II

106TH CONGRESS

1ST SESSION S. 1911

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, and Ms. LANDRIEU) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

A BILL

To conserve Atlantic highly migratory species of fish, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Atlantic Highly Migra5 tory Species Conservation Act of 1999’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) Highly migratory species of fish, including

9 North Atlantic swordfish, species of Atlantic billfish,

10 and Atlantic large coastal sharks, are overfished and
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1 require greater conservation as confirmed by recent

2 scientific assessments. In its most recent analysis,

3 the Standing Committee on Research and Statistics

4 (SCRS) of the International Commission for the

5 Conservation of Atlantic Tunas (ICCAT) estimated

6 that a number of key stocks of highly migratory spe7 cies have less than the biomass needed to produce

8 their respective maximum sustainable yields. The

9 1999 SCRS stock assessment estimated that the

10 North Atlantic swordfish stock was at 65 percent of

11 the necessary biomass to produce maximum sustain12 able yield (MSY). The 1997 SCRS stock assessment

13 estimated that the Atlantic blue marlin stock was at

14 24 percent and the Atlantic white marlin stock was

15 at 23 percent of the necessary biomass to produce

16 MSY. In its most recent stock assessment for Atlan17 tic sailfish/spearfish, the SCRS estimated these

18 stocks were at 62 percent of the necessary biomass

19 to produce MSY. Also, the National Marine Fish20 eries Service has identified North Atlantic swordfish,

21 Atlantic blue marlin, Atlantic white marlin, Atlantic

22 sailfish/spearfish, and other highly migratory species

23 of fish as overfished.

24 (2) A reduction in the mortality of juvenile

25 swordfish will contribute substantially to the rebuild-
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1 ing of North Atlantic swordfish as confirmed by a

2 1998 SCRS report that expressed ‘‘concern about

3 the high catches (landings plus discards) of small

4 swordfish’’ and ‘‘emphasized that gains in the yield

5 could accrue if fishing mortality on small fish could

6 be further reduced’’.

7 (3) In 1998, ICCAT adopted a resolution di8 recting the SCRS to develop options for rebuilding

9 North Atlantic swordfish to levels that would

10 produce the maximum sustainable yield, including

11 alternative methods for reducing small fish mor12 tality, for consideration at the ICCAT meeting in

13 1999.

14 (4) Reducing the mortality of species of Atlan15 tic billfish, including Atlantic blue marlin, Atlantic

16 white marlin, and Atlantic sailfish/spearfish, will

17 contribute substantially to the rebuilding of these

18 stocks.

19 (5) In 1990, ICCAT encouraged its member

20 states to take appropriate measures within their na21 tional jurisdictions to protect small swordfish, in22 cluding the establishment of time and area closures.

23 (6) Significant reductions in the mortality of ju24 venile swordfish, species of Atlantic billfish, species

25 of Atlantic large coastal sharks, and other highly mi-
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1 gratory species of fish within the exclusive economic

2 zone of the United States can be achieved by the de3 sign and implementation of discrete, scientifically4 based time-area closures for pelagic longline fishing.

5 (7) Conflicts between the commercial pelagic

6 longline fishery and the recreational fishery for high7 ly migratory species exist in certain areas of the

8 U.S. Exclusive Economic Zone in the Atlantic Ocean

9 and Gulf of Mexico and can be substantially reduced

10 by the design and implementation of discrete, sci11 entifically-based time-area closures for pelagic

12 longline fishing.

13 (8) A credible, scientifically-based time-area clo14 sure for pelagic longline fishing that would achieve

15 reductions in the bycatch and mortality of overfished

16 highly migratory species within the United States

17 Exclusive Economic Zone will provide a model for

18 applying the same conservation concept more broad19 ly in international waters through ICCAT in further

20 pursuit of the goal of rebuilding the stocks of these

21 species.

22 (9) The time-area closures for pelagic longline

23 fishing within the United States Exclusive Economic

24 Zone that will contribute to achieving the conserva25 tion objectives for swordfish, billfish, and large
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1 coastal sharks in the Atlantic Ocean and Gulf of

2 Mexico and that will reduce conflicts between com3 mercial and recreational fishermen will result in sub4 stantial adverse economic impacts on United States

5 commercial fishermen who engage in pelagic longline

6 fishing, as well as their families and communities.

7 Such adverse economic impacts can be minimized by

8 a fair and equitable buyout of the permits and li9 censes of certain pelagic longline fishing vessels.

10 (10) The commercial fishermen who sustain

11 substantial adverse economic impacts from such

12 time-area closures and who should be eligible to par13 ticipate in such a government buyout include those

14 who, according to the National Marine Fisheries

15 Service data, have—

16 (A) reported that at least 35 percent of

17 their vessel’s annual fishing sets were conducted

18 in the proposed closed areas in any one year

19 from 1992 through 1997;

20 (B) reported that they conducted at least

21 25 pelagic longline gear sets during their quali22 fying year;

23 (C) reported that at least 50 percent of

24 their landings for the 1995-1997 period were

25 comprised of pelagic longline target species, in-
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1 cluding swordfish, tunas, mahi-mahi, escolar,

2 and oceanic sharks; and

3 (D) qualified for a Directed Swordfish Ini4 tial Limited Access Permit.

5 (11) There is a great need for the National Ma6 rine Fisheries Service to conduct additional scientific

7 research, in cooperation with pelagic longline fishing

8 vessels, to identify the uses and configurations of pe9 lagic longline fishing gear that are most effective in

10 reducing bycatch.

