Fishery, Aquaculture, and Marine Mammal Legislation in the 108th Congress

Order Code IB10109

CRS Issue Brief for Congress

Received through the CRS Web

Fishery, Aquaculture, and Marine Mammal

Legislation in the 108th Congress

Updated January 7, 2005

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 108th Congress

SUMMARY

Fish and marine mammals are important

resources in open ocean and nearshore coastal

areas. Commercial and sport fishing are

jointly managed by the federal government

and individual states. Many laws and regulations guide the management of these resources

by federal agencies.

Reauthorization of major legislation —

the Magnuson-Stevens Fishery Conservation

and Management Act (MSFCMA) and the

Marine Mammal Protection Act (MMPA) —

was on the agenda of the 108th Congress, since

the authorization of appropriations for both

laws expired at the end of FY1999.

In the 108th Congress, P.L. 108-7 created

a West Coast Groundfish Fishing Capacity

Reduction Program, directed NOAA Fisheries

to establish a Regional Office for the Pacific

Area, required increased legal and fiscal

accountability for Pacific salmon recovery,

and provided $100 million in fishery disaster

funding. P.L. 108-11 directed the Secretary of

Agriculture to promulgate regulations allowing wild seafood to be certified or labeled as

organic. P.L. 108-136 reauthorized the Sikes

Act through FY2008 and authorized certain

vessels for use as artificial reefs. P.L. 108-199

rationalized certain Alaska crab fisheries and

instituted processor quotas. P.L. 108-219

reauthorized the Yukon River Salmon Act

through FY2008. P.L. 108-287 made Department of Defense Buy American requirements

permanently inapplicable to the procurement

of fish, shellfish, and seafood. P.L. 108-293

increased consultation on fishery law enforcement. H.R. 4706, S. 482, and S. 2066 were

introduced to reauthorize and comprehensively amend the MSFCMA.

Congressional Research Service

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, shellfish, and

trout. In the 108th Congress, P.L. 108-293

authorized interim assistance to aquaculture

operators awaiting the recovery of damages

for oil spill injuries.

Marine mammals are protected under the

MMPA, which authorizes restricted use

(“take”) of marine mammals. It addresses

specific situations of concern, such as dolphin

mortality, which is primarily associated with

the eastern tropical Pacific tuna fishery. In the

108th Congress, P.L. 108-7 directed the Department of Commerce to evaluate and document foreign compliance with the International Dolphin Conservation Program. P.L.

108-108 modified the MMPA to permit the

importation of polar bears harvested prior to

the enactment of final regulations. P.L. 108136 modified the MMPA’s definition of

harassment and provisions relating to taking

marine mammals as they relate to military

readiness activities and federal scientific

research. P.L. 108-293 required studies of

routing options to reduce vessel strikes on

North Atlantic right whales. H.R. 2693 and

H.R. 3316 were the only bills introduced to

reauthorize and comprehensively amend the

MMPA; H.R. 2693 was reported by the House

Committee on Resources on April 20, 2004.

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MOST RECENT DEVELOPMENTS

On December 17, 2004, the Bush Administration released its “Oceans Action Plan”

responding to recommendations of the U.S. Commission on Ocean Policy. On December

10, 2004, President Bush signed P.L. 108-456, amending and reauthorizing the Harmful

Algal Bloom and Hypoxia Research and Control Act through FY2008. On December 8,

2004, President Bush signed P.L. 108-447, in which separate provisions (1) authorized

capacity reduction funding for the Southeast Alaska purse seine salmon fishery ($50 million;

§209, Division B), the Gulf of Mexico reef fish longline fishery ($35 million; §218, Division

B), the Bering Sea Aleutian Island non-pollock groundfish fishery ($75 million; §219(b),

Division B), the U.S. distant water tuna fleet ($40 million; Fisheries Finance Program

Account, Division B), and the menhaden fishery ($19 million; Fisheries Finance Program

Account, Division B); (2) increased coordination of interagency ocean science programs,

including U.S. research and monitoring programs related to seafood safety and identified

hypoxia and harmful algal blooms as important in addressing the role of oceans in human

health (Title IX, Division B); and (3) established a Nez Perce Tribe Water and Fisheries Fund

and a Salmon and Clearwater River Basins Habitat Fund to protect and restore ESA-listed

fish (§§8-9, Title X, Division J). On December 3, 2004, President Bush signed P.L. 108-429,

in which §2004(e) amends the Andean Trade Preference Act to modify the definition of

“United States vessel” relative to tuna harvesting. On November 21, 2004, the Senate passed

S. 2488 (amended), proposing to authorize a NOAA program to address marine debris, with

particular emphasis on reducing and preventing commercial fishing gear loss. (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 MagnusonStevens 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

fisheries in inshore and coastal waters (generally within 3 miles of the coast). Interstate

coordination occurs through three (Atlantic, Gulf, and Pacific) interstate marine fishery

commissions, created by congressionally-approved 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

NOAA Fisheries (formerly the National Marine Fisheries Service; see [http://www.nmfs.

noaa.gov/]) within the National Oceanic and Atmospheric Administration (NOAA) of the

Department of Commerce. The 200-mile fishery conservation zone was superseded by a

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200-mile Exclusive Economic Zone (EEZ), proclaimed by President Reagan in 1983

(Presidential Proclamation 5030).

Magnuson-Stevens Act Reauthorization

Background. The Magnuson-Stevens Act (MSFCMA) was last reauthorized in 1996

by P.L. 104-297, the Sustainable Fisheries Act; 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.

Congressional Action. At issue for the 108th Congress were the terms and

conditions of provisions designed to reauthorize and amend the MSFCMA to address the

concerns of various interests. Three bills, H.R. 4706, S. 482 and S. 2066, were introduced

to comprehensively amend and reauthorize the MSFCMA. The Senate Commerce

Subcommittee on Oceans, Fisheries, and Coast Guard held hearings on S. 2066 on June 15

and September 14, 2004. No reauthorization bill was reported.

P.L. 108-7 included provisions creating a West Coast Groundfish Fishing Capacity

Reduction Program, directing NOAA Fisheries to establish a Regional Office for the Pacific

Area, and providing $100 million in fishery disaster funding. Section 801 (Division B) of

P.L. 108-199 directed the Secretary of Commerce to approve the Bering Sea and Aleutian

Islands crab rationalization program, including individual processor quota; §802 established

a Gulf of Alaska rockfish demonstration program; and §803 reopened an Aleutian Islands

pollock fishery. Also included in P.L. 108-199, §105 (Division H) prohibited the spending

of FY2004 funds to implement new regulations to reduce overfishing and rebuild fish stocks

off New England. Section §304 of P.L. 108-219 repealed the P.L. 108-199 prohibition on

FY2004 New England fisheries expenditures; in addition, §401 of P.L. 108-219 amended the

MFCMA to recognize the Pacific Albacore Treaty with Canada. Section 224 of P.L. 108293 requires the Coast Guard and NOAA to (1) improve consultations with each other and

with state and local authorities in coordinating fishery law enforcement and (2) submit

annual summary reports on fisheries law enforcement. P.L. 108-447 authorized capacity

reduction funding for the Southeast Alaska purse seine salmon fishery ($50 million; §209,

Division B), the Gulf of Mexico reef fish longline fishery ($35 million; §218, Division B),

the Bering Sea Aleutian Island non-pollock groundfish fishery ($75 million; §219(b),

Division B), the U.S. distant water tuna fleet ($40 million; Fisheries Finance Program

Account, Division B), and the menhaden fishery ($19 million; Fisheries Finance Program

Account, Division B).

