Fishery, Aquaculture, and Marine Mammal Legislation in the 109th Congress

Fishery, Aquaculture, and Marine Mammal Legislation in the 109th Congress

Order Code IB10139
CRS Issue Brief for Congress
Received through the CRS Web
Fishery, Aquaculture, and Marine Mammal
Legislation in the 109th Congress
Updated May 18, 2006
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-Stevens Act Reauthorization
Pacific Salmon
Miscellaneous Issues
Aquaculture: Background and Issues
Miscellaneous Issues
Marine Mammals: Background and Issues
Marine Mammal Protection Act Reauthorization
Miscellaneous Issues
LEGISLATION

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Fishery, Aquaculture, and Marine Mammal Legislation
in the 109th Congress
SUMMARY
Fish and marine mammals are important
(§1007 of P.L. 109-8), revises visa require-
resources in open ocean and nearshore coastal
ments to allow certain seasonal immigrant
areas. Many laws and regulations guide the
seafood processing workers to enter the
management of these resources by federal
United States (§402 of P.L. 109-13), reaffirms
agencies.
state authority to regulate certain fishing
activities to distinguish between state and
Bills to reauthorize and amend major
out-of-state residents (§6036 of P.L. 109-13),
legislation — the Magnuson-Stevens Fishery
allows hydropower licensees to propose alter-
Conservation and Management Act
natives to fishways as long as the alternatives
(MSFCMA) and the Marine Mammal Protec-
would not diminish fish passage (§241 of P.L.
tion Act (MMPA) — have been introduced in
109-58), and comprehensively amends and
the 109th Congress; the authorization of appro-
reauthorizes the Sport Fish Restoration Pro-
priations for both laws expired at the end of
gram to permanently appropriate boat safety
FY1999. Bills offering extensive amendments
funding and modify distribution of funds
to the MSFCMA include H.R. 1431, H.R.
(Title X of P.L. 109-59).
4940, H.R. 5018, H.R. 5051, S. 1224, and S.
2012. H.R. 2130, H.R. 4075, and S. 1224
Aquaculture — the farming of fish,
propose extensive amendments to the MMPA.
shellfish, and other aquatic animals and plants
Recommendations by the U.S. Commission
in a controlled environment — is expanding
on Ocean Policy will likely play a role in
rapidly, both in the United States and abroad.
actions considered during the 109th Congress.
In the United States, important species cul-
tured include catfish, salmon, shellfish, and
Commercial and sport fishing are jointly
trout. Legislation related to aquaculture en-
managed by the federal government and indi-
acted by the 109th Congress extends protection
vidual states. States have jurisdiction gener-
to family fishermen (including aquaculture
ally within 3 miles of the coast. Beyond state
operations) under Chapter 12 of bankruptcy
jurisdiction and out to 200 miles, the federal
law (§1007 of P.L. 109-8).
government manages fisheries under the
MSFCMA through eight regional fishery
Marine mammals are protected under the
management councils. Beyond 200 miles, the
MMPA. With few exemptions, the MMPA
United States participates in international
prohibits harm or harassment (“take”) of
agreements relating to specific areas or spe-
marine mammals, unless restrictive permits
cies.
are obtained. It addresses specific situations
of concern, such as dolphin mortality, which
Legislation related to commercial and
is primarily associated with the eastern tropi-
sport fisheries enacted thus far by the 109th
cal Pacific tuna fishery. No legislation has yet
Congress extends protection to family fisher-
been enacted by the 109th Congress relating to
men under Chapter 12 of bankruptcy law
marine mammals.
Congressional Research Service ˜ The Library of Congress

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MOST RECENT DEVELOPMENTS
On May 17, 2006, the House Committee on Resources ordered H.R. 5018 reported
(amended), proposing to reauthorize and amend the Magnuson-Stevens Act. On May 11,
2006, the House passed H.R. 5122, including provisions that would (1) direct the Secretary
of Defense to open more lands under Department of Defense jurisdiction to sport fishing and
(2) require the Secretary of Defense to provide information to NOAA to better identify
hazards posed by military munitions disposed in the ocean. On May 9, 2006, the Senate
Committee on Armed Services reported S. 2766/S. 2767, proposing to require the Secretary
of Defense to provide information to NOAA to better identify hazards posed by military
munitions disposed in the ocean. On May 5, 2006, the House Committee on Armed Services
reported H.R. 5122 (amended). On May 4, 2006, the Senate passed H.R. 4939 (amended),
proposing to delete the oyster recovery authority enacted by P.L. 109-148 and provide $1.135
billion to NMFS for Gulf Coast fishery recovery from hurricane damage, including $20
million for the New England shellfish industry harmed by toxic red tide. On May 3, 2006,
the House Committee on Resources held a hearing on H.R. 1431 and H.R. 5018, proposing
to amend and reauthorize the Magnuson-Stevens Act. (Members and staff may request e-
mail notification of new CRS reports on marine and freshwater fisheries, aquaculture, and
marine mammal issues by contacting Gene Buck at gbuck@crs.loc.gov and requesting to be
added to his notification list.)
BACKGROUND AND ANALYSIS
Commercial and Sport Fisheries:
Background and Issues
The Fishery Conservation and Management Act (FCMA) in 1976 (later the Magnuson-
Stevens Fishery Conservation and Management Act; see [http://www.nmfs.noaa.gov/sfa/
magact/]) ushered in a new era of federal marine fishery management. On March 1, 1977,
marine fishery resources within 200 miles of all U.S. coasts, but outside state jurisdiction,
came under federal jurisdiction, and a new regional management system began allocating
fishing rights, with priority to domestic enterprise. Today, individual states manage marine
inshore and coastal fisheries (generally within 3 miles of the coast). Interstate coordination
occurs through three (Atlantic, Gulf, and Pacific) marine fishery commissions, created by
interstate compacts. Beyond state waters, out to 200 miles, the federal government manages
living resources for which regional councils develop fishery management plans (FMPs)
under the Magnuson-Stevens Act. Individual states manage fishermen operating state-
registered vessels under state regulations consistent with any existing federal FMP when
fishing in inshore state waters and, in the absence of a federal FMP, wherever they fish.
Primary federal management authority was vested in the National Marine Fisheries Service
(NMFS, also popularly called NOAA Fisheries); see [http://www.nmfs.noaa.gov/]) within
the National Oceanic and Atmospheric Administration (NOAA) of the Department of
Commerce.
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Magnuson-Stevens Act Reauthorization
Background. The MSFCMA was last reauthorized in 1996 by P.L. 104-297, the
Sustainable Fisheries Act; authorization of appropriations expired on September 30, 1999.
A key issue in the reauthorization debate in the 109th Congress is how to attain a balance
between conserving fish and maintaining a viable commercial fishing industry.
Congressional Action. At issue for the 109th Congress will be the terms and
conditions of provisions designed to reauthorize and amend the MSFCMA to address the
concerns of various interest groups. Bills introduced in the 109th Congress and offering
extensive amendments to the MSFCMA include H.R. 1431, H.R. 4940, H.R. 5018, H.R.
5051, S. 1224, and S. 2012. H.R. 1431 would modify requirements for the appointment and
training of members of regional councils and how certain regional council committees and
panels conduct business. H.R. 4940 would modify how depleted fisheries are to be rebuilt,
require increased consideration of economic and social impacts of fishery management,
require additional attention to safety concerns, and modify research programs. S. 1224
would provide for increased efforts to protect deep sea corals and bottom habitat (Subtitle
A and §222 of Subtitle B in Title II) and would extensively amend the MSFCMA to
implement ecosystem-based management, further reduce bycatch, establish national policy
for individual fishing quotas, and modify the regional council fishery management plan
process (Title III). S. 2012 would enhance the transparency of the regional council process,
mandate new requirements to restrict overfishing, establish national guidelines for limited
access privilege programs, strengthen the role of science in decision-making, improve date
collection and management, and address bycatch concerns. On April 4, 2006, the Senate
Committee on Commerce, Science, and Transportation reported (amended) S. 2012 (S.Rept.
