In the Senate of the United States,

November 20, 2002.

Resolved, That the bill from the House of Representatives (H.R. 1989) entitled ‘‘An Act to reauthorize various

fishing conservation management programs, and for other

purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Fisheries Conservation

3 Act of 2002’’.
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1 TITLE I—INTERJURISDICTIONAL

2 FISHERIES ACT OF 1986

3 SEC. 101. REAUTHORIZATION OF INTERJURISDICTIONAL

4 FISHERIES ACT OF 1986.

5 Section 308 of the Interjurisdictional Fisheries Act of

6 1986 (16 U.S.C. 4107) is amended—

7 (1) by amending subsection (a) to read as fol8 lows:

9 ‘‘(a) GENERAL APPROPRIATIONS.—There are author10 ized to be appropriated to the Department of Commerce for

11 apportionment to carry out the purposes of this title—

12 ‘‘(1) $4,900,000 for fiscal year 2002;

13 ‘‘(2) $5,400,000 for each of fiscal years 2003 and

14 2004; and

15 ‘‘(3) $5,900,000 for each of fiscal years 2005 and

16 2006.’’; and

17 (2) in subsection (c) by striking ‘‘$700,000 for

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

19 years 1998, 1999, and 2000’’ and inserting ‘‘$800,000

20 for fiscal year 2002, $850,000 for each of fiscal years

21 2003 and 2004, and $900,000 for each of fiscal years

22 2005 and 2006’’.
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1 SEC. 102. PURPOSES OF THE INTERJURISDICTIONAL FISH2 ERIES ACT OF 1986.

3 Section 302 of the Interjurisdictional Fisheries Act of

4 1986 (16 U.S.C. 4101) is amended—

5 (1) by striking ‘‘and’’ after the semicolon at the

6 end of paragraph (1);

7 (2) by striking ‘‘range.’’ in paragraph (2) and

8 inserting ‘‘range; and’’; and

9 (3) adding at the end the following:

10 ‘‘(3) to promote and encourage research in prep11 aration for the implementation of the use of eco12 systems and interspecies approaches to the conserva13 tion and management of interjurisdictional fishery

14 resources throughout their range.’’.

15 TITLE II—ANADROMOUS FISH

16 CONSERVATION ACT

17 SEC. 201. REAUTHORIZATION OF ANADROMOUS FISH CON18 SERVATION ACT.

19 Section 4 of the Anadromous Fish Conservation Act

20 (16 U.S.C. 757d) is amended to read as follows:

21 ‘‘AUTHORIZATION OF APPROPRIATIONS

22 ‘‘SEC. 4. (a)(1) There are authorized to be appro23 priated to carry out the purposes of this Act not to exceed

24 the following sums:

25 ‘‘(A) $4,500,000 for fiscal year 2002;
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1 ‘‘(B) $4,750,000 for each of fiscal years 2003 and

2 2004; and

3 ‘‘(C) $5,000,000 for each of fiscal years 2005 and

4 2006.

5 ‘‘(2) Sums appropriated under this subsection are au6 thorized to remain available until expended.

7 ‘‘(b) Not more than $625,000 of the funds appropriated

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

9 in any one State.’’.

10 SEC. 202. RESEARCH ON AND USE OF ECOSYSTEMS AND

11 INTERSPECIES APPROACHES TO THE CON12 SERVATION AND MANAGEMENT.

13 The first section of the Anadromous Fish Conservation

14 Act (16 U.S.C. 757a) is amended in subsection (b) by in15 serting ‘‘(1)’’ after ‘‘(b)’’, and by adding at the end the fol16 lowing:

17 ‘‘(2) In carrying out responsibilities under this section,

18 the Secretary shall conduct, promote, and encourage re19 search in preparation for the implementation of the use of

20 ecosystems and interspecies approaches to the conservation

21 and management of anadromous and Great Lakes fishery

22 resources.’’.
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1 TITLE III—ATLANTIC TUNAS

2 CONVENTION ACT OF 1975

3 SEC. 301. REAUTHORIZATION OF THE ATLANTIC TUNAS

4 CONVENTION ACT OF 1975.

5 Section 10 of the Atlantic Tunas Convention Act of

6 1975 (16 U.S.C. 971h) is amended to read as follows:

7 ‘‘AUTHORIZATION OF APPROPRIATIONS

8 ‘‘SEC. 10. (a) IN GENERAL.—There are authorized to

9 be appropriated to carry out this Act, including use for

10 payment of the United States share of the joint expenses

11 of the Commission as provided in Article X of the Conven12 tion, the following sums:

13 ‘‘(1) For each of fiscal years 2002, 2003, and

14 2004, $5,480,000.

15 ‘‘(2) For each of fiscal years 2005 and 2006,

16 $5,495,000.

17 ‘‘(b) ALLOCATION.—Of amounts available under this

18 section for each fiscal year—

19 ‘‘(1) $150,000 are authorized for the advisory

20 committee established under section 4 and the species

21 working groups established under section 4A; and

22 ‘‘(2) $4,240,000 are authorized for research ac23 tivities under this Act and the Act of September 4,

24 1980 (16 U.S.C. 971i).’’.
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1 TITLE IV—NORTHWEST ATLAN2 TIC FISHERIES CONVENTION

3 ACT OF 1995

4 SEC. 401. REAUTHORIZATION OF THE NORTHWEST ATLAN5 TIC FISHERIES CONVENTION ACT OF 1995.

6 Section 211 of the Northwest Atlantic Fisheries Con7 vention Act of 1995 (16 U.S.C. 5610) is amended by strik8 ing ‘‘2001’’ and inserting ‘‘2006’’.

9 TITLE V—EXTENSION OF DEAD10 LINE FOR SUBMISSION OF

11 OCEAN POLICY REPORT

12 SEC. 501. EXTENSION OF DEADLINE.

13 (a) EXTENSION OF DEADLINE.—The Oceans Act of

14 2000 (Public Law 106–256) is amended—

15 (1) in section 3(i) (114 Stat. 648) by striking

16 ‘‘30 days’’ and inserting ‘‘90 days’’; and

17 (2) in section 4(a) (114 Stat. 648; 33 U.S.C.

18 857–19 note) by striking ‘‘120 days’’ and inserting

19 ‘‘90 days’’.

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

21 3(j) of such Act (114 Stat. 648) is amended by striking

22 ‘‘$6,000,000’’ and inserting ‘‘$8,500,000’’.

23 (c) TECHNICAL CORRECTIONS.—Section 3(e) of such

24 Act (114 Stat. 646) is amended—
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1 (1) by striking ‘‘it:’’ in paragraph (1) and in2 serting ‘‘it.’’;

3 (2) by inserting immediately after such period

4 the following:

5 ‘‘(2) NOTICE; MINUTES; PUBLIC AVAILABILITY OF

6 DOCUMENTS.—’’; and

7 (3) by redesignating paragraphs (2) and (3) as

8 paragraphs (3) and (4), respectively.

