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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1911 Reported in Senate (RS)]

                                                       Calendar No. 678
106th CONGRESS
  2d Session
                                S. 1911

                          [Report No. 106-339]

 To conserve Atlantic highly migratory species of fish, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 10, 1999

   Mr. Breaux (for himself, Ms. Snowe, Mr. Hollings, Mr. Shelby, Mr. 
 Kerry, Mr. Sessions, Ms. Landrieu, and Mrs. Hutchison) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                             July 12, 2000

               Reported by Mr. McCain, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL

 
 To conserve Atlantic highly migratory species of fish, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Atlantic Highly Migratory 
Species Conservation Act of 1999''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress makes the following findings:</DELETED>
        <DELETED>    (1) Highly migratory species of fish, including 
        North Atlantic swordfish, species of Atlantic billfish, and 
        Atlantic large coastal sharks, are overfished and require 
        greater conservation as confirmed by recent scientific 
        assessments. In its most recent analysis, the Standing 
        Committee on Research and Statistics (SCRS) of the 
        International Commission for the Conservation of Atlantic Tunas 
        (ICCAT) estimated that a number of key stocks of highly 
        migratory species have less than the biomass needed to produce 
        their respective maximum sustainable yields. The 1999 SCRS 
        stock assessment estimated that the North Atlantic swordfish 
        stock was at 65 percent of the necessary biomass to produce 
        maximum sustainable yield (MSY). The 1997 SCRS stock assessment 
        estimated that the Atlantic blue marlin stock was at 24 percent 
        and the Atlantic white marlin stock was at 23 percent of the 
        necessary biomass to produce MSY. In its most recent stock 
        assessment for Atlantic sailfish/spearfish, the SCRS estimated 
        these stocks were at 62 percent of the necessary biomass to 
        produce MSY. Also, the National Marine Fisheries Service has 
        identified North Atlantic swordfish, Atlantic blue marlin, 
        Atlantic white marlin, Atlantic sailfish/spearfish, and other 
        highly migratory species of fish as overfished.</DELETED>
        <DELETED>    (2) A reduction in the mortality of juvenile 
        swordfish will contribute substantially to the rebuilding of 
        North Atlantic swordfish as confirmed by a 1998 SCRS report 
        that expressed ``concern about the high catches (landings plus 
        discards) of small swordfish'' and ``emphasized that gains in 
        the yield could accrue if fishing mortality on small fish could 
        be further reduced''.</DELETED>
        <DELETED>    (3) In 1998, ICCAT adopted a resolution directing 
        the SCRS to develop options for rebuilding North Atlantic 
        swordfish to levels that would produce the maximum sustainable 
        yield, including alternative methods for reducing small fish 
        mortality, for consideration at the ICCAT meeting in 
        1999.</DELETED>
        <DELETED>    (4) Reducing the mortality of species of Atlantic 
        billfish, including Atlantic blue marlin, Atlantic white 
        marlin, and Atlantic sailfish/spearfish, will contribute 
        substantially to the rebuilding of these stocks.</DELETED>
        <DELETED>    (5) In 1990, ICCAT encouraged its member states to 
        take appropriate measures within their national jurisdictions 
        to protect small swordfish, including the establishment of time 
        and area closures.</DELETED>
        <DELETED>    (6) Significant reductions in the mortality of 
        juvenile swordfish, species of Atlantic billfish, species of 
        Atlantic large coastal sharks, and other highly migratory 
        species of fish within the exclusive economic zone of the 
        United States can be achieved by the design and implementation 
        of discrete, scientifically-based time-area closures for 
        pelagic longline fishing.</DELETED>
        <DELETED>    (7) Conflicts between the commercial pelagic 
        longline fishery and the recreational fishery for highly 
        migratory species exist in certain areas of the U.S. Exclusive 
        Economic Zone in the Atlantic Ocean and Gulf of Mexico and can 
        be substantially reduced by the design and implementation of 
        discrete, scientifically-based time-area closures for pelagic 
        longline fishing.</DELETED>
        <DELETED>    (8) A credible, scientifically-based time-area 
        closure for pelagic longline fishing that would achieve 
        reductions in the bycatch and mortality of overfished highly 
        migratory species within the United States Exclusive Economic 
        Zone will provide a model for applying the same conservation 
        concept more broadly in international waters through ICCAT in 
        further pursuit of the goal of rebuilding the stocks of these 
        species.</DELETED>
        <DELETED>    (9) The time-area closures for pelagic longline 
        fishing within the United States Exclusive Economic Zone that 
        will contribute to achieving the conservation objectives for 
        swordfish, billfish, and large coastal sharks in the Atlantic 
        Ocean and Gulf of Mexico and that will reduce conflicts between 
        commercial and recreational fishermen will result in 
        substantial adverse economic impacts on United States 
        commercial fishermen who engage in pelagic longline fishing, as 
        well as their families and communities. Such adverse economic 
        impacts can be minimized by a fair and equitable buyout of the 
        permits and licenses of certain pelagic longline fishing 
        vessels.</DELETED>
        <DELETED>    (10) The commercial fishermen who sustain 
        substantial adverse economic impacts from such time-area 
        closures and who should be eligible to participate in such a 
        government buyout include those who, according to the National 
        Marine Fisheries Service data, have--</DELETED>
                <DELETED>    (A) reported that at least 35 percent of 
                their vessel's annual fishing sets were conducted in 
                the proposed closed areas in any one year from 1992 
                through 1997;</DELETED>
                <DELETED>    (B) reported that they conducted at least 
                25 pelagic longline gear sets during their qualifying 
                year;</DELETED>
                <DELETED>    (C) reported that at least 50 percent of 
                their landings for the 1995-1997 period were comprised 
                of pelagic longline target species, including 
                swordfish, tunas, mahi-mahi, escolar, and oceanic 
                sharks; and</DELETED>
                <DELETED>    (D) qualified for a Directed Swordfish 
                Initial Limited Access Permit.</DELETED>
        <DELETED>    (11) There is a great need for the National Marine 
        Fisheries Service to conduct additional scientific research, in 
        cooperation with pelagic longline fishing vessels, to identify 
        the uses and configurations of pelagic longline fishing gear 
        that are most effective in reducing bycatch.</DELETED>

<DELETED>SEC. 3. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (1) to contribute to the conservation and 
        rebuilding of overfished stocks of highly migratory species, 
        including North Atlantic swordfish, species of Atlantic 
        billfish, and Atlantic large coastal sharks, through reductions 
        in mortality and the protection of those nursery and spawning 
        areas that may occur within the exclusive economic zone of the 
        United States, to levels that will produce maximum sustainable 
        yield, in compliance with United States obligations under the 
        International Convention for the Conservation of Atlantic Tunas 
        and consistent with National Standard (1) and section 304 of 
        the Magnuson-Stevens Act;</DELETED>
        <DELETED>    (2) to minimize adverse socio-economic impacts on 
        United States commercial fishermen and their families, small 
        fishing business entities, and fishing communities consistent 
        with National Standard (8) of the Magnuson-Stevens Act and the 
        requirements of the Regulatory Flexibility Act, resulting from 
        the conservation actions taken under this Act;</DELETED>
        <DELETED>    (3) to enhance both the socio-economic viability 
        of the remaining United States pelagic longline fishing 
        industry and recreational fishing opportunities for highly 
        migratory species;</DELETED>
        <DELETED>    (4) to minimize bycatch, including regulatory 
        discards, consistent with the Magnuson-Stevens Act and the 
        international obligations of the United States;</DELETED>
        <DELETED>    (5) to support and encourage the United States 
        Government's efforts to obtain international agreements that 
        provide for effective fishery conservation and management 
        consistent with the policies set forth in section 2(c) of the 
        Magnuson-Stevens Act and to provide the necessary leadership 
        for achieving greater international conservation of highly 
        migratory species;</DELETED>
        <DELETED>    (6) to reduce conflicts within the exclusive 
        economic zone of the United States between the pelagic longline 
        and recreational fisheries for highly migratory species; 
        and</DELETED>
        <DELETED>    (7) to expand the scientific knowledge and 
        understanding of Atlantic highly migratory species and the 
        fisheries of the United States.</DELETED>

<DELETED>SEC. 4. POLICY.</DELETED>

<DELETED>    It is declared to be the policy of the Congress in this 
Act and the Atlantic Tunas Convention Act of 1975 that, consistent with 
the Magnuson-Stevens Act, all United States fishermen shall be treated 
fairly and equitably in achieving national and international fishery 
conservation and management objectives and obligations for highly 
migratory species of the Atlantic Ocean and Gulf of Mexico.</DELETED>

<DELETED>SEC. 5. DEFINITIONS.</DELETED>

<DELETED>    In this Act, the following definitions apply:</DELETED>
        <DELETED>    (1) Affected state.--The term ``affected State'' 
        means one of the following States: South Carolina, Georgia, 
        Florida, Alabama, Mississippi, Louisiana, and Texas.</DELETED>
        <DELETED>    (2) Billfish.--The term ``billfish'' means blue 
        marlin, spearfish, sailfish and white marlin.</DELETED>
        <DELETED>    (3) Bycatch.--The term ``bycatch'' means fish 
        which are harvested in a fishery, but which are not sold or 
        kept for personal use, and includes economic discards and 
        regulatory discards. The term does not include fish released 
        alive under a recreational catch and release fishery management 
        program.</DELETED>
        <DELETED>    (4) Eligible permit holder.--The term ``eligible 
        permit holder'' means the person or group of persons who, on 
        the date of enactment of this Act, holds the Directed Swordfish 
        Limited Access Permit that was issued based on the landings of 
        an eligible vessel.</DELETED>
        <DELETED>    (5) Commercial fishing.--The term ``commercial 
        fishing'' means fishing in which the fish harvested, either in 
        whole or in part, are intended to enter commerce or enter 
        commerce through sale, barter, or trade.</DELETED>
        <DELETED>    (6) Eligible vessel.--The term ``eligible vessel'' 
        means each vessel listed in section 7(a) of this Act.</DELETED>
        <DELETED>    (7) Fish.--The term ``fish'' means finfish, 
        mollusks, crustaceans, and all other forms of marine animal and 
        plant life other than marine mammals and birds.</DELETED>
        <DELETED>    (8) Fishing.--The term ``fishing'' means--
        </DELETED>
                <DELETED>    (A) the catching, taking, or harvesting of 
                fish;</DELETED>
                <DELETED>    (B) the attempted catching, taking, or 
                harvesting of fish;</DELETED>
                <DELETED>    (C) any other activity which can 
                reasonably be expected to result in the catching, 
                taking, or harvesting of fish; or</DELETED>
                <DELETED>    (D) any operations at sea in support of, 
                or in preparation for, any activity described in 
                subparagraphs (A) through (C).</DELETED>
        <DELETED>The term does not include any scientific research 
        activity that is authorized by the Secretary.</DELETED>
        <DELETED>    (9) Fishing vessel.--The term ``fishing vessel'' 
        means any vessel, boat, ship, or other craft which is used for, 
        equipped to be used for, or of a type which is normally used 
        for--</DELETED>
                <DELETED>    (A) fishing; or</DELETED>
                <DELETED>    (B) aiding or assisting one or more 
                vessels at sea in the performance of any activity 
                relating to fishing, including but not limited to 
                preparation, supply, storage, refrigeration, 
                transportation, or processing.</DELETED>
        <DELETED>    (10) Geodesic.--The term ``geodesic'' means the 
        shortest line between two points that lies on the surface of 
        the Earth.</DELETED>
        <DELETED>    (11) Highly migratory species.--The term ``highly 
        migratory species'' means tuna species, billfish, oceanic 
        sharks, and swordfish.</DELETED>
        <DELETED>    (12) Magnuson-stevens act.--The term ``Magnuson-
        Stevens Act'' means the Magnuson-Stevens Fishery Conservation 
        and Management Act (16 U.S.C. 1801 et seq.).</DELETED>
        <DELETED>    (13) Pelagic longline fishing.--The term ``pelagic 
        longline fishing'' means a method of fishing that uses any 
        fishing gear consisting of a length of line suspended 
        horizontally in the water above the bottom from lines attached 
        to surface floats and to which gangions and hooks are 
        attached.</DELETED>
        <DELETED>    (14) Person.--The term ``person'' means any 
        individual, corporation, partnership, association, or other 
        entity (whether or not organized or existing under the laws of 
        any State).</DELETED>
        <DELETED>    (15) Recreational fishing.--The term 
        ``recreational fishing'' means fishing for sport or 
        pleasure.</DELETED>
        <DELETED>    (16) Record address.--The term ``record address'' 
        means the address of record for each permit holder and 
        swordfish dealer as maintained in the National Marine Fisheries 
        Service's databases.</DELETED>
        <DELETED>    (17) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.</DELETED>
        <DELETED>    (18) Swordfish dealer.--The term ``swordfish 
        dealer'' means any person who purchases, trades for, or barters 
        for the receipt of any Atlantic swordfish (whether imported or 
        domestic and regardless of origin) for any commercial purpose 
        (including selling, trading, or bartering such swordfish to 
        others).</DELETED>

