fuel.
Marketing
Section 131 of H.R. 759 amends the Federal Food, Drug, and Cosmetic Act to require labeling as
a color additive whenever carbon monoxide is used to treat meat, poultry, and seafood.
Marine Mammals
Background
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, and porpoises (cetaceans), and seals and sea
lions (pinnipeds). 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.
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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 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 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 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” activities. 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.36
The Navy’s use of mid-frequency sonar and its possible effects on marine mammals has been the
focus of much controversy and litigation.37
Marine Mammal Protection Act Reauthorization
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
36 For more background, see CRS Report RS22149, Exemptions from Environmental Law for the Department of
Defense (DOD), by David M. Bearden.
37 For more background, see CRS Report RL34403, Whales and Sonar: Environmental Exemptions for the Navy’s Mid-
Frequency Active Sonar Training, by Kristina Alexander, and CRS Report RL33133, Active Military Sonar and Marine
Mammals: Events and References, by Eugene H. Buck and Kori Calvert.
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fishing operations and provided for assessing marine mammal stocks in U.S. waters, for
developing and implementing take-reduction plans for stocks that have been reduced or are being
maintained below their optimum sustainable population levels due to interactions with
commercial fisheries, and for studying pinniped-fishery interactions.38
A December 2008 study by the Government Accountability Office (GAO) found that limitations
in information available make it difficult for NMFS to accurately determine which marine
mammal stocks meet the statutory requirements for establishing take reduction teams.39 GAO
found that NMFS did not have a human-caused mortality estimate or a maximum removal level
for 39 of 113 marine mammal stocks, making it impossible to determine their strategic status in
accordance with MMPA requirements. For the remaining 74 stocks, NMFS data have significant
limitations that call into questions their accuracy. NMFS contends that funding constraints limit
their ability to gather sufficient data. In addition, NMFS has not established take reduction teams
for 14 marine mammal stocks for which NMFS data show them to be strategic and interacting
significantly with commercial fisheries.
In 111th Congress on April 27, 2010, the House Natural Resources Subcommittee on Insular
Affairs, Oceans, and Wildlife held an oversight hearing on marine mammals in captivity and what
constitutes meaningful public education. In the 111th Congress, a number of bills have been
introduced proposing to amend the MMPA:
• H.R. 843 amends the MMPA to repeal 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. 844 and S. 859 reauthorize and amend the MMPA provisions relating to the
John H. Prescott Marine Mammal Rescue Assistance Grant Program; the House
passed H.R. 844 on March 2, 2009, and the Senate Committee on Commerce,
Science, and Transportation reported S. 859 on August 6, 2009 (S.Rept. 111-70).
• H.R. 1054/S. 1395 amend the MMPA to allow imports of polar bear trophies
taken in sport hunts in Canada before the date the polar bear was listed as a
threatened species under the Endangered Species Act; on September 22, 2009,
the House Natural Resources Subcommittee on Insular Affairs, Oceans, and
Wildlife held a hearing on H.R. 1054. H.R. 1055 amends the MMPA to allow
imports of polar bear trophies taken in sport hunts in Canada.
• Section 30 of H.R. 1108 directs the Secretary of the Interior to establish regional
OCS Joint Permitting Offices, with expertise in MMPA consultations and
preparation of documents.
• H.R. 2029 authorizes the Marine Mammal Commission to establish a national
research program to fund basic and applied research on marine mammals.
38 For more background and information on the 1994 amendments, see CRS Report 94-751 ENR, Marine Mammal
Protection Act Amendments of 1994, by Eugene H. Buck, available from the author at gbuck@crs.loc.gov.
39 U.S. Government Accountability Office, Improvements Are Needed in the Federal Process Used to Protect Marine
Mammals from Commercial Fishing, GAO-09-78 (December 8, 2008). Available at http://www.gao.gov/new.items/
d0978.pdf.
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• H.R. 4914 promotes coastal jobs creation in activities including cooperative
research to collect data to improve, supplement, or enhance marine mammal
stock assessments.
Additional Marine Mammal Issues in the 111th Congress
Whales and Whaling
H.R. 2455 and S. 3116 amend the Whale Conservation and Protection Study Act to promote
international whale conservation, protection, and research. On May 6, 2010, the House Foreign
Affairs Subcommittee on International Organizations, Human Rights, and Oversight and
Subcommittee on Asia, the Pacific, and the Global Environment held a joint hearing on H.R.
