I

107TH CONGRESS

1ST SESSION H. R. 1367

To provide for the conservation and rebuilding of overfished stocks of Atlantic

highly migratory species of fish, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 3, 2001

Mr. SAXTON (for himself and Mr. SIMMONS) introduced the following bill;

which was referred to the Committee on Resources

A BILL

To provide for the conservation and rebuilding of overfished

stocks of 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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Atlantic Highly Migratory Species Conservation Act of

6 2001’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purposes.
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Sec. 4. Definitions.

Sec. 5. Closure of highly migratory species conservation zones.

Sec. 6. Pelagic longline fishing vessel permit holder compensation program.

Sec. 7. Restrictions on vessels.

Sec. 8. Restrictions on compensated eligible permit holders.

Sec. 9. Prohibited act under Magnuson-Stevens Act.

Sec. 10. Information collection review not to apply.

Sec. 11. Highly migratory species bycatch mortality reduction research program.

Sec. 12. Reallocation of total allowable catch.

Sec. 13. Monitoring and evaluation of area closures.

Sec. 14. Vessel monitoring device.

Sec. 15. Effective date.

Sec. 16. Authorization of appropriations.

1 SEC. 2. FINDINGS.

2 The Congress makes the following findings:

3 (1) Highly migratory species of fish, including

4 North Atlantic swordfish, species of Atlantic billfish,

5 and Atlantic large coastal sharks, are overfished and

6 require greater conservation as confirmed by recent

7 scientific assessments. In its most recent analysis,

8 the Standing Committee on Research and Statistics

9 of the International Commission for the Conserva10 tion of Atlantic Tunas estimated that a number of

11 key stocks of highly migratory species have less than

12 the biomass needed to produce their respective max13 imum sustainable yields. The 1999 SCRS stock as14 sessment estimated that the North Atlantic sword15 fish stock was at 65 percent of the necessary bio16 mass to produce maximum sustainable yield. The

17 1997 SCRS stock assessment estimated that the At18 lantic blue marlin stock was at 24 percent, and the

19 Atlantic white marlin stock was at 23 percent, of the
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1 necessary biomass to produce MSY. In its most re2 cent stock assessment for Atlantic sailfish/spearfish,

3 the SCRS estimated these stocks were at 62 percent

4 of the necessary biomass to produce MSY. Also, the

5 National Marine Fisheries Service has identified

6 North Atlantic swordfish, Atlantic blue marlin, At7 lantic white marlin, Atlantic sailfish/spearfish, and

8 other highly migratory species of fish as overfished.

9 (2) A reduction in the mortality of undersized

10 swordfish will contribute substantially to the rebuild11 ing of North Atlantic swordfish as confirmed by a

12 1998 SCRS report that expressed ‘‘concern about

13 the high catches (landings plus discards) of small

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

15 could accrue if fishing mortality on small fish could

16 be further reduced.’’

17 (3) In 1998, ICCAT adopted a resolution di18 recting the SCRS to develop options for rebuilding

19 North Atlantic swordfish to levels that would

20 produce the maximum sustainable yield, including

21 alternative methods for reducing small fish mor22 tality, for consideration at the ICCAT meeting in

23 1999.

24 (4) Reducing the mortality of species of Atlan25 tic billfish, including Atlantic blue marlin, Atlantic
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1 white marlin, and Atlantic sailfish/spearfish, will

2 contribute substantially to the rebuilding of these

3 stocks.

4 (5) In 1990, ICCAT encouraged its member

5 states to take appropriate measures within their na6 tional jurisdictions to protect small swordfish, in7 cluding the establishment of time and area closures.

8 (6) Significant reductions in the mortality of ju9 venile swordfish, Atlantic white marlin, Atlantic blue

10 marlin, Atlantic sailfish/spearfish, species of Atlantic

11 large coastal sharks, and other highly migratory spe12 cies of fish within the exclusive economic zone of the

13 United States can be achieved by the design and im14 plementation of discrete, scientifically based time15 area closures for pelagic longline fishing.

16 (7) A credible, scientifically based time-area clo17 sure for pelagic longline fishing that would achieve

18 reductions in the bycatch and mortality of overfished

19 highly migratory species within the United States

20 exclusive economic zone will provide a model for ap21 plying the same conservation concept more broadly

22 in international waters through ICCAT in further

23 pursuit of the goal of rebuilding the stocks of these

24 species.
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1 (8) The time-area closures for pelagic longline

2 fishing within the United States exclusive economic

3 zone that will achieve the conservation objectives for

4 swordfish, billfish, and large coastal sharks in the

5 Atlantic Ocean and Gulf of Mexico and that will re6 duce conflicts between commercial and recreational

7 fishermen will result in harmful economic impacts on

8 United States commercial fishermen who engage in

9 pelagic longline fishing, as well as their families.