<DELETED>SEC. 6. HIGHLY MIGRATORY SPECIES CONSERVATION ZONES.</DELETED>

<DELETED>    (a) Atlantic Conservation Zone for Highly Migratory 
Species.--No person may engage in pelagic longline fishing in the 
Atlantic Conservation Zone For Highly Migratory Species, which is the 
area, seaward of the baseline from which the territorial sea is 
measured, that is enclosed by a series of geodesics connecting in 
succession the points at the following coordinates:</DELETED>
        <DELETED>    (1) 26 degrees 30 minutes north latitude, 82 
        degrees 0 minutes west longitude;</DELETED>
        <DELETED>    (2) 24 degrees 0 minutes north latitude, 82 
        degrees 0 minutes west longitude;</DELETED>
        <DELETED>    (3) 24 degrees 0 minutes north latitude, 81 
        degrees 08 minutes west longitude;</DELETED>
        <DELETED>    (4) seaward extension of the Exclusive Economic 
        Zone;</DELETED>
        <DELETED>    (5) 28 degrees 17 minutes north latitude, 79 
        degrees 0 minutes west longitude;</DELETED>
        <DELETED>    (6) 31 degrees 0 minutes north latitude, 78 
        degrees 0 minutes west longitude;</DELETED>
        <DELETED>    (7) 32 degrees 0 minutes north latitude, 78 
        degrees 0 minutes west longitude;</DELETED>
        <DELETED>    (8) 32 degrees 0 minutes north latitude, 77 
        degrees 0 minutes west longitude;</DELETED>
        <DELETED>    (9) 33 degrees 0 minutes north latitude, 77 
        degrees 0 minutes west longitude;</DELETED>
        <DELETED>    (10) 33 degrees 0 minutes north latitude, 78 
        degrees 0 minutes west longitude; and</DELETED>
        <DELETED>    (11) 33 degrees 51 minutes north latitude, 78 
        degrees 33 minutes west longitude.</DELETED>
<DELETED>    (b) Gulf of Mexico Conservation Zone for Swordfish.--Every 
year, during the period of January 1 through Memorial Day, no person 
may engage in pelagic longline fishing in the Gulf Of Mexico 
Conservation Zone For Swordfish, which is the area enclosed by a series 
of geodesics connecting in succession the points at the following 
coordinates:</DELETED>
        <DELETED>    (1) 30 degrees 0 minutes north latitude, 87 
        degrees 30 minutes west longitude;</DELETED>
        <DELETED>    (2) 30 degrees 0 minutes north latitude, 86 
        degrees 0 minutes west longitude;</DELETED>
        <DELETED>    (3) 29 degrees 0 minutes north latitude, 86 
        degrees 0 minutes west longitude; and</DELETED>
        <DELETED>    (4) 29 degrees 0 minutes north latitude, 87 
        degrees 30 minutes west longitude.</DELETED>
<DELETED>    (c) Gulf of Mexico Conservation Zone for Highly Migratory 
Species.--During the period that begins on the first Memorial Day after 
the date of enactment of this Act and continues through Labor Day of 
the same calendar year, and during the period of Memorial Day through 
Labor Day in each of the next four calendar years, no person may engage 
in pelagic longline fishing in the Gulf Of Mexico Conservation Zone For 
Highly Migratory Species, which is the area, seaward of the baseline 
from which the territorial sea is measured, that is enclosed by a 
series of geodesics connecting in succession the points at the 
following coordinates:</DELETED>
        <DELETED>    (1) 26 degrees 0 minutes north latitude, 97 
        degrees 10 minutes west longitude (at approximately the border 
        between the United States and Mexico);</DELETED>
        <DELETED>    (2) 26 degrees 0 minutes north latitude, 96 
        degrees 0 minutes west longitude;</DELETED>
        <DELETED>    (3) 27 degrees 30 minutes north latitude, 94 
        degrees 30 minutes west longitude;</DELETED>
        <DELETED>    (4) 27 degrees 30 minutes north latitude, 90 
        degrees 0 minutes west longitude;</DELETED>
        <DELETED>    (5) 28 degrees 0 minutes north latitude, 90 
        degrees 0 minutes west longitude;</DELETED>
        <DELETED>    (6) 28 degrees 0 minutes north latitude, 89 
        degrees 30 minutes west longitude;</DELETED>
        <DELETED>    (7) 29 degrees 0 minutes north latitude, 87 
        degrees 30 minutes west longitude;</DELETED>
        <DELETED>    (8) 29 degrees 0 minutes north latitude, 86 
        degrees 0 minutes west longitude; and</DELETED>
        <DELETED>    (9) 29 degrees 40 minutes north latitude, 85 
        degrees 20 minutes west longitude (at Cape San Blas, 
        Florida).</DELETED>
<DELETED>    (d) Scientific Research Exception.--The restrictions under 
this section on fishing do not apply to pelagic longline fishery 
research authorized by the Secretary. No fish caught under the research 
program may be sold unless authorized by the Secretary.</DELETED>
<DELETED>    (e) Effective Date.--This section shall be effective on 
the 165th day after the date of enactment of this Act, except that 
subsection (c) shall be effective on the first Memorial Day after the 
date of enactment of this Act.</DELETED>

