[House Report 106-804]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-804
======================================================================
ATLANTIC COASTAL FISHERIES ACT OF 2000
_______
September 6, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 4840]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4840) to reauthorize the Atlantic Coastal Fisheries
Cooperative Management Act, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Atlantic Coastal Fisheries Act of
2000''.
SEC. 2. REAUTHORIZATION OF ATLANTIC COASTAL FISHERIES COOPERATIVE
MANAGEMENT ACT.
(a) Authorization of Appropriations.--Section 811 of the Atlantic
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5108) is
amended to read as follows:
``SEC. 811. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--To carry out this title, there are authorized to
be appropriated $10,000,000 for each of fiscal years 2001 through 2005.
``(b) Cooperative Statistics Program.--Amounts authorized under
subsection (a) may be used by the Secretary to support the Commission's
cooperative statistics program.
``(c) Reports.--
``(1) Annual report to the secretary.--The Secretary shall
require, as a condition of providing financial assistance under
this title, that the Commission and each State receiving such
assistance submit to the Secretary an annual report that
provides a detailed accounting of the use of the assistance.
``(2) Biennial reports to the congress.--The Secretary shall
submit biennial reports to the Committee on Resources of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the use of Federal
assistance provided to the Commission and the States under this
title. Each biennial report shall evaluate the success of such
assistance in implementing this title.''.
(b) Technical Corrections.--
(1) In general.--Such Act is amended--
(A) in section 802(3) (16 U.S.C. 5101(3)) by striking
``such resources in'' and inserting ``such resources
is''; and
(B) by striking section 812 and the second section
811.
(2) Amendments to repeal not affected.--The amendments made
by paragraph (1)(B) shall not affect any amendment or repeal
made by the sections struck by that paragraph.
(3) Short title references.--Such Act is further amended by
striking ``Magnuson Fishery'' each place it appears and
inserting ``Magnuson-Stevens Fishery''.
Purpose of the Bill
The purpose of H.R. 4840 is to reauthorize the Atlantic
Coastal Fisheries Cooperative Management Act.
Background and Need for Legislation
The Atlantic Coastal Fisheries Cooperative Management Act
(ACFCMA, Public Law 103-206) is modeled after the highly
successful Atlantic Striped Bass Conservation Act (16 U.S.C.
1851 note) to improve the management of coastal fisheries along
the Atlantic Coast. The ACFCMA encourages States to cooperate
on fisheries management through the Atlantic States Marine
Fisheries Commission. The ACFCMA establishes a procedure under
which the Secretary of Commerce is authorized to impose a
federal fishing moratorium in waters of States that violate
interstate fishery management guidelines.
The Atlantic States Marine Fishery Commission (ASMFC) is an
interstate commission that was established by interstate
compact in 1942 to coordinate the management efforts of the
States on the Atlantic Coast for a variety of
interjurisdictional fisheries. The ASMFC is composed of
representatives from Connecticut, Delaware, Florida, Georgia,
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New
York, North Carolina, Pennsylvania, Rhode Island, South
Carolina, and Virginia. The interstate plans developed by ASMFC
establish guidelines for State regulations to reduce harvest
pressure in coastal waters. The ASMFC has developed fishery
management plans for several Atlantic coastal fisheries,
including striped bass, American lobster, bluefish, shad,
herring, summer flounder and horseshoe crabs.
The procedure for enforcing the fishery management plans is
as follows: (1) the ASMFC develops coastal fishery management
plans identifying State requirements and establishing a
timetable for implementation; (2) the ASMFC monitors State
efforts and notifies the Secretaries of Commerce and the
Interior if a State fails to comply; (3) the Secretary of
Commerce reviews and makes a finding on whether the State's
failure to comply threatened the conservation of the involved
fishery; (4) upon an affirmative finding, the Secretary would
impose a federally-enforced moratorium for that fishery within
the waters of the offending State; and (5) the moratorium would
be lifted when the State came into compliance with the
applicable plan. The infrequently used moratorium has been
extremely effective at ensuring State compliance with the
plans.
