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

Order Code IB10139

CRS Issue Brief for Congress

Received through the CRS Web

Fishery, Aquaculture, and Marine Mammal

Legislation in the 109th Congress

Updated May 18, 2006

Eugene H. Buck

Resources, Science, and Industry Division

Congressional Research Service ˜ The Library of Congress

CONTENTS

SUMMARY

MOST RECENT DEVELOPMENTS

BACKGROUND AND ANALYSIS

Commercial and Sport Fisheries: Background and Issues

Magnuson-Stevens Act Reauthorization

Pacific Salmon

Miscellaneous Issues

Aquaculture: Background and Issues

Miscellaneous Issues

Marine Mammals: Background and Issues

Marine Mammal Protection Act Reauthorization

Miscellaneous Issues

LEGISLATION

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Fishery, Aquaculture, and Marine Mammal Legislation

in the 109th Congress

SUMMARY

(§1007 of P.L. 109-8), revises visa requirements to allow certain seasonal immigrant

seafood processing workers to enter the

United States (§402 of P.L. 109-13), reaffirms

state authority to regulate certain fishing

activities to distinguish between state and

out-of-state residents (§6036 of P.L. 109-13),

allows hydropower licensees to propose alternatives to fishways as long as the alternatives

would not diminish fish passage (§241 of P.L.

109-58), and comprehensively amends and

reauthorizes the Sport Fish Restoration Program to permanently appropriate boat safety

funding and modify distribution of funds

(Title X of P.L. 109-59).

Fish and marine mammals are important

resources in open ocean and nearshore coastal

areas. Many laws and regulations guide the

management of these resources by federal

agencies.

Bills to reauthorize and amend major

legislation — the Magnuson-Stevens Fishery

Conservation and Management Act

(MSFCMA) and the Marine Mammal Protection Act (MMPA) — have been introduced in

the 109th Congress; the authorization of appropriations for both laws expired at the end of

FY1999. Bills offering extensive amendments

to the MSFCMA include H.R. 1431, H.R.

4940, H.R. 5018, H.R. 5051, S. 1224, and S.

2012. H.R. 2130, H.R. 4075, and S. 1224

propose extensive amendments to the MMPA.

Recommendations by the U.S. Commission

on Ocean Policy will likely play a role in

actions considered during the 109th Congress.

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. Legislation related to aquaculture enacted by the 109th Congress extends protection

to family fishermen (including aquaculture

operations) under Chapter 12 of bankruptcy

law (§1007 of P.L. 109-8).

Commercial and sport fishing are jointly

managed by the federal government and individual states. States have jurisdiction generally within 3 miles of the coast. Beyond state

jurisdiction and out to 200 miles, the federal

government manages fisheries under the

MSFCMA through eight regional fishery

management councils. Beyond 200 miles, the

United States participates in international

agreements relating to specific areas or species.

Marine mammals are protected under the

MMPA. With few exemptions, the MMPA

prohibits harm or harassment (“take”) of

marine mammals, unless restrictive permits

are obtained. It addresses specific situations

of concern, such as dolphin mortality, which

is primarily associated with the eastern tropical Pacific tuna fishery. No legislation has yet

been enacted by the 109th Congress relating to

marine mammals.

Legislation related to commercial and

sport fisheries enacted thus far by the 109th

Congress extends protection to family fishermen under Chapter 12 of bankruptcy law

Congressional Research Service

˜

The Library of Congress

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MOST RECENT DEVELOPMENTS

On May 17, 2006, the House Committee on Resources ordered H.R. 5018 reported

(amended), proposing to reauthorize and amend the Magnuson-Stevens Act. On May 11,

2006, the House passed H.R. 5122, including provisions that would (1) direct the Secretary

of Defense to open more lands under Department of Defense jurisdiction to sport fishing and

(2) require the Secretary of Defense to provide information to NOAA to better identify

hazards posed by military munitions disposed in the ocean. On May 9, 2006, the Senate

Committee on Armed Services reported S. 2766/S. 2767, proposing to require the Secretary

of Defense to provide information to NOAA to better identify hazards posed by military

munitions disposed in the ocean. On May 5, 2006, the House Committee on Armed Services

reported H.R. 5122 (amended). On May 4, 2006, the Senate passed H.R. 4939 (amended),

proposing to delete the oyster recovery authority enacted by P.L. 109-148 and provide $1.135

billion to NMFS for Gulf Coast fishery recovery from hurricane damage, including $20

million for the New England shellfish industry harmed by toxic red tide. On May 3, 2006,

the House Committee on Resources held a hearing on H.R. 1431 and H.R. 5018, proposing

to amend and reauthorize the Magnuson-Stevens Act. (Members and staff may request email 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

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

occurs through three (Atlantic, Gulf, and Pacific) marine fishery commissions, created by

interstate compacts. Beyond state waters, out to 200 miles, the federal government manages

living resources for which regional councils develop fishery management plans (FMPs)

under the Magnuson-Stevens Act. Individual states manage fishermen operating stateregistered vessels under state regulations consistent with any existing federal FMP when

fishing in inshore state waters and, in the absence of a federal FMP, wherever they fish.

Primary federal management authority was vested in the National Marine Fisheries Service

(NMFS, also popularly called NOAA Fisheries); see [http://www.nmfs.noaa.gov/]) within

the National Oceanic and Atmospheric Administration (NOAA) of the Department of

Commerce.

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Magnuson-Stevens Act Reauthorization

Background. The MSFCMA was last reauthorized in 1996 by P.L. 104-297, the

Sustainable Fisheries Act; authorization of appropriations expired on September 30, 1999.

A key issue in the reauthorization debate in the 109th Congress is how to attain a balance

between conserving fish and maintaining a viable commercial fishing industry.

Congressional Action. At issue for the 109th Congress will be the terms and

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

concerns of various interest groups. Bills introduced in the 109th Congress and offering

extensive amendments to the MSFCMA include H.R. 1431, H.R. 4940, H.R. 5018, H.R.

5051, S. 1224, and S. 2012. H.R. 1431 would modify requirements for the appointment and

training of members of regional councils and how certain regional council committees and

panels conduct business. H.R. 4940 would modify how depleted fisheries are to be rebuilt,

require increased consideration of economic and social impacts of fishery management,

require additional attention to safety concerns, and modify research programs. S. 1224

would provide for increased efforts to protect deep sea corals and bottom habitat (Subtitle

A and §222 of Subtitle B in Title II) and would extensively amend the MSFCMA to

implement ecosystem-based management, further reduce bycatch, establish national policy

for individual fishing quotas, and modify the regional council fishery management plan

process (Title III). S. 2012 would enhance the transparency of the regional council process,

mandate new requirements to restrict overfishing, establish national guidelines for limited

access privilege programs, strengthen the role of science in decision-making, improve date

collection and management, and address bycatch concerns. On April 4, 2006, the Senate

Committee on Commerce, Science, and Transportation reported (amended) S. 2012 (S.Rept.

109-229). H.R. 5018 incorporates many of the same provisions as S. 2012 and promotes data

gathering and development of new technologies. H.R. 5051 would promote ecosystem

management, require overfishing to end by a date certain, and require annual harvest limits.

On April 25, 2006, the House Committee on Resources held a field hearing in New Bedford,

MA, on H.R. 4940 and H.R. 5018; the committee also held a hearing on H.R. 1431 and H.R.

5018 on May 3, 2006. On May 17, 2006, the House Committee on Resources ordered H.R.