<DELETED>SEC. 7. PELAGIC LONGLINE FISHING VESSEL PERMIT HOLDER 
              COMPENSATION PROGRAM.</DELETED>

<DELETED>    (a) Voluntary Compensation Program.--The Secretary shall 
conduct a voluntary Pelagic Longline Vessel Permit Holder Compensation 
Program. Except as provided in subsection (b), the following vessels 
are eligible for the Compensation Program:</DELETED>
        <DELETED>    (1) ALEX JAMES, United States official number 
        593864.</DELETED>
        <DELETED>    (2) AMANDA KAY, United States official number 
        691398.</DELETED>
        <DELETED>    (3) BEAU, United States official number 
        647878.</DELETED>
        <DELETED>    (4) BETTE BOOP, United States official number 
        673527.</DELETED>
        <DELETED>    (5) BETTY B, United States official number 
        689987.</DELETED>
        <DELETED>    (6) BIGEYE, United States official number 
        628300.</DELETED>
        <DELETED>    (7) BLACK JACK ONE, United States official number 
        592219.</DELETED>
        <DELETED>    (8) BONNEY ANNE, United States official number 
        666686.</DELETED>
        <DELETED>    (9) BUCKAROO, United States official number 
        576503.</DELETED>
        <DELETED>    (10) CANDACE, United States official number 
        673556.</DELETED>
        <DELETED>    (11) CAPT. BOB, United States official number 
        929813.</DELETED>
        <DELETED>    (12) CAROL ANN, United States official number 
        609121.</DELETED>
        <DELETED>    (13) CHARLESTON STAR, United States official 
        number 591301.</DELETED>
        <DELETED>    (14) CHRISTOPHER JOE, United States official 
        number 608436.</DELETED>
        <DELETED>    (15) CHRISTY, United States official number 
        933833.</DELETED>
        <DELETED>    (16) CLAYTON REED, United States official number 
        683286.</DELETED>
        <DELETED>    (17) CORAL LADY, United States official number 
        649372.</DELETED>
        <DELETED>    (18) DAKOTA, United States official number 
        956008.</DELETED>
        <DELETED>    (19) ERICA-LYNN, United States official number 
        611243.</DELETED>
        <DELETED>    (20) EXPLORER, United States official number 
        643055.</DELETED>
        <DELETED>    (21) FATHER & SON, United States official number 
        611056.</DELETED>
        <DELETED>    (22) GINA D, United States official number 
        602788.</DELETED>
        <DELETED>    (23) GRAND CRU, United States official number 
        508393.</DELETED>
        <DELETED>    (24) HAPPY NIGHT TONIGHT, United States official 
        number 632057.</DELETED>
        <DELETED>    (25) ITALIAN STALLION, United States official 
        number 603239.</DELETED>
        <DELETED>    (26) JACQUELINE L., United States official number 
        551612.</DELETED>
        <DELETED>    (27) JANICE ANN, United States official number 
        646506.</DELETED>
        <DELETED>    (28) JOAN MARIE, United States official number 
        599408.</DELETED>
        <DELETED>    (29) JOSHUA NICOLE, United States official number 
        912738.</DELETED>
        <DELETED>    (30) JUST RIGHT, United States official number 
        692184.</DELETED>
        <DELETED>    (31) KELLY ANN, United States official number 
        633432.</DELETED>
        <DELETED>    (32) KRISTIN LEE, United States official number 
        656259.</DELETED>
        <DELETED>    (33) LADY LAURA, State of Florida registration 
        number FL2054GY.</DELETED>
        <DELETED>    (34) LINDSEY JEANETTE, United States official 
        number 618472.</DELETED>
        <DELETED>    (35) LINNEA C, United States official number 
        665962.</DELETED>
        <DELETED>    (36) LISA ANN, United States official number 
        659897.</DELETED>
        <DELETED>    (37) LORI MARIE, United States official number 
        674417.</DELETED>
        <DELETED>    (38) MAR JACK, United States official number 
        640008.</DELETED>
        <DELETED>    (39) MARION FRANCES, United States official number 
        541694.</DELETED>
        <DELETED>    (40) MARY ANN, United States official number 
        596805.</DELETED>
        <DELETED>    (41) MGB, United States official number 
        656564.</DELETED>
        <DELETED>    (42) MISS DANIELLE, United States official number 
        697038.</DELETED>
        <DELETED>    (43) MISS MANDY, United States official number 
        636385.</DELETED>
        <DELETED>    (44) MISS MELISSA, United States official number 
        593587.</DELETED>
        <DELETED>    (45) MISS SUZANNE, United States official number 
        510728.</DELETED>
        <DELETED>    (46) MISS TAKE, United States official number 
        667970.</DELETED>
        <DELETED>    (47) MISS-SHELL, United States official number 
        637883.</DELETED>
        <DELETED>    (48) OUTLAW, United States official number 
        643282.</DELETED>
        <DELETED>    (49) PEACEFUL LADY, United States official number 
        918933.</DELETED>
        <DELETED>    (50) PROUD MARY ELLEN, United States official 
        number 615810.</DELETED>
        <DELETED>    (51) PROVIDER, United States official number 
        602041.</DELETED>
        <DELETED>    (52) PROVIDER II, United States official number 
        648979.</DELETED>
        <DELETED>    (53) R&R, United States official number 
        945535.</DELETED>
        <DELETED>    (54) RAW DAWG, United States official number 
        677230.</DELETED>
        <DELETED>    (55) REBECCA PAGE, United States official number 
        684131.</DELETED>
        <DELETED>    (56) REBEL LADY, United States official number 
        628471.</DELETED>
        <DELETED>    (57) ROYAL LADY, United States official number 
        615626.</DELETED>
        <DELETED>    (58) RUTH-ANNE, United States official number 
        598591.</DELETED>
        <DELETED>    (59) SEA ANGEL, United States official number 
        926754.</DELETED>
        <DELETED>    (60) SEVEN ARROWS, United States official number 
        611304.</DELETED>
        <DELETED>    (61) SHERRIE ANN II, State of Florida registration 
        number FL3716JU.</DELETED>
        <DELETED>    (62) SOUTHERN GALE, United States official number 
        588452.</DELETED>
        <DELETED>    (63) STRAIGHT FLUSH, United States official number 
        663691.</DELETED>
        <DELETED>    (64) SUSAN II, United States official number 
        594618.</DELETED>
        <DELETED>    (65) SYLVIA JEAN, United States official number 
        609788.</DELETED>
        <DELETED>    (66) TRI LINER, United States official number 
        624323.</DELETED>
        <DELETED>    (67) TRIPLE THREAT, United States official number 
        646718.</DELETED>
        <DELETED>    (68) UNCLOUDY DAY, United States official number 
        950979.</DELETED>
<DELETED>    (b) Ineligibility Due to Permit or Vessel Transfer After 
November 10, 1999.--A vessel listed under subsection (a) shall not be 
eligible if the vessel or any Federal fishing permit or license 
applicable to that vessel is transferred to a different person after 
November 10, 1999.</DELETED>
<DELETED>    (c) Compensation Notification.--No later than the 15th 
calendar day after the date of enactment of this Act, the Secretary 
shall, by certified mail return receipt requested, addressed to each 
permit holder at its record address, notify each permit holder of--
</DELETED>
        <DELETED>    (1) the compensation provisions of this Act; 
        and</DELETED>
        <DELETED>    (2) any other compensation instructions or 
        guidance that the Secretary may (but not by regulation or 
        further notice of any other kind) establish.</DELETED>
<DELETED>    (d) Compensation Amount.--The compensation amount shall 
include, a permit package payment of $125,000 per eligible permit 
holder plus, either--</DELETED>
        <DELETED>    (1) zero for any eligible permit holder that did 
        not report any landings of highly migratory species by the 
        associated eligible vessel to the National Marine Fisheries 
        Service for the period beginning on January 1, 1999, and ending 
        on October 1, 1999; or</DELETED>
        <DELETED>    (2) for every other eligible permit holder, a 
        landing payment that the Secretary determines in accordance 
        with subsection (e).</DELETED>
<DELETED>    (e) Landing Payment Determination.--The Secretary's 
determinations of all landing payments shall be final and in accordance 
with the following:</DELETED>
        <DELETED>    (1) Basis.--The basis for each landing payment 
        shall be the gross ex-vessel value of all fish (regardless of 
        species) landed by the eligible vessel during any one calendar 
        year in the period beginning with the calendar year 1992 and 
        ending with calendar year 1998.</DELETED>
        <DELETED>    (2) Maximum amount.--The amount of each landing 
        payment shall be 100 percent of such basis not to exceed 
        $325,000.</DELETED>
        <DELETED>    (3) Holder to advise secretary.--No later than the 
        75th calendar day after the date of enactment of this Act each 
        permit holder who desires to be compensated under this Act 
        shall--</DELETED>
                <DELETED>    (A) advise the Secretary which single 
                calendar year from 1992 through 1998 the permit holder 
                chooses as the basis for the permit holder's landing 
                payment; and</DELETED>
                <DELETED>    (B) submit to the Secretary the permit 
                holder's documentation for the gross ex-vessel value of 
                all fish (regardless of species) landed by the eligible 
                vessel during the basis year chosen; or</DELETED>
                <DELETED>    (C) advise the Secretary that the permit 
                holder does not possess adequate documentation and, 
                consequently elects to have the Secretary calculate a 
                default landing payment.</DELETED>
        <DELETED>    (4) Documentation.--Documentation under paragraph 
        (3)(C) shall be in the form of trip tickets (or other landing 
        documentation issued by the first ex-vessel fish buyer or 
        buyers) for the eligible vessel that clearly establishes on 
        their face the identity and location of the first fish buyer, 
        the vessel from whom the fish was bought, the date the fish was 
        bought, how many pounds of each species of fish was bought, and 
        how much per pound the landing vessel was paid for each species 
        of fish bought (no other documentation shall be 
        acceptable)</DELETED>
        <DELETED>    (5) Calculation of amount.--If the permit holder 
        submits adequate documentation the Secretary shall use it to 
        calculate the landing payment. If the permit holder elects to 
        have the Secretary calculate a default landing payment (or 
        submits inadequate documentation), the Secretary shall 
        calculate a default payment by applying average ex-vessel 
        prices (where possible, for each month of landing and state or 
        area of landing as maintained in the National Marine Fisheries 
        Service's databases) to each pound of species of fish landed by 
        the permit holder's eligible vessel during the basis year that 
        the permit holder chooses.</DELETED>
<DELETED>    (f) Compensation Offer.--No later than the 135th calendar 
day after the date of enactment of this Act, the Secretary shall, by 
certified mail return receipt requested, addressed to each eligible 
permit holder at its record address, offer each eligible permit holder 
compensation for an amount determined in accordance with this section. 
The Secretary's offer shall be final and not subject to negotiation or 
counteroffer.</DELETED>
<DELETED>    (g) Compensation Offer Acceptance.--</DELETED>
        <DELETED>    (1) In general.--Each eligible permit holder who 
        desires to be compensated in accordance with this Act must 
        accept the Secretary's compensation offer no later than the 
        165th calendar day after the date of enactment of this 
        Act.</DELETED>
        <DELETED>    (2) Requirements.--The acceptance--</DELETED>
                <DELETED>    (A) must be in writing signed by the 
                permit holder or permit holder's duly authorized 
                representative and delivered to the Chief, Financial 
                Services Division, National Marine Fisheries Service, 
                1315 East-West Highway, Silver Spring, MD 20910-3282, 
                and include direct wire transfer 
                instructions;</DELETED>
                <DELETED>    (B) shall constitute the permit holder's 
                irrevocable consent for all other restrictions that 
                this Act permanently requires with respect to the 
                eligible vessel and all such restrictions shall 
                immediately be in effect; and</DELETED>
                <DELETED>    (C) shall be accompanied by all commercial 
                fishing permits and licenses held by the permit holder 
                that are applicable to the eligible vessel.</DELETED>
        <DELETED>    (3) Form of delivery.--</DELETED>
                <DELETED>    (A) If the acceptance is mailed, it must 
                be mailed by certified mail return receipt requested. 
                The Secretary shall consider the date of acceptance to 
                be the date on which it was mailed.</DELETED>
                <DELETED>    (B) If the acceptance is delivered by any 
                other means, the Secretary shall consider the date of 
                acceptance to be the date on which the Secretary first 
                received the acceptance. The Secretary's determinations 
                regarding the timeliness of the acceptance shall be 
                final.</DELETED>
<DELETED>    (h) Compensation Payment.--No later than the 195th 
calendar day after the date of enactment of this Act, the Secretary 
shall, in accordance with this section, pay compensation in full to 
each permit holder whose acceptance of the Secretary's offer was 
timely.</DELETED>
<DELETED>    (i) Federal Loan.--Under the authority of sections 1111 
and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 
1279f and 1279g), the Secretary shall provide up to $10,000,000 through 
a direct loan obligation for any payments authorized under this section 
that are not fully paid for by funds appropriated under subsection (j) 
of this section. For purposes of such sections 1111 and 1112, these 
payments shall be treated as payments under a fishing capacity 
reduction program established under section 312 of the Magnuson-Stevens 
Act (16 U.S.C. 1861a). Notwithstanding subsection (b)(4) of such 
section 1111, the debt obligation under this subsection shall have a 
maturity of 30 years.</DELETED>
<DELETED>    (j) Authorization of Appropriations.--There shall be 
authorized to be appropriated $100,000 for the costs required by the 
Federal Credit Reform Act for the $10,000,000 direct loan authorized 
under this section and $15,000,000 for the balance of the compensation 
payments authorized under this Act.</DELETED>

<DELETED>SEC. 8. RESTRICTIONS ON VESSELS.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) All commercial fishing permits or licenses 
        held by an eligible permit holder accepting compensation under 
        section 7 shall be revoked upon receipt by the Secretary of the 
        letter of acceptance under section 7(g).</DELETED>
        <DELETED>    (2) For each eligible vessel for which an eligible 
        permit holder whose commercial fishing permits and licenses 
        have been revoked and who accepted a landing payment, such 
        vessel shall never again be used by any person anywhere in the 
        world (regardless of the national status of such person) for 
        commercial fishing.</DELETED>
<DELETED>    (b) Ineligibility for Fisheries Endorsement.--Section 
12108(d) of title 46, United States Code, is amended by inserting ``, 
or a vessel whose commercial fishing permits and licenses have been 
revoked under section 8(a)(2) of the Atlantic Highly Migratory Species 
Conservation Act of 1999,'' before ``is not eligible''.</DELETED>
<DELETED>    (c) Transfer to Foreign Ownership or Registry 
Prohibited.--</DELETED>
        <DELETED>    (1) Prohibited transfer.--No person may--
        </DELETED>
                <DELETED>    (A) sell, lease, charter, deliver, or in 
                any manner transfer, or agree to sell, lease, charter, 
                deliver, or in any manner transfer, to a person not a 
                citizen of the United States, any interest in or 
                control of a vessel whose commercial fishing permits 
                and licenses have been revoked; or</DELETED>
                <DELETED>    (B) place that vessel under foreign 
                registry or operate that vessel under the authority of 
                a foreign country.</DELETED>
        <DELETED>    (2) Void effect.--Any charter, sale, or transfer 
        of a vessel, or interest in or control of that vessel, in 
        violation of this subsection is void.</DELETED>
<DELETED>    (d) Penalties.--</DELETED>
        <DELETED>    (1) Criminal penalty.--Any person that knowingly 
        charters, sells, or transfers a vessel (or interest in or 
        control of that vessel) in violation of this section, or 
        knowingly uses that vessel for commercial fishing in violation 
        of this section, or knowingly submits false documentation for 
        the landing payment under section 7 shall be fined under title 
        18, United States Code, imprisoned for not more than 5 years, 
        or both.</DELETED>
        <DELETED>    (2) Forfeiture.--A vessel (including its fishing 
        gear, furniture, appurtenances, stores, and cargo) may be 
        seized by, and forfeited to, the United States Government if--
        </DELETED>
                <DELETED>    (A)(i) the vessel is placed under foreign 
                registry or operated under the authority of a foreign 
                country in violation of this section;</DELETED>
                <DELETED>    (ii) a person knowingly charters, sells, 
                or transfers a vessel, or interest or control in that 
                vessel, in violation of this section;</DELETED>
                <DELETED>    (B) the vessel is used for commercial 
                fishing in violation of this section</DELETED>
                <DELETED>    (C) the permit holder submits false 
                documentation for the landing payment under section 
                7.</DELETED>
        <DELETED>    (3) Civil penalty.--A person that charters, sells, 
        or transfers a vessel (or an interest in or control of a 
        vessel) in violation of this section, uses a vessel for 
        commercial fishing in violation of this section, or submits 
        false documentation for the landing payment under section 7 is 
        liable to the United States Government for a civil penalty of 
        not more than $10,000 for each violation.</DELETED>
<DELETED>    (e) Vessel Identification System.--The Secretary of 
Transportation shall ensure that, for each vessel whose commercial 
fishing permits and licenses have been revoked, information is recorded 
and maintained in the vessel identification system established under 
chapter 125 of title 46, United States Code, stating that the vessel is 
forbidden under this Act from engaging in commercial fishing anywhere 
in the world, that the vessel is not eligible for any commercial 
fishing permit or license (regardless of whether the permit or license 
is issued by the Federal Government, or a State government or political 
subdivision thereof), and that use of the vessel in any commercial 
fishing operation may result in Federal civil and criminal penalties 
and forfeiture of the vessel and its cargo and equipment.</DELETED>