9 TITLE VI—MISCELLANEOUS

10 FISHERIES PROVISIONS

11 SEC. 601. REPORT ON OVERCAPACITY.

12 (a) IN GENERAL.—The Secretary of Commerce shall,

13 within 12 months after the date of enactment of this Act,

14 and triennially thereafter, submit to the Congress a

15 report—

16 (1) identifying and describing the 20 fisheries in

17 United States waters with the most severe examples of

18 excess harvesting capacity in the fisheries, based on

19 value of each fishery and the amount of excess har20 vesting capacity as determined by the Secretary;

21 (2) in any such fisheries subject to a rebuilding

22 program, identifying and describing the current ca23 pacity relative to the capacity that can be supported

24 by the fishery once the fishery is rebuilt;
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1 (3) recommending measures for reducing excess

2 harvesting capacity, including the retirement of any

3 latent fishing permits that could contribute to further

4 excess harvesting capacity in those fisheries; and

5 (4) identifying potential sources of funding for

6 such measures.

7 (b) BASIS FOR RECOMMENDATIONS.—The Secretary

8 shall base the recommendations under subsection (a)(3)

9 made with respect to a fishery on—

10 (1) the most cost-effective means of achieving vol11 untary reduction in capacity for the fishery using the

12 potential for industry financing; and

13 (2) including measures to prevent the capacity

14 that is being removed from the fishery from moving

15 to other fisheries in the United States, in the waters

16 of a foreign nation, or on the high seas.

17 SEC. 602. WEST COAST GROUNDFISH FISHERY CAPACITY

18 REDUCTION.

19 (a) IN GENERAL.—

20 (1) PURPOSE OF SECTION.—The purpose of this

21 section is to establish a fishing capacity reduction

22 program for the West Coast groundfish fishery pursu23 ant to section 212 of the 2002 Supplemental Appro24 priations Act for Further Recovery from and Re25 sponse to Terrorist Attacks on the United States, and
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1 subsections (b) through (e) of section 312 of the Mag2 nuson-Stevens Act (16 U.S.C. 1861a(b) through (e)).

3 (2) PROGRAM IMPLEMENTATION.—Within 90

4 days after the date of enactment of this Act, the Sec5 retary shall implement the program by publishing a

6 public notice in the Federal Register and issuing an

7 invitation to bid for reduction payments that specifies

8 the contractual terms and conditions under which

9 bids shall be made and accepted under this section.

10 (3) APPLICATION OF MAGNUSON-STEVENS ACT;

11 REGULATIONS.—Section 312 of the Magnuson-Stevens

12 Act (16 U.S.C. 1861a), and subpart L of part 600 of

13 title 50, Code of Federal Regulations, shall apply to

14 the program implemented under this section only to

15 the extent that—

16 (A) that section and that subpart are not

17 inconsistent with any specific provision of this

18 section; or

19 (B) made inapplicable to the program

20 under paragraph (3) of this section.

21 (4) INAPPLICABLE REGULATIONS.—Sections

22 600.1001, 600.1002, 600.1003, 600.1005, 600.1010(b),

23 600.1010(d)(1), 600.1011(d), the last sentence of sec24 tion 600.1011(a), and the last sentence of section

25 600.1014(f) of title 50, Code of Federal Regulations,
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1 shall not apply to the program implemented under

2 this section.

3 (5) PROGRAM DEEMED ACCEPTED.—The pro4 gram implemented under this section is deemed to be

5 accepted under section 600.1004 of title 50, Code of

6 Federal Regulations.

7 (b) ELIGIBILITY.—

8 (1) IN GENERAL.—A reduction fishery is eligible

9 for capacity reduction under the program imple10 mented under this section.

11 (2) WHITING CATCHER-PROCESSOR EXCEP12 TION.—Notwithstanding paragraph (1), no vessel har13 vesting and processing whiting in the catcher-proc14 essors sector (as defined in section 660.323(a)(4)(A) of

15 title 50, Code of Federal Regulations) may partici16 pate in any capacity reduction referendum or indus17 try fee established under this section.

18 (c) APPLICATION OF SECTION 312 OF MAGNUSON-STE19 VENS ACT.—Subsections (b) through (e) of section 312 of

20 the Magnuson-Stevens Act (16 U.S.C. 1861a) shall apply

21 to the program implemented under this section, except that:

22 (1) The program may apply to multiple fish23 eries, as appropriate.
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1 (2) A referendum on the industry fee system

2 shall occur after bids have been submitted, and such

3 bids have been accepted by the Secretary, as follows:

4 (A) The members of the reduction fishery,

5 and persons who have been issued WA, OR, or

6 CA Dungeness Crab and Pink Shrimp permits,

7 shall be eligible to vote in the referendum to ap8 prove an industry fee system.

9 (B) Referendum votes cast in each fishery

10 shall be weighted in proportion to the debt obli11 gation of each fishery, as calculated in subsection

12 (f) of this section.

13 (C) The industry fee system shall be ap14 proved if the referendum votes cast in favor of

15 the proposed system constitute a simple majority

16 of the participants voting.

17 (3) Notwithstanding section 553 of title 5,

18 United States Code, and section 312(e) of the Magnu19 son-Stevens Act (16 U.S.C. 1861a(e)), the Secretary

20 shall not prepare or publish proposed or final regula21 tions for the implementation of the program under

22 this section before the referendum is conducted.

23 (d) NO INTERFERENCE WITH OTHER PROPOSED PRO24 GRAM CHANGES OR SUBSEQUENT REGULATIONS.—Nothing

25 in this section shall be construed to prohibit—
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1 (1) the Pacific Fishery Management Council

2 from recommending, or the Secretary from approving,

3 changes to any fishery management plan, in accord4 ance with applicable law; or

5 (2) the Secretary from promulgating regulations

6 (including regulations governing this program), after

7 an industry fee system has been approved by the re8 duction fishery.

9 (e) BIDS AND BID ACCEPTANCE.—

10 (1) IN GENERAL.—The Secretary shall deter11 mine, and state in the public notice published under

12 subsection (a)(2) of this section, all program imple13 mentation aspects the Secretary deems relevant.

14 (2) BIDS ARE IRREVOCABLE.—Any bid sub15 mitted in response to the invitation to bid issued by

16 the Secretary under this section shall be irrevocable.

17 (3) BID ACCEPTANCE PROCEDURE.—The Sec18 retary shall use a bid acceptance procedure that ranks

19 each bid in accordance with this paragraph and with

20 additional criteria, if any, established by the Sec21 retary.

22 (A) BID SCORE.—For each bid from a

23 qualified bidder that meets the bidding require24 ments in the public notice or the invitation to

25 bid, the Secretary shall determine a bid score by
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1 dividing the bid’s dollar amount by the average

2 annual total ex-vessel dollar value of landings of

3 Pacific groundfish, Dungeness crab, and Pink

4 shrimp based on the 3 highest total annual reve5 nues earned from Pacific groundfish, Dungeness

6 crab, and Pink Shrimp that the bidder’s reduc7 tion vessel landed during 1998, 1999, 2000, or

8 2001. For purposes of this subparagraph, the

9 term ‘‘total annual revenue’’ means the revenue

10 earned in a single year from the Pacific ground11 fish, Dungeness crab, and Pink shrimp fisheries.

