U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

19–010

" SENATE ! 107TH CONGRESS

2d Session 

REPORT

2002

107–340

Calendar No. 753

FISHERIES CONSERVATION ACT OF 2002

REPORT

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION

ON

H.R. 1989

NOVEMBER 13, 2002.—Ordered to be printed 


E:\Seals\Congress.#13
(II)

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

ERNEST F. HOLLINGS, South Carolina, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

JOHN B. BREAUX, Louisiana 

BYRON L. DORGAN, North Dakota 

RON WYDEN, Oregon 

MAX CLELAND, Georgia 

BARBARA BOXER, California 

JOHN EDWARDS, North Carolina 

JEAN CARNAHAN, Missouri 

BILL NELSON, Florida 

JOHN MCCAIN, Arizona 

TED STEVENS, Alaska 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

SAM BROWNBACK, Kansas 

GORDON SMITH, Oregon 

PETER G. FITZGERALD, Illinois 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

KEVIN D. KAYES, Staff Director 

MOSES BOYD, Chief Counsel 

GREGG ELIAS, General Counsel 

JEANNE BUMPUS, Republican Staff Director and General Counsel 

ANN BEGEMAN, Republican Deputy Staff Director 

ROBERT W. CHAMBERLIN, Republican Chief Counsel 

Calendar No. 753

107TH CONGRESS REPORT " SENATE ! 2d Session 107–340

FISHERIES CONSERVATION ACT OF 2002

NOVEMBER 13, 2002.—Ordered to be printed 

Mr. HOLLINGS, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany H.R. 1989]

The Committee on Commerce, Science, and Transportation, to 

which was referred the Act (H.R. 1989) to reauthorize various fishing conservation management programs, and for other purposes, 

having considered the same, reports favorably thereon with an 

amendment in the nature of a substitute and recommends that the 

Act (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 1989, the Fisheries Conservation Act of 

2002, is to reauthorize the Interjurisdictional Fisheries Act of 1986, 

the Anadromous Fisheries Conservation Act of 1965, the Atlantic 

Tunas Convention Act of 1975, and the Northwest Atlantic Fisheries Conservation Act of 1995, through fiscal year (FY) 2006, and 

to make technical changes to the Oceans Act of 2000. 

BACKGROUND AND NEEDS

This legislation would reauthorize, through FY 2006, four existing Acts dealing with the preservation and enhancement of various 

fish species. In addition, the legislation would adjust specific deadlines relating to the activities of the United States Commission on 

Ocean Policy. 

The Interjurisdictional Fisheries Act and the Anadromous Fisheries Conservation Act provide grants to States to allow them to 

conduct research to help improve the way fisheries are managed, 

fund enforcement activities, rebuild habitat, and take other measures to improve the survival of fish species that travel across State 

boundaries or over great distances. The authorizations for these 

2

Acts expired in FY 2000. H.R. 1989, as reported by the Committee, 

would authorize appropriations through FY 2006. 

The Atlantic Tunas Convention Act and the Northwest Atlantic 

Fisheries Convention Act implement international treaties to which 

the United States is a party. The Atlantic Tunas Convention Act 

allows the United States to implement conservation recommendations by the International Commission for the Conservation of Atlantic Tunas, while the Northwest Atlantic Fisheries Convention 

Act allows the United States to implement recommendations of the 

Northwest Atlantic Fisheries Organization. Authorizations for 

these Acts expired in FY 2001. H.R. 1989, as reported by the Committee, would authorize appropriations through FY 2006. 

LEGISLATIVE HISTORY

H.R. 1989 was reported by the House of Representatives Committee on Resources on September 12, 2001, and passed by the 

House of Representatives on December 11, 2001. It was received in 

the Senate on December 12, 2001, and referred to the Senate Committee on Commerce, Science, and Transportation. An amendment 

in the nature of a substitute was agreed to at the executive session 

of the Committee on September 19, 2002. The Act was ordered to 

be reported as amended. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, October 3, 2002. 

Hon. ERNEST F. HOLLINGS,

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1989, the Fisheries Conservation Act of 2002. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Deborah Reis (for federal costs) and Marjorie Miller (for the state and local impact). 

