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
September 24, 2010
Congressional Research Service
7-5700
www.crs.gov
R40172
CRS Report for Congress
P
repared for Members and Committees of Congress

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 ................................................................................................................................ 1
Commercial and Sport Fisheries.................................................................................................. 2
Background .......................................................................................................................... 2
Magnuson-Stevens Act.......................................................................................................... 5
Implementation of P.L. 109-479 ...................................................................................... 5
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 ...................................................................... 13
Energy and Water Projects............................................................................................. 13
Sport Fisheries .............................................................................................................. 14
International Relations .................................................................................................. 15
Health Care................................................................................................................... 16
Coral............................................................................................................................. 16
Invasive Species............................................................................................................ 16
Fishing Vessels.............................................................................................................. 18
Tuna ............................................................................................................................. 19
Enforcement ................................................................................................................. 19
Seafood Safety and Nutrition ........................................................................................ 20
Hypoxia and Algal Blooms ........................................................................................... 20
National Marine Sanctuaries and Monuments................................................................ 21
Chesapeake Bay............................................................................................................ 21
Marine Turtles............................................................................................................... 21
Tax Provisions .............................................................................................................. 22
Marketing ..................................................................................................................... 22
Sharks........................................................................................................................... 22
Trade ............................................................................................................................ 22
Fisheries Research Vessel.............................................................................................. 23
Native American Fisheries ............................................................................................ 23
Aquaculture .............................................................................................................................. 23
Background ........................................................................................................................ 23
Action in the 111th Congress................................................................................................ 24
Assistance..................................................................................................................... 24
National Fish Hatchery System ..................................................................................... 24
Research ....................................................................................................................... 25
Oysters ......................................................................................................................... 25
Chesapeake Bay............................................................................................................ 25
Offshore Aquaculture .................................................................................................... 26
Food Safety................................................................................................................... 26
Asian Carp.................................................................................................................... 26
Delta Smelt ................................................................................................................... 26
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Algae ............................................................................................................................ 27
Marketing ..................................................................................................................... 27
Marine Mammals ...................................................................................................................... 27
Background ........................................................................................................................ 27
Marine Mammal Protection Act Reauthorization ................................................................. 28
Additional Marine Mammal Issues in the 111th Congress..................................................... 30
Whales and Whaling ..................................................................................................... 30
Climate Change ............................................................................................................ 30
Southern Sea Otter ........................................................................................................ 30
Habitat Protection ......................................................................................................... 31
Dolphin Protection ........................................................................................................ 31
Polar Bears ................................................................................................................... 31
Seals ............................................................................................................................. 31
Military Sonar............................................................................................................... 31
NMFS Appropriations ............................................................................................................... 32
FWS Appropriations ................................................................................................................. 33

Figures
Figure 1. U.S. Commercial Fish and Shellfish Harvest, 1976-2007.............................................. 4

Tables
Table 1. NMFS Appropriations, FY2009-FY2011...................................................................... 32
Table 2. FWS Appropriations, FY2009-FY2011 ........................................................................ 34

Contacts
Author Contact Information ...................................................................................................... 34

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Fishery, Aquaculture, and Marine Mammal Issues in the 111th Congress

Most Recent Developments
On September 22, 2010, the House agreed to H.Res. 1503, expressing support for the objectives
of “National Estuaries Day” (September 25, 2010). On September 22, 2010, the House Foreign
Affairs Subcommittee on Asia, the Pacific, and the Global Environment held an oversight hearing
on renegotiating the South Pacific tuna treaty. On September 20, 2010, the Senate Committee on
Environment and Public Works reported S. 3119 (amended), including a provision authorizing
aquaculture of suspension-feeding shellfish or algae for a nutrient bioextraction pilot project in
Long Island Sound. On September 20, 2010, the Senate Committee on Commerce, Science, and
Transportation reported (1) S. 1252 (amended), amending and reauthorizing the Oceans and
Human Health Act through FY2014, and (2) S. 2871, making technical corrections to the Western
and Central Pacific Fisheries Convention Implementation Act and the Pacific Whiting Act of
2006. On September 16, 2010, the Senate Committee on Environment and Public Works reported
H.R. 4715 (amended), including a provision amending the National Estuary Program to promote
research on monitoring of pathways and ecosystems to track the introduction and establishment
of nonnative species. (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.)
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.