12 (B) BID RANKING AND ACCEPTANCE.—The

13 Secretary shall accept each qualified bid in rank

14 order of bid score from the lowest to the highest

15 until acceptance of the next qualified bid with

16 the next lowest bid score would cause the reduc17 tion cost to exceed the reduction loan’s maximum

18 amount.

19 (4) ACCEPTANCE CREATES CONTRACT.—Accept20 ance of a bid by the Secretary shall create a binding

21 reduction contract between the United States and the

22 person whose bid is accepted, the performance of

23 which shall be subject only to the conclusion of a suc24 cessful referendum.
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1 (5) RELINQUISHMENT AND REVOCATION OF PER2 MITS.—A person whose bid is accepted by the Sec3 retary under this section shall relinquish all permits

4 in the reduction fishery and any Dungeness crab and

5 Pink shrimp permits issued by Washington, Oregon,

6 or California. The Secretary shall revoke the Pacific

7 groundfish permit, as well as all Federal fishery li8 censes, fishery permits, area, and species endorse9 ments, and any other fishery privileges issued to a

10 vessel or vessels (or to persons on the basis of their op11 eration or ownership of that vessel or vessels) removed

12 under the program.

13 (f) PROGRAM INDUSTRY FEE SYSTEM ALLOCATION.—

14 (1) IN GENERAL.—The Secretary shall establish

15 separate reduction loan sub-amounts and repayment

16 fees for fish sellers in the reduction fishery and for

17 fish sellers in each of the fee-share fisheries by—

18 (A) dividing the total ex-vessel dollar value

19 during the bid scoring period of all reduction

20 vessel landings from the reduction fishery and

21 from each of the fee-share fisheries by the total

22 such value of all such landings for all such fish23 eries; and
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1 (B) multiplying the reduction loan amount

2 by each of the quotients resulting from each of

3 the divisions above.

4 (2) REDUCTION LOAN SUB-AMOUNT.—Each of the

5 resulting products shall be the reduction loan sub6 amount for the reduction fishery and for each of the

7 fee-share fisheries to which each of such products per8 tains.

9 (3) SELLER PAYMENTS.—Each fish seller in the

10 reduction fishery and in each of the fee-share fisheries

11 shall pay the fees required by the reduction loan sub12 amounts allocated to it under this subsection.

13 (4) STATE COLLECTION AGREEMENTS.—The Sec14 retary may enter into agreements with the States of

15 Washington, Oregon, and California to collect any

16 fees established under this section.

17 (g) LOAN TERM.—Notwithstanding section 1111(b) of

18 the Merchant Marine Act, 1936 (46 U.S.C. App.

19 1279(b)(4)), the reduction loan’s term shall not be less than

20 30 years.

21 (h) SENSE OF THE CONGRESS REGARDING ADDI22 TIONAL POST-REDUCTION PROGRAM ACTIONS.—It is the

23 sense of the Congress that the States of Washington, Oregon,

24 and California should revoke all relinquishment permits in

25 each of the fee-share fisheries immediately after reduction
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1 payment, and otherwise to implement appropriate State

2 fisheries management and conservation provisions in each

3 of the fee-share fisheries that establishes a program that

4 meets the requirements of section 312(b)(1)(B) of the Mag5 nuson-Stevens Act (16 U.S.C. 1861a(b)(1)(B)) as if it were

6 applicable to fee-share fisheries.

7 (i) DEFINITIONS.—In this section:

8 (1) FEE-SHARE FISHERY.—The term ‘‘fee-share

9 fishery’’ means a fishery, other than the reduction

10 fishery, whose members are eligible to vote in a ref11 erendum for an industry fee system under subsection

12 (c)(2).

13 (2) REDUCTION FISHERY.—The term ‘‘reduction

14 fishery’’ means that portion of a fishery holding lim15 ited entry fishing permits endorsed for the operation

16 of trawl gear and issued under the Federal Pacific

17 Coast Groundfish Fishery Management Plan.

18 (3) MAGNUSON-STEVENS ACT.—The term ‘‘Mag19 nuson-Stevens Act’’ means the Magnuson-Stevens

20 Fishery Conservation and Management Act (16

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

22 (4) SECRETARY.—The term ‘‘Secretary’’ means

23 the Secretary of Commerce.
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1 SEC. 603. NEW ENGLAND GROUNDFISH CAPACITY REDUC2 TION PLANNING.

3 The Secretary of Commerce, in consultation with the

4 New England Regional Fishery Management Council, shall

5 provide technical, planning, and other assistance requested

6 by Northeast multispecies fishery participants, affected

7 States and fishing communities, or other interested parties

8 for the development of an industry-funded capacity reduc9 tion plan for the fishery (such as that authorized by section

10 211 of the 2002 Supplemental Appropriations Act for Fur11 ther Recovery from and Response to Terrorist Attacks on

12 the United States), including planning for fishing commu13 nity transition to sustainable fisheries. The Secretary may

14 provide technical and other assistance under the Magnuson15 Stevens Fishery Conservation and Management Act (16

16 U.S.C. 1801 et seq.), the Coastal Zone Management Act of

17 1972 (16 U.S.C. 1451 et seq.), the National Sea Grant Col18 lege Program Act (33 U.S.C. 1121 et seq.), or other applica19 ble law implemented by the Secretary, and may include—

20 (1) quantification of overcapacity in the rebuilt

21 fishery;

22 (2) development of geographic and spatial infor23 mation and analyses for planning and projections;

24 (3) provision of socio-economic or fishery data;

25 (4) analyses of socio-economic effects of capacity

26 reduction options;
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1 (5) public workshop planning and support or

2 other mechanisms for public input;

3 (6) small business financial planning and ad4 vice; and

5 (7) identification of Federal assistance programs.

6 SEC. 604. CLARIFICATION OF FLEXIBILITY.

7 (a) IN GENERAL.—The Secretary of Commerce has the

8 discretion under the Magnuson-Stevens Fishery Conserva9 tion and Management Act (16 U.S.C. 1851 et seq.) to extend

10 the time for rebuilding an overfished stock beyond the time

11 previously established by the Secretary in a fishery manage12 ment plan in order to meet substantially increased biomass

13 rebuilding targets subsequently established for the fishery by

14 the Secretary based on the best scientific information avail15 able, if—

16 (1) the extension will apply only to those stocks

17 for which the new biomass targets substantially exceed

18 the targets previously established by 100 percent or

19 more;

20 (2) the biomass rebuilding target previously ap21 plicable to such stock will be met or exceeded within

22 the time for rebuilding previously established by the

23 Secretary;

24 (3) the extension period is based on the biology

25 of the stock, the rate of rebuilding, and the increase
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1 in the biomass rebuilding target, and is as short as

2 possible;

3 (4) monitoring will ensure rebuilding continues;

4 (5) the extension meets the requirements of sec5 tion 301(a)(1) of that Act (16 U.S.C. 1851(a)(1));

6 and

7 (6) the best scientific information available

8 shows that the extension will allow continued rebuild9 ing.