Sincerely, 

BARRY B. ANDERSON

(For Dan L. Crippen, Director). 

Enclosure. 

H.R. 1989—Fisheries Conservation Act of 2002

Summary: H.R. 1989 would reauthorize appropriations for programs carried out by the National Oceanic and Atmospheric Administration (NOAA) under five fisheries statutes. These laws authorize various grant programs, studies, reports and operations of 

the National Marine Fisheries Service (NMFS) of NOAA. Assuming 

appropriations of the authorized amounts for fiscal years 2003 

through 2006, CBO estimates that implementing the act would cost 

3

$12 million in 2003 and $68 million over the 2003–2007 period. (An estimated $3 million would be spent after 2007). The act would not 

affect direct spending over revenues. 

The legislation contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA) and would impose no costs on state, local, or tribal governments. This act would reauthorized funding for programs that include grants to states and to multistate organizations. 

Estimated Cost to the Federal Government: The estimated budgetary impact of H.R. 1989 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment).

By fiscal year, in millions of dollars—

2003 2004 2005 2006 2007

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Selected NMFS Programs: 

Authorization level 1 ................................................................... 18 17 18 18 0

Estimated outlays ...................................................................... 12 15 17 18 6

1 Approximately $14 million was appropriated for fiscal year 2002 for the NMFS programs authorized by H.R. 1989. A full-year appropriation 

for 2003 has not yet been enacted for these programs. 

Basis of estimate: For this estimate, CBO assumes that the 

amounts authorized by the legislation will be appropriated for each 

of fiscal years 2003 through 2006 and that outlays will follow historical spending patterns for the authorized NMFS programs. The 

fiscal year 2003 authorization level includes $1.5 million for the 

Commission on Ocean Policy to complete its report, due at the end 

of fiscal year 2003. H.R. 1989 would raise the authorization level 

for that project from $6 million to $8.5 million, but appropriations 

to date already exceed the existing authorization level by $1 million, making the act’s net additional authorization $1.5 million. 

Intergovernmental and private-sector impact: H.R. 1989 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. This legislation would reauthorize funding for programs 

that include grants to states and to multistate organizations. 

Previous CBO estimate: On October 1, 2001, CBO transmitted a 

cost estimate for H.R. 1989 as ordered reported by the House Committee on Resources on September 12, 2001. CBO’s cost estimates 

reflect the different provisions in these versions of the legislation. 

Estimate prepared by: Federal costs: Deborah Reis; impact on 

state, local, and tribal governments: Susan Seig Tompkins; impact 

on the private sector: Lauren Marks. 

Estimated approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

Because H.R. 1989 does not create any new programs, the legislation would have no additional regulatory impact and would not 

result in any additional reporting requirements. The legislation 

would have no further effect on the number or types of individuals 

and businesses regulated, the economic impact of such regulation, 

4

the personal privacy of affected individuals, or the paperwork required from such individuals and businesses. 

SECTION-BY-SECTION ANALYSIS

TITLE I—INTERJURISDICTIONAL FISHERIES ACT OF 1986

Sec. 1. Short title 

This section would provide that the short title of the Act is ‘‘The 

Fisheries Conservation Act of 2002’’. 

Section 101. Reauthorization of the Interjurisdictional Fisheries Act 

of 1986

This section would amend section 308 of the Interjurisdictional 

Fisheries Act by authorizing the grants to States through the Interjurisdictional Fisheries Act at $5.4 million for FY 2003 and FY 

2004, and $5.9 million for FY 2005 and FY 2006. It also would 

amend section 308(c) to authorize increased funding for the Interstate Fisheries Commissions through the Interjurisdictional Fisheries Act at $850,000 for FY 2003 and FY 2004, and $900,000 for 

FY 2005 and FY 2006. 

Section 102. Purposes of the Interjurisdictional Fisheries Act of 

1986

This section would amend section 302 of the Interjurisdictional 

Fisheries Act of 1986 by adding language to promote and encourage 

research in the preparation and use of ecosystems and interspecies 

approaches for the conservation and management of interjurisdictional fishery resources throughout their range. 

