I
107TH CONGRESS
1ST SESSION
H. R. 2376
To expedite relief provided under the Magnuson-Stevens Fishery Conservation
and Management Act for the commercial fishery failure in the Pacific
Coast Groundfish Fishery, to improve fishery management and enforce-
ment in that fishery, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 28, 2001
Mrs. CAPPS (for herself, Ms. HOOLEY of Oregon, Mr. DEFAZIO, Mr. THOMP-
SON of California, Mr. FARR of California, and Mr. WU) introduced the
following bill; which was referred to the Committee on Resources, and in
addition to the Committees on Ways and Means, and Armed Services, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To expedite relief provided under the Magnuson-Stevens
Fishery Conservation and Management Act for the com-
mercial fishery failure in the Pacific Coast Groundfish
Fishery, to improve fishery management and enforcement
in that fishery, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Pacific Coast Ground-
fish Fishery Preservation Act’’.
SEC. 2. PILOT PROJECT FOR CHARITABLE DONATION OF
BYCATCH.
(a) IN GENERAL.—The Secretary of Commerce shall
initiate a pilot project under which fishermen in a com-
mercial fishery covered by the West Coast groundfish fish-
ery are permitted to donate bycatch, or regulatory dis-
cards, of fish to charitable organizations rather than dis-
card them. The pilot project shall incorporate a means,
through the requirement of on-vessel observers or other
safeguards, of ensuring that the opportunity to donate
such fish does not encourage or permit the evasion of per-
vessel trip limits, total allowable catch limits, or other fish-
ery management plan measures.
(b) REPORTS.—
(1) INITIATION.—The Secretary shall notify the
Congress, within 90 days after the date of enact-
ment of this Act and before the pilot project is im-
plemented, of—
(A) the fishing season in which the pilot
project will be conducted; and
(B) the period during which the pilot
project will be conducted.
(2) FOLLOW-UP.—Within 90 days after the
pilot project terminates the Secretary shall submit to
the Congress a report containing findings with re-
spect to the pilot project and the Secretary’s anal-
ysis of the ramifications of the pilot project based on
those findings.
SEC. 3. REPORT ON DISASTER ASSISTANCE FOR PACIFIC
COAST GROUNDFISH FISHERY.
The Secretary shall report to the Congress no later
than 45 days after the date of enactment of this Act the
action or actions taken under section 312(a) of the Mag-
nuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1861a(a)) to provide disaster relief to fishing
communities affected by the commercial fishery failure in
the Pacific Coast groundfish fishery. The Secretary shall
include in the report any recommendations the Secretary
deems appropriate for additional legislation or changes in
existing law that would enable the Department of Com-
merce to respond more expeditiously in the future to fish-
eries disasters resulting from commercial fishery failures.
SEC. 4. CAPACITY REDUCTION IN THE PACIFIC COAST
GROUNDFISH FISHERY.
(a) IN GENERAL.—The Secretary of Commerce shall,
after notice and an opportunity for public comment, adopt
regulations to implement a fishing capacity reduction plan
for the Pacific Coast Groundfish fishery under section
312(b) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1861a(b)) that—
(1) has been developed in consultation with af-
fected parties whose participation in the plan is re-
quired for its successful implementation;
(2) will obtain the maximum sustained reduc-
tion in fishing capacity at the least cost through the
use of a reverse auction process in which vessels and
permits are purchased;
(3) will not expand the size or scope of the com-
mercial fishery failure in that fishery or into other
fisheries or other geographic regions;
(4) except as otherwise specifically provided in
this section, meets the requirements of that section;
and
(5) incorporates the components described in
subsection (c) of this section.
(b) EXPEDITED ADOPTION OF PLAN.—In carrying
out subsection (a), the Secretary—
(1) shall publish notice in the Federal Register
within 30 days after the date of enactment of this
Act of implementation of the fishing capacity reduc-
tion plan;
(2) provide for public comment for a period of
60 days after publication; and
(3) adopt final regulations to implement the
plan within 45 days after the close of the public
comment period under paragraph (2).