<DELETED>SEC. 9. REPAYMENT OF DIRECT LOAN.</DELETED>

<DELETED>    (a) In General.--There is established a fishery 
conservation fee system, to be administered by the Secretary, for 
repayment of the direct loan made under section 7(f), with the 
commercial share to be repaid under subsection (b) of this section and 
the recreational share to be repaid under subsection (c) of this 
section. Fees under this section are established notwithstanding the 
requirements of section 304 or 312 of the Magnuson-Stevens Act (16 
U.S.C. 1854 and 1861a).</DELETED>
<DELETED>    (b) Commercial Share.--</DELETED>
        <DELETED>    (1) Description.--The commercial share of the 
        fishery conservation fee system shall be 50 percent of the 
        original principal amount of the loan plus all interest 
        accruing on that 50 percent of the principal amount.</DELETED>
        <DELETED>    (2) Method of payment.--The Secretary shall, for 
        the repayment of the commercial share of the loan obligation, 
        plus associated interest, establish a fee, which--</DELETED>
                <DELETED>    (A) shall be an amount determined by the 
                Secretary to be sufficient to amortize the commercial 
                share over the loan term of 30 years, not to exceed 
                five cents, for each pound of all Atlantic swordfish 
                sold by swordfish dealers;</DELETED>
                <DELETED>    (B) shall be collected beginning on the 
                365th day after the date of enactment of this Act and 
                continue without interruption, regardless of the loan's 
                maturity until such commercial share is fully paid; 
                and</DELETED>
                <DELETED>    (C) shall be deducted by the swordfish 
                dealer from all proceeds received from the sale by the 
                dealer of all Atlantic swordfish and accounted for and 
                forwarded by the dealer to the Secretary in the 
                following manner:</DELETED>
                        <DELETED>    (i) The fee for all proceeds 
                        received during each month shall be forwarded 
                        by not later than the 15th calendar day of each 
                        month immediately following the month for which 
                        the fees were collected and fee payments shall 
                        be late if not received at the lock box by the 
                        20th calendar day of each such immediately 
                        following month.</DELETED>
                        <DELETED>    (ii) All fees forwarded shall 
                        include a settlement sheet that establishes the 
                        total proceeds received during the previous 
                        month, the total pounds of all Atlantic 
                        swordfish sold upon which such receipts were 
                        based, and the total fee forwarded.</DELETED>
                        <DELETED>    (iii) All fees shall be forwarded 
                        to a lock box account that the Secretary shall 
                        designate by a letter to each swordfish dealer 
                        holding a swordfish dealer's permit at its 
                        record address.</DELETED>
                        <DELETED>    (iv) All fee matters shall be in 
                        accordance with such other conditions as the 
                        Secretary shall establish, and amend from time 
                        to time by a letter (but not by regulation or 
                        any other form of notice) sent to each 
                        swordfish dealer holding a swordfish dealer's 
                        permit at its record address.</DELETED>
        <DELETED>    (3) Duty of prompt notification.--The Secretary 
        shall immediately notify swordfish dealers and swordfish 
        limited access permit holders when the commercial share has 
        been fully repaid and the collection requirement terminates. 
        This shall be accomplished by the Secretary's letter sent to 
        each swordfish dealer, holding a swordfish dealer's permit and 
        each swordfish limited access permit holder at its record 
        address.</DELETED>
        <DELETED>    (4) Audit.--The Secretary may at reasonable times 
        and places conduct audits of swordfish dealer's books and 
        records to determine compliance with this section. Swordfish 
        dealers shall furnish such books and records as the Secretary 
        may reasonably require for the conduct of such 
        audits.</DELETED>
        <DELETED>    (5) Penalty interest on late fee payments.--
        Swordfish dealers shall pay penalty interest equal to one and 
        one-half percent the full amount of each late fee payment for 
        each month, or portion thereof, in which a late fee payment 
        remains unpaid.</DELETED>
        <DELETED>    (6) Enforcement.--The Secretary shall collect all 
        unpaid fees by such manner as the Secretary considers 
        appropriate, including bringing collection enforcement actions 
        at law and attaching and liquidating swordfish dealers' 
        assets.</DELETED>
        <DELETED>    (7) Continuing obligation.--Notwithstanding that 
        the commercial share of the loan is not paid in full by the 
        loan's maturity date, the fee shall continue without 
interruption until such time as the commercial share is paid in 
full.</DELETED>
<DELETED>    (c) Recreational Share.--</DELETED>
        <DELETED>    (1) Description.--The recreational share of the 
        fishery conservation fee system shall be 50 percent of the 
        original principal amount of the loan plus all interest 
        accruing on 50 percent of the principal amount.</DELETED>
        <DELETED>    (2) Methods of payment.--The recreational share of 
        the loan obligation, plus associated interest, shall be repaid 
        through payment by affected States under paragraph (3), and by 
        the sale of fishery conservation permits issued under paragraph 
        (4).</DELETED>
        <DELETED>    (3) Payment by affected state.--A vessel 
        registered in an affected State will not be required to 
        purchase a Federal fishery conservation permit if the State, no 
        later than the 240th calendar day after the date of enactment 
        of this Act, makes a binding, legally enforceable agreement 
        with the United States Government to pay fully, within 4 years 
        after the date of enactment of this Act, the State's 
        recreational share allocation, plus associated interest. The 
        allocations for each affected State shall not exceed 40 percent 
        for any affected States and will be based on the State's 
        percentage of the total length of coastline adjacent to any 
        area closed under section 6 and the total number of marine 
        anglers for all 7 States. Such allocations are as 
        follows:</DELETED>
                <DELETED>    (A) South Carolina--9.4 percent;</DELETED>
                <DELETED>    (B) Georgia--4.3 percent;</DELETED>
                <DELETED>    (C) Florida--40.0 percent;</DELETED>
                <DELETED>    (D) Alabama--3.2 percent;</DELETED>
                <DELETED>    (E) Mississippi--2.6 percent;</DELETED>
                <DELETED>    (F) Louisiana--14.6 percent; and</DELETED>
                <DELETED>    (G) Texas--19.9 percent.</DELETED>
        <DELETED>    (4) Fishery conservation permits.--</DELETED>
                <DELETED>    (A) Issuance and sale.--On or about one 
                year after the date of enactment of this Act and 
                thereafter until the recreational share is fully 
                repaid, the Secretary shall issue for $25 each an 
                annual fishery conservation permit to vessels over 18 
                feet in length wishing to engage in recreational 
                fishing for highly migratory species in any area closed 
                under section 6. For vessels registered in a State 
                electing to pay the recreational share, the Secretary 
                shall issue the permit free of charge.</DELETED>
                <DELETED>    (B) Means of sale or issuance.--The 
                Secretary--</DELETED>
                        <DELETED>    (i) may, to the extent 
                        practicable, authorize the permits to be issued 
                        or sold by a variety of persons, including 
                        state agencies, retail dealers, and through 
                        convenient means, including the Internet and 
                        toll-free telephone numbers; and</DELETED>
                        <DELETED>    (ii) may establish procedures for 
                        such persons to account for and forward the 
                        proceeds of sale to the Secretary.</DELETED>
                <DELETED>    (C) Exception.--The Secretary may not 
                issue such permits after the repayment of the 
                recreational share of the loan obligation.</DELETED>
                <DELETED>    (D) Vessels registered in affected 
                states.--Vessels registered in affected States agreeing 
                to pay the recreational share shall obtain a fishery 
                conservation permit from the Secretary or the affected 
                State where the vessel is registered.</DELETED>
        <DELETED>    (5) Prohibition.--After the 240th day after the 
        date of enactment of this Act until the recreational share is 
        fully repaid under this Act, no person may engage in 
        recreational fishing for highly migratory species in any closed 
        area from a vessel of 18 feet or more in length, unless the 
        vessel has been issued a valid fishery conservation permit. 
        Such permit must be retained on the vessel. It shall be a 
        rebuttable presumption that any 18 foot or larger recreational 
        vessel with gear aboard capable of catching HMS species shall 
        be presumed to be fishing for HMS species. Once the 
        recreational share has been fully repaid this prohibition shall 
        be null and void.</DELETED>
        <DELETED>    (6) Duty of prompt notification.--The Secretary 
        shall immediately notify the Coast Guard, the heads of the 
        agencies of the affected States that have responsibility for 
        marine fishery law enforcement, retail dealers and others who 
        sell fishery conservation permits under this subsection, and 
        the public when: payment of the recreational share begins, and 
        the recreational share has been fully repaid. This shall be 
        accomplished by a Federal Register notice, direct 
        communication, and such other means as the Secretary determines 
        are effective and appropriate.</DELETED>
        <DELETED>    (7) Repayment.--Money received under subsections 
        (3) and (4), shall be accounted for and paid by the Secretary 
        into the subaccount of the Treasury established for the 
        repayment of the direct loan made under section 7(i).</DELETED>

<DELETED>SEC. 10. PROHIBITED ACT UNDER MAGNUSON-STEVENS ACT.</DELETED>

<DELETED>    A person who violates this Act shall, in addition to any 
other penalties provided in this Act or elsewhere, be considered to 
have committed an act prohibited under section 307(1)(A) of the 
Magnuson-Stevens Act (16 U.S.C. 1857(1)(A)).</DELETED>

<DELETED>SEC. 11. BILLFISH BYCATCH MORTALITY REDUCTION RESEARCH 
              PROGRAM.</DELETED>

<DELETED>    (a) Establishment of Program.--There is established within 
the National Marine Fisheries Service at the Southeast Fisheries 
Science Center a Pelagic Longline Billfish Bycatch and Mortality 
Reduction Research Program. The Program shall identify and test a 
variety of pelagic longline fishing gear configurations and uses and 
determine which of those configurations and uses are the most effective 
in reducing billfish bycatch mortality in the pelagic longline 
fisheries of the Gulf of Mexico and in the exclusive economic zone 
north of the Atlantic Conservation Zone established under section 6. 
The program shall also include provision for observers to be placed on 
pelagic longline fishing vessels for the purposes of monitoring the 
fishery and participating in the research program.</DELETED>
<DELETED>    (b) Program Design.--The Program design shall be developed 
through a scientific workshop organized and convened by the Southeast 
Fisheries Science Center of the National Marine Fisheries Service. 
Knowledgeable members of the pelagic longline fishing sector and the 
recreational billfish sector, along with scientists associated with 
each such industry, shall be invited to participate on the workshop 
design team. The Center shall make its best efforts to ensure that each 
such sector is fairly represented on the design team. The program 
design shall be submitted to the Secretary no later than the 120th 
calendar day after the date of enactment of this Act and shall include 
a scientifically-based recommendation for the level of observer 
coverage on pelagic longline fishing vessels that is necessary to 
monitor the fishery effectively and participate in the research 
program.</DELETED>
<DELETED>    (c) Monitor and Report.--The Secretary is directed to 
aggressively monitor the mid-Atlantic bight during the months of June, 
July, and August to determine if there has been a substantial net 
increase in the number of vessels or effort from the remaining pelagic 
longline fleet and whether that net increase is causing significant 
negative impact on the recreational billfish catch. In the event the 
Secretary so finds, the Secretary shall immediately report the finding 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Resources of the House of Representatives along 
with his recommendations to address the impact.</DELETED>
<DELETED>    (d) Report to Congress.--No later than the 90th calendar 
day after the third year of closure of the Gulf Of Mexico Conservation 
Zone For Highly Migratory Species under section 6(c), the Secretary 
shall submit a report on the Program's determinations to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Resources of the House of Representatives. The report 
shall include any recommendations for legislation that may be 
appropriate prior to the expiration of the closure of the Gulf Of 
Mexico Conservation Zone For Highly Migratory Species.</DELETED>