5018 reported (amended). For additional information on MSFCMA reauthorization issues,

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

Act: Reauthorization Issues, by Eugene H. Buck and Daniel A. Waldeck.

In the 109th Congress, §10206 of P.L. 109-59 (the Transportation Equity Act) clarified

the eligibility for communities to participate in the western Alaska community development

quota (CDQ) program. H.R. 889, as passed by the House on September 15, 2005, would

define community development plan in the context of the MSFCMA (§426) and modify

vessel shares for crab fisheries in the Bering Sea and Aleutian Islands (§427). On October

27, 2005, the Senate amended H.R. 889 to incorporate the language of S. 1280 (deleting the

two House fisheries provisions) and passed the amended H.R. 889. The conference report

(H.Rept. 109-413) on H.R. 889 adopted modified versions of the two House provisions

(§§416-417). Section 1622 of S. 732, as reported on April 6, 2005 (S.Rept. 109-53),

proposes to repeal the P.L. 108-199 prohibition on FY2004 New England fisheries

expenditures (this provision appears to have already been repealed by §304 of P.L. 108-219).

H.R. 2059 would prohibit all commercial fishing for Atlantic striped bass. On April 14,

2005, the House Resources Subcommittee on Fisheries and Oceans held an oversight hearing

on the relationship between the MSFCMA and the National Environmental Policy Act. H.R.

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2112 would designate the exclusive economic zone of the United States as the “Ronald

Wilson Reagan Exclusive Economic Zone of the United States.” H.R. 2673 would place use

restrictions on certain bottom trawling gear, assist fishermen in switching to alternative gear,

and require federal studies to identify and map diverse bottom habitats. Section 304 of S.

1280 would require the Coast Guard to integrate vessel monitoring system data into existing

databases to improve monitoring and enforcement of fishery law; §305 would require a Coast

Guard report on detection and interdiction of foreign fishing incursions. On July 28, 2005,

the Senate Committee on Commerce, Science, and Transportation reported (amended) S.

1280 (S.Rept. 109-114). On October 27, 2005, the Senate amended H.R. 889 to incorporate

the language of S. 1280 and passed the amended H.R. 889. The conference report (H.Rept.

109-413) on H.R. 889 adopted the two Senate provisions (§§803-804). The House

Resources Subcommittee on Fisheries and Oceans held field hearings in Alaska on

MSFCMA reauthorization on July 6, 2005 (Ketchikan) and July 8, 2005 (Kodiak). H.R.

3278 would establish national guidelines for individual fishing quota programs. S. 1549

would rationalize the Pacific whiting (hake) fishery. S. 1635 would restrict trawling to

designated areas to protect deep sea corals and sponges. S. 1837 would add Rhode Island

to the Mid-Atlantic Regional Council.

Pacific Salmon

Background. Five species of salmon spawn in Pacific coastal rivers and lakes, after

which juveniles migrate to North Pacific ocean waters where they mature. Since these fish

may cross several state and national boundaries during their life spans, management is

complicated. In response to declining salmon populations in Washington, Oregon, Idaho,

and California, discrete population units have been listed as endangered or threatened species

under the Endangered Species Act. For background on this issue, see CRS Report 98-666,

Pacific Salmon and Anadromous Trout: Management Under the Endangered Species Act,

by Eugene H. Buck and John R. Dandelski.

Congressional Action. In the 109th Congress, §1119(m) of P.L. 109-59 (the

Transportation Equity Act) limited the expenditures to no more than $10 million annually

from the Highway Trust Fund for federal forest highways to repair, maintain, or remove

culverts and bridges to facilitate fish passage. H.R. 1615 would require a National Academy

of Sciences analysis of federal salmon recovery efforts and a Government Accountability

Office study of the effects of partially removing four lower Snake River dams, and would

authorize partial removal of these four dams under certain conditions. S. 232 proposes to

authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to assist

in implementing fish passage and screening facilities at non-federal water projects. On

March 10, 2005, the Committee on Energy and Natural Resources reported S. 232 (S.Rept.

109-31), and the Senate passed this measure on July 26, 2005. Section 3099(c)(2)(F) of S.

728, as reported (amended) by the Senate Committee on Environment and Public Works on

April 26, 2005 (S.Rept. 109-61), would authorize the FWS to manage bird colonies in the

proposed McNary National Wildlife Refuge, to reduce the loss of juvenile salmonids. On

May 24, 2005, the House Resources Subcommittee on Fisheries and Oceans held an

oversight hearing on the federal fish hatchery system. Section 4078 of H.R. 2864 would

require a feasibility study of fish passage improvements in Oregon; this bill was reported by

the House Committee on Transportation and Infrastructure (amended, with the Oregon fish

passage language now at §4083) on June 24, 2005 (H.Rept. 109-154); the House passed this

bill (amended) on July 14, 2005 (fish passage language now at §4085). S. 2012 would

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reauthorize the Yukon River Salmon Act through FY2010 (§302(b)), and amend and

reauthorize the Pacific Salmon Treaty Act through FY2010 (§302(d)). On April 4, 2006, the

Senate Committee on Commerce, Science, and Transportation reported (amended) S. 2012

(S.Rept. 109-229). Section 3 of H.R. 4686 would reauthorize the Anadromous Fish

Conservation Act through FY2012; the House Resources Subcommittee on Fisheries and

Oceans held a hearing on this bill on February 16, 2006, and it was reported (amended) on

April 27, 2006 (H.Rept. 109-444). Section 103 of S. 2432/H.R. 5006 would designate

salmon restoration areas in California. S. 2649/S. 2662/H.R. 5213 would provide emergency

disaster assistance to mitigate the economic losses caused by salmon fishery restrictions

along the California and Oregon coasts.

Miscellaneous Issues

Bankruptcy. Section 1007 of P.L. 109-8 extends similar protection to family

fishermen as currently applies to family farmers under Chapter 12 of bankruptcy laws.

Seafood Processing. Section 402 of P.L. 109-13 revises requirements for H-2B

visas allowing certain seasonal immigrant seafood processing workers to enter the United

States through October 1, 2006. S. 2284/H.R. 4740 would extend the revised visa

requirements of P.L. 109-13 through October 1, 2009; §7 of H.R. 5058 would provide for

market-based adjustment of annual non-immigrant visa numerical limitations. Section

203(a)(1) of H.R. 2870 would require the Labor Secretary to prohibit seafood processing

operations from employing minors.

State Management. Section 6036 of P.L. 109-13 reaffirms and clarifies the authority

of states to regulate certain hunting and fishing activities to distinguish between state

residents and non-residents.

Recreational Fishing. Funding of Aquatic Resources Trust Fund (ARTF) programs

was extended several times before a transportation bill was finally enacted — P.L. 109-14

(through June 30, 2005), P.L.109-20 (through July 19, 2005), P.L. 109-35 (through July 21,

2005), P.L. 109-37 (through July 27, 2005), P.L. 109-40 (through July 30, 2005), and P.L.