2455, proposing to amend the Whale Conservation and Protection Study Act to promote
international whale conservation, protection, and research. H.R. 2955 amends the Whaling
Convention Act of 1949 to require that the United States Commissioner to the International
Whaling Commission be a federal employee. H.R. 4137 authorizes the Secretary of the Interior to
provide preservation and interpretation assistance to the New Bedford Whaling National
Historical Park in Massachusetts. H.Res. 1390 expresses the sense of the House that the United
States should use its position of global leadership to strengthen whale conservation efforts and to
ensure that commercial, scientific, and other lethal whaling does not occur for any purpose other
than aboriginal subsistence.
Climate Change
H.R. 2192; Title IV, Subtitle E, Part 1, Subpart C, of H.R. 2454/H.R. 2998; Division A, Title III,
Subpart C, of S. 1733; and S. 1933 authorize funding for efforts to strengthen and restore habitat
to improve the ability of wildlife to adapt successfully to climate change.40 The House Committee
on Energy and Commerce held hearings on H.R. 2454 on May 18-21, 2009, and reported this
measure (amended) on June 5, 2009 (H.Rept. 111-137, Part I). On June 26, 2009, the House
passed H.R. 2454 (amended). The Senate Committee on Environment and Public Works held a
hearing on S. 1733 on October 27-29, 2009, and reported this bill (amended) on February 2, 2010
(S.Rept. 111-121).
Dolphin Protection
H.R. 1080 amends the Dolphin Protection Consumer Information Act to strengthen enforcement
mechanisms to stop illegal, unreported, and unregulated fishing; on March 19, 2009, the House
Natural Resources Subcommittee on Insular Affairs, Oceans, and Wildlife held a hearing on this
bill, and on July 24, 2009, the House Committee on Natural Resources reported this measure,
amended (H.Rept. 111-228). The House passed H.R. 1080 (amended) on September 22, 2009.
40 For additional information, see CRS Report R40911, Comparison of Climate Change Adaptation Provisions in S.
1733 and H.R. 2454, coordinated by Melissa D. Ho.
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Southern Sea Otter
H.R. 556 and S. 1748 establish a research program for the recovery of the southern sea otter; the
House Natural Resources Subcommittee on Insular Affairs, Oceans, and Wildlife held a hearing
on H.R. 556 on May 5, 2009. The House Committee on Natural Resources reported H.R. 556
(amended) on June 23, 2009 (H.Rept. 111-175), and the House passed this measure (amended) on
July 28, 2009.
Seals
S.Res. 84 and H.Res. 1314 urge (1) Canada to halt its commercial seal hunt and (2) other
countries to prohibit trade in seal products; on May 7, 2009, the Senate agreed to S.Res. 84 after it
had been reported by the Senate Committee on Foreign Relations.
Military Sonar
H.R. 672 restricts the use of military and national security exemptions to MMPA restrictions on
marine mammal taking.
Habitat Protection
S. 1252 amends and reauthorizes the Oceans and Human Health Act through FY2014.
Polar Bears
H.R. 5379 delists the polar bear as a threatened species under the Endangered Species Act.
NMFS Appropriations
On February 1, 2010, the Obama Administration released its FY2011 budget request, including
about $973 million for NMFS. (See Table 1.) The FY2011 request for NMFS funding within
NOAA’s Operations, Research, and Facilities (OR&F) Account was $3.238 million (0.4%) more
than funding enacted for FY2010. Total NMFS funding was proposed to decrease by $11.412
million (1.2%) from that enacted for FY2010, primarily due to a proposed reduction of $15
million for the Pacific Coastal Salmon Recovery Fund.41 On February 24, 2010, the House
Natural Resources Subcommittee on Insular Affairs, Oceans, and Wildlife held an oversight
hearing on NOAA’s FY2011 budget request. On March 3, 2010, the Senate Commerce, Science,
and Transportation Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard held an
oversight hearing on NOAA’s FY2011 budget request.
On June 12, 2009, the House Committee on Appropriations reported H.R. 2847, recommending
FY2010 appropriations of almost $916 million for NMFS (H.Rept. 111-149). The House
recommendation was about 4.2% greater than the FY2009 enacted level and about 0.5% larger
41 For more details on NMFS’s FY2011 budget request, see http://www.corporateservices.noaa.gov/nbo/
11bluebook_highlights.html.