<DELETED>SEC. 12. INTERIM REGULATIONS.</DELETED>

<DELETED>    (a) Interim Regulations.--The Secretary may not propose, 
approve, or implement before a date that is either one year after the 
date on which the Secretary submits the report to Congress on the 
results of the Billfish Bycatch Mortality Reduction Research Program 
under section 11(c) or 4 years after the date of enactment of this Act, 
whichever is later, any rules or regulations that have the effect of 
establishing any time-area closures for pelagic longline fishing in the 
Atlantic by United States fishing vessels that are in addition to, or 
otherwise expand, those time-area closures established under this 
Act.</DELETED>
<DELETED>    (b) Exception.--The prohibition set forth in subsection 
(a) shall not apply--</DELETED>
        <DELETED>    (1) to rules or regulations necessary to implement 
        any future recommendation of ICCAT or Act of 
        Congress;</DELETED>
        <DELETED>    (2) to strictly technical and conforming 
        corrections to those time-area closures established under this 
        Act that the Secretary finds are necessary for public safety 
        and enforcement of this Act; or</DELETED>
        <DELETED>    (3) if the Secretary, after consultation with the 
        Commissioners appointed under the Atlantic Tunas Convention Act 
        of 1975, finds that--</DELETED>
                <DELETED>    (A) fishing by United States pelagic 
                longline fishing vessels is causing an emergency with 
                respect to the conservation of an Atlantic highly 
                migratory species of fish;</DELETED>
                <DELETED>    (B) such emergency can not or will not be 
                addressed by the International Commission for the 
                Conservation of Atlantic Tunas in a timely manner; 
                and</DELETED>
                <DELETED>    (C) time-area closures for pelagic 
                longline fishing in the Atlantic by United States 
                fishing vessels that are in addition to, or otherwise 
                expand, those time-area closures established under this 
                Act are necessary to address such emergency and there 
                are no other practicable means available to address 
                such emergency.</DELETED>

<DELETED>SEC. 13. VESSEL MONITORING DEVICE.</DELETED>

<DELETED>    (a) In General.-- After the 165th day of enactment of this 
Act, no pelagic longline vessel shall operate within the Atlantic HMS 
fishery without a vessel monitoring device approved by the 
Secretary.</DELETED>
<DELETED>    (b) Not Required To Carry Monitoring Device.--No vessel 
accepting the buyout under section 7 will be required to carry a vessel 
monitoring device.</DELETED>
<DELETED>    (c) Costs.--Any costs attributable to the purchase and 
installation of vessel monitoring devices on any pelagic longline 
vessel fishing in the Atlantic HMS fishery that is required to carry 
such a device under this section shall be the responsibility of the 
Secretary.</DELETED>

<DELETED>SEC. 14. NULLIFICATION.</DELETED>

<DELETED>    In the event Congress fails to appropriate funds adequate 
to complete the buyout under section 7 then no provision of this Act 
shall be effective. In the event Congress fails to appropriate funds 
adequate to place vessel monitoring devices on vessels, then the 
requirement to carry such devices shall have no effect.</DELETED>

<DELETED>SEC. 15. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated to the Secretary 
$250,000 per year as the cost of carrying out the compensation program; 
$2,250,000 for vessel monitoring devices; $3,000,000 for research; plus 
such other sums as may be necessary for carrying out all other 
functions in the Act. In addition, there are authorized to be 
appropriated to the Secretary not more than $400,000 for the Southeast 
Fisheries Science Center to conduct additional research on billfish and 
swordfish.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Atlantic Highly Migratory Species 
Conservation Act of 1999''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Highly migratory species of fish, including North 
        Atlantic swordfish, species of Atlantic billfish, and Atlantic 
        large coastal sharks, are overfished and require greater 
        conservation as confirmed by recent scientific assessments. In 
        its most recent analysis, the Standing Committee on Research 
        and Statistics (SCRS) of the International Commission for the 
        Conservation of Atlantic Tunas (ICCAT) estimated that a number 
        of key stocks of highly migratory species have less than the 
        biomass needed to produce their respective maximum sustainable 
        yields. The 1999 SCRS stock assessment estimated that the North 
        Atlantic swordfish stock was at 65 percent of the necessary 
        biomass to produce maximum sustainable yield (MSY). The 1997 
        SCRS stock assessment estimated that the Atlantic blue marlin 
        stock was at 24 percent and the Atlantic white marlin stock was 
        at 23 percent of the necessary biomass to produce MSY. In its 
        most recent stock assessment for Atlantic sailfish/spearfish, 
        the SCRS estimated these stocks were at 62 percent of the 
        necessary biomass to produce MSY. Also, the National Marine 
        Fisheries Service has identified North Atlantic swordfish, 
        Atlantic blue marlin, Atlantic white marlin, Atlantic sailfish/
        spearfish, and other highly migratory species of fish as 
        overfished.
            (2) A reduction in the mortality of juvenile or undersized 
        swordfish will contribute substantially to the rebuilding of 
        North Atlantic swordfish as confirmed by a 1998 SCRS report 
        that expressed ``concern about the high catches (landings plus 
        discards) of small swordfish'' and ``emphasized that gains in 
        the yield could accrue if fishing mortality on small fish could 
        be further reduced''.
            (3) In 1998, ICCAT adopted a resolution directing the SCRS 
        to develop options for rebuilding North Atlantic swordfish to 
        levels that would produce the maximum sustainable yield, 
        including alternative methods for reducing small fish 
        mortality, for consideration at the ICCAT meeting in 1999.
            (4) Reducing the mortality of species of Atlantic billfish, 
        including Atlantic blue marlin, Atlantic white marlin, and 
        Atlantic sailfish/spearfish, will contribute substantially to 
        the rebuilding of these stocks.
            (5) In 1990, ICCAT encouraged its member states to take 
        appropriate measures within their national jurisdictions to 
        protect small swordfish, including the establishment of time 
        and area closures.
            (6) Significant reductions in the mortality of juvenile 
        swordfish, species of Atlantic billfish, species of Atlantic 
        large coastal sharks, and other highly migratory species of 
        fish within the exclusive economic zone of the United States 
        can be achieved by the design and implementation of discrete, 
        scientifically-based time-area closures for pelagic longline 
        fishing.
            (7) Conflicts between the commercial pelagic longline 
        fishery and the recreational fishery for highly migratory 
        species exist in certain areas of the U.S. Exclusive Economic 
        Zone in the Atlantic Ocean and Gulf of Mexico and can be 
        substantially reduced by the design and implementation of 
        discrete, scientifically-based time-area closures for pelagic 
        longline fishing.
            (8) A credible, scientifically-based time-area closure for 
        pelagic longline fishing that would achieve real and 
        significant reductions in the bycatch and mortality of 
        overfished highly migratory species within the United States 
        Exclusive Economic Zone will provide a model for applying the 
        same conservation concept more broadly in international waters 
        through ICCAT in further pursuit of the goal of rebuilding the 
        stocks of these species.
            (9) The time-area closures for pelagic longline fishing 
        within the United States Exclusive Economic Zone that will 
        contribute to achieving the conservation objectives for 
        swordfish, billfish, and large coastal sharks in the Atlantic 
        Ocean and Gulf of Mexico and that will reduce conflicts between 
        commercial and recreational fishermen will result in 
        substantial adverse economic impacts on United States 
        commercial fishermen who engage in pelagic longline fishing, as 
        well as their families and communities. Such adverse economic 
        impacts can be minimized by a fair and equitable buyout of the 
        permits and licenses of certain pelagic longline fishing 
        vessels.
            (10) To ensure its effectiveness and equity, the design of 
        such a governmental buyout should be consistent with the 
        standards set for capacity reduction programs under section 
        312(b) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1861 a).
            (11) The commercial fishermen who sustain substantial 
        adverse economic impacts from such time-area closures and who 
        should be eligible to participate in such a government buyout 
        include those who, according to the National Marine Fisheries 
        Service data, have--
                    (A) reported that at least 35 percent of their 
                vessel's annual fishing sets were conducted in the 
                proposed closed areas in any one year from 1992 through 
                1997;
                    (B) reported that they conducted at least 25 
                pelagic longline gear sets during their qualifying 
                year;
                    (C) reported that at least 50 percent of their 
                landings for the 1995-1997 period were comprised of 
                pelagic longline target species, including swordfish, 
                tunas, mahi-mahi, escolar, and oceanic sharks; and
                    (D) qualified for a Directed Swordfish Initial 
                Limited Access Permit.
            (12) There is a great need for the National Marine 
        Fisheries Service to conduct additional scientific research, in 
        cooperation with pelagic longline fishing vessels, to identify 
        the uses and configurations of pelagic longline fishing gear 
        that are most effective in reducing bycatch.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to contribute to the conservation and rebuilding of 
        overfished stocks of highly migratory species, including North 
        Atlantic swordfish, species of Atlantic billfish, and Atlantic 
        large coastal sharks, through reductions in mortality and the 
        protection of those nursery and spawning areas that may occur 
        within the exclusive economic zone of the United States, to 
        levels that will produce maximum sustainable yield, in 
        compliance with United States obligations under the 
        International Convention for the Conservation of Atlantic Tunas 
        and consistent with National Standard (1) and section 304 of 
        the Magnuson-Stevens Act;
            (2) to minimize adverse socio-economic impacts on United 
        States commercial fishermen and their families, small fishing 
        business entities, and fishing communities consistent with 
        National Standard (8) of the Magnuson-Stevens Act and the 
        requirements of the Regulatory Flexibility Act, resulting from 
        the conservation actions taken under this Act;
            (3) to enhance both the socio-economic viability of the 
        remaining United States pelagic longline fishing industry and 
        recreational fishing opportunities for highly migratory 
        species;
            (4) to minimize and, to the extent practicable, to prevent 
        displacement of fishing effort resulting from the conservation 
        actions taken under this Act;
            (5) to minimize bycatch, including regulatory discards, 
        consistent with the Magnuson-Stevens Act and the international 
        obligations of the United States;
            (6) to support and encourage the United States Government's 
        efforts to obtain international agreements that provide for 
        effective fishery conservation and management consistent with 
        the policies set forth in section 2(c) of the Magnuson-Stevens 
        Act and to provide the necessary leadership for achieving 
        greater international conservation of highly migratory species;
            (7) to reduce conflicts within the exclusive economic zone 
        of the United States between the pelagic longline and 
        recreational fisheries for highly migratory species; and
            (8) to expand the scientific knowledge and understanding of 
        Atlantic highly migratory species and the fisheries of the 
        United States.

SEC. 4. POLICY.

    It is declared to be the policy of the Congress in this Act and the 
Atlantic Tunas Convention Act of 1975 that, consistent with the 
Magnuson-Stevens Act, all United States fishermen shall be treated 
fairly and equitably in achieving national and international fishery 
conservation and management objectives and obligations for highly 
migratory species of the Atlantic Ocean and Gulf of Mexico.

