In the Senate of the United States,
November 20, 2002.
Resolved, That the bill from the House of Representa-
tives (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:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fisheries Conservation
Act of 2002’’.
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TITLE I—INTERJURISDICTIONAL
FISHERIES ACT OF 1986
SEC. 101. REAUTHORIZATION OF INTERJURISDICTIONAL
FISHERIES ACT OF 1986.
Section 308 of the Interjurisdictional Fisheries Act of
1986 (16 U.S.C. 4107) is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) GENERAL APPROPRIATIONS.—There are author-
ized to be appropriated to the Department of Commerce for
apportionment to carry out the purposes of this title—
‘‘(1) $4,900,000 for fiscal year 2002;
‘‘(2) $5,400,000 for each of fiscal years 2003 and
2004; and
‘‘(3) $5,900,000 for each of fiscal years 2005 and
2006.’’; and
(2) in subsection (c) by striking ‘‘$700,000 for
fiscal year 1997, and $750,000 for each of the fiscal
years 1998, 1999, and 2000’’ and inserting ‘‘$800,000
for fiscal year 2002, $850,000 for each of fiscal years
2003 and 2004, and $900,000 for each of fiscal years
2005 and 2006’’.
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SEC. 102. PURPOSES OF THE INTERJURISDICTIONAL FISH-
ERIES ACT OF 1986.
Section 302 of the Interjurisdictional Fisheries Act of
1986 (16 U.S.C. 4101) is amended—
(1) by striking ‘‘and’’ after the semicolon at the
end of paragraph (1);
(2) by striking ‘‘range.’’ in paragraph (2) and
inserting ‘‘range; and’’; and
(3) adding at the end the following:
‘‘(3) to promote and encourage research in prep-
aration for the implementation of the use of eco-
systems and interspecies approaches to the conserva-
tion and management of interjurisdictional fishery
resources throughout their range.’’.
TITLE II—ANADROMOUS FISH
CONSERVATION ACT
SEC. 201. REAUTHORIZATION OF ANADROMOUS FISH CON-
SERVATION ACT.
Section 4 of the Anadromous Fish Conservation Act
(16 U.S.C. 757d) is amended to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 4. (a)(1) There are authorized to be appro-
priated to carry out the purposes of this Act not to exceed
the following sums:
‘‘(A) $4,500,000 for fiscal year 2002;
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‘‘(B) $4,750,000 for each of fiscal years 2003 and
2004; and
‘‘(C) $5,000,000 for each of fiscal years 2005 and
2006.
‘‘(2) Sums appropriated under this subsection are au-
thorized to remain available until expended.
‘‘(b) Not more than $625,000 of the funds appropriated
under this section in any one fiscal year shall be obligated
in any one State.’’.
SEC. 202. RESEARCH ON AND USE OF ECOSYSTEMS AND
INTERSPECIES APPROACHES TO THE CON-
SERVATION AND MANAGEMENT.
The first section of the Anadromous Fish Conservation
Act (16 U.S.C. 757a) is amended in subsection (b) by in-
serting ‘‘(1)’’ after ‘‘(b)’’, and by adding at the end the fol-
lowing:
‘‘(2) In carrying out responsibilities under this section,
the Secretary shall conduct, promote, and encourage re-
search in preparation for the implementation of the use of
ecosystems and interspecies approaches to the conservation
and management of anadromous and Great Lakes fishery
resources.’’.
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TITLE III—ATLANTIC TUNAS
CONVENTION ACT OF 1975
SEC. 301. REAUTHORIZATION OF THE ATLANTIC TUNAS
CONVENTION ACT OF 1975.
Section 10 of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971h) is amended to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 10. (a) IN GENERAL.—There are authorized to
be appropriated to carry out this Act, including use for
payment of the United States share of the joint expenses
of the Commission as provided in Article X of the Conven-
tion, the following sums:
‘‘(1) For each of fiscal years 2002, 2003, and
2004, $5,480,000.
‘‘(2) For each of fiscal years 2005 and 2006,
$5,495,000.
‘‘(b) ALLOCATION.—Of amounts available under this
section for each fiscal year—
‘‘(1) $150,000 are authorized for the advisory
committee established under section 4 and the species
working groups established under section 4A; and
‘‘(2) $4,240,000 are authorized for research ac-
tivities under this Act and the Act of September 4,
1980 (16 U.S.C. 971i).’’.
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TITLE IV—NORTHWEST ATLAN-
TIC FISHERIES CONVENTION
ACT OF 1995
SEC. 401. REAUTHORIZATION OF THE NORTHWEST ATLAN-
TIC FISHERIES CONVENTION ACT OF 1995.
Section 211 of the Northwest Atlantic Fisheries Con-
vention Act of 1995 (16 U.S.C. 5610) is amended by strik-
ing ‘‘2001’’ and inserting ‘‘2006’’.
TITLE V—EXTENSION OF DEAD-
LINE 
FOR 
SUBMISSION 
OF
OCEAN POLICY REPORT
SEC. 501. EXTENSION OF DEADLINE.
(a) EXTENSION OF DEADLINE.—The Oceans Act of
2000 (Public Law 106–256) is amended—
(1) in section 3(i) (114 Stat. 648) by striking
‘‘30 days’’ and inserting ‘‘90 days’’; and
(2) in section 4(a) (114 Stat. 648; 33 U.S.C.
857–19 note) by striking ‘‘120 days’’ and inserting
‘‘90 days’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
3(j) of such Act (114 Stat. 648) is amended by striking
‘‘$6,000,000’’ and inserting ‘‘$8,500,000’’.
(c) TECHNICAL CORRECTIONS.—Section 3(e) of such
Act (114 Stat. 646) is amended—
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(1) by striking ‘‘it:’’ in paragraph (1) and in-
serting ‘‘it.’’;
(2) by inserting immediately after such period
the following:
‘‘(2) NOTICE; MINUTES; PUBLIC AVAILABILITY OF
DOCUMENTS.—’’; and
(3) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively.
