Fishery, Aquaculture, and Marine Mammal Legislation in the 107th Congress

Fishery, Aquaculture, and Marine Mammal Legislation in the 107th Congress

Order Code IB10074
Issue Brief for Congress
Received through the CRS Web
Fishery, Aquaculture, and Marine Mammal
Legislation in the 107th Congress
Updated January 6, 2003
Eugene H. Buck
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress

CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
Commercial and Sport Fisheries: Background and Issues
Magnuson Act Reauthorization
Pacific Salmon
Other Miscellaneous Issues
Aquaculture: Background and Issues
Miscellaneous Issues
Marine Mammals: Background and Issues
Marine Mammal Protection Act Reauthorization
Other Miscellaneous Issues
NOAA Fisheries Appropriations
LEGISLATION

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Fishery, Aquaculture, and Marine Mammal Legislation
SUMMARY
Fish and marine mammals are important
ing of pouched and canned salmon harvested
resources in the open ocean and nearshore
and processed in the United States; authorized
coastal areas. A diverse body of laws and
a feasibility study of fish passage at Chiloquin
regulations guides the management of these
Dam, OR; authorized the waiver of state
resources by a multitude of federal agencies.
fishing regulations at military facilities; ex-
tended the interstate compact relating to At-
Reauthorization of major legislation in
lantic salmon restoration for 20 years; ex-
this issue area — the Magnuson-Stevens
tended Coast Guard fishing vessel safety
Fishery Conservation and Management Act
programs; and extended priorities for National
(MSFCMA) and the Marine Mammal Protec-
Sea Grant College Program competitive grant
tion Act (MMPA) — was on the agenda of the
awards.
107th Congress, since the authorization of
appropriations for both laws expired at the end
Aquaculture — the farming of fish,
of FY1999. In the 107th Congress,
shellfish, and other aquatic animals and plants
reauthorization bills were introduced in the
in a controlled environment — is expanding
House — H.R. 2570 and H.R. 4749 on the
rapidly, both in the United States and abroad.
MSFCMA, and H.R. 4781 on the MMPA, and
In the United States, important species cul-
oversight hearings were held in both Cham-
tured include catfish, salmon, crawfish, shell-
bers. H.R. 4749 was reported to the House,
fish, and trout. Legislation related to
while H.R. 4781 was marked up in Subcom-
aquaculture enacted by the 107th Congress
mittee.
extended authorization for aquaculture re-
search facilities, reauthorized the National
Commercial and sport fishing are jointly
Aquaculture Act, defined what fish may be
managed by the federal government and indi-
labeled and advertized as catfish, and required
vidual states. Beyond state jurisdiction and
the labeling of both farm-raised and wild fish
out to 200 miles, the federal government
as to country of origin and to distinguish
manages fisheries under the authority of the
between wild and farm-raised fish.
MSFCMA through the actions of eight re-
gional fishery management councils. Beyond
Marine mammals are protected under the
200 miles, the United States participates in a
MMPA. This Act authorizes restricted use
multitude of international agreements relating
(“take”) of marine mammals and addresses
to specific areas or species.
specific situations of concern, such as dolphin
mortality primarily associated with the eastern
Legislation related to commercial and
tropical Pacific tuna fishery.
sport fisheries enacted by the 107th Congress
provided funding for capacity reduction pro-
Legislation enacted by the 107th Congress
grams for New England fisheries; modified
related to marine mammals required the Na-
terms of the American Fisheries Act; extended
tional Park Service to prepared an environ-
state authority to manage West Coast Dunge-
mental impact statement on vessel entries to
ness crab; required a report on efforts to ex-
Glacier Bay National Park to assess possible
pand the promotion, marketing, and purchas-
impacts on whale populations.
Congressional Research Service ˜ The Library of Congress

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MOST RECENT DEVELOPMENTS
On December 19, 2002, President Bush signed H.R. 4883 (miscellaneous fisheries
reauthorizations, NOAA’s Chesapeake Bay Program office, emergency towing of subsistence
whales) and H.R. 5099 (endangered fish recovery implementation programs for the Upper
Colorado and San Juan River Basins) into law as P.L. 107-372 and P.L. 107-375,
respectively. On November 26, 2002, President Bush signed H.R. 3389 into law as P.L. 107-
299 (National Sea Grant College Program competitive grant priorities). On November 25,
2002, President Bush signed S. 1214 into law as P.L. 107-295 (Coast Guard fishing vessel
safety). (Members and staff may request e-mail notification of new CRS reports in the areas
of marine and freshwater fisheries, aquaculture, and marine mammal issues by contacting
gbuck@crs.loc.gov and requesting to be added to his notification list.)
BACKGROUND AND ANALYSIS
Commercial and Sport Fisheries:
Background and Issues
Historically, coastal states managed marine sport and commercial fisheries in nearshore
waters, where most seafood was caught. However, as fishing techniques improved,
fishermen ventured farther offshore. The enactment of the Fishery Conservation and
Management Act (FCMA) in 1976 (later renamed the Magnuson Fishery Conservation and
Management Act after the late Senator Warren G. Magnuson, and more recently the
Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA)
[http://www.nmfs.noaa.gov/sfa/magact/] after Senator Ted Stevens) ushered in a new era of
federal marine fishery management. Under this Act, 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 NOAA Fisheries (formerly the National Marine Fisheries Service)
[http://www.nmfs.noaa.gov/] within the National Oceanic and Atmospheric Administration
(NOAA) of the Department of Commerce.
Eight Regional Fishery Management Councils (FMCs) were created by the FCMA
[http://www.nmfs.noaa.gov/councils/]. FMC members are appointed by the Secretary of
Commerce from candidates knowledgeable of fishery resources, nominated by coastal state
Governors. The FMCs prepare fishery management plans (FMPs) for those fisheries that
they determine require active federal management. After public hearings, revised FMPs are
submitted to the Secretary of Commerce for approval. Approved plans are implemented
through regulations published in the Federal Register. Individual states manage marine
fisheries in inshore and coastal waters (generally within 3 miles of the coast). 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-
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registered vessels under state regulations consistent with any existing federal FMP when
fishing in inshore state waters and, in the absence of a federal FMP, wherever they fish.
Magnuson Act Reauthorization
Background. The MSFCMA was last reauthorized in 1996 by P.L. 104-297, the
Sustainable Fisheries Act [http://www.nmfs.noaa.gov/sfa/]; authorization for appropriations
expired on September 30, 1999. The 1996 amendments established fish conservation
initiatives directing NOAA Fisheries and regional councils to protect essential fish habitat,
minimize incidental fish bycatch, and restore overfished stocks. In addition, a host of
modifications to regional council management procedures and federal management policy
were enacted. NOAA Fisheries contends that implementation of the 1996 amendments has
met many of the Act’s objectives [http://www.publicaffairs.noaa.gov/releases99/jan99/
noaa99-4.html]; fishing industry and environmental groups have criticized NOAA Fisheries
and regional council implementation efforts. While environmental groups have expressed
concerns that NOAA Fisheries and regional councils have not been as responsive as needed
on conservation measures, fishing industry representatives are concerned that too stringent
an application of conservation measures may cripple commercial fishing and bankrupt many
fishermen.