10 Such harmful economic impacts can be offset by a

11 fair and equitable buyout of the permits and licenses

12 of certain pelagic longline fishing vessels.

13 (9) There is a great need for the National Ma14 rine Fisheries Service to conduct additional scientific

15 research, in cooperation with pelagic longline fishing

16 vessels, to identify the uses and configurations of pe17 lagic longline fishing gear that are most effective in

18 reducing bycatch.

19 SEC. 3. PURPOSES.

20 The purposes of this Act are the following:

21 (1) To expand the scientific knowledge and un22 derstanding of Atlantic highly migratory species and

23 the fisheries of the United States, including rec24 reational and commercial research, both design and

25 deployment.
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1 (2) To contribute to the conservation and re2 building of overfished stocks of highly migratory spe3 cies, including North Atlantic swordfish, Atlantic

4 white marlin, Atlantic blue marlin, Atlantic sailfish/

5 spearfish, and Atlantic large coastal sharks, through

6 reductions in mortality and the protection of those

7 areas that may occur within the exclusive economic

8 zone of the United States, to levels that will produce

9 maximum sustainable yield, in compliance with

10 United States obligations under the International

11 Convention for the Conservation of Atlantic Tunas

12 and consistent with section 301(a)(1) of the Magnu13 son-Stevens Act (16 U.S.C. 1851(a)(1)) and section

14 304 of the Magnuson-Stevens Act (16 U.S.C. 1854).

15 (3) To minimize socio-economic impacts on

16 United States commercial fishermen and their fami17 lies, consistent with section 301(a)(8) of the Magnu18 son-Stevens Act (16 U.S.C. 1851(a)(8)) and the re19 quirements of chapter 6 of title 5, United States

20 Code (popularly known as the Regulatory Flexibility

21 Act), resulting from the conservation actions taken

22 under this Act.

23 (4) To ensure a sustainable fishery.

24 (5) To minimize both bycatch, including regu25 latory discards, consistent with the Magnuson-Ste-
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1 vens Act and the international obligations of the

2 United States, and marine mammal and sea turtle

3 mortality as required by the Marine Mammal Pro4 tection Act of 1972 and the Endangered Species Act

5 of 1973.

6 (6) To support and encourage the United

7 States Government’s efforts to obtain international

8 agreements that provide for effective fishery con9 servation and management consistent with the poli10 cies set forth in section 2(c) of the Magnuson-Ste11 vens Act (16 U.S.C. 1801(c)) and to provide the

12 necessary leadership for achieving greater inter13 national conservation of highly migratory species.

14 (7) To reduce conflicts within the exclusive eco15 nomic zone of the United States between the pelagic

16 longline and recreational fisheries for highly migra17 tory species.

18 (8) To minimize bycatch, and to the extent pos19 sible, to prevent displacement of fishing effort result20 ing from the conservation actions under this Act.

21 SEC. 4. DEFINITIONS.

22 In this Act, the following definitions apply:

23 (1) ATLANTIC OCEAN.—The term ‘‘Atlantic

24 Ocean’’ includes the waters of the Gulf of Mexico

25 and the Caribbean Sea.
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1 (2) BILLFISH.—The term ‘‘billfish’’ means blue

2 marlin, spearfish, sailfish, and white marlin.

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

4 that are harvested in a fishery, but that are not sold

5 or kept for personal use, and includes economic dis6 cards and regulatory discards. The term does not in7 clude fish released alive under a recreational catch

8 and release fishery management program.

9 (4) 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 through sale, barter, or trade.

13 (5) ELIGIBLE PERMIT HOLDER.—The term ‘‘el14 igible permit holder’’ means a person or group of

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

16 holds a Directed Swordfish Limited Access Permit

17 or a Tuna Longline Permit with Incidental Sword18 fish and Shark that was issued based on the land19 ings of an eligible vessel.

20 (6) EEZ.—The term ‘‘EEZ’’ means the exclu21 sive economic zone established by Proclamation

22 Numbered 5030, dated March 10, 1983.

23 (7) FISH.—The term ‘‘fish’’ means finfish, mol24 lusks, crustaceans, and all other forms of marine
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1 animal and plant life other than marine mammals

2 and birds.

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

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

5 fish;

6 (B) the attempted catching, taking, or har7 vesting of fish;

8 (C) any other activity which can reason9 ably be expected to result in the catching, tak10 ing, or harvesting of fish; or

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

12 in preparation for, any activity described in

13 subparagraphs (A) through (C).

14 The term does not include any scientific research ac15 tivity that is authorized by the Secretary.

16 (9) FISHING VESSEL.—The term ‘‘fishing ves17 sel’’ means any vessel, boat, ship, or other craft that

18 is used for, equipped to be used for, or of a type

19 that is normally used for—

20 (A) fishing; or

21 (B) aiding or assisting one or more vessels

22 at sea in the performance of any activity relat23 ing to fishing, including but not limited to prep24 aration, supply, storage, refrigeration, transpor25 tation, or processing.
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1 (10) GEODESIC.—The term ‘‘geodesic’’ means

2 the shortest line between two points that lies on the

3 surface of the Earth.

