I
106TH CONGRESS
2D SESSION
H.R. 4773
To provide for the conservation and rebuilding of overfished stocks of Atlantic
highly migratory species of fish, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 2000
Mr. SAXTON introduced the following bill; which was referred to the
Committee on Resources
A BILL
To provide for the conservation and rebuilding of overfished
stocks of Atlantic highly migratory species of fish, and
for other purposes.
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 ‘‘Atlantic Highly Migra-
tory Species Conservation Act of 2000’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Highly migratory species of fish, including
North Atlantic swordfish, species of Atlantic billfish,
and Atlantic large coastal sharks, are overfished and
require greater conservation as confirmed by recent
scientific assessments. In its most recent analysis,
the Standing Committee on Research and Statistics
of the International Commission for the Conserva-
tion of Atlantic Tunas estimated that a number of
key stocks of highly migratory species have less than
the biomass needed to produce their respective max-
imum sustainable yields. The 1999 SCRS stock as-
sessment estimated that the North Atlantic sword-
fish stock was at 65 percent of the necessary bio-
mass to produce maximum sustainable yield. The
1997 SCRS stock assessment estimated that the At-
lantic blue marlin stock was at 24 percent, and the
Atlantic white marlin stock was at 23 percent, of the
necessary biomass to produce MSY. In its most re-
cent stock assessment for Atlantic sailfish/spearfish,
the SCRS estimated these stocks were at 62 percent
of the necessary biomass to produce MSY. Also, the
National Marine Fisheries Service has identified
North Atlantic swordfish, Atlantic blue marlin, At-
lantic white marlin, Atlantic sailfish/spearfish, and
other highly migratory species of fish as overfished.
(2) A reduction in the mortality of undersized
swordfish will contribute substantially to the rebuild-
ing of North Atlantic swordfish as confirmed by a
1998 SCRS report that expressed ‘‘concern about
the high catches (landings plus discards) of small
swordfish’’ and ‘‘emphasized that gains in the yield
could accrue if fishing mortality on small fish could
be further reduced.’’
(3) In 1998, ICCAT adopted a resolution di-
recting the SCRS to develop options for rebuilding
North Atlantic swordfish to levels that would
produce the maximum sustainable yield, including
alternative methods for reducing small fish mor-
tality, for consideration at the ICCAT meeting in
1999.
(4) Reducing the mortality of species of Atlan-
tic billfish, including Atlantic blue marlin, Atlantic
white marlin, and Atlantic sailfish/spearfish, will
contribute substantially to the rebuilding of these
stocks.
(5) In 1990, ICCAT encouraged its member
states to take appropriate measures within their na-
tional jurisdictions to protect small swordfish, in-
cluding the establishment of time and area closures.
(6) Significant reductions in the mortality of ju-
venile swordfish, Atlantic white marlin, Atlantic blue
marlin, Atlantic sailfish/spearfish, species of Atlantic
large coastal sharks, and other highly migratory spe-
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
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 Magnu-
son-Stevens Act (16 U.S.C. 1851(a)(1)) and section
304 of the Magnuson-Stevens 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) BILLFISH.—The term ‘‘billfish’’ means blue
marlin, spearfish, sailfish, and white marlin.
(2) 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.
(3) 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.
(4) 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 a Directed Swordfish Limited Access Permit
or a Tuna Longline Permit with Incidental Sword-
fish and Shark that was issued based on the land-
ings of an eligible vessel.
(5) ELIGIBLE VESSEL.—The term ‘‘eligible ves-
sel’’ means each vessel listed in section 7(a) of this
Act.
(6) 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.
(7) 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.
(8) 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.
(9) GEODESIC.—The term ‘‘geodesic’’ means
the shortest line between two points that lies on the
surface of the Earth.
(10) HIGHLY MIGRATORY SPECIES.—The term
‘‘highly migratory species’’ means tuna species, bill-
fish, oceanic sharks, and swordfish.
(11) HIGHLY MIGRATORY SPECIES DEALER.—
The term ‘‘highly migratory species 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 (whether imported or
domestic and regardless of origin) Atlantic highly
migratory species for any commercial purpose (in-
cluding selling, trading, or bartering).
(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) 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.
(15) MSY.—The term ‘‘MSY’’ means maximum
sustainable yield.