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than the FY2010 Administration request. The House passed this measure on June 18, 2009. On
June 25, 2009, the Senate Committee on Appropriations reported (amended) H.R. 2847,
recommending FY2010 appropriations of more than $952 million for NMFS (S.Rept. 111-34).
The Senate recommendation was about 8.4% greater than the FY2009 enacted level, about 4.5%
more than the FY2010 Administration request, and about 4.0% larger than the House FY2010
recommendation. The Senate passed H.R. 2847 (amended) on November 5, 2009. A conference
report on H.R. 3288 (an omnibus measure including the material formerly in H.R. 2847) was filed
on December 8, 2009 (H.Rept. 111-366), including more than $984 million for NMFS and related
programs. President Obama signed P.L. 111-117 (H.R. 3288) into law on December 16, 2009.
Table 1. NMFS Appropriations, FY2009-FY2011
(in thousands of dollars)
FY2009
FY2010
FY2010
FY2011
Enacted
Request
Enacted
Request
Fisheries 436,320
499,949
512,097
537,263
Protected Species
173,945
243,538
201,577
210,251
Habitat Conservation
53,655
44,023
50,343
54,918
Enforcement Surveillance 90,085
103,132
106,747
105,345
Cong.-Directed Projects
33,775
SUBTOTAL (OR&F)
754,005
890,642
904,539
907,777
Procurement, Acquisition,
4,600
0
0
0
Construction
Pacific Coastal Salmon Recovery
80,000
0a
80,000
65,000
Other Accounts
35,768
21,110
0
350
TOTAL 878,974
911,752
984,539
973,127
Sources: Budget Justifications, House and Senate Committee Reports, and floor debate.
a. The Administration’s budget request proposed to transfer $50 million from species recovery grants within
NMFS to fund activities within the Pacific Coastal Salmon Recovery account.
Emergency supplemental appropriations proposed in H.R. 4899, as reported by the Senate
Committee on Appropriations on May 14, 2010 (S.Rept. 111-188), provide $5 million for
expenses related to commercial fishery failures as determined by the Secretary of Commerce in
January 2010;.$13 million for responding to economic impacts on fishermen and fishery-
dependent businesses; and $7 million for scientific investigations and sampling as a result of the
incidents related to the discharge of oil and the use of oil dispersants that began in 2010 in
connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater
Horizon. This measure was passed by the Senate, amended, on May 27, 2010.
FWS Appropriations
The FWS budget account for “fisheries and aquatic resource conservation” includes funding for
the National Fish Hatchery operations, aquatic invasive species programs, and marine mammal
programs. These programs employ about 800 individuals, located at 70 National Fish Hatcheries,
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65 Fish and Wildlife Conservation Offices, one historic National Fish Hatchery, nine Fish Health
Centers, and seven Fish Technology Centers.
On February 1, 2010, the Obama Administration released its detailed budget request for FY2011,
including about $142.5 million for FWS fisheries and aquatic resource conservation programs,
which is about $5.7 million (-3.9%) less than was enacted for FY2010. Most of the reductions in
funding occur in the line items for National Fish Hatchery operations and aquatic invasive
species. Table 2 summarizes recent fisheries and aquatic resource conservation funding for
FWS.42 On March 4, 2010, the House Natural Resources Subcommittee on Insular Affairs,
Oceans, and Wildlife held an oversight hearing on the FY2011 FWS budget.
Table 2. FWS Appropriations, FY2009-FY2011
(in thousands of dollars)
FY2009
FY2010
FY2010
FY2011
Enacted
Request
Enacted
Request
Fisheries and Aquatic
131,831
140,695
148,214
142,477
Resource Conservation
Sources: Budget justifications, House and Senate Committee Reports, and floor debate.
Author Contact Information
Eugene H. Buck
Harold F. Upton
Specialist in Natural Resources Policy
Analyst in Natural Resources Policy
gbuck@crs.loc.gov, 7-7262
hupton@crs.loc.gov, 7-2264
42 For additional details on the FY2011 budget request for fisheries and aquatic resources, see http://www.fws.gov/
budget/2011/FWS%20-%20FY11%20Greenbook%20Final%202-4-10.pdf.
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