109-229). H.R. 5018 incorporates many of the same provisions as S. 2012 and promotes data
gathering and development of new technologies. H.R. 5051 would promote ecosystem
management, require overfishing to end by a date certain, and require annual harvest limits.
On April 25, 2006, the House Committee on Resources held a field hearing in New Bedford,
MA, on H.R. 4940 and H.R. 5018; the committee also held a hearing on H.R. 1431 and H.R.
5018 on May 3, 2006. On May 17, 2006, the House Committee on Resources ordered H.R.
5018 reported (amended). For additional information on MSFCMA reauthorization issues,
see CRS Report RL30215, The Magnuson-Stevens Fishery Conservation and Management
Act: Reauthorization Issues, by Eugene H. Buck and Daniel A. Waldeck.
In the 109th Congress, §10206 of P.L. 109-59 (the Transportation Equity Act) clarified
the eligibility for communities to participate in the western Alaska community development
quota (CDQ) program. H.R. 889, as passed by the House on September 15, 2005, would
define community development plan in the context of the MSFCMA (§426) and modify
vessel shares for crab fisheries in the Bering Sea and Aleutian Islands (§427). On October
27, 2005, the Senate amended H.R. 889 to incorporate the language of S. 1280 (deleting the
two House fisheries provisions) and passed the amended H.R. 889. The conference report
(H.Rept. 109-413) on H.R. 889 adopted modified versions of the two House provisions
(§§416-417). Section 1622 of S. 732, as reported on April 6, 2005 (S.Rept. 109-53),
proposes to repeal the P.L. 108-199 prohibition on FY2004 New England fisheries
expenditures (this provision appears to have already been repealed by §304 of P.L. 108-219).
H.R. 2059 would prohibit all commercial fishing for Atlantic striped bass. On April 14,
2005, the House Resources Subcommittee on Fisheries and Oceans held an oversight hearing
on the relationship between the MSFCMA and the National Environmental Policy Act. H.R.
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2112 would designate the exclusive economic zone of the United States as the “Ronald
Wilson Reagan Exclusive Economic Zone of the United States.” H.R. 2673 would place use
restrictions on certain bottom trawling gear, assist fishermen in switching to alternative gear,
and require federal studies to identify and map diverse bottom habitats. Section 304 of S.
1280 would require the Coast Guard to integrate vessel monitoring system data into existing
databases to improve monitoring and enforcement of fishery law; §305 would require a Coast
Guard report on detection and interdiction of foreign fishing incursions. On July 28, 2005,
the Senate Committee on Commerce, Science, and Transportation reported (amended) S.
1280 (S.Rept. 109-114). On October 27, 2005, the Senate amended H.R. 889 to incorporate
the language of S. 1280 and passed the amended H.R. 889. The conference report (H.Rept.
109-413) on H.R. 889 adopted the two Senate provisions (§§803-804). The House
Resources Subcommittee on Fisheries and Oceans held field hearings in Alaska on
MSFCMA reauthorization on July 6, 2005 (Ketchikan) and July 8, 2005 (Kodiak). H.R.
3278 would establish national guidelines for individual fishing quota programs. S. 1549
would rationalize the Pacific whiting (hake) fishery. S. 1635 would restrict trawling to
designated areas to protect deep sea corals and sponges. S. 1837 would add Rhode Island
to the Mid-Atlantic Regional Council.
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. 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 98-666,
Pacific Salmon and Anadromous Trout: Management Under the Endangered Species Act,
by Eugene H. Buck and John R. Dandelski.
Congressional Action. In the 109th Congress, §1119(m) of P.L. 109-59 (the
Transportation Equity Act) limited the expenditures to no more than $10 million annually
from the Highway Trust Fund for federal forest highways to repair, maintain, or remove
culverts and bridges to facilitate fish passage. H.R. 1615 would require a National Academy
of Sciences analysis of federal salmon recovery efforts and a Government Accountability
Office study of the effects of partially removing four lower Snake River dams, and would
authorize partial removal of these four dams under certain conditions. S. 232 proposes to
authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to assist
in implementing fish passage and screening facilities at non-federal water projects. On
March 10, 2005, the Committee on Energy and Natural Resources reported S. 232 (S.Rept.
109-31), and the Senate passed this measure on July 26, 2005. Section 3099(c)(2)(F) of S.
728, as reported (amended) by the Senate Committee on Environment and Public Works on
April 26, 2005 (S.Rept. 109-61), would authorize the FWS to manage bird colonies in the
proposed McNary National Wildlife Refuge, to reduce the loss of juvenile salmonids. On
May 24, 2005, the House Resources Subcommittee on Fisheries and Oceans held an
oversight hearing on the federal fish hatchery system. Section 4078 of H.R. 2864 would
require a feasibility study of fish passage improvements in Oregon; this bill was reported by
the House Committee on Transportation and Infrastructure (amended, with the Oregon fish
passage language now at §4083) on June 24, 2005 (H.Rept. 109-154); the House passed this
bill (amended) on July 14, 2005 (fish passage language now at §4085). S. 2012 would
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reauthorize the Yukon River Salmon Act through FY2010 (§302(b)), and amend and
reauthorize the Pacific Salmon Treaty Act through FY2010 (§302(d)). On April 4, 2006, the
Senate Committee on Commerce, Science, and Transportation reported (amended) S. 2012
(S.Rept. 109-229). Section 3 of H.R. 4686 would reauthorize the Anadromous Fish
Conservation Act through FY2012; the House Resources Subcommittee on Fisheries and
Oceans held a hearing on this bill on February 16, 2006, and it was reported (amended) on
April 27, 2006 (H.Rept. 109-444). Section 103 of S. 2432/H.R. 5006 would designate
salmon restoration areas in California. S. 2649/S. 2662/H.R. 5213 would provide emergency
disaster assistance to mitigate the economic losses caused by salmon fishery restrictions
along the California and Oregon coasts.
Miscellaneous Issues
Bankruptcy. Section 1007 of P.L. 109-8 extends similar protection to family
fishermen as currently applies to family farmers under Chapter 12 of bankruptcy laws.
Seafood Processing. Section 402 of P.L. 109-13 revises requirements for H-2B
visas allowing certain seasonal immigrant seafood processing workers to enter the United
States through October 1, 2006. S. 2284/H.R. 4740 would extend the revised visa
requirements of P.L. 109-13 through October 1, 2009; §7 of H.R. 5058 would provide for
market-based adjustment of annual non-immigrant visa numerical limitations. Section
203(a)(1) of H.R. 2870 would require the Labor Secretary to prohibit seafood processing
operations from employing minors.
State Management. Section 6036 of P.L. 109-13 reaffirms and clarifies the authority
of states to regulate certain hunting and fishing activities to distinguish between state
residents and non-residents.
Recreational Fishing. Funding of Aquatic Resources Trust Fund (ARTF) programs
was extended several times before a transportation bill was finally enacted — P.L. 109-14
(through June 30, 2005), P.L.109-20 (through July 19, 2005), P.L. 109-35 (through July 21,
2005), P.L. 109-37 (through July 27, 2005), P.L. 109-40 (through July 30, 2005), and P.L.