TITLE II—ANADROMOUS FISH CONSERVATION ACT

Section 201. Reauthorization of Anadromous Fish Conservation Act 

This section would amend section 4 of the Anadromous Fisheries 

Conservation Act (16 U.S.C. 757(a)-757(d)) by authorizing appropriations for grants to States through the Anadromous Fisheries 

Conservation Act at $4.75 million for FY 2003 and FY 2004, and 

$5.0 million for FY 2005 and FY 2006. 

Section 202. Research on and Use of Ecosystems and Interspecies 

Approaches to Conservation and Management 

This section also would amend the Anadromous Fisheries Conservation Act by adding language to promote and encourage research in the preparation and use of ecosystems and interspecies 

approaches for the conservation and management of anadromous 

and Great Lakes fishery resources. 

TITLE III—ATLANTIC TUNAS CONVENTION ACT OF 1975

Section 301. Reauthorization of the Atlantic Tunas Convention Act 

of 1975 

This section would amend section 10 of the Atlantic Tunas Convention Act of 1975 by authorizing appropriations at $5.48 million 

for the implementation of the Atlantic Tunas Convention Act for 

FY 2003 and FY 2004, and $5.495 million for FY 2005 and FY 

2006. 

5

TITLE IV—NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995

Section 401. Reauthorization of the Northwest Atlantic Fisheries 

Convention Act of 1995 

This section would amend section 211 of the Northwest Atlantic 

Fisheries Convention Act by extending the authorization through 

FY 2006. 

TITLE V—EXTENSION OF DEADLINE FOR SUBMISSION OF OCEAN

POLICY REPORT

Section 501. Extension of deadline 

This section would amend section (3)(i) of the Oceans Act of 2000 

by increasing the number of days that the Commission will exist 

after the submission of the final report from 30 days to 90 days; 

and amend section (4)(a) of the Act by decreasing the number of 

days that the President has to submit his recommendations to Congress following the receipt of the report from 120 days to 90 days. 

Additionally, the Act would amend section 3(j) of the Oceans Act, 

which provides an appropriation for the 3-year time frame covering 

fiscal years 2001–2003, by increasing the authorization of appropriations from $6 million to $8.5 million. This increase of $2.5 million would fund remaining activities in FY 2003. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, 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 material is printed in italic, existing law in which no change is proposed is shown in roman):

ANADROMOUS FISH CONSERVATION ACT 

FIRST SECTION

[16 U.S.C. 757a] 

That (a) [F]or the purpose of conserving, developing, and enhancing within the several States the anadromous fishery resources of 

the Nation that are subject to depletion from water resources developments and other causes, or with respect to which the United 

States has made conservation commitments by international agreements, and for the purpose of conserving, developing, and enhancing the fish in the Great Lakes and Lake Champlain that ascend 

streams to spawn, the Secretary of the Interior is authorized to 

enter into cooperative agreements with one or more States, acting 

jointly or severally, that are concerned with the development, conservation, and enhancement of such fish, and, whenever he deems 

it appropriate, with other non-Federal interests. Such agreements 

shall describe (1) the actions to be taken by the Secretary and the 

cooperating parties, (2) the benefits that are expected to be derived 

by the States and other non-Federal interests, (3) the estimated 

cost of these actions, (4) the share of such costs to be borne by the 

Federal Government and by the States and other non-Federal interests: Provided, That, except as provided in subsection (c) of this 

6

section, the Federal share, including the operation and maintenance costs of any facilities constructed by the Secretary pursuant 

to this Act, which he annually determines to be a proper Federal 

cost, shall not exceed 50 per centum of such costs exclusive of the 

value of any Federal land involved: Provided further, That the nonFederal share may be in the form of real or personal property, the 

value of which will be determined by the Secretary, as well as 

money, (5) the term of the agreement, (6) the terms and conditions 

for disposing of any real or personal property acquired by the Secretary during or at the end of the term of the agreement, and (7) 

such other terms and conditions as he deems desirable. 

(b)(1) The Secretary may also enter into agreements with the 

States for the operation of any fiscal and management and administration of any lands or interests therein acquired or facilities constructed pursuant to this Act.

(2) In carrying out responsibilities under this section, the Secretary shall conduct, promote, and encourage research in preparation for the implementation of the use of ecosystems and interspecies 

approaches to the conservation and management of anadromous 

and Great Lakes fishery resources.