10 (b) AUTHORITY.—Nothing in this section shall be con11 strued to amend the Magnuson-Stevens Fishery Conserva12 tion and Management Act (16 U.S.C. 1851 et seq.) or to

13 limit or otherwise alter the authority of the Secretary under

14 that Act.

15 SEC. 605. REVIEW OF DATA COLLECTION AND ASSESSMENT

16 METHODS.

17 The Secretary of Commerce shall, commencing 60 days

18 after the date of enactment of this Act and annually every

19 7 years thereafter, conduct an independent peer review of

20 fishery management methods under this title, including

21 evaluation and recommendations for—

22 (1) survey sampling methods and protocols (in23 cluding inspection, calibration, and maintenance of

24 sampling gear) used in the collection of fishery and

25 fishery-independent data by or for the agency;
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1 (2) stock assessment procedures (including meth2 ods for detecting and treating measurement error);

3 (3) risk assessment and management strategies;

4 (4) data collection quality control and validation

5 methods; and

6 (5) an evaluation of the need to develop new as7 sessment, survey, and collection techniques designed to

8 accommodate incomplete or variable data or to evalu9 ate or forecast effects of environmental fluctuations on

10 fisheries.

11 SEC. 606. COOPERATIVE ENFORCEMENT AGREEMENTS.

12 (a) IN GENERAL.—The Governor of a State (as defined

13 in section 3(35) of the Magnuson-Stevens Fishery Conserva14 tion and Management Act (16 U.S.C. 1802(35)) may apply

15 to the Secretary of Commerce for execution of a cooperative

16 enforcement agreement with the Secretary that will author17 ize the deputization of State law enforcement officers with

18 marine law enforcement responsibilities to perform duties

19 of the Secretary relating to law enforcement provisions

20 under this title or any other marine resource laws enforced

21 by the Secretary. Upon receiving an application meeting

22 the requirements of this section, the Secretary shall enter

23 into a joint enforcement agreement with the requesting

24 State.
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1 (b) REQUIREMENTS.—Joint enforcement agreements

2 executed under subsection (a)—

3 (1) shall be consistent with the purposes and in4 tent of section 311(a) of the Magnuson-Stevens Fish5 ery Conservation and Management Act (16 U.S.C.

6 1861(a)), to the extent applicable to the regulated ac7 tivities; and

8 (2) may include specifications for joint manage9 ment responsibilities as provided by the first section

10 of Public Law 91-412 (15 U.S.C. 1525).

11 (c) ALLOCATION OF FUNDS.—The Secretary shall in12 clude in each cooperative enforcement agreement an alloca13 tion of funds to assist in management of the agreement. The

14 allocation shall be equitably distributed among all States

15 participating in cooperative enforcement agreements under

16 this subsection, based upon consideration of the specific ma17 rine conservation enforcement needs of each participating

18 State. Such agreement may provide for amounts to be with19 held by the Secretary for the cost of any technical or other

20 assistance provided to the State by the Secretary under the

21 agreement.

22 SEC. 607. FISHERIES OUTREACH AND TRAINING.

23 The Secretary of Commerce shall establish a regional

24 fisheries outreach program within the National Marine

25 Fisheries Service to foster understanding and practical use
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1 of knowledge and technical expertise relevant to living ma2 rine resources. In establishing the program, the Secretary

3 shall, in cooperation with the National Sea Grant College

4 Program and the Regional Fishery Management Councils

5 established under title III of the Magnuson-Stevens Fishery

6 Conservation and Management Act (16 U.S.C. 1851 et seq.),

7 develop a comprehensive effort to improve communication,

8 education, and outreach to fishing communities, the fishing

9 industry, the conservation community and interested mem10 bers of the public at the regional, State, and local levels.

11 The program shall —

12 (1) establish a program of demonstrations, work13 shops, townhall and industry and other non-scientific

14 meetings for public understanding of National Marine

15 Fisheries Service research, technology, or other infor16 mation relating the conservation and management of

17 fishery and other living marine resources;

18 (2) establish outreach programs and procedures

19 designed to improve the transparency and accessi20 bility of fishery stock assessments to the public, in21 cluding dissemination of explanatory materials

22 through the Internet;

23 (3) provide periodic training of members, staff,

24 and advisory committee members of the Regional

25 Fishery Management Councils established under that
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1 title, on implementation of the National Standards

2 established under title III of the Magnuson Stevens

3 Fisheries Conservation and Management Act (16

4 U.S.C. 1851 et seq.), the requirements of National En5 vironmental Policy Act and chapter 6 of title 5,

6 United States Code, and any other law applicable to

7 the development of fishery management plans;

8 (4) identify, with the fishing industry, methods

9 of improving collection, quality, and reporting of fish10 ery dependent data;

11 (5) study the response of the regulated industry

12 to fishery management regulations and develop man13 agement approaches that consider such behavior;

14 (6) foster communications and technology-trans15 fer programs among regions to improve fish conserva16 tion and management;

17 (7) establish means of communicating informa18 tion to the general public in an accessible and under19 standable form (including web-based communica20 tions); and

21 (8) develop partnerships with other agencies,

22 academic institutions, and other entities to meet the

23 purposes of this section.
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1 SEC. 608. COOPERATIVE RESEARCH AND MANAGEMENT

2 PROGRAM.

3 (a) IN GENERAL.—The Secretary of Commerce, in con4 sultation with the Regional Fishery Management Councils

5 established under title III of the Magnuson-Stevens Fishery

6 Conservation and Management Act (16 U.S.C. 1851 et seq.),

7 shall establish a national cooperative research and manage8 ment program to address needs identified under the Magnu9 son Stevens Fisheries Conservation and Management Act

10 and under any other marine resource laws enforced by the

11 Secretary. The program shall make funds available for co12 operative research and management activities that are de13 veloped through partnerships among Federal and State

14 managers and scientists, fishing industry participants, and

15 educational institutions.

16 (b) ELIGIBLE PROJECTS.—The Secretary shall make

17 funds available under the program for the support of

18 projects to address critical needs identified by the Secretary

19 in consultation with the Regional Fisheries Management

20 Councils established under such title, that pertain to the

21 collection and analysis of data and information on living

22 marine resources, including data on landings, fishing effort,

23 life history parameters, biology, habitat, economics and so24 cial sciences, including those information needs identified

25 pursuant to section 401 of that Act (16 U.S.C. 1881) or

26 the development of measures to promote innovative or coop-
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1 erative management of fisheries, including development of

2 innovative gear, methods, and technology. Such program

3 shall promote and encourage efforts to mine and recover

4 useful sources of data maintained by other Federal agencies,

5 State agencies, or academia for use in such projects. In

6 making funds available the Secretary shall give priority to

7 the following projects:

8 (1) Projects to collect data to improve, supple9 ment, or enhance stock assessments, including through

10 the use of fishing vessels or acoustic or other innova11 tive marine technology.