TITLE VI—MISCELLANEOUS
FISHERIES PROVISIONS
SEC. 601. REPORT ON OVERCAPACITY.
(a) IN GENERAL.—The Secretary of Commerce shall,
within 12 months after the date of enactment of this Act,
and triennially thereafter, submit to the Congress a
report—
(1) identifying and describing the 20 fisheries in
United States waters with the most severe examples of
excess harvesting capacity in the fisheries, based on
value of each fishery and the amount of excess har-
vesting capacity as determined by the Secretary;
(2) in any such fisheries subject to a rebuilding
program, identifying and describing the current ca-
pacity relative to the capacity that can be supported
by the fishery once the fishery is rebuilt;
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(3) recommending measures for reducing excess
harvesting capacity, including the retirement of any
latent fishing permits that could contribute to further
excess harvesting capacity in those fisheries; and
(4) identifying potential sources of funding for
such measures.
(b) BASIS FOR RECOMMENDATIONS.—The Secretary
shall base the recommendations under subsection (a)(3)
made with respect to a fishery on—
(1) the most cost-effective means of achieving vol-
untary reduction in capacity for the fishery using the
potential for industry financing; and
(2) including measures to prevent the capacity
that is being removed from the fishery from moving
to other fisheries in the United States, in the waters
of a foreign nation, or on the high seas.
SEC. 602. WEST COAST GROUNDFISH FISHERY CAPACITY
REDUCTION.
(a) IN GENERAL.—
(1) PURPOSE OF SECTION.—The purpose of this
section is to establish a fishing capacity reduction
program for the West Coast groundfish fishery pursu-
ant to section 212 of the 2002 Supplemental Appro-
priations Act for Further Recovery from and Re-
sponse to Terrorist Attacks on the United States, and
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subsections (b) through (e) of section 312 of the Mag-
nuson-Stevens Act (16 U.S.C. 1861a(b) through (e)).
(2) PROGRAM
IMPLEMENTATION.—Within 90
days after the date of enactment of this Act, the Sec-
retary shall implement the program by publishing a
public notice in the Federal Register and issuing an
invitation to bid for reduction payments that specifies
the contractual terms and conditions under which
bids shall be made and accepted under this section.
(3) APPLICATION
OF
MAGNUSON-STEVENS
ACT;
REGULATIONS.—Section 312 of the Magnuson-Stevens
Act (16 U.S.C. 1861a), and subpart L of part 600 of
title 50, Code of Federal Regulations, shall apply to
the program implemented under this section only to
the extent that—
(A) that section and that subpart are not
inconsistent with any specific provision of this
section; or
(B) made inapplicable to the program
under paragraph (3) of this section.
(4) 
INAPPLICABLE
REGULATIONS.—Sections
600.1001, 600.1002, 600.1003, 600.1005, 600.1010(b),
600.1010(d)(1), 600.1011(d), the last sentence of sec-
tion 600.1011(a), and the last sentence of section
600.1014(f) of title 50, Code of Federal Regulations,
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shall not apply to the program implemented under
this section.
(5) PROGRAM
DEEMED
ACCEPTED.—The pro-
gram implemented under this section is deemed to be
accepted under section 600.1004 of title 50, Code of
Federal Regulations.
(b) ELIGIBILITY.—
(1) IN GENERAL.—A reduction fishery is eligible
for capacity reduction under the program imple-
mented under this section.
(2) 
WHITING
CATCHER-PROCESSOR
EXCEP-
TION.—Notwithstanding paragraph (1), no vessel har-
vesting and processing whiting in the catcher-proc-
essors sector (as defined in section 660.323(a)(4)(A) of
title 50, Code of Federal Regulations) may partici-
pate in any capacity reduction referendum or indus-
try fee established under this section.
(c) APPLICATION OF SECTION 312 OF MAGNUSON-STE-
VENS ACT.—Subsections (b) through (e) of section 312 of
the Magnuson-Stevens Act (16 U.S.C. 1861a) shall apply
to the program implemented under this section, except that:
(1) The program may apply to multiple fish-
eries, as appropriate.
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(2) A referendum on the industry fee system
shall occur after bids have been submitted, and such
bids have been accepted by the Secretary, as follows:
(A) The members of the reduction fishery,
and persons who have been issued WA, OR, or
CA Dungeness Crab and Pink Shrimp permits,
shall be eligible to vote in the referendum to ap-
prove an industry fee system.
(B) Referendum votes cast in each fishery
shall be weighted in proportion to the debt obli-
gation of each fishery, as calculated in subsection
(f) of this section.
(C) The industry fee system shall be ap-
proved if the referendum votes cast in favor of
the proposed system constitute a simple majority
of the participants voting.
(3) Notwithstanding section 553 of title 5,
United States Code, and section 312(e) of the Magnu-
son-Stevens Act (16 U.S.C. 1861a(e)), the Secretary
shall not prepare or publish proposed or final regula-
tions for the implementation of the program under
this section before the referendum is conducted.
(d) NO INTERFERENCE WITH OTHER PROPOSED PRO-
GRAM CHANGES OR SUBSEQUENT REGULATIONS.—Nothing
in this section shall be construed to prohibit—
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(1) the Pacific Fishery Management Council
from recommending, or the Secretary from approving,
changes to any fishery management plan, in accord-
ance with applicable law; or
(2) the Secretary from promulgating regulations
(including regulations governing this program), after
an industry fee system has been approved by the re-
duction fishery.
(e) BIDS AND BID ACCEPTANCE.—
(1) IN
GENERAL.—The Secretary shall deter-
mine, and state in the public notice published under
subsection (a)(2) of this section, all program imple-
mentation aspects the Secretary deems relevant.
(2) BIDS
ARE
IRREVOCABLE.—Any bid sub-
mitted in response to the invitation to bid issued by
the Secretary under this section shall be irrevocable.
(3) BID
ACCEPTANCE
PROCEDURE.—The Sec-
retary shall use a bid acceptance procedure that ranks
each bid in accordance with this paragraph and with
additional criteria, if any, established by the Sec-
retary.