S. 2197 and §1825 of H.R. 3550 (as passed by the House (amended) on April 2, 2004)

would have clarified the status of certain communities in the western Alaska community

development quota (CDQ) program. On May 19, 2004, the Senate passed H.R. 3550 after

amending it to incorporate the language of S. 1072 (excluding the provision on the CDQ

program); this measure died in conference. Section 201 of H.R. 958 would have

reauthorized the Fisheries Survey Vessel Authorization Act of 2000 through FY2006. The

House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans held a

hearing on H.R. 958 on March 27, 2003; the House Committee on Resources reported this

measure (amended) on November 21, 2003 (H.Rept. 108-400). On March 23, 2004, the

House passed H.R. 958 (amended). On May 20, 2003, the Senate Commerce Committee’s

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Subcommittee on Oceans, Fisheries, and Coast Guard held a hearing on the North Pacific

Fishery Management Council’s crab rationalization program. On October 22, 2003, the

Senate Commerce Subcommittee on Oceans, Fisheries, and Coast Guard held an oversight

hearing on the condition of New England groundfish fisheries. On June 16, 2004, the House

Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans held an oversight

hearing on fishery data collection programs.

H.R. 1024 would have established a pelagic longline highly migratory species bycatch

and mortality reduction research program within NOAA Fisheries. H.R. 1286 would have

prohibited the commercial harvesting of Atlantic striped bass in U.S. coastal waters and the

EEZ. H.R. 1690 would have prohibited certain bottom trawl gear to protect habitat and

provide financial assistance to fishermen for transition to different gear. S. 781 would have

modified membership of the Gulf of Mexico Regional Council; H.R. 2679/S. 1463 of the

New England Regional Council; and S. 1624 of the Mid-Atlantic Regional Council. H.R.

2889 would have directed the Secretary of Commerce to study fishery observer data to map

migratory patterns and delineate wintering and feeding areas of Atlantic striped bass. H.R.

2890, S. 2244, and Title II of H.R. 4959 would have restricted the federal government’s

ability to close areas to recreational fishing under the MSFCMA. S. 1953 would have

established management areas to protect specific deep sea corals. Title I of H.R. 4100 would

have provided grants to coastal states and counties for cooperative fishery data collection,

habitat conservation, enforcement, management, and planning. S. 1106 and H.R. 2621

would have established national standards for fishing quota systems. H.R. 3645 would have

modified the definition of “essential fish habitat” and modified MSFCMA measures to

rebuild overfished fisheries. For more information on various MSFCMA reauthorization

issues, see CRS Report RL30215, The Magnuson-Stevens Fishery Conservation and

Management Act: Reauthorization Issues.

Pacific Salmon

Background. Five salmon species spawn in Pacific drainages, 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 span, 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, 27 discrete population units have

been listed as endangered or threatened species under the Endangered Species Act.

Congressional Action. In the 108th Congress, provisions included in P.L. 108-7

required increased legal and fiscal accountability for Pacific salmon recovery. Section 303

of P.L. 108-219 reauthorized the Yukon River Salmon Act through FY2008. Section 9

(Division J, Title X) of P.L. 108-447 established a Salmon and Clearwater River Basins

Habitat Fund to protect and restore ESA-listed fish.

Section 4021 of H.R. 2557 would have required a feasibility study of fish passage

improvements in Oregon; this measure was reported (amended, with the fish passage

language in §4024) by the Committee on Transportation on September 5, 2003 (H.Rept. 108265), and passed by the House (amended, with the fish passage language in §4027) on

September 24, 2003. H.R. 1945 would have authorized the Secretary of Commerce to

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financially assist salmon habitat restoration projects; the House Committee on Resources

reported this bill (amended) on September 16, 2003 (H.Rept. 108-272). S. 1308 would have

authorized the Bureau of Reclamation and NOAA Fisheries to implement a recent court

decision relating to the Savage Rapids Dam, Oregon; the Committee on Energy and Natural

Resources Subcommittee on Water and Power held a hearing on this bill on October 15,

2003. On June 4, 2003, the Senate Committee on Indian Affairs held a hearing on the

impacts on tribal fish and wildlife management programs in the Pacific Northwest. On June

24, 2003, the Senate Committee on Environment and Public Works held a hearing to

examine implementation of NOAA Fisheries’ 2000 Biological Opinion for listed

anadromous fish with regard to operation of the Federal Columbia River Power System.

H.R. 1097 would have directed the Secretary of Commerce to seek scientific analysis

of federal efforts to restore Columbia River Basin salmon and steelhead listed under the

ESA. H.R. 1604 would have increased the funding authorized for temperature control

devices at Folsom Dam, California. H.R. 1760 would have established water conservation

and habitat restoration programs in the Klamath River basin and provided emergency disaster

assistance to those who suffered economic harm from the Klamath Basin fish kill of 2002.

H.R. 1753/S. 1438 would have compensated the Spokane Tribe for the loss of salmon

fisheries related to the construction of Grand Coulee Dam; the Senate Committee on Indian

Affairs reported S. 1438 (amended) on October 8, 2004 (S.Rept. 108-397). Section 103 of

S. 1555/H.R. 3327 would have designated “salmon restoration areas” in northern California.

S. 2788 would have reauthorized and amended the Pacific Salmon Coastal Recovery Fund.

For background on these issues, see CRS Report 98-666 ENR, Pacific Salmon and

Anadromous Trout: Management Under the Endangered Species Act and CRS Report

RL31546, The Endangered Species Act and Science: The Case of Pacific Salmon.

Miscellaneous Issues

Seafood Labeling. Section 2105 of P.L. 108-11 amended the Organic Foods

Production Act of 1990 to direct the Secretary of Agriculture to promulgate regulations

allowing wild seafood to be certified or labeled as organic. H.R. 4576 would have amended

the Agricultural Marketing Act to make country-of-origin labeling voluntary; this measure

was ordered reported (amended) by the House Committee on Agriculture on July 22, 2004.

On October 1, 2003, the House Agriculture Subcommittee on Livestock and Horticulture

held an oversight hearing to review mandatory country-of-origin labeling. H.R. 3083 would

have modified the country-of-origin labeling requirements for wild and farm-raised fish.