12 (2) Projects to improve calibration and accuracy

13 of data collection gear and methods.

14 (3) Conservation engineering projects designed to

15 reduce bycatch, minimize mortality of bycatch, or

16 minimize fishery impacts on essential fish habitat.

17 (4) Projects to assess the amount and type of by18 catch occurring in a fishery.

19 (5) Projects for the identification, conservation,

20 or restoration of habitat areas of particular concern.

21 (6) Projects designed to identify ecosystem effects

22 of fishing, to monitor marine ecosystem trends and

23 dynamics, or to link climate forecasts to stock assess24 ments or otherwise explore ecosystem-based ap25 proaches to governance.
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1 (7) Projects designed to collect and compile eco2 nomic and social data, including data to evaluate the

3 long-term impact of conservation and management

4 measures on fishing communities and data to evalu5 ate economic motivation of harvesters.

6 (c) SELECTION OF PROJECTS.—Each research project

7 shall be awarded by the Secretary on a competitive basis

8 under procedures established by the Secretary in consulta9 tion with the Regional Fisheries Management Councils es10 tablished under title III of the Magnuson-Stevens Fishery

11 Conservation and Management Act (16 U.S.C. 1851 et seq.).

12 To the extent practicable, the projects selected should collec13 tively conform to a coherent program of research leading

14 to solving priority programs. Each Regional Fisheries Man15 agement Council established under that title shall establish

16 a research steering committee to carry out this section.

17 (d) EXPERIMENTAL PERMITTING PROCESS.—The Sec18 retary, in consultation with the Regional Fisheries Manage19 ment Councils established under title III of that Act shall

20 establish an expedited permitting process for projects ap21 proved under this section.

22 (e) GUIDELINES.—The Secretary, in consultation with

23 the appropriate Regional Fisheries Management Council es24 tablished under title III of that Act, shall establish guide25 lines to ensure that participation in a research project
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1 funded under this section does not result in loss of a partici2 pant’s catch history or unexpended days-at-sea as part of

3 a limited entry system.

4 SEC. 609. COOPERATIVE MARINE EDUCATION AND RE5 SEARCH.

6 For the purpose of developing adequate, coordinated,

7 cooperative research and training programs for living ma8 rine resources, the Secretary of Commerce may establish a

9 Cooperative Marine Education and Research Program.

10 Under this program the Secretary is authorized to enter

11 into cooperative agreements with universities and institu12 tions of higher learning in order to conduct basic research

13 in areas that support conservation and management of liv14 ing marine resources. Research conducted under this pro15 gram may include conservation engineering, research and

16 development (including development of fishing gear and

17 methods to reduce bycatch and habitat impacts) and bio18 logical research concerning the abundance and life history

19 parameters of stocks of fish, the interdependence of fisheries

20 or stocks of fish and other ecosystem components, and the

21 linkages between fish habitat and fish production or abun22 dance.
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1 SEC. 610. GULF OF MEXICO FISHING QUOTA SYSTEMS.

2 Section 407 of the Magnuson-Stevens Fishery Con3 servation and Management Act (16 U.S.C. 1883) is

4 amended—

5 (1) in subsection (c) by inserting at the end the

6 following:

7 ‘‘(3) The initial referendum described in para8 graph (1) shall be used to determine support for

9 whether the sale, transfer, or lease of quota shares

10 shall be allowed.’’.

11 (2) by inserting at the end the following:

12 ‘‘(e) In order to facilitate balanced and fair apportion13 ment of fishing interests, a Governor of a State submitting

14 names of individuals for appointment by the Secretary of

15 Commerce to the Gulf of Mexico Fisheries Management

16 Council under section 302(b)(2) of this Act during Fiscal

17 Years 2003-2004 shall include at least one nominee each

18 from the commercial fishing sector and the recreational fish19 ing sector (including the for-hire fishing sector). If the Sec20 retary determines that a submission from such a Governor

21 does not meet the requirements of subsection (a), the Sec22 retary shall23 ‘‘(1) for an at-large seat, select a nominee from

24 a list submitted by a State that complies with this

25 subsection; and
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1 ‘‘(2) for a seat assigned to that State, select no

2 nominee for that seat until the Governor complies

3 with this subsection.’’.

4 SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated to carry out

6 the provisions of this title—

7 (1) for science review and outreach—

8 (A) $10,000,000 for fiscal year 2003;

9 (B) $11,000,000 for fiscal year 2004;

10 (C) $12,000,000 for fiscal year 2005;

11 (D) $13,000,000 for fiscal year 2006; and

12 (E) $14,000,000 for fiscal year 2007;

13 (2) for cooperative enforcement—

14 (A) $27,000,000 for fiscal year 2003;

15 (B) $29,000,000 for fiscal year 2004;

16 (C) $31,000,000 for fiscal year 2005;

17 (D) $33,000,000 for fiscal year 2006; and

18 (E) $35,000,000 for fiscal year 2007; and

19 (3) for cooperative research—

20 (A) $30,000,000 for fiscal year 2003;

21 (B) $35,000,000 for fiscal year 2004;

22 (C) $40,000,000 for fiscal year 2005;

23 (D) $45,000,000 for fiscal year 2006; and

24 (E) $50,000,000 for fiscal year 2007.
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1 TITLE VII—MISCELLANEOUS

2 SEC. 701. CHESAPEAKE BAY OFFICE.

3 (a) REAUTHORIZATION OF OFFICE.—Section 307 of

4 the National Oceanic and Atmospheric Administration Au5 thorization Act of 1992 (15 U.S.C. 1511d) is amended to

6 read as follows:

7 ‘‘SEC. 307. CHESAPEAKE BAY OFFICE.

8 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of Com9 merce shall establish, within the National Oceanic and At10 mospheric Administration, an office to be known as the

11 Chesapeake Bay Office (in this section referred to as the

12 ‘Office’).

13 ‘‘(2) The Office shall be headed by a Director who shall

14 be appointed by the Secretary of Commerce, in consultation

15 with the Chesapeake Executive Council. Any individual ap16 pointed as Director shall have knowledge and experience in

17 research or resource management efforts in the Chesapeake

18 Bay.

19 ‘‘(3) The Director may appoint such additional per20 sonnel for the Office as the Director determines necessary

21 to carry out this section.