SEC. 5. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Affected state.--The term ``affected State'' means one 
        of the following States: South Carolina, Georgia, Florida, 
        Alabama, Mississippi, Louisiana, and Texas.
            (2) Billfish.--The term ``billfish'' means blue marlin, 
        spearfish, sailfish and white marlin.
            (3) Bycatch.--The term ``bycatch'' means fish which are 
        harvested in a fishery, but which are not sold or kept for 
        personal use, and includes economic discards and regulatory 
        discards. The term does not include fish released alive under a 
        recreational catch and release fishery management program.
            (4) Eligible permit holder.--The term ``eligible permit 
        holder'' means the person or group of persons who, on the date 
        of enactment of this Act, holds the Directed Swordfish Limited 
        Access Permit that was issued based on the landings of an 
        eligible vessel.
            (5) Commercial fishing.--The term ``commercial fishing'' 
        means fishing in which the fish harvested, either in whole or 
        in part, are intended to enter commerce or enter commerce 
        through sale, barter, or trade.
            (6) Eligible vessel.--The term ``eligible vessel'' means 
        each vessel listed in section 7(a) of this Act.
            (7) Fish.--The term ``fish'' means finfish, mollusks, 
        crustaceans, and all other forms of marine animal and plant 
        life other than marine mammals and birds.
            (8) Fishing.--The term ``fishing'' means--
                    (A) the catching, taking, or harvesting of fish;
                    (B) the attempted catching, taking, or harvesting 
                of fish;
                    (C) any other activity which can reasonably be 
                expected to result in the catching, taking, or 
                harvesting of fish; or
                    (D) any operations at sea in support of, or in 
                preparation for, any activity described in 
                subparagraphs (A) through (C).
        The term does not include any scientific research activity that 
        is authorized by the Secretary.
            (9) Fishing vessel.--The term ``fishing vessel'' means any 
        vessel, boat, ship, or other craft which is used for, equipped 
        to be used for, or of a type which is normally used for--
                    (A) fishing; or
                    (B) aiding or assisting one or more vessels at sea 
                in the performance of any activity relating to fishing, 
                including but not limited to preparation, supply, 
                storage, refrigeration, transportation, or processing.
            (10) Geodesic.--The term ``geodesic'' means the shortest 
        line between two points that lies on the surface of the Earth.
            (11) Highly migratory species.--The term ``highly migratory 
        species'' means tuna species, billfish, oceanic sharks, and 
        swordfish.
            (12) Magnuson-Stevens act.--The term ``Magnuson-Stevens 
        Act'' means the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.).
            (13) Pelagic longline fishing.--The term ``pelagic longline 
        fishing'' means a method of fishing that uses any fishing gear 
        consisting of a length of line suspended horizontally in the 
        water above the bottom from lines attached to surface floats 
        and to which gangions and hooks are attached.
            (14) Person.--The term ``person'' means any individual, 
        corporation, partnership, association, or other entity (whether 
        or not organized or existing under the laws of any State).
            (15) Recreational fishing.--The term ``recreational 
        fishing'' means fishing for sport or pleasure.
            (16) Record address.--The term ``record address'' means the 
        address of record for each permit holder and swordfish dealer 
        as maintained in the National Marine Fisheries Service's 
        databases.
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (18) Swordfish dealer.--The term ``swordfish dealer'' means 
        any person who purchases, trades for, or barters for the 
        receipt of any Atlantic swordfish (whether imported or domestic 
        and regardless of origin) for any commercial purpose (including 
        selling, trading, or bartering such swordfish to others).

SEC. 6. HIGHLY MIGRATORY SPECIES CONSERVATION ZONES.

    (a) Atlantic Conservation Zone for Highly Migratory Species.--No 
person may engage in pelagic longline fishing in the Atlantic 
Conservation Zone For Highly Migratory Species, which is the area, 
seaward of the baseline from which the territorial sea is measured, 
that is enclosed by a series of geodesics connecting in succession the 
points at the following coordinates:
            (1) 26 degrees 30 minutes north latitude, 82 degrees 0 
        minutes west longitude;
            (2) 24 degrees 0 minutes north latitude, 82 degrees 0 
        minutes west longitude;
            (3) 24 degrees 0 minutes north latitude, 81 degrees 08 
        minutes west longitude;
            (4) seaward extension of the Exclusive Economic Zone;
            (5) 27 degrees 52 minutes north latitude, 79 degrees 0 
        minutes west longitude;
            (6) 31 degrees 0 minutes north latitude, 79 degrees 0 
        minutes west longitude;
            (7) 32 degrees 0 minutes north latitude, 78 degrees 0 
        minutes west longitude;
            (8) 32 degrees 0 minutes north latitude, 77 degrees 0 
        minutes west longitude;
            (9) 33 degrees 0 minutes north latitude, 77 degrees 0 
        minutes west longitude;
            (10) 33 degrees 0 minutes north latitude, 78 degrees 0 
        minutes west longitude; and
            (11) 33 degrees 51 minutes north latitude, 78 degrees 33 
        minutes west longitude.
    (b) Gulf of Mexico Conservation Zone for Swordfish.--Every year, 
during the period of January 1 through Memorial Day, no person may 
engage in pelagic longline fishing in the Gulf Of Mexico Conservation 
Zone For Swordfish, which is the area enclosed by a series of geodesics 
connecting in succession the points at the following coordinates:
            (1) 30 degrees 0 minutes north latitude, 87 degrees 30 
        minutes west longitude;
            (2) 30 degrees 0 minutes north latitude, 86 degrees 0 
        minutes west longitude;
            (3) 29 degrees 0 minutes north latitude, 86 degrees 0 
        minutes west longitude; and
            (4) 29 degrees 0 minutes north latitude, 87 degrees 30 
        minutes west longitude.
    (c) Gulf of Mexico Conservation Zone for Highly Migratory 
Species.--During the period that begins on the first Memorial Day after 
the date of enactment of this Act and continues through Labor Day of 
the same calendar year, and during the period of Memorial Day through 
Labor Day in each of the next four calendar years, no person may engage 
in pelagic longline fishing in the Gulf Of Mexico Conservation Zone For 
Highly Migratory Species, which is the area, seaward of the baseline 
from which the territorial sea is measured, that is enclosed by a 
series of geodesics connecting in succession the points at the 
following coordinates:
            (1) 26 degrees 0 minutes north latitude, 97 degrees 10 
        minutes west longitude (at approximately the border between the 
        United States and Mexico);
            (2) 26 degrees 0 minutes north latitude, 96 degrees 0 
        minutes west longitude;
            (3) 27 degrees 30 minutes north latitude, 94 degrees 30 
        minutes west longitude;
            (4) 27 degrees 30 minutes north latitude, 90 degrees 0 
        minutes west longitude;
            (5) 28 degrees 0 minutes north latitude, 90 degrees 0 
        minutes west longitude;
            (6) 28 degrees 0 minutes north latitude, 89 degrees 30 
        minutes west longitude;
            (7) 29 degrees 0 minutes north latitude, 87 degrees 30 
        minutes west longitude;
            (8) 29 degrees 0 minutes north latitude, 86 degrees 0 
        minutes west longitude; and
            (9) 29 degrees 40 minutes north latitude, 85 degrees 20 
        minutes west longitude (at Cape San Blas, Florida).
    (d) Scientific Research Exception.--The restrictions under this 
section on fishing do not apply to pelagic longline fishery research 
authorized by the Secretary. No fish caught under the research program 
may be sold unless authorized by the Secretary.
    (e) Effective Date.--This section shall be effective on the 165th 
day after the date of enactment of this Act, except that subsection (c) 
shall be effective on the first Memorial Day after the date of 
enactment of this Act.

SEC. 7. PELAGIC LONGLINE FISHING VESSEL PERMIT HOLDER COMPENSATION 
              PROGRAM.