Trade. Section 8118 of P.L. 108-87 made Department of Defense Buy American

requirements inapplicable to the procurement of fish, shellfish, or seafood products during

FY2004; §8118 of P.L. 108-287 made this provision permanent. H.R. 155/H.R. 2406 would

have modified U.S. subsidies beneficial to certain foreign competitors with the domestic

shrimp industry. Section 3 of S. 1110/S. 1299/H.R. 2308/H.R. 5030 and §102 of S. 1884

would have authorized a program for trade adjustment assistance to commercial fishermen,

fish processors, and fishing communities. For background on the shrimp trade dispute, see

CRS Report RS21776, Shrimp Trade Dispute: Chronology.

Recreational Fishing. Section 1013 of P.L. 108-136 authorized the transfer of

vessels stricken from the Naval Vessel Register for use as artificial reefs. Provisions in P.L.

108-357 reduce the excise tax on fishing tackle boxes from 10% to 3% (§333) and repeal the

excise tax on sonar fish finders (§334).

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Section 7501 of H.R. 2088/S. 1072 would have extended the current allocation of

funding for the Sport Fish Restoration Program through FY2009; §9007 would have

extended the transfer of small-engine fuel taxes to the Sport Fish Restoration Account

through FY2011. The Committee on Environment and Public Works Subcommittee on

Transportation and Infrastructure held a hearing on S. 1072 on May 20, 2003; the Committee

on Commerce, Science, and Transportation’s Subcommittee on Competition, Foreign

Commerce, and Infrastructure held a hearing on this bill on May 22, 2003. On January 9,

2004, S. 1072 was reported by the Committee on Environment and Public Works (S.Rept.

108-222), amended to comprehensively amend and reauthorize the Sport Fish Restoration

Program in Title IV. On February 12, 2004, the Senate passed S. 1072 (amended to place

the Sport Fish Program language in Title V, Subtitle E, Part II). Section 9101 of H.R. 3550

(as passed by the House (amended) on April 2, 2004) would have extended the current

allocation of funding for the Sport Fish Restoration Program through FY2009 and extended

the transfer of small-engine fuel taxes to the Sport Fish Restoration Account through

FY2011. On May 19, 2004, the Senate passed H.R. 3550 after amending it to incorporate

the language of S. 1072. H.R. 3550 died in conference. S. 1804 and Title V of S. 1978

would have comprehensively amended and reauthorized the Sport Fish Restoration Program

through FY2009; S. 1978 was reported by the Committee on Commerce, Science, and

Transportation on November 25, 2003 (S.Rept. 108-215).

H.Res. 30 would have expressed concern for continued U.S. recreational fishing access

to waters near the Revillagigedo Islands of Mexico; the House Resources Subcommittee on

Fisheries Conservation, Wildlife, and Oceans held a hearing on this bill on May 22, 2003,

and it was reported on July 9, 2003 (H.Rept. 108-194). H.Res. 362, as passed by the House

on September 23, 2003, recognized the importance and contribution of fishing and other

outdoor sports to society; a similar measure, S.Res. 279, was not acted upon by the Senate.

H.R. 2890, S. 2244, and Title II of H.R. 4959 would have limited the federal

government’s ability to close areas to recreational fishing under the MSFCMA. H.R. 3482/S.

1840 would have established a grant program to encourage private landowners to provide

public access for fishing and other outdoor recreation. H.Con.Res. 382 would have affirmed

that the intent of Congress was to allow hunting and fishing on public lands within the

National Wildlife Refuge System. Title II of S. 1962 would have created a Sport Fish

Restoration Trust Fund and modified the excise tax on certain sport fishing equipment. H.R.

2839 would have amended the Internal Revenue Code to modify the transfer of motor fuel

excise taxes attributable to motorboat and small engine fuels into the Aquatic Resources

Trust Fund.

Habitat on Military Lands. Section 311 of P.L. 108-136 reauthorized Title I of the

Sikes Act through FY2008.

Invasive Species. P.L. 108-137 funded the Army Corps of Engineers’ preparation

of an environmental impact statement for introducing non-native oysters into Chesapeake

Bay, with authorization for a scientific advisory body to assist the review. P.L. 108-412 did

not include provisions initially proposed that would have excluded state funding for noxious

aquatic weed control from a noxious weed control program. Section 1006 of H.R. 2557

would have directed the Army Corps of Engineers to study several projects to address

invasive aquatic plant situations; this measure was reported (amended) by the Committee on

Transportation on September 5, 2003 (H.Rept. 108-265), and passed by the House (amended)

on September 24, 2003. H.R. 1081 would have established marine and freshwater research,

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development, and demonstration programs to prevent, control, and eradicate invasive

species; the House Committee on Science reported this bill (amended) on October 20, 2003

(H.Rept. 108-324, Part I). S. 525 would have amended and reauthorized NANPCA through

FY2008 and established marine and freshwater research, development, and demonstration

programs; the Senate Environment and Public Works Subcommittee on Fisheries, Wildlife,

and Water held a hearing on June 17, 2003. On April 29, 2003, the House Resources

Subcommittee on Fisheries Conservation, Wildlife, and Oceans and Subcommittee on

National Parks, Recreation, and Public Lands held a joint oversight hearing on invasive

species. On October 14, 2003, the House Resources Subcommittee on Fisheries

Conservation, Wildlife, and Oceans held an oversight field hearing in Annapolis, MD, on

efforts to introduce non-native oysters to Chesapeake Bay.

H.R. 266 and S. 536 would have authorized the National Invasive Species Council.

H.R. 989 would have required regulations to assure that vessels entering the Great Lakes

have adequate ballast water treatment. H.R. 1080 would have reauthorized the

Nonindigenous Aquatic Nuisance Prevention and Control Act (NANPCA) through FY2008

and amended this act to expand programs to address aquatic invasive species concerns. H.R.

2310 would have established an incentive grant program to control and eradicate invasive

species. H.R. 3122 would have directed the Coast Guard to promulgate regulations setting

certain ballast water treatment standards for vessel entry into the Great Lakes. S. 1398 and

H.R. 2720 would have authorized funding for invasive species control in the Great Lakes.

H.Con.Res. 276/S.Con.Res. 69 would have required that any agreement signed by the United

States not preclude measures to combat invasive species. Section 12 of H.R. 4101/S. 2271

would have expressed the sense of Congress that strong, mandatory ballast water standards

be enacted. Title I of H.R. 4100 would have provided grants to coastal states and counties

for invasive species identification and control. S. 2490 would have amended NANPCA to

promote the development and adoption of new ballast water treatment technologies and

standards. For additional background on ballast water management, see CRS Report

RL32344, Ballast Water Management to Combat Invasive Species.

Tuna. Section 242 of P.L. 108-188 permits duty-free import of specified amounts of

canned tuna to the United States from the Federated States of Micronesia and the Republic

of the Marshall Islands, while §104(e)(8)(D) requires a report analyzing the effects of this

action on American Samoa’s economy. P.L. 108-219 amends the MFCMA to recognize the

Pacific Albacore Treaty with Canada and modifies the South Pacific Tuna Treaty Act to

provide for longlining. Section 2004(e) of P.L. 108-429 amends the Andean Trade

Preference Act to modify the definition of “United States vessel” relative to tuna harvesting.