109-42 (through August 14, 2005). P.L. 109-59 (The Transportation Equity Act)
comprehensively amended and reauthorized the Sport Fish Restoration Program to
permanently appropriate boat safety funding and modify distribution of funds whereby all
accounts will annually receive a fixed percentage of the total fund revenue, eliminated the
ARTF to create a Sport Fish Restoration and Boating Trust Fund, and modified the excise
tax on certain sport fishing equipment. P.L. 109-74 funded sportfishing and boating safety
programs from the Highway Trust Fund through the end of FY2005. (For background on the
ARTF and its programs, see CRS Report RS22060, The Aquatic Resources Trust Fund, by
Eugene H. Buck.) H.R. 1351 and S. 548 would establish a grant program to encourage
private landowners to provide public access for fishing and other outdoor recreation. Section
5038(a) of H.R. 2864 would require a feasibility review of the Kings River (California)
Fisheries Management Program Framework Agreement; this bill was reported by the House
Committee on Transportation and Infrastructure (amended, with the Kings River language
now at §5045(a)) on June 24, 2005 (H.Rept. 109-154). The House passed H.R. 2864
(amended) on July 14, 2005, with the Kings River language at §5051(a). S.Con.Res. 66
would affirm congressional intent that fishing (and hunting) is to be permitted on public
lands in the National Wildlife Refuge System. As reported by the House Committee on
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Armed Services (H.Rept. 109-452) on May 5, 2006, §1036 of H.R. 5122 would direct the
Secretary of Defense to open more lands under Department of Defense jurisdiction to fishing
by certain individuals; this measure passed the House (amended) on May 11, 2006.
Hydropower and Water Projects. Section 241 of P.L. 109-58 (Energy Policy Act
of 2005) allows federal hydropower licensees to propose alternatives to fishways required
by the Federal Energy Regulatory Commission as long as the alternatives would not diminish
fish passage. S. 232 proposes to authorize the Secretary of the Interior, acting through the
Bureau of Reclamation, to assist in implementing fish passage and screening facilities at non-
federal water projects. On March 10, 2005, the Committee on Energy and Natural Resources
reported S. 232 (S.Rept. 109-31); the Senate passed this bill on July 26, 2005. Section
101(a)(7) of H.R. 737 would set a goal for Department of Energy hydropower programs to
decrease damage to fish and aquatic ecosystems. Section 201 of S. 753, §2027 of H.R. 2864,
and §6 of S. 2288 would amend the Water Resources Development Act of 1986 to modify
requirements for mitigating aquatic resource losses at Corps of Engineers projects. H.R.
2864 was reported by the House Committee on Transportation and Infrastructure (amended)
on June 24, 2005 (H.Rept. 109-154), and passed by the House (amended) on July 14, 2005.
On February 27, 2006, the House Committee on Resources held an oversight field hearing
on declining fish populations in the San Francisco Bay-San Joaquin Delta.
Invasive Species. S. 363 and Title VII of S. 1224 would amend the Nonindigenous
Aquatic Nuisance Prevention and Control Act (NANPCA) of 1990 to promote the
development and adoption of new ballast water treatment technologies and standards; on
November 16, 2005, the Senate Committee on Commerce, Science, and Transportation
reported (amended) S. 363 (S.Rept. 109-181). Section 12 of S. 793/H.R. 1636 would express
the sense of Congress that strong mandatory standards for ballast water be enacted. H.R.
1591, S. 770, H.R. 5030, and Title I of H.R. 5100/S. 2545 would reauthorize and amend
NANPCA to address ballast water management and other concerns. On June 15, 2005, the
Senate Committee on Commerce, Science, and Transportation’s National Ocean Policy
Study held a hearing on ballast water management and threats to coral reefs. On September
9, 2005, the House Committee on Government Reform’s Subcommittee on Regulatory
Affairs held a field hearing in Fair Haven, MI, on ballast water management. H.R. 4771
would amend NANPCA to require all vessels equipped with ballast water tanks to conduct
ballast water exchange or alternative management before entering any Great Lakes port. (For
background on ballast water management, see CRS Report RL32344, Ballast Water
Management to Combat Invasive Species, by Eugene H. Buck.) Section 7(d)(4) of H.R. 792
would allocate funds to the State of Illinois for a project to establish a permanent invasive
species barrier between the Mississippi River and Lake Michigan. S.Con.Res. 12 would
require that any agreement signed by the United States not preclude measures to combat
invasive species. S. 507 and H.R. 1593 would authorize and establish the National Invasive
Species Council. Section 4(b)(1)(C) of S. 508 would authorize Great Lakes Environmental
Restoration Grants for invasive species prevention and control. H.R. 1592 would authorize
various marine and freshwater research, development, and demonstration programs to
address invasive species concerns. The House Resources Subcommittee on Fisheries and
Oceans held a November 3, 2005, oversight hearing on invasive Asian carp in the Great
Lakes and Mississippi River System. H.R. 3049 and S. 1402 would amend the Lacey Act
to add four species of carp to the list of injurious species that are prohibited from being
imported or shipped; the House Committee on Resources ordered H.R. 3049 reported on
March 29, 2006. S. 1541 would establish a cooperative cost-shared grant program to control
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and mitigate the spread of invasive species on public lands; on November 2, 2005, the Senate
Energy and Natural Resources Subcommittee on Public Lands and Forests held a hearing on
this bill. H.R. 3468 would establish specific procedures to address invasive species concerns
in Hawaii.
Habitat Restoration. Section 121 (Title I, Corps of Engineers) of P.L. 109-103
authorizes certain activities related to the Middle Rio Grande Endangered Species Act
Collaborative Program beneficial to the silvery minnow. P.L. 109-183 reauthorized Upper
Colorado and San Juan River Basin endangered fish recovery programs. S. 218 would
amend the Food Security Act to authorize the Natural Resources Conservation Service to
establish a stream habitat improvement program, funded at $60 million annually for FY2006-
FY2008. S. 260/H.R. 2018 would expand the authorization of the Secretary of the Interior
to assist private landowners in restoring, enhancing, and managing fish habitat on private
land through the Partners for Fish and Wildlife Program; the Senate Committee on
Environment and Public Works reported S. 260 (amended) on June 22, 2005 (S.Rept. 109-
86), and the Senate passed S. 260 (amended) on June 27, 2005. On September 23, 2005, the
House Resources Subcommittee on Fisheries and Oceans held a hearing on S. 260 and H.R.
2018. Title V (Subtitle C) of S. 1224 would establish a program to restore fishery habitat
with annual authorized funding of $50 million through FY2010. S. 1540 would authorize
the Secretary of the Army and the Secretary of the Interior to establish a program to improve
water management and contribute to the recovery of the endangered silvery minnow in the
Middle Rio Grande, New Mexico. Section 501 of H.R. 4650 would authorize the
Environmental Protection Agency to award state grants for fishery habitat protection,
restoration, and enhancement. Section 109 of S. 2440 would require an outreach program
for commercial and recreational fishermen and boaters to reduce the risk of oil spills or
releases. S. 2422 would create a Coastal Conservation and Habitat Restoration Fund to
finance fishery habitat restoration.
Assistance. Section 101(b) (Title I, Chapter I) of P.L. 109-148 directs the Secretary
of Agriculture to pay as much as 90% of the costs of rehabilitating public and private oyster
reefs damaged by hurricanes. Section 104(b) of H.R. 27 proposes to amend the Workforce
Investment Act to specifically require state plans to discuss how states would address the
employment and training needs of dislocated fishermen. This bill was reported (amended)
by the House Committee on Education and the Workforce on February 25, 2005 (H.Rept.