11 SEC. 3. PURPOSES.

12 The purposes of this Act are—

13 (1) to contribute to the conservation and re14 building of overfished stocks of highly migratory spe15 cies, including North Atlantic swordfish, species of

16 Atlantic billfish, and Atlantic large coastal sharks,

17 through reductions in mortality and the protection

18 of those nursery and spawning areas that may occur

19 within the exclusive economic zone of the United

20 States, to levels that will produce maximum sustain21 able yield, in compliance with United States obliga22 tions under the International Convention for the

23 Conservation of Atlantic Tunas and consistent with

24 National Standard (1) and section 304 of the Mag25 nuson-Stevens Act;
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1 (2) to minimize adverse socio-economic impacts

2 on United States commercial fishermen and their

3 families, small fishing business entities, and fishing

4 communities consistent with National Standard (8)

5 of the Magnuson-Stevens Act and the requirements

6 of the Regulatory Flexibility Act, resulting from the

7 conservation actions taken under this Act;

8 (3) to enhance both the socio-economic viability

9 of the remaining United States pelagic longline fish10 ing industry and recreational fishing opportunities

11 for highly migratory species;

12 (4) to minimize bycatch, including regulatory

13 discards, consistent with the Magnuson-Stevens Act

14 and the international obligations of the United

15 States;

16 (5) to support and encourage the United States

17 Government’s efforts to obtain international agree18 ments that provide for effective fishery conservation

19 and management consistent with the policies set

20 forth in section 2(c) of the Magnuson-Stevens Act

21 and to provide the necessary leadership for achieving

22 greater international conservation of highly migra23 tory species;

24 (6) to reduce conflicts within the exclusive eco25 nomic zone of the United States between the pelagic
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1 longline and recreational fisheries for highly migra2 tory species; and

3 (7) to expand the scientific knowledge and un4 derstanding of Atlantic highly migratory species and

5 the fisheries of the United States.

6 SEC. 4. POLICY.

7 It is declared to be the policy of the Congress in this

8 Act and the Atlantic Tunas Convention Act of 1975 that,

9 consistent with the Magnuson-Stevens Act, all United

10 States fishermen shall be treated fairly and equitably in

11 achieving national and international fishery conservation

12 and management objectives and obligations for highly mi13 gratory species of the Atlantic Ocean and Gulf of Mexico.

14 SEC. 5. DEFINITIONS.

15 In this Act, the following definitions apply:

16 (1) AFFECTED STATE.—The term ‘‘affected

17 State’’ means one of the following States: South

18 Carolina, Georgia, Florida, Alabama, Mississippi,

19 Louisiana, and Texas.

20 (2) BILLFISH.—The term ‘‘billfish’’ means blue

21 marlin, spearfish, sailfish and white marlin.

22 (3) BYCATCH.—The term ‘‘bycatch’’ means fish

23 which are harvested in a fishery, but which are not

24 sold or kept for personal use, and includes economic

25 discards and regulatory discards. The term does not
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1 include fish released alive under a recreational catch

2 and release fishery management program.

3 (4) ELIGIBLE PERMIT HOLDER.—The term ‘‘el4 igible permit holder’’ means the person or group of

5 persons who, on the date of enactment of this Act,

6 holds the Directed Swordfish Limited Access Permit

7 that was issued based on the landings of an eligible

8 vessel.

9 (5) COMMERCIAL FISHING.—The term ‘‘com10 mercial fishing’’ means fishing in which the fish har11 vested, either in whole or in part, are intended to

12 enter commerce or enter commerce through sale,

13 barter, or trade.

14 (6) ELIGIBLE VESSEL.—The term ‘‘eligible ves15 sel’’ means each vessel listed in section 7(a) of this

16 Act.

17 (7) FISH.—The term ‘‘fish’’ means finfish, mol18 lusks, crustaceans, and all other forms of marine

19 animal and plant life other than marine mammals

20 and birds.

21 (8) FISHING.—The term ‘‘fishing’’ means—

22 (A) the catching, taking, or harvesting of

23 fish;

24 (B) the attempted catching, taking, or har25 vesting of fish;
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1 (C) any other activity which can reason2 ably be expected to result in the catching, tak3 ing, or harvesting of fish; or

4 (D) any operations at sea in support of, or

5 in preparation for, any activity described in

6 subparagraphs (A) through (C).

7 The term does not include any scientific research ac8 tivity that is authorized by the Secretary.

9 (9) FISHING VESSEL.—The term ‘‘fishing ves10 sel’’ means any vessel, boat, ship, or other craft

11 which is used for, equipped to be used for, or of a

12 type which is normally used for—

13 (A) fishing; or

14 (B) aiding or assisting one or more vessels

15 at sea in the performance of any activity relat16 ing to fishing, including but not limited to prep17 aration, supply, storage, refrigeration, transpor18 tation, or processing.

19 (10) GEODESIC.—The term ‘‘geodesic’’ means

20 the shortest line between two points that lies on the

21 surface of the Earth.

22 (11) HIGHLY MIGRATORY SPECIES.—The term

23 ‘‘highly migratory species’’ means tuna species, bill24 fish, oceanic sharks, and swordfish.
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1 (12) MAGNUSON-STEVENS ACT.—The term

2 ‘‘Magnuson-Stevens Act’’ means the Magnuson-Ste3 vens Fishery Conservation and Management Act (16

4 U.S.C. 1801 et seq.).

5 (13) PELAGIC LONGLINE FISHING.—The term

6 ‘‘pelagic longline fishing’’ means a method of fishing

7 that uses any fishing gear consisting of a length of

8 line suspended horizontally in the water above the

9 bottom from lines attached to surface floats and to

10 which gangions and hooks are attached.

11 (14) PERSON.—The term ‘‘person’’ means any

12 individual, corporation, partnership, association, or

13 other entity (whether or not organized or existing

14 under the laws of any State).

15 (15) RECREATIONAL FISHING.—The term ‘‘rec16 reational fishing’’ means fishing for sport or pleas17 ure.

18 (16) RECORD ADDRESS.—The term ‘‘record ad19 dress’’ means the address of record for each permit

20 holder and swordfish dealer as maintained in the

21 National Marine Fisheries Service’s databases.

22 (17) SECRETARY.—The term ‘‘Secretary’’

23 means the Secretary of Commerce.