109-42 (through August 14, 2005). P.L. 109-59 (The Transportation Equity Act)

comprehensively amended and reauthorized the Sport Fish Restoration Program to

permanently appropriate boat safety funding and modify distribution of funds whereby all

accounts will annually receive a fixed percentage of the total fund revenue, eliminated the

ARTF to create a Sport Fish Restoration and Boating Trust Fund, and modified the excise

tax on certain sport fishing equipment. P.L. 109-74 funded sportfishing and boating safety

programs from the Highway Trust Fund through the end of FY2005. (For background on the

ARTF and its programs, see CRS Report RS22060, The Aquatic Resources Trust Fund, by

Eugene H. Buck.) H.R. 1351 and S. 548 would establish a grant program to encourage

private landowners to provide public access for fishing and other outdoor recreation. Section

5038(a) of H.R. 2864 would require a feasibility review of the Kings River (California)

Fisheries Management Program Framework Agreement; this bill was reported by the House

Committee on Transportation and Infrastructure (amended, with the Kings River language

now at §5045(a)) on June 24, 2005 (H.Rept. 109-154). The House passed H.R. 2864

(amended) on July 14, 2005, with the Kings River language at §5051(a). S.Con.Res. 66

would affirm congressional intent that fishing (and hunting) is to be permitted on public

lands in the National Wildlife Refuge System. As reported by the House Committee on

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Armed Services (H.Rept. 109-452) on May 5, 2006, §1036 of H.R. 5122 would direct the

Secretary of Defense to open more lands under Department of Defense jurisdiction to fishing

by certain individuals; this measure passed the House (amended) on May 11, 2006.

Hydropower and Water Projects. Section 241 of P.L. 109-58 (Energy Policy Act

of 2005) allows federal hydropower licensees to propose alternatives to fishways required

by the Federal Energy Regulatory Commission as long as the alternatives would not diminish

fish passage. S. 232 proposes to authorize the Secretary of the Interior, acting through the

Bureau of Reclamation, to assist in implementing fish passage and screening facilities at nonfederal water projects. On March 10, 2005, the Committee on Energy and Natural Resources

reported S. 232 (S.Rept. 109-31); the Senate passed this bill on July 26, 2005. Section

101(a)(7) of H.R. 737 would set a goal for Department of Energy hydropower programs to

decrease damage to fish and aquatic ecosystems. Section 201 of S. 753, §2027 of H.R. 2864,

and §6 of S. 2288 would amend the Water Resources Development Act of 1986 to modify

requirements for mitigating aquatic resource losses at Corps of Engineers projects. H.R.

2864 was reported by the House Committee on Transportation and Infrastructure (amended)

on June 24, 2005 (H.Rept. 109-154), and passed by the House (amended) on July 14, 2005.

On February 27, 2006, the House Committee on Resources held an oversight field hearing

on declining fish populations in the San Francisco Bay-San Joaquin Delta.

Invasive Species. S. 363 and Title VII of S. 1224 would amend the Nonindigenous

Aquatic Nuisance Prevention and Control Act (NANPCA) of 1990 to promote the

development and adoption of new ballast water treatment technologies and standards; on

November 16, 2005, the Senate Committee on Commerce, Science, and Transportation

reported (amended) S. 363 (S.Rept. 109-181). Section 12 of S. 793/H.R. 1636 would express

the sense of Congress that strong mandatory standards for ballast water be enacted. H.R.

1591, S. 770, H.R. 5030, and Title I of H.R. 5100/S. 2545 would reauthorize and amend

NANPCA to address ballast water management and other concerns. On June 15, 2005, the

Senate Committee on Commerce, Science, and Transportation’s National Ocean Policy

Study held a hearing on ballast water management and threats to coral reefs. On September

9, 2005, the House Committee on Government Reform’s Subcommittee on Regulatory

Affairs held a field hearing in Fair Haven, MI, on ballast water management. H.R. 4771

would amend NANPCA to require all vessels equipped with ballast water tanks to conduct

ballast water exchange or alternative management before entering any Great Lakes port. (For

background on ballast water management, see CRS Report RL32344, Ballast Water

Management to Combat Invasive Species, by Eugene H. Buck.) Section 7(d)(4) of H.R. 792

would allocate funds to the State of Illinois for a project to establish a permanent invasive

species barrier between the Mississippi River and Lake Michigan. S.Con.Res. 12 would

require that any agreement signed by the United States not preclude measures to combat

invasive species. S. 507 and H.R. 1593 would authorize and establish the National Invasive

Species Council. Section 4(b)(1)(C) of S. 508 would authorize Great Lakes Environmental

Restoration Grants for invasive species prevention and control. H.R. 1592 would authorize

various marine and freshwater research, development, and demonstration programs to

address invasive species concerns. The House Resources Subcommittee on Fisheries and

Oceans held a November 3, 2005, oversight hearing on invasive Asian carp in the Great

Lakes and Mississippi River System. H.R. 3049 and S. 1402 would amend the Lacey Act

to add four species of carp to the list of injurious species that are prohibited from being

imported or shipped; the House Committee on Resources ordered H.R. 3049 reported on

March 29, 2006. S. 1541 would establish a cooperative cost-shared grant program to control

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and mitigate the spread of invasive species on public lands; on November 2, 2005, the Senate

Energy and Natural Resources Subcommittee on Public Lands and Forests held a hearing on

this bill. H.R. 3468 would establish specific procedures to address invasive species concerns

in Hawaii.

Habitat Restoration. Section 121 (Title I, Corps of Engineers) of P.L. 109-103

authorizes certain activities related to the Middle Rio Grande Endangered Species Act

Collaborative Program beneficial to the silvery minnow. P.L. 109-183 reauthorized Upper

Colorado and San Juan River Basin endangered fish recovery programs. S. 218 would

amend the Food Security Act to authorize the Natural Resources Conservation Service to

establish a stream habitat improvement program, funded at $60 million annually for FY2006FY2008. S. 260/H.R. 2018 would expand the authorization of the Secretary of the Interior

to assist private landowners in restoring, enhancing, and managing fish habitat on private

land through the Partners for Fish and Wildlife Program; the Senate Committee on

Environment and Public Works reported S. 260 (amended) on June 22, 2005 (S.Rept. 10986), and the Senate passed S. 260 (amended) on June 27, 2005. On September 23, 2005, the

House Resources Subcommittee on Fisheries and Oceans held a hearing on S. 260 and H.R.

2018. Title V (Subtitle C) of S. 1224 would establish a program to restore fishery habitat

with annual authorized funding of $50 million through FY2010. S. 1540 would authorize

the Secretary of the Army and the Secretary of the Interior to establish a program to improve

water management and contribute to the recovery of the endangered silvery minnow in the

Middle Rio Grande, New Mexico. Section 501 of H.R. 4650 would authorize the

Environmental Protection Agency to award state grants for fishery habitat protection,

restoration, and enhancement. Section 109 of S. 2440 would require an outreach program

for commercial and recreational fishermen and boaters to reduce the risk of oil spills or

releases. S. 2422 would create a Coastal Conservation and Habitat Restoration Fund to

finance fishery habitat restoration.

Assistance. Section 101(b) (Title I, Chapter I) of P.L. 109-148 directs the Secretary

of Agriculture to pay as much as 90% of the costs of rehabilitating public and private oyster

reefs damaged by hurricanes. Section 104(b) of H.R. 27 proposes to amend the Workforce

Investment Act to specifically require state plans to discuss how states would address the

employment and training needs of dislocated fishermen. This bill was reported (amended)

by the House Committee on Education and the Workforce on February 25, 2005 (H.Rept.