H.R. 4840 authorizes appropriations of $10 million a year
to the Secretary of Commerce to carry out the ACFCMA each year
for five years, for a total of $50 million. A large portion of
these dollars support the ASMFC's cooperative statistics
program, which includes a database of harvest information
shared by the federal and State governments. H.R. 4840 also
makes several technical and clarifying amendments. This
legislation requires that the ASMFC submit annual reports to
the Secretary of Commerce regarding the use of federal
assistance received under the ACFCMA. The Secretary of Commerce
will submit a biannual report to Congress describing the
effectiveness of appropriations at meeting the purposes of the
ACFCMA.
Committee Action
H.R. 4840 was introduced on July 12, 2000, by Congressman
Jim Saxton (R-NJ). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Fisheries Conservation, Wildlife, and Oceans. On July 20, 2000,
the Subcommittee met to mark up the bill. Congressman Saxton
offered an amendment to require annual reports on the use of
appropriations under the ACFCMA. The amendment was adopted by
unanimous consent. The bill, as amended, was then ordered
favorably reported to the Full Committee by unanimous consent.
On July 26, 2000, the Full Resources Committee met to consider
the bill. No further amendments were offered and the bill, as
amended, was ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of Rule X and clause 3(c)(1) of
Rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of Rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of Rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of Rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of Rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 14, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4840, the Atlantic
Coastal Fisheries Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Ken Johnson.
Sincerely,
Arlene Holen
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4840--Atlantic Coastal Fisheries Act of 2000
Summary: H.R. 4840 would authorize appropriations to
implement the Atlantic Coastal Fisheries Cooperative Management
Act during the 2001-2005 period. The bill also would allow the
Secretary of Commerce to use a portion of the authorized
amounts for the cooperative statistics program of the Atlantic
States Marine Fisheries Commission. Finally, H.R. 4840 would
require the Secretary of Commerce to submit biennial reports to
the Congress on the effectiveness of that assistance authorized
under the bill.
CBO estimates that implementing H.R. 4840 would cost $7
million in 2001 and $46 million over the 2001-2005 period.
Because the bill would not affect direct spending or receipts,
pay-as-you-go procedures would not apply. H.R. 4840 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA).
Estimated Cost to the Federal Government: The estimated
budgetary impact of H.R. 4840 is shown in the following table.
The costs of this legislation fall within budget function 370
(commerce and housing credit).
----------------------------------------------------------------------------------------------------------------
By Fiscal Year, in Millions of Dollars
--------------------------------------------
2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................................ 10 10 10 10 10
Estimated Outlays.................................................. 7 9 10 10 10
----------------------------------------------------------------------------------------------------------------
Basis of Estimate: For this estimate, CBO assumes that H.R.
4840 will be enacted near the start of fiscal year 2001 and
that the authorized amounts will be appropriated for each year.
H.R. 4840 would authorize the appropriation of $10 million
annually to implement the Atlantic Coastal Fisheries
Cooperative Management Act over the 2001-2005 period. Based on
spending rates for similar activities, CBO estimates that
implementing this provision would cost $7 million in 2001 and
$46 million over the 2001-2005 period.
Based on information from the Department of Commerce, CBO
estimates that submitting the biennial reports required by the
bill would cost less than $500,000 annually.
Pay-as-You-Go Considerations: None.
Estimate Impact on State, Local, and Tribal Governments:
H.R. 4840 contains no intergovernmental mandates as defined in
UMRA. The bill would require that, as a condition of federal
financial assistance provided under the Atlantic Coastal
Fisheries Cooperative management Act, the Atlantic States
Marine Fisheries Commission and each state receiving assistance
report to the Secretary of Commerce about how the assistance
was used.
Estimated Impact on the Private Sector: The bill contains
no new private-sector mandates as defined in UMRA.