(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) RECORD ADDRESS.—The term ‘‘record ad-
dress’’ means the address of record for each permit
holder and highly migratory species dealer as main-
tained in the National Marine Fisheries Service’s
databases.
(21) RECREATIONAL FISHING.—The term ‘‘rec-
reational fishing’’ means fishing for sport or pleas-
ure.
(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.
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.
(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.
(3) DELIVERY OTHER THAN BY MAIL.—If ac-
ceptance is delivered by any other means, the Sec-
retary shall consider the date of acceptance to be the
date on which the Secretary first received the ac-
ceptance. The Secretary’s determinations regarding
the timeliness of the acceptance shall be final.
(h) COMPENSATION PAYMENT.—No later than 195
days after the date of enactment of this Act, the Secretary
shall, in accordance with this section, pay compensation
in full to each permit holder whose acceptance of the Sec-
retary’s offer was timely.
(i) FEDERAL LOAN.—Under the authority of title XI
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f
and 1279g), the Secretary shall provide up to $20,000,000
through a direct loan obligation for any payments author-
ized under this section that are not fully paid for by funds
appropriated under subsection (j) of this section. These
payments shall be treated as payments under a fishing ca-
pacity reduction program established under section 312 of
the Magnuson-Stevens Act (16 U.S.C. 1861a). Notwith-
standing subsection (b)(4) of such section 1111, the debt
obligation under this subsection shall have a maturity of
30 years.
(j) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated—
(1) $100,000 for the costs (as that term is de-
fined in section 502 of the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C.
661a)) for the $20,000,000 direct loan authorized
under this section; and
(2) $30,000,000 for the balance of the com-
pensation payments authorized under this section.
(k) BLENDED FUNDING SOURCE.—All funds appro-
priated under subsection (j) shall be available for the pay-
ment authorized under this section and shall be applied
so as to ensure that 40 percent of the cost of such pay-
ments is derived from the direct loan authorized under
this section and 60 percent of the cost of such payments
is derived from funds appropriated for payment under this
section. If any amounts appropriated remain unexpended
and unobligated after all payments are made under this
section, the remainder of such amounts shall be available
for obligation and expenditure for the research program
established under section 12.
SEC. 8. RESTRICTIONS ON VESSELS.
(a) IN GENERAL.—
(1) REVOCATION
OF
FISHING
PERMITS.—All
Federal and State commercial fishing permits and li-
censes held by an eligible permit holder accepting
compensation under section 7 shall be revoked upon
receipt by the Secretary of the letter of acceptance
under section 7(g).
(2) USE
OF
VESSEL
PROHIBITED.—A vessel
that was authorized to engage in fishing under a
permit or license that is revoked under this section
shall never again be used by any person anywhere in
the world (regardless of the national status of such
person) for commercial fishing.
(b) 
INELIGIBILITY
FOR
FISHERIES
ENDORSE-
MENT.—Section 12108(d) of title 46, United States Code,
is amended by inserting ‘‘, or a vessel whose commercial
fishing permits and licenses have been revoked under sec-
tion 8(a)(2) of the Atlantic Highly Migratory Species Con-
servation Act of 2000,’’ before ‘‘is not eligible’’.
(c) TRANSFER TO FOREIGN OWNERSHIP OR REG-
ISTRY PROHIBITED.—
(1) PROHIBITED TRANSFER.—No person may—
(A) sell, lease, charter, deliver, or in any
manner transfer, or agree to sell, lease, charter,
deliver, or in any manner transfer, to a person
who is not a citizen of the United States, any
interest in or control of a vessel that was au-
thorized to be used to engage in fishing under
a permit or license revoked under this section;
or
(B) place such a vessel under foreign reg-
istry or operate that vessel under the authority
of a foreign country.
(2) VOID EFFECT.—Any sale, lease, charter, de-
livery, or transfer of a vessel, or interest in or con-
trol of a vessel, in violation of this subsection is void.
(d) PENALTIES.—
(1) CRIMINAL
PENALTY.—Any person that
knowingly violates this section, or knowingly submits
false documentation for the landing payment under
section 7, shall be fined under title 18, United
States Code, imprisoned for not more than 5 years,
or both.