4 (11) HIGHLY MIGRATORY SPECIES.—The term

5 ‘‘highly migratory species’’ means tuna species, bill6 fish, oceanic sharks, and swordfish.

7 (12) ICCAT.—The term ‘‘ICCAT’’ means the

8 International Commission for the Conservation of

9 Atlantic Tunas.

10 (13) MAGNUSON-STEVENS ACT.—The term

11 ‘‘Magnuson-Stevens Act’’ means the Magnuson-Ste12 vens Fishery Conservation and Management Act (16

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

14 (14) MID-ATLANTIC BIGHT.—The term ‘‘Mid15 Atlantic Bight’’ means all waters of the Atlantic

16 Ocean north of 35 degrees north latitude and west

17 of 71 degrees west longitude.

18 (15) MSY.—The term ‘‘MSY’’ means maximum

19 sustainable yield.

20 (16) OBSERVER.—The term ‘‘observer’’ has the

21 meaning that term has in the Magnuson-Stevens Act

22 (16 U.S.C. 1801 et seq.).

23 (17) OVERFISHED.—The term ‘‘overfished’’ has

24 the meaning that term has in the Magnuson-Stevens

25 Act (16 U.S.C. 1801 et seq.).
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1 (18) PELAGIC LONGLINE FISHING.—The term

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

3 that uses any fishing gear consisting of a length of

4 line suspended horizontally in the water above the

5 bottom from lines attached to surface floats and to

6 which gangions and hooks are attached and are used

7 to target pelagic species.

8 (19) PERSON.—The term ‘‘person’’ means any

9 individual, corporation, partnership, association, or

10 other entity (whether or not organized or existing

11 under the laws of any State).

12 (20) RECORD ADDRESS.—The term ‘‘record ad13 dress’’ means the address of record for each permit

14 holder and highly migratory species dealer as main15 tained in the National Marine Fisheries Service’s

16 databases.

17 (21) RECREATIONAL FISHING.—The term ‘‘rec18 reational fishing’’ means fishing for sport or pleas19 ure.

20 (22) SCRS.—The term ‘‘SCRS’’ means the

21 Standing Committee on Research and Statistics of

22 ICCAT.

23 (23) SECRETARY.—The term ‘‘Secretary’’

24 means the Secretary of Commerce or a designee of

25 such Secretary.
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1 (24) TUNAS.—The term ‘‘tunas’’ means alba2 core, bigeye, bluefin, skipjack, and yellowfin tunas.

3 SEC. 5. CLOSURE OF HIGHLY MIGRATORY SPECIES CON4 SERVATION ZONES.

5 (a) GULF OF MEXICO CONSERVATION ZONE FOR

6 HIGHLY MIGRATORY SPECIES.—During the period that

7 begins on the first Memorial Day after the effective date

8 of this Act and continues through Labor Day of the same

9 calendar year, and every year thereafter, no person may

10 engage in pelagic longline fishing in the Gulf of Mexico

11 Conservation Zone For Highly Migratory Species. For

12 purposes of this subsection, such zone is the area of the

13 exclusive economic zone seaward of the baseline from

14 which the territorial sea is measured, that is enclosed by

15 a series of geodesics connecting in succession the points

16 at the following coordinates:

17 (1) 26 degrees 0 minutes north latitude, 97 de18 grees 10 minutes west longitude (at approximately

19 the border between the United States and Mexico).

20 (2) 26 degrees 0 minutes north latitude, 96 de21 grees 0 minutes west longitude.

22 (3) 27 degrees 30 minutes north latitude, 94

23 degrees 30 minutes west longitude.

24 (4) 27 degrees 30 minutes north latitude, 90

25 degrees 0 minutes west longitude.
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1 (5) 28 degrees 0 minutes north latitude, 90 de2 grees 0 minutes west longitude.

3 (6) 28 degrees 0 minutes north latitude, 89 de4 grees 30 minutes west longitude.

5 (7) 29 degrees 0 minutes north latitude, 87 de6 grees 30 minutes west longitude.

7 (8) 29 degrees 0 minutes north latitude, 86 de8 grees 0 minutes west longitude.

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

10 degrees 20 minutes west longitude (at Cape San

11 Blas, Florida).

12 (b) MID-ATLANTIC CONSERVATION ZONES FOR

13 HIGHLY MIGRATORY SPECIES.—

14 (1) ANNUAL CLOSURE.—No person shall—

15 (A) engage in pelagic longline fishing in

16 the Northern Mid-Atlantic Conservation Zone

17 for Highly Migratory Species—

18 (i) during the period that begins on

19 the first July 21 occurring after the date

20 of the enactment of this section and ends

21 on August 31 of the same calendar year;

22 or

23 (ii) during the same period in any

24 year thereafter; or
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1 (B) engage in pelagic longline fishing in

2 the Southern Mid-Atlantic Conservation Zone

3 for Highly Migratory Species—

4 (i) during the period that begins on

5 the first September 1 occurring after the

6 date of enactment of this section and ends

7 on September 30 of the same calendar

8 year; or

9 (ii) during the same period in any

10 year thereafter.