On October 30, 2003, the House Resources Subcommittee on Fisheries Conservation,

Wildlife, and Oceans held an oversight hearing on the International Commission for the

Conservation of Atlantic Tunas.

H.R. 1424 would have extended the American Samoa Possession Tax Credit Act,

beneficial to American Samoan tuna canneries, through January 1, 2016. S. 130 would have

amended the labeling requirements for “dolphin-safe tuna” in the Dolphin Protection

Consumer Information Act. S. 1739/S. 1782/H.R. 3620 would have modified the duty

treatment of tuna to specifically identify tuna packed in pouches, and would have eliminated

duties on certain tuna products imported from cited ASEAN nations.

Indian Claims and Fishing Rights. Title III of P.L. 108-204 established the

Quinault Permanent Fisheries Fund and other accounts to manage funds received from

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claims settlement. Section 8 (Division J, Title X) of P.L. 108-447 established a Nez Perce

Tribe Water and Fisheries Fund. S. 2301 would have modified how Indian fishery resources

were managed; the Senate Committee on Indian Affairs held a hearing on this measure on

April 29, 2004. On July 21, 2004, the Senate Committee on Indian Affairs ordered S. 2301

reported (amended). On June 4, 2003, the Senate Committee on Indian Affairs held a

hearing on the impacts on tribal fish and wildlife management programs in the Pacific

Northwest. Section 201 of H.R. 1661 would have modified the treatment of income from

the exercise of Indian fishing rights (detailed in §7873 of the Internal Revenue Code), for

purposes of calculating earned income tax credit. Section 3(c) of S. 2878 would have

required the Secretaries of the Interior and Agriculture to conclude a stewardship agreement

with the Yoruk Tribe for management of Klamath River basin fisheries; §9 would have

specified representation of the Yoruk Tribe on the Klamath Fishery Management Council.

International Fisheries. P.L. 108-219 extends the reimbursement period under the

Fishermen’s Protective Act through FY2008, recognizes the Pacific Albacore Treaty with

Canada in the MFCMA, and modifies the South Pacific Tuna Treaty Act to provide for

longlining. Section 114(4) of H.R. 1950 would have authorized $20,043,000 for

“International Fisheries Commissions” for both FY2004 and FY2005; the House Committee

on International Relations reported (amended) H.R. 1950 (H.Rept. 108-105, Part I) on May

16, 2003; the Committee on Armed Services (amended) on June 30, 2003 (H.Rept. 108-105,

Part III); and the Committee on Energy and Commerce (amended) on July 11, 2003 (H.Rept.

108-105, Part IV). H.R. 1950 passed the House on July 16, 2003. Section 103(4) of S. 790

and §104(4) of S. 925 would have authorized an appropriation of $20,043,000 for

“International Fisheries Commissions” for FY2004; in addition, S. 790 would have

authorized such sums as may be necessary for “International Fisheries Commissions” for

FY2005. On April 24, 2003, the Senate Committee on Foreign Relations reported S. 925

(S.Rept. 108-39). S. 2144 would have authorized $20,800,000 for “International Fisheries

Commissions” for FY2005; the Senate Committee on Foreign Relations reported this bill on

March 18, 2004 (S.Rept. 108-248). H.Con.Res. 268 would have expressed the sense of the

Congress regarding sanctions on nations that undermine the effectiveness of conservation

and management measures for Atlantic highly migratory species, including marlin; the House

Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans held a hearing on

September 11, 2003. The committee reported (H.Rept. 108-327) and the House passed

H.Con.Res. 268 on October 28, 2003. On June 12, 2003, the Senate Committee on

Commerce, Science, and Transportation held a hearing on global overfishing and

international fishery management. S. 1861 would have established a framework for

legislative and executive consideration of unilateral sanctions against foreign nations.

Seafood Safety. P.L. 108-282 includes §203, requiring food labels to identify

products containing fish and crustacean shellfish for their allergen potential. Title IX

(Division B) of P.L. 108-447 increased coordination of interagency ocean science programs,

including U.S. research and monitoring programs related to seafood safety and the role of

oceans in human health. S. 366, S. 485, and H.R. 999 would have amended the Clean Air

Act to direct EPA to reduce mercury emissions from electricity generating facilities. On

April 8, 2003, the Senate Environment and Public Works Subcommittee on Clean Air,

Climate Change, and Nuclear Safety held a hearing on S. 485; additional hearings were held

on May 8 and June 5, 2003.

Section 12 of S. 484 would have amended the Clean Air Act to evaluate public

advisories concerning mercury-contaminated fish. S. 1939/H.R. 4762 would have required

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EPA and FDA to develop joint fish consumption advisories on methylmercury and require

that public notice on the effects of mercury exposure be available at businesses that sell fish

and seafood where the potential for mercury exposure exists. Section 5 of S. 506/H.R. 1551

would have required daily inspection of seafood commodities covered by NOAA Fisheries

inspection programs that are used in Department of Agricultural school food programs.

Section 2 of H.R. 1495 would have required labels warning of increased risk of illness from

raw or partially cooked fish and shellfish; §3 of this same bill would have required labeling

to identify fish and shellfish that have been frozen. Section 4(c) of H.R. 1624 would have

amended §308 of the Federal Water Pollution Control Act to increase public information

requirements for notification of waters where fish or shellfish contamination is a concern.

S. 1844 would have promoted research to clarify the contribution of U.S. electricity

generation to mercury contamination in fish and seafood. Section 102 of H.R. 5259/S. 2910

would have consolidated food safety and inspection programs, including seafood inspection.

Seafood Processing. Section 14006 of P.L. 108-287 makes the numerical limitation

on visas inapplicable to non-immigrant aliens employed in fish roe processing. Section

203(a)(1) of H.R. 3139 would have required the Labor Secretary to prohibit minors from

employment in seafood processing.

Fishing Vessels. Section 418(a) of P.L. 108-293 extends the authorization for the

Commercial Fishing Industry Vessel Safety Advisory Committee through FY2010. H.R.

4319 would have completed codification of Title 46, U.S. Code, including fishery

endorsements for vessels and financial assistance; this bill was reported (amended)

September 17, 2004, by the House Committee on Judiciary (H.Rept. 108-690), and passed

by the House (amended) on September 28, 2004.

Oil Spill Damage. Section 708 of P.L. 108-293 amends the Oil Pollution Act of 1990

to authorize interim assistance to fishermen awaiting the recovery of damages for injuries

from oil spills.

Tax Provisions. Section 314 of P.L. 108-357 extends income averaging to

commercial fishermen. Section 108 of S. 256/S. 272/S. 476 would have amended the

Internal Revenue Code to provide tax incentives for participation in the Fish and Wildlife

Services’ “Partners for Fish and Wildlife Program.” On February 27, 2003, S. 476 was

reported, amended (S.Rept. 108-11); on April 9, 2003, the Senate passed this measure

(amended). S. 487/H.R. 2973 would have amended the Internal Revenue Code to provide

a business credit against income for the purchase of fishing vessel safety equipment. H.R.