109-9), with supplement report filed March 1, 2005 (H.Rept. 109-9, Part II). On March 2,
2005, the House passed H.R. 27, amended. Provisions in S. 1765/S. 1766/H.R. 3958 would
provide financial assistance to Louisiana fishermen and fishing vessel owners as well as
targeted assistance for menhaden and oyster fisheries; other funds would benefit fishery
infrastructure reconstruction, seafood marketing, and fishery habitat rehabilitation as well as
fund Coast Guard contracting of commercial fishing vessels to remove debris. Section 601
of H.R. 4330/S. 2009 would provide Louisiana, Mississippi, Alabama, and Florida with $10
million for oyster reef rehabilitation and $60 million for fishery disaster assistance. Section
105 of H.R. 3754/S. 1692 would provide assistance to New England fisheries harmed by red
tide. S. 1723 would authorize a $50 million grant program to maintain waterfront access for
commercial fishing and aquaculture. On December 15, 2005, the House Resources
Subcommittee on Fisheries and Oceans held an oversight hearing on the impact of
Hurricanes Katrina, Rita and Wilma on the Gulf Coast fishing industry, coastal communities,
and the marine environment. Section 2 of H.R. 4686 would reauthorize the
Interjurisdictional Fisheries Act through FY2012; the House Resources Subcommittee on
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Fisheries and Oceans held a hearing on this bill on February 16, 2006, and it was reported
(amended) on April 27, 2006 (H.Rept. 109-444). On March 21, 2006, the House Resources
Subcommittee on Fisheries and Oceans held an oversight field hearing in Gretna, LA, on
how the 2005 hurricanes affected fishery resources and associated communities. As reported
(amended) by the Senate Committee on Appropriations on April 5, 2006 (S.Rept. 109-230),
H.R. 4939 would delete the oyster recovery authority enacted by P.L. 109-148 and provide
$1.135 billion to NMFS for Gulf Coast fishery recovery from hurricane damage, including
oyster bed and shrimp ground rehabilitation, capacity and effort reduction, seafood
promotion, job retraining, damaged gear replacement, temporary service facilities, observers,
cooperative research, and redevelopment of support infrastructure; this funding includes $20
million for New England shellfish industry harmed by toxic red tide; the Senate passed H.R.
4939 (amended) on May 4, 2006. S. 2649/S. 2662/H.R. 5213 would provide emergency
disaster assistance to mitigate the economic losses caused by salmon fishery restrictions
along the California and Oregon coast.
Artificial Reefs. Section 3505 of P.L. 109-163 requires a strategy and implementation
plan to dispose of obsolete Maritime Administration vessels, including their use as artificial
reefs, and modifies terms for transferring obsolete government vessels for use as artificial
reefs. Section 6521(d) of H.R. 4241, as reported by the Committee on The Budget on
November 7, 2005 (H.Rept. 109-276) and §21 of H.R. 4761 would 1) amend the OCS Lands
Act to direct the Secretary of the Interior to issue regulations permitting the use of
decommissioned offshore oil and gas platforms as artificial reefs, and 2) require a study of
how the removal of offshore oil and gas platforms and other OCS facilities might affect
existing fish stocks and coral populations. On November 18, 2005, the House passed H.R.
4241, amended, with the artificial reef and coral language removed.
Oysters. Section 101(b) (Title I, Chapter I) of P.L. 109-148 directs the Secretary of
Agriculture to pay as much as 90% of the costs of rehabilitating public and private oyster
reefs damaged by hurricanes. S. 728, as reported (amended) by the Senate Committee on
Environment and Public Works on April 26, 2005 (S.Rept. 109-61), would specifically
authorize projects to restore and rehabilitate oyster beds, bars, reefs, and shellfish habitat in
Chesapeake Bay (§3095) and in Long Island Sound (§3064). H.R. 2864 would authorize a
study of oyster habitat restoration in Delaware Bay (§1005(5)) and increase the Corps of
Engineers authorization for constructing oyster habitat in Chesapeake Bay (§5017). H.R.
2864 was reported by the House Committee on Transportation and Infrastructure (amended)
on June 24, 2005 (H.Rept. 109-154), and passed by the House (amended) on July 14, 2005.
H.R. 3110 would amend the Endangered Species Act to treat distinct population segments
of the Eastern oyster as separate species. On July 19, 2005, the House Committee on
Resources held an oversightearing on the potential listing of the eastern oyster under the
Endangered Species Act. H.R. 3636 would suspend temporarily the duty on prepared or
preserved oysters, not smoked. Section 2(f) of S. 1494 would establish a stock enhancement
and habitat restoration program for Chesapeake Bay oysters.
Corals and Coral Reefs. On March 1, 2005, the House Resources Subcommittee
on Fisheries and Oceans held an oversight hearing on the Coral Reef Conservation Act of
2000. H.R. 1996 would amend the Foreign Assistance Act of 1961 to provide for debt relief
to developing countries that take action to protect critical coral reef habitats. H.R. 2376
would establish the Northwestern Hawaiian Islands National Marine Refuge; §7(c) of this
bill would compensate fishermen displaced by refuge creation. Title II (Subtitle A and §222
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of Subtitle B) of S. 1224, §211 of S. 2012, and §208 of H.R. 5051 would provide for
increased efforts to study and protect deep sea corals; on April 4, 2006, the Senate
Committee on Commerce, Science, and Transportation reported (amended) S. 2012 (S.Rept.
109-229). H.R. 2673 would place use restrictions on certain bottom trawling gear and
require federal studies to identify and map diverse bottom habitats. S. 1390 and H.R. 4788
would amend and reauthorize the Coral Reef Conservation Act of 2000. On June 15, 2005,
the Senate Committee on Commerce, Science, and Transportation’s National Ocean Policy
Study held a hearing on threats to coral reefs. The Senate Committee on Commerce,
Science, and Transportation reported S. 1390 (amended) on November 17, 2005 (S.Rept.
109-182), and the Senate passed this measure (amended) on December 15, 2005. H.R. 3469
would prohibit the import, export, and take of certain coral reef species. S. 1635/H.R. 3778
would designate areas where trawling is permitted to protect deep sea corals and sponges.
H.R. 318 would authorize a study on the feasibility of designating land including fringing
coral reef in the U.S. Virgin Islands as a unit of the National Park System; the House passed
this bill on November 15, 2005. On April 20, 2006, the Senate Committee on Energy and
Natural Resources reported H.R. 318 (S.Rept. 109-241).
International Fisheries. Section 103(4) of S. 600 would authorize $25,123,000 for
“International Fisheries Commissions” for FY2006, and such sums as may be necessary for
FY2007; S. 600 was reported by the Senate Committee on Foreign Relations on March 10,
2005 (S.Rept. 109-35). Section 103(4) of H.R. 2601 would authorize $25,123,000 for
“International Fisheries Commissions” for both FY2006 and FY2007. H.R. 2601 was
reported (amended) on July 13, 2005 (H.Rept. 109-168), and passed by the House (amended)
on July 20, 2005. Section 6054 of H.R. 1268, as passed by the Senate (amended) on April
21, 2005, would have encouraged the government of Ecuador to enforce laws, prohibit
destructive fishing, and discourage illegal fishing in the Galapagos Islands; however, this
language was deleted in conference (H.Rept. 109-72) and was not included in P.L. 109-13.