11 (2) ZONES DESCRIBED.—

12 (A) NORTHERN MID-ATLANTIC CONSERVA13 TION ZONE.—For purposes of paragraph (1),

14 the Northern Mid-Atlantic Conservation Zone

15 for Highly Migratory Species is the area en16 closed by a series of geodesics connecting in

17 succession the points at the following coordi18 nates:

19 (i) 37 degrees 30 minutes north lati20 tude, 74 degrees 30 minutes west lon21 gitude.

22 (ii) 40 degrees 0 minutes north lati23 tude, 72 degrees 15 minutes west lon24 gitude.
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1 (iii) 39 degrees 0 minutes north lati2 tude, 72 degrees 15 minutes west lon3 gitude.

4 (iv) 37 degrees 30 minutes north lati5 tude, 73 degrees 30 minutes west lon6 gitude.

7 (B) SOUTHERN MID-ATLANTIC CONSERVA8 TION ZONE.—For purposes of paragraph (1),

9 the Southern Mid-Atlantic Conservation Zone

10 for Highly Migratory Species is the area en11 closed by a series of geodesics connecting in

12 succession the points at the following coordi13 nates:

14 (i) 36 degrees 33 minutes north lati15 tude, 74 degrees 45 minutes west lon16 gitude.

17 (ii) 37 degrees 15 minutes north lati18 tude, 74 degrees 45 minutes west lon19 gitude.

20 (iii) 37 degrees 30 minutes north lati21 tude, 74 degrees 30 minutes west lon22 gitude.

23 (iv) 37 degrees 30 minutes north lati24 tude, 73 degrees 30 minutes west lon25 gitude.
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1 (v) 37 degrees 0 minutes north lati2 tude, 74 degree 0 minutes west longitude.

3 (vi) 36 degrees 33 minutes north lati4 tude, 74 degrees 0 minutes west longitude.

5 (3) EFFORT LIMITATION.—

6 (A) IN GENERAL.—The Secretary—

7 (i) shall find, by not later than Au8 gust 30 of each year, whether or not the

9 cumulative number of pelagic longline fish10 ing sets in the Mid-Atlantic Bight for

11 swordfish and tuna during the period of

12 June, July, August, and September of that

13 year will exceed 1,250; and

14 (ii) if the Secretary makes an affirma15 tive finding under clause (i), shall take

16 such measures as are necessary to ensure

17 that the cumulative number of such sets in

18 that period does not exceed that number.

19 (B) REGULATIONS.—The Secretary shall

20 issue regulations implementing this paragraph

21 by not later than 180 days after the date of the

22 enactment of this Act.

23 (c) PELAGIC LONGLINE CAPACITY REDUCTION PRO24 GRAM.—
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1 (1) IN GENERAL.—There is established under

2 the National Marine Fisheries Service a pelagic

3 longline fishing vessel capacity reduction program.

4 The Secretary of Commerce shall implement the pro5 gram in a manner consistent with the provisions of

6 this subsection. Under the program, the Secretary

7 shall—

8 (A) establish guidelines for the reduction

9 of the Atlantic pelagic longline fleet through the

10 surrender of directed swordfish, incidental

11 swordfish, and Atlantic tuna permits to the

12 United States Government; and

13 (B) establish a reverse auction for such

14 permits for the purpose of reducing pelagic

15 longline capacity.

16 (2) ELIGIBILITY.—Any pelagic longline fishing

17 vessel shall be eligible for the program, except that

18 the Secretary shall give priority to vessels that had

19 significant landings of fish from the Mid-Atlantic

20 Bight in the period 1992 through 1998.

21 (3) NOTIFICATION.—The Secretary shall notify

22 all eligible incidental and directed pelagic longline

23 swordfish and Atlantic tuna permit holders of their

24 eligibility for the program, within 180 days after the

25 date of enactment of this Act.
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1 (4) APPROPRIATIONS FOR COMPENSATION PRO2 GRAM.—There are authorized to be appropriated to

3 the Secretary of Commerce $5,000,000 for the pro4 gram established under paragraph (1).

5 (5) REQUEST FOR SUPPLEMENTAL APPROPRIA6 TIONS.—If the Secretary determines that the

7 amounts appropriated explicitly for the purpose of

8 making payments under this subsection are inad9 equate to carry out this subsection completely, then

10 the Secretary shall notify the Committees on Appro11 priations of the Senate and the House of Represent12 atives of that determination. The Secretary shall in13 clude in the notification a description of possible

14 sources of additional funds for the purpose of com15 pleting the payments authorized by this section.