927, §2 of H.R. 5169/S. 665, S. 2456, and §119 of S. 2761 would have amended the Internal

Revenue Code to allow commercial fishermen to establish tax-deferred Farm and Ranch Risk

Management Accounts to shelter a portion of fishery income.

Hypoxia and Harmful Algal Blooms (HABs). Title IX (Division B) of P.L. 108447 identifies hypoxia and HABs as important in addressing the role of oceans in human

health. P.L. 108-456 amends and reauthorizes the Harmful Algal Bloom and Hypoxia

Research and Control Act through FY2008. On March 13, 2003, the House Science

Subcommittee on the Environment, Technology, and Standards held an oversight hearing on

HABs and hypoxia research. Section 10 of H.R. 4686 would have established a Gulf

hypoxia research, coordination, and monitoring program for the Mississippi River Basin.

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Hydropower. Section 102(a)(3)(H) of H.R. 238 and §101(a)(7) of H.R. 1343 would

have set a goal for Department of Energy hydropower programs to decrease damage to fish

and aquatic ecosystems; H.R. 238 was reported (amended) by the House Committee on

Science on May 22, 2003 (H.Rept. 108-128, Part 1). H.R. 1013, §13001 of H.R. 6, §3001

of H.R. 1644, §511 of S. 14/S. 1005, and §231 of S. 2095/H.R. 4503 would have allowed

federal hydropower licensees to propose alternatives to fishways required by the Federal

Energy Regulatory Commission as long as they would not diminish fish passage. On April

8, 2003, the House Committee on Energy and Commerce reported H.R. 1644, amended

(H.Rept. 108-65, Part I). On April 11, 2003, the House passed H.R. 6, as amended. On May

6, 2003, the Senate Committee on Energy and Natural Resources reported S. 1005 (S.Rept.

108-43). On July 31, 2003, the Senate passed H.R. 6 (amended) with fishway language in

§301 and language to set a goal for Department of Energy hydropower programs to decrease

damage to fish and aquatic ecosystems in §1221(b)(8). The conference report on H.R. 6

(H.Rept. 108-375, November 18, 2003) retained the fishway provisions in §231; the House

agreed to the conference report (November 18, 2003), but the Senate did not take action. The

House passed H.R. 4503 on June 15, 2004. S. 1307 would have authorized 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; the Senate Energy and Natural

Resources Subcommittee on Water and Power held a hearing on S. 1307 on October 15,

2003; and the committee reported this measure (amended) on March 29, 2004 (S.Rept. 108249). On September 15, 2004, the Senate passed S. 1307 (amended). Section 201 of S. 2188

and §1011 of S. 2554/S. 2773 would have amended the Water Resources Development Act

of 1986 to require full mitigation for aquatic resource losses at Corps of Engineers projects.

On June 23, 2004, the Senate Committee on Environment and Public Works ordered S. 2554

reported (amended); this committee reported S. 2773 on August 25, 2004 (S.Rept. 108-314).

Assistance. On May 1, 2003, the House Committee on Education and the Workforce

reported H.R. 1261 (amended), in which §104(b)(2) would have amended the Workforce

Investment Act to identify dislocated fishermen as individuals that states would serve in

relation to employment and training needs (H.Rept. 108-82); this measure was passed

(amended) by the House on May 8, 2003. On November 14, 2003, the Senate amended H.R.

1261 to substitute the language of S. 1627, which excluded the displaced fishermen

provision, and passed the amended H.R. 1261; a conference was not concluded on H.R.

1261. H.R. 4210 would have amended the Farm Credit Act to assist businesses that serve

commercial fishermen.

Health Care. Section 2 of H.R. 660/H.R. 4281, §402 of H.R. 3423, S. 545, and §202

of S. 2767 would have amended the Employee Retirement Income Security Act of 1974 to

authorize fishing industry associations to provide health care plans for association members.

On March 13, 2003, the House Committee on Education’s Subcommittee on EmployerEmployee Relations held a hearing on H.R. 660; this measure was reported (amended) on

June 16, 2003 (H.Rept. 108-156), and passed by the House (amended) on June 19, 2003. On

May 13, 2004, the language of H.R. 4281 was incorporated into H.R. 4279, and H.R. 4279,

as amended, passed the House.

Bankruptcy. H.R. 343, §1007 of H.R. 975, and §8 of S. 2004 would have protected

family fishermen under Chapter 12 of bankruptcy laws. The House Judiciary Subcommittee

on Commercial and Administrative Law held a hearing on H.R. 975 on March 4, 2003, and

reported this measure (amended) on March 18, 2003 (H.Rept. 108-40, Part I). On March 19,

2003, the House passed H.R. 975, as amended. On January 28, 2004, the House passed S.

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1920, amended to incorporate the language of House-passed H.R. 975, including the

extension of protection to family fishermen; a conference was not concluded on S. 1920.

Great Lakes. On July 16, 2003, the Senate Governmental Affairs Subcommittee on

Oversight of Government Management, the Federal Workforce, and the District of Columbia

held a hearing on Great Lakes restoration. H.R. 2500 would have authorized the Great Lakes

Fishery Commission to investigate effects of migratory birds on the productivity of Great

Lakes fish stocks. S. 1398 and H.R. 2720 would have provided for coordinated

environmental restoration of the Great Lakes.

Striped Bass. H.R. 3883 would have reauthorized the Atlantic Striped Bass

Conservation Act through FY2006; the House Resources Subcommittee on Fisheries

Conservation, Wildlife, and Oceans held hearings on this bill on March 17-18, 2004. H.R.

1286 would have prohibited commercial harvesting of Atlantic striped bass in U.S. coastal

waters and the EEZ. H.R. 2889 would have directed the Secretary of Commerce to study

fishery observer data to map migratory patterns and delineate wintering and feeding areas of

Atlantic striped bass.

Corals and Coral Reefs. H.R. 1721 would have amended the Foreign Assistance

Act of 1961 to provide debt relief to developing nations that protect coral reef habitat. S.

1953/H.R. 4897 would have established coral management areas to protect specific deep sea

corals. H.R. 4928 would have prohibited the export, import, and take of certain corals.

Irrigation. Section 7 of S. 900/H.R. 2257 would have required fish protection devices

for the Lower Yellowstone Irrigation Project. On May 18, 2004, the House Resources

Subcommittee on Water and Power held a hearing on H.R. 2257. On May 19, 2004, the

Senate Energy Subcommittee on Water and Power held a hearing on S. 900.

Gear Loss. S. 2488 would have authorized a NOAA program to address marine

debris, with emphasis on reducing and preventing commercial fishing gear loss; this measure

was reported by the Committee on Commerce, Science, and Transportation on October 11,

2004 (S.Rept. 108-401), and passed the Senate (amended) on November 21, 2004.