24 (18) SWORDFISH DEALER.—The term ‘‘sword25 fish dealer’’ means any person who purchases, trades
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1 for, or barters for the receipt of any Atlantic sword2 fish (whether imported or domestic and regardless of

3 origin) for any commercial purpose (including sell4 ing, trading, or bartering such swordfish to others).

5 SEC. 6. HIGHLY MIGRATORY SPECIES CONSERVATION

6 ZONES.

7 (a) ATLANTIC CONSERVATION ZONE FOR HIGHLY

8 MIGRATORY SPECIES.—No person may engage in pelagic

9 longline fishing in the Atlantic Conservation Zone For

10 Highly Migratory Species, which is the area, seaward of

11 the baseline from which the territorial sea is measured,

12 that is enclosed by a series of geodesics connecting in suc13 cession the points at the following coordinates:

14 (1) 26 degrees 30 minutes north latitude, 82

15 degrees 0 minutes west longitude;

16 (2) 24 degrees 0 minutes north latitude, 82 de17 grees 0 minutes west longitude;

18 (3) 24 degrees 0 minutes north latitude, 81 de19 grees 08 minutes west longitude;

20 (4) seaward extension of the Exclusive Eco21 nomic Zone;

22 (5) 28 degrees 17 minutes north latitude, 79

23 degrees 0 minutes west longitude;

24 (6) 31 degrees 0 minutes north latitude, 78 de25 grees 0 minutes west longitude;
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1 (7) 32 degrees 0 minutes north latitude, 78 de2 grees 0 minutes west longitude;

3 (8) 32 degrees 0 minutes north latitude, 77 de4 grees 0 minutes west longitude;

5 (9) 33 degrees 0 minutes north latitude, 77 de6 grees 0 minutes west longitude;

7 (10) 33 degrees 0 minutes north latitude, 78

8 degrees 0 minutes west longitude; and

9 (11) 33 degrees 51 minutes north latitude, 78

10 degrees 33 minutes west longitude.

11 (b) GULF OF MEXICO CONSERVATION ZONE FOR

12 SWORDFISH.—Every year, during the period of January

13 1 through Memorial Day, no person may engage in pelagic

14 longline fishing in the Gulf Of Mexico Conservation Zone

15 For Swordfish, which is the area enclosed by a series of

16 geodesics connecting in succession the points at the fol17 lowing coordinates:

18 (1) 30 degrees 0 minutes north latitude, 87 de19 grees 30 minutes west longitude;

20 (2) 30 degrees 0 minutes north latitude, 86 de21 grees 0 minutes west longitude;

22 (3) 29 degrees 0 minutes north latitude, 86 de23 grees 0 minutes west longitude; and

24 (4) 29 degrees 0 minutes north latitude, 87 de25 grees 30 minutes west longitude.
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1 (c) GULF OF MEXICO CONSERVATION ZONE FOR

2 HIGHLY MIGRATORY SPECIES.—During the period that

3 begins on the first Memorial Day after the date of enact4 ment of this Act and continues through Labor Day of the

5 same calendar year, and during the period of Memorial

6 Day through Labor Day in each of the next four calendar

7 years, no person may engage in pelagic longline fishing

8 in the Gulf Of Mexico Conservation Zone For Highly Mi9 gratory Species, which is the area, seaward of the baseline

10 from which the territorial sea is measured, that is enclosed

11 by a series of geodesics connecting in succession the points

12 at the following coordinates:

13 (1) 26 degrees 0 minutes north latitude, 97 de14 grees 10 minutes west longitude (at approximately

15 the border between the United States and Mexico);

16 (2) 26 degrees 0 minutes north latitude, 96 de17 grees 0 minutes west longitude;

18 (3) 27 degrees 30 minutes north latitude, 94

19 degrees 30 minutes west longitude;

20 (4) 27 degrees 30 minutes north latitude, 90

21 degrees 0 minutes west longitude;

22 (5) 28 degrees 0 minutes north latitude, 90 de23 grees 0 minutes west longitude;

24 (6) 28 degrees 0 minutes north latitude, 89 de25 grees 30 minutes west longitude;
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1 (7) 29 degrees 0 minutes north latitude, 87 de2 grees 30 minutes west longitude;

3 (8) 29 degrees 0 minutes north latitude, 86 de4 grees 0 minutes west longitude; and

5 (9) 29 degrees 40 minutes north latitude, 85

6 degrees 20 minutes west longitude (at Cape San

7 Blas, Florida).

8 (d) SCIENTIFIC RESEARCH EXCEPTION.—The re9 strictions under this section on fishing do not apply to pe10 lagic longline fishery research authorized by the Secretary.

11 No fish caught under the research program may be sold

12 unless authorized by the Secretary.

13 (e) EFFECTIVE DATE.—This section shall be effective

14 on the 165th day after the date of enactment of this Act,

15 except that subsection (c) shall be effective on the first

16 Memorial Day after the date of enactment of this Act.

17 SEC. 7. PELAGIC LONGLINE FISHING VESSEL PERMIT

18 HOLDER COMPENSATION PROGRAM.

19 (a) VOLUNTARY COMPENSATION PROGRAM.—The

20 Secretary shall conduct a voluntary Pelagic Longline Ves21 sel Permit Holder Compensation Program. Except as pro22 vided in subsection (b), the following vessels are eligible

23 for the Compensation Program:

24 (1) ALEX JAMES, United States official num25 ber 593864.
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1 (2) AMANDA KAY, United States official

2 number 691398.

3 (3) BEAU, United States official number

4 647878.

5 (4) BETTE BOOP, United States official num6 ber 673527.

7 (5) BETTY B, United States official number

8 689987.

9 (6) BIGEYE, United States official number

10 628300.

11 (7) BLACK JACK ONE, United States official

12 number 592219.

13 (8) BONNEY ANNE, United States official

14 number 666686.