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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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.
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

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.
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(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.
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).
In 2009, U.S. commercial fishermen landed slightly more than 6.0 billion pounds of edible,
unprocessed fish and shellfish from combined state, federal, and international waters, worth more
than $3.7 billion at the dock.8 Imports of mostly processed products supplied 5.2 billion pounds,
worth $13.1 billion. U.S. consumers spent an estimated $75.5 billion on edible seafood in 2009,
with $50.3 billion of that amount spent in restaurants and other food service establishments. In
addition, marine recreational anglers caught an estimated 391 million fish in 2009, of which the

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/.
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 2009 are available at http://www.st.nmfs.noaa.gov/st1/fus/fus09/fus_2009.pdf.
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retained catch was about 212 million pounds.9 In 2006, a nationwide survey estimated that
recreational anglers spent more than $40 billion each year pursuing their sport.10
Figure 1. U.S. Commercial Fish and Shellfish Harvest, 1976-2007

Source: NMFS, Fisheries of the United States (various years), Current Fishery Statistics series.
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

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
(continued...)
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FSSI of 920, this index of success in curbing overfishing has increased from 481.5 (third quarter
of calendar year 2005) to 580.5 (second 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;
• 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,

(...continued)
http://www.nmfs.noaa.gov/sfa/statusoffisheries/2010/second/q2_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.
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.
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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. 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. 3594 amends the MSFCMA to (1) modify conditions
under which certain fish may be harvested in a multispecies fishery where other
species are overfished, (2) establish an economic assistance program for
recreational and commercial fishery participants, fishing industries, and fishing
communities significantly affected by a prohibition on the retention of stocks to
end or prevent overfishing or rebuild overfished stocks, (3) clarify emergency
authority, and (4) require additional fishery studies and reports.
• 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
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. 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.