(c) PLAN COMPONENTS.—The fishery capacity re-
duction plan shall—
(1) provide for a significant reduction in the
fishing capacity in the Pacific Coast groundfish fish-
eries;
(2) permanently revoke all State and Federal
fishery licenses, fishery permits, area and species en-
dorsements, and any other fishery privileges for
West Coast groundfish, Pacific pink shrimp, Dunge-
ness crab, and Pacific salmon (troll permits only)
issued to a vessel or vessels (or to persons on the
basis of their operation or ownership of that vessel
or vessels) for which a Pacific Coast groundfish fish-
eries reduction permit is issued under section
600.1011(b) of title 50, Code of Federal Regula-
tions;
(3) ensure that the Secretary of Transportation
is notified of each vessel for which a reduction per-
mit is surrendered and revoked under the program,
with a request that such Secretary permanently re-
voke the fishery endorsement of each such vessel and
refuse permission to transfer any such vessel to a
foreign flag under subsection (f) of this section;
(4) ensure that vessels removed from the Pa-
cific Coast groundfish fisheries under the program
are made permanently ineligible to participate in any
fishery worldwide, and that the owners of such ves-
sels contractually agree that such vessels will operate
only under the United States flag or be scrapped as
a reduction vessel pursuant to section 600.1011(c)
of title 50, Code of Federal Regulations;
(5) ensure that vessels removed from the Pa-
cific Coast groundfish fisheries, the owners of such
vessels, and the holders of fishery permits for such
vessels forever relinquish any claim associated with
such vessel, permits, and any catch history associ-
ated with such vessel or permits that could qualify
such vessel, vessel owner, or permit holder for any
present or future limited access system fishing per-
mits in the United States fisheries based on such
vessel, permits, or catch history; and
(6) notwithstanding section 1111(b) of the Mer-
chant 
Marine 
Act, 
1936 
(46 
U.S.C. 
App.
1279f(b)(4)), establish a repayment period for the
reduction loan of not less than 30 years.
(d) FUNDING FOR BUYBACK OF VESSELS AND PER-
MITS.—
(1) IN GENERAL.—There shall be available to
the Secretary to complete the purchase of vessels
and permits under the fishery capacity reduction
plan the sum of $50,000,000, of which—
(A) $25,000,000 shall be from amounts
appropriated to the Secretary for this purpose
(the appropriation of which is hereby authorized
for fiscal year 2002, with any amounts not ex-
pended in fiscal year 2002 to remain available
until expended); and
(B) $25,000,000 shall be from an industry
fee system established under subsection (e).
(2) ADVANCE OF INDUSTRY FEE PORTION.—
The industry fee portion under paragraph (1)(B) for
fiscal year 2002 and thereafter shall be financed by
a reduction loan under sections 1111 and 1112 of
title XI of the Merchant Marine Act, 1936 (46
U.S.C. App. 1279f and 1279g).
(e) INDUSTRY FEES.—
(1) IN GENERAL.—As part of the fishery capac-
ity reduction plan, the Secretary shall establish an
industry fee system under section 312(d) of the
Magnuson-Stevens Fishery Conservation and Man-
agement Act (16 U.S.C. 1861a(d)) to generate rev-
enue to repay the loan provided under subsection
(d)(2).
(2) ALLOCATION
OF
FEES.—The Secretary
shall allocate the fees payable under the industry fee
system among—
(A) holders of Pacific Coast groundfish
permits,
(B) holders of Washington, Oregon, and
California pink shrimp fishing permits,
(C) holders of Washington, Oregon, and
California salmon trolling permits, and
(D) holders of Washington, Oregon, and
California Dungeness crab fishing permits,
so that the percentage of the revenue generated by
the fee system from holders of each kind of permit
will correspond to the percentage of the total
amount paid under buyback program for that kind
of permit.
(f) DUTIES OF SECRETARY OF TRANSPORTATION.—
(1) REVOCATION OF ENDORSEMENT.—The Sec-
retary of Transportation shall, upon notification and
request by the Secretary, for each vessel identified in
such notification and request—