109-9), with supplement report filed March 1, 2005 (H.Rept. 109-9, Part II). On March 2,

2005, the House passed H.R. 27, amended. Provisions in S. 1765/S. 1766/H.R. 3958 would

provide financial assistance to Louisiana fishermen and fishing vessel owners as well as

targeted assistance for menhaden and oyster fisheries; other funds would benefit fishery

infrastructure reconstruction, seafood marketing, and fishery habitat rehabilitation as well as

fund Coast Guard contracting of commercial fishing vessels to remove debris. Section 601

of H.R. 4330/S. 2009 would provide Louisiana, Mississippi, Alabama, and Florida with $10

million for oyster reef rehabilitation and $60 million for fishery disaster assistance. Section

105 of H.R. 3754/S. 1692 would provide assistance to New England fisheries harmed by red

tide. S. 1723 would authorize a $50 million grant program to maintain waterfront access for

commercial fishing and aquaculture. On December 15, 2005, the House Resources

Subcommittee on Fisheries and Oceans held an oversight hearing on the impact of

Hurricanes Katrina, Rita and Wilma on the Gulf Coast fishing industry, coastal communities,

and the marine environment. Section 2 of H.R. 4686 would reauthorize the

Interjurisdictional Fisheries Act through FY2012; the House Resources Subcommittee on

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Fisheries and Oceans held a hearing on this bill on February 16, 2006, and it was reported

(amended) on April 27, 2006 (H.Rept. 109-444). On March 21, 2006, the House Resources

Subcommittee on Fisheries and Oceans held an oversight field hearing in Gretna, LA, on

how the 2005 hurricanes affected fishery resources and associated communities. As reported

(amended) by the Senate Committee on Appropriations on April 5, 2006 (S.Rept. 109-230),

H.R. 4939 would delete the oyster recovery authority enacted by P.L. 109-148 and provide

$1.135 billion to NMFS for Gulf Coast fishery recovery from hurricane damage, including

oyster bed and shrimp ground rehabilitation, capacity and effort reduction, seafood

promotion, job retraining, damaged gear replacement, temporary service facilities, observers,

cooperative research, and redevelopment of support infrastructure; this funding includes $20

million for New England shellfish industry harmed by toxic red tide; the Senate passed H.R.

4939 (amended) on May 4, 2006. S. 2649/S. 2662/H.R. 5213 would provide emergency

disaster assistance to mitigate the economic losses caused by salmon fishery restrictions

along the California and Oregon coast.

Artificial Reefs. Section 3505 of P.L. 109-163 requires a strategy and implementation

plan to dispose of obsolete Maritime Administration vessels, including their use as artificial

reefs, and modifies terms for transferring obsolete government vessels for use as artificial

reefs. Section 6521(d) of H.R. 4241, as reported by the Committee on The Budget on

November 7, 2005 (H.Rept. 109-276) and §21 of H.R. 4761 would 1) amend the OCS Lands

Act to direct the Secretary of the Interior to issue regulations permitting the use of

decommissioned offshore oil and gas platforms as artificial reefs, and 2) require a study of

how the removal of offshore oil and gas platforms and other OCS facilities might affect

existing fish stocks and coral populations. On November 18, 2005, the House passed H.R.

4241, amended, with the artificial reef and coral language removed.

Oysters. Section 101(b) (Title I, Chapter I) of P.L. 109-148 directs the Secretary of

Agriculture to pay as much as 90% of the costs of rehabilitating public and private oyster

reefs damaged by hurricanes. S. 728, as reported (amended) by the Senate Committee on

Environment and Public Works on April 26, 2005 (S.Rept. 109-61), would specifically

authorize projects to restore and rehabilitate oyster beds, bars, reefs, and shellfish habitat in

Chesapeake Bay (§3095) and in Long Island Sound (§3064). H.R. 2864 would authorize a

study of oyster habitat restoration in Delaware Bay (§1005(5)) and increase the Corps of

Engineers authorization for constructing oyster habitat in Chesapeake Bay (§5017). H.R.

2864 was reported by the House Committee on Transportation and Infrastructure (amended)

on June 24, 2005 (H.Rept. 109-154), and passed by the House (amended) on July 14, 2005.

H.R. 3110 would amend the Endangered Species Act to treat distinct population segments

of the Eastern oyster as separate species. On July 19, 2005, the House Committee on

Resources held an oversightearing on the potential listing of the eastern oyster under the

Endangered Species Act. H.R. 3636 would suspend temporarily the duty on prepared or

preserved oysters, not smoked. Section 2(f) of S. 1494 would establish a stock enhancement

and habitat restoration program for Chesapeake Bay oysters.

Corals and Coral Reefs. On March 1, 2005, the House Resources Subcommittee

on Fisheries and Oceans held an oversight hearing on the Coral Reef Conservation Act of

2000. H.R. 1996 would amend the Foreign Assistance Act of 1961 to provide for debt relief

to developing countries that take action to protect critical coral reef habitats. H.R. 2376

would establish the Northwestern Hawaiian Islands National Marine Refuge; §7(c) of this

bill would compensate fishermen displaced by refuge creation. Title II (Subtitle A and §222

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of Subtitle B) of S. 1224, §211 of S. 2012, and §208 of H.R. 5051 would provide for

increased efforts to study and protect deep sea corals; on April 4, 2006, the Senate

Committee on Commerce, Science, and Transportation reported (amended) S. 2012 (S.Rept.

109-229). H.R. 2673 would place use restrictions on certain bottom trawling gear and

require federal studies to identify and map diverse bottom habitats. S. 1390 and H.R. 4788

would amend and reauthorize the Coral Reef Conservation Act of 2000. On June 15, 2005,

the Senate Committee on Commerce, Science, and Transportation’s National Ocean Policy

Study held a hearing on threats to coral reefs. The Senate Committee on Commerce,

Science, and Transportation reported S. 1390 (amended) on November 17, 2005 (S.Rept.

109-182), and the Senate passed this measure (amended) on December 15, 2005. H.R. 3469

would prohibit the import, export, and take of certain coral reef species. S. 1635/H.R. 3778

would designate areas where trawling is permitted to protect deep sea corals and sponges.

H.R. 318 would authorize a study on the feasibility of designating land including fringing

coral reef in the U.S. Virgin Islands as a unit of the National Park System; the House passed

this bill on November 15, 2005. On April 20, 2006, the Senate Committee on Energy and

Natural Resources reported H.R. 318 (S.Rept. 109-241).

International Fisheries. Section 103(4) of S. 600 would authorize $25,123,000 for

“International Fisheries Commissions” for FY2006, and such sums as may be necessary for

FY2007; S. 600 was reported by the Senate Committee on Foreign Relations on March 10,

2005 (S.Rept. 109-35). Section 103(4) of H.R. 2601 would authorize $25,123,000 for

“International Fisheries Commissions” for both FY2006 and FY2007. H.R. 2601 was

reported (amended) on July 13, 2005 (H.Rept. 109-168), and passed by the House (amended)

on July 20, 2005. Section 6054 of H.R. 1268, as passed by the Senate (amended) on April

21, 2005, would have encouraged the government of Ecuador to enforce laws, prohibit

destructive fishing, and discourage illegal fishing in the Galapagos Islands; however, this

language was deleted in conference (H.Rept. 109-72) and was not included in P.L. 109-13.

H.Con.Res. 168 would condemn the Democratic People’s Republic of Korea for abducting

and holding captive certain Korean and Japanese citizens, including fishermen; the House

passed the measure (amended) on July 11, 2005. Section 7 of H.R. 4686 would reauthorize

the Northwest Atlantic Fisheries Convention Act through FY2012; the House Resources

Subcommittee on Fisheries and Oceans held a hearing on this bill on February 16, 2006, and

it was reported (amended) on April 27, 2006 (H.Rept. 109-444).

Tuna. H.R. 629 would extend certain tax credits, beneficial to American Samoa tuna

canneries, through January 1, 2016. S. 599/H.R. 2816 would modify the duty treatment of

tuna to specifically identify tuna packed in pouches, and would eliminate duties on certain

tuna products imported from cited ASEAN nations. Section 405 of S. 2012 and §6 of H.R.