20 74 Federal Register 3178-3213, January 16, 2009.
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• 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, and June 30, 2010, the House Committee on Natural Resources held
hearings on this measure. On July 28, 2010, the House Committee on Natural
Resources reported (amended) this measure (H.Rept. 111-575). The House
passed this measure on July 30, 2010, after amending this bill to remove the
aquaculture provision.
• 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. 1609 and H.R. 3910 authorize a single fisheries cooperative for the Bering Sea
Aleutian Islands longline catcher processor subsector for Pacific cod. On July 27,
2010, the House Natural Resources Subcommittee on Insular Affairs, Oceans,
and Wildlife held a hearing on H.R. 3910. On August 5, 2010, the Senate
Committee on Commerce, Science, and Transportation reported S. 1609 (S.Rept.
111-250).
• 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. 5668 amends the MSFCMA to require the use of sums received as fines,
penalties, and forfeitures of property for violations of that act or other marine
resource laws to be used to reduce the federal deficit and debt. H.R. 6075 amends
the MSFCMA to require payment of costs, fees, and expenses incurred by
prevailing parties in proceedings under the MSFCMA from sums received as
fines, penalties, and forfeitures.
• 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.
• S. 918/H.R. 3270 amend the MSFCMA to add New York to the New England
Fishery Management Council.
• H.R. 1379 prohibits the commercial harvesting of Atlantic striped bass in coastal
waters and the EEZ.
• H.R. 5180 establishes an ombudsman office within NMFS; the House Natural
Resources Subcommittee on Insular Affairs, Oceans, and Wildlife held a hearing
on this bill on July 27, 2010.
• Section 4 of H.R. 5863 prohibits the approval of oil and gas exploration and/or
development/production plans unless the Secretary certifies MSFCMA
compliance; in addition, Section 5 would require consultation for any of these oil
and gas activities for their potential effect on fish habitat in federal waters.
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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.
• 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).
• 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.
• 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 June 9, 2010, the Senate Committee on Commerce,
Science, and Transportation ordered S. 817 reported.
• 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.
• 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.
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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. 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.
• S. 3337 and Section 10 of S. 3763 provide 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.
• 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. 4914 and S. 3528 promote coastal jobs creation in activities that promote
sustainable fisheries and fishing communities and revitalize waterfronts. On July
27, 2010, the House Natural Resources Subcommittee on Insular Affairs, Oceans,
and Wildlife held a hearing on H.R. 4914.
• Section 9 of H.R. 5676 would amend the Oil Pollution Act of 1990 to treat
fishermen as a separate category in processing claims for loss of income.
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.
On July 27, 2010, the Senate Environment and Public Works Subcommittee on Water and
Wildlife held an oversight hearing to assess the natural resource damages resulting from the BP
Deepwater Horizon disaster. 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
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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
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 prohibits oil and gas leasing on the outer continental shelf off the
Florida coast. H.R. 5607 prohibits oil and gas leasing in the North Atlantic
Planning Area.
• 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).
• S. 1252 amends and reauthorizes the Oceans and Human Health Act through
FY2014; on September 20, 2010, the Senate Committee on Commerce, Science,
and Transportation reported (amended) this measure (S.Rept. 111-296). 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 July 28, 2010, the House Committee
on Natural Resources reported (amended) H.R. 3534 (H.Rept. 111-575), and the
House passed this amended measure on July 30, 2010. 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. 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. 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).
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• 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. Title VIII of H.R. 3534, as reported by the Committee on Natural
Resources on July 28, 2010, establishes a Gulf of Mexico Restoration Program
(H.Rept. 111-575, Part I). The House passed H.R. 3534, amended, on July 30,
2010, with the Restoration Program in Title V.
• 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
June 9, 2010, the Senate Energy and Natural Resources Subcommittee on Water
and Power held a hearing on S. 3387.
• Section 106 of S. 684, Section 208 of S. 3597, and Section 627 of S. 3663
authorize 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. S. 3597 seeks to
improve the ability of the National Oceanic and Atmospheric Administration, the
Coast Guard, and coastal states to sustain healthy ocean and coastal ecosystems
relative to oil spills; the Senate Committee on Commerce, Science, and
Transportation ordered this measure reported (amended) on July 27, 2010.
• 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.
• 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.Res. 247 and H.Res. 710 express 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.Res. 596
designates September 25, 2010, as “National Estuaries Day”; the Senate agreed
to this measure on August 3, 2010; H.Res. 1503 expresses support for the
objectives of “National Estuaries Day” (September 25, 2010); the House agreed
to H.Res. 1503 on September 22, 2010.
• 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. 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.Res. 1458 celebrates the diversity of marine fisheries and the biological
richness of marine ecosystems.
• A number of bills in the 111th Congress address various water quality and
aquatic/marine ecosystem restoration issues more generally; for more
information on these issues, see CRS Report R40098, Water Quality Issues in the
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111th Congress: Oversight and Implementation, by Claudia Copeland, and CRS
Report RL34329, Crosscut Budgets in Ecosystem Restoration Initiatives:
Examples and Issues for Congress
, by Pervaze A. Sheikh and Clinton T. Brass.
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 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.
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. S. 3641 establishes a
National Endowment for the Oceans, authorizing funding for analyses 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
June 9, 2010, the House failed to agree to this measure under suspension of the
rules.
• 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.
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.