15 (9) BUCKAROO, United States official number

16 576503.

17 (10) CANDACE, United States official number

18 673556.

19 (11) CAPT. BOB, United States official num20 ber 929813.

21 (12) CAROL ANN, United States official num22 ber 609121.

23 (13) CHARLESTON STAR, United States of24 ficial number 591301.
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1 (14) CHRISTOPHER JOE, United States offi2 cial number 608436.

3 (15) CHRISTY, United States official number

4 933833.

5 (16) CLAYTON REED, United States official

6 number 683286.

7 (17) CORAL LADY, United States official

8 number 649372.

9 (18) DAKOTA, United States official number

10 956008.

11 (19) ERICA-LYNN, United States official

12 number 611243.

13 (20) EXPLORER, United States official num14 ber 643055.

15 (21) FATHER & SON, United States official

16 number 611056.

17 (22) GINA D, United States official number

18 602788.

19 (23) GRAND CRU, United States official num20 ber 508393.

21 (24) HAPPY NIGHT TONIGHT, United

22 States official number 632057.

23 (25) ITALIAN STALLION, United States offi24 cial number 603239.
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1 (26) JACQUELINE L., United States official

2 number 551612.

3 (27) JANICE ANN, United States official

4 number 646506.

5 (28) JOAN MARIE, United States official

6 number 599408.

7 (29) JOSHUA NICOLE, United States official

8 number 912738.

9 (30) JUST RIGHT, United States official

10 number 692184.

11 (31) KELLY ANN, United States official num12 ber 633432.

13 (32) KRISTIN LEE, United States official

14 number 656259.

15 (33) LADY LAURA, State of Florida registra16 tion number FL2054GY.

17 (34) LINDSEY JEANETTE, United States of18 ficial number 618472.

19 (35) LINNEA C, United States official number

20 665962.

21 (36) LISA ANN, United States official number

22 659897.

23 (37) LORI MARIE, United States official num24 ber 674417.
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1 (38) MAR JACK, United States official num2 ber 640008.

3 (39) MARION FRANCES, United States offi4 cial number 541694.

5 (40) MARY ANN, United States official num6 ber 596805.

7 (41) MGB, United States official number

8 656564.

9 (42) MISS DANIELLE, United States official

10 number 697038.

11 (43) MISS MANDY, United States official

12 number 636385.

13 (44) MISS MELISSA, United States official

14 number 593587.

15 (45) MISS SUZANNE, United States official

16 number 510728.

17 (46) MISS TAKE, United States official num18 ber 667970.

19 (47) MISS-SHELL, United States official

20 number 637883.

21 (48) OUTLAW, United States official number

22 643282.

23 (49) PEACEFUL LADY, United States official

24 number 918933.
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1 (50) PROUD MARY ELLEN, United States

2 official number 615810.

3 (51) PROVIDER, United States official num4 ber 602041.

5 (52) PROVIDER II, United States official

6 number 648979.

7 (53) R&R, United States official number

8 945535.

9 (54) RAW DAWG, United States official num10 ber 677230.

11 (55) REBECCA PAGE, United States official

12 number 684131.

13 (56) REBEL LADY, United States official

14 number 628471.

15 (57) ROYAL LADY, United States official

16 number 615626.

17 (58) RUTH-ANNE, United States official num18 ber 598591.

19 (59) SEA ANGEL, United States official num20 ber 926754.

21 (60) SEVEN ARROWS, United States official

22 number 611304.

23 (61) SHERRIE ANN II, State of Florida reg24 istration number FL3716JU.
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1 (62) SOUTHERN GALE, United States offi2 cial number 588452.

3 (63) STRAIGHT FLUSH, United States offi4 cial number 663691.

5 (64) SUSAN II, United States official number

6 594618.

7 (65) SYLVIA JEAN, United States official

8 number 609788.

9 (66) TRI LINER, United States official num10 ber 624323.

11 (67) TRIPLE THREAT, United States official

12 number 646718.

13 (68) UNCLOUDY DAY, United States official

14 number 950979.

15 (b) INELIGIBILITY DUE TO PERMIT OR VESSEL

16 TRANSFER AFTER NOVEMBER 10, 1999.—A vessel listed

17 under subsection (a) shall not be eligible if the vessel or

18 any Federal fishing permit or license applicable to that

19 vessel is transferred to a different person after November

20 10, 1999.

21 (c) COMPENSATION NOTIFICATION.—No later than

22 the 15th calendar day after the date of enactment of this

23 Act, the Secretary shall, by certified mail return receipt

24 requested, addressed to each permit holder at its record

25 address, notify each permit holder of—
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1 (1) the compensation provisions of this Act; and

2 (2) any other compensation instructions or

3 guidance that the Secretary may (but not by regula4 tion or further notice of any other kind) establish.

5 (d) COMPENSATION AMOUNT.—The compensation

6 amount shall include, a permit package payment of

7 $125,000 per eligible permit holder plus, either—

8 (1) zero for any eligible permit holder that did

9 not report any landings of highly migratory species

10 by the associated eligible vessel to the National Ma11 rine Fisheries Service for the period beginning on

12 January 1, 1999, and ending on October 1, 1999;

13 or

14 (2) for every other eligible permit holder, a

15 landing payment that the Secretary determines in

16 accordance with subsection (e).

17 (e) LANDING PAYMENT DETERMINATION.—The Sec18 retary’s determinations of all landing payments shall be

19 final and in accordance with the following:

20 (1) BASIS.—The basis for each landing pay21 ment shall be the gross ex-vessel value of all fish (re22 gardless of species) landed by the eligible vessel dur23 ing any one calendar year in the period beginning

24 with the calendar year 1992 and ending with cal25 endar year 1998.
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1 (2) MAXIMUM AMOUNT.—The amount of each

2 landing payment shall be 100 percent of such basis

3 not to exceed $325,000.