H.Con.Res. 168 would condemn the Democratic People’s Republic of Korea for abducting
and holding captive certain Korean and Japanese citizens, including fishermen; the House
passed the measure (amended) on July 11, 2005. Section 7 of H.R. 4686 would reauthorize
the Northwest Atlantic Fisheries Convention Act through FY2012; the House Resources
Subcommittee on Fisheries and Oceans held a hearing on this bill on February 16, 2006, and
it was reported (amended) on April 27, 2006 (H.Rept. 109-444).
Tuna. H.R. 629 would extend certain tax credits, beneficial to American Samoa tuna
canneries, through January 1, 2016. S. 599/H.R. 2816 would modify the duty treatment of
tuna to specifically identify tuna packed in pouches, and would eliminate duties on certain
tuna products imported from cited ASEAN nations. Section 405 of S. 2012 and §6 of H.R.
4686 would reauthorize the Atlantic Tunas Convention Act through FY2012; the House
Resources Subcommittee on Fisheries and Oceans held a hearing on H.R. 4686 on February
16, 2006, and this bill was reported (amended) on April 27, 2006 (H.Rept. 109-444). Title
V of S. 2012 would implement the Western and Central Pacific Fisheries Convention. On
April 4, 2006, the Senate Committee on Commerce, Science, and Transportation reported
(amended) S. 2012 (S.Rept. 109-229). As passed by the Senate, §218 of H.R. 889 would
allow U.S. tuna vessels operating out of American Samoa to use non-United States licensed
and documented personnel to meet manning requirements for four years; the conference
report (H.Rept. 109-413) on H.R. 889 adopted a modified Senate provision (§421).
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Seafood Safety. S. 131 would amend the Clean Air Act to promote research to
clarify the contribution of U.S. electricity generation to mercury contamination in fish and
seafood. Section 12 of S. 730 would amend the Clean Air Act to require the EPA
Administrator to evaluate and improve fish consumption advisories concerning mercury
contamination of fish. Section 102 of H.R. 1507/S. 729 would consolidate food safety and
inspection programs, including seafood inspection. Section 2 of H.R. 2235 would require
labels to specify that certain fish and shellfish products are raw or partially cooked; §3 of this
bill would require labels to specify that certain fish or shellfish products have been frozen.
On March 8, 2006, the House passed H.R. 4167 after amending it to prevent the National
Uniformity for Food Act from affecting any state action that establishes a notification
requirement regarding mercury in fish and shellfish.
Trade. Section 343(b) of S. 14 would authorize a program for trade adjustment
assistance to commercial fishermen, fish processors, and fishing communities. S. 270 would
establish a framework for legislative and executive consideration of unilateral economic
sanctions against foreign nations. H.R. 3363 would amend the Tariff Act of 1930 to repeal
drawback and refund of duty requirements relating to imported salt for curing fish. H.R.
3635 would suspend temporarily the duty on certain sardines in oil, in airtight containers,
neither skinned nor boned. H.R. 3636 would suspend temporarily the duty on prepared or
preserved oysters, not smoked. Section 301(b) of S. 1963 would clarify that commercial
fishermen are eligible for trade adjustment assistance.
Vessel Safety. Section 205 of S. 1280 would establish a pilot program for dockside
no fault/no cost safety and survivability examinations for uninspected commercial fishing
vessels; §216 of this bill would require the Coast Guard to continue to provide marine vessel
safety training and cold water immersion education and outreach programs for fishermen.
On July 28, 2005, the Senate Committee on Commerce, Science, and Transportation reported
(amended) S. 1280 (S.Rept. 109-114). On October 27, 2005, the Senate amended H.R. 889
to incorporate the language of S. 1280 and passed the amended H.R. 889. The conference
report (H.Rept. 109-413) on H.R. 889 adopted the Senate provision relating to cold water
safety education (§405). S. 1473 would amend the Internal Revenue Code to provide a
business credit against income for the purchase of fishing safety equipment. Section 333(b)
of S. 2766/S. 2767 and §312(b) of H.R. 5122 (as reported by the House Committee on
Armed Services on May 5, 2006) would require the Secretary of Defense to provide
information to NOAA to better identify hazards posed by military munitions disposed in the
ocean; S. 2766 was reported by the Senate Committee on Armed Services on May 9, 2006
(S.Rept. 109-254), as was S. 2767. The House passed H.R. 5122 (amended) on May 11,
2006.
Great Lakes. Section 4(b)(1)(D) of S. 508 would authorize state and local grants for
fish habitat improvement in the Great Lakes region. Title I of H.R. 2129 would reauthorize
various programs to restore fisheries and aquatic habitat in the Great Lakes. Section 5012
of H.R. 2864 would allow non-federal participants in Great Lakes fisheries restoration to
provide as much as 100% of their non-federal share through in-kind contributions. H.R.
2864 was reported by the House Committee on Transportation and Infrastructure (amended)
on June 24, 2005 (H.Rept. 109-154), and passed by the House (amended) on July 14, 2005.
S. 2430/H.R. 4953 would implement recommendations of the Great Lakes Fishery Resources
Restoration Study. H.R. 5089 would authorize the Great Lakes Fishery Commission to
investigate effects of migratory birds on fish stock productivity.
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Tax Provisions. Section 308 of S. 6 proposes to amend the Internal Revenue Code
to provide tax incentives for participation in the Fish and Wildlife Services’ “Partners for
Fish and Wildlife Program.” H.R. 629 would extend certain tax credits, beneficial to
American Samoa tuna canneries, through January 1, 2016. H.R. 3944 and §2 of H.R. 5058
would amend the Internal Revenue Code to allow fishermen a temporary credit against
income tax to offset high fuel costs. Section 203 of H.R. 3908 would amend the Internal
Revenue Code to exempt payments for certain landowner incentive programs that restore or
protect habitat from gross revenue.
Marine Debris. S. 362 and H.R. 3692 would establish NOAA and Coast Guard
programs to manage marine debris — including lost fishing gear — and address its adverse
impacts. The Senate Committee on Commerce, Science, and Transportation reported S. 362
(with amendment) on April 13, 2005 (S.Rept. 109-56), and the Senate passed this bill
(amended) on July 1, 2005. On September 29, 2005, the House Resources Subcommittee
on Fisheries and Oceans held a hearing on S. 362; the Committee reported this measure
(amended) on December 8, 2005 (H.Rept. 109-332, Part I).
Hypoxia. Section 5018 of H.R. 2864 authorizes the Corps of Engineers to participate
in Gulf of Mexico hypoxia assessment efforts. This bill was reported by the House
Committee on Transportation and Infrastructure (amended) on June 24, 2005 (H.Rept. 109-
154), and passed by the House (amended) on July 14, 2005. Section 105 of H.R. 4560
identifies the improvement of water quality in the Gulf of Mexico impaired by hypoxia as
eligible for funds from a Clean Water Trust Fund.
National Fish and Wildlife Foundation. H.R. 1428 would reauthorize the
National Fish and Wildlife Foundation. The House Resources Subcommittee on Fisheries
and Oceans held a hearing on this bill on April 26, 2005. This measure was reported
(amended) on June 8, 2005 (H.Rept. 109-112), and passed by the House (amended) on June
27, 2005. On August 31, 2005, the Senate Committee on Environment and Public Works
reported this bill (S.Rept. 109-127).
Marketing and Labeling. H.R. 710 would provide assistance for the construction,
improvement, and rehabilitation of farmers markets, including those selling local aquaculture
and commercial fishing products. S. 1300 would replace mandatory country-of-origin
labeling for seafood with a voluntary program. Section 2 of H.R. 3562/S. 1556 would make
the Specialty Crops Competitiveness Act applicable to wild harvested fish and shellfish.
