cies of fish within the exclusive economic zone of the
United States can be achieved by the design and im-
plementation of discrete, scientifically based time-
area closures for pelagic longline fishing.
(7) A credible, scientifically based time-area clo-
sure for pelagic longline fishing that would achieve
reductions in the bycatch and mortality of overfished
highly migratory species within the United States
exclusive economic zone will provide a model for ap-
plying the same conservation concept more broadly
in international waters through ICCAT in further
pursuit of the goal of rebuilding the stocks of these
species.
(8) The time-area closures for pelagic longline
fishing within the United States exclusive economic
zone that will achieve the conservation objectives for
swordfish, billfish, and large coastal sharks in the
Atlantic Ocean and Gulf of Mexico and that will re-
duce conflicts between commercial and recreational
fishermen will result in harmful economic impacts on
United States commercial fishermen who engage in
pelagic longline fishing, as well as their families.
Such harmful economic impacts can be offset by a
fair and equitable buyout of the permits and licenses
of certain pelagic longline fishing vessels.
(9) There is a great need for the National Ma-
rine Fisheries Service to conduct additional scientific
research, in cooperation with pelagic longline fishing
vessels, to identify the uses and configurations of pe-
lagic longline fishing gear that are most effective in
reducing bycatch.
SEC. 3. PURPOSES.
The Congress declares that the purposes of this Act
are—
(1) to expand the scientific knowledge and un-
derstanding of Atlantic highly migratory species and
the fisheries of the United States, including rec-
reational and commercial research, both design and
deployment;
(2) to contribute to the conservation and re-
building of overfished stocks of highly migratory spe-
cies, including North Atlantic swordfish, Atlantic
white marlin, Atlantic blue marlin, Atlantic sailfish/
spearfish, and Atlantic large coastal sharks, through
reductions in mortality and the protection of those
nursery and spawning areas that may occur within
the exclusive economic zone of the United States, to
levels that will produce maximum sustainable yield,
in compliance with United States obligations under
the International Convention for the Conservation of
Atlantic 
Tunas 
and 
consistent 
with 
section
301(a)(1) of the Magnuson-Stevens Act (16 U.S.C.
1851(a)(1)) and section 304 of the Magnuson-Ste-
vens Act (16 U.S.C. 1854);
(3) to minimize socio-economic impacts on
United States commercial fishermen and their fami-
lies, consistent with section 301(a)(8) of the Magnu-
son-Stevens Act (16 U.S.C. 1851(a)(8)) and the re-
quirements of chapter 6 of title 5, United States
Code (popularly known as the Regulatory Flexibility
Act), resulting from the conservation actions taken
under this Act;
(4) to ensure a sustainable fishery and a sus-
tainable United States pelagic longline fishery for
the future;
(5) to minimize both bycatch, including regu-
latory discards, consistent with the Magnuson-Ste-
vens Act and the international obligations of the
United States, and marine mammal and sea turtle
mortality as required by the Marine Mammal Pro-
tection Act of 1972 and the Endangered Species Act
of 1973;
(6) to support and encourage the United States
Government’s efforts to obtain international agree-
ments that provide for effective fishery conservation
and management consistent with the policies set
forth in section 2(c) of the Magnuson-Stevens Act
(16 U.S.C. 1801(c)) and to provide the necessary
leadership for achieving greater international con-
servation of highly migratory species;
(7) to reduce conflicts within the exclusive eco-
nomic zone of the United States between the pelagic
longline and recreational fisheries for highly migra-
tory species; and
(8) to minimize bycatch, and to the extent pos-
sible, to prevent displacement of fishing effort result-
ing from the conservation actions under this Act.
SEC. 4. POLICY.
It is declared to be the policy of the Congress in this
Act that, consistent with the Magnuson-Stevens Act, all
United States fishermen shall be treated fairly in achiev-
ing national and international fishery conservation and
management objectives and obligations for highly migra-
tory species of the Atlantic Ocean and Gulf of Mexico.
SEC. 5. DEFINITIONS.