Congressional Action. At issue for the 107th Congress were the terms and
conditions of provisions designed to reauthorize and amend the MSFCMA to address the
concerns of various interest groups. For additional information on reauthorization issues in
the 107th Congress, see CRS Report RL30215, The Magnuson-Stevens Fishery Conservation
and Management Act: Reauthorization Issues for the 107th Congress. In September 2002,
CRS prepared a side-by-side comparison of House and Senate language proposing to amend
the MSFCMA in the 107th Congress as a congressional distribution memorandum.
Hearings. On January 16, 2001, the Senate Committee on Commerce, Science, and
Transportation held a field hearing in Newport, OR, on the decline of the west coast
groundfish fishery. On April 4, 2001, the House Resources Subcommittee on Fisheries
Conservation, Wildlife, and Oceans held an oversight hearing on implementation of the
Sustainable Fisheries Act and the Reauthorization of the MSFCMA. On May 2, 2001, the
Senate Commerce Subcommittee on Oceans and Fisheries held a hearing on S. 637 and
individual fishing quota (IFQ) systems. On May 10, 2001, the House Resources
Subcommittee on Fisheries Conservation, Wildlife, and Oceans held an oversight hearing
on capacity reduction programs, federal investments in fisheries, and reauthorization of the
MSFCMA. On June 14, 2001, the House Resources Subcommittee on Fisheries
Conservation, Wildlife, and Oceans held an oversight hearing on ecosystem-based fishery
management. On July 19, 2001, the House Resources Subcommittee on Fisheries
Conservation, Wildlife, and Oceans held a hearing on the Western Alaska and Western
Pacific Community Development Quota Programs and on H.R. 553. On August 2, 2001, the
House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans held a
hearing on H.R. 1367, authorizing actions to conserve and rebuild overfished stocks of
Atlantic highly migratory species. On December 11, 2001, the House Resources
Subcommittee on Fisheries Conservation, Wildlife, and Oceans held an oversight field
hearing in Ocean City, MD, on cooperative research issues as they affect reauthorization of
the MSFCMA. On February 13, 2002, the House Resources Subcommittee on Fisheries
Conservation, Wildlife, and Oceans held an oversight hearing on individual fishing quotas.
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On May 2, 2002, the House Resources Subcommittee on Fisheries Conservation, Wildlife,
and Oceans held an oversight hearing on proposed draft legislation to amend the Magnuson-
Stevens Act. On May 9, 2002, the Senate Commerce Subcommittee on Oceans,
Atmosphere, and Fisheries held an oversight hearing on management issues facing
NMFS/NOAA Fisheries. On May 23, 2002, the House Resources Subcommittee on
Fisheries Conservation, Wildlife, and Oceans held a hearing on marine protected areas as a
fishery management tool. On September 26, 2002, the House Resources Subcommittee on
Fisheries Conservation, Wildlife, and Oceans held a hearing on H.Con.Res. 427, regarding
sanctions by the International Commission for the Conservation of Atlantic Tunas on nations
undermining the effectiveness of conservation and management measures for Atlantic
marlin.
Bills. H.R. 2570 and H.R. 4749 were the only bills introduced in the 107th Congress
proposing reauthorization and extensive amendment of the MSFCMA; the House Resources
Committee reported H.R. 4749 (amended) on October 11, 2002 (H.Rept. 107-746). Other
bills dealt with single issues — H.R. 108 proposed a moratorium on bottom trawling and the
use of other mobile fishing gear on the seabed in certain areas off the coasts of the United
States. H.R. 470 would have prohibited commercial harvesting of striped bass. H.R. 553
would have modified the western Alaska community development quota program. On July
19, 2001, the House Resources Subcommittee on Fisheries Conservation, Wildlife, and
Oceans held a hearing on H.R. 553. H.R. 644 would have approved a governing
international fishery agreement with Estonia. H.R. 1367 would have authorized actions to
conserve and rebuild overfished stocks of Atlantic highly migratory species; the House
Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans held a hearing on
H.R. 1367 on August 2, 2001. S. 637 would have authorized individual fishery quota (IFQ)
systems. S. 973 and H.R. 2376 would have expedited assistance to address the commercial
fishery failure in the Pacific Coast groundfish fishery. H.R. 2673 would have amended the
MSFCMA to prohibit offering for sale, selling, or purchasing shark fins. H.R. 4003 and S.
2593 would have prohibited certain types of bottom trawling gear. H.R. 4618 would have
prohibited pelagic longline fishing in the EEZ off the Pacific coast. H.R. 4895 would have
established an NMFS/NOAA Fisheries program for pelagic longline highly migratory species
bycatch and mortality reduction research. H.R. 5595 would have provided direction to the
Secretary of Commerce on appointing members to the Marine Protected Areas Advisory
Committee. H.Con.Res. 427 expressed congressional interest in increased attention to
international aspects of Atlantic marlin management. H.R. 5030 would have modified the
definition of essential fish habitat. S. 2627 would have prohibited gillnet fisheries offshore
of Georgia. S. 1314, H.R. 3104, and H.R. 3547 would have limited the federal government’s
ability under the Magnuson Act to promulgate regulations that would close areas to
recreational fishing. S. 2972 would have established a national cooperative research and
management program. S. 3110 would have required further study before amendment 13 to
the New England Council’s Northeast Multispecies (groundfish) Management Plan was
implemented. No action was taken on any of these measures.
On November 20, 2002, the Senate passed an amended H.R. 1989, inserting language
to 1) require a Department of Commerce report on overcapacity in 20 U.S. fisheries, 2)
establish a capacity reduction program for West Coast groundfish and capacity reduction
planning for New England groundfish, 3) authorize Secretarial flexibility in extending
rebuilding times for overfished stocks; 4) review of NOAA Fisheries data collection and
assessment; 5) authorize cooperative enforcement agreements and fisheries outreach and
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training, 6) create a national cooperative research and management program, 7) authorize
cooperative marine education and research and certain Gulf of Mexico Council matters, and
8) modify foreign fishing restrictions to permit fishing by Canadian albacore tuna vessels.
No further action was taken on this measure.