Jones Act. Section 211 of S. 1280 would waive the Jones Act for certain foreign
vessels that have transported fish or shellfish in Maine waters; on June 23, 2005, the Senate
Committee on Commerce, Science, and Transportation reported S. 1280 (amended) on July
28, 2005 (S.Rept. 109-114). On October 27, 2005, the Senate amended H.R. 889 to
incorporate the language of S. 1280 and passed the amended H.R. 889. The conference
report (H.Rept. 109-413) on H.R. 889 adopted a modified Senate provision (§418).
Health Care. Section 2 of H.R. 525/S. 406 and §402 of H.R. 2203 would amend the
Employee Retirement Income Security Act of 1974 to authorize fishing industry associations
to provide health care plans for association members. On April 13, 2005, the House
Committee on Education and the Workforce reported H.R. 525 (H.Rept. 109-41); the House
passed this bill on July 26, 2005.
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Fishing Vessels. H.R. 1442 would complete codification of Title 46, U.S. Code,
including fishery endorsements for vessels and financial assistance; this bill was reported
(amended) July 14, 2005, by the House Committee on Judiciary (H.Rept. 109-170), and
passed by the House (amended) on November 16, 2005.
Dungeness Crab. Section 302(f) of S. 2012 and §5 of H.R. 4686 would reauthorize
and amend the Dungeness Crab Fishery Management Act through FY2012; the House
Resources Subcommittee on Fisheries and Oceans held a hearing on H.R. 4686 on February
16, 2006, and this bill was reported (amended) on April 27, 2006 (H.Rept. 109-444). On
April 4, 2006, the Senate Committee on Commerce, Science, and Transportation reported
(amended) S. 2012 (S.Rept. 109-229).
Saltonstall-Kennedy Act. Section 7 of H.R. 1431 and §356 of S. 1224 would
amend and modify fishery funding under the Saltonstall-Kennedy Act. For background, see
CRS Report RS21799, Saltonstall-Kennedy Fishery Funding, by Eugene H. Buck.
Capital Construction Fund. S. 343/H.R. 2174 would permit qualified withdrawals
from the Capital Construction Fund for fishermen leaving the industry and for the rollover
of Capital Construction Funds to individual retirement plans.
Climate Change. H.R. 759 and §609 of H.R. 2828 would require the Secretary of
Commerce to prepare a report on the observed and projected effects of climate change on
marine life, habitat, and commercial and recreational fisheries.
Aquaculture: Background and Issues
Aquaculture is broadly defined as the farming or husbandry of fish, shellfish, and other
aquatic animals and plants, usually in a controlled or selected environment. The diversity
of aquaculture is typified by such activities as: fish farming, usually applied to freshwater
commercial aquaculture operations (e.g., catfish and trout farms; see [http://www.usda.gov/
nass/pubs/stathigh/2002/livestock02.pdf]); shellfish and seaweed culture; net-pen culture,
used by the salmon industry, wherein fish remain captive throughout their lives in marine
pens built from nets; and ocean ranching, used by the Pacific Coast salmon industry, which
cultures juveniles, releases them to mature in the open ocean, and catches them when they
return as adults to spawn. The major statute affecting U.S. aquaculture is the National
Aquaculture Act of 1980, as amended (16 U.S.C. §2801, et seq.). For more information, see
CRS Report 97-436, Aquaculture and the Federal Role (Out of print. For copies, contact
author at gbuck@crs.loc.gov); and CRS Report RL32694, Open Ocean Aquaculture, by
Rachel Borgatti and Eugene H. Buck.
Miscellaneous Issues
Bankruptcy. Section 1007 of P.L. 109-8 extends similar protection to family
fishermen (including aquaculture operations) as currently applies to family farmers under
Chapter 12 of bankruptcy laws.
Fish Hatcheries. Section 6007 of P.L. 109-13 increases the authorization to $25
million for the design and construction of a multispecies fish hatchery at Fort Peck Lake,
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Montana. H.R. 537 would authorize specific activities wherein National Fish Hatchery
production would compensate for the impacts of federal water development projects on
aquatic resources. On May 24, 2005, the House Resources Subcommittee on Fisheries and
Oceans held an oversight hearing on the federal fish hatchery system. H.R. 4957 would
direct the Secretary of the Interior to convey the Tylersville division of the Lamar National
Fish Hatchery and Fish Technology Center to the State of Pennsylvania. H.R. 5061 would
direct the Secretary of the Interior to convey the Paint Bank National Fish Hatchery and
Wytheville National Fish Hatchery to the State of Virginia. H.R. 5381 would authorize a
volunteer program and community partnerships benefitting national fish hatcheries.
Assistance. S. 1316 would authorize the Small Business Administration to provide
emergency relief to shellfish growers affected by toxic red tide losses; the Senate passed this
bill on June 27, 2005. Section 2(g) of S. 1494 would authorize the Director of NOAA’s
Chesapeake Bay Office to make grants and enter into contracts that would promote
aquaculture development. S. 1636/H.R. 3702 would provide agricultural disaster assistance
to aquaculture producers that incurred losses for their 2005 crop due to damaging weather
or related conditions. Section 203 of H.R. 3809 and §101 of H.R. 4330/S. 2009 would
authorize payments of Commodity Credit Corporation funds for loss of aquaculture crops
due to a 2005 hurricane; §4 of S. 1804 would authorize payments of Commodity Credit
Corporation funds for any crop loss (including fisheries) due to a disaster. S. 1723 would
authorize a $50 million grant program to maintain waterfront access for commercial fishing
and aquaculture. Various Louisiana aquaculture operators harmed by Hurricane Katrina
would receive assistance in S. 1765/S. 1766/H.R. 3958 — §525 would provide a distribution
of antidumping duties collected on imported Chinese crawfish to benefit Louisiana crawfish
growers, a provision in Subtitle L would provide funds for alligator farmers, and provisions
in Subtitle D would fund oyster hatcheries and restoration of oyster beds and reefs. On
December 15, 2005, the House Resources Subcommittee on Fisheries and Oceans held an
oversight hearing on the impact of Hurricanes Katrina, Rita, and Wilma on the Gulf Coast
fishing industry, coastal communities, and the marine environment. Section 501(c)(1)(A)
of S. 2747 would authorize energy disaster emergency loans for small business aquaculture
operators suffering from increased energy costs.
Open Ocean Facilities. S. 796 and §162(b)(3) of S. 1224 would prohibit the
issuance of permits for marine aquaculture facilities in federal waters until requirements for
such permits are enacted. S. 1224 also would establish a coordinated agency program for
offshore permitting (§161), designate NOAA as the lead federal agency for marine
aquaculture (§162(b)(1)), and require regulations that prohibit marine aquaculture where it
would damage or alter seafloor habitat or alter water quality (§222). S. 1195 would authorize
the Secretary of Commerce to establish and implement a regulatory system for offshore
aquaculture in the U.S. Exclusive Economic Zone. Section 6521 of H.R. 4241, as reported
by the Committee on The Budget on November 7, 2005 (H.Rept. 109-276) and §21(b) of
H.R. 4761 would amend the OCS Lands Act to direct the Secretary of the Interior to issue
regulations permitting the use of decommissioned offshore oil and gas platforms for
aquaculture. On November 18, 2005, the House passed H.R. 4241 ( amended), with the
aquaculture provision removed. On April 6, 2006, the Senate Commerce Committee’s
National Ocean Policy Study held a hearing on offshore aquaculture. For additional
information on offshore aquaculture development, see CRS Report RL32694, Open Ocean
Aquaculture, by Rachel Borgatti and Eugene H. Buck.