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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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. Section 3001(a)(4) of P.L. 111-227 extends the temporary suspension of duty on lug-
bottom boots for use in fishing waders.
Several bills contain provisions related to sport and recreational fisheries:
• 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.
• 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. On August 5, 2010,
the Senate Committee on Energy and Natural Resources ordered this bill
reported, amended.
• 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.
• 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.
• H.R. 5672 protects the use of traditional fishing equipment on federal lands and
prevents certain restrictions on the implements and equipment used by fishing
communities.
• 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.
• As amended and passed by the House on May 28, 2010, Section 1067 of H.R.
5136 expresses the sense of Congress regarding recreational fishing on military
installations.
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• H.Res. 1282 expresses the sense of the House of Representatives that the
promotion of recreational fishing and boating should be a national priority.
• 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.
• H.R. 3749 and S. 1770 seek to promote opportunities for recreational fishing,
hunting, and shooting on federal public lands. On July 30, 2010, the House
passed H.R. 3534, amended to include Section 403(a) requiring that at least 1.5%
of the Land and Water Conservation Fund each year be expended toward
securing recreational public access to federal lands under the jurisdiction of the
Secretary of the Interior for hunting, fishing, and other outdoor recreation.
• H.R. 1379 prohibits the commercial harvesting of Atlantic striped bass in coastal
waters and the EEZ. H.R. 6092 amends the Atlantic Striped Bass Conservation
Act to allow recreational fishing for Atlantic striped bass in the Block Island
Sound transit zone.
International Relations
P.L. 111-117 appropriated funds for international fisheries commissions at $53.976 million for
FY2010. On July 14, 2010, the Senate Finance Subcommittee on International Trade, Customs,
and Global Competitiveness held an oversight hearing on “Marine Wealth: Promoting
Conservation and Advancing American Exports.” 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 (IUU) 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; on September 20, 2010, the Senate Committee on Commerce, Science, and Transportation
reported this measure (S.Rept. 111-297). Section 110 of S. 2971 amends the Fishermen’s
Protective Act to extend the period for reimbursement of seized commercial fishermen through
FY2013; on April 27, 2010, the Senate Committee on Foreign Relations ordered this measure
reported (amended). Section 101(b)(3) of S. 3508/H.R. 4959 direct that a comprehensive plan of
action under an International Conservation Strategy consider increased surveillance and
enforcement to address IUU fishing in ten developing countries where fish stocks are severely
depleted and regional fishing economies are threatened. On July 29, 2010, the Senate Committee
on Appropriations reported S. 3676, providing $51.5 million for international fisheries
commissions for FY2011 (S.Rept. 111-237). H.Res. 1608 condemns the detainment of a South
Korean fishing vessel by North Korea. On September 22, 2010, the House Foreign Affairs
Subcommittee on Asia, the Pacific, and the Global Environment held an oversight hearing on
renegotiating the South Pacific tuna treaty.
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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
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, Section 132(a) of H.R. 4529, and Section
501(a) of H.R. 5421 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. 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. Title IX of S.
3663 amends the Coral Reef Conservation Act of 2000 to clarify prohibited
activities and enforcement.
• 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. 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).
• 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.R. 4914 and S. 3528 promote coastal jobs creation in activities that implement
local strategies developed by state or federal agencies to conserve coral reef
ecosystems. On July 27, 2010, the House Natural Resources Subcommittee on
Insular Affairs, Oceans, and Wildlife held a hearing on H.R. 4914.
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

27 For additional background on Asian carp, see CRS Report R41082, Asian Carp and the Great Lakes Region, by
(continued...)
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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. On July 14, 2010, the Senate Energy and Natural Resources
Subcommittee on Water and Power held an oversight hearing to examine the federal response to
the discovery of Asian carp in Lake Calumet, Illinois. In addition, a number of bills were
introduced with provisions relating to invasive species issues.
• 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. 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. H.R. 5625 and S. 3553 require
the Army Corps of Engineers to provide a study of how to separate the Great
Lakes and Mississippi River Basins, to be completed in 18 months; to identify
modes of shipping that would not compromise hydrological separation; and to
detail the environmental benefits and costs of options for achieving hydrological
separation. Section 3013 of H.R. 5892 amends the authorization for the Chicago
Sanitary and Ship Canal dispersal barriers.
• 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
June 21, 2010, the committee reported (amended) this bill (S.Rept. 111-211).
• Title I of H.R. 500/S. 237 amends the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 to require vessels to have aquatic invasive
species plans for ballast water management; 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 address
invasive species concerns. Section 7(a) of S. 3566 would authorize the Maritime
Administration to establish a Green Ships Program to identify, evaluate,
demonstrate, or improve technologies for control of aquatic invasive species.
• 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 2(g) of H.R. 4715, as amended in and passed by the House on April 15,
2010, amends the National Estuary Program to promote research on monitoring