16 (d) SCIENTIFIC RESEARCH EXCEPTION.—The re17 strictions under this section on fishing do not apply to pe18 lagic longline fishery research authorized by the Secretary.

19 No fish caught under the research program may be sold

20 unless authorized by the Secretary.

21 SEC. 6. PELAGIC LONGLINE FISHING VESSEL PERMIT

22 HOLDER COMPENSATION PROGRAM.

23 (a) VOLUNTARY COMPENSATION PROGRAM.—

24 (1) IN GENERAL.—The Secretary shall conduct

25 a voluntary Pelagic Longline Vessel Permit Holder
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1 Compensation Program, under which the Secretary

2 shall buy in accordance with this section Directed

3 Swordfish Initial Limited Access Permits and Tuna

4 Longline Permits with Incidental Swordfish and

5 Shark that are in effect under the Magnuson-Ste6 vens Act from each eligible permit holder, by paying

7 to the eligible permit holder the applicable com8 pensation amount under subsection (d).

9 (2) PRIORITY.—In buying permits under this

10 subsection, the Secretary shall give priority to per11 mits held by eligible permit holders who, in the 1992

12 through 1998 fishing seasons, had significant land13 ings of fish under those permits from areas that

14 were subject to closure under the final rule regard15 ing Atlantic highly migratory species and pelagic

16 longline management published on August 1, 2000

17 (65 Fed. Reg. 47214).

18 (3) CONSISTENCY WITH MAGNUSON-STEVENS

19 ACT.—To ensure its effectiveness and equity, such

20 program shall be carried out consistent with the

21 standards for capacity reduction programs under

22 section 312(b) of the Magnuson-Stevens Act (16

23 U.S.C. 1861a(b)).

24 (b) INELIGIBILITY DUE TO PERMIT OR VESSEL

25 TRANSFER AFTER NOVEMBER 10, 1999.—The Secretary
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1 shall not purchase a permit under this section if the vessel

2 authorized to engage in fishing under the permit, or any

3 Federal fishing permit or license applicable to that vessel,

4 is transferred to a different person after November 10,

5 1999.

6 (c) COMPENSATION NOTIFICATION.—No later than

7 45 days after the date of enactment of this Act, the Sec8 retary shall, by certified mail return receipt requested, ad9 dressed to each eligible permit holder, notify each eligible

10 permit holder of—

11 (1) the compensation provisions of this Act; and

12 (2) any other compensation instructions or

13 guidance that the Secretary may establish.

14 (d) COMPENSATION AMOUNT.—

15 (1) IN GENERAL.—Subject to paragraph (2),

16 the compensation amount shall be a payment of—

17 (A) $50,000 per eligible permit holder for

18 all permits referred to in subsection (a)(1) that

19 are held by the eligible permit holder, reduced

20 by the fair market value of any type of such

21 permits that is not held by the eligible permit

22 holder; plus

23 (B) for each eligible permit holder that re24 ported to the National Marine Fisheries Service

25 any landings of highly migratory species by any
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1 vessel authorized to be used for fishing under

2 the permit or permits for which the payment is

3 made for the period beginning on January 1,

4 1999, and ending on October 1, 1999, a land5 ing payment that the Secretary determines in

6 accordance with subsection (e).

7 (2) REDUCTION FOR OBLIGATIONS OWED TO

8 THE U.S.—The compensation amount determined

9 under paragraph (1) shall be reduced by the amount

10 of any lien, judgment, or other such final obligation

11 owed to the United States by the eligible permit

12 holder. Before making payment under this section,

13 the Secretary shall identify all such outstanding obli14 gations with respect to an eligible permit holder and

15 notify that person of the amount of the reduction

16 under this paragraph and the obligations taken into

17 account.

18 (e) LANDING PAYMENT DETERMINATION.—The Sec19 retary’s determinations of all landing payments under sub20 section (d) shall be final and shall be made as follows:

21 (1) The basis for each landing payment shall be

22 the gross ex-vessel value of all fish (regardless of

23 species) landed by the eligible vessel during any 1

24 calendar year in the period beginning with the cal-
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1 endar year 1992 and ending with calendar year

2 1998.

3 (2) The amount of each landing payment shall

4 be 100 percent of such basis, up to $400,000.