4 (3) HOLDER TO ADVISE SECRETARY.—No later

5 than the 75th calendar day after the date of enact6 ment of this Act each permit holder who desires to

7 be compensated under this Act shall—

8 (A) advise the Secretary which single cal9 endar year from 1992 through 1998 the permit

10 holder chooses as the basis for the permit hold11 er’s landing payment; and

12 (B) submit to the Secretary the permit

13 holder’s documentation for the gross ex-vessel

14 value of all fish (regardless of species) landed

15 by the eligible vessel during the basis year cho16 sen; or

17 (C) advise the Secretary that the permit

18 holder does not possess adequate documentation

19 and, consequently elects to have the Secretary

20 calculate a default landing payment.

21 (4) DOCUMENTATION.—Documentation under

22 paragraph (3)(C) shall be in the form of trip tickets

23 (or other landing documentation issued by the first

24 ex-vessel fish buyer or buyers) for the eligible vessel

25 that clearly establishes on their face the identity and
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1 location of the first fish buyer, the vessel from whom

2 the fish was bought, the date the fish was bought,

3 how many pounds of each species of fish was

4 bought, and how much per pound the landing vessel

5 was paid for each species of fish bought (no other

6 documentation shall be acceptable)

7 (5) CALCULATION OF AMOUNT.—If the permit

8 holder submits adequate documentation the Sec9 retary shall use it to calculate the landing payment.

10 If the permit holder elects to have the Secretary cal11 culate a default landing payment (or submits inad12 equate documentation), the Secretary shall calculate

13 a default payment by applying average ex-vessel

14 prices (where possible, for each month of landing

15 and state or area of landing as maintained in the

16 National Marine Fisheries Service’s databases) to

17 each pound of species of fish landed by the permit

18 holder’s eligible vessel during the basis year that the

19 permit holder chooses.

20 (f) COMPENSATION OFFER.—No later than the 135th

21 calendar day after the date of enactment of this Act, the

22 Secretary shall, by certified mail return receipt requested,

23 addressed to each eligible permit holder at its record ad24 dress, offer each eligible permit holder compensation for

25 an amount determined in accordance with this section.
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1 The Secretary’s offer shall be final and not subject to ne2 gotiation or counteroffer.

3 (g) COMPENSATION OFFER ACCEPTANCE.—

4 (1) IN GENERAL.—Each eligible permit holder

5 who desires to be compensated in accordance with

6 this Act must accept the Secretary’s compensation

7 offer no later than the 165th calendar day after the

8 date of enactment of this Act.

9 (2) REQUIREMENTS.—The acceptance—

10 (A) must be in writing signed by the per11 mit holder or permit holder’s duly authorized

12 representative and delivered to the Chief, Fi13 nancial Services Division, National Marine

14 Fisheries Service, 1315 East-West Highway,

15 Silver Spring, MD 20910–3282, and include di16 rect wire transfer instructions;

17 (B) shall constitute the permit holder’s ir18 revocable consent for all other restrictions that

19 this Act permanently requires with respect to

20 the eligible vessel and all such restrictions shall

21 immediately be in effect; and

22 (C) shall be accompanied by all commercial

23 fishing permits and licenses held by the permit

24 holder that are applicable to the eligible vessel.

25 (3) FORM OF DELIVERY.—
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1 (A) If the acceptance is mailed, it must be

2 mailed by certified mail return receipt re3 quested. The Secretary shall consider the date

4 of acceptance to be the date on which it was

5 mailed.

6 (B) If the acceptance is delivered by any

7 other means, the Secretary shall consider the

8 date of acceptance to be the date on which the

9 Secretary first received the acceptance. The

10 Secretary’s determinations regarding the timeli11 ness of the acceptance shall be final.

12 (h) COMPENSATION PAYMENT.—No later than the

13 195th calendar day after the date of enactment of this

14 Act, the Secretary shall, in accordance with this section,

15 pay compensation in full to each permit holder whose ac16 ceptance of the Secretary’s offer was timely.

17 (i) FEDERAL LOAN.—Under the authority of sections

18 1111 and 1112 of title XI of the Merchant Marine Act,

19 1936 (46 U.S.C. App. 1279f and 1279g), the Secretary

20 shall provide up to $10,000,000 through a direct loan obli21 gation for any payments authorized under this section that

22 are not fully paid for by funds appropriated under sub23 section (j) of this section. For purposes of such sections

24 1111 and 1112, these payments shall be treated as pay25 ments under a fishing capacity reduction program estab-
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1 lished under section 312 of the Magnuson-Stevens Act (16

2 U.S.C. 1861a). Notwithstanding subsection (b)(4) of such

3 section 1111, the debt obligation under this subsection

4 shall have a maturity of 30 years.

5 (j) AUTHORIZATION OF APPROPRIATIONS.—There

6 shall be authorized to be appropriated $100,000 for the

7 costs required by the Federal Credit Reform Act for the

8 $10,000,000 direct loan authorized under this section and

9 $15,000,000 for the balance of the compensation pay10 ments authorized under this Act.

11 SEC. 8. RESTRICTIONS ON VESSELS.

12 (a) IN GENERAL.—

13 (1) All commercial fishing permits or licenses

14 held by an eligible permit holder accepting com15 pensation under section 7 shall be revoked upon re16 ceipt by the Secretary of the letter of acceptance

17 under section 7(g).

18 (2) For each eligible vessel for which an eligible

19 permit holder whose commercial fishing permits and

20 licenses have been revoked and who accepted a land21 ing payment, such vessel shall never again be used

22 by any person anywhere in the world (regardless of

23 the national status of such person) for commercial

24 fishing.
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1 (b) INELIGIBILITY FOR FISHERIES ENDORSE2 MENT.—Section 12108(d) of title 46, United States Code,

3 is amended by inserting ‘‘, or a vessel whose commercial

4 fishing permits and licenses have been revoked under sec5 tion 8(a)(2) of the Atlantic Highly Migratory Species Con6 servation Act of 1999,’’ before ‘‘is not eligible’’.