4686 would reauthorize the Atlantic Tunas Convention Act through FY2012; the House

Resources Subcommittee on Fisheries and Oceans held a hearing on H.R. 4686 on February

16, 2006, and this bill was reported (amended) on April 27, 2006 (H.Rept. 109-444). Title

V of S. 2012 would implement the Western and Central Pacific Fisheries Convention. On

April 4, 2006, the Senate Committee on Commerce, Science, and Transportation reported

(amended) S. 2012 (S.Rept. 109-229). As passed by the Senate, §218 of H.R. 889 would

allow U.S. tuna vessels operating out of American Samoa to use non-United States licensed

and documented personnel to meet manning requirements for four years; the conference

report (H.Rept. 109-413) on H.R. 889 adopted a modified Senate provision (§421).

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Seafood Safety. S. 131 would amend the Clean Air Act to promote research to

clarify the contribution of U.S. electricity generation to mercury contamination in fish and

seafood. Section 12 of S. 730 would amend the Clean Air Act to require the EPA

Administrator to evaluate and improve fish consumption advisories concerning mercury

contamination of fish. Section 102 of H.R. 1507/S. 729 would consolidate food safety and

inspection programs, including seafood inspection. Section 2 of H.R. 2235 would require

labels to specify that certain fish and shellfish products are raw or partially cooked; §3 of this

bill would require labels to specify that certain fish or shellfish products have been frozen.

On March 8, 2006, the House passed H.R. 4167 after amending it to prevent the National

Uniformity for Food Act from affecting any state action that establishes a notification

requirement regarding mercury in fish and shellfish.

Trade. Section 343(b) of S. 14 would authorize a program for trade adjustment

assistance to commercial fishermen, fish processors, and fishing communities. S. 270 would

establish a framework for legislative and executive consideration of unilateral economic

sanctions against foreign nations. H.R. 3363 would amend the Tariff Act of 1930 to repeal

drawback and refund of duty requirements relating to imported salt for curing fish. H.R.

3635 would suspend temporarily the duty on certain sardines in oil, in airtight containers,

neither skinned nor boned. H.R. 3636 would suspend temporarily the duty on prepared or

preserved oysters, not smoked. Section 301(b) of S. 1963 would clarify that commercial

fishermen are eligible for trade adjustment assistance.

Vessel Safety. Section 205 of S. 1280 would establish a pilot program for dockside

no fault/no cost safety and survivability examinations for uninspected commercial fishing

vessels; §216 of this bill would require the Coast Guard to continue to provide marine vessel

safety training and cold water immersion education and outreach programs for fishermen.

On July 28, 2005, the Senate Committee on Commerce, Science, and Transportation reported

(amended) S. 1280 (S.Rept. 109-114). On October 27, 2005, the Senate amended H.R. 889

to incorporate the language of S. 1280 and passed the amended H.R. 889. The conference

report (H.Rept. 109-413) on H.R. 889 adopted the Senate provision relating to cold water

safety education (§405). S. 1473 would amend the Internal Revenue Code to provide a

business credit against income for the purchase of fishing safety equipment. Section 333(b)

of S. 2766/S. 2767 and §312(b) of H.R. 5122 (as reported by the House Committee on

Armed Services on May 5, 2006) would require the Secretary of Defense to provide

information to NOAA to better identify hazards posed by military munitions disposed in the

ocean; S. 2766 was reported by the Senate Committee on Armed Services on May 9, 2006

(S.Rept. 109-254), as was S. 2767. The House passed H.R. 5122 (amended) on May 11,

2006.

Great Lakes. Section 4(b)(1)(D) of S. 508 would authorize state and local grants for

fish habitat improvement in the Great Lakes region. Title I of H.R. 2129 would reauthorize

various programs to restore fisheries and aquatic habitat in the Great Lakes. Section 5012

of H.R. 2864 would allow non-federal participants in Great Lakes fisheries restoration to

provide as much as 100% of their non-federal share through in-kind contributions. H.R.

2864 was reported by the House Committee on Transportation and Infrastructure (amended)

on June 24, 2005 (H.Rept. 109-154), and passed by the House (amended) on July 14, 2005.

S. 2430/H.R. 4953 would implement recommendations of the Great Lakes Fishery Resources

Restoration Study. H.R. 5089 would authorize the Great Lakes Fishery Commission to

investigate effects of migratory birds on fish stock productivity.

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Tax Provisions. Section 308 of S. 6 proposes to amend the Internal Revenue Code

to provide tax incentives for participation in the Fish and Wildlife Services’ “Partners for

Fish and Wildlife Program.” H.R. 629 would extend certain tax credits, beneficial to

American Samoa tuna canneries, through January 1, 2016. H.R. 3944 and §2 of H.R. 5058

would amend the Internal Revenue Code to allow fishermen a temporary credit against

income tax to offset high fuel costs. Section 203 of H.R. 3908 would amend the Internal

Revenue Code to exempt payments for certain landowner incentive programs that restore or

protect habitat from gross revenue.

Marine Debris. S. 362 and H.R. 3692 would establish NOAA and Coast Guard

programs to manage marine debris — including lost fishing gear — and address its adverse

impacts. The Senate Committee on Commerce, Science, and Transportation reported S. 362

(with amendment) on April 13, 2005 (S.Rept. 109-56), and the Senate passed this bill

(amended) on July 1, 2005. On September 29, 2005, the House Resources Subcommittee

on Fisheries and Oceans held a hearing on S. 362; the Committee reported this measure

(amended) on December 8, 2005 (H.Rept. 109-332, Part I).

Hypoxia. Section 5018 of H.R. 2864 authorizes the Corps of Engineers to participate

in Gulf of Mexico hypoxia assessment efforts. This bill was reported by the House

Committee on Transportation and Infrastructure (amended) on June 24, 2005 (H.Rept. 109154), and passed by the House (amended) on July 14, 2005. Section 105 of H.R. 4560

identifies the improvement of water quality in the Gulf of Mexico impaired by hypoxia as

eligible for funds from a Clean Water Trust Fund.

National Fish and Wildlife Foundation. H.R. 1428 would reauthorize the

National Fish and Wildlife Foundation. The House Resources Subcommittee on Fisheries

and Oceans held a hearing on this bill on April 26, 2005. This measure was reported

(amended) on June 8, 2005 (H.Rept. 109-112), and passed by the House (amended) on June

27, 2005. On August 31, 2005, the Senate Committee on Environment and Public Works

reported this bill (S.Rept. 109-127).

Marketing and Labeling. H.R. 710 would provide assistance for the construction,

improvement, and rehabilitation of farmers markets, including those selling local aquaculture

and commercial fishing products. S. 1300 would replace mandatory country-of-origin

labeling for seafood with a voluntary program. Section 2 of H.R. 3562/S. 1556 would make

the Specialty Crops Competitiveness Act applicable to wild harvested fish and shellfish.

Jones Act. Section 211 of S. 1280 would waive the Jones Act for certain foreign

vessels that have transported fish or shellfish in Maine waters; on June 23, 2005, the Senate

Committee on Commerce, Science, and Transportation reported S. 1280 (amended) on July

28, 2005 (S.Rept. 109-114). On October 27, 2005, the Senate amended H.R. 889 to

incorporate the language of S. 1280 and passed the amended H.R. 889. The conference

report (H.Rept. 109-413) on H.R. 889 adopted a modified Senate provision (§418).