(c) INCREASE OF FEDERAL SHARE.— (1) Whenever two or more States having a common interest 

in any basin jointly enter into a cooperative agreement with 

the Secretary under subsection (a) of this section to carry out 

a research and development program to conserve, develop, and 

enhance anadromous fishery resources of the Nation, or fish in 

the Great Lakes and Lake Champlain that ascend streams to 

spawn, the Federal share of the program costs shall be increased to a maximum of 662⁄3 per centum. 

(2) In the case of any State that has implemented an interstate fisheries management plan for anadromous fishery resources, prepared by an interstate commission the Federal 

share of any grant made under this section to carry out activities required by such plan shall be up to 90 percent. For purposes of this paragraph, the term ‘‘interstate commission’’ 

means—

(A) the commission established by the Atlantic States 

Marine Fisheries Compact (as consented to and approved 

by Public Law 80–77), approved May 4, 1942 (56 Stat. 

267); 

(B) the commission established by the Pacific Marine 

Fisheries Compact (as consented to and approved by Public Law 80–232), approved July 24, 1947 (16 Stat. 419); 

and 

(C) the commission established by the Gulf States Marine Fisheries Compact (as consented to and approved by 

Public Law 81–66), approved May 19, 1949 (63 Stat. 70). 

* * * * * * *

AUTHORIZATION OF APPROPRIATIONS

[16 U.S.C. 757d] 

øSEC. 4.(a)(1) There are authorized to be appropriated to carry 

out the purposes of this Act not to exceed the following sums: 

7

ø(A) $4,000,000 for fiscal year 1997; and 

ø(B) $4,250,000 for each of fiscal years 1998, 1999, and 2000. 

ø(2) Sums appropriated under this subsection are authorized to 

remain available until expended. 

ø(b) Not more than $625,000 of the funds appropriated under 

this section in any one fiscal year shall be obligated in any one 

State.¿

AUTHORIZATION OF APPROPRIATIONS

SEC. 4.(a)(1) There are authorized to be appropriated to carry out 

the purposes of this Act not to exceed the following sums: 

(A) $4,500,000 for fiscal year 2002; 

(B) $4,750,000 for each of fiscal years 2003 and 2004; and 

(C) $5,000,000 for each of fiscal years 2005 and 2006. 

(2) FUNDS TO REMAIN AVAILABLE UNTIL EXPENDED.—Sums appropriated under this subsection are authorized to remain available 

until expended. 

(b) Not more than $625,000 of the funds appropriated under this 

section in any one fiscal year shall be obligated in any one State.

* * * * * * *

ATLANTIC TUNAS CONVENTION ACT OF 1975

øAUTHORIZATION OF APPROPRIATIONS

[16 U.S.C. 971h] 

øSEC. 10. There are authorized to be appropriated to carry out 

this Act, including use for payment of the United States share of 

the joint expenses of the Commission as provided in Article X of 

the Convention, the following sums: 

ø(1) For fiscal year 1995, $4,103,000, of which $50,000 are 

authorized in the aggregate for the advisory committee established under section 4 and the species working groups established under section 4A, and $2,890,000 are authorized for research activities under this Act and the Act of September 4, 

1980 (16 U.S.C. 971i). 

ø(2) For fiscal year 1996, $5,453,000, of which $50,000 are 

authorized in the aggregate for such advisory committee and 

such working groups, and $4,240,000 are authorized for such 

research activities. 

ø(3) For fiscal year 1997, $5,465,000 of which $62,000 are 

authorized in the aggregate for such advisory committee and 

such working groups, and $4,240,000 are authorized for such 

research activities. 

ø(4) For each of fiscal years 1998, 1999, 2000, and 2001, 

$5,465,000 of which $75,000 are authorized in the aggregate 

for such advisory committee and such working groups, and 

$4,240,000 are authorized for such research activities.¿

AUTHORIZATION OF APPROPRIATIONS

SEC. 10. (a) IN GENERAL.—There are authorized to be appropriated to carry out this Act, including use for payment of the 

8

United States share of the joint expenses of the Commission as provided in Article X of the Convention, the following sums: (1) For each of fiscal years 2002, 2003, and 2004, $5,480,000. 