In this Act, the following definitions apply:
(1) AFFECTED
STATE.—The term ‘‘affected
State’’ means any of the following States: South
Carolina, Georgia, Florida, Alabama, Mississippi,
Louisiana, and Texas.
(2) BILLFISH.—The term ‘‘billfish’’ means blue
marlin, spearfish, sailfish, and white marlin.
(3) BYCATCH.—The term ‘‘bycatch’’ means fish
that are harvested in a fishery, but that are not sold
or kept for personal use, and includes economic dis-
cards and regulatory discards. The term does not in-
clude fish released alive under a recreational catch
and release fishery management program.
(4) COMMERCIAL
FISHING.—The term ‘‘com-
mercial fishing’’ means fishing in which the fish har-
vested, either in whole or in part, are intended to
enter commerce through sale, barter, or trade.
(5) ELIGIBLE PERMIT HOLDER.—The term ‘‘el-
igible permit holder’’ means the person or group of
persons who, on the date of enactment of this Act,
holds the Directed Swordfish Limited Access Permit
that was issued based on the landings of an eligible
vessel.
(6) ELIGIBLE VESSEL.—The term ‘‘eligible ves-
sel’’ means each vessel listed in section 7(a) of this
Act.
(7) FISH.—The term ‘‘fish’’ means finfish, mol-
lusks, crustaceans, and all other forms of marine
animal and plant life other than marine mammals
and birds.
(8) FISHING.—The term ‘‘fishing’’ means—
(A) the catching, taking, or harvesting of
fish;
(B) the attempted catching, taking, or har-
vesting of fish;
(C) any other activity which can reason-
ably be expected to result in the catching, tak-
ing, or harvesting of fish; or
(D) any operations at sea in support of, or
in preparation for, any activity described in
subparagraphs (A) through (C).
The term does not include any scientific research ac-
tivity that is authorized by the Secretary.
(9) FISHING VESSEL.—The term ‘‘fishing ves-
sel’’ means any vessel, boat, ship, or other craft
which is used for, equipped to be used for, or of a
type which is normally used for—
(A) fishing; or
(B) aiding or assisting one or more vessels
at sea in the performance of any activity relat-
ing to fishing, including but not limited to prep-
aration, supply, storage, refrigeration, transpor-
tation, or processing.
(10) GEODESIC.—The term ‘‘geodesic’’ means
the shortest line between two points that lies on the
surface of the Earth.
(11) HIGHLY MIGRATORY SPECIES.—The term
‘‘highly migratory species’’ means tuna species, bill-
fish, oceanic sharks, and swordfish.
(12) ICCAT.—The term ‘‘ICCAT’’ means the
International Commission for the Conservation of
Atlantic Tunas.
(13) MAGNUSON-STEVENS
ACT.—The term
‘‘Magnuson-Stevens Act’’ means the Magnuson-Ste-
vens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(14) MSY.—The term ‘‘MSY’’ means maximum
sustainable yield.
(15) MID-ATLANTIC BIGHT.—The term ‘‘mid-
Atlantic bight’’ means all waters of the Atlantic
Ocean north of 35 degrees north latitude and west
of 71 degrees west longitude.
(16) OBSERVER.—The term ‘‘observer’’ has the
meaning that term has in the Magnuson-Stevens Act
(16 U.S.C. 1801 et seq.).
(17) OVERFISHED.—The term ‘‘overfished’’ has
the meaning that term has in the Magnuson-Stevens
Act (16 U.S.C. 1801 et seq.).
(18) PELAGIC LONGLINE FISHING.—The term
‘‘pelagic longline fishing’’ means a method of fishing
that uses any fishing gear consisting of a length of
line suspended horizontally in the water above the
bottom from lines attached to surface floats and to
which gangions and hooks are attached and are used
to target pelagic species.
(19) PERSON.—The term ‘‘person’’ means any
individual, corporation, partnership, association, or
other entity (whether or not organized or existing
under the laws of any State).
(20) RECREATIONAL FISHING.—The term ‘‘rec-
reational fishing’’ means fishing for sport or pleas-
ure.