(...continued)
Eugene H. Buck et al.
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of pathways and ecosystems to track the introduction and establishment of
nonnative species. On September 16, 2010, the Senate Committee on
Environment and Public Works reported (amended) this measure (S.Rept. 111-
293).
• 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 103(b) of H.R. 3481 gives priority to funding projects that monitor the
distribution of or study means of reducing or eliminating quagga mussels in the
Lower Colorado River.
• S. 3073 would prioritize funding non-federal partners in a Great Lakes
Restoration Initiative for invasive species prevention and mitigation and
restoration of invasive species impacts.
Fishing Vessels
P.L. 111-215 (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.
Several bills relate to commercial fishing vessels:
• 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 on October 23, 2009, amended to
include language in Section 1324 extending 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
4, 2009, the House Natural Resources Subcommittee on Insular Affairs, Oceans,
and Wildlife held a hearing on this measure.
• S. 532 amends the Internal Revenue Code to provide a business credit against
income for the purchase of fishing safety equipment.
• S. 3276 provides for an election to terminate certain Capital Construction funds
without penalty.
• Section 2 of S. 3755 makes certain claims for personal injury or wrongful death
on fishing vessels subject to the limitation in the amended Limitation of
Shipowners’ Liability Act of 1851; Section 4(c) of this bill specifies that
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amendments to the Death on the High Seas Act are inapplicable to fishing
vessels.
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.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.
H.Res. 1420 expresses the sense of the House urging parties to CITES to adopt
stronger protections for bluefin tuna at the 16th meeting of the Conference of the
Parties in 2013.
• 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.
• 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. S. 2871 makes technical corrections
to the Western and Central Pacific Fisheries Convention Implementation Act; on
September 20, 2010, the Senate Committee on Commerce, Science, and
Transportation reported this measure (S.Rept. 111-297).
• 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.
• 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.
• On September 22, 2010, the House Foreign Affairs Subcommittee on Asia, the
Pacific, and the Global Environment held an oversight hearing on renegotiating
the South Pacific tuna treaty.
Enforcement
Section 4(b) of P.L. 111-207 (H.R. 3360) combines separate Coast Guard reports on fisheries
enforcement plans and foreign fishing incursion into a single report. On March 2, 2010, the
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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. H.R. 5668 amends the MSFCMA to require the use of sums received as fines, penalties,
and forfeitures of property for violations of that act or other marine resource laws to be used to
reduce the federal deficit and debt. Section 4 of H.R. 5770 requires a Coast Guard assessment of
the need for additional prevention and response capability, including fisheries enforcement, in the
high-latitude regions.
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
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; on September 20, 2010, the
Senate Committee on Commerce, Science, and Transportation reported (amended) this measure
(S.Rept. 111-296). 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. Section 2(b)(5) of S. 3569 and Section 611(d)(2)(E) of S. 3663
require NOAA to review the effect of subsea hydrocarbons on seafood safety; in addition, Section
623 of S. 3663 revises requirements and guidance for opening and closing fishing grounds
following an oil spill. Section 2 of H.R. 6017 establishes a Gulf Coast Health Monitoring and
Research Program, including a focus on the safety of Gulf Coast seafood.
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
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(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 20, 2010, the Senate Committee on Commerce,
Science, and Transportation reported (amended) this measure (S.Rept. 111-296). 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.
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).
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.
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.
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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, H.R. 5142, and
Section 503 of S. 3601 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.
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).
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). H.Res. 1420 expresses the sense of the House urging parties
to the Convention on International Trade in Endangered Species of Wild Fauna and Flora to adopt
stronger protections for sharks at the 16th meeting of the Conference of the Parties in 2013.
Trade
On July 14, 2010, the Senate Finance Subcommittee on International Trade, Customs, and Global
Competitiveness held an oversight hearing on “Marine Wealth: Promoting Conservation and
Advancing American Exports.” 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; the House passed H.R. 4380 on July 21, 2010. H.R. 5804 and S. 3812 prohibit all trade
in certain billfish, excluding swordfish.