(A) BID
SCORE.—For each bid from a
qualified bidder that meets the bidding require-
ments in the public notice or the invitation to
bid, the Secretary shall determine a bid score by
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dividing the bid’s dollar amount by the average
annual total ex-vessel dollar value of landings of
Pacific groundfish, Dungeness crab, and Pink
shrimp based on the 3 highest total annual reve-
nues earned from Pacific groundfish, Dungeness
crab, and Pink Shrimp that the bidder’s reduc-
tion vessel landed during 1998, 1999, 2000, or
2001. For purposes of this subparagraph, the
term ‘‘total annual revenue’’ means the revenue
earned in a single year from the Pacific ground-
fish, Dungeness crab, and Pink shrimp fisheries.
(B) BID RANKING AND ACCEPTANCE.—The
Secretary shall accept each qualified bid in rank
order of bid score from the lowest to the highest
until acceptance of the next qualified bid with
the next lowest bid score would cause the reduc-
tion cost to exceed the reduction loan’s maximum
amount.
(4) ACCEPTANCE CREATES CONTRACT.—Accept-
ance of a bid by the Secretary shall create a binding
reduction contract between the United States and the
person whose bid is accepted, the performance of
which shall be subject only to the conclusion of a suc-
cessful referendum.
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(5) RELINQUISHMENT AND REVOCATION OF PER-
MITS.—A person whose bid is accepted by the Sec-
retary under this section shall relinquish all permits
in the reduction fishery and any Dungeness crab and
Pink shrimp permits issued by Washington, Oregon,
or California. The Secretary shall revoke the Pacific
groundfish permit, as well as all Federal fishery li-
censes, fishery permits, area, and species endorse-
ments, and any other fishery privileges issued to a
vessel or vessels (or to persons on the basis of their op-
eration or ownership of that vessel or vessels) removed
under the program.
(f) PROGRAM INDUSTRY FEE SYSTEM ALLOCATION.—
(1) IN GENERAL.—The Secretary shall establish
separate reduction loan sub-amounts and repayment
fees for fish sellers in the reduction fishery and for
fish sellers in each of the fee-share fisheries by—
(A) dividing the total ex-vessel dollar value
during the bid scoring period of all reduction
vessel landings from the reduction fishery and
from each of the fee-share fisheries by the total
such value of all such landings for all such fish-
eries; and
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(B) multiplying the reduction loan amount
by each of the quotients resulting from each of
the divisions above.
(2) REDUCTION LOAN SUB-AMOUNT.—Each of the
resulting products shall be the reduction loan sub-
amount for the reduction fishery and for each of the
fee-share fisheries to which each of such products per-
tains.
(3) SELLER PAYMENTS.—Each fish seller in the
reduction fishery and in each of the fee-share fisheries
shall pay the fees required by the reduction loan sub-
amounts allocated to it under this subsection.
(4) STATE COLLECTION AGREEMENTS.—The Sec-
retary may enter into agreements with the States of
Washington, Oregon, and California to collect any
fees established under this section.
(g) LOAN TERM.—Notwithstanding section 1111(b) of
the Merchant Marine Act, 1936 (46 U.S.C. App.
1279(b)(4)), the reduction loan’s term shall not be less than
30 years.
(h) SENSE
OF
THE CONGRESS REGARDING ADDI-
TIONAL POST-REDUCTION PROGRAM ACTIONS.—It is the
sense of the Congress that the States of Washington, Oregon,
and California should revoke all relinquishment permits in
each of the fee-share fisheries immediately after reduction
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payment, and otherwise to implement appropriate State
fisheries management and conservation provisions in each
of the fee-share fisheries that establishes a program that
meets the requirements of section 312(b)(1)(B) of the Mag-
nuson-Stevens Act (16 U.S.C. 1861a(b)(1)(B)) as if it were
applicable to fee-share fisheries.
(i) DEFINITIONS.—In this section:
(1) FEE-SHARE FISHERY.—The term ‘‘fee-share
fishery’’ means a fishery, other than the reduction
fishery, whose members are eligible to vote in a ref-
erendum for an industry fee system under subsection
(c)(2).
(2) REDUCTION FISHERY.—The term ‘‘reduction
fishery’’ means that portion of a fishery holding lim-
ited entry fishing permits endorsed for the operation
of trawl gear and issued under the Federal Pacific
Coast Groundfish Fishery Management Plan.
(3) MAGNUSON-STEVENS ACT.—The term ‘‘Mag-
nuson-Stevens Act’’ means the Magnuson-Stevens
Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
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SEC. 603. NEW ENGLAND GROUNDFISH CAPACITY REDUC-
TION PLANNING.
The Secretary of Commerce, in consultation with the
New England Regional Fishery Management Council, shall
provide technical, planning, and other assistance requested
by Northeast multispecies fishery participants, affected
States and fishing communities, or other interested parties
for the development of an industry-funded capacity reduc-
tion plan for the fishery (such as that authorized by section
211 of the 2002 Supplemental Appropriations Act for Fur-
ther Recovery from and Response to Terrorist Attacks on
the United States), including planning for fishing commu-
nity transition to sustainable fisheries. The Secretary may
provide technical and other assistance under the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.), the National Sea Grant Col-
lege Program Act (33 U.S.C. 1121 et seq.), or other applica-
ble law implemented by the Secretary, and may include—
(1) quantification of overcapacity in the rebuilt
fishery;
(2) development of geographic and spatial infor-
mation and analyses for planning and projections;
(3) provision of socio-economic or fishery data;
(4) analyses of socio-economic effects of capacity
reduction options;
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(5) public workshop planning and support or
other mechanisms for public input;
(6) small business financial planning and ad-
vice; and
(7) identification of Federal assistance programs.
SEC. 604. CLARIFICATION OF FLEXIBILITY.