Estimate Prepared by: Federal Costs: Ken Johnson. Impact on
State, Local, and Tribal Governments: Victoria Heid Hall.
Impact on the Private Sector: Sara Sitarek.
Estimate Approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4: This bill contains no
unfunded mandates.
Preemption of State, Local or Tribal Law: This bill is not
intended to preempt any State, local or tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT ACT
* * * * * * *
SEC. 802. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) * * *
* * * * * * *
(3) Because no single governmental entity has
exclusive management authority for Atlantic coastal
fishery resources, harvesting of such resources [in] is
frequently subject to disparate, inconsistent, and
intermittent State and Federal regulation that has been
detrimental to the conservation and sustainable use of
such resources and to the interests of fishermen and
the Nation as a whole.
* * * * * * *
SEC. 803. DEFINITIONS.
In this title, the following definitions apply:
(1) * * *
* * * * * * *
(5) The term ``Councils'' means Regional Fishery
Management Councils established under section 302 of
the [Magnuson Fishery] Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852).
* * * * * * *
SEC. 804. STATE-FEDERAL COOPERATION IN ATLANTIC COASTAL FISHERY
MANAGEMENT.
(a) * * *
(b) Federal Regulation in Exclusive Economic Zone.--(1) In
the absence of an approved and implemented fishery management
plan under the [Magnuson Fishery] Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), and
after consultation with the appropriate Councils, the Secretary
may implement regulations to govern fishing in the exclusive
economic zone that are--
(A) compatible with the effective implementation of a
coastal fishery management plan; and
(B) consistent with the national standards set forth
in section 301 of the [Magnuson Fishery] Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1851).
The regulations may include measures recommended by the
Commission to the Secretary that are necessary to support the
provisions of the coastal fishery management plan. Regulations
issued by the Secretary to implement an approved fishery
management plan prepared by the appropriate Councils or the
Secretary under the [Magnuson Fishery] Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) shall
supersede any conflicting regulations issued by the Secretary
under this subsection.
(2) The provisions of sections 307, 308, 309, 310, and 311
of the [Magnuson Fishery] Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861)
regarding prohibited acts, civil penalties, criminal offenses,
civil forfeitures, and enforcement shall apply with respect to
regulations issued under this subsection as if such regulations
were issued under the [Magnuson Fishery] Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.).
* * * * * * *
SEC. 807. SECRETARIAL ACTION.
(a) * * *
* * * * * * *
(f) Civil and Criminal Penalties.--(1) Any person who
commits any act that is unlawful under subsection (e) shall be
liable to the United States for a civil penalty as provided by
section 308 of the [Magnuson Fishery] Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1858).
(2) Any person who commits an act prohibited by paragraph
(5), (6), (7), or (9) of subsection (e) is guilty of an offense
punishable as provided by section 309 (a)(1) and (b) of the
[Magnuson Fishery] Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 8159 (a)(1) and (b)).
(g) Civil Forfeitures.--(1) Any vessel (including its gear,
equipment, appurtenances, stores, and cargo) used, and any fish
(or the fair market value thereof) taken or retained, in any
manner, in connection with, or as the result of, the commission
of any act that is unlawful under subsection (e), shall be
subject to forfeiture to the United States as provided in
section 310 of the [Magnuson Fishery] Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1860).
* * * * * * *
(h) Enforcement.--A person authorized by the Secretary or
the Secretary of the department in which the Coast Guard is
operating may take any action to enforce a moratorium declared
under subsection (c) of this section that an officer authorized
by the Secretary under section 311(b) of the [Magnuson Fishery]
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861(b)) may take to enforce that Act. The Secretary
may, by agreement, on a reimbursable basis or otherwise,
utilize the personnel, services, equipment (including aircraft
and vessels), andfacilities of any other Federal department or
agency and of any agency of a State in carrying out that enforcement.
* * * * * * *
SEC. 809. STATE PERMITS VALID IN CERTAIN WATERS.