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Marketing and Trade. H.R. 710 would provide financial assistance for the
construction, improvement, and rehabilitation of farmers markets, including those selling
products from local aquaculture and commercial fishing. The House Appropriations
Committee report (H.Rept. 109-102) on H.R. 2744 (FY2006 agriculture appropriations)
expresses concern about antibiotic contamination in imported farm-raised shrimp and
requests a report from the Food and Drug Administration on sampling of shrimp imports.
The House passed H.R. 2744 (amended) on June 8, 2005. S. 1300 would replace mandatory
country-of-origin labeling for fish and seafood with a voluntary program. Section 2 of H.R.
3562/S. 1556 would make the Specialty Crops Competitiveness Act applicable to farm-raised
fish and shellfish. H.R. 4879/S. 2411 would liquidate or reliquidate certain salmon entries
at Miami without antidumping duties or interest.
Genetic Modification. H.Amdt. 241, offered on H.R. 2744 (FY2006 agriculture
appropriations) and subsequently withdrawn, would have prohibited the use of FY2006 funds
for the approval or process of approval of an application for an animal drug for creating
transgenic salmon or any other transgenic fish. For additional information on genetically
engineered fish, see CRS Report RL32974, Genetically Engineered Fish and Seafood, by
Rachel Borgatti and Eugene H. Buck.
Oyster Hatcheries. Section 3095 of S. 728, as reported by the Senate Committee on
Environment and Public Works (amended) on April 26, 2005 (S.Rept. 109-61), would
specifically authorize projects to construct and upgrade oyster hatcheries in Chesapeake Bay.
Disease. S. 572 and S. 573 seek to improve the federal response to agricultural
diseases, including diseases at aquaculture operations. The Senate Committee on Homeland
Security and Governmental Affairs reported S. 572 (amended) on September 27, 2005.
National Marine Sanctuaries. Section 6(b) of S. 880/H.R. 1712 would prohibit
most aquaculture in the Gulf of the Farallones National Marine Sanctuary, the Cordell Bank
National Marine Sanctuary, and the Monterey Bay National Marine Sanctuary.
Invasive Species. Section 305 of H.R. 1591/S. 770 would require efforts to promote
voluntary cooperative compliance by aquaculture operators in screening, monitoring, and
control of aquatic invasive species.
Coral. Under certain conditions, H.R. 3469 would exempt aquaculture operations from
restrictions on coral handling and encourage cooperative aquaculture ventures to propagate
coral reef species.
Tax Provisions. H.R. 3874 would amend the Internal Revenue Code to provide for
tax-exempt qualified small issue bonds to finance aquacultural processing property.
Marine Mammals: Background and Issues
Due in part to dolphin mortality in the eastern tropical Pacific tuna purse-seine fishery,
Congress enacted the Marine Mammal Protection Act (MMPA) in 1972. The MMPA
established moratoria on (1) the “taking” of marine mammals in U.S. waters and by U.S.
nationals on the high seas and (2) the importation of marine mammals and products into the
United States. The MMPA expressly authorizes the Secretaries of the Interior and
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Commerce to issue permits for the “taking” of marine mammals for certain purposes, such
as scientific research and public display. Under the MMPA, the Secretary of Commerce,
acting through NMFS, is responsible for the conservation and management of whales,
dolphins, porpoises, seals, and sea lions, while the Secretary of the Interior, acting through
the Fish and Wildlife Service (FWS), is responsible for walruses, sea and marine otters, polar
bears, manatees, and dugongs. The MMPA authorizes the taking of marine mammals
incidental to commercial fishing operations.
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 of appropriations expired
on September 30, 1999.
Congressional Action. At issue for the 109th Congress will be the terms and
conditions of any provisions designed to reauthorize and amend the MMPA to address the
concerns of various interest groups. H.R. 2130 and H.R. 4075 propose various amendments
to the MMPA and authorize appropriations for several programs; the House Committee on
Resources reported H.R. 2130 (amended) on July 21, 2005 (H.Rept. 109-180). Title IV of
S. 1224 would amend the MMPA to encourage development of fishing gear less likely to
take marine mammals, expand fisheries required to participate in the MMPA incidental take
program to include recreational fisheries, and authorize appropriations for stock assessments
and observer programs; in addition, Title III (Subtitle C) would direct negotiation of
international agreements to better protect cetaceans from commercial fishing gear and
authorize a grant program to develop less harmful fishing gear. Section 206 of H.R. 2939
would transfer management of all marine mammals to NOAA. H.R. 3839 would 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. Section 25 of H.R. 3824, as passed by the House
(amended) on September 29, 2005, would declare that §7 consultation under the Endangered
Species Act is equivalent to a §101 incidental take authorization required under the MMPA
for dock building permits. For additional information on potential reauthorization issues in
the 109th Congress, see CRS Report RL30120, The Marine Mammal Protection Act:
Reauthorization Issues, by Eugene H. Buck.
Miscellaneous Issues
Habitat. S. 260/H.R. 2018 would expand the authorization of the Secretary of the
Interior to assist private landowners in restoring, enhancing, and managing marine mammal
habitat on private land through the Partners for Fish and Wildlife Program; the Senate
Committee on Environment and Public Works reported S. 260 (amended) on June 22, 2005
(S.Rept. 109-86), and the Senate passed S. 260 (amended) on June 27, 2005. On September
23, 2005, the House Resources Subcommittee on Fisheries and Oceans held a hearing on S.
260 and H.R. 2018.
Marine Debris. S. 362 and H.R. 3692 would establish NOAA and Coast Guard
programs to manage marine debris and address its adverse impacts. The Senate Committee
on Commerce, Science, and Transportation reported S. 362 (with amendment) on April 13,
2005 (S.Rept. 109-56), and the Senate passed this bill (amended) on July 1, 2005. On
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September 29, 2005, the House Resources Subcommittee on Fisheries and Oceans held a
hearing on S. 362; the Committee reported this measure (amended) on December 8, 2005
(H.Rept. 109-332, Part I).
Whaling. S.Con.Res. 33/H.Con.Res. 164 express the sense of the Congress regarding
the policy of the United States at the 57th Annual Meeting of the International Whaling
Commission. H.Con.Res. 267 would express the sense of Congress relating to Makah treaty
rights and whaling; the House Committee on Resources reported this measure (amended) on
November 10, 2005 (H.Rept. 109-283).
Ocean Noise. Section 402 of S. 1224 would amend the National Fish and Wildlife
Foundation Establishment Act to create a national ocean noise pollution research endowment
fund. For additional information on this issue, see CRS Report RL33133, Active Military
Sonar and Marine Mammals: Events and References, by Eugene H. Buck and Kori Calvert.
Polar Bear. S. 2013 would implement the Agreement on the Conservation and
Management of the Alaska-Chukotka Polar Bear Population; the Senate Committee on
Commerce, Science, and Transportation reported this measure on February 27, 2006 (S.Rept.
109-217).
Small Cetacean Kills. S.Res. 99 would express the sense of the Senate condemning
the commercial slaughter of small cetaceans by certain nations and supporting certain
policies at the 57th Annual Meeting of the International Whaling Commission.
Climate Change. H.R. 759 and §609 of H.R. 2828 would require a report on the
observed and projected effects of climate change on marine life and habitat.
Tuna-Dolphin. S. 270 would establish a framework for legislative and executive
consideration of unilateral economic sanctions against foreign nations.
Sea Otters. H.R. 2323 would promote southern sea otter recovery and research.