(a) IN GENERAL.—The Secretary of Commerce has the
discretion under the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1851 et seq.) to extend
the time for rebuilding an overfished stock beyond the time
previously established by the Secretary in a fishery manage-
ment plan in order to meet substantially increased biomass
rebuilding targets subsequently established for the fishery by
the Secretary based on the best scientific information avail-
able, if—
(1) the extension will apply only to those stocks
for which the new biomass targets substantially exceed
the targets previously established by 100 percent or
more;
(2) the biomass rebuilding target previously ap-
plicable to such stock will be met or exceeded within
the time for rebuilding previously established by the
Secretary;
(3) the extension period is based on the biology
of the stock, the rate of rebuilding, and the increase
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in the biomass rebuilding target, and is as short as
possible;
(4) monitoring will ensure rebuilding continues;
(5) the extension meets the requirements of sec-
tion 301(a)(1) of that Act (16 U.S.C. 1851(a)(1));
and
(6) the best scientific information available
shows that the extension will allow continued rebuild-
ing.
(b) AUTHORITY.—Nothing in this section shall be con-
strued to amend the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1851 et seq.) or to
limit or otherwise alter the authority of the Secretary under
that Act.
SEC. 605. REVIEW OF DATA COLLECTION AND ASSESSMENT
METHODS.
The Secretary of Commerce shall, commencing 60 days
after the date of enactment of this Act and annually every
7 years thereafter, conduct an independent peer review of
fishery management methods under this title, including
evaluation and recommendations for—
(1) survey sampling methods and protocols (in-
cluding inspection, calibration, and maintenance of
sampling gear) used in the collection of fishery and
fishery-independent data by or for the agency;
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(2) stock assessment procedures (including meth-
ods for detecting and treating measurement error);
(3) risk assessment and management strategies;
(4) data collection quality control and validation
methods; and
(5) an evaluation of the need to develop new as-
sessment, survey, and collection techniques designed to
accommodate incomplete or variable data or to evalu-
ate or forecast effects of environmental fluctuations on
fisheries.
SEC. 606. COOPERATIVE ENFORCEMENT AGREEMENTS.
(a) IN GENERAL.—The Governor of a State (as defined
in section 3(35) of the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1802(35)) may apply
to the Secretary of Commerce for execution of a cooperative
enforcement agreement with the Secretary that will author-
ize the deputization of State law enforcement officers with
marine law enforcement responsibilities to perform duties
of the Secretary relating to law enforcement provisions
under this title or any other marine resource laws enforced
by the Secretary. Upon receiving an application meeting
the requirements of this section, the Secretary shall enter
into a joint enforcement agreement with the requesting
State.
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(b) REQUIREMENTS.—Joint enforcement agreements
executed under subsection (a)—
(1) shall be consistent with the purposes and in-
tent of section 311(a) of the Magnuson-Stevens Fish-
ery Conservation and Management Act (16 U.S.C.
1861(a)), to the extent applicable to the regulated ac-
tivities; and
(2) may include specifications for joint manage-
ment responsibilities as provided by the first section
of Public Law 91-412 (15 U.S.C. 1525).
(c) ALLOCATION OF FUNDS.—The Secretary shall in-
clude in each cooperative enforcement agreement an alloca-
tion of funds to assist in management of the agreement. The
allocation shall be equitably distributed among all States
participating in cooperative enforcement agreements under
this subsection, based upon consideration of the specific ma-
rine conservation enforcement needs of each participating
State. Such agreement may provide for amounts to be with-
held by the Secretary for the cost of any technical or other
assistance provided to the State by the Secretary under the
agreement.
SEC. 607. FISHERIES OUTREACH AND TRAINING.
The Secretary of Commerce shall establish a regional
fisheries outreach program within the National Marine
Fisheries Service to foster understanding and practical use
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of knowledge and technical expertise relevant to living ma-
rine resources. In establishing the program, the Secretary
shall, in cooperation with the National Sea Grant College
Program and the Regional Fishery Management Councils
established under title III of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1851 et seq.),
develop a comprehensive effort to improve communication,
education, and outreach to fishing communities, the fishing
industry, the conservation community and interested mem-
bers of the public at the regional, State, and local levels.
The program shall —
(1) establish a program of demonstrations, work-
shops, townhall and industry and other non-scientific
meetings for public understanding of National Marine
Fisheries Service research, technology, or other infor-
mation relating the conservation and management of
fishery and other living marine resources;
(2) establish outreach programs and procedures
designed to improve the transparency and accessi-
bility of fishery stock assessments to the public, in-
cluding dissemination of explanatory materials
through the Internet;
(3) provide periodic training of members, staff,
and advisory committee members of the Regional
Fishery Management Councils established under that
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title, on implementation of the National Standards
established under title III of the Magnuson Stevens
Fisheries Conservation and Management Act (16
U.S.C. 1851 et seq.), the requirements of National En-
vironmental Policy Act and chapter 6 of title 5,
United States Code, and any other law applicable to
the development of fishery management plans;
(4) identify, with the fishing industry, methods
of improving collection, quality, and reporting of fish-
ery dependent data;
(5) study the response of the regulated industry
to fishery management regulations and develop man-
agement approaches that consider such behavior;
(6) foster communications and technology-trans-
fer programs among regions to improve fish conserva-
tion and management;
(7) establish means of communicating informa-
tion to the general public in an accessible and under-
standable form (including web-based communica-
tions); and
(8) develop partnerships with other agencies,
academic institutions, and other entities to meet the
purposes of this section.
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SEC. 608. COOPERATIVE RESEARCH AND MANAGEMENT
PROGRAM.
(a) IN GENERAL.—The Secretary of Commerce, in con-
sultation with the Regional Fishery Management Councils
established under title III of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1851 et seq.),
shall establish a national cooperative research and manage-
ment program to address needs identified under the Magnu-
son Stevens Fisheries Conservation and Management Act
and under any other marine resource laws enforced by the
Secretary. The program shall make funds available for co-
operative research and management activities that are de-
veloped through partnerships among Federal and State
managers and scientists, fishing industry participants, and
educational institutions.