P.L. 107-171 included §10107 appropriating “such sums as are necessary” to support
a voluntary fishing capacity reduction program for the New England multispecies
commercial fishery, within one year of this measure’s enactment. P.L. 107-206 included 1)
language to make Fisheries Finance Program Account funds available to subsidize gross
obligations for the principal amount of direct loans not to exceed $5,000,000 for Individual
Fishing Quota loans, and not to exceed $19,000,000 for traditional loans; 2) $11 million in
economic assistance to New England fishermen and fishing communities (§210); 3) $5
million of direct economic assistance to New England fishermen and communities to support
port security (§211); and 4) a $0.5 million loan guarantee for a $50 million capacity
reduction program for the West Coast groundfish fishery (§212). Section 802 of S. 3018
would have disregarded any payments relating to the West Coast groundfish fishery under
P.L. 106-246 from any accounting for eligibility purposes for benefits or assistance under
federal programs; no further action was taken on this measure.
Section 2202 of P.L. 107-20 (H.R. 2216, FY2001 Supplemental Appropriations)
amended the American Fisheries Act (AFA) to alter provisions relating to the applicability
of U.S. ownership standards to banks holding commercial fishing vessel mortgages. P.L.
107-77 extended state authority to manage the West Coast Dungeness crab fishery through
FY2006 (§624(a)) and amended the AFA to delete a sunset provision and make permanent
a prohibition on direct pollock fishing by non-AFA catcher/processors (§211). In addition,
§205 of P.L. 107-117 amended the AFA, making the entire $100 million for the fishing
capacity reduction program available as a loan under Title XI of the Merchant Marine Act,
1936. Section 5603 of H.R. 5569 would have deleted the sunset provision on state authority
to manage the West Coast Dungeness crab fishery; no action was taken on this measure.
Pacific Salmon
Background. Five species of salmon spawn in Pacific coastal rivers and lakes, after
which juveniles migrate to North Pacific ocean waters where they mature. Since these fish
may cross several state and national boundaries during their life spans, management is
complicated. Threats to salmon include hydropower dams blocking rivers and creating
reservoirs, sport and commercial harvest, habitat modification by competing resource
industries and human development, and hatcheries seeking to supplement natural production
but sometimes unintentionally causing genetic or developmental concerns. In response to
declining salmon populations in Washington, Oregon, Idaho, and California, discrete
population units have been listed as endangered or threatened species under the Endangered
Species Act. For background on this issue, see CRS Report 91-267 ENR, Pacific Salmon
and Steelhead: Potential Impacts of Endangered Species Act Listings, CRS Report 98-666
ENR, Pacific Salmon and Anadromous Trout: Management Under the Endangered Species
Act, and CRS Issue Brief IB10072, Endangered Species: Difficult Choices.
Congressional action. H.R. 1157 and S. 1825 would have authorized the Secretary
of Commerce to provide financial assistance to Alaska, Washington, Oregon, California, and
Idaho for salmon habitat restoration projects. H.R. 1157 was reported on June 12, 2001
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(H.Rept. 107-95), and was passed, amended, by the House on June 13, 2001, by a vote of
418-6. The language of H.R. 1157 was also included as §§5001-5012 of H.R. 5569. On
May 14, 2002, the Senate Commerce Subcommittee on Oceans, Atmosphere, and Fisheries
held a hearing on S. 1825. H.R. 2409 would have amended the Endangered Species Act to
transfer responsibility for anadromous (e.g., salmon and steelhead trout) and catadromous
fish to the Secretary of the Interior; no action was taken on this measure. On March 21,
2001, the Senate Energy and Natural Resources Subcommittee on Water and Power held an
oversight hearing on the Klamath Project in Oregon. H.R. 5698 would have provided
emergency disaster assistance for individuals and businesses harmed by the fall 2002
Klamath River fish kill as well as establish water conservation and habitat restoration
programs for this drainage. H.R. 2573 proposed to direct NOAA Fisheries to seek peer
review and conduct studies on the impacts of Columbia River basin federal dams on salmon
and steelhead trout; no action has been taken on this measure. On March 15, 2002, the
House Committee on The Budget reported H.Con.Res. 353, wherein §406(b) expressed the
sense of Congress that Pacific Northwest salmon recovery is a high-priority item for funding
in the FY2003 federal budget (H.Rept. 107-376); this measure was passed by the House on
March 20, 2002. Section 103 of S. 2535 and §104 of H.R. 4948 would have designated
“salmon restoration areas” in northern California. Section 421 of H.R. 5428 would have
required a feasibility study of fish passage improvements in Oregon; H.R. 5428 was reported
(amended, fish passage language in §422) by the Committee on Transportation on October
2, 2002 (H.Rept. 107-717). Section 212 of S. 2711 would have declared that the Trinity
River Mainstem Fishery Restoration record of decision complies with all provisions of law;
this measure was reported (amended) by the Senate Committee on Indian Affairs on August
28, 2002 (S.Rept. 107-247), and passed the Senate (amended) on November 20, 2002.
Section 139 of H.R. 5093 would have required mass marking of salmon produced at federal
hatcheries; this measure was reported July 11, 2002 (H.Rept. 107-564) and passed by the
House on July 17, 2002. Section 10902 of P.L. 107-171 required the Secretary of
Agriculture to report to Congress on efforts to expand the promotion, marketing, and
purchasing of pouched and canned salmon harvested and processed in the United States
under food and nutrition programs administered by the Secretary.
Other Miscellaneous Issues
Country of Origin. P.L. 107-171 contained §10816 requiring the labeling of both
farm-raised and wild fish as to country of origin and to distinguish between wild and farm-
raised fish. Implementing regulations are required by September 30, 2004. For additional
information, see CRS Report 97-508, Country-of-Origin Labeling for Foods: Current Law
and Proposed Changes. Section 208 of P.L. 107-206 modified the definition of “wild fish”
contained in P.L. 107-171. Country of origin language that was included as §1001 of H.R.
3009, as passed by the Senate, was deleted in conference and did not appear in P.L. 101-210.
Agriculture and Fish. Section 5 in both H.R. 2202 and S. 1148 would have required
fish protection devices for the Lower Yellowstone Irrigation Project; the House Resources
Subcommittee on Water and Power held a hearing on H.R. 2202 on June 5, 2002. H.R. 2202
was reported (amended) by the House Committee on Resources on October 16, 2002
(H.Rept. 107-760). H.R. 1985, H.R. 3208, H.R. 4657, S. 976, and S. 1768 would have
authorized an “environmental water account” for the CALFED project to provide water for
protection and recovery of fish; H.R. 3208 was reported (amended) by the House Committee
on Resources on February 14, 2002 (H.Rept. 107-360, Part I), and S. 1768 was reported
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(amended) by the Senate Committee on Energy and Natural Resources on June 24, 2002
(S.Rept. 107-171). Section 302 of H.R. 2404 would have established performance objectives
for fish population management under the California Bay-Delta Project, and required annual
reports to Congress. On July 26, 2001, the House Resources Subcommittee on Water and
Power held a hearing on H.R. 2404. Section 10905 of P.L. 107-171 authorized the Secretary
of the Interior to study the feasibility of providing for fish passage at Chiloquin Dam,
Oregon.