    (a) Voluntary Compensation Program.--The Secretary shall conduct a 
voluntary Pelagic Longline Vessel Permit Holder Compensation Program. 
Except as provided in subsection (b), the following vessels are 
eligible for the Compensation Program:
            (1) ALEX JAMES, United States official number 593864.
            (2) AMANDA KAY, United States official number 691398.
            (3) BEAU, United States official number 647878.
            (4) BETTE BOOP, United States official number 673527.
            (5) BETTY B, United States official number 689987.
            (6) BIGEYE, United States official number 628300.
            (7) BLACK JACK ONE, United States official number 592219.
            (8) BONNEY ANNE, United States official number 666686.
            (9) BUCKAROO, United States official number 576503.
            (10) CANDACE, United States official number 673556.
            (11) CAPT. BOB, United States official number 929813.
            (12) CAROL ANN, United States official number 609121.
            (13) CHARLESTON STAR, United States official number 591301.
            (14) CHRISTOPHER JOE, United States official number 608436.
            (15) CHRISTY, United States official number 933833.
            (16) CLAYTON REED, United States official number 683286.
            (17) CORAL LADY, United States official number 649372.
            (18) DAKOTA, United States official number 956008.
            (19) ERICA-LYNN, United States official number 611243.
            (20) EXPLORER, United States official number 643055.
            (21) FATHER & SON, United States official number 611056.
            (22) GINA D, United States official number 602788.
            (23) GRAND CRU, United States official number 508393.
            (24) HAPPY NIGHT TONIGHT, United States official number 
        632057.
            (25) ITALIAN STALLION, United States official number 
        603239.
            (26) JACQUELINE L., United States official number 551612.
            (27) JANICE ANN, United States official number 646506.
            (28) JOAN MARIE, United States official number 599408.
            (29) JOSHUA NICOLE, United States official number 912738.
            (30) JUST RIGHT, United States official number 692184.
            (31) KELLY ANN, United States official number 633432.
            (32) KRISTIN LEE, United States official number 656259.
            (33) LADY LAURA, State of Florida registration number 
        FL2054GY.
            (34) LINDSEY JEANETTE, United States official number 
        618472.
            (35) LINNEA C, United States official number 665962.
            (36) LISA ANN, United States official number 659897.
            (37) LORI MARIE, United States official number 674417.
            (38) MAR JACK, United States official number 640008.
            (39) MARION FRANCES, United States official number 541694.
            (40) MARY ANN, United States official number 596805.
            (41) MGB, United States official number 656564.
            (42) MISS DANIELLE, United States official number 697038.
            (43) MISS MANDY, United States official number 636385.
            (44) MISS MELISSA, United States official number 593587.
            (45) MISS SUZANNE, United States official number 510728.
            (46) MISS TAKE, United States official number 667970.
            (47) MISS-SHELL, United States official number 637883.
            (48) OUTLAW, United States official number 643282.
            (49) PEACEFUL LADY, United States official number 918933.
            (50) PROUD MARY ELLEN, United States official number 
        615810.
            (51) PROVIDER, United States official number 602041.
            (52) PROVIDER II, United States official number 648979.
            (53) R&R, United States official number 945535.
            (54) RAW DAWG, United States official number 677230.
            (55) REBECCA PAGE, United States official number 684131.
            (56) REBEL LADY, United States official number 628471.
            (57) ROYAL LADY, United States official number 615626.
            (58) RUTH-ANNE, United States official number 598591.
            (59) SEA ANGEL, United States official number 926754.
            (60) SEVEN ARROWS, United States official number 611304.
            (61) SHERRIE ANN II, State of Florida registration number 
        FL3716JU.
            (62) SOUTHERN GALE, United States official number 588452.
            (63) STRAIGHT FLUSH, United States official number 663691.
            (64) SUSAN II, United States official number 594618.
            (65) SYLVIA JEAN, United States official number 609788.
            (66) TRI LINER, United States official number 624323.
            (67) TRIPLE THREAT, United States official number 646718.
            (68) UNCLOUDY DAY, United States official number 950979.
    (b) Ineligibility Due to Permit or Vessel Transfer After November 
10, 1999.--A vessel listed under subsection (a) shall not be eligible 
if the vessel or any Federal fishing permit or license applicable to 
that vessel is transferred to a different person after November 10, 
1999.
    (c) Compensation Notification.--No later than the 15th calendar day 
after the date of enactment of this Act, the Secretary shall, by 
certified mail return receipt requested, addressed to each eligible 
permit holder at its record address, notify each eligible permit holder 
of--
            (1) the compensation provisions of this Act; and
            (2) any other compensation instructions or guidance that 
        the Secretary may (but not by regulation or further notice of 
        any other kind) establish.
    (d) Compensation Amount.--
            (1) In general.--The compensation amount shall include, a 
        permit package payment of $125,000 per eligible permit holder 
        plus, either--
                    (A) zero for any eligible permit holder that did 
                not report any landings of highly migratory species by 
                the associated eligible vessel to the National Marine 
                Fisheries Service for the period beginning on January 
                1, 1999, and ending on October 1, 1999; or
                    (B) for every other eligible permit holder, a 
                landing payment that the Secretary determines in 
                accordance with subsection (e).
            (2) Reduction.--The compensation amount determined under 
        paragraph (1) shall be reduced by the amount of any lien, 
        judgement, or other such final obligation due the United States 
        from the eligible permit holder. Before making payment under 
        this section, the Secretary shall identify all such outstanding 
        obligations with respect to an eligible permit holder and 
        notify that person of the amount of the reduction under this 
        paragraph and the obligations taken into account.
    (e) Landing Payment Determination.--The Secretary's determinations 
of all landing payments shall be final, not subject to review under 
U.S.C. 551 et seq., and in accordance with the following:
            (1) Basis.--The basis for each landing payment shall be the 
        gross ex-vessel value of all fish (regardless of species) 
        landed by the eligible vessel during any one calendar year in 
        the period beginning with the calendar year 1992 and ending 
        with calendar year 1998.
            (2) Maximum amount.--The amount of each landing payment 
        shall be 100 percent of such basis not to exceed $325,000.
            (3) Holder to advise secretary.--No later than the 75th 
        calendar day after the date of enactment of this Act each 
        permit holder who desires to be compensated under this Act 
        shall--
                    (A) advise the Secretary which single calendar year 
                from 1992 through 1998 the permit holder chooses as the 
                basis for the permit holder's landing payment; and
                    (B) submit to the Secretary the permit holder's 
                documentation for the gross ex-vessel value of all fish 
                (regardless of species) landed by the eligible vessel 
                during the basis year chosen; or
                    (C) advise the Secretary that the permit holder 
                does not possess adequate documentation and, 
                consequently elects to have the Secretary calculate a 
                default landing payment.
            (4) Documentation.--Documentation under paragraph (3)(C) 
        shall be in the form of trip tickets (or other landing 
        documentation issued by the first ex-vessel fish buyer or 
        buyers) for the eligible vessel that clearly establishes on 
        their face the identity and location of the first fish buyer, 
        the vessel from whom the fish was bought, the date the fish was 
        bought, how many pounds of each species of fish was bought, and 
        how much per pound the landing vessel was paid for each species 
        of fish bought (no other documentation shall be acceptable)
            (5) Calculation of amount.--If the permit holder submits 
        adequate documentation the Secretary shall use it to calculate 
        the landing payment. If the permit holder elects to have the 
        Secretary calculate a default landing payment (or submits 
        inadequate documentation), the Secretary shall calculate a 
        default payment by applying average ex-vessel prices (where 
        possible, for each month of landing and state or area of 
        landing as maintained in the National Marine Fisheries 
        Service's databases) to each pound of species of fish landed by 
        the permit holder's eligible vessel during the basis year that 
        the permit holder chooses.
    (f) Compensation Offer.--No later than the 135th calendar day after 
the date of enactment of this Act, the Secretary shall, by certified 
mail return receipt requested, addressed to each eligible permit holder 
at its record address, offer each eligible permit holder compensation 
for an amount determined in accordance with this section. The 
Secretary's offer shall be final and not subject to negotiation or 
counteroffer.
    (g) Compensation Offer Acceptance.--
            (1) In general.--Each eligible permit holder who desires to 
        be compensated in accordance with this Act must accept the 
        Secretary's compensation offer no later than the 165th calendar 
        day after the date of enactment of this Act.
            (2) Requirements.--The acceptance--
                    (A) must be in writing signed by the permit holder 
                or permit holder's duly authorized representative and 
                delivered to the Chief, Financial Services Division, 
                National Marine Fisheries Service, 1315 East-West 
                Highway, Silver Spring, MD 20910-3282, and include 
                direct wire transfer instructions;
                    (B) shall constitute the eligible permit holder's 
                irrevocable consent for all other restrictions that 
                this Act permanently requires with respect to the 
                eligible vessel and all such restrictions shall 
                immediately be in effect; and
                    (C) shall be accompanied by all commercial fishing 
                permits and licenses held by the eligible permit holder 
                that are or were applicable to the eligible vessel.
            (3) Form of delivery.--
                    (A) If the acceptance is mailed, it must be mailed 
                by certified mail return receipt requested. The 
                Secretary shall consider the date of acceptance to be 
                the date on which it was mailed.
                    (B) If the acceptance is delivered by any other 
                means, the Secretary shall consider the date of 
                acceptance to be the date on which the Secretary first 
                received the acceptance. The Secretary's determinations 
                regarding the timeliness of the acceptance shall be 
                final.
    (h) Compensation Payment.--No later than the 195th calendar day 
after the date of enactment of this Act, the Secretary shall, in 
accordance with this section, pay compensation in full to each permit 
holder whose acceptance of the Secretary's offer was timely.
    (i) Federal Loan.--Under the authority of sections 1111 and 1112 of 
title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 
1279g), the Secretary shall provide up to $10,000,000 through a direct 
loan obligation for any payments authorized under this section that are 
not fully paid for by funds appropriated under subsection (j) of this 
section. For purposes of such sections 1111 and 1112, these payments 
shall be treated as payments under a fishing capacity reduction program 
established under section 312 of the Magnuson-Stevens Act (16 U.S.C. 
1861a). Notwithstanding subsection (b)(4) of such section 1111, the 
debt obligation under this subsection shall have a maturity of 30 
years.
    (j) Authorization of Appropriations.--There shall be authorized to 
be appropriated $100,000 for the costs required by the Federal Credit 
Reform Act for the $10,000,000 direct loan authorized under this 
section and $15,000,000 for the balance of the compensation payments 
authorized under this Act.
    (k) Blended Funding Source.--All funds appropriated under 
subsection (j) shall be available for the payments authorized under 
this section and shall be applied so as to ensure that 40 percent of 
the cost of such payments is derived from the direct loan authorized 
under this section and 60 percent of the cost of such payments is 
derived from funds appropriated for payment under this section. If any 
amounts appropriated remain unexpended and unobligated after all 
payments are made under this section, the remainder of such amounts 
shall be availabe for obligation and expenditure for the research 
program established under section 11.

SEC. 8. RESTRICTIONS ON VESSELS.

    (a) In General.--
            (1) All commercial fishing permits or licenses held by an 
        eligible permit holder accepting compensation under section 7 
        shall be revoked upon receipt by the Secretary of the letter of 
        acceptance under section 7(g).
            (2) For each eligible vessel for which an eligible permit 
        holder whose commercial fishing permits and licenses have been 
        revoked and who accepted a landing payment, such vessel shall 
        never again be used by any person anywhere in the world 
        (regardless of the national status of such person) for 
        commercial fishing.
    (b) Ineligibility for Fisheries Endorsement.--Section 12108(d) of 
title 46, United States Code, is amended by inserting ``, or a vessel 
whose commercial fishing permits and licenses have been revoked under 
section 8(a)(2) of the Atlantic Highly Migratory Species Conservation 
Act of 1999,'' before ``is not eligible''.
    (c) Transfer to Foreign Ownership or Registry Prohibited.--
            (1) Prohibited transfer.--No person may--
                    (A) sell, lease, charter, deliver, or in any manner 
                transfer, or agree to sell, lease, charter, deliver, or 
                in any manner transfer, to a person not a citizen of 
                the United States, any interest in or control of a 
                vessel whose commercial fishing permits and licenses 
                have been revoked; or
                    (B) place that vessel under foreign registry or 
                operate that vessel under the authority of a foreign 
                country.
            (2) Void effect.--Any charter, sale, or transfer of a 
        vessel, or interest in or control of that vessel, in violation 
        of this subsection is void.
    (d) Penalties.--
            (1) Criminal penalty.--Any person that knowingly charters, 
        sells, or transfers a vessel (or interest in or control of that 
        vessel) in violation of this section, or knowingly uses that 
        vessel for commercial fishing in violation of this section, or 
        knowingly submits false documentation for the landing payment 
        under section 7 shall be fined under title 18, United States 
        Code, imprisoned for not more than 5 years, or both.
            (2) Forfeiture.--A vessel (including its fishing gear, 
        furniture, appurtenances, stores, and cargo) may be seized by, 
and forfeited to, the United States Government if--
                    (A)(i) the vessel is placed under foreign registry 
                or operated under the authority of a foreign country in 
                violation of this section;
                    (ii) a person knowingly charters, sells, or 
                transfers a vessel, or interest or control in that 
                vessel, in violation of this section;
                    (B) the vessel is used for commercial fishing in 
                violation of this section
                    (C) the permit holder submits false documentation 
                for the landing payment under section 7.
            (3) Civil penalty.--A person that charters, sells, or 
        transfers a vessel (or an interest in or control of a vessel) 
        in violation of this section, uses a vessel for commercial 
        fishing in violation of this section, or submits false 
        documentation for the landing payment under section 7 is liable 
        to the United States Government for a civil penalty of not more 
        than $10,000 for each violation.
    (e) Vessel Identification System.--The Secretary of Transportation 
shall ensure that, for each vessel whose commercial fishing permits and 
licenses have been revoked, information is recorded and maintained in 
the vessel identification system established under chapter 125 of title 
46, United States Code, stating that the vessel is forbidden under this 
Act from engaging in commercial fishing anywhere in the world, that the 
vessel is not eligible for any commercial fishing permit or license 
(regardless of whether the permit or license is issued by the Federal 
Government, or a State government or political subdivision thereof), 
and that use of the vessel in any commercial fishing operation may 
result in Federal civil and criminal penalties and forfeiture of the 
vessel and its cargo and equipment.

SEC. 9. REPAYMENT OF DIRECT LOAN.