Shellfish Restoration. Section 4311 of S. 2773 would have authorized oyster and

shellfish habitat restoration in Long Island Sound; this measure was reported by the

Committee on Environment and Public Works on August 25, 2004 (S.Rept. 108-314).

Renewable Energy. H.R. 1183 would have amended the Coastal Zone Management

Act to require that consideration be given to concerns for access restrictions affecting

commercial and recreational fishing when constructing and operating marine renewable

energy projects.

Graduate Education. H.R. 5145 would have provided fellowships for students in

advanced degree programs concerning freshwater/anadromous fish or related resource

management, to provide expertise and to gain policy experience in federal executive agencies

or Congress.

Capital Construction Fund. H.R. 2360/S. 1193 would have provided for qualified

withdrawals from Capital Construction Fund accounts for fishermen leaving the industry for

rollover into individual retirement plans.

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State Cooperative Programs. Title I of H.R. 4100 would have authorized grants

to coastal states and counties for cooperative fishery data collection, habitat conservation,

enforcement, management, and planning.

Climate Change. H.R. 4067 would have required 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.

National Policy. H.R. 3627 would have established an Office of Oceans and Coastal

Policy in the Executive Office of the President.

Aquaculture: Background and Issues

Aquaculture is 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); 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. With growth, aquaculture operations face increasing scrutiny

for habitat destruction, pollution, and other concerns. The major statute affecting U.S.

aquaculture is the National Aquaculture Act of 1980, as amended (16 U.S.C. 2801 et seq.).

P.L. 108-199 provided FY2004 appropriations for various aquaculture programs.

Miscellaneous Issues

Oil Spill Damage. Section 708 of P.L. 108-293 amends the Oil Pollution Act of 1990

to authorize interim assistance to aquaculture operators awaiting the recovery of damages for

oil spill injuries.

Disaster Relief. P.L. 108-324 provides $9 million for reseeding, rehabilitating, and

restoring hurricane-damaged oyster reefs in Alabama, Florida, Louisiana, and Mississippi.

S. 1309/H.R. 2684/H.R. 4874 would have authorized emergency financial assistance for

fisheries crop loss attributable to a disaster.

Business Assistance. Section 316 of P.L. 108-357 modifies cooperative marketing

rules to include feeding products to fish and sale of the cultured fish. H.R. 2802 would have

amended the Small Business Act to specifically identify aquaculture operations as qualified

small business concerns; this bill was reported by the Committee on Small Business on

October 21, 2003 (H.Rept. 108-325, Part I). H.R. 4210 would have amended the Farm

Credit Act to assist businesses that provide services to aquaculture operators.

Research. Section 902(c)(3)(D) (Division B) of P.L. 108-447 included “techniques

for ... culturing and aquaculturing marine organisms” in the authorization of an Interagency

Oceans and Human Health Research Program.

Bankruptcy. H.R. 343, §1007 of H.R. 975, and §8 of S. 2004 would have extended

similar protection to family fishermen (including aquaculture operations) as currently applies

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to family farmers under Chapter 12 of bankruptcy laws. The House Judiciary Subcommittee

on Commercial and Administrative Law held a hearing on H.R. 975 on March 4, 2003, and

reported this measure (amended) on March 18, 2003 (H.Rept. 108-40, Part I). On March 19,

2003, the House passed H.R. 975, as amended. On January 28, 2004, the House passed S.

1920, amended to incorporate the language of House-passed H.R. 975, including the

extension of protection to family fishermen; a conference was not concluded on S. 1920.

Chesapeake Bay. Section 4332 of S. 2554 and §4333 of S. 2773 would have

authorized projects to restore native oysters in Chesapeake Bay; on June 23, 2004, the Senate

Committee on Environment and Public Works ordered S. 2554 reported (amended). The

Senate Committee on Environment and Public Works reported S. 2773 on August 25, 2004

(S.Rept. 108-314). Section 6 of S. 831 would have authorized grants to support education

and development of Chesapeake Bay aquaculture sciences and technologies.

Labeling. H.R. 4576 would have amended the Agricultural Marketing Act to make

country of origin labeling voluntary; this measure was ordered reported (amended) by the

House Committee on Agriculture on July 22, 2004. H.R. 3083 would have modified the

country of origin labeling requirements for wild and farm-raised fish.

Bird Predation. H.R. 3320 would have authorized the Animal and Plant Health

Inspection Service to manage and control migratory birds. On June 24, 2004, the House

Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans held a hearing on

this bill.

Decommissioned OCS Platforms. H.R. 2654 would have amended the Outer

Continental Shelf Lands Act to direct the Secretary of the Interior to authorize the use of

decommissioned offshore oil and gas platforms for culturing marine organisms.

Mitigation Hatcheries. H.R. 4383 would have authorized specific activities wherein

National Fish Hatchery production would compensate for the impacts of federal water

development projects on aquatic resources.

National Policy. S.Res. 160/H.Res. 301/H.Res. 308 would have expressed the sense

of the Congress that the federal government should strengthen the national policy on

aquaculture.

Discharge Penalties. Section 2 of H.R. 1184 would have amended the Clean Water

Act to increase criminal penalties for certain violations of regulations on aquacultural

discharges.

Corals. Section 4(a)(3) of H.R. 4928 would have exempted certain corals grown in

qualified facilities from prohibitions on import, export, and take for corals generally.

Tax Provisions. Section 2(e) of S. 106 would have specifically excluded small

businesses that raise fish from certain provisions modifying income tax on capital gains.

Federal Permits. S. 2859 would have prohibited the issuance of permits for marine

aquaculture facilities in federal waters until requirements for such permits are enacted.

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Marine Mammals: Background and Issues

Due in part to 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. The MMPA established a moratorium on the “taking” of

marine mammals in U.S. waters and by U.S. nationals on the high seas and a moratorium on

importing marine mammals and products into the United States. This act expressly

authorizes the Secretaries of the Interior and Commerce to issue permits for the “taking” of

marine mammals for certain purposes, such as scientific research and public display. 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, 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 MMPA

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 sustainable population levels due

to interactions with commercial fisheries, and for studies of pinniped-fishery interactions.

Congressional Action. At issue for Congress were the terms and conditions of

provisions designed to reauthorize and amend the MMPA to address the concerns of various

interests. Section 626 of P.L. 108-293 requires studies of routing options for reducing vessel

strikes on North Atlantic right whales. H.R. 2693 and H.R. 3316 would have amended and

reauthorized the MMPA through FY2008. The House Resources Subcommittee on Fisheries

Conservation, Wildlife, and Oceans held a hearing on H.R. 2693 on July 24, 2003; on April

20, 2004, the House Committee on Resources reported (amended) this bill (H.Rept. 108464). On July 16, 2003, the Senate Commerce Subcommittee on Oceans, Fisheries, and

Coast Guard held a hearing on MMPA reauthorization issues. On August 19, 2003, the

House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans held an

oversight field hearing in San Diego, California, on the increasing frequency of interactions

between marine mammals and humans. H.R. 5104 would have amended the MMPA and

authorized appropriations for the John H. Prescott Marine Mammal Rescue Assistance Grant

Program through FY2009; this measure was reported by the House Committee on Resources

on November 19, 2004 (H.Rept. 108-787).