Atlantic Salmon. Section 10812 of P.L. 107-171 extends, for 20 years, the consent
of Congress to the interstate compact on restoring Atlantic salmon in the Connecticut River
Basin and creating the Connecticut River Atlantic Salmon Commission. S.Res. 277 would
have expressed the sense of the Senate regarding the policy of the United States at the 19th
Annual Meeting of the North Atlantic Salmon Conservation Organization. Section 5604 of
H.R. 5569 would have authorized appropriations for the Connecticut River Atlantic Salmon
Commission through FY2010. No action was taken on either S.Res. 277 or H.R. 5569.
Military Waiver from State Fishing Regulations. Section §2811(a)(2) of P.L.
107-107 authorized the waiver of state fishing regulations, including the authority to extend
but not reduce seasons, at military installations.
Hydropower and Fish. Section 6403 of H.R. 4 and §404 of H.R. 2436 proposed to
study and implement increased operational efficiencies at hydroelectric power projects. H.R.
2436 was reported by the House Committee on Resources on July 25, 2001 (H.Rept. 107-
160, Part 1). Section 701(b) of S. 597, §401 in both H.R. 4 and H.R. 2587, §16 of H.R.
3800, and §301(b) of S. 1766 would have allowed federal hydropower licensees to propose
alternative fishways to any required by the Federal Energy Regulatory Commission as long
as the alternative was based on sound science and would result in equal or greater fish
passage. Section §4(a)(2)(D) of H.R. 2460, §1403(a)(8) of S. 597, §1221(b)(8) of S. 1766,
§2004(a)(2)(D) of H.R. 4, §101(a)(6) of H.R. 2478, and §102(a)(6) of H.R. 2324 would have
established a federal hydropower technology goal of developing, with industry, a new
generation of turbine technologies that was less damaging to fish and aquatic ecosystems.
H.R. 2587 was reported on July 25, 2001 (H.Rept. 107-162, Part 1), with a supplemental
report on August 1, 2001 (H.Rept. 107-162, Part II). H.R. 2460 was reported (amended) on
July 31, 2001 (H.Rept. 107-177). H.R. 4 was passed by the House, amended, on August 2,
2001, and passed the Senate, amended to contain much of the language of S. 1766, on April
25, 2002. A conference committee deliberated on H.R. 4. The Senate Committee on Energy
and Natural Resources held an extensive series of hearings on S. 597. Section 2(a) of H.R.
1832, §4(a) of S. 71, and §724(a) in both S. 388 and S. 389 proposed to modify the federal
licensing process to increase hydroelectric power generation by altering how factors were to
be considered before requiring fishways under the Federal Power Act. Hearings were held
on S. 71 by the Committee on Energy and Natural Resources on July 19, 2001, while an
extensive series of hearings has been held by the same Committee on S. 388.
Aquatic Invasive Species. H.R. 2732 proposed to amend the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of the Interior
to prevent westward spread of aquatic nuisance species across the 100th meridian, monitor
water bodies, and provide rapid response capacity in Western States. H.R. 5395 and Title
II of S. 2964 would have established marine and freshwater research, development, and
demonstration programs to prevent, control, and eradicate invasive species. H.R. 5396 and
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Titles I and III of S. 2964 would have reauthorized the Nonindigenous Aquatic Nuisance
Prevention and Control Act through FY2007 and amended this Act to expand programs to
address aquatic invasive species control. On November 14, 2002, the House Resources
Subcommittee on Fisheries Conservation, Wildlife, and Oceans and the House Science
Subcommittee on Environment, Technology, and Standards held a joint hearing on H.R.
5395 and H.R. 5396. Section 7 of P.L. 107-299 authorized priority funding of $5 million
annually to the National Sea Grant College Program for FY2003-2008 for competitive grants
in each of the following areas: 1) zebra mussel biology and control; 2) oyster diseases, oyster
restoration, and oyster-related human health risks; and 3) the biology, prevention, and
forecasting of harmful algal blooms, including Pfiesteria piscicida; also $3 million in
competitive grants for fishery extension activities was identified. H.Res. 560 would have
expressed support for ballast water treatment regulations. H.R. 3558 would have authorized
a state native species protection assessment grant program, a native heritage grant program,
refuge system demonstration projects, and a rapid response capability address harmful
nonnative species concerns: three House Resources Committee Subcommittees held a joint
hearing on H.R. 3558 on March 14, 2002. This measure was reported (amended) on June
18, 2002 (H.Rept. 107-512). No action was taken on any of the other measures.
Vessel Safety. S. 162 and H.R. 2419 proposed to amend the Internal Revenue Code
to provide a business credit against income for the purchase of fishing vessel safety
equipment; no action was taken on either bill. H.R. 2228 would have authorized assistance
to families of fishermen involved in disasters; the House Transportation and Infrastructure’s
Subcommittee on Coast Guard and Maritime Transportation held a hearing on this measure
on June 12, 2002. P.L. 107-295 included §331 extending the authorization of the U.S. Coast
Guard’s Commercial Fishing Industry Vessel Safety Advisory Committee through FY2005;
§430 authorizing Coast Guard support for fishing vessel safety training; and §441
eliminating the requirement that a fishing vessel owner also sign any employment agreement
for crew. Section 558 of P.L. 107-217 authorized the donation of forfeited vessels to
educational institutions with a commercial fishing vessel safety program or other vessel
safety, education and training program.
Fishery Trade. S. 1813 would have required the U.S. Trade Representative to inform
key House and Senate Committees on negotiations and agreements on fish and shellfish.
H.R. 5578 would have modified certain aid programs that benefit seven nations exporting
large quantities of shrimp to the United States. No action was taken on either S. 1813 or
H.R. 5578. S. 1100 and Title V of S. 1209/H.R. 3670/S.2737 would have authorized a
program for trade adjustment assistance to fishermen; S. 1209 was reported (amended) on
February 4, 2002, by the Senate Committee on Finance (S.Rept. 107-134). Section
3103(b)(4) of P.L. 107-210 established a general rule for tuna imported from Bolivia,
Colombia, Ecuador, and Peru to 1) include a U.S. or Andean flagged vessel rule of origin
requirement; and 2) authorize the President to grant duty-free treatment for Andean exports
of tuna packed in foil containers weighing not more than 6.8 kg. In addition, §3106 modified
calculation of the MFN tariff-rate quota on tuna to be based on 4.8% of apparent domestic
consumption of tuna in airtight containers rather than domestic production. Language that
would have provided trade adjustment assistance to fishermen, added by the Senate, was
deleted in conference.