Health Care. Section 2 of H.R. 525/S. 406 and §402 of H.R. 2203 would amend the

Employee Retirement Income Security Act of 1974 to authorize fishing industry associations

to provide health care plans for association members. On April 13, 2005, the House

Committee on Education and the Workforce reported H.R. 525 (H.Rept. 109-41); the House

passed this bill on July 26, 2005.

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Fishing Vessels. H.R. 1442 would complete codification of Title 46, U.S. Code,

including fishery endorsements for vessels and financial assistance; this bill was reported

(amended) July 14, 2005, by the House Committee on Judiciary (H.Rept. 109-170), and

passed by the House (amended) on November 16, 2005.

Dungeness Crab. Section 302(f) of S. 2012 and §5 of H.R. 4686 would reauthorize

and amend the Dungeness Crab Fishery Management Act through FY2012; the House

Resources Subcommittee on Fisheries and Oceans held a hearing on H.R. 4686 on February

16, 2006, and this bill was reported (amended) on April 27, 2006 (H.Rept. 109-444). On

April 4, 2006, the Senate Committee on Commerce, Science, and Transportation reported

(amended) S. 2012 (S.Rept. 109-229).

Saltonstall-Kennedy Act. Section 7 of H.R. 1431 and §356 of S. 1224 would

amend and modify fishery funding under the Saltonstall-Kennedy Act. For background, see

CRS Report RS21799, Saltonstall-Kennedy Fishery Funding, by Eugene H. Buck.

Capital Construction Fund. S. 343/H.R. 2174 would permit qualified withdrawals

from the Capital Construction Fund for fishermen leaving the industry and for the rollover

of Capital Construction Funds to individual retirement plans.

Climate Change. H.R. 759 and §609 of H.R. 2828 would require the Secretary of

Commerce to prepare a report on the observed and projected effects of climate change on

marine life, habitat, and commercial and recreational fisheries.

Aquaculture: Background and Issues

Aquaculture is broadly defined as the farming or husbandry of fish, shellfish, and other

aquatic animals and plants, usually in a controlled or selected environment. The diversity

of aquaculture is typified by such activities as: fish farming, usually applied to freshwater

commercial aquaculture operations (e.g., catfish and trout farms; see [http://www.usda.gov/

nass/pubs/stathigh/2002/livestock02.pdf]); shellfish and seaweed culture; net-pen culture,

used by the salmon industry, wherein fish remain captive throughout their lives in marine

pens built from nets; and ocean ranching, used by the Pacific Coast salmon industry, which

cultures juveniles, releases them to mature in the open ocean, and catches them when they

return as adults to spawn. The major statute affecting U.S. aquaculture is the National

Aquaculture Act of 1980, as amended (16 U.S.C. §2801, et seq.). For more information, see

CRS Report 97-436, Aquaculture and the Federal Role (Out of print. For copies, contact

author at gbuck@crs.loc.gov); and CRS Report RL32694, Open Ocean Aquaculture, by

Rachel Borgatti and Eugene H. Buck.

Miscellaneous Issues

Bankruptcy. Section 1007 of P.L. 109-8 extends similar protection to family

fishermen (including aquaculture operations) as currently applies to family farmers under

Chapter 12 of bankruptcy laws.

Fish Hatcheries. Section 6007 of P.L. 109-13 increases the authorization to $25

million for the design and construction of a multispecies fish hatchery at Fort Peck Lake,

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Montana. H.R. 537 would authorize specific activities wherein National Fish Hatchery

production would compensate for the impacts of federal water development projects on

aquatic resources. On May 24, 2005, the House Resources Subcommittee on Fisheries and

Oceans held an oversight hearing on the federal fish hatchery system. H.R. 4957 would

direct the Secretary of the Interior to convey the Tylersville division of the Lamar National

Fish Hatchery and Fish Technology Center to the State of Pennsylvania. H.R. 5061 would

direct the Secretary of the Interior to convey the Paint Bank National Fish Hatchery and

Wytheville National Fish Hatchery to the State of Virginia. H.R. 5381 would authorize a

volunteer program and community partnerships benefitting national fish hatcheries.

Assistance. S. 1316 would authorize the Small Business Administration to provide

emergency relief to shellfish growers affected by toxic red tide losses; the Senate passed this

bill on June 27, 2005. Section 2(g) of S. 1494 would authorize the Director of NOAA’s

Chesapeake Bay Office to make grants and enter into contracts that would promote

aquaculture development. S. 1636/H.R. 3702 would provide agricultural disaster assistance

to aquaculture producers that incurred losses for their 2005 crop due to damaging weather

or related conditions. Section 203 of H.R. 3809 and §101 of H.R. 4330/S. 2009 would

authorize payments of Commodity Credit Corporation funds for loss of aquaculture crops

due to a 2005 hurricane; §4 of S. 1804 would authorize payments of Commodity Credit

Corporation funds for any crop loss (including fisheries) due to a disaster. S. 1723 would

authorize a $50 million grant program to maintain waterfront access for commercial fishing

and aquaculture. Various Louisiana aquaculture operators harmed by Hurricane Katrina

would receive assistance in S. 1765/S. 1766/H.R. 3958 — §525 would provide a distribution

of antidumping duties collected on imported Chinese crawfish to benefit Louisiana crawfish

growers, a provision in Subtitle L would provide funds for alligator farmers, and provisions

in Subtitle D would fund oyster hatcheries and restoration of oyster beds and reefs. On

December 15, 2005, the House Resources Subcommittee on Fisheries and Oceans held an

oversight hearing on the impact of Hurricanes Katrina, Rita, and Wilma on the Gulf Coast

fishing industry, coastal communities, and the marine environment. Section 501(c)(1)(A)

of S. 2747 would authorize energy disaster emergency loans for small business aquaculture

operators suffering from increased energy costs.

Open Ocean Facilities. S. 796 and §162(b)(3) of S. 1224 would prohibit the

issuance of permits for marine aquaculture facilities in federal waters until requirements for

such permits are enacted. S. 1224 also would establish a coordinated agency program for

offshore permitting (§161), designate NOAA as the lead federal agency for marine

aquaculture (§162(b)(1)), and require regulations that prohibit marine aquaculture where it

would damage or alter seafloor habitat or alter water quality (§222). S. 1195 would authorize

the Secretary of Commerce to establish and implement a regulatory system for offshore

aquaculture in the U.S. Exclusive Economic Zone. Section 6521 of H.R. 4241, as reported

by the Committee on The Budget on November 7, 2005 (H.Rept. 109-276) and §21(b) of

H.R. 4761 would amend the OCS Lands Act to direct the Secretary of the Interior to issue

regulations permitting the use of decommissioned offshore oil and gas platforms for

aquaculture. On November 18, 2005, the House passed H.R. 4241 ( amended), with the

aquaculture provision removed. On April 6, 2006, the Senate Commerce Committee’s

National Ocean Policy Study held a hearing on offshore aquaculture. For additional

information on offshore aquaculture development, see CRS Report RL32694, Open Ocean

Aquaculture, by Rachel Borgatti and Eugene H. Buck.

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Marketing and Trade. H.R. 710 would provide financial assistance for the

construction, improvement, and rehabilitation of farmers markets, including those selling

products from local aquaculture and commercial fishing. The House Appropriations

Committee report (H.Rept. 109-102) on H.R. 2744 (FY2006 agriculture appropriations)

expresses concern about antibiotic contamination in imported farm-raised shrimp and

requests a report from the Food and Drug Administration on sampling of shrimp imports.