(21) RECORD ADDRESS.—The term ‘‘record ad-
dress’’ means the address of record for each permit
holder and swordfish dealer as maintained in the
National Marine Fisheries Service’s databases.
(22) SCRS.—The term ‘‘SCRS’’ means the
Standing Committee on Research and Statistics of
ICCAT.
(23) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce or a designee of
such Secretary.
(24) SWORDFISH DEALER.—The term ‘‘sword-
fish dealer’’ means any person, including foreign
dealers in the territory of the United States, who
purchases, trades for, or barters for the receipt of
any Atlantic swordfish (whether imported or domes-
tic and regardless of origin) for any commercial pur-
pose (including selling, trading, or bartering such
swordfish to others).
SEC. 6. CLOSURE OF HIGHLY MIGRATORY SPECIES CON-
SERVATION ZONES.
(a) ATLANTIC CONSERVATION ZONE FOR HIGHLY
MIGRATORY SPECIES.—No person may engage in pelagic
longline fishing in the Atlantic Conservation Zone For
Highly Migratory Species. For purposes of this subsection,
such zone is the area of the exclusive economic zone, sea-
ward of the baseline from which the territorial sea is meas-
ured, and shoreward of the outer boundary of the exclusive
economic zone that is enclosed by a series of geodesics con-
necting in succession the points at the following coordi-
nates:
(1) 26 degrees 30 minutes north latitude, 82
degrees 0 minutes west longitude.
(2) 24 degrees 0 minutes north latitude, 82 de-
grees 0 minutes west longitude.
(3) 24 degrees 0 minutes north latitude, 81 de-
grees 08 minutes west longitude.
(4) 27 degrees 52 minutes north latitude, 79
degrees 30 minutes west longitude.
(5) 31 degrees 0 minutes north latitude, 79 de-
grees 0 minutes west longitude.
(6) 33 degrees 0 minutes north latitude, 76 de-
grees 30 minutes west longitude.
(7) 33 degrees 51 minutes north latitude, 78
degrees 23 minutes west longitude.
(b) GULF OF MEXICO CONSERVATION ZONE FOR
SWORDFISH.—Every year, during the period of January
1 through Memorial Day, no person may engage in pelagic
longline fishing in the Gulf of Mexico Conservation Zone
For Swordfish. For purposes of this subsection, such zone
is the area of the exclusive economic zone enclosed by a
series of geodesics connecting in succession the points at
the following coordinates:
(1) 30 degrees 0 minutes north latitude, 87 de-
grees 30 minutes west longitude.
(2) 30 degrees 0 minutes north latitude, 86 de-
grees 0 minutes west longitude.
(3) 29 degrees 0 minutes north latitude, 86 de-
grees 0 minutes west longitude.
(4) 29 degrees 0 minutes north latitude, 87 de-
grees 30 minutes west longitude.
(c) GULF OF MEXICO CONSERVATION ZONE FOR
HIGHLY MIGRATORY SPECIES.—During the period that
begins on the first Memorial Day after the effective date
of this Act and continues through Labor Day of the same
calendar year, and during the period of Memorial Day
through Labor Day in each of the next 4 calendar years,
no person may engage in pelagic longline fishing in the
Gulf of Mexico Conservation Zone For Highly Migratory
Species. For purposes of this subsection, such zone is the
area of the exclusive economic zone seaward of the base-
line from which the territorial sea is measured, that is en-
closed by a series of geodesics connecting in succession
the points at the following coordinates:
(1) 26 degrees 0 minutes north latitude, 97 de-
grees 10 minutes west longitude (at approximately
the border between the United States and Mexico).
(2) 26 degrees 0 minutes north latitude, 96 de-
grees 0 minutes west longitude.
(3) 27 degrees 30 minutes north latitude, 94
degrees 30 minutes west longitude.
(4) 27 degrees 30 minutes north latitude, 90
degrees 0 minutes west longitude.
(5) 28 degrees 0 minutes north latitude, 90 de-
grees 0 minutes west longitude.