Coral. H.R. 2272 would have amended the Foreign Assistance Act of 1961 to provide
debt relief to developing countries that protect coral reef habitat; this measure was passed
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(amended) by the House on October 16, 2001. Section 209 of P.L. 107-206 directs that $2.5
million be expended for a cooperative agreement with the National Defense Center of
Excellence for Research in Ocean Sciences to conduct coral mapping near the Hawaiian
Islands. On June 27, 2002, the House Resources Subcommittee on Fisheries Conservation,
Wildlife, and Oceans held an oversight hearing on the Coral Reef Conservation Act of 2000,
Executive Order 13089, and the oceanic conditions contributing to coral reef decline.
Miscellaneous Reauthorizations. P.L. 107-372 reauthorized 1) the
Interjurisdictional Fisheries Act (§302), 2) the Anadromous Fish Conservation Act (§303),
3) the Atlantic Tunas Convention Act of 1975 (§304), and 4) the Northwest Atlantic
Fisheries Convention Act of 1995 (§305). All authorizations were extended through
FY2006. In addition, this measure extended the deadline for the Commission on Ocean
Policy Report) and increased the authorization of appropriations for this Commission.
International Fisheries. P.L. 107-228 extended authorizations for international
fishery commissions through FY2003 (§114(4)), modified travel provided for Great Lakes
Fishery Commission advisory committee members (§208), and clarified that authority under
the Fishermen’s Protective Act resides with the Secretary of State (§209). S.Res. 311 would
have expressed the sense of the Senate that U.S. officials, at the World Summit on
Sustainable Development and in binding international agreements, support and pursue means
to 1) reduce global fishing fleet overcapacity to sustainable levels; 2) reduce bycatch and
protect endangered migratory species, such as sea turtles, marine mammals, and sea birds;
3) address the international aspects of marine debris; 4) combat the degradation and
destruction of coral reefs; and 5) reduce land-based pollution such as sewage and other
nutrients; no action was taken on S.Res. 311.
Bankruptcy. On March 15, 2001, S. 420 was amended in §1007 to include similar
provisions for family fishermen as currently apply to family farmers under Chapter 12 of the
bankruptcy laws, and was passed by the Senate on a vote of 83-15. On July 17, 2001, the
Senate amended H.R. 333 to include the language of S. 420 relating to protection of family
fishermen, and passed H.R. 333, as amended, by a vote of 82-16. On July 26, 2002, a
conference report was filed on H.R. 333 (H.Rept. 107-617), including the family fishermen
provisions in §1007. On November 15, 2002, the House amended H.R. 333 to insert the
language of H.R. 5745. The family fishermen language appeared in §1007 of H.R.
5744/H.R. 5745. Section 8 of H.R. 5348/S. 3174 would have separately addressed this same
issue; no action was taken on H.R. 5348, H.R. 5744, or S. 3174. In addition, H.Con.Res. 488
proposed incorporating the language from §8 of H.R. 5348 as Title V of H.R. 2215 during
consideration of the conference report on H.R. 2215; this was not adopted.
Sport Fish Restoration. Section 106(b) of S. 990 would have exempted the
Dingell-Johnson Sport Fish Restoration Program from the Federal Advisory Committee Act;
this measure was reported (amended) on December 13, 2001 (S.Rept. 107-123) and passed
by the Senate on December 20, 2001. The House passed S. 990 (amended) on November 15,
2002. Section 5(c)(2)(A) of S. 2678 and §3(b)(1)(B) of S. 2861 would have extended the
transfer of Highway Trust Funds into the Sport Fish Restoration Account from FY2005 to
FY2009 (S. 2861) or FY2011 (S. 2678); no action was taken on either measure.
Organic Labeling. On February 13, 2002, the Senate passed H.R. 2646 after
amending this measure to include the language of the Senate’s amended S. 1731, containing
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§1055 authoring the labeling of wild fish as organic. The conference report on H.R. 2646
was filed on May 1, 2002 (H.Rept. 107-424), deleting this provision.
Chesapeake Bay. Section 401 of P.L. 107-372 reauthorized NOAA’s Chesapeake
Bay Office and associated fishery programs through FY2006.
Tax Provisions. Section 105 of H.R. 546/H.R. 2111/H.R. 2761, §8 in both S. 312
and H.R. 2347, §506 of H.R. 1018, and §7 of S. 1676 would have allowed income averaging
by commercial fishermen. S. 313, H.R. 662, §2 in both S. 312 and H.R. 2347, and §509 of
H.R. 1018 would have amended the Internal Revenue Code to allow commercial fishermen
to establish tax-deferred Farm, Fishing, and Ranch Risk Management Accounts to shelter a
portion of fishery income. No action was taken on any of these measures.
State Funding. Section 102(c) in both H.R. 701 and S. 1328 would have authorized
funding to states for fishery stock surveys, fishery observers in state or federal waters,
coordination and preparation of cooperative fishery conservation and management plans, and
preparation and implementation of state fishery management plans. On October 16, 2002,
H.R. 701 was reported (amended) by the House Committee on Resources (H.Rept. 107-758,
Part I). No action was taken on S. 1328.
Seafood Safety. S. 555 would have required the U.S. Food and Drug Administration
to establish a tolerance for methylmercury in seafood. S. 1501 would have created an
independent Food Safety Administration to consolidate all food safety and inspection
services. S. 2759 would have modified controls on the entry of contaminated seafood into
the United States. H.R. 2729, H.R. 5079, and S. 1875 would have increased the public
information requirements for notification of waters where fish or shellfish contamination was
a concern. H.R. 5266 and S. 2815 would have amended §482 of the Clean Air Act to direct
the EPA Administrator to enhance research to improve the understanding of the contribution
of mercury emissions from electricity generation to mercury in fish. No action was taken on
any of these measures.
Habitat. H.R. 325 and S. 678 (Fishable Waters Act of 2001) would have amended the
Federal Water Pollution Control Act to establish a program for fishery habitat protection,
restoration, and enhancement; no action was taken on these bills.
Federal Government Structure. H.R. 375 proposed eliminating the Department
of Commerce and establishing an independent NOAA; no action was taken on this bill. H.R.
4966 would have modified coastal and ocean resource programs within NOAA; this measure
was reported (amended) on October 16, 2002, by the House Resources Committee (H.Rept.
107-759, Part I).
Recreational Fishing. S. 1314, H.R. 3104, and H.R. 3547 would have placed limits
on the federal government’s ability under the Magnuson Act to promulgate regulations that
would close areas to recreational fishing. H.Res. 570 would have expressed concern for
continued recreational fishing access to waters near the Revillagigedo Islands of Mexico.
No action was taken on any of these measures.
Quinault Claims. H.R. 2524 and S. 1308 would have established the Quinault
Permanent Fisheries Fund to manage funds received from the settlement of claims. S. 1308
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was reported on September 3, 2002 (S.Rept. 107-252) and passed by the Senate on
September 18, 2002; no action was taken on H.R. 2524.