(2) FORFEITURE.—A vessel (including its fish-
ing gear, furniture, appurtenances, stores, and
cargo) may be seized by, and forfeited to, the United
States Government if—
(A)(i) the vessel is placed under foreign
registry or operated under the authority of a
foreign country in violation of this section;
(1) the vessel is prohibited under this Act from
engaging in commercial fishing anywhere in the
world;
(2) the vessel is not eligible for any commercial
fishing permit or license, regardless of whether the
permit or license is issued by the Federal Govern-
ment, or a State government or political subdivision
thereof; and
(3) use of the vessel in any commercial fishing
operation may result in Federal civil and criminal
penalties and forfeiture of the vessel and its cargo
and equipment.
SEC. 9. RESTRICTIONS ON COMPENSATED ELIGIBLE PER-
MIT HOLDERS.
Any eligible permit holder who has been compensated
under section 7 is prohibited from reentering the Directed
Swordfish Limited Access Fishery or Atlantic Tuna
Longline Fishery.
SEC. 10. REPAYMENT OF DIRECT LOAN.
(a) IN GENERAL.—There is established a fishery con-
servation fee system, to be administered by the Secretary,
for repayment of the direct loan made under section 7(f).
The commercial share of the loan shall be repaid with fees
received by the United States under subsection (b), and
the recreational share of the loan shall be repaid with fees
received by the United States under subsection (c). Fees
under this section shall be established without regard to
the requirements of section 304 or 312 of the Magnuson-
Stevens Act (16 U.S.C. 1854 and 1861a).
(b) COMMERCIAL SHARE.—
(1) DESCRIPTION.—The commercial share of
the loan made under section 7(f) shall be 50 percent
of the original principal amount of the loan plus all
interest accruing on that 50 percent of the principal
amount.
(2) METHOD
OF
PAYMENT.—The Secretary
shall, for the repayment of the commercial share of
the loan obligation, plus associated interest, estab-
lish a fee, that—
(A) shall be an amount determined by the
Secretary to be sufficient to amortize the com-
mercial share over the loan term of 30 years,
not to exceed five percent of the ex-vessel value
of all Atlantic highly migratory species sold by
highly migratory species dealers;
(B) shall be collected beginning on the
365th day after the date of enactment of this
Act and continue without interruption, regard-
less of the loan’s maturity until such commer-
cial share is fully paid; and
(C) shall be deducted by each highly mi-
gratory species dealer from all proceeds received
from the sale by the dealer of all Atlantic highly
migratory species and shall be accounted for
and forwarded by the dealer to the Secretary in
the following manner:
(i) The fee for all proceeds received
during each month shall be forwarded by
not later than the 15th calendar day of
each month immediately following the
month for which the fees were collected,
and fee payments shall be late if not re-
ceived at the lock box account designated
under clause (iii) by the 20th calendar day
of each such immediately following month.
(ii) All fees forwarded shall include a
settlement sheet that establishes the total
proceeds received during the previous
month, the total pounds of all Atlantic
highly migratory species sold upon which
such receipts were based, and the total fee
forwarded.
(iii) All fees shall be forwarded to a
lock box account that the Secretary shall
designate by a letter to each highly migra-
tory species dealer holding a highly migra-
tory species dealer’s permit at its record
address.
(iv) All fee matters shall be in accord-
ance with such other conditions as the Sec-
retary shall establish, and may amend
from time to time by a letter (but not by
regulation or any other form of notice)
sent to each highly migratory species deal-
er holding a highly migratory species deal-
er’s permit at its record address.
(3) DUTY
OF
PROMPT
NOTIFICATION.—The
Secretary shall immediately notify highly migratory
species dealers and swordfish access permit holders
when the commercial share has been fully repaid and
the collection requirement terminates. This shall be
accomplished by the Secretary’s letter sent to each
highly migratory species dealer, holding a highly mi-
gratory species dealer’s permit and each swordfish
permit holder at its record address.
(4) AUDIT.—The Secretary may at reasonable
times and places conduct audits of highly migratory
species dealers’ books and records to determine com-
pliance with this section. Highly migratory species
dealers shall furnish such books and records as the
Secretary may reasonably require for the conduct of
such audits.
(5) PENALTY
INTEREST
ON
LATE
FEE
PAY-
MENTS.—Highly migratory species dealers shall pay
penalty interest equal to one and one-half percent
the full amount of each late fee payment for each
month, or portion thereof, in which a late fee pay-
ment remains unpaid.