H.R. 2142 would have amended the MMPA to repeal the goal for reducing the

incidental mortality and serious injury of marine mammals in commercial fishing operations

to zero and to modify the goal of take reduction plans for reducing such takings. Title I of

H.R. 4100 would have authorized grants to coastal states and counties for cooperative marine

mammal data collection, habitat conservation, enforcement, management, and planning.

H.R. 4869 would have amended the MMPA to authorize appropriations for the John H.

Prescott Marine Mammal Rescue Assistance Grant Program through FY2009. Section 305

of H.R. 4900 would have transferred management of all marine mammals to NOAA. For

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additional information on MMPA reauthorization issues, see CRS Report RL30120, Marine

Mammal Protection Act: Reauthorization Issues.

Miscellaneous Issues

Tuna-Dolphin. P.L. 108-7 includes provisions directing the Department of Commerce

to evaluate and document foreign compliance with the International Dolphin Conservation

Program. S. 130 would have amended the labeling requirements for “dolphin-safe tuna” in

the Dolphin Protection Consumer Information Act. S. 1861 would have established a

framework for consideration of unilateral sanctions against foreign nations.

Polar Bears. Section 149 of P.L. 108-108 modified §104(c)(5)(D) of the MMPA to

permit the importation of polar bears harvested prior to the enactment of final regulations.

On June 17, 2003, the Senate Committee on Foreign Relations held a hearing on the 2001

Agreement between the United States and Russia on the conservation and management of

the Alaska-Chukotka polar bear population.

Military Readiness. Section 319 of P.L. 108-136 amends the MMPA to modify the

definition of harassment and provisions relating to taking marine mammals as they relate to

military readiness activities and federal scientific research. On March 13, 2003, the House

Armed Services Subcommittee on Readiness held a hearing on potential amendments to the

MMPA to address military readiness concerns. For additional information, see “Military

Readiness and Environmental Exemptions” in CRS Report RL32183, Defense Cleanup and

Environmental Programs: Authorization and Appropriations for FY2004.

Subsistence Whaling. Section 335 of P.L. 108-357 amends the Internal Revenue

Code to provide a charitable deduction for certain whaling expenses incurred in Native

Alaskan subsistence bowhead whaling.

Hawaiian Whales. Section 213 (Division B) of P.L. 108-447 authorizes the State of

Hawaii to enforce state law regarding the operation of recreational and commercial vessels

to protect humpback whales, as long as such state law is no less restrictive than federal law.

Ocean Health. Title IX (Division B) of P.L. 108-447 increases support for and

coordination of interagency ocean science programs, including U.S. research and monitoring

programs related to the role of oceans in human health.

International Whaling. Section 434 of H.R. 1950, §4 of H.R. 1590, and §103 of

H.R. 4053 would have required the Secretary of State annually to send a high-level

delegation to consult with key foreign governments in every region to promote the U.S.

agenda at the International Whaling Commission. H.R. 1950 was reported (amended) on

May 16, 2003, by the Committee on International Relations (H.Rept. 108-105, Part I); on

June 30, 2003, by the Committee on Armed Services (H.Rept. 108-105, Part III); and on July

11, 2003, by the Committee on Energy and Commerce (H.Rept. 108-105, Part IV); and it

passed the House on July 16, 2003. On June 23, 2004, the House passed H.R. 4053.

H.Con.Res. 216/H.Res. 727/S.Con.Res. 55/S.Con.Res. 122 would have expressed the sense

of the Congress regarding U.S. policy at the annual meeting of the International Whaling

Commission.

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Renewable Energy. H.R. 1183 would have amended the Coastal Zone Management

Act of 1972 to require that consideration be given to concerns for marine mammals and their

critical habitat when constructing and operating marine renewable energy projects.

Southern Sea Otter. H.R. 3545 would have directed the Interior Secretary to

implement recovery and research programs for the southern sea otter.

Canadian Sealing. S.Res. 269 would have urged Canada to end commercial seal

hunting.

LEGISLATION

Fisheries

P.L. 108-7 (H.J.Res. 2); P.L. 108-11 (H.R. 1559); P.L. 108-87 (H.R. 2658); P.L. 108108 (H.R. 2691); P.L. 108-136 (H.R. 1588); P.L. 108-137 (H.R. 2754); P.L. 108-188

(H.J.Res. 63); P.L. 108-199 (H.R. 2673); P.L. 108-204 (S. 523); P.L. 108-219 (H.R. 2584);

P.L. 108-282 (S. 741); P.L. 108-287 (H.R. 4613); P.L. 108-293 (H.R. 2443); P.L. 108-311

(H.R. 1308); P.L. 108-357 (H.R. 4520); P.L. 108-412 (S. 144); P.L. 108-429 (H.R. 1047);

P.L. 108-447 (H.R. 4818); and P.L. 108-456 (S. 3014).

H.Res. 30 (Cunningham); H.Res. 362 (Walsh); H.Con.Res. 268 (Saxton); H.Con.Res.

276 (Brown of Ohio); H.Con.Res. 382 (Vitter); H.R. 6 (Tauzin); H.R. 155 (Paul); H.R. 238

(Boehlert); H.R. 266 (Ehlers); H.R. 343 (Baldwin); H.R. 660 (Fletcher); H.R. 878 (Thomas);

H.R. 927 (Hulshof); H.R. 958 (Young of Alaska); H.R. 975 (Sensenbrenner); H.R. 989

(Hoekstra); H.R. 999 (Barton); H.R. 1013 (Radanovich); H.R. 1024 (Saxton); H.R. 1080

(Gilchrest); H.R. 1081 (Ehlers); H.R. 1097 (McDermott); H.R. 1183 (Delahunt); H.R. 1261

(McKeon); H.R. 1286 (Pallone); H.R. 1343 (Woolsey); H.R. 1424 (Faleomavaega); H.R.

1495 (Pallone); H.R. 1497 (Pombo); H.R. 1551 (Schakowsky); H.R. 1604 (Doolittle); H.R.

1624 (Pallone); H.R. 1644 (Barton); H.R. 1661 (Rangel); H.R. 1690 (Hefley); H.R. 1721

(Kirk); H.R. 1753 (Nethercutt); H.R. 1760 (Thompson of California); H.R. 1856 (Ehlers);

H.R. 1945 (Thompson of California); H.R. 1950 (Hyde); H.R. 2048 (Gilchrest); H.R. 2088

(Young of Alaska); H.R. 2257 (Rehberg); H.R. 2308 (Levin); H.R. 2310 (Rahall); H.R. 2360

(Capps); H.R. 2406 (Paul); H.R. 2425 (Dicks); H.R. 2500 (Stupak); H.R. 2557 (Young of

Alaska); H.R. 2621 (Allen); H.R. 2679 (Israel); H.R. 2720 (Emanuel); H.R. 2799 (Wolf);

H.R. 2839 (Shaw); H.R. 2889 (Saxton); H.R. 2890 (Saxton); H.R. 2973 (Simmons); H.R.