(b) ELIGIBLE PROJECTS.—The Secretary shall make
funds available under the program for the support of
projects to address critical needs identified by the Secretary
in consultation with the Regional Fisheries Management
Councils established under such title, that pertain to the
collection and analysis of data and information on living
marine resources, including data on landings, fishing effort,
life history parameters, biology, habitat, economics and so-
cial sciences, including those information needs identified
pursuant to section 401 of that Act (16 U.S.C. 1881) or
the development of measures to promote innovative or coop-
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erative management of fisheries, including development of
innovative gear, methods, and technology. Such program
shall promote and encourage efforts to mine and recover
useful sources of data maintained by other Federal agencies,
State agencies, or academia for use in such projects. In
making funds available the Secretary shall give priority to
the following projects:
(1) Projects to collect data to improve, supple-
ment, or enhance stock assessments, including through
the use of fishing vessels or acoustic or other innova-
tive marine technology.
(2) Projects to improve calibration and accuracy
of data collection gear and methods.
(3) Conservation engineering projects designed to
reduce bycatch, minimize mortality of bycatch, or
minimize fishery impacts on essential fish habitat.
(4) Projects to assess the amount and type of by-
catch occurring in a fishery.
(5) Projects for the identification, conservation,
or restoration of habitat areas of particular concern.
(6) Projects designed to identify ecosystem effects
of fishing, to monitor marine ecosystem trends and
dynamics, or to link climate forecasts to stock assess-
ments or otherwise explore ecosystem-based ap-
proaches to governance.
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(7) Projects designed to collect and compile eco-
nomic and social data, including data to evaluate the
long-term impact of conservation and management
measures on fishing communities and data to evalu-
ate economic motivation of harvesters.
(c) SELECTION OF PROJECTS.—Each research project
shall be awarded by the Secretary on a competitive basis
under procedures established by the Secretary in consulta-
tion with the Regional Fisheries Management Councils es-
tablished under title III of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1851 et seq.).
To the extent practicable, the projects selected should collec-
tively conform to a coherent program of research leading
to solving priority programs. Each Regional Fisheries Man-
agement Council established under that title shall establish
a research steering committee to carry out this section.
(d) EXPERIMENTAL PERMITTING PROCESS.—The Sec-
retary, in consultation with the Regional Fisheries Manage-
ment Councils established under title III of that Act shall
establish an expedited permitting process for projects ap-
proved under this section.
(e) GUIDELINES.—The Secretary, in consultation with
the appropriate Regional Fisheries Management Council es-
tablished under title III of that Act, shall establish guide-
lines to ensure that participation in a research project
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funded under this section does not result in loss of a partici-
pant’s catch history or unexpended days-at-sea as part of
a limited entry system.
SEC. 609. COOPERATIVE MARINE EDUCATION AND RE-
SEARCH.
For the purpose of developing adequate, coordinated,
cooperative research and training programs for living ma-
rine resources, the Secretary of Commerce may establish a
Cooperative Marine Education and Research Program.
Under this program the Secretary is authorized to enter
into cooperative agreements with universities and institu-
tions of higher learning in order to conduct basic research
in areas that support conservation and management of liv-
ing marine resources. Research conducted under this pro-
gram may include conservation engineering, research and
development (including development of fishing gear and
methods to reduce bycatch and habitat impacts) and bio-
logical research concerning the abundance and life history
parameters of stocks of fish, the interdependence of fisheries
or stocks of fish and other ecosystem components, and the
linkages between fish habitat and fish production or abun-
dance.
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SEC. 610. GULF OF MEXICO FISHING QUOTA SYSTEMS.
Section 407 of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1883) is
amended—
(1) in subsection (c) by inserting at the end the
following:
‘‘(3) The initial referendum described in para-
graph (1) shall be used to determine support for
whether the sale, transfer, or lease of quota shares
shall be allowed.’’.
(2) by inserting at the end the following:
‘‘(e) In order to facilitate balanced and fair apportion-
ment of fishing interests, a Governor of a State submitting
names of individuals for appointment by the Secretary of
Commerce to the Gulf of Mexico Fisheries Management
Council under section 302(b)(2) of this Act during Fiscal
Years 2003-2004 shall include at least one nominee each
from the commercial fishing sector and the recreational fish-
ing sector (including the for-hire fishing sector). If the Sec-
retary determines that a submission from such a Governor
does not meet the requirements of subsection (a), the Sec-
retary shall-
‘‘(1) for an at-large seat, select a nominee from
a list submitted by a State that complies with this
subsection; and
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‘‘(2) for a seat assigned to that State, select no
nominee for that seat until the Governor complies
with this subsection.’’.
SEC. 611. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
the provisions of this title—
(1) for science review and outreach—
(A) $10,000,000 for fiscal year 2003;
(B) $11,000,000 for fiscal year 2004;
(C) $12,000,000 for fiscal year 2005;
(D) $13,000,000 for fiscal year 2006; and
(E) $14,000,000 for fiscal year 2007;
(2) for cooperative enforcement—
(A) $27,000,000 for fiscal year 2003;
(B) $29,000,000 for fiscal year 2004;
(C) $31,000,000 for fiscal year 2005;
(D) $33,000,000 for fiscal year 2006; and
(E) $35,000,000 for fiscal year 2007; and
(3) for cooperative research—
(A) $30,000,000 for fiscal year 2003;
(B) $35,000,000 for fiscal year 2004;
(C) $40,000,000 for fiscal year 2005;
(D) $45,000,000 for fiscal year 2006; and
(E) $50,000,000 for fiscal year 2007.
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TITLE VII—MISCELLANEOUS
SEC. 701. CHESAPEAKE BAY OFFICE.
(a) REAUTHORIZATION OF OFFICE.—Section 307 of
the National Oceanic and Atmospheric Administration Au-
thorization Act of 1992 (15 U.S.C. 1511d) is amended to
read as follows:
‘‘SEC. 307. CHESAPEAKE BAY OFFICE.