7 (c) TRANSFER TO FOREIGN OWNERSHIP OR REG8 ISTRY PROHIBITED.—

9 (1) PROHIBITED TRANSFER.—No person may—

10 (A) sell, lease, charter, deliver, or in any

11 manner transfer, or agree to sell, lease, charter,

12 deliver, or in any manner transfer, to a person

13 not a citizen of the United States, any interest

14 in or control of a vessel whose commercial fish15 ing permits and licenses have been revoked; or

16 (B) place that vessel under foreign registry

17 or operate that vessel under the authority of a

18 foreign country.

19 (2) VOID EFFECT.—Any charter, sale, or trans20 fer of a vessel, or interest in or control of that ves21 sel, in violation of this subsection is void.

22 (d) PENALTIES.—

23 (1) CRIMINAL PENALTY.—Any person that

24 knowingly charters, sells, or transfers a vessel (or in25 terest in or control of that vessel) in violation of this
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1 section, or knowingly uses that vessel for commercial

2 fishing in violation of this section, or knowingly sub3 mits false documentation for the landing payment

4 under section 7 shall be fined under title 18, United

5 States Code, imprisoned for not more than 5 years,

6 or both.

7 (2) FORFEITURE.—A vessel (including its fish8 ing gear, furniture, appurtenances, stores, and

9 cargo) may be seized by, and forfeited to, the United

10 States Government if—

11 (A)(i) the vessel is placed under foreign

12 registry or operated under the authority of a

13 foreign country in violation of this section;

14 (ii) a person knowingly charters, sells, or

15 transfers a vessel, or interest or control in that

16 vessel, in violation of this section;

17 (B) the vessel is used for commercial fish18 ing in violation of this section

19 (C) the permit holder submits false docu20 mentation for the landing payment under sec21 tion 7.

22 (3) CIVIL PENALTY.—A person that charters,

23 sells, or transfers a vessel (or an interest in or con24 trol of a vessel) in violation of this section, uses a

25 vessel for commercial fishing in violation of this sec-
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1 tion, or submits false documentation for the landing

2 payment under section 7 is liable to the United

3 States Government for a civil penalty of not more

4 than $10,000 for each violation.

5 (e) VESSEL IDENTIFICATION SYSTEM.—The Sec6 retary of Transportation shall ensure that, for each vessel

7 whose commercial fishing permits and licenses have been

8 revoked, information is recorded and maintained in the

9 vessel identification system established under chapter 125

10 of title 46, United States Code, stating that the vessel is

11 forbidden under this Act from engaging in commercial

12 fishing anywhere in the world, that the vessel is not eligi13 ble for any commercial fishing permit or license (regard14 less of whether the permit or license is issued by the Fed15 eral Government, or a State government or political sub16 division thereof), and that use of the vessel in any com17 mercial fishing operation may result in Federal civil and

18 criminal penalties and forfeiture of the vessel and its cargo

19 and equipment.

20 SEC. 9. REPAYMENT OF DIRECT LOAN.

21 (a) IN GENERAL.—There is established a fishery con22 servation fee system, to be administered by the Secretary,

23 for repayment of the direct loan made under section 7(f),

24 with the commercial share to be repaid under subsection

25 (b) of this section and the recreational share to be repaid
31

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1 under subsection (c) of this section. Fees under this sec2 tion are established notwithstanding the requirements of

3 section 304 or 312 of the Magnuson-Stevens Act (16

4 U.S.C. 1854 and 1861a).

5 (b) COMMERCIAL SHARE.—

6 (1) DESCRIPTION.—The commercial share of

7 the fishery conservation fee system shall be 50 per8 cent of the original principal amount of the loan plus

9 all interest accruing on that 50 percent of the prin10 cipal amount.

11 (2) METHOD OF PAYMENT.—The Secretary

12 shall, for the repayment of the commercial share of

13 the loan obligation, plus associated interest, estab14 lish a fee, which—

15 (A) shall be an amount determined by the

16 Secretary to be sufficient to amortize the com17 mercial share over the loan term of 30 years,

18 not to exceed five cents, for each pound of all

19 Atlantic swordfish sold by swordfish dealers;

20 (B) shall be collected beginning on the

21 365th day after the date of enactment of this

22 Act and continue without interruption, regard23 less of the loan’s maturity until such commer24 cial share is fully paid; and
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1 (C) shall be deducted by the swordfish

2 dealer from all proceeds received from the sale

3 by the dealer of all Atlantic swordfish and ac4 counted for and forwarded by the dealer to the

5 Secretary in the following manner:

6 (i) The fee for all proceeds received

7 during each month shall be forwarded by

8 not later than the 15th calendar day of

9 each month immediately following the

10 month for which the fees were collected

11 and fee payments shall be late if not re12 ceived at the lock box by the 20th calendar

13 day of each such immediately following

14 month.

15 (ii) All fees forwarded shall include a

16 settlement sheet that establishes the total

17 proceeds received during the previous

18 month, the total pounds of all Atlantic

19 swordfish sold upon which such receipts

20 were based, and the total fee forwarded.

21 (iii) All fees shall be forwarded to a

22 lock box account that the Secretary shall

23 designate by a letter to each swordfish

24 dealer holding a swordfish dealer’s permit

25 at its record address.
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1 (iv) All fee matters shall be in accord2 ance with such other conditions as the Sec3 retary shall establish, and amend from

4 time to time by a letter (but not by regula5 tion or any other form of notice) sent to

6 each swordfish dealer holding a swordfish

7 dealer’s permit at its record address.

8 (3) DUTY OF PROMPT NOTIFICATION.—The

9 Secretary shall immediately notify swordfish dealers

10 and swordfish limited access permit holders when

11 the commercial share has been fully repaid and the

12 collection requirement terminates. This shall be ac13 complished by the Secretary’s letter sent to each

14 swordfish dealer, holding a swordfish dealer’s permit

15 and each swordfish limited access permit holder at

16 its record address.