(2) For each of fiscal years 2005 and 2006, $5,495,000. 

(b) ALLOCATION.—Of amounts available under this section for 

each fiscal year— (1) $150,000 are authorized for the advisory committee established under section 4 and the species working groups established under section 4A; and 

(2) $4,240,000 are authorized for research activities under 

this Act and the Act of September 4, 1980 (16 U.S.C. 971i).

* * * * * * *

INTERJURISIDICTIONAL FISHERIES ACT OF 1986

SEC. 302. PURPOSES. 

[16 U.S.C. 4101] 

The purposes of this title are— (1) to promote and encourage State activities in support of 

the management of interjurisdictional fishery resources; øand¿

(2) to promote and encourage management of interjurisdictional fishery resources throughout their ørange.¿ range; and

(3) to promote and encourage research in preparation for the 

implementation of the use of ecosystems and interspecies approaches to the conservation and management of interjurisdictional fishery resources throughout their range.

* * * * * * *

SEC. 308. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 4107] 

ø(a) GENERAL APPROPRIATIONS.—There are authorized to be appropriated to the Department of Commerce for apportionment to 

carry out the purposes of this title—

ø(1) $3,400,000 for fiscal year 1996; 

ø(2) $3,900,000 for fiscal year 1997; 

ø(3) $4,400,000 for each of the fiscal years 1998, 1999, and 

2000.¿

(a) GENERAL APPROPRIATIONS.—There are authorized to be appropriated to the Department of Commerce for apportionment to carry 

out the purposes of this title—

(1) $4,900,000 for fiscal year 2002; 

(2) $5,400,000 for each of fiscal years 2003 and 2004; and 

(3) $5,900,000 for each of fiscal years 2005 and 2006.

(b) ADDITIONAL APPROPRIATIONS.—In addition to the amounts authorized in subsection (a), there are authorized to be appropriated 

to the Department of Commerce $65,000,000 for each of the fiscal 

years 1994 and 1995, which shall be available in such amounts as 

the Secretary may determine appropriate for the purposes of this 

title; except that—

(1) in providing funds to States under this subsection, the 

Secretary shall give a preference to those States regarding 

9

which the Secretary determines there is a commercial fishery 

failure or serious disruption affecting future production due to 

a fishery resource disaster arising from natural or undetermined causes, and any sums made available under this subsection may be used either by the States or directly by the Secretary in cooperation with the States for any purpose that the 

Secretary determines is appropriate to restore the fishery affected by such a failure or to prevent a similar failure in the 

future; 

(2) the funds authorized to be appropriated under this subsection shall not be available to the Secretary for use as grants 

for chartering fishing vessels; and 

(3) the Federal share of the cost of any activity carried out 

with an amount appropriated under the authority of this subsection shall be 75 percent of the cost of that activity. 

Amounts appropriated under this subsection shall remain available 

until expended. 

(c) DEVELOPMENT OF MANAGEMENT PLANS.—In addition to the 

amounts authorized under subsections (a) and (b), there are authorized to be appropriated to the Department of Commerce 

ø$700,000 for fiscal year 1997, and $750,000 for each of the fiscal 

years 1998, 1999, and 2000,¿ $800,000 for fiscal year 2002, 

$850,000 for each of fiscal years 2003 and 2004, and $900,000 for 

each of fiscal years 2005 and 2006 to support the efforts of the following interstate commissions to develop interstate fishery management plans for interjurisdictional fishery resources: 

(1) The commission established by the Atlantic States Marine Fisheries Compact, as consented to and approved by Public Law 77–539 (56 Stat. 267), approved May 4, 1942. 

(2) The commission established by the Pacific Marine Fisheries Compact, as consented to and approved by Public Law 

80–232 (61 Stat. 419), approved July 24, 1947. 

(3) The commission established by the Gulf States Marine 

Fisheries Compact, as consented to and approved by Public 

Law 81–66 (63 Stat. 70), approved May 19, 1949. 