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Com-
merce shall establish, within the National Oceanic and At-
mospheric Administration, an office to be known as the
Chesapeake Bay Office (in this section referred to as the
‘Office’).
‘‘(2) The Office shall be headed by a Director who shall
be appointed by the Secretary of Commerce, in consultation
with the Chesapeake Executive Council. Any individual ap-
pointed as Director shall have knowledge and experience in
research or resource management efforts in the Chesapeake
Bay.
‘‘(3) The Director may appoint such additional per-
sonnel for the Office as the Director determines necessary
to carry out this section.
‘‘(b) FUNCTIONS.—The Office, in consultation with the
Chesapeake Executive Council, shall—
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‘‘(1) provide technical assistance to the Adminis-
trator, to other Federal departments and agencies,
and to State and local government agencies in—
‘‘(A) assessing the processes that shape the
Chesapeake Bay system and affect its living re-
sources;
‘‘(B) identifying technical and management
alternatives for the restoration and protection of
living resources and the habitats they depend
upon; and
‘‘(C) monitoring the implementation and ef-
fectiveness of management plans;
‘‘(2) develop and implement a strategy for the
National Oceanic and Atmospheric Administration
that integrates the science, research, monitoring, data
collection, regulatory, and management responsibil-
ities of the Secretary of Commerce in such a manner
as to assist the cooperative, intergovernmental Chesa-
peake Bay Program to meet the commitments of the
Chesapeake Bay Agreement;
‘‘(3) coordinate the programs and activities of
the various organizations within the National Oce-
anic and Atmospheric Administration, the Chesa-
peake Bay Regional Sea Grant Programs, and the
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Chesapeake Bay units of the National Estuarine Re-
search Reserve System, including—
‘‘(A) programs and activities in—
‘‘(i) coastal and estuarine research,
monitoring, and assessment;
‘‘(ii) fisheries research and stock assess-
ments;
‘‘(iii) data management;
‘‘(iv) remote sensing;
‘‘(v) coastal management;
‘‘(vi) habitat conservation and restora-
tion; and
‘‘(vii) atmospheric deposition; and
‘‘(B) programs and activities of the Cooper-
ative Oxford Laboratory of the National Ocean
Service with respect to—
‘‘(i) nonindigenous species;
‘‘(ii) estuarine and marine species pa-
thology;
‘‘(iii) human pathogens in estuarine
and marine environments; and
‘‘(iv) ecosystem health;
‘‘(4) coordinate the activities of the National
Oceanic and Atmospheric Administration with the
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activities of the Environmental Protection Agency
and other Federal, State, and local agencies;
‘‘(5) establish an effective mechanism which shall
ensure that projects have undergone appropriate peer
review and provide other appropriate means to deter-
mine that projects have acceptable scientific and tech-
nical merit for the purpose of achieving maximum
utilization of available funds and resources to benefit
the Chesapeake Bay area;
‘‘(6) remain cognizant of ongoing research, mon-
itoring, and management projects and assist in the
dissemination of the results and findings of those
projects; and
‘‘(7) submit a biennial report to the Congress
and the Secretary of Commerce with respect to the ac-
tivities of the Office and on the progress made in pro-
tecting and restoring the living resources and habitat
of the Chesapeake Bay, which report shall include an
action plan consisting of—
‘‘(A) a list of recommended research, moni-
toring, and data collection activities necessary to
continue implementation of the strategy de-
scribed in paragraph (2); and
‘‘(B) proposals for—
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‘‘(i) continuing any new National Oce-
anic and Atmospheric Administration ac-
tivities in the Chesapeake Bay; and
‘‘(ii) the integration of those activities
with the activities of the partners in the
Chesapeake Bay Program to meet the com-
mitments of the Chesapeake 2000 agreement
and subsequent agreements.
‘‘(c) CHESAPEAKE BAY FISHERY AND HABITAT RES-
TORATION SMALL WATERSHED GRANTS PROGRAM.—
‘‘(1) IN GENERAL.—The Director of the Chesa-
peake Bay Office of the National Oceanic and Atmos-
pheric Administration (in this section referred to as
the ‘Director’), in cooperation with the Chesapeake
Executive Council, shall carry out a community-based
fishery and habitat restoration small grants and tech-
nical assistance program in the Chesapeake Bay wa-
tershed.
‘‘(2) PROJECTS.—
‘‘(A) SUPPORT.—The Director shall make
grants under this subsection to pay the Federal
share of the cost of projects that are carried out
by entities eligible under paragraph (3) for the
restoration of fisheries and habitats in the Chesa-
peake Bay.
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‘‘(i) that is described in section 501(c)
of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a)
of that Code; and
‘‘(ii) that will administer such grants
in coordination with a government referred
to in subparagraph (A).
‘‘(4) ADDITIONAL REQUIREMENTS.—The Director
may prescribe any additional requirements, including
procedures, that the Director considers necessary to
carry out the program under this subsection.
‘‘(d) CHESAPEAKE EXECUTIVE COUNCIL.—For pur-
poses of this section, ‘Chesapeake Executive Council’ means
the representatives from the Commonwealth of Virginia, the
State of Maryland, the Commonwealth of Pennsylvania, the
Environmental Protection Agency, the District of Colum-
bia, and the Chesapeake Bay Commission, who are signato-
ries to the Chesapeake Bay Agreement, and any future sig-
natories to that Agreement.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Department of Com-
merce for the Chesapeake Bay Office $6,000,000 for each
of fiscal years 2002 through 2006.’’.
(b) CONFORMING AMENDMENT.—Section 2 of the Na-
tional Oceanic and Atmospheric Administration Marine
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Fisheries Program Authorization Act (Public Law 98–210;
97 Stat. 1409) is amended by striking subsection (e).
(c) MULTIPLE SPECIES MANAGEMENT STRATEGY.—
(1) IN GENERAL.—Not later than 180 days after
the date of enactment of this Act, the Director of the
Chesapeake Bay Office of the National Oceanic and
Atmospheric Administration shall begin a 5-year
study, in cooperation with the scientific community
of the Chesapeake Bay, appropriate State and inter-
state resource management entities, and appropriate
Federal agencies—
(A) to determine and expand the under-
standing of the role and response of living re-
sources in the Chesapeake Bay ecosystem; and
(B) to develop a multiple species manage-
ment strategy for the Chesapeake Bay.