Canadian Sealing. S.Res. 33 urges Canada to end commercial seal hunting.
LEGISLATION
Fisheries: P.L. 109-8 (S. 256); P.L. 109-13 (H.R. 1268); P.L. 109-14 (H.R. 2566); P.L. 109-
20 (H.R. 3104); P.L. 109-35 (H.R. 3332); P.L. 109-37 (H.R. 3377); P.L. 109-40 (H.R. 3453);
P.L. 109-42 (H.R. 3512); P.L. 109-58 (H.R. 6); P.L. 109-59 (H.R. 3); P.L. 109-74 (H.R.
3649); P.L. 109-103 (H.R. 2419); P.L. 109-108 (H.R. 2862); P.L. 109-148 (H.R. 2863); P.L.
109-163 (H.R. 1815); and P.L. 109-183 (S. 1578).
H.Con.Res. 164 (Delahunt); H.Con.Res. 168 (Hyde); H.R. 27 (McKeon); H.R. 318
(Christensen); H.R. 525 (Sam Johnson); H.R. 629 (Faleomavaega); H.R. 685
(Sensenbrenner); H.R. 710 (Kaptur); H.R. 731 (Udall); H.R. 737 (Woolsey); H.R. 759
(Gilchrest); H.R. 792 (Emanuel); H.R. 889 (Young of Alaska); H.R. 996 (Thomas); H.R.
1351 (Pomeroy); H.R. 1428 (Pombo); H.R. 1431 (Rahall); H.R. 1507 (DeLauro); H.R. 1591
(Gilchrest); H.R. 1592 (Ehlers); H.R. 1593 (Ehlers); H.R. 1615 (McDermott); H.R. 1636
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(Farr); H.R. 1640 (Barton); H.R. 1996 (Kirk); H.R. 2018 (Sullivan); H.R. 2059 (Pallone);
H.R. 2112 (Issa); H.R. 2129 (Ehlers); H.R. 2174 (Capps); H.R. 2203 (Shadegg); H.R. 2235
(Pallone); H.R. 2376 (Case); H.R. 2601 (Smith of New Jersey); H.R. 2673 (Hefley); H.R.
2816 (Neal); H.R. 2828 (Inslee); H.R. 2864 (Young of Alaska); H.R. 2870 (Lantos); H.R.
3049 (Green of Wisconsin); H.R. 3110 (Jindal); H.R. 3153 (Cubin); H.R. 3278 (Allen); H.R.
3363 (Brady of Texas); H.R. 3468 (Case); H.R. 3469 (Case); H.R. 3562 (Hooley); H.R. 3635
(Tauscher); H.R. 3636 (Tauscher); H.R. 3692 (Pallone); H.R. 3754 (Pomeroy); H.R. 3778
(Shaw); H.R. 3809 (Peterson of Minnesota); H.R. 3908 (Blunt); H.R. 3944 (Allen); H.R.
3958 (Melancon); H.R. 4167 (Rogers of Michigan); H.R. 4241 (Nussle); H.R. 4330 (Diaz-
Balart); H.R. 4560 (Duncan); H.R. 4686 (Gilchrest); H.R. 4740 (Bass); H.R. 4771 (Kirk);
H.R. 4788 (Faleomavaega); H.R. 4879 (Michaud); H.R. 4939 (Lewis of California); H.R.
4940 (Frank); H.R. 4953 (Kildee); H.R. 4957 (Peterson of Pennsylvania); H.R. 5006 (Solis);
H.R. 5018 (Pombo); H.R. 5030 (Miller of Michigan); H.R. 5051 (Gilchrest); H.R. 5058
(Allen); H.R. 5061 (Boucher); H.R. 5089 (Stupak); H.R. 5100 (Ehlers); H.R. 5122 (Hunter);
H.R. 5213 (Thompson of California); S.Con.Res. 12 (Feingold); S.Con.Res. 66 (Vitter); S.
6 (Santorum); S. 10 (Domenici); S. 14 (Stabenow); S. 131 (Inhofe); S. 218 (Kohl); S. 232
(Smith); S. 260 (Inhofe); S. 270 (Lugar); S. 339 (Reid); S. 343 (Wyden); S. 352 (Mikulski);
S. 362 (Inouye); S. 363 (Inouye); S. 406 (Snowe); S. 421 (Lott); S. 507 (DeWine); S. 508
(DeWine); S. 548 (Conrad); S. 599 (Kerry); S. 600 (Lugar); S. 728 (Bond); S. 729 (Durbin);
S. 730 (Leahy); S. 732 (Inhofe); S. 753 (Feingold); S. 770 (Levin); S. 793 (Durbin); S. 797
(Murkowski); S. 1224 (Boxer); S. 1230 (Grassley); S. 1280 (Snowe); S. 1300 (Santorum);
S. 1390 (Inouye); S. 1402 (DeWine); S. 1473 (Collins); S. 1494 (Sarbanes); S. 1540
(Domenici); S. 1541 (Akaka); S. 1549 (Smith); S. 1556 (Wyden); S. 1567 (Stevens); S. 1635
(Lautenberg); S. 1692 (Conrad); S. 1723 (Collins); S. 1765 (Landrieu); S. 1766 (Vitter); S.
1837 (Reed); S. 1963 (Baucus); S. 2009 (Martinez); S. 2012 (Stevens); S. 2029 (Stevens);
S. 2284 (Mikulski); S. 2288 (Feingold); S. 2411 (Snowe); S. 2422 (Vitter); S. 2430
(DeWine); S. 2432 (Boxer); S. 2545 (DeWine); S. 2649 (Boxer); S. 2662 (Smith); S. 2766
(Warner); and S. 2767 (Warner).
Aquaculture: P.L. 109-8 (S. 256) and P.L. 109-13 (H.R. 1268).
H.R. 537 (Deal); H.R. 685 (Sensenbrenner); H.R. 710 (Kaptur); H.R. 1591 (Gilchrest);
H.R. 1712 (Woolsey); H.R. 2744 (Bonilla); H.R. 3469 (Case); H.R. 3562 (Hooley); H.R.
3702 (Berry); H.R. 3874 (Fortenberry); H.R. 3958 (Melancon); H.R. 4241 (Nussle); H.R.
4330 (Diaz-Balart); H.R. 4761 (Jindal); H.R. 5381 (Saxton); S. 572 (Akaka); S. 573 (Akaka);
S. 728 (Bond); S. 770 (Levin); S. 796 (Murkowski); S. 880 (Boxer); S. 1195 (Stevens); S.
1224 (Boxer); S. 1300 (Santorum); S. 1316 (Snowe); S. 1494 (Sarbanes); S. 1556 (Wyden);
S. 1636 (Durbin); S. 1723 (Collins); S. 1765 (Landrieu); S. 1766 (Vitter); S. 1804 (Lincoln);
S. 2009 (Martinez); and S. 2747 (Bingaman).
Marine Mammals: P.L. 109-108 (H.R. 2862).
H.Con.Res. 267 (Pombo); H.R. 759 (Gilchrest); H.R. 2018 (Sullivan); H.R. 2130
(Gilchrest); H.R. 2323 (Farr); H.R. 2939 (Weldon); H.R. 3692 (Pallone); H.R. 3824
(Pombo); H.R. 3839 (Young of Alaska); H.R. 4075 (Pombo); S.Con.Res. 33 (Snowe); S.Res.
33 (Levin); S.Res. 99 (Lautenberg); S. 260 (Inhofe); S. 270 (Lugar); S. 362 (Inouye); S. 1224
(Boxer); and S. 2013 (Stevens).
CRS-16