5 (3) No later than 105 days after the date of en6 actment of this Act each permit holder who desires

7 to be compensated under this section must—

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

10 holder chooses pursuant to paragraph (1) as

11 the basis for the permit holder’s landing pay12 ment; and

13 (B) submit to the Secretary the permit

14 holder’s documentation for the gross ex-vessel

15 value of all fish (regardless of species) landed

16 by the eligible vessel during the basis year cho17 sen, that—

18 (i) is the form of trip tickets or any

19 relevant criteria required by the Secretary

20 to verify eligibility (or other landing docu21 mentation issued by the first ex-vessel fish

22 buyer or buyers) for the eligible vessel that

23 clearly establishes on their face the identity

24 and location of the first fish buyer;
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1 (ii) states each vessel from which the

2 fish was bought;

3 (iii) states the date the fish was

4 bought, and how many pounds of each spe5 cies of fish was bought; and

6 (iv) states how much per pound the

7 landing vessel was paid for each species of

8 fish bought (no other documentation shall

9 be acceptable); or

10 (C) advise the Secretary that the permit

11 holder does not possess adequate documentation

12 and, consequently elects to have the Secretary

13 calculate a default landing payment.

14 (4) If the permit holder submits adequate docu15 mentation the Secretary shall use it to calculate the

16 landing payment. If the permit holder elects to have

17 the Secretary calculate a default landing payment

18 (or submits inadequate documentation), the Sec19 retary shall calculate a default payment by applying

20 average ex-vessel prices (where possible, for each

21 month of landing and State or area of landing as

22 maintained in the National Marine Fisheries Serv23 ice’s databases) to each pound of species of fish

24 landed by the permit holder’s eligible vessel during

25 the basis year that the permit holder chooses.
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1 (f) COMPENSATION OFFER.—No later than 165 days

2 after the date of enactment of this Act, the Secretary

3 shall, by certified mail return receipt requested, addressed

4 to each eligible permit holder at its record address, offer

5 each eligible permit holder compensation for an amount

6 determined in accordance with this section. The Sec7 retary’s offer shall be final and not subject to negotiation

8 or counteroffer.

9 (g) COMPENSATION OFFER ACCEPTANCE.—

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

11 who desires to be compensated in accordance with

12 this Act must accept the Secretary’s compensation

13 offer no later than 195 days after the date of enact14 ment of this Act. Such acceptance—

15 (A) must be in writing signed by the per16 mit holder or permit holder’s duly authorized

17 representative and delivered to the Chief, Fi18 nancial Services Division, National Marine

19 Fisheries Service, 1315 East-West Highway,

20 Silver Spring, MD 20910–3282, and the ac21 ceptance letter shall include any necessary di22 rect wire transfer instructions;

23 (B) shall constitute the permit holder’s ir24 revocable consent for all other restrictions that

25 this Act permanently requires with respect to
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1 the eligible vessel, and all such restrictions shall

2 immediately be in effect; and

3 (C) shall be accompanied by all commercial

4 fishing permits and licenses held by the permit

5 holder that are applicable to the eligible vessel.

6 (2) DELIVERY BY MAIL.—If the acceptance is

7 mailed, it must be mailed by certified mail return re8 ceipt requested. The Secretary shall consider the

9 date of acceptance to be the date on which it was

10 mailed.

11 (3) DELIVERY OTHER THAN BY MAIL.—If ac12 ceptance is delivered by any other means, the Sec13 retary shall consider the date of acceptance to be the

14 date on which the Secretary first received the ac15 ceptance. The Secretary’s determinations regarding

16 the timeliness of the acceptance shall be final.

17 (h) COMPENSATION PAYMENT.—No later than 225

18 days after the date of enactment of this Act, the Secretary

19 shall, in accordance with this section, pay compensation

20 in full to each permit holder whose acceptance of the Sec21 retary’s offer was timely.

22 (i) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated $25,000,000 for the

24 compensation payments authorized under this section.
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1 SEC. 7. RESTRICTIONS ON VESSELS.

2 (a) IN GENERAL.—

3 (1) REVOCATION OF FISHING PERMITS.—Ex4 cept as provided in paragraph (2), all commercial

5 fishing permits or licenses held by an eligible permit

6 holder accepting compensation under section 6 shall

7 be revoked upon receipt by the Secretary of the let8 ter of acceptance under section 6(g).

9 (2) CERTAIN TRANSFERS MAY BE ALLOWED.—

10 The Secretary may allow, under regulations issued

11 by this Secretary, a transfer of such a permit to an12 other entity if the Secretary determines that the per13 mit will not be used for pelagic longline fishing.

14 (3) GLOBAL DISQUALIFICATION OF VESSEL.—A

15 vessel that was authorized to engage in fishing

16 under a permit or license that is revoked under this

17 section shall never again be used by any person any18 where in the world (regardless of the national status

19 of such person) for commercial fishing.

20 (4) NOTICE.—The Secretary shall notify the

21 Secretary of Transportation of each revocation of a

22 vessel’s fishing permits and licenses under this Act.

23 The notice shall include any future restrictions on

24 the vessel required by this Act.