(6) 28 degrees 0 minutes north latitude, 89 de-
grees 30 minutes west longitude.
(7) 29 degrees 0 minutes north latitude, 87 de-
grees 30 minutes west longitude.
(8) 29 degrees 0 minutes north latitude, 86 de-
grees 0 minutes west longitude.
(9) 29 degrees 40 minutes north latitude, 85
degrees 20 minutes west longitude (at Cape San
Blas, Florida).
(d) MID-ATLANTIC BIGHT CONSERVATION ZONE.—
Every year, during the period of June 1 through Sep-
tember 30, no person may engage in pelagic longline fish-
ing in the Mid-Atlantic Bight Conservation Zone. For pur-
poses of this subsection, such zone is all waters of the ex-
clusive economic zone in the Atlantic Ocean north of 35
degrees north latitude and west of 71 degrees west lon-
gitude.
(e) SCIENTIFIC RESEARCH EXCEPTION.—The re-
strictions under this section on fishing do not apply to pe-
lagic longline fishery research authorized by the Secretary.
No fish caught under the research program may be sold
unless authorized by the Secretary.
SEC. 7. PELAGIC LONGLINE FISHING VESSEL PERMIT
HOLDER COMPENSATION PROGRAM.
(a) VOLUNTARY COMPENSATION PROGRAM.—
(1) IN GENERAL.—The Secretary shall conduct
a voluntary Pelagic Longline Vessel Permit Holder
Compensation Program, under which the Secretary
shall buy in accordance with this section Directed
Swordfish Initial Limited Access Permits and Tuna
Longline Permits with Incidental Swordfish and
Shark that are in effect under the Magnuson-Ste-
vens Act from each eligible permit holder, by paying
to the eligible permit holder the applicable com-
pensation amount under subsection (d).
(2) ELIGIBLE
PERMIT
HOLDERS.—A person
who is the holder of a permit referred to in para-
graph (1) shall be an eligible permit holder for pur-
poses of this section if the Secretary determines,
based on National Marine Fisheries Service data,
that the person—
(A) reported that at least 35 percent of
their vessel’s annual fishing sets in any one
year in the years 1992 through 1998 were con-
ducted in 1 of the areas closed to fishing under
section 6;
(B) reported having conducted at least 25
pelagic longline gear sets in that year;
(C) reported that at least 50 percent of the
person’s landings in the period 1995 through
1998 were comprised of pelagic longline target
species, including any combination of swordfish,
tunas, mahi-mahi, escolar, and oceanic sharks;
and
(D) qualify for a Directed Swordfish Initial
Limited Access Permit or a Tuna Longline Per-
mit with Incidental Swordfish and Shark.
(3) CONSISTENCY
WITH
MAGNUSON-STEVENS
ACT.—To ensure its effectiveness and equity, such
program shall be carried out consistent with the
standards for capacity reduction programs under
section 312(b) of the Magnuson-Stevens Act (16
U.S.C. 1861a(b)).
(b) INELIGIBILITY DUE
TO PERMIT
OR VESSEL
TRANSFER AFTER NOVEMBER 10, 1999.—The Secretary
shall not purchase a permit under this section if the vessel
authorized to engage in fishing under the permit, or any
Federal fishing permit or license applicable to that vessel,
is transferred to a different person after November 10,
1999.
(c) COMPENSATION NOTIFICATION.—No later than
15 days after the date of enactment of this Act, the Sec-
retary shall, by certified mail return receipt requested, ad-
dressed to each eligible permit holder, notify each eligible
permit holder of—
(1) the compensation provisions of this Act; and
(2) any other compensation instructions or
guidance that the Secretary may establish within
such 15-day period other than by rule.
(d) COMPENSATION AMOUNT.—
(1) IN GENERAL.—The compensation amount
shall be a payment of—
(A) $50,000 per eligible permit holder;
plus
(B) for each eligible permit holder that re-
ported to the National Marine Fisheries Service
any landings of highly migratory species by any
vessel authorized to be used for fishing under
the permit or permits for which the payment is
made for the period beginning on January 1,
1999, and ending on October 1, 1999, a land-
ing payment that the Secretary determines in
accordance with subsection (e).