17 (4) AUDIT.—The Secretary may at reasonable

18 times and places conduct audits of swordfish dealer’s

19 books and records to determine compliance with this

20 section. Swordfish dealers shall furnish such books

21 and records as the Secretary may reasonably require

22 for the conduct of such audits.

23 (5) PENALTY INTEREST ON LATE FEE PAY24 MENTS.—Swordfish dealers shall pay penalty inter25 est equal to one and one-half percent the full
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1 amount of each late fee payment for each month, or

2 portion thereof, in which a late fee payment remains

3 unpaid.

4 (6) ENFORCEMENT.—The Secretary shall col5 lect all unpaid fees by such manner as the Secretary

6 considers appropriate, including bringing collection

7 enforcement actions at law and attaching and liqui8 dating swordfish dealers’ assets.

9 (7) CONTINUING OBLIGATION.—Notwith10 standing that the commercial share of the loan is

11 not paid in full by the loan’s maturity date, the fee

12 shall continue without interruption until such time

13 as the commercial share is paid in full.

14 (c) RECREATIONAL SHARE.—

15 (1) DESCRIPTION.—The recreational share of

16 the fishery conservation fee system shall be 50 per17 cent of the original principal amount of the loan plus

18 all interest accruing on 50 percent of the principal

19 amount.

20 (2) METHODS OF PAYMENT.—The recreational

21 share of the loan obligation, plus associated interest,

22 shall be repaid through payment by affected States

23 under paragraph (3), and by the sale of fishery con24 servation permits issued under paragraph (4).
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1 (3) PAYMENT BY AFFECTED STATE.—A vessel

2 registered in an affected State will not be required

3 to purchase a Federal fishery conservation permit if

4 the State, no later than the 240th calendar day after

5 the date of enactment of this Act, makes a binding,

6 legally enforceable agreement with the United States

7 Government to pay fully, within 4 years after the

8 date of enactment of this Act, the State’s rec9 reational share allocation, plus associated interest.

10 The allocations for each affected State shall not ex11 ceed 40 percent for any affected States and will be

12 based on the State’s percentage of the total length

13 of coastline adjacent to any area closed under sec14 tion 6 and the total number of marine anglers for

15 all 7 States. Such allocations are as follows:

16 (A) South Carolina—9.4 percent;

17 (B) Georgia—4.3 percent;

18 (C) Florida—40.0 percent;

19 (D) Alabama—3.2 percent;

20 (E) Mississippi—2.6 percent;

21 (F) Louisiana—14.6 percent; and

22 (G) Texas—19.9 percent.

23 (4) FISHERY CONSERVATION PERMITS.—

24 (A) ISSUANCE AND SALE.—On or about

25 one year after the date of enactment of this Act
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1 and thereafter until the recreational share is

2 fully repaid, the Secretary shall issue for $25

3 each an annual fishery conservation permit to

4 vessels over 18 feet in length wishing to engage

5 in recreational fishing for highly migratory spe6 cies in any area closed under section 6. For ves7 sels registered in a State electing to pay the

8 recreational share, the Secretary shall issue the

9 permit free of charge.

10 (B) MEANS OF SALE OR ISSUANCE.—The

11 Secretary—

12 (i) may, to the extent practicable, au13 thorize the permits to be issued or sold by

14 a variety of persons, including state agen15 cies, retail dealers, and through convenient

16 means, including the Internet and toll-free

17 telephone numbers; and

18 (ii) may establish procedures for such

19 persons to account for and forward the

20 proceeds of sale to the Secretary.

21 (C) EXCEPTION.—The Secretary may not

22 issue such permits after the repayment of the

23 recreational share of the loan obligation.

24 (D) VESSELS REGISTERED IN AFFECTED

25 STATES.—Vessels registered in affected States
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1 agreeing to pay the recreational share shall ob2 tain a fishery conservation permit from the Sec3 retary or the affected State where the vessel is

4 registered.

5 (5) PROHIBITION.—After the 240th day after

6 the date of enactment of this Act until the rec7 reational share is fully repaid under this Act, no per8 son may engage in recreational fishing for highly mi9 gratory species in any closed area from a vessel of

10 18 feet or more in length, unless the vessel has been

11 issued a valid fishery conservation permit. Such per12 mit must be retained on the vessel. It shall be a re13 buttable presumption that any 18 foot or larger rec14 reational vessel with gear aboard capable of catching

15 HMS species shall be presumed to be fishing for

16 HMS species. Once the recreational share has been

17 fully repaid this prohibition shall be null and void.

18 (6) DUTY OF PROMPT NOTIFICATION.—The

19 Secretary shall immediately notify the Coast Guard,

20 the heads of the agencies of the affected States that

21 have responsibility for marine fishery law enforce22 ment, retail dealers and others who sell fishery con23 servation permits under this subsection, and the

24 public when: payment of the recreational share be25 gins, and the recreational share has been fully re-
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1 paid. This shall be accomplished by a Federal Reg2 ister notice, direct communication, and such other

3 means as the Secretary determines are effective and

4 appropriate.

5 (7) REPAYMENT.—Money received under sub6 sections (3) and (4), shall be accounted for and paid

7 by the Secretary into the subaccount of the Treasury

8 established for the repayment of the direct loan

9 made under section 7(i).

10 SEC. 10. PROHIBITED ACT UNDER MAGNUSON-STEVENS

11 ACT.

12 A person who violates this Act shall, in addition to

13 any other penalties provided in this Act or elsewhere, be

14 considered to have committed an act prohibited under sec15 tion 307(1)(A) of the Magnuson-Stevens Act (16 U.S.C.

16 1857(1)(A)).