The House passed H.R. 2744 (amended) on June 8, 2005. S. 1300 would replace mandatory

country-of-origin labeling for fish and seafood with a voluntary program. Section 2 of H.R.

3562/S. 1556 would make the Specialty Crops Competitiveness Act applicable to farm-raised

fish and shellfish. H.R. 4879/S. 2411 would liquidate or reliquidate certain salmon entries

at Miami without antidumping duties or interest.

Genetic Modification. H.Amdt. 241, offered on H.R. 2744 (FY2006 agriculture

appropriations) and subsequently withdrawn, would have prohibited the use of FY2006 funds

for the approval or process of approval of an application for an animal drug for creating

transgenic salmon or any other transgenic fish. For additional information on genetically

engineered fish, see CRS Report RL32974, Genetically Engineered Fish and Seafood, by

Rachel Borgatti and Eugene H. Buck.

Oyster Hatcheries. Section 3095 of S. 728, as reported by the Senate Committee on

Environment and Public Works (amended) on April 26, 2005 (S.Rept. 109-61), would

specifically authorize projects to construct and upgrade oyster hatcheries in Chesapeake Bay.

Disease. S. 572 and S. 573 seek to improve the federal response to agricultural

diseases, including diseases at aquaculture operations. The Senate Committee on Homeland

Security and Governmental Affairs reported S. 572 (amended) on September 27, 2005.

National Marine Sanctuaries. Section 6(b) of S. 880/H.R. 1712 would prohibit

most aquaculture in the Gulf of the Farallones National Marine Sanctuary, the Cordell Bank

National Marine Sanctuary, and the Monterey Bay National Marine Sanctuary.

Invasive Species. Section 305 of H.R. 1591/S. 770 would require efforts to promote

voluntary cooperative compliance by aquaculture operators in screening, monitoring, and

control of aquatic invasive species.

Coral. Under certain conditions, H.R. 3469 would exempt aquaculture operations from

restrictions on coral handling and encourage cooperative aquaculture ventures to propagate

coral reef species.

Tax Provisions. H.R. 3874 would amend the Internal Revenue Code to provide for

tax-exempt qualified small issue bonds to finance aquacultural processing property.

Marine Mammals: Background and Issues

Due in part to dolphin mortality in the eastern tropical Pacific tuna purse-seine fishery,

Congress enacted the Marine Mammal Protection Act (MMPA) in 1972. The MMPA

established moratoria on (1) the “taking” of marine mammals in U.S. waters and by U.S.

nationals on the high seas and (2) the importation of marine mammals and products into the

United States. The MMPA expressly authorizes the Secretaries of the Interior and

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Commerce to issue permits for the “taking” of marine mammals for certain purposes, such

as scientific research and public display. Under the MMPA, the Secretary of Commerce,

acting through NMFS, is responsible for the conservation and management of whales,

dolphins, porpoises, seals, and sea lions, while the Secretary of the Interior, acting through

the Fish and Wildlife Service (FWS), is responsible for walruses, sea and marine otters, polar

bears, manatees, and dugongs. The MMPA authorizes the taking of marine mammals

incidental to commercial fishing operations.

Marine Mammal Protection Act Reauthorization

Background. The MMPA was reauthorized in 1994 by P.L. 103-238, the Marine

Mammal Protection Act Amendments of 1994; the authorization of appropriations expired

on September 30, 1999.

Congressional Action. At issue for the 109th Congress will be the terms and

conditions of any provisions designed to reauthorize and amend the MMPA to address the

concerns of various interest groups. H.R. 2130 and H.R. 4075 propose various amendments

to the MMPA and authorize appropriations for several programs; the House Committee on

Resources reported H.R. 2130 (amended) on July 21, 2005 (H.Rept. 109-180). Title IV of

S. 1224 would amend the MMPA to encourage development of fishing gear less likely to

take marine mammals, expand fisheries required to participate in the MMPA incidental take

program to include recreational fisheries, and authorize appropriations for stock assessments

and observer programs; in addition, Title III (Subtitle C) would direct negotiation of

international agreements to better protect cetaceans from commercial fishing gear and

authorize a grant program to develop less harmful fishing gear. Section 206 of H.R. 2939

would transfer management of all marine mammals to NOAA. H.R. 3839 would amend the

MMPA to repeal the long-term goal for reducing to zero the incidental mortality and serious

injury of marine mammals in commercial fishing operations, and to modify the goal of take

reduction plans for reducing such takings. Section 25 of H.R. 3824, as passed by the House

(amended) on September 29, 2005, would declare that §7 consultation under the Endangered

Species Act is equivalent to a §101 incidental take authorization required under the MMPA

for dock building permits. For additional information on potential reauthorization issues in

the 109th Congress, see CRS Report RL30120, The Marine Mammal Protection Act:

Reauthorization Issues, by Eugene H. Buck.

Miscellaneous Issues

Habitat. S. 260/H.R. 2018 would expand the authorization of the Secretary of the

Interior to assist private landowners in restoring, enhancing, and managing marine mammal

habitat on private land through the Partners for Fish and Wildlife Program; the Senate

Committee on Environment and Public Works reported S. 260 (amended) on June 22, 2005

(S.Rept. 109-86), and the Senate passed S. 260 (amended) on June 27, 2005. On September

23, 2005, the House Resources Subcommittee on Fisheries and Oceans held a hearing on S.

260 and H.R. 2018.

Marine Debris. S. 362 and H.R. 3692 would establish NOAA and Coast Guard

programs to manage marine debris and address its adverse impacts. The Senate Committee

on Commerce, Science, and Transportation reported S. 362 (with amendment) on April 13,

2005 (S.Rept. 109-56), and the Senate passed this bill (amended) on July 1, 2005. On

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September 29, 2005, the House Resources Subcommittee on Fisheries and Oceans held a

hearing on S. 362; the Committee reported this measure (amended) on December 8, 2005

(H.Rept. 109-332, Part I).

Whaling. S.Con.Res. 33/H.Con.Res. 164 express the sense of the Congress regarding

the policy of the United States at the 57th Annual Meeting of the International Whaling

Commission. H.Con.Res. 267 would express the sense of Congress relating to Makah treaty

rights and whaling; the House Committee on Resources reported this measure (amended) on

November 10, 2005 (H.Rept. 109-283).

Ocean Noise. Section 402 of S. 1224 would amend the National Fish and Wildlife

Foundation Establishment Act to create a national ocean noise pollution research endowment

fund. For additional information on this issue, see CRS Report RL33133, Active Military

Sonar and Marine Mammals: Events and References, by Eugene H. Buck and Kori Calvert.

Polar Bear. S. 2013 would implement the Agreement on the Conservation and

Management of the Alaska-Chukotka Polar Bear Population; the Senate Committee on

Commerce, Science, and Transportation reported this measure on February 27, 2006 (S.Rept.

109-217).

Small Cetacean Kills. S.Res. 99 would express the sense of the Senate condemning

the commercial slaughter of small cetaceans by certain nations and supporting certain

policies at the 57th Annual Meeting of the International Whaling Commission.

Climate Change. H.R. 759 and §609 of H.R. 2828 would require a report on the

observed and projected effects of climate change on marine life and habitat.

Tuna-Dolphin. S. 270 would establish a framework for legislative and executive

consideration of unilateral economic sanctions against foreign nations.

Sea Otters. H.R. 2323 would promote southern sea otter recovery and research.

Canadian Sealing. S.Res. 33 urges Canada to end commercial seal hunting.