22 ‘‘(b) FUNCTIONS.—The Office, in consultation with the

23 Chesapeake Executive Council, shall—
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1 ‘‘(1) provide technical assistance to the Adminis2 trator, to other Federal departments and agencies,

3 and to State and local government agencies in—

4 ‘‘(A) assessing the processes that shape the

5 Chesapeake Bay system and affect its living re6 sources;

7 ‘‘(B) identifying technical and management

8 alternatives for the restoration and protection of

9 living resources and the habitats they depend

10 upon; and

11 ‘‘(C) monitoring the implementation and ef12 fectiveness of management plans;

13 ‘‘(2) develop and implement a strategy for the

14 National Oceanic and Atmospheric Administration

15 that integrates the science, research, monitoring, data

16 collection, regulatory, and management responsibil17 ities of the Secretary of Commerce in such a manner

18 as to assist the cooperative, intergovernmental Chesa19 peake Bay Program to meet the commitments of the

20 Chesapeake Bay Agreement;

21 ‘‘(3) coordinate the programs and activities of

22 the various organizations within the National Oce23 anic and Atmospheric Administration, the Chesa24 peake Bay Regional Sea Grant Programs, and the
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1 Chesapeake Bay units of the National Estuarine Re2 search Reserve System, including—

3 ‘‘(A) programs and activities in—

4 ‘‘(i) coastal and estuarine research,

5 monitoring, and assessment;

6 ‘‘(ii) fisheries research and stock assess7 ments;

8 ‘‘(iii) data management;

9 ‘‘(iv) remote sensing;

10 ‘‘(v) coastal management;

11 ‘‘(vi) habitat conservation and restora12 tion; and

13 ‘‘(vii) atmospheric deposition; and

14 ‘‘(B) programs and activities of the Cooper15 ative Oxford Laboratory of the National Ocean

16 Service with respect to—

17 ‘‘(i) nonindigenous species;

18 ‘‘(ii) estuarine and marine species pa19 thology;

20 ‘‘(iii) human pathogens in estuarine

21 and marine environments; and

22 ‘‘(iv) ecosystem health;

23 ‘‘(4) coordinate the activities of the National

24 Oceanic and Atmospheric Administration with the
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1 activities of the Environmental Protection Agency

2 and other Federal, State, and local agencies;

3 ‘‘(5) establish an effective mechanism which shall

4 ensure that projects have undergone appropriate peer

5 review and provide other appropriate means to deter6 mine that projects have acceptable scientific and tech7 nical merit for the purpose of achieving maximum

8 utilization of available funds and resources to benefit

9 the Chesapeake Bay area;

10 ‘‘(6) remain cognizant of ongoing research, mon11 itoring, and management projects and assist in the

12 dissemination of the results and findings of those

13 projects; and

14 ‘‘(7) submit a biennial report to the Congress

15 and the Secretary of Commerce with respect to the ac16 tivities of the Office and on the progress made in pro17 tecting and restoring the living resources and habitat

18 of the Chesapeake Bay, which report shall include an

19 action plan consisting of—

20 ‘‘(A) a list of recommended research, moni21 toring, and data collection activities necessary to

22 continue implementation of the strategy de23 scribed in paragraph (2); and

24 ‘‘(B) proposals for—
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1 ‘‘(i) continuing any new National Oce2 anic and Atmospheric Administration ac3 tivities in the Chesapeake Bay; and

4 ‘‘(ii) the integration of those activities

5 with the activities of the partners in the

6 Chesapeake Bay Program to meet the com7 mitments of the Chesapeake 2000 agreement

8 and subsequent agreements.

9 ‘‘(c) CHESAPEAKE BAY FISHERY AND HABITAT RES10 TORATION SMALL WATERSHED GRANTS PROGRAM.—

11 ‘‘(1) IN GENERAL.—The Director of the Chesa12 peake Bay Office of the National Oceanic and Atmos13 pheric Administration (in this section referred to as

14 the ‘Director’), in cooperation with the Chesapeake

15 Executive Council, shall carry out a community-based

16 fishery and habitat restoration small grants and tech17 nical assistance program in the Chesapeake Bay wa18 tershed.

19 ‘‘(2) PROJECTS.—

20 ‘‘(A) SUPPORT.—The Director shall make

21 grants under this subsection to pay the Federal

22 share of the cost of projects that are carried out

23 by entities eligible under paragraph (3) for the

24 restoration of fisheries and habitats in the Chesa25 peake Bay.
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1 ‘‘(B) FEDERAL SHARE.—The Federal share

2 under subparagraph (A) shall not exceed 75 per3 cent.

4 ‘‘(C) TYPES OF PROJECTS.—Projects for

5 which grants may be made under this subsection

6 include—

7 ‘‘(i) the improvement of fish passage8 ways;

9 ‘‘(ii) the creation of natural or artifi10 cial reefs or substrata for habitats;

11 ‘‘(iii) the restoration of wetland or sea

12 grass;

13 ‘‘(iv) the production of oysters for res14 toration projects; and

15 ‘‘(v) the prevention, identification, and

16 control of nonindigenous species.

17 ‘‘(3) ELIGIBLE ENTITIES.—The following entities

18 are eligible to receive grants under this subsection:

19 ‘‘(A) The government of a political subdivi20 sion of a State in the Chesapeake Bay watershed,

21 and the government of the District of Columbia.

22 ‘‘(B) An organization in the Chesapeake

23 Bay watershed (such as an educational institu24 tion or a community organization)—
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1 ‘‘(i) that is described in section 501(c)

2 of the Internal Revenue Code of 1986 and is

3 exempt from taxation under section 501(a)

4 of that Code; and

5 ‘‘(ii) that will administer such grants

6 in coordination with a government referred

7 to in subparagraph (A).

8 ‘‘(4) ADDITIONAL REQUIREMENTS.—The Director

9 may prescribe any additional requirements, including

10 procedures, that the Director considers necessary to

11 carry out the program under this subsection.

12 ‘‘(d) CHESAPEAKE EXECUTIVE COUNCIL.—For pur13 poses of this section, ‘Chesapeake Executive Council’ means

14 the representatives from the Commonwealth of Virginia, the

15 State of Maryland, the Commonwealth of Pennsylvania, the

16 Environmental Protection Agency, the District of Colum17 bia, and the Chesapeake Bay Commission, who are signato18 ries to the Chesapeake Bay Agreement, and any future sig19 natories to that Agreement.

20 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is

21 authorized to be appropriated to the Department of Com22 merce for the Chesapeake Bay Office $6,000,000 for each

23 of fiscal years 2002 through 2006.’’.

24 (b) CONFORMING AMENDMENT.—Section 2 of the Na25 tional Oceanic and Atmospheric Administration Marine
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1 Fisheries Program Authorization Act (Public Law 98–210;

2 97 Stat. 1409) is amended by striking subsection (e).

3 (c) MULTIPLE SPECIES MANAGEMENT STRATEGY.—

4 (1) IN GENERAL.—Not later than 180 days after

5 the date of enactment of this Act, the Director of the

6 Chesapeake Bay Office of the National Oceanic and

7 Atmospheric Administration shall begin a 5-year

8 study, in cooperation with the scientific community

9 of the Chesapeake Bay, appropriate State and inter10 state resource management entities, and appropriate

11 Federal agencies—

12 (A) to determine and expand the under13 standing of the role and response of living re14 sources in the Chesapeake Bay ecosystem; and

15 (B) to develop a multiple species manage16 ment strategy for the Chesapeake Bay.