3083 (Peterson of Minnesota); H.R. 3122 (Miller of Michigan); H.R. 3139 (Lantos); H.R.

3327 (Thompson of California); H.R. 3482 (Pomeroy); H.R. 3521 (Thomas); H.R. 3550

(Young of Alaska); H.R. 3620 (Neal); H.R. 3627 (Saxton); H.R. 3645 (Young of Alaska);

H.R. 3684 (Lowey); H.R. 3783 (Young of Alaska); H.R. 3883 (Gilchrest); H.R. 4067

(Gilchrest); H.R. 4100 (George Miller); H.R. 4101 (Farr); H.R. 4210 (LoBiondo); H.R. 4251

(Young of Alaska); H.R. 4279 (McCrery); H.R. 4281 (Sam Johnson); H.R. 4319

(Sensenbrenner); H.R. 4503 (Barton); H.R. 4576 (Goodlatte); H.R. 4686 (Kind); H.R. 4706

(Rahall); H.R. 4754 (Wolf); H.R. 4762 (Pallone); H.R. 4897 (Greenwood); H.R. 4928

(Case); H.R. 4959 (John); H.R. 4981 (Otter); H.R. 5030 (Michaud); H.R. 5145 (Pallone);

H.R. 5169 (Nussle); H.R. 5259 (DeLauro); S.Res. 279 (Coleman); S.J.Res. 16 (Domenici);

S.Con.Res. 69 (Feingold); S. 14 (Domenici); S. 130 (Boxer); S. 247 (Snowe); S. 256

(Grassley); S. 272 (Santorum); S. 366 (Jeffords); S. 370 (Smith); S. 476 (Grassley); S. 482

(Collins); S. 484 (Leahy); S. 485 (Inhofe); S. 487 (Collins); S. 506 (Durbin); S. 525 (Levin);

S. 545 (Snowe); S. 665 (Grassley); S. 671 (Grassley); S. 733 (Snowe); S. 747 (Warner); S.

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762 (Stevens); S. 781 (Lott); S. 790 (Lugar); S. 842 (Kerry); S. 900 (Burns); S. 910 (Akaka);

S. 925 (Lugar); S. 937 (Voinovich); S. 1005 (Domenici); S. 1047 (Warner); S. 1072 (Inhofe);

S. 1106 (Snowe); S. 1110 (Bingaman); S. 1193 (Wyden); S. 1218 (Hollings); S. 1299

(Snowe); S. 1307 (Smith); S. 1308 (Wyden); S. 1382 (Stevens); S. 1391 (Burns); S. 1398

(DeWine); S. 1401 (McCain); S. 1438 (Cantwell); S. 1463 (Clinton); S. 1555 (Boxer); S.

1585 (Gregg); S. 1624 (Reed); S. 1640 (Inhofe); S. 1669 (Inhofe); S. 1739 (Kerry); S. 1782

(Kerry); S. 1804 (Breaux); S. 1831 (Smith); S. 1840 (Conrad); S. 1844 (Inhofe); S. 1861

(Lugar); S. 1884 (Kerry); S. 1920 (Grassley); S. 1939 (Leahy); S. 1953 (Lautenberg); S. 1962

(Grassley); S. 1978 (McCain); S. 2004 (Grassley); S. 2066 (Snowe); S. 2095 (Domenici); S.

2110 (Grassley); S. 2144 (Lugar); S. 2188 (Feingold); S. 2197 (Murkowski); S. 2244

(Hutchison); S. 2271 (Durbin); S. 2301 (Inouye); S. 2456 (Baucus); S. 2488 (Inouye); S.

2490 (Inouye); S. 2554 (Inhofe); S. 2559 (Stevens); S. 2605 (Craig); S. 2761 (Grassley); S.

2767 (Specter); S. 2773 (Inhofe); S. 2788 (Crapo); S. 2878 (Campbell); and S. 2910

(Durbin).

Aquaculture

P.L. 108-7 (H.J.Res. 2); P.L. 108-199 (H.R. 2673); P.L. 108-293 (H.R. 2443); P.L. 108324 (H.R. 4837); P.L. 108-357 (H.R. 4520); and P.L. 108-447 (H.R. 4818).

H.Res. 301 (Abercrombie); H.Res. 308 (McIntyre); H.R. 343 (Baldwin); H.R. 975

(Sensenbrenner); H.R. 1184 (Dingell); H.R. 2654 (Vitter); H.R. 2684 (Ross); H.R. 2802

(Manzullo); H.R. 3083 (Peterson of Minnesota); H.R. 3320 (Ross); H.R. 4210 (LoBiondo);

H.R. 4383 (Deal); H.R. 4576 (Goodlatte); H.R. 4874 (Ross); H.R. 4928 (Case); S.Res. 160

(Akaka); S. 106 (Collins); S. 370 (Smith), S. 733 (Snowe); S. 831 (Sarbanes); S. 1218

(Hollings); S. 1309 (Lincoln); S. 1427 (Bennett); S. 1637 (Frist); S. 1920 (Grassley); S. 2004

(Grassley); S. 2554 (Inhofe); S. 2761 (Grassley); S. 2773 (Inhofe); and S. 2859 (Murkowski).

Marine Mammals

P.L. 108-7 (H.J.Res. 2); P.L. 108-108 (H.R. 2691); P.L. 108-136 (H.R. 1588); P.L. 108199 (H.R. 2673); P.L. 108-293 (H.R. 2443); P.L. 108-357 (H.R. 4520); and P.L. 108-447

(H.R. 4818).

H.Con.Res. 216 (Delahunt); H.Res. 727 (Delahunt); H.R. 952 (Young of Alaska); H.R.

1183 (Delahunt); H.R. 1590 (Lantos); H.R. 1835 (Gallegly); H.R. 1950 (Hyde); H.R. 2142

(Young of Alaska); H.R. 2693 (Gilchrest); H.R. 2799 (Wolf); H.R. 3316 (Pallone); H.R.

3545 (Farr); H.R. 4053 (Lantos); H.R. 4100 (George Miller); H.R. 4754 (Wolf); H.R. 4869

(Gilchrest); H.R. 4900 (Greenwood); H.R. 5104 (Gilchrest); S.Con.Res. 55 (Snowe);

S.Con.Res. 122 (Snowe); S.Res. 269 (Levin); S. 130 (Boxer); S. 293 (Murkowski); S. 747

(Warner); S. 927 (Warner); S. 1218 (Hollings); S. 1391 (Burns); S. 1401 (McCain); S. 1585

(Gregg); and S. 1861 (Lugar).

CRS-16