(d) ASSISTANCE TO COMMERCIAL FISHERMEN.—

(1) In addition to the amounts authorized under subsections 

(a), (b), and (c), there are authorized to be appropriated to the 

Department of Commerce $65,000,000 for fiscal year 1992 to 

enable the Secretary to help persons engaged in commercial 

fisheries, either by providing assistance directly to those persons or by providing assistance indirectly through States and 

local government agencies and nonprofit organizations, for 

projects or other measures to alleviate harm determined by the 

Secretary to have been incurred as a direct result of a fishery 

resource disaster arising from Hurricane Hugo, Hurricane Andrew, Hurricane Iniki, or any other natural disaster. Amounts 

appropriated under this subsection shall remain available until 

expended. 

(2) The Secretary shall determine the extent, and the beginning and ending dates, of any fishery resource disaster under 

this subsection. 

(3) Eligibility for direct assistance to a person under this 

subsection shall be limited to any person that has less than 

10

$2,000,000 in net revenues annually from commercial fishing, 

as determined by the Secretary. 

(4)(A) Assistance may not be provided under this subsection 

as part of a fishing capacity reduction program in a fishery unless the Secretary determines that adequate conservation and 

management measures are in place in that fishery. 

(B) As a condition of awarding assistance with respect to a 

vessel under a fishing capacity reduction program, the Secretary shall—

(i) prohibit the vessel from being used for fishing; and 

(ii) require that the vessel be—

(I) scrapped or otherwise disposed of in a manner 

approved by the Secretary; or 

(II) donated to a nonprofit organization and thereafter used only for purposes of research, education, or 

training; or 

(III) used for another non-fishing purpose provided 

the Secretary determines that adequate measures are 

in place to ensure that the vessel cannot reenter any 

fishery. 

(C) A vessel that is prohibited from fishing under subparagraph (B) shall not be eligible for a fishery endorsement under 

section 12108(a) of title 46, United States Code, and any such 

endorsement for the vessel shall not be effective. 

(5) The Secretary shall establish, after notice and opportunity for public comment, appropriate limitations, terms, and 

conditions for receiving assistance under this subsection. 

(6) As used in this subsection, the term ‘‘person’’ means any 

individual or any corporation, partnership, trust, association, 

or other nongovernmental entity. 

(7) With respect to funds available for the New England region, the Secretary shall submit to the Congress by January 1, 

1997, with annual updates thereafter as appropriate, a report 

on the New England fishing capacity reduction initiative which 

provides—

(A) the total number of Northeast multispecies permits 

in each permit category and calculates the maximum potential fishing capacity of vessels holding such permits 

based on the principal gear, gross registered tonnage, engine horsepower, length, age, and other relevant characteristics; 

(B) the total number of days at sea available to the permitted Northeast multispecies fishing fleet and the total 

days at sea weighted by the maximum potential fishing capacity of the fleet; 

(C) an analysis of the extent to which the weighted days 

at sea are used by the active participants in the fishery 

and of the reduction in such days as a result of the fishing 

capacity reduction program; and 

(D) an estimate of conservation benefits (such as reduction in fishing mortality) directly attributable to the fishing capacity reduction program. 

* * * * * * *

11

NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 

1965

SEC. 211. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 5610] 

There are authorized to be appropriated to carry out this title, 

including use for payment as the United States contribution to the 

Organization as provided in Article XVI of the Convention, 

$500,000 for each fiscal year through fiscal year ø2001.¿ 2006. 

* * * * * * *

OCEANS ACT OF 2000

SEC. 3. COMMISSION ON OCEAN POLICY. 

(a) Establishment.—There is hereby established the Commission 

on Ocean Policy. The Federal Advisory Committee Act (5 U.S.C. 

App.), except for sections 3, 7, and 12, does not apply to the Commission. 

(b) MEMBERSHIP.—

(1) APPOINTMENT.—The Commission shall be composed of 16 

members appointed by the President from among individuals 

described in paragraph (2) who are knowledgeable in ocean 

and coastal activities, including individuals representing State 

and local governments, ocean-related industries, academic and 

technical institutions, and public interest organizations involved with scientific, regulatory, economic, and environmental 

ocean and coastal activities. The membership of the Commission shall be balanced by area of expertise and balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission. 