LEGISLATION

Fisheries: P.L. 109-8 (S. 256); P.L. 109-13 (H.R. 1268); P.L. 109-14 (H.R. 2566); P.L. 10920 (H.R. 3104); P.L. 109-35 (H.R. 3332); P.L. 109-37 (H.R. 3377); P.L. 109-40 (H.R. 3453);

P.L. 109-42 (H.R. 3512); P.L. 109-58 (H.R. 6); P.L. 109-59 (H.R. 3); P.L. 109-74 (H.R.

3649); P.L. 109-103 (H.R. 2419); P.L. 109-108 (H.R. 2862); P.L. 109-148 (H.R. 2863); P.L.

109-163 (H.R. 1815); and P.L. 109-183 (S. 1578).

H.Con.Res. 164 (Delahunt); H.Con.Res. 168 (Hyde); H.R. 27 (McKeon); H.R. 318

(Christensen); H.R. 525 (Sam Johnson); H.R. 629 (Faleomavaega); H.R. 685

(Sensenbrenner); H.R. 710 (Kaptur); H.R. 731 (Udall); H.R. 737 (Woolsey); H.R. 759

(Gilchrest); H.R. 792 (Emanuel); H.R. 889 (Young of Alaska); H.R. 996 (Thomas); H.R.

1351 (Pomeroy); H.R. 1428 (Pombo); H.R. 1431 (Rahall); H.R. 1507 (DeLauro); H.R. 1591

(Gilchrest); H.R. 1592 (Ehlers); H.R. 1593 (Ehlers); H.R. 1615 (McDermott); H.R. 1636

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(Farr); H.R. 1640 (Barton); H.R. 1996 (Kirk); H.R. 2018 (Sullivan); H.R. 2059 (Pallone);

H.R. 2112 (Issa); H.R. 2129 (Ehlers); H.R. 2174 (Capps); H.R. 2203 (Shadegg); H.R. 2235

(Pallone); H.R. 2376 (Case); H.R. 2601 (Smith of New Jersey); H.R. 2673 (Hefley); H.R.

2816 (Neal); H.R. 2828 (Inslee); H.R. 2864 (Young of Alaska); H.R. 2870 (Lantos); H.R.

3049 (Green of Wisconsin); H.R. 3110 (Jindal); H.R. 3153 (Cubin); H.R. 3278 (Allen); H.R.

3363 (Brady of Texas); H.R. 3468 (Case); H.R. 3469 (Case); H.R. 3562 (Hooley); H.R. 3635

(Tauscher); H.R. 3636 (Tauscher); H.R. 3692 (Pallone); H.R. 3754 (Pomeroy); H.R. 3778

(Shaw); H.R. 3809 (Peterson of Minnesota); H.R. 3908 (Blunt); H.R. 3944 (Allen); H.R.

3958 (Melancon); H.R. 4167 (Rogers of Michigan); H.R. 4241 (Nussle); H.R. 4330 (DiazBalart); H.R. 4560 (Duncan); H.R. 4686 (Gilchrest); H.R. 4740 (Bass); H.R. 4771 (Kirk);

H.R. 4788 (Faleomavaega); H.R. 4879 (Michaud); H.R. 4939 (Lewis of California); H.R.

4940 (Frank); H.R. 4953 (Kildee); H.R. 4957 (Peterson of Pennsylvania); H.R. 5006 (Solis);

H.R. 5018 (Pombo); H.R. 5030 (Miller of Michigan); H.R. 5051 (Gilchrest); H.R. 5058

(Allen); H.R. 5061 (Boucher); H.R. 5089 (Stupak); H.R. 5100 (Ehlers); H.R. 5122 (Hunter);

H.R. 5213 (Thompson of California); S.Con.Res. 12 (Feingold); S.Con.Res. 66 (Vitter); S.

6 (Santorum); S. 10 (Domenici); S. 14 (Stabenow); S. 131 (Inhofe); S. 218 (Kohl); S. 232

(Smith); S. 260 (Inhofe); S. 270 (Lugar); S. 339 (Reid); S. 343 (Wyden); S. 352 (Mikulski);

S. 362 (Inouye); S. 363 (Inouye); S. 406 (Snowe); S. 421 (Lott); S. 507 (DeWine); S. 508

(DeWine); S. 548 (Conrad); S. 599 (Kerry); S. 600 (Lugar); S. 728 (Bond); S. 729 (Durbin);

S. 730 (Leahy); S. 732 (Inhofe); S. 753 (Feingold); S. 770 (Levin); S. 793 (Durbin); S. 797

(Murkowski); S. 1224 (Boxer); S. 1230 (Grassley); S. 1280 (Snowe); S. 1300 (Santorum);

S. 1390 (Inouye); S. 1402 (DeWine); S. 1473 (Collins); S. 1494 (Sarbanes); S. 1540

(Domenici); S. 1541 (Akaka); S. 1549 (Smith); S. 1556 (Wyden); S. 1567 (Stevens); S. 1635

(Lautenberg); S. 1692 (Conrad); S. 1723 (Collins); S. 1765 (Landrieu); S. 1766 (Vitter); S.

1837 (Reed); S. 1963 (Baucus); S. 2009 (Martinez); S. 2012 (Stevens); S. 2029 (Stevens);

S. 2284 (Mikulski); S. 2288 (Feingold); S. 2411 (Snowe); S. 2422 (Vitter); S. 2430

(DeWine); S. 2432 (Boxer); S. 2545 (DeWine); S. 2649 (Boxer); S. 2662 (Smith); S. 2766

(Warner); and S. 2767 (Warner).

Aquaculture: P.L. 109-8 (S. 256) and P.L. 109-13 (H.R. 1268).

H.R. 537 (Deal); H.R. 685 (Sensenbrenner); H.R. 710 (Kaptur); H.R. 1591 (Gilchrest);

H.R. 1712 (Woolsey); H.R. 2744 (Bonilla); H.R. 3469 (Case); H.R. 3562 (Hooley); H.R.

3702 (Berry); H.R. 3874 (Fortenberry); H.R. 3958 (Melancon); H.R. 4241 (Nussle); H.R.

4330 (Diaz-Balart); H.R. 4761 (Jindal); H.R. 5381 (Saxton); S. 572 (Akaka); S. 573 (Akaka);

S. 728 (Bond); S. 770 (Levin); S. 796 (Murkowski); S. 880 (Boxer); S. 1195 (Stevens); S.

1224 (Boxer); S. 1300 (Santorum); S. 1316 (Snowe); S. 1494 (Sarbanes); S. 1556 (Wyden);

S. 1636 (Durbin); S. 1723 (Collins); S. 1765 (Landrieu); S. 1766 (Vitter); S. 1804 (Lincoln);

S. 2009 (Martinez); and S. 2747 (Bingaman).

Marine Mammals: P.L. 109-108 (H.R. 2862).

H.Con.Res. 267 (Pombo); H.R. 759 (Gilchrest); H.R. 2018 (Sullivan); H.R. 2130

(Gilchrest); H.R. 2323 (Farr); H.R. 2939 (Weldon); H.R. 3692 (Pallone); H.R. 3824

(Pombo); H.R. 3839 (Young of Alaska); H.R. 4075 (Pombo); S.Con.Res. 33 (Snowe); S.Res.

33 (Levin); S.Res. 99 (Lautenberg); S. 260 (Inhofe); S. 270 (Lugar); S. 362 (Inouye); S. 1224

(Boxer); and S. 2013 (Stevens).

CRS-16