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

resources in the open ocean and nearshore

coastal areas. A diverse body of laws and

regulations guides the management of these

resources by a multitude of federal agencies.

Reauthorization of major legislation in

this issue area — the Magnuson-Stevens

Fishery Conservation and Management Act

(MSFCMA) and the Marine Mammal Protection Act (MMPA) — was on the agenda of the

107th Congress, since the authorization of

appropriations for both laws expired at the end

of FY1999.

In the 107th Congress,

reauthorization bills were introduced in the

House — H.R. 2570 and H.R. 4749 on the

MSFCMA, and H.R. 4781 on the MMPA, and

oversight hearings were held in both Chambers. H.R. 4749 was reported to the House,

while H.R. 4781 was marked up in Subcommittee.

Commercial and sport fishing are jointly

managed by the federal government and individual states. Beyond state jurisdiction and

out to 200 miles, the federal government

manages fisheries under the authority of the

MSFCMA through the actions of eight regional fishery management councils. Beyond

200 miles, the United States participates in a

multitude of international agreements relating

to specific areas or species.

Legislation related to commercial and

sport fisheries enacted by the 107th Congress

provided funding for capacity reduction programs for New England fisheries; modified

terms of the American Fisheries Act; extended

state authority to manage West Coast Dungeness crab; required a report on efforts to expand the promotion, marketing, and purchas-

Congressional Research Service

ing of pouched and canned salmon harvested

and processed in the United States; authorized

a feasibility study of fish passage at Chiloquin

Dam, OR; authorized the waiver of state

fishing regulations at military facilities; extended the interstate compact relating to Atlantic salmon restoration for 20 years; extended Coast Guard fishing vessel safety

programs; and extended priorities for National

Sea Grant College Program competitive grant

awards.

Aquaculture — the farming of fish,

shellfish, and other aquatic animals and plants

in a controlled environment — is expanding

rapidly, both in the United States and abroad.

In the United States, important species cultured include catfish, salmon, crawfish, shellfish, and trout.

Legislation related to

aquaculture enacted by the 107th Congress

extended authorization for aquaculture research facilities, reauthorized the National

Aquaculture Act, defined what fish may be

labeled and advertized as catfish, and required

the labeling of both farm-raised and wild fish

as to country of origin and to distinguish

between wild and farm-raised fish.

Marine mammals are protected under the

MMPA. This Act authorizes restricted use

(“take”) of marine mammals and addresses

specific situations of concern, such as dolphin

mortality primarily associated with the eastern

tropical Pacific tuna fishery.

Legislation enacted by the 107th Congress

related to marine mammals required the National Park Service to prepared an environmental impact statement on vessel entries to

Glacier Bay National Park to assess possible

impacts on whale populations.

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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. 107299 (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 MagnusonStevens 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 farmraised 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. 107160, 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 farmraised 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)

Fisheries

FY2001

Request

FY2001

Enacted

FY2002

Request

FY2002

Enacted

FY2003

Request

FY2003

S.Rept.

(S. 2778)

429,426

376,921

598,036

342,671

348,826

277,039

Protected

Resources

143,600

150,660

157,220

111,271

Habitat

Conservation

48,193

44,545

46,415

40,151

Enforcement

Surveillance

38,500

41,320

50,994

47,145

Base

not ident.

not ident.

not ident.

not ident.

not ident.

112,246

Acquisition of

Data

25,944

26,841

0

0

0

0

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

Replacement

—

8,282

0

0

0

50,874

Pacific

Coastal

Salmon

Recovery

100,000

89,803

90,000

110,000

90,000

95,000

Pacific

Salmon

Treaty

60,000

19,956

20,000

47,419

20,000

20,000

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FY2001

Request

FY2001

Enacted

FY2002

Request

FY2002

Enacted

FY2003

Request

FY2003

S.Rept.

(S. 2778)

Other

Accounts

19,691

9,362

11,475

1,430

10,781

1,145

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. 107117 (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).

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