17 (2) REQUIRED ELEMENTS OF STUDY.—In order

18 to improve the understanding necessary for the devel19 opment of the strategy under paragraph (1)(B), the

20 study shall—

21 (A) determine the current status and trends

22 of fish and shellfish that live in the Chesapeake

23 Bay and its tributaries and are selected for

24 study;
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1 (B) evaluate and assess interactions among

2 the fish and shellfish referred to in subparagraph

3 (A) and other living resources, with particular

4 attention to the impact of changes within and

5 among trophic levels; and

6 (C) recommend management actions to op7 timize the return of a healthy and balanced eco8 system for the Chesapeake Bay.

9 SEC. 702. CONVEYANCE OF NOAA LABORATORY IN

10 TIBURON, CALIFORNIA.

11 (a) IN GENERAL.—Except as provided in subsection

12 (c), the Secretary of Commerce may convey to the Board

13 of Trustees of the California State University, by suitable

14 instrument, in accordance with this section, by as soon as

15 practicable, but not later than 180 days after the date of

16 the enactment of this Act, and without consideration, all

17 right, title, and interest of the United States in the balance

18 of the National Oceanic and Atmospheric Administration

19 property known as the Tiburon Laboratory, located in

20 Tiburon, California, as described in Exhibit A of the nota21 rized, revocable license between the Administration and

22 Romberg Tiburon Center for Environmental Studies at San

23 Francisco State University dated November 5, 2001 (license

24 number 01ABF779–N).
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1 (b) CONDITIONS.—As a condition of any conveyance

2 by the Secretary under this section the Secretary may re3 quire the following:

4 (1) The property conveyed shall be administered

5 by the Romberg Tiburon Center for Environmental

6 Studies at San Francisco State University and used

7 only for the following purposes:

8 (A) To enhance estuarine scientific research

9 and estuary restoration activities within San

10 Francisco Bay.

11 (B) To administer and coordinate manage12 ment activities at the San Francisco Bay Na13 tional Estuarine Research Reserve.

14 (C) To conduct education and interpreta15 tion and outreach activities to enhance public

16 awareness and appreciation of estuary resources,

17 and for other purposes.

18 (2) The Board shall—

19 (A) take title to the property as is;

20 (B) assume full responsibility for all facil21 ity maintenance and repair, security, fire pre22 vention, utilities, signs, and grounds mainte23 nance;

24 (C) allow the Secretary to have all nec25 essary ingress and egress over the property of the
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1 Board to access Department of Commerce build2 ing and related facilities, equipment, improve3 ments, modifications, and alterations; and

4 (D) not erect or allow to be erected any

5 structure or structures or obstruction of whatever

6 kind that will interfere with the access to or op7 eration of property retained for the United

8 States under subsection (c)(1), unless prior writ9 ten consent has been provided by the Secretary

10 to the Board.

11 (c) RETAINED INTERESTS.—The Secretary shall retain

12 for the United States—

13 (1) all right, title, and interest in and to the

14 portion of the property referred to in subsection (a)

15 comprising Building 86, identified as Parcel C on

16 Exhibit A of the license referred to in subsection (a),

17 including all facilities, equipment, fixtures, improve18 ments, modifications, or alterations made by the Sec19 retary;

20 (2) rights-of-way and easements that are deter21 mined by the Secretary to be reasonable and conven22 ient to ensure all necessary ingress, egress, utilities,

23 drainage, and sewage disposal for the property re24 tained under paragraph (1), including access to the
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1 existing boat launch ramp (or equivalent) and park2 ing that is suitable to the Secretary;

3 (3) the exclusive right to install, maintain, re4 pair, replace, and remove its facilities, fixtures, and

5 equipment on the retained property, and to authorize

6 other persons to take any such action;

7 (4) the right to grade, condition, and install

8 drainage facilities, and to seed soil on the retained

9 property, if necessary; and

10 (5) the right to remove all obstructions from the

11 retained property that may constitute a hindrance to

12 the establishment and maintenance of the retained

13 property.

14 (d) EQUIVALENT ALTERNATIVE.—

15 (1) IN GENERAL.—At any time, either the Sec16 retary or the Board may request of each other to enter

17 into negotiations pursuant to which the Board may

18 convey if appropriate to the United States, in ex19 change for property conveyed by the United States

20 under subsection (a), another building that is equiva21 lent in function to the property retained under sub22 section (c) that is acceptable to the Secretary.

23 (2) LOCATION.—Property conveyed by the Board

24 under this subsection is not required to be located on

25 the property referred to in subsection (a).
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1 (3) COSTS.—If the Secretary and the Board en2 gage in a property exchange under this subsection, all

3 costs for repair, removal, and moving of facilities,

4 equipment, fixtures, improvements, modifications, or

5 alterations, including power, control, and utilities,

6 that are necessary for the exchange—

7 (A) shall be the responsibility of the Sec8 retary, if the action to seek an equivalent alter9 native was requested by the Secretary in re10 sponse to factors unrelated to the activities of the

11 Board or its operatives in the operation of its fa12 cilities; or

13 (B) shall be the responsibility of the Board,

14 if the Secretary’s request for an equivalent alter15 native was in response to changes or modifica16 tions made by the Board or its operatives that

17 adversely affected the Secretary’s interest in the

18 property retained under subsection (c).

19 (e) ADDITIONAL CONDITIONS.—As conditions of any

20 conveyance under subsection (a)—

21 (1) the Secretary shall require that—

22 (A) the Board remediate, or have remedi23 ated, at its sole cost, all hazardous or toxic sub24 stance contamination found on the property con25 veyed under subsection (a), whether known or
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1 unknown at the time of the conveyance or later

2 discovered; and

3 (B) the Board of Trustees hold harmless the

4 Secretary for any and all costs, liabilities, or

5 claims by third parties that arise out of any haz6 ardous or toxic substance contamination found

7 on the property conveyed under subsection (a)

8 that are not directly attributable to the installa9 tion, operation, or maintenance of the Sec10 retary’s facilities, equipment, fixtures, improve11 ments, modifications, or alterations;

12 (2) the Secretary shall remediate, at the sole cost

13 of the United States, all hazardous or toxic substance

14 contamination on the property retained under sub15 section (c) that is found to have occurred as a direct

16 result of the installation, operation, or maintenance

17 of the Secretary’s facilities, equipment, fixtures, im18 provements, modifications, or alterations; and

19 (3) if the Secretary decides to terminate future

20 occupancy and interest of the property retained under

21 subsection (c), the Secretary may—

22 (A) provide written notice to the Board at

23 least 60 days prior to the scheduled date when

24 the property will be vacated;
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1 (B) remove facilities, equipment, fixtures,

2 improvements, modifications, or alterations and

3 restore the property to as good a condition as ex4 isted at the time the property was retained

5 under subsection (c), taking into account ordi6 nary wear and tear and exposure to natural ele7 ments or phenomena; or

8 (C) surrender all facilities, equipment, fix9 tures, improvements, modifications, or alter10 ations to the Board in lieu of restoration, where11 upon title shall vest in the Board of Trustees,

12 and whereby all obligations of restoration under

13 this subsection shall be waived, and all interests

14 retained under subsection (c) shall be revoked.