(2) NOMINATIONS.—The President shall appoint the members 

of the Commission, within 90 days after the effective date of 

this Act, including individuals nominated as follows: 

(A) 4 members shall be appointed from a list of 8 individuals who shall be nominated by the Majority Leader of 

the Senate in consultation with the Chairman of the Senate Committee on Commerce, Science, and Transportation. 

(B) 4 members shall be appointed from a list of 8 individuals who shall be nominated by the Speaker of the 

House of Representatives in consultation with the Chairmen of the House Committees on Resources, Transportation and Infrastructure, and Science. 

(C) 2 members shall be appointed from a list of 4 individuals who shall be nominated by the Minority Leader of 

the Senate in consultation with the Ranking Member of 

the Senate Committee on Commerce, Science, and Transportation. 

(D) 2 members shall be appointed from a list of 4 individuals who shall be nominated by the Minority Leader of 

the House in consultation with the Ranking Members of 

the House Committees on Resources, Transportation and 

Infrastructure, and Science. 

12

(3) CHAIRMAN.—The Commission shall select a Chairman 

from among its members. The Chairman of the Commission 

shall be responsible for—

(A) the assignment of duties and responsibilities among 

staff personnel and their continuing supervision; and 

(B) the use and expenditure of funds available to the 

Commission. 

(4) VACANCIES.—Any vacancy on the Commission shall be 

filled in the same manner as the original incumbent was appointed. 

(c) RESOURCES.—In carrying out its functions under this section, 

the Commission—

(1) is authorized to secure directly from any Federal agency 

or department any information it deems necessary to carry out 

its functions under this Act, and each such agency or department is authorized to cooperate with the Commission and, to 

the extent permitted by law, to furnish such information (other 

than information described in section 552(b)(1)(A) of title 5, 

United States Code) to the Commission, upon the request of 

the Commission; 

(2) may enter into contracts, subject to the availability of appropriations for contracting, and employ such staff experts and 

consultants as may be necessary to carry out the duties of the 

Commission, as provided by section 3109 of title 5, United 

States Code; and 

(3) in consultation with the Ocean Studies Board of the National Research Council of the National Academy of Sciences, 

shall establish a multidisciplinary science advisory panel of experts in the sciences of living and non-living marine resources 

to assist the Commission in preparing its report, including ensuring that the scientific information considered by the Commission is based on the best scientific information available. 

(d) STAFFING.—The Chairman of the Commission may, without 

regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as 

may be necessary for the Commission to perform its duties. The 

Executive Director shall be compensated at a rate not to exceed the 

rate payable for Level V of the Executive Schedule under section 

5136 of title 5, United States Code. The employment and termination of an Executive Director shall be subject to confirmation by 

a majority of the members of the Commission. 

(e) MEETINGS.—

(1) ADMINISTRATION.—The meetings of the Commission shall 

be open to the public, except that a meeting or any portion of 

it may be closed to the public if it concerns matters or information described in section 552b(c) of title 5, United States Code. 

Interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject 

matter of the meeting. The Commission may administer oaths 

or affirmations to any person appearing before øit:¿ it.

(2) NOTICE; MINUTES; PUBLIC AVAILABILITY OF DOCUMENTS.—

(A) All open meetings of the Commission shall be preceded by timely public notice in the Federal Register of the 

time, place, and subject of the meeting. 

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(B) Minutes of each meeting shall be kept and shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. 

Subject to section 552 of title 5, United States Code, the 

minutes and records of all meetings and other documents 

that were made available to or prepared for the Commission shall be available for public inspection and copying at 

a single location in the offices of the Commission. 

ø(2)¿ (3) INITIAL MEETING.—The Commission shall hold its 

first meeting within 30 days after all 16 members have been 

appointed. 

ø(3)¿ (4) REQUIRED PUBLIC MEETINGS.— The Commission 

shall hold at least one public meeting in Alaska and each of 

the following regions of the United States: 

(A) The Northeast (including the Great Lakes). 

(B) The Southeast (including the Caribbean). 

(C) The Southwest (including Hawaii and the Pacific 

Territories). 

(D) The Northwest. 

(E) The Gulf of Mexico. 

(f) REPORT.— (1) IN GENERAL.—Within 18 months after the establishment 

of the Commission, the Commission shall submit to Congress 

and the President a final report of its findings and recommendations regarding United States ocean policy. 