17 SEC. 11. BILLFISH BYCATCH MORTALITY REDUCTION RE18 SEARCH PROGRAM.

19 (a) ESTABLISHMENT OF PROGRAM.—There is estab20 lished within the National Marine Fisheries Service at the

21 Southeast Fisheries Science Center a Pelagic Longline

22 Billfish Bycatch and Mortality Reduction Research Pro23 gram. The Program shall identify and test a variety of

24 pelagic longline fishing gear configurations and uses and

25 determine which of those configurations and uses are the
39

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1 most effective in reducing billfish bycatch mortality in the

2 pelagic longline fisheries of the Gulf of Mexico and in the

3 exclusive economic zone north of the Atlantic Conservation

4 Zone established under section 6. The program shall also

5 include provision for observers to be placed on pelagic

6 longline fishing vessels for the purposes of monitoring the

7 fishery and participating in the research program.

8 (b) PROGRAM DESIGN.—The Program design shall

9 be developed through a scientific workshop organized and

10 convened by the Southeast Fisheries Science Center of the

11 National Marine Fisheries Service. Knowledgeable mem12 bers of the pelagic longline fishing sector and the rec13 reational billfish sector, along with scientists associated

14 with each such industry, shall be invited to participate on

15 the workshop design team. The Center shall make its best

16 efforts to ensure that each such sector is fairly represented

17 on the design team. The program design shall be sub18 mitted to the Secretary no later than the 120th calendar

19 day after the date of enactment of this Act and shall in20 clude a scientifically-based recommendation for the level

21 of observer coverage on pelagic longline fishing vessels

22 that is necessary to monitor the fishery effectively and

23 participate in the research program.

24 (c) MONITOR AND REPORT.—The Secretary is di25 rected to aggressively monitor the mid-Atlantic bight dur-
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1 ing the months of June, July, and August to determine

2 if there has been a substantial net increase in the number

3 of vessels or effort from the remaining pelagic longline

4 fleet and whether that net increase is causing significant

5 negative impact on the recreational billfish catch. In the

6 event the Secretary so finds, the Secretary shall imme7 diately report the finding to the Committee on Commerce,

8 Science and Transportation of the Senate and the Com9 mittee on Resources of the House of Representatives along

10 with his recommendations to address the impact.

11 (d) REPORT TO CONGRESS.—No later than the 90th

12 calendar day after the third year of closure of the Gulf

13 Of Mexico Conservation Zone For Highly Migratory Spe14 cies under section 6(c), the Secretary shall submit a report

15 on the Program’s determinations to the Committee on

16 Commerce, Science, and Transportation of the Senate and

17 the Committee on Resources of the House of Representa18 tives. The report shall include any recommendations for

19 legislation that may be appropriate prior to the expiration

20 of the closure of the Gulf Of Mexico Conservation Zone

21 For Highly Migratory Species.

22 SEC. 12. INTERIM REGULATIONS.

23 (a) INTERIM REGULATIONS.—The Secretary may not

24 propose, approve, or implement before a date that is either

25 one year after the date on which the Secretary submits
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1 the report to Congress on the results of the Billfish By2 catch Mortality Reduction Research Program under sec3 tion 11(c) or 4 years after the date of enactment of this

4 Act, whichever is later, any rules or regulations that have

5 the effect of establishing any time-area closures for pelagic

6 longline fishing in the Atlantic by United States fishing

7 vessels that are in addition to, or otherwise expand, those

8 time-area closures established under this Act.

9 (b) EXCEPTION.—The prohibition set forth in sub10 section (a) shall not apply—

11 (1) to rules or regulations necessary to imple12 ment any future recommendation of ICCAT or Act

13 of Congress;

14 (2) to strictly technical and conforming correc15 tions to those time-area closures established under

16 this Act that the Secretary finds are necessary for

17 public safety and enforcement of this Act; or

18 (3) if the Secretary, after consultation with the

19 Commissioners appointed under the Atlantic Tunas

20 Convention Act of 1975, finds that—

21 (A) fishing by United States pelagic

22 longline fishing vessels is causing an emergency

23 with respect to the conservation of an Atlantic

24 highly migratory species of fish;
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1 (B) such emergency can not or will not be

2 addressed by the International Commission for

3 the Conservation of Atlantic Tunas in a timely

4 manner; and

5 (C) time-area closures for pelagic longline

6 fishing in the Atlantic by United States fishing

7 vessels that are in addition to, or otherwise ex8 pand, those time-area closures established

9 under this Act are necessary to address such

10 emergency and there are no other practicable

11 means available to address such emergency.

12 SEC. 13. VESSEL MONITORING DEVICE.

13 (a) IN GENERAL.— After the 165th day of enactment

14 of this Act, no pelagic longline vessel shall operate within

15 the Atlantic HMS fishery without a vessel monitoring de16 vice approved by the Secretary.

17 (b) NOT REQUIRED TO CARRY MONITORING DE18 VICE.—No vessel accepting the buyout under section 7 will

19 be required to carry a vessel monitoring device.

20 (c) COSTS.—Any costs attributable to the purchase

21 and installation of vessel monitoring devices on any pelagic

22 longline vessel fishing in the Atlantic HMS fishery that

23 is required to carry such a device under this section shall

24 be the responsibility of the Secretary.
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1 SEC. 14. NULLIFICATION.

2 In the event Congress fails to appropriate funds ade3 quate to complete the buyout under section 7 then no pro4 vision of this Act shall be effective. In the event Congress

5 fails to appropriate funds adequate to place vessel moni6 toring devices on vessels, then the requirement to carry

7 such devices shall have no effect.

8 SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

9 There are authorized to be appropriated to the Sec10 retary $250,000 per year as the cost of carrying out the

11 compensation program; $2,250,000 for vessel monitoring

12 devices; $3,000,000 for research; plus such other sums as

13 may be necessary for carrying out all other functions in

14 the Act. In addition, there are authorized to be appro15 priated to the Secretary not more than $400,000 for the

16 Southeast Fisheries Science Center to conduct additional

17 research on billfish and swordfish.

Æ