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.
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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.
Native American Fisheries
H.R. 5672 protects the use of traditional fishing equipment on federal lands and prevents
unnecessary and unwarranted restrictions on the implements and equipment used by fishing
communities.
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
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

29 For more background information, see CRS Report RL32694, Open Ocean Aquaculture, by Harold F. Upton and
Eugene H. Buck, and out-of-print CRS Report 97-436, Aquaculture and the Federal Role, by Geoffrey S. Becker and
Eugene H. Buck, available from the author at gbuck@crs.loc.gov.
30 For statistics on freshwater production, see http://www.agcensus.usda.gov/Publications/2002/Aquaculture/index.asp.
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
(continued...)
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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. P.L. 111-205 (H.R. 4213) became law after
Senate action deleted a provision that provided emergency disaster assistance to aquaculture
producers for losses associated with high feed input costs during the 2009 calendar year. 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. Section 106 of S. 684, Section 208 of S. 3597, and Section 627 of S. 3663
authorize 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.
S. 3337 and Section 10 of S. 3763 provide 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

(...continued)
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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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; on January 21, 2010, the Senate Committee on Indian Affairs reported (amended)
S. 313, eliminating the hatchery provisions while authorizing the WMAT Settlement Fund for use
in fish production, including hatcheries (S.Rept. 111-119). On January 12, 2010, the House
Committee on Natural Resources reported (amended) H.R. 1065, eliminating the hatchery
provisions while authorizing the WMAT Settlement Fund for use in fish production, including
hatcheries (H.Rept. 111-391); the House passed this amended measure on January 21, 2010.
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. H.R. 6115 and S. 3781 direct the Secretary
of the Interior to convey the McKinney Lake National Fish Hatchery to the State of North
Carolina.
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. S. 3606, reported by the Senate Committee on Appropriations on July 15, 2010 (S.Rept.
111-221), provides $3.928 million for regional aquaculture centers, $6.57 million for aquaculture
pest and disease management, and $4.245 million in congressionally directed appropriations for
aquaculture research and development (including $500,000 for viral hemorrhagic septicemia and
$465,000 for cormorant control) for FY2011. As reported (amended) by the Senate Committee on
Environment and Public Works on September 20, 2010 (S.Rept. 111-298), Section 4 of S. 3119
authorizes aquaculture of suspension-feeding shellfish or algae for a nutrient bioextraction pilot
project in Long Island Sound.
Oysters
Section 124 of Title I, P.L. 111-88 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 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. 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.
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
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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. On July 28, 2010, the House Committee on Natural Resources reported (amended) H.R.
3534 (H.Rept. 111-575); the House passed this measure on July 30, 2010, after further
amendment to remove the aquaculture provision. 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, the committee reported this measure (S.Rept.
111-181).
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.

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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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.
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
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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
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

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.
38 For more background and information on the 1994 amendments, see out-of-print 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.
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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. No bills have been introduced in the 111th Congress to
reauthorize the MMPA.40 In the 111th Congress, a number of bills have been introduced proposing
to amend the MMPA:
• 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.
• 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).
• Section 4 of H.R. 5863 prohibits the approval of oil and gas exploration and/or
development/production plans unless the Secretary certifies MMPA compliance;
Section 6 of this measure requires the Secretary to consider cumulative effects on
marine mammal stocks and their subsistence use. Section 101 of H.R. 5899
declares that the draft OCS leasing program for 2010-2015 fully complies with
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.
• 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.