(6) ENFORCEMENT.—The Secretary shall col-
lect all unpaid fees by such manner as the Secretary
considers appropriate, including bringing collection
enforcement actions at law and attaching and liqui-
dating highly migratory species dealers’ assets.
(7) 
CONTINUING
OBLIGATION.—Notwith-
standing that the commercial share of the loan is
not paid in full by the loan’s maturity date, the fee
shall continue without interruption until such time
as the commercial share is paid in full.
(c) RECREATIONAL SHARE.—
(1) DESCRIPTION.—The recreational share of
the loan made under section 7(f) shall be 50 percent
of the original principal amount of the loan plus all
interest accruing on 50 percent of the principal
amount.
(2) METHODS OF PAYMENT.—The recreational
share of the loan obligation, plus associated interest,
shall be repaid through a dedicated fund adminis-
tered by the National Marine Fisheries Service,
through funds currently collected for Atlantic Tuna
permits.
(3) FISHERY CONSERVATION PERMITS.—
(A) ISSUANCE AND SALE.—On the date of
enactment of this Act and thereafter, the Sec-
retary shall issue for $25 each an annual fish-
ery conservation permit to recreational vessels
over 18 feet in length to persons engaged in At-
lantic highly migratory species fishing. These
funds shall be collected in lieu of the current
Atlantic Tuna Permit.
(B) MEANS OF SALE OR ISSUANCE.—The
Secretary—
(i) may, to the extent practicable, au-
thorize the permits to be issued or sold by
a variety of persons, including State agen-
cies, retail dealers, and through convenient
means, including the Internet and toll-free
telephone numbers; and
(ii) may establish procedures for such
persons to account for and forward the
proceeds of sale to the Secretary.
(C) LIMITATION
ON
PERMITTING.—This
highly migratory species permit shall be used to
repay the recreational share of the direct loan
obligation, plus associated interest, and for the
purpose of future buyout programs in over-
fished fisheries.
(4) PROHIBITION.—After the 240th day after
the date of enactment of this Act, no person may en-
gage in recreational fishing for an Atlantic highly
migratory species from a vessel 18 feet or more in
length unless the vessel has been issued a valid fish-
ery conservation permit.
(5) DUTY
OF
PROMPT
NOTIFICATION.—The
Secretary shall immediately notify the Coast Guard,
the heads of the agencies of the States that have re-
sponsibility for marine fishery law enforcement, re-
tail dealers and others who sell fishery conservation
permits under this subsection, and the public when
payment of the recreational share begins. This shall
be accomplished by a Federal Register Notice, direct
communication, and such other means as the Sec-
retary determines are effective and appropriate.
(6) APPLICATION OF FEE PAYMENTS AND FOR
REPAYMENT.—Money received under paragraph (3)
shall be accounted for and paid by the Secretary into
a subaccount of the Treasury established for the re-
payment of the direct loan made under section 6(i)
and for the purposes established under paragraph
(3)(C).
SEC. 11. PROHIBITED ACT UNDER MAGNUSON-STEVENS
ACT.
A person who violates this Act shall, in addition to
any other penalties provided in this Act or elsewhere, be
considered to have committed an act prohibited under sec-
tion 307(1)(A) of the Magnuson-Stevens Act (16 U.S.C.
1857(1)(A)).
SEC. 12. HIGHLY MIGRATORY SPECIES BYCATCH MOR-
TALITY REDUCTION RESEARCH PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—There is estab-
lished within the National Marine Fisheries Service at the
Southeast Fisheries Science Center a Pelagic Longline
Highly Migratory Species Bycatch and Mortality Reduc-
tion Research Program. The Program shall identify and
test a variety of pelagic longline fishing gear configura-
tions and uses, including recreational catch and release,
and determine which of those configurations and uses are
the most effective in reducing billfish bycatch mortality
and oceanic shark and sea turtle mortality in the pelagic
longline fisheries of the Gulf of Mexico and in the Mid-
Atlantic Bight Conservation Zone established under sec-
tion 6. The program shall also include provision for ob-
servers to be placed on pelagic longline fishing vessels for
the purposes of monitoring the fishery and participating
in the research program. To fund the observers, the Sec-
retary shall collect a fee that shall not exceed 1 percent
of the ex-vessel value of fish harvested from Atlantic and
Gulf of Mexico pelagic longline vessels, and shall