Atlantic Tuna and Billfish. On November 13, 2001, the Senate approved S.Res. 180
expressing the sense of the Senate regarding U.S. policy at the 17th Regular Meeting of the
International Convention for the Conservation of Atlantic Tunas.
Endangered Fish. Section 2(h)(3) of H.R. 3570 would have authorized
investigations of endangered fish in the Missouri River, including pallid sturgeon response
to mainstem reservoirs. P.L. 107-375 extended the authorization for capital construction
projects associated with endangered fish recovery programs for the Upper Colorado and San
Juan Rivers through FY2008.
Capital Construction Fund. S. 1962 and H.R. 3898 would have provided for
qualified withdrawals from Capital Construction Fund accounts for fishermen leaving the
industry for rollover into individual retirement plans; no action was taken on either measure.
Cormorants. H.R. 3727 would have directed the Secretary of the Interior to issue
regulations under the Migratory Bird Treaty Act authorizing States to establish hunting
seasons for double-crested cormorants; no action was taken on this measure. H.R. 5686
would have authorized the Great Lakes Fishery Commission to investigate the effect of
migratory birds on fish productivity. No action was taken on either H.R. 3727 or H.R. 5686.
Lake Champlain. S. 2928 would have amended the Clean Water Act to direct the
U.S. Fish and Wildlife Service to restore Lake Champlain fisheries using hatcheries and fish
culture; the Senate Committee on Environment and Public Works reported (amended) this
measure on November 13, 2002 (S.Rept. 107-339).
Marine Turtles. S. 2897 would have authorized assistance and created a multinational
conservation fund for marine turtles; this measure was reported (amended) by the Senate
Committee on Environment and Public Works on October 8, 2002 (S.Rept. 107-303). On
November 15, 2002, the House passed S. 990 (amended) with the language of S. 2897
incorporated as Title XII.
Territorial Sea. Section 104 of P.L. 107-295 extended the territorial jurisdiction of
the United States from 3 miles offshore to 12 miles offshore, consistent with the 1988
Presidential Proclamation 5928.
Aquaculture: Background and Issues
Aquaculture is broadly defined as the farming or husbandry of fish, shellfish, and other
aquatic animals and plants, usually in a controlled or selected environment. The diversity
of aquaculture is typified by such activities as: fish farming, usually applied to freshwater
commercial aquaculture operations (catfish and trout farms are examples
[http://www.usda.gov/nass/pubs/stathigh/1998/lv-aq.htm]); 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
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industry which cultures juveniles, releases them to mature in the open ocean, and catches
them when they return as adults to spawn. Fish hatcheries are government and commercial
aquaculture facilities that raise fish from recreational and commercial stocking as well as for
mitigation of aquatic resource and habitat damage [http://aquanic.org/].
Miscellaneous Issues
Country of Origin. P.L. 107-171 contained §10816 requiring the labeling of both
farm-raised and wild fish as to country of origin and to distinguish between wild and farm-
raised fish. Regulations to implement this language are required by September 30, 2004.
For additional information on this subject, see CRS Report 97-508, Country-of-Origin
Labeling for Foods: Current Law and Proposed Changes. Section 208 of P.L. 107-206
modified the definition of “wild fish” contained in P.L. 107-171. Country of origin language
that was included as §1001 of H.R. 3009, as passed by the Senate, was deleted in conference
and did not appear in P.L. 101-210.
Catfish. S. 1494 would have amended the Federal Food, Drug, and Cosmetic Act to
limit the use of the common name ‘catfish’ in the marketing of fish. H.R. 2964 would have
clarified the market name for the fish Pangasius bocourti relative to compliance with §403
of the Federal Food, Drug, and Cosmetic Act. P.L. 107-171 contained §10806 limiting the
labeling and advertizing as “catfish” to only fish from the family Ictaluridae. Section 755
of P.L. 107-76 prohibited Food and Drug Administration FY2002 funds to be used to admit
fish or fish products labeled wholly or in part as ‘catfish’ unless the products were
taxonomically from the family Ictaluridae.
Aquacultural Research. P.L. 107-171 contained §7116 extending the authorization
of appropriations for aquaculture research facilities of the U.S. Department of Agriculture
through FY2007. FY2002 appropriations for U.S. Department of Agriculture research in
aquaculture were provided in P.L. 107-76; FY2003 appropriations were considered in H.R.
5263 (H.Rept. 107-623) and S. 2801 (S.Rept. 107-223). Action was not completed on
FY2003 appropriations during the 107th Congress.
National Aquaculture Act Reauthorization. Section 7139 of P.L. 107-171
authorized appropriations for the National Aquaculture Act through FY2007.
Bankruptcy. On March 15, 2001, S. 420 was amended in §1007 to include similar
provisions for family fishermen (including aquaculture operations) as currently apply to
family farmers under Chapter 12 of the bankruptcy laws, and was passed the Senate on a vote
of 83-15. On July 17, 2001, the Senate amended H.R. 333 to include the language of S. 420
relating to protection of en, and passed H.R. 333, as amended, by a vote of 82-16. On July
26, 2002, a conference report was filed on H.R. 333 (H.Rept. 107-617), including the family
fishermen provisions in §1007. On November 15, 2002, the House amended H.R. 333 to
insert the language of H.R. 5745. The family fishermen language appeared in §1007 of H.R.
5744/H.R. 5745. Section 8 of H.R. 5348/S. 3174 would have separately addressed this same
issue; no action was taken on H.R. 5348, H.R. 5744, or S. 3174. In addition, H.Con.Res. 488
proposed incorporating the language from §8 of H.R. 5348 as Title V of H.R. 2215 during
consideration of the conference report on H.R. 2215; this was not adopted.
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Permitting. Section 103 of H.R. 897 would have authorized Coastal Zone
Enhancement Grants for developing a coordinated process among state agencies to regulate
and issue permits for coastal aquaculture facilities; no action was taken on this measure.
Taxation. Section 2(e)(2) of S. 455 and §101(e)(2) of S. 1507 would have amended
the Internal Revenue Code to exclude aquaculture businesses from qualified small business
(QSB) stock provisions (§1202); no action was taken on either measure.
Cormorants. H.R. 3727 would have directed the Secretary of the Interior to issue
regulations under the Migratory Bird Treaty Act authorizing States to establish hunting
seasons for double-crested cormorants; no action was taken on this measure. H.R. 5686
would have authorized the Great Lakes Fishery Commission to investigate the effect of
migratory birds on fish productivity. No action was taken on either H.R. 3727 or H.R. 5686.
Product Safety. S. 2759 would have modified controls on the entry of contaminated
seafood into the United States; no action was taken on this measure.