(2) REQUIRED MATTER.—The final report of the Commission 

shall include the following assessment, reviews, and recommendations: 

(A) An assessment of existing and planned facilities associated with ocean and coastal activities including human 

resources, vessels, computers, satellites, and other appropriate platforms and technologies. 

(B) A review of existing and planned ocean and coastal 

activities of Federal entities, recommendations for changes 

in such activities necessary to improve efficiency and effectiveness and to reduce duplication of Federal efforts. 

(C) A review of the cumulative effect of Federal laws and 

regulations on United States ocean and coastal activities 

and resources and an examination of those laws and regulations for inconsistencies and contradictions that might 

adversely affect those ocean and coastal activities and resources, and recommendations for resolving such inconsistencies to the extent practicable. Such review shall also 

consider conflicts with State ocean and coastal management regimes. 

(D) A review of the known and anticipated supply of, 

and demand for, ocean and coastal resources of the United 

States. 

(E) A review of and recommendations concerning the relationship between Federal, State, and local governments 

and the private sector in planning and carrying out ocean 

and coastal activities. 

(F) A review of opportunities for the development of or 

investment in new products, technologies, or markets related to ocean and coastal activities. 

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(G) A review of previous and ongoing State and Federal 

efforts to enhance the effectiveness and integration of 

ocean and coastal activities. 

(H) Recommendations for any modifications to United 

States laws, regulations, and the administrative structure 

of Executive agencies, necessary to improve the understanding, management, conservation, and use of, and access to, ocean and coastal resources. 

(I) A review of the effectiveness and adequacy of existing 

Federal interagency ocean policy coordination mechanisms, 

and recommendations for changing or improving the effectiveness of such mechanisms necessary to respond to or 

implement the recommendations of the Commission. 

(3) CONSIDERATION OF FACTORS.—In making its assessment 

and reviews and developing its recommendations, the Commission shall give equal consideration to environmental, technical 

feasibility, economic, and scientific factors. 

(4) LIMITATIONS.—The recommendations of the Commission 

shall not be specific to the lands and waters within a single 

State. 

(g) PUBLIC AND COASTAL STATE REVIEW.— (1) NOTICE.—Before submitting the final report to the Congress, the Commission shall— (A) publish in the Federal Register a notice that a draft 

report is available for public review; and 

(B) provide a copy of the draft report to the Governor of 

each coastal State, the Committees on Resources, Transportation and Infrastructure, and Science of the House of 

Representatives, and the Committee on Commerce, 

Science, and Transportation of the Senate. 

(2) INCLUSION OF GOVERNORS’ COMMENTS.—The Commission 

shall include in the final report comments received from the 

Governor of a coastal State regarding recommendations in the 

draft report. 

(h) ADMINISTRATIVE PROCEDURE FOR REPORT AND REVIEW.— Chapter 5 and chapter 7 of title 5, United States Code, do not 

apply to the preparation, review, or submission of the report required by subsection (e) or the review of that report under subsection (f). 

(i) TERMINATION.—The Commission shall cease to exist ø30 days¿

90 days after the date on which it submits its final report. 

(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section a total of ø$6,000,000¿

$8,500,000 for the 3 fiscal-year period beginning with fiscal year 

2001, such sums to remain available until expended. 

SEC. 4. NATIONAL OCEAN POLICY. 

(a) NATIONAL OCEAN POLICY.—Within ø120 days¿ 90 days after 

receiving and considering the report and recommendations of the 

Commission under section 3, the President shall submit to Congress a statement of proposals to implement or respond to the 

Commission’s recommendations for a coordinated, comprehensive, 

and long-range national policy for the responsible use and stewardship of ocean and coastal resources for the benefit of the United 

States. Nothing in this Act authorizes the President to take any administrative or regulatory action regarding ocean or coastal policy, 

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or to implement a reorganization plan, not otherwise authorized by 

law in effect at the time of such action. 

(b) COOPERATION AND CONSULTATION.—In the process of developing proposals for submission under subsection (a), the President 

shall consult with State and local governments and non-Federal organizations and individuals involved in ocean and coastal activities.

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