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.
40 For background on possible reauthorization issues, see CRS Report RL30120, The Marine Mammal Protection Act:
Reauthorization Issues
, by Eugene H. Buck.
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• H.R. 4914 and S. 3528 promote coastal jobs creation in activities including
cooperative research to collect data to improve, supplement, or enhance marine
mammal stock assessments. On July 27, 2010, the House Natural Resources
Subcommittee on Insular Affairs, Oceans, and Wildlife held a hearing on H.R.
4914.
• H.R. 2029 authorizes the Marine Mammal Commission to establish a national
research program to fund basic and applied research on marine mammals.
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.41 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).
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

41 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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July 28, 2009. On June 9, 2010, the Senate Committee on Commerce, Science, and
Transportation ordered S. 1748 reported (amended).
Habitat Protection
S. 1252 amends and reauthorizes the Oceans and Human Health Act through FY2014; on
September 20, 2010, the Senate Committee on Commerce, Science, and Transportation reported
(amended) this measure (S.Rept. 111-296). S. 3584 directs NOAA to research oil spill prevention
and response in the Arctic waters, including assessment of impacts on Arctic marine mammals,
marine debris research and removal, and risk assessment. S. 3597 seeks to improve the ability of
the National Oceanic and Atmospheric Administration, the Coast Guard, and coastal states to
sustain healthy ocean and coastal ecosystems relative to oil spills; the Senate Committee on
Commerce, Science, and Transportation ordered this measure reported (amended) on July 27,
2010. Section 225 of H.R. 3534, as passed by the House on July 30, 2010, and Section 6 of H.R.
5863 amend the Outer Continental Shelf Lands Act to require an assessment of the cumulative
impacts of OCS oil and gas exploration and development on marine mammal stocks and
subsistence use.
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.
Polar Bears
H.R. 5379 delists the polar bear as a threatened species under the Endangered Species Act. H.Res.
1420 expresses the sense of the House urging parties to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora to adopt stronger protections for the polar bear at
the 16th meeting of the Conference of the Parties in 2013.
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.
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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.42 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 July 22, 2010, the Senate Committee
on Appropriations reported S. 3636, recommending about $909 million for NMFS within
NOAA’s OR&F Account for FY2011 (S.Rept. 111-229); the Senate Committee recommendation
is $4.49 million (+0.5%) more than the FY2010 appropriation and $1.252 million (+0.1%) more
than the FY2011 Administration request. The Senate Committee recommended that total NMFS
funding be increased by $4.84 million (+0.5%) from that enacted for FY2010.
Table 1. NMFS Appropriations, FY2009-FY2011
(in thousands of dollars)
FY2010
FY2010
FY2011
FY2011

Request
Enacted
Request
S.Rept.
Fisheries
499,949
512,097
537,263 536,744
Protected Species
243,538
201,577
210,251 213,632
Habitat Conservation
44,023
50,343
54,918 52,443
Enforcement Surveillance
103,132
106,747
105,345 106,210
Cong.-Directed Projects

33,775


SUBTOTAL (OR&F)
890,642
904,539
907,777 909,029
Procurement, Acquisition,
0
0
0 0
Construction
Pacific Coastal Salmon Recovery
0a
80,000
65,000 80,000
Other Accounts
21,110
0
350 350
TOTAL
911,752
984,539
973,127 989,379
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.
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
than the FY2010 Administration request. The House passed this measure on June 18, 2009. On

42 For more details on NMFS’s FY2011 budget request, see http://www.corporateservices.noaa.gov/nbo/
11bluebook_highlights.html.
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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 into law on December 16, 2009.
P.L. 111-212 (emergency supplemental appropriations; H.R. 4899) provided (1) $5 million for
expenses related to commercial fishery failures as determined by the Secretary of Commerce in
January 2010; (2) $13 million for responding to economic impacts on fishermen and fishery-
dependent businesses; (3) $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 in 2010 after the explosion
and sinking of the mobile offshore drilling unit Deepwater Horizon; (4) $15 million for fisheries
disaster relief under Section 312 of the MSFCMA related to a fishery resource disaster in the Gulf
of Mexico that resulted from the Deepwater Horizon oil discharge; (5) $10 million to conduct an
expanded stock assessment of the fisheries of the Gulf of Mexico; and (6) $1 million for the
National Academy of Sciences to study of the long-term ecosystem service impacts of the
Deepwater Horizon oil discharge.
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,
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.43 On March 4, 2010, the House Natural Resources Subcommittee on Insular Affairs,
Oceans, and Wildlife held an oversight hearing on the FY2011 FWS budget.

43 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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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


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