Marine Mammals: Background and Issues
Due in part to the high level of dolphin mortality (estimated at more than 400,000
animals per year) in the eastern tropical Pacific tuna purse-seine fishery, Congress enacted
the Marine Mammal Protection Act (MMPA) in 1972. While some critics may claim the
MMPA is scientifically irrational by selecting one group of organisms for special protection
unrelated to their abundance or ecological role, this Act 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 Act established a moratorium on the “taking” of marine mammals
in U.S. waters and by U.S. nationals on the high seas. The Act also established a moratorium
on importing marine mammals and marine mammal products into the United States. Under
the Act, the Secretary of Commerce, acting through NOAA Fisheries, is responsible for the
conservation and management of whales, dolphins, porpoises, seals, and sea lions]. The
Secretary of the Interior, acting through the Fish and Wildlife Service (FWS), is responsible
for walruses [http://species.fws.gov/bio_walr.html], sea and marine otters, polar bears
[http://species.fws.gov/bio_pola.html], manatees [http://species.fws.gov/ bio_mana.html],
and dugongs. This division of authority derives from agency responsibilities as they existed
when the MMPA was enacted. Title II of the Act established an independent Marine
Mammal Commission (MMC) and its Committee of Scientific Advisors on Marine
Mammals to oversee and recommend actions necessary to meet the requirements of the Act.
Marine Mammal Protection Act Reauthorization
Background. The MMPA was reauthorized in 1994 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 assessment of marine
mammal stocks in U.S. waters, for the development and implementation of take reduction
plans for stocks that may be reduced or are being maintained below their optimum
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sustainable population levels due to interactions with commercial fisheries, and for studies
of pinniped-fishery interactions. For more information on the 1994 amendments, see CRS
Report 94-751 ENR, Marine Mammal Protection Act Amendments of 1994.
Congressional Action. At issue for the 107th Congress were the terms and
conditions of provisions designed to reauthorize and amend the MMPA to address the
concerns of various interest groups. On October 11, 2001, the House Resources
Subcommittee on Fisheries Conservation, Wildlife, and Oceans held an oversight hearing
on reauthorizing the Marine Mammal Protection Act. H.R. 4781 was the only
reauthorization bill that was introduced; the House Resources Subcommittee on Fisheries
Conservation, Wildlife, and Oceans held a hearing on this bill on June 13, 2002, and marked
up this measure on July 25, 2002. H.R. 5597/S. 3104 proposed to amend the MMPA to
repeal the long-term goal for reducing to zero the incidental mortality and serious injury of
marine mammals in commercial fishing operations, and to modify the goal of take reduction
plans for reducing such takings; no action was taken on either measure. For additional
information on reauthorization issues in the 107th Congress, see CRS Report RL30120,
Marine Mammal Protection Act: Reauthorization Issues for the 107th Congress.
Other Miscellaneous Issues
Glacier Bay. Section 130 of P.L. 107-63 (FY2002 Department of the Interior
appropriations) required the National Park Service to prepared an environmental impact
statement (EIS) on vessel entries to Glacier Bay National Park to assess impacts on whales,
while maintaining the current number of vessel entries until the required EIS is completed.
Whaling. H.Con.Res. 180, S.Res 121, and S.Res. 267 would have reaffirmed U.S.
opposition to commercial and lethal scientific whaling and suggested U.S. policy at the
annual meetings of the International Whaling Commission (IWC). S.Res. 311 would have
expressed U.S. policy at the World Summit on Sustainable Development as opposing
commercial whaling, efforts to reopen international trade in whalemeat, and downlisting any
whale listed under the Convention on International Trade in Endangered Species.
H.Con.Res. 193 would have directed U.S. delegates to the IWC to protect the ability of
Native people of the United States to continue to legally harvest whales. H.Con.Res. 370
would have expressed the sense of Congress that the United States support the use of sound
science in IWC management, the prompt completion of the IWC’s revised management
scheme, and the ability of Native peoples to legally harvest whales. S.Res. 285 would have
condemned the IWC’s failure in providing for subsistence needs of Alaska Natives. No
action was taken on any of these measures. Section 403 of P.L. 107-372 authorized the
emergency towing of an Alaskan subsistence-harvested whale to prevent whale loss.
DOD Compliance. Section 3(a) of H.R. 2154 would have required the Department
of Defense to fully comply with the MMPA. Section 1201(a) of S. 2225 would have
modified the definition of harassment under the MMPA applicable to military readiness
activities. On July 9, 2002, the Senate Committee on Environment and Public Works held
a hearing on S. 2225; no action was taken on H.R. 2154.
State Funding. Section 102(c) in H.R. 701 and S. 1328 would have authorized
funding for state marine mammal stock surveys as well as preparation and implementation
of state mammal management plans. On October 16, 2002, H.R. 701 was reported
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(amended) by the House Committee on Resources (H.Rept. 107-758, Part I). No action was
taken on S. 1328.
Taxation. S. 713 would have amended the Internal Revenue Code to provide a
charitable deduction for certain expenses incurred in support a Native Alaskan subsistence
whaling; no action was taken on this measure.
North Atlantic Right Whales. S. 1380 and H.R. 3095 proposed to coordinate and
expand U.S. and international programs to conserve and protect North Atlantic right whales;
no action was taken on either measure.
NOAA Fisheries Appropriations
The Bush administration’s proposed FY2003 budget for NOAA Fisheries was about $7
million larger than its proposed FY2002 budget, and about $34 million less than the enacted
FY2002 funding. The 107th Congress did not complete action on FY2003 appropriations.
Table 1. NOAA Fisheries Appropriations
(x $1000)
FY2001
FY2001
FY2002
FY2002
FY2003
FY2003
Request
Enacted
Request
Enacted
Request
S.Rept.
(S. 2778)
Fisheries
429,426
376,921
598,036
342,671
348,826
277,039
Protected
143,600
150,660
157,220
111,271
Resources
Habitat
48,193
44,545
46,415
40,151
Conservation
Enforcement
38,500
41,320
50,994
47,145
Surveillance
Base
not ident.
not ident.
not ident.
not ident.
not ident.
112,246
Acquisition of
25,944
26,841
0
0
0
0
Data
SUBTOTAL
455,370
634,055
598,036
579,196
603,455
587,852
Construction
21,900
54,180
14,700
37,184
17,000
24,000
Fleet
— 8,282
0
0
0
50,874
Replacement
Pacific
100,000
89,803
90,000
110,000
90,000
95,000
Coastal
Salmon
Recovery
Pacific
60,000
19,956
20,000
47,419
20,000
20,000
Salmon
Treaty
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FY2001
FY2001
FY2002
FY2002
FY2003
FY2003
Request
Enacted
Request
Enacted
Request
S.Rept.
(S. 2778)
Other
19,691
9,362
11,475
1,430
10,781
1,145
Accounts
TOTAL
656,961
815,638
734,211
775,229
741,236
778,871
Sources: Budget Justifications, House and Senate Committee Reports, and floor debate.