(a) Permits.--Notwithstanding any provision of the
[Magnuson Fishery] Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), the Atlantic Coastal
Fisheries Cooperative Management Act (16 U.S.C. 5101 et seq.),
or any requirement of a fishery management plan or coastal
fishery management plan to the contrary, a person holding a
valid license issued by the State of Maine which lawfully
permits that person to engage in commercial fishing for
American lobster may, with the approval of the State of Maine,
engage in commercial fishing for American lobster in the
following areas designated as Federal waters, if such fishing
is conducted in such waters in accordance with all other
applicable Federal and State regulations:
(1) * * *
* * * * * * *
(b) Enforcement.--The exemption from Federal fishery
permitting requirements granted by subsection (a) may be
revoked or suspended by the Secretary in accordance with
section 308(g) of the [Magnuson Fishery] Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1858(g)) for
violations of such Act or this Act.
SEC. 810. TRANSITION TO MANAGEMENT OF AMERICAN LOBSTER FISHERY BY
COMMISSION.
(a) Temporary Limits.--Notwithstanding any other provision
of this Act or of the [Magnuson Fishery] Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), if no regulations have been issued under section 804(b)
of this Act by December 31, 1997, to implement a coastal
fishery management plan for American lobster, then the
Secretary shall issue interim regulations before March 1, 1998,
that will prohibit any vessel that takes lobsters in the
exclusive economic zone by a method other than pots or traps
from landing lobsters (or any parts thereof) at any location
within the United States in excess of--
(1) 100 lobsters (or parts thereof) for each fishing
trip of 24 hours or less duration (up to a maximum of
500 lobsters, or parts thereof, during any 5-day
period); or
(2) 500 lobsters (or parts thereof) for a fishing
trip of 5 days or longer.
(b) Secretary to Monitor Landings.--Before January 1, 1998,
the Secretary shall monitor, on a timely basis, landings of
American lobster, and, if the Secretary determines that catches
from vessels that take lobsters in the exclusive economic zone
by a method other than pots or traps have increased
significantly, then the Secretary may, consistent with the
national standards in section 301 of the [Magnuson Fishery]
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801), and after opportunity for public comment and
consultation with the Atlantic States Marine Fisheries
Commission, implement regulations under section 804(b) of this
Act that are necessary for the conservation of American
lobster.
* * * * * * *
[SEC. 811. AUTHORIZATION OF APPROPRIATIONS.
[To carry out the provisions of this title, there are
authorized to be appropriated $3,000,000 for fiscal year 1994,
$5,000,000 for fiscal year 1995, and $7,000,000 for fiscal year
1996, and $7,000,000 for each of the fiscal years 1997, 1998,
1999, and 2000.]
SEC. 811. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out this title, there are
authorized to be appropriated $10,000,000 for each of fiscal
years 2001 through 2005.
(b) Cooperative Statistics Program.--Amounts authorized
under subsection (a) may be used by the Secretary to support
the Commission's cooperative statistics program.
(c) Reports.--
(1) Annual report to the secretary.--The Secretary
shall require, as a condition of providing financial
assistance under this title, that the commission and
each State receiving such assistance submit to the
Secretary an annual report that provides a detailed
accounting of the use of the assistance.
(2) Biennial reports to the congress.--The Secretary
shall submit biennial reports to the Committee on
Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate on the use of Federal assistance provided to
the Commission and the States under this title. Each
biennial report shall evaluate the success of such
assistance in implementing this title.
[SEC. 812. ATLANTIC STRIPED BASS CONSERVATION ACT.
[Section 9 of the Atlantic Striped Bass Conservation Act
(16 U.S.C. 1851 note) is repealed.
[SEC. 811. INTERJURISDICTIONAL FISHERIES ACT OF 1986.
[Section 308(c) of the Interjurisdictional Fisheries Act of
1986 (16 U.S.C. 4107(c)) is amended by inserting ``, and
$600,000 for each of the fiscal years 1994 and 1995,''
immediately after ``and 1993.'']