25 (b) INELIGIBILITY FOR FISHERIES ENDORSE26 MENT.—Section 12108(d) of title 46, United States Code,
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1 is amended by inserting ‘‘, or a vessel whose commercial

2 fishing permits and licenses have been surrendered or re3 voked, respectively, under section 5(c) or 7(a)(1) of the

4 Atlantic Highly Migratory Species Conservation Act of

5 2001,’’ before ‘‘is not eligible’’.

6 (c) TRANSFER TO FOREIGN OWNERSHIP OR REG7 ISTRY PROHIBITED.—

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

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

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

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

12 who is not a citizen of the United States, any

13 interest in or control of a vessel that was au14 thorized to be used to engage in fishing under

15 a permit or license revoked under this section;

16 or

17 (B) place such a vessel under foreign reg18 istry or operate that vessel under the authority

19 of a foreign country.

20 (2) VOID EFFECT.—Any sale, lease, charter, de21 livery, or transfer of a vessel, or interest in or con22 trol of a vessel, in violation of this subsection is void.

23 (d) PENALTIES.—

24 (1) CRIMINAL PENALTY.—Any person that

25 knowingly violates this section, or knowingly submits
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1 false documentation for the landing payment under

2 section 6, shall be fined under title 18, United

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

4 or both.

5 (2) FORFEITURE.—A vessel (including its fish6 ing gear, furniture, appurtenances, stores, and

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

8 States Government if—

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

10 registry or operated under the authority of a

11 foreign country in violation of this section;

12 (ii) a person knowingly sells, leases, char13 ters, delivers, or transfers the vessel, or an in14 terest in or control of that vessel, in violation

15 of this section;

16 (B) the vessel is used for commercial fish17 ing in violation of this section; or

18 (C) a permit holder submits false docu19 mentation for the landing payment under sec20 tion 6 with respect to landings made, or alleged

21 to have been made, using the vessel.

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

23 leases, charters, delivers, or transfers a vessel (or an

24 interest in or control of a vessel) in violation of this

25 section, uses a vessel for commercial fishing in viola-
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1 tion of this section, or submits false documentation

2 for the landing payment under section 6 is subject

3 to a civil penalty determined by the Secretary under

4 section 308 of the Magnuson-Stevens Act (16 U.S.C.

5 1858).

6 (e) VESSEL IDENTIFICATION SYSTEM.—The Sec7 retary of Transportation shall ensure that, for each vessel

8 that was authorized to be used to engage in fishing under

9 a permit or license that is revoked under this section, in10 formation is recorded and maintained in the vessel identi11 fication system established under chapter 125 of title 46,

12 United States Code, stating that—

13 (1) the vessel is prohibited under this Act from

14 engaging in commercial fishing anywhere in the

15 world;

16 (2) the vessel is not eligible for any commercial

17 fishing permit or license, regardless of whether the

18 permit or license is issued by the Federal Govern19 ment, or a State government or political subdivision

20 thereof; and

21 (3) use of the vessel in any commercial fishing

22 operation may result in Federal civil and criminal

23 penalties and forfeiture of the vessel and its cargo

24 and equipment.
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1 SEC. 8. RESTRICTIONS ON COMPENSATED ELIGIBLE PER2 MIT HOLDERS.

3 Any eligible permit holder who has been compensated

4 under section 6 is prohibited from reentering the Directed

5 Swordfish Limited Access Fishery or Atlantic Tuna

6 Longline Fishery.

7 SEC. 9. PROHIBITED ACT UNDER MAGNUSON-STEVENS ACT.

8 A person who violates this Act or any regulation

9 under this Act shall, in addition to any other penalties

10 provided in this Act or elsewhere, be considered to have

11 committed an act prohibited under section 307(1)(A) of

12 the Magnuson-Stevens Act (16 U.S.C. 1857(1)(A)).

13 SEC. 10. INFORMATION COLLECTION REVIEW NOT TO

14 APPLY.

15 Section 3507 of title 44, United States Code, does

16 not apply to the collection of information under this Act.

17 SEC. 11. HIGHLY MIGRATORY SPECIES BYCATCH MOR18 TALITY REDUCTION RESEARCH 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 Highly Migratory Species Bycatch and Mortality Reduc23 tion Research Program. The Program shall identify and

24 test a variety of pelagic longline fishing gear configura25 tions and uses, including recreational catch and release,

26 and determine which of those configurations and uses are
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1 the most effective in reducing highly migratory species

2 mortality and sea turtle mortality in the pelagic longline

3 fisheries in the exclusive economic zone of the United

4 States in the Atlantic Ocean. The program shall also in5 clude 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. To fund

8 the observers, the Secretary shall collect a fee that shall

9 not exceed 1 percent of the ex-vessel value of fish har10 vested from Atlantic and Gulf of Mexico pelagic longline

11 vessels, and shall be collected at either the time of the

12 landing, filing of a landing report, or sale of such fish dur13 ing a fishing season in the last quarter of the calendar

14 year in which the fish is harvested.