    (a) In General.--There is established a fishery conservation fee 
system, to be administered by the Secretary, for repayment of the 
direct loan made under section 7(f), with the commercial share to be 
repaid under subsection (b) of this section and the recreational share 
to be repaid under subsection (c) of this section. Fees under this 
section are established notwithstanding the requirements of section 304 
or 312 of the Magnuson-Stevens Act (16 U.S.C. 1854 and 1861a).
    (b) Commercial Share.--
            (1) Description.--The commercial share of the fishery 
        conservation fee system shall be 50 percent of the original 
        principal amount of the loan plus all interest accruing on that 
        50 percent of the principal amount.
            (2) Method of payment.--The Secretary shall, for the 
        repayment of the commercial share of the loan obligation, plus 
        associated interest, establish a fee, which--
                    (A) shall be an amount determined by the Secretary 
                to be sufficient to amortize the commercial share over 
                the loan term of 30 years, not to exceed five cents, 
                for each pound of all Atlantic swordfish sold by 
                swordfish dealers;
                    (B) shall be collected beginning on the 365th day 
                after the date of enactment of this Act and continue 
                without interruption, regardless of the loan's maturity 
                until such commercial share is fully paid; and
                    (C) shall be deducted by the swordfish dealer from 
                all proceeds received from the sale by the dealer of 
                all Atlantic swordfish and accounted for and forwarded 
                by the dealer to the Secretary in the following manner:
                            (i) The fee for all proceeds received 
                        during each month shall be forwarded by not 
                        later than the 15th calendar day of each month 
                        immediately following the month for which the 
                        fees were collected and fee payments shall be 
                        late if not received at the lock box by the 
                        20th calendar day of each such immediately 
                        following month.
                            (ii) All fees forwarded shall include a 
                        settlement sheet that establishes the total 
                        proceeds received during the previous month, 
                        the total pounds of all Atlantic swordfish sold 
                        upon which such receipts were based, and the 
                        total fee forwarded.
                            (iii) All fees shall be forwarded to a lock 
                        box account that the Secretary shall designate 
                        by a letter to each swordfish dealer holding a 
                        swordfish dealer's permit at its record 
                        address.
                            (iv) All fee matters shall be in accordance 
                        with such other conditions as the Secretary 
                        shall establish, and amend from time to time by 
                        a letter (but not by regulation or any other 
                        form of notice) sent to each swordfish dealer 
                        holding a swordfish dealer's permit at its 
                        record address.
            (3) Duty of prompt notification.--The Secretary shall 
        immediately notify swordfish dealers and swordfish limited 
        access permit holders when the commercial share has been fully 
        repaid and the collection requirement terminates. This shall be 
        accomplished by the Secretary's letter sent to each swordfish 
        dealer, holding a swordfish dealer's permit and each swordfish 
        limited access permit holder at its record address.
            (4) Audit.--The Secretary may at reasonable times and 
        places conduct audits of swordfish dealer's books and records 
        to determine compliance with this section. Swordfish dealers 
        shall furnish such books and records as the Secretary may 
        reasonably require for the conduct of such audits.
            (5) Penalty interest on late fee payments.--Swordfish 
        dealers shall pay penalty interest equal to one and one-half 
        percent the full amount of each late fee payment for each 
        month, or portion thereof, in which a late fee payment remains 
        unpaid.
            (6) Enforcement.--The Secretary shall collect all unpaid 
        fees by such manner as the Secretary considers appropriate, 
        including bringing collection enforcement actions at law and 
        attaching and liquidating swordfish dealers' assets.
            (7) Continuing obligation.--Notwithstanding that the 
        commercial share of the loan is not paid in full by the loan's 
        maturity date, the fee shall continue without interruption 
until such time as the commercial share is paid in full.
    (c) Recreational Share.--
            (1) Description.--The recreational share of the fishery 
        conservation fee system shall be 50 percent of the original 
        principal amount of the loan plus all interest accruing on 50 
        percent of the principal amount.
            (2) Methods of payment.--The recreational share of the loan 
        obligation, plus associated interest, shall be repaid through 
        payment by affected States under paragraph (3), and by the sale 
        of fishery conservation permits issued under paragraph (4).
            (3) Payment by affected state.--A vessel registered in an 
        affected State will not be required to purchase a Federal 
        fishery conservation permit if the State, no later than the 
        240th calendar day after the date of enactment of this Act, 
        makes a binding, legally enforceable agreement with the United 
        States Government to pay fully, within 4 years after the date 
        of enactment of this Act, the State's recreational share 
        allocation, plus associated interest. The allocations for each 
        affected State shall not exceed 40 percent for any affected 
        States and will be based on the State's percentage of the total 
        length of coastline adjacent to any area closed under section 6 
        and the total number of marine anglers for all 7 States. Such 
        allocations are as follows:
                    (A) South Carolina--9.4 percent;
                    (B) Georgia--4.3 percent;
                    (C) Florida--40.0 percent;
                    (D) Alabama--3.2 percent;
                    (E) Mississippi--2.6 percent;
                    (F) Louisiana--14.6 percent; and
                    (G) Texas--19.9 percent.
            (4) Fishery conservation permits.--
                    (A) Issuance and sale.--On or about one year after 
                the date of enactment of this Act and thereafter until 
                the recreational share is fully repaid, the Secretary 
                shall issue for $25 each an annual fishery conservation 
                permit to vessels over 18 feet in length wishing to 
                engage in recreational fishing for highly migratory 
                species in any area closed under section 6. For vessels 
                registered in a State electing to pay the recreational 
                share, the Secretary shall issue the permit free of 
                charge.
                    (B) Means of sale or issuance.--The Secretary--
                            (i) may, to the extent practicable, 
                        authorize the permits to be issued or sold by a 
                        variety of persons, including state agencies, 
                        retail dealers, and through convenient means, 
                        including the Internet and toll-free telephone 
                        numbers; and
                            (ii) may establish procedures for such 
                        persons to account for and forward the proceeds 
                        of sale to the Secretary.
                    (C) Exception.--The Secretary may not issue such 
                permits after the repayment of the recreational share 
                of the loan obligation.
                    (D) Vessels registered in affected states.--Vessels 
                registered in affected States agreeing to pay the 
                recreational share shall obtain a fishery conservation 
                permit from the Secretary or the affected State where 
                the vessel is registered.
            (5) Prohibition.--After the 240th day after the date of 
        enactment of this Act until the recreational share is fully 
        repaid under this Act, no person may engage in recreational 
        fishing for highly migratory species in any closed area from a 
        vessel of 18 feet or more in length, unless the vessel has been 
        issued a valid fishery conservation permit. Such permit must be 
        retained on the vessel. It shall be a rebuttable presumption 
        that any 18 foot or larger recreational vessel with gear aboard 
        capable of catching HMS species shall be presumed to be fishing 
        for HMS species. Once the recreational share has been fully 
        repaid this prohibition shall be null and void.
            (6) Duty of prompt notification.--The Secretary shall 
        immediately notify the Coast Guard, the heads of the agencies 
        of the affected States that have responsibility for marine 
        fishery law enforcement, retail dealers and others who sell 
        fishery conservation permits under this subsection, and the 
        public when: payment of the recreational share begins, and the 
        recreational share has been fully repaid. This shall be 
        accomplished by a Federal Register notice, direct 
        communication, and such other means as the Secretary determines 
        are effective and appropriate.
            (7) Repayment.--Money received under subsections (3) and 
        (4), shall be accounted for and paid by the Secretary into the 
        subaccount of the Treasury established for the repayment of the 
        direct loan made under section 7(i).

SEC. 10. PROHIBITED ACT UNDER MAGNUSON-STEVENS ACT.

    A person who violates this Act shall, in addition to any other 
penalties provided in this Act or elsewhere, be considered to have 
committed an act prohibited under section 307(1)(A) of the Magnuson-
Stevens Act (16 U.S.C. 1857(1)(A)).

SEC. 11. HIGHLY MIGRATORY SPECIES BYCATCH MORTALITY REDUCTION RESEARCH 
              PROGRAM.

    (a) Establishment of Program.--There is established within the 
National Marine Fisheries Service at the Southeast Fisheries Science 
Center a Pelagic Longline Highly Migratory Species Bycatch and 
Mortality Reduction Research Program. The Program shall identify and 
test a variety of pelagic longline fishing gear configurations and uses 
and determine which of those configurations and uses are the most 
effective in reducing highly migratory species bycatch mortality in the 
pelagic longline fisheries in the exclusive economic zone of the Gulf 
of Mexico and the Atlantic Ocean. The program shall also evaluate 
impacts of gear changes on protected species and include provision for 
observers to be placed on pelagic longline fishing vessels for the 
purposes of monitoring the fishery and participating in the research 
program.
    (b) Program Design.--The Program design shall be developed through 
a scientific workshop organized and convened by the Southeast Fisheries 
Science Center of the National Marine Fisheries Service. Knowledgeable 
members of the pelagic longline fishing sector and the recreational 
fishing sector, and conservation community, along with scientists 
associated with each such industry, shall be invited to participate on 
the workshop design team. The Center shall make its best efforts to 
ensure that each such sector is fairly represented on the design team. 
The program design shall be submitted to the Secretary no later than 
the 120th calendar day after the date of enactment of this Act and 
shall include a scientifically-based recommendation for the level of 
observer coverage on pelagic longline fishing vessels that is necessary 
to monitor the fishery effectively and participate in the research 
program.
    (c) Monitor and Report.--The Secretary is directed to aggressively 
monitor the mid-Atlantic bight during the months of June, July, and 
August to determine if there has been a substantial net increase in the 
number of vessels or effort from the remaining pelagic longline fleet 
and whether that net increase is causing significant negative impact on 
the recreational billfish catch. In the event the Secretary so finds, 
the Secretary shall immediately report the finding to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Resources of the House of Representatives along with his 
recommendations to address the impact.
    (d) Report to Congress.--No later than the 90th calendar day after 
the third year of closure of the Gulf Of Mexico Conservation Zone For 
Highly Migratory Species under section 6(c), the Secretary shall submit 
a report on the Program's determinations to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Resources of the House of Representatives. The report shall include any 
recommendations for legislation that may be appropriate prior to the 
expiration of the closure of the Gulf Of Mexico Conservation Zone For 
Highly Migratory Species.

SEC. 12. INTERIM REGULATIONS.

    (a) Interim Regulations.--The Secretary may not propose, approve, 
or implement before a date that is either one year after the date on 
which the Secretary submits the report to Congress on the results of 
the Pelagic Longline Highly Migratory Species Bycatch Mortality 
Reduction Research Program under section 11(c) or 4 years after the 
date of enactment of this Act, whichever is later, any rules or 
regulations that have the effect of establishing any time-area closures 
for pelagic longline fishing in the Atlantic by United States fishing 
vessels that are in addition to, or otherwise expand, those time-area 
closures established under this Act.
    (b) Exception.--The prohibition set forth in subsection (a) shall 
not apply--
            (1) to rules or regulations necessary to implement any 
        future recommendation of ICCAT;
            (2) to strictly technical and conforming corrections to 
        those time-area closures established under this Act that the 
        Secretary finds are necessary for public safety and enforcement 
        of this Act; or
            (3) if the Secretary, after consultation with the 
        Commissioners appointed under the Atlantic Tunas Convention Act 
        of 1975, finds that--
                    (A) fishing by United States pelagic longline 
                fishing vessels is causing an emergency with respect to 
                the conservation of an Atlantic highly migratory 
                species of fish;
                    (B) such emergency can not or will not be addressed 
                by the International Commission for the Conservation of 
                Atlantic Tunas in a timely manner; and
                    (C) time-area closures for pelagic longline fishing 
                in the Atlantic by United States fishing vessels that 
                are in addition to, or otherwise expand, those time-
                area closures established under this Act are necessary 
                to address such emergency and there are no other 
                practicable means available to address such emergency.
            (4) to any action taken under either the Marine Mammal 
        Protection Act or the Endangered Species Act.

SEC. 13. VESSEL MONITORING DEVICE.

    (a) In General.-- After the 165th day of enactment of this Act, no 
pelagic longline vessel shall operate within the Atlantic HMS fishery 
without a vessel monitoring device approved by the Secretary.
    (b) Not Required To Carry Monitoring Device.--No vessel accepting 
the buyout under section 7 will be required to carry a vessel 
monitoring device.
    (c) Costs.--Any costs attributable to the purchase and installation 
of vessel monitoring devices on any pelagic longline vessel fishing in 
the Atlantic HMS fishery that is required to carry such a device under 
this section shall be the responsibility of the Secretary.

SEC. 14. NULLIFICATION.

            (1) In the event Congress fails to appropriate funds 
        adequate to complete the buyout under section 7 and establish 
        the research program under section 3, then no provision of this 
        Act shall be effective.
            (2) In the event Congress fails to appropriate funds 
        adequate to place vessel monitoring devices on vessels, then 
        the requirement in section 13 to carry such devices shall have 
        no effect.
            (3) In the event that the nullification provided in 
        subsection (1) or (2) becomes effective the nullification does 
        not affect the authority of the Secretary to take action under 
        any other authority.

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary $250,000 
per year as the cost of carrying out the compensation program; 
$2,250,000 for vessel monitoring devices; $3,000,000 for research; plus 
such other sums as may be necessary for carrying out all other 
functions in the Act. In addition, there are authorized to be 
appropriated to the Secretary not more than $400,000 for the Southeast 
Fisheries Science Center to conduct additional research on billfish and 
swordfish.
                                                       Calendar No. 678

106th CONGRESS

  2d Session

                                S. 1911

                          [Report No. 106-339]

_______________________________________________________________________

                                 A BILL

 To conserve Atlantic highly migratory species of fish, and for other 
                               purposes.

_______________________________________________________________________

                             July 12, 2000

                       Reported with an amendment
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