(2) REDUCTION.—The compensation amount
determined under paragraph (1) shall be reduced by
the amount of any lien, judgment, or other such
final obligation due the United States from the eligi-
ble permit holder. Before making payment under
this section, the Secretary shall identify all such out-
standing obligations with respect to an eligible per-
mit holder and notify that person of the amount of
the reduction under this paragraph and the obliga-
tions taken into account.
(e) LANDING PAYMENT DETERMINATION.—The Sec-
retary’s determinations of all landing payments under sub-
section (d) shall be final and shall be made as follows:
(1) The basis for each landing payment shall be
the gross ex-vessel value of all fish (regardless of
species) landed by the eligible vessel during any 1
calendar year in the period beginning with the cal-
endar year 1992 and ending with calendar year
1998.
(2) The amount of each landing payment shall
be 100 percent of such basis, up to $400,000.
(3) No later than 75 days after the date of en-
actment of this Act each permit holder who desires
to be compensated under this section must—
(A) advise the Secretary which single cal-
endar year from 1992 through 1998 the permit
holder chooses pursuant to paragraph (1) as
the basis for the permit holder’s landing pay-
ment; and
(B) submit to the Secretary the permit
holder’s documentation for the gross ex-vessel
value of all fish (regardless of species) landed
by the eligible vessel during the basis year cho-
sen, that—
(i) is the form of trip tickets or any
relevant criteria required by the Secretary
to verify eligibility (or other landing docu-
mentation issued by the first ex-vessel fish
buyer or buyers) for the eligible vessel that
clearly establishes on their face the identity
and location of the first fish buyer;
(ii) states each vessel from which the
fish was bought;
(iii) states the date the fish was
bought, and how many pounds of each spe-
cies of fish was bought; and
(iv) states how much per pound the
landing vessel was paid for each species of
fish bought (no other documentation shall
be acceptable); or
(C) advise the Secretary that the permit
holder does not possess adequate documentation
and, consequently elects to have the Secretary
calculate a default landing payment.
(4) If the permit holder submits adequate docu-
mentation the Secretary shall use it to calculate the
landing payment. If the permit holder elects to have
the Secretary calculate a default landing payment
(or submits inadequate documentation), the Sec-
retary shall calculate a default payment by applying
average ex-vessel prices (where possible, for each
month of landing and State or area of landing as
maintained in the National Marine Fisheries Serv-
ice’s databases) to each pound of species of fish
landed by the permit holder’s eligible vessel during
the basis year that the permit holder chooses.
(f) COMPENSATION OFFER.—No later than 135 days
after the date of enactment of this Act, the Secretary
shall, by certified mail return receipt requested, addressed
to each eligible permit holder at its record address, offer
each eligible permit holder compensation for an amount
determined in accordance with this section. The Sec-
retary’s offer shall be final and not subject to negotiation
or counteroffer.
(g) COMPENSATION OFFER ACCEPTANCE.—
(1) IN GENERAL.—Each eligible permit holder
who desires to be compensated in accordance with
this Act must accept the Secretary’s compensation
offer no later than 165 days after the date of enact-
ment of this Act. Such acceptance—
(A) must be in writing signed by the per-
mit holder or permit holder’s duly authorized
representative and delivered to the Chief, Fi-
nancial Services Division, National Marine
Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910–3282, and the ac-
ceptance letter shall include any necessary di-
rect wire transfer instructions;
(B) shall constitute the permit holder’s ir-
revocable consent for all other restrictions that
this Act permanently requires with respect to
the eligible vessel, and all such restrictions shall
apply to the permit holder on and after the ef-
fective date under section 6(f); and
(C) shall be accompanied by all commercial
fishing permits and licenses held by the permit
holder that are applicable to the eligible vessel.
(2) DELIVERY BY MAIL.—If the acceptance is
mailed, it must be mailed by certified mail return re-
ceipt requested. The Secretary shall consider the
date of acceptance to be the date on which it was
mailed.