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

16 be developed through a scientific workshop organized and

17 convened by the Southeast Fisheries Science Center of the

18 National Marine Fisheries Service. Knowledgeable mem19 bers of the pelagic longline fishing sector, the recreational

20 billfish and tuna sector, and the conservation community,

21 along with scientists associated with each such entity,

22 shall be invited to participate on the workshop design

23 team. The Center shall make its best efforts to ensure that

24 each such sector is fairly represented on the design team.

25 The program design shall be submitted to the Secretary
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1 no later than 120 days after the date of enactment of this

2 Act and shall include a statistically significant rec3 ommendation for the level of observer coverage on pelagic

4 longline fishing vessels that is necessary to monitor the

5 fishery effectively and participate in the research program.

6 (c) MARLIN RESEARCH.—The Secretary shall place

7 emphasis on determining the gear configurations and uses

8 that are the most effective in reducing blue and white mar9 lin mortality in the exclusive economic zone of the United

10 States in the Atlantic Ocean.

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

12 after the third year of closure of the Gulf of Mexico Con13 servation Zone For Highly Migratory Species under sec14 tion 5(a), the Secretary shall submit a report on the Pro15 gram’s determinations to the Committee on Commerce,

16 Science, and Transportation of the Senate and the Com17 mittee on Resources of the House of Representatives. The

18 report shall include proposed statutory language for legis19 lation that may be appropriate prior to the expiration of

20 the closure of the Gulf of Mexico Conservation Zone For

21 Highly Migratory Species.

22 SEC. 12. REALLOCATION OF TOTAL ALLOWABLE CATCH.

23 The Secretary shall reallocate, to the United States

24 commercial swordfish hand gear fishing fleet, the portion

25 of total allowable catch of swordfish by the United States
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1 pelagic longline fishing fleet that was attributable to ves2 sels that were authorized to engage in fishing under per3 mits and licenses revoked under section 7. Such realloca4 tion shall be based on the data used to calculate landing

5 payments under section 6(e) for such vessels.

6 SEC. 13. MONITORING AND EVALUATION OF AREA CLO7 SURES.

8 (a) ANNUAL MONITORING AND EVALUATION.—The

9 Secretary shall closely monitor and evaluate, on an annual

10 basis, the effectiveness of the fishing area closures made

11 by section 5.

12 (b) RESPONSE ACTION.—As a result of the moni13 toring and evaluation, the Secretary shall take additional

14 action as necessary to minimize bycatch to meet the re15 quirements of the Magnuson-Stevens Act and all other ap16 plicable laws.

17 SEC. 14. VESSEL MONITORING DEVICE.

18 (a) IN GENERAL.—Beginning 225 days after the date

19 of the enactment of this Act, no person shall operate a

20 pelagic longline vessel in an Atlantic Ocean highly migra21 tory species fishery unless the vessel is equipped with a

22 vessel monitoring device approved by the Secretary.

23 (b) COSTS.—Any cost attributable to the initial pur24 chase and installation of vessel monitoring devices re25 quired by subsection (a) shall be paid for by the Secretary.
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1 The Secretary shall reimburse any person who provides

2 sufficient documentation that they previously purchased

3 such equipment in order to comply with the highly migra4 tory species fishery management plan final rule published

5 on May 28, 1999 (64 F.R. 29090).

6 (c) CIVIL PENALTY.—A person who operates a vessel

7 in violation of this section is subject to a civil penalty de8 termined by the Secretary under section 308 of the Mag9 nuson-Stevens Act (16 U.S.C. 1858).

10 (d) LIMITATION ON APPLICATION.—If the Secretary

11 publishes a finding that adequate amounts are not avail12 able to pay costs and reimbursement under subsection (b)

13 to place vessel monitoring devices on vessels, then sub14 section (a) does not apply. This subsection does not limit

15 or otherwise affect any requirement for vessel monitoring

16 devices on such vessels imposed under the authority of any

17 other law.

18 SEC. 15. EFFECTIVE DATE.

19 Sections 5 and 6 shall take effect on the date the

20 Secretary publishes a finding that sufficient funds are

21 available to carry out section 6 and section 11.

22 SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

23 (a) IN GENERAL.—There are authorized to be appro24 priated to the Secretary—
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1 (1) $250,000 per fiscal year for the cost of car2 rying out the compensation program under section

3 6;

4 (2) $2,400,000 for vessel monitoring devices

5 under section 14;

6 (3) $3,000,000 for research under section 11;

7 and

8 (4) such sums as may be necessary carry out all

9 other functions under the Act.

10 (b) SOUTHEAST FISHERIES SCIENCE CENTER.—In

11 addition to amounts authorized under subsection (a),

12 there are authorized to be appropriated to the Secretary

13 not more than $400,000 for the Southeast Fisheries

14 Science Center to conduct additional research on billfish

15 and swordfish.

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