(2) REQUIRED ELEMENTS OF STUDY.—In order
to improve the understanding necessary for the devel-
opment of the strategy under paragraph (1)(B), the
study shall—
(A) determine the current status and trends
of fish and shellfish that live in the Chesapeake
Bay and its tributaries and are selected for
study;
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(B) evaluate and assess interactions among
the fish and shellfish referred to in subparagraph
(A) and other living resources, with particular
attention to the impact of changes within and
among trophic levels; and
(C) recommend management actions to op-
timize the return of a healthy and balanced eco-
system for the Chesapeake Bay.
SEC. 
702. 
CONVEYANCE 
OF 
NOAA 
LABORATORY 
IN
TIBURON, CALIFORNIA.
(a) IN GENERAL.—Except as provided in subsection
(c), the Secretary of Commerce may convey to the Board
of Trustees of the California State University, by suitable
instrument, in accordance with this section, by as soon as
practicable, but not later than 180 days after the date of
the enactment of this Act, and without consideration, all
right, title, and interest of the United States in the balance
of the National Oceanic and Atmospheric Administration
property known as the Tiburon Laboratory, located in
Tiburon, California, as described in Exhibit A of the nota-
rized, revocable license between the Administration and
Romberg Tiburon Center for Environmental Studies at San
Francisco State University dated November 5, 2001 (license
number 01ABF779–N).
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(b) CONDITIONS.—As a condition of any conveyance
by the Secretary under this section the Secretary may re-
quire the following:
(1) The property conveyed shall be administered
by the Romberg Tiburon Center for Environmental
Studies at San Francisco State University and used
only for the following purposes:
(A) To enhance estuarine scientific research
and estuary restoration activities within San
Francisco Bay.
(B) To administer and coordinate manage-
ment activities at the San Francisco Bay Na-
tional Estuarine Research Reserve.
(C) To conduct education and interpreta-
tion and outreach activities to enhance public
awareness and appreciation of estuary resources,
and for other purposes.
(2) The Board shall—
(A) take title to the property as is;
(B) assume full responsibility for all facil-
ity maintenance and repair, security, fire pre-
vention, utilities, signs, and grounds mainte-
nance;
(C) allow the Secretary to have all nec-
essary ingress and egress over the property of the
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Board to access Department of Commerce build-
ing and related facilities, equipment, improve-
ments, modifications, and alterations; and
(D) not erect or allow to be erected any
structure or structures or obstruction of whatever
kind that will interfere with the access to or op-
eration of property retained for the United
States under subsection (c)(1), unless prior writ-
ten consent has been provided by the Secretary
to the Board.
(c) RETAINED INTERESTS.—The Secretary shall retain
for the United States—
(1) all right, title, and interest in and to the
portion of the property referred to in subsection (a)
comprising Building 86, identified as Parcel C on
Exhibit A of the license referred to in subsection (a),
including all facilities, equipment, fixtures, improve-
ments, modifications, or alterations made by the Sec-
retary;
(2) rights-of-way and easements that are deter-
mined by the Secretary to be reasonable and conven-
ient to ensure all necessary ingress, egress, utilities,
drainage, and sewage disposal for the property re-
tained under paragraph (1), including access to the
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existing boat launch ramp (or equivalent) and park-
ing that is suitable to the Secretary;
(3) the exclusive right to install, maintain, re-
pair, replace, and remove its facilities, fixtures, and
equipment on the retained property, and to authorize
other persons to take any such action;
(4) the right to grade, condition, and install
drainage facilities, and to seed soil on the retained
property, if necessary; and
(5) the right to remove all obstructions from the
retained property that may constitute a hindrance to
the establishment and maintenance of the retained
property.
(d) EQUIVALENT ALTERNATIVE.—
(1) IN GENERAL.—At any time, either the Sec-
retary or the Board may request of each other to enter
into negotiations pursuant to which the Board may
convey if appropriate to the United States, in ex-
change for property conveyed by the United States
under subsection (a), another building that is equiva-
lent in function to the property retained under sub-
section (c) that is acceptable to the Secretary.
(2) LOCATION.—Property conveyed by the Board
under this subsection is not required to be located on
the property referred to in subsection (a).
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(3) COSTS.—If the Secretary and the Board en-
gage in a property exchange under this subsection, all
costs for repair, removal, and moving of facilities,
equipment, fixtures, improvements, modifications, or
alterations, including power, control, and utilities,
that are necessary for the exchange—
(A) shall be the responsibility of the Sec-
retary, if the action to seek an equivalent alter-
native was requested by the Secretary in re-
sponse to factors unrelated to the activities of the
Board or its operatives in the operation of its fa-
cilities; or
(B) shall be the responsibility of the Board,
if the Secretary’s request for an equivalent alter-
native was in response to changes or modifica-
tions made by the Board or its operatives that
adversely affected the Secretary’s interest in the
property retained under subsection (c).
(e) ADDITIONAL CONDITIONS.—As conditions of any
conveyance under subsection (a)—
(1) the Secretary shall require that—
(A) the Board remediate, or have remedi-
ated, at its sole cost, all hazardous or toxic sub-
stance contamination found on the property con-
veyed under subsection (a), whether known or
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(B) remove facilities, equipment, fixtures,
improvements, modifications, or alterations and
restore the property to as good a condition as ex-
isted at the time the property was retained
under subsection (c), taking into account ordi-
nary wear and tear and exposure to natural ele-
ments or phenomena; or
(C) surrender all facilities, equipment, fix-
tures, improvements, modifications, or alter-
ations to the Board in lieu of restoration, where-
upon title shall vest in the Board of Trustees,
and whereby all obligations of restoration under
this subsection shall be waived, and all interests
retained under subsection (c) shall be revoked.