15 (f) REVERSIONARY INTEREST.—

16 (1) IN GENERAL.—All right, title, and interest in

17 and to all property and interests conveyed by the

18 United States under this section shall revert to the

19 United States on the date on which the Board uses

20 any of the property for any purpose other than the

21 purposes described in subsection (b)(1).

22 (2) ADMINISTRATION OF REVERTED PROP23 ERTY.—Any property that reverts to the United

24 States under this subsection shall be under the admin-
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1 istrative jurisdiction of the Administrator of General

2 Services.

3 (3) ANNUAL CERTIFICATION.—One year after the

4 date of a conveyance made pursuant to subsection (a),

5 and annually thereafter, the Board shall certify to the

6 Administrator of General Services or his or her des7 ignee that the Board and its designees are in compli8 ance with the conditions of conveyance under sub9 sections (b) and (e).

10 (g) DEFINITIONS.—In this section:

11 (1) BOARD.—The term ‘‘Board’’ means the

12 Board of Trustees of the California State University.

13 (2) CENTER.—The term ‘‘Center’’ means the

14 Romberg Tiburon Center for Environmental Studies

15 at San Francisco State University.

16 (3) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of Commerce.

18 SEC. 703. ARCTIC RESEARCH CENTER.

19 (a) ESTABLISHMENT.—The Secretary of Commerce, in

20 consultation with the Secretaries of Energy and the Inte21 rior, the Director of the National Science Foundation, and

22 the Administrator of the Environmental Protection Agency,

23 shall establish a joint research facility, to be known as the

24 Barrow Arctic Research Center, to support climate change

25 and other scientific research activities in the Arctic.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to the Secretaries of Com3 merce, Energy, and the Interior, the Director of the Na4 tional Science Foundation, and the Administrator of the

5 Environmental Protection Agency, $35,000,000 for the

6 planning, design, construction, and support of the Barrow

7 Arctic Research Center.

8 SEC. 704. EMERGENCY ASSISTANCE FOR SUBSISTENCE

9 WHALE HUNTERS.

10 Notwithstanding any provision of law, the use of a ves11 sel to tow a whale taken in a traditional subsistence whale

12 hunt permitted by Federal law and conducted in waters off

13 the coast of Alaska is authorized, if such towing is per14 formed upon a request for emergency assistance made by

15 a subsistence whale hunting organization formally recog16 nized by an agency of the United States Government, or

17 made by a member of such an organization, to prevent the

18 loss of a whale.

19 SEC. 705. INTERNATIONAL PACIFIC RESEARCH AND CO20 OPERATION.

21 The Secretary of Commerce, in cooperation with the

22 Administrator of the National Aeronautics and Space Ad23 ministration, shall conduct international research in the

24 Pacific region that will increase understanding of the na25 ture and predictability of climate variability in the Asia-
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1 Pacific sector, including regional aspects of global environ2 mental change. Such research activities shall be conducted

3 in cooperation with other nations of the region. There are

4 authorized to be appropriated for purposes of this section

5 $3,500,000 to the National Oceanic and Atmospheric Ad6 ministration.

7 SEC. 706. TREATY ON PACIFIC COAST ALBACORE TUNA.

8 (a) FOREIGN FISHING UNDER TREATY; IMPLEMENTA9 TION.—Section 201 of the Magnuson-Stevens Fishery con10 servation and Management Act (16 U.S.C. 1821) is amend11 ed by adding at the end the following:

12 ‘‘(j) TREATY ON PACIFIC COAST ALBACORE TUNA VES13 SELS.—

14 ‘‘(1) Notwithstanding subsection (a) and section

15 307(2)(B), foreign fishing may be conducted pursuant

16 to the Treaty between the Government of the United

17 States of America and the Government of Canada on

18 Pacific Coast Albacore Tuna Vessels and Port Privi19 leges, signed May 26, 1981,and any amendments

20 thereto.

21 ‘‘(2) The Secretary of Commerce may promulgate

22 regulations necessary to discharge Federal obligations

23 under the Treaty between the Government of the

24 United States of America and the Government of

25 Canada on Pacific Coast Albacore Tuna Vessels and
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1 Port Privileges, signed May 26, 1981, including its

2 Annexes and any amendments thereto. The proposed

3 rulemaking and public participation requirements of

4 section 553 of title 5, United States Code, shall not

5 apply to collection of information or recordkeeping re6 quirements established by regulations promulgated

7 under this subsection.’’.

8 (b) TECHNICAL AMENDMENT.—Section 307(2)(B) of

9 such Act (16 U.S.C. 1857(2)(B)) is amended by striking

10 ‘‘201(i),’’ and inserting ‘‘201(i) and foreign fishing per11 mitted under section 201(j),’’.

12 SEC. 707. AUTHORITY TO ACCEPT VOLUNTEER SERVICES.

13 Section 303 (33 U.S.C. 892a) is amended by adding

14 at the end the following:

15 ‘‘(d) AUTHORITY TO ACCEPT VOLUNTEER SERVICES.—

16 To help fulfill the duties of the Administrator, including

17 authorities under the Act of 1947 (33 U.S.C. 883a et seq.),

18 this Act, or in response to a maritime emergency, the Ad19 ministrator may—

20 ‘‘(1) establish a volunteer program;

21 ‘‘(2) enter into special agreements with qualified

22 organizations to assist in the implementation of a

23 volunteer program; and

24 ‘‘(3) provide funding under the special agree25 ment to the qualified organization for the purposes of
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1 assisting in the administration of the volunteer pro2 grams and for procuring and maintaining insurance

3 or other coverage for the organization and its mem4 bers when conducting volunteer activities.

5 ‘‘(e) LEGAL STATUS OF VOLUNTEERS.—Paragraphs

6 (1) through (5) of section 7(c) of the Fish and Wildlife Act

7 of 1956 (16 U.S.C. 742f(c)) shall apply to volunteers pro8 viding services to the Administrator under subsection (c)

9 of this section, except that any reference in that section to

10 the Secretary of the Interior or the Secretary of Commerce

11 shall be deemed to refer to the Administrator.

12 ‘‘(f) QUALIFIED ORGANIZATION.—In this section, the

13 term ‘qualified organization’ means a non-governmental,

14 not-for-profit organization, determined by the Adminis15 trator to have demonstrated expertise in boating safety and

16 a commitment to improving the quality of hydrographic

17 services and related oceanographic and meteorological in18 formation that is made available to mariners.’’.

Attest:

Secretary.
107TH CONGRESS

2D SESSION H. R. 1989

AMENDMENT