LEGISLATION
Related public laws and bills are discussed in the text of this document under
“Background and Analysis.”
Fisheries
P.L. 107-20 (H.R. 2216); P.L. 107-77 (H.R. 2500); P.L. 107-107 (S. 1438); P.L. 107-
117 (H.R. 3338); P.L. 107-171 (H.R. 2646); P.L. 107-206 (H.R. 4775); P.L. 107-210 (H.R.
3009); P.L. 107-217 (H.R. 2068); P.L. 107-228 (H.R. 1646); P.L. 107-295 (S. 1214); P.L.
107-299 (H.R. 3389); P.L. 107-372 (H.R. 4883); and P.L. 107-375 (H.R. 5099).
H.Con.Res. 353 (Nussle); H.Con.Res. 427 (Gilchrest); H.Con.Res. 488 (Holden);
H.Res. 560 (Camp); H.Res. 570 (Cunningham); H.R. 4 (Tauzin); H.R. 108 (Hefley); H.R.
325 (Tanner); H.R. 333 (Gekas); H.R. 375 (Royce); H.R. 470 (Pallone); H.R. 546 (Quinn);
H.R. 553 (Young of Alaska); H.R. 642 (Gilchrest); H.R. 644 (Gilchrest); H.R. 662
(Hulshof); H.R. 701 (Young of Alaska); H.R. 1018 (Toomey); H.R. 1157 (Thompson of
California); H.R. 1367 (Saxton); H.R. 1832 (Towns); H.R. 1985 (Calvert); H.R. 1989
(Gilchrest); H.R. 2111 (Quinn); H.R. 2202 (Rehberg); H.R. 2228 (Green of Wisconsin); H.R.
2272 (Kirk); H.R. 2324 (Woolsey); H.R. 2347 (Nussle); H.R. 2376 (Capps); H.R. 2404
(George Miller); H.R. 2409 (Otter); H.R. 2419 (Simmons); H.R. 2436 (Hansen); H.R. 2439
(Ross); H.R. 2460 (Boehlert); H.R. 2478 (Woolsey); H.R. 2524 (Dicks); H.R. 2570 (Farr);
H.R. 2573 (McDermott); H.R. 2587 (Tauzin); H.R. 2673 (Faleomavaega); H.R. 2729
(Allen); H.R. 2732 (Baird); H.R. 2761 (Hooley): H.R. 3104 (Peterson of Minnesota); H.R.
3208 (Calvert); H.R. 3547 (Peterson of Minnesota); H.R. 3558 (Rahall); H.R. 3570
(Bereuter); H.R. 3670 (Bentsen); H.R. 3727 (Peterson of Minnesota); H.R. 3800 (Dingell);
H.R. 3898 (Capps); H.R. 4003 (Hefley); H.R. 4618 (Hunter); H.R. 4657 (Napolitano); H.R.
4749 (Gilchrest); H.R. 4895 (Saxton); H.R. 4948 (Thompson of California); H.R. 4966
(Gilchrest); H.R. 5030 (Young of Alaska); H.R. 5079 (Pallone); H.R. 5093 (Skeen); H.R.
5266 (Barton): H.R. 5348 (Baldwin); H.R. 5395 (Ehlers); H.R. 5396 (Gilchrest); H.R. 5428
(Young of Alaska); H.R. 5569 (Hansen); H.R. 5578 (Paul); H.R. 5595 (Sanchez); H.R. 5686
(Stupak); H.R. 5698 (Thompson of California): H.R. 5744 (Gekas); H.R. 5745 (Gekas);
S.Res. 180 (Kerry); S.Res. 277 (Snowe); S.Res. 311 (Kerry); S. 71 (Craig); S. 162 (Collins);
S. 312 (Grassley); S. 313 (Grassley); S. 388 (Murkowski); S. 389 (Murkowski); S. 420
(Grassley); S. 525 (Graham); S. 555 (Leahy); S. 597 (Bingaman); S. 637 (Snowe); S. 678
(Bond); S. 755 (Murray); S. 973 (Wyden); S. 976 (Feinstein); S. 990 (Smith of New
Hampshire); S. 1045 (Sarbanes); S. 1100 (Conrad); S. 1148 (Burns); S. 1209 (Bingaman);
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S. 1308 (Murray); S. 1314 (Breaux); S. 1328 (Landrieu); S. 1501 (Durbin); S. 1676 (Kerry);
S. 1766 (Daschle); S. 1768 (Feinstein); S. 1813 (Snowe); S. 1825 (Boxer); S. 1826 (Wyden);
S. 1875 (Leahy); S. 1962 (Wyden); S. 2535 (Boxer); S. 2593 (Torricelli); S. 2627 (Cleland);
S. 2678 (Baucus); S. 2711 (Inouye); S. 2737 (Baucus); S. 2759 (Hollings); S. 2778
(Hollings); S. 2815 (Smith of New Hampshire); S. 2861 (Inhofe); S. 2897 (Jeffords); S. 2928
(Jeffords); S. 2964 (Levin); S. 2972 (Snowe); S. 3018 (Baucus); S. 3110 (Collins); and S.
3174 (Grassley).
Aquaculture
P.L. 107-76 (H.R. 2330); P.L. 107-171 (H.R. 2646); and P.L. 107-206 (H.R. 4775).
H.R. 333 (Gekas); H.R. 897 (Saxton); H.R. 2439 (Ross); H.R. 2964 (Pickering); H.R.
3727 (Peterson of Minnesota); H.R. 5263 (Bonilla); H.R. 5348 (Baldwin); H.R. 5686
(Stupak); H.R. 5744 (Gekas); H.R. 5745 (Gekas); S. 420 (Grassley); S. 455 (Collins); S.
1494 (Lincoln); S. 1507 (Collins); S. 1628 (Harkin); S. 1673 (Lincoln); S. 1731 (Harkin);
S. 2759 (Hollings); S. 2801 (Kohl); and S. 3174 (Grassley).
Marine Mammals
P.L. 107-63 (H.R. 2217) and P.L. 107-372 (H.R. 4883).
H.Con.Res. 180 (Delahunt); H.Con.Res. 193 (Young of Alaska); H.Con.Res. 370
(Young of Alaska); H.R. 701 (Young of Alaska); H.R. 2154 (Filner); H.R. 3095 (Delahunt);
H.R. 4781 (Gilchrest); H.R. 5597 (Young of Alaska); S.Res. 121 (Kerry); S.Res. 267
(Kerry); S.Res. 285 (Murkowski); S.Res. 311 (Kerry); S. 713 (Murkowski); S. 1328
(Landrieu); S. 1380 (Kerry); S. 2225 (Levin); and S. 3104 (Murkowski).
CRS-16