(f) REVERSIONARY INTEREST.—
(1) IN GENERAL.—All right, title, and interest in
and to all property and interests conveyed by the
United States under this section shall revert to the
United States on the date on which the Board uses
any of the property for any purpose other than the
purposes described in subsection (b)(1).
(2) 
ADMINISTRATION
OF
REVERTED
PROP-
ERTY.—Any property that reverts to the United
States under this subsection shall be under the admin-
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istrative jurisdiction of the Administrator of General
Services.
(3) ANNUAL CERTIFICATION.—One year after the
date of a conveyance made pursuant to subsection (a),
and annually thereafter, the Board shall certify to the
Administrator of General Services or his or her des-
ignee that the Board and its designees are in compli-
ance with the conditions of conveyance under sub-
sections (b) and (e).
(g) DEFINITIONS.—In this section:
(1) BOARD.—The term ‘‘Board’’ means the
Board of Trustees of the California State University.
(2) CENTER.—The term ‘‘Center’’ means the
Romberg Tiburon Center for Environmental Studies
at San Francisco State University.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
SEC. 703. ARCTIC RESEARCH CENTER.
(a) ESTABLISHMENT.—The Secretary of Commerce, in
consultation with the Secretaries of Energy and the Inte-
rior, the Director of the National Science Foundation, and
the Administrator of the Environmental Protection Agency,
shall establish a joint research facility, to be known as the
Barrow Arctic Research Center, to support climate change
and other scientific research activities in the Arctic.
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(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretaries of Com-
merce, Energy, and the Interior, the Director of the Na-
tional Science Foundation, and the Administrator of the
Environmental Protection Agency, $35,000,000 for the
planning, design, construction, and support of the Barrow
Arctic Research Center.
SEC. 704. EMERGENCY ASSISTANCE FOR SUBSISTENCE
WHALE HUNTERS.
Notwithstanding any provision of law, the use of a ves-
sel to tow a whale taken in a traditional subsistence whale
hunt permitted by Federal law and conducted in waters off
the coast of Alaska is authorized, if such towing is per-
formed upon a request for emergency assistance made by
a subsistence whale hunting organization formally recog-
nized by an agency of the United States Government, or
made by a member of such an organization, to prevent the
loss of a whale.
SEC. 705. INTERNATIONAL PACIFIC RESEARCH AND CO-
OPERATION.
The Secretary of Commerce, in cooperation with the
Administrator of the National Aeronautics and Space Ad-
ministration, shall conduct international research in the
Pacific region that will increase understanding of the na-
ture and predictability of climate variability in the Asia-
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Pacific sector, including regional aspects of global environ-
mental change. Such research activities shall be conducted
in cooperation with other nations of the region. There are
authorized to be appropriated for purposes of this section
$3,500,000 to the National Oceanic and Atmospheric Ad-
ministration.
SEC. 706. TREATY ON PACIFIC COAST ALBACORE TUNA.
(a) FOREIGN FISHING UNDER TREATY; IMPLEMENTA-
TION.—Section 201 of the Magnuson-Stevens Fishery con-
servation and Management Act (16 U.S.C. 1821) is amend-
ed by adding at the end the following:
‘‘(j) TREATY ON PACIFIC COAST ALBACORE TUNA VES-
SELS.—
‘‘(1) Notwithstanding subsection (a) and section
307(2)(B), foreign fishing may be conducted pursuant
to the Treaty between the Government of the United
States of America and the Government of Canada on
Pacific Coast Albacore Tuna Vessels and Port Privi-
leges, signed May 26, 1981,and any amendments
thereto.
‘‘(2) The Secretary of Commerce may promulgate
regulations necessary to discharge Federal obligations
under the Treaty between the Government of the
United States of America and the Government of
Canada on Pacific Coast Albacore Tuna Vessels and
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Port Privileges, signed May 26, 1981, including its
Annexes and any amendments thereto. The proposed
rulemaking and public participation requirements of
section 553 of title 5, United States Code, shall not
apply to collection of information or recordkeeping re-
quirements established by regulations promulgated
under this subsection.’’.
(b) TECHNICAL AMENDMENT.—Section 307(2)(B) of
such Act (16 U.S.C. 1857(2)(B)) is amended by striking
‘‘201(i),’’ and inserting ‘‘201(i) and foreign fishing per-
mitted under section 201(j),’’.
SEC. 707. AUTHORITY TO ACCEPT VOLUNTEER SERVICES.
Section 303 (33 U.S.C. 892a) is amended by adding
at the end the following:
‘‘(d) AUTHORITY TO ACCEPT VOLUNTEER SERVICES.—
To help fulfill the duties of the Administrator, including
authorities under the Act of 1947 (33 U.S.C. 883a et seq.),
this Act, or in response to a maritime emergency, the Ad-
ministrator may—
‘‘(1) establish a volunteer program;
‘‘(2) enter into special agreements with qualified
organizations to assist in the implementation of a
volunteer program; and
‘‘(3) provide funding under the special agree-
ment to the qualified organization for the purposes of
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assisting in the administration of the volunteer pro-
grams and for procuring and maintaining insurance
or other coverage for the organization and its mem-
bers when conducting volunteer activities.
‘‘(e) LEGAL STATUS OF VOLUNTEERS.—Paragraphs
(1) through (5) of section 7(c) of the Fish and Wildlife Act
of 1956 (16 U.S.C. 742f(c)) shall apply to volunteers pro-
viding services to the Administrator under subsection (c)
of this section, except that any reference in that section to
the Secretary of the Interior or the Secretary of Commerce
shall be deemed to refer to the Administrator.
‘‘(f) QUALIFIED ORGANIZATION.—In this section, the
term ‘qualified organization’ means a non-governmental,
not-for-profit organization, determined by the Adminis-
trator to have demonstrated expertise in boating safety and
a commitment to improving the quality of hydrographic
services and related oceanographic and meteorological in-
formation that is made available to mariners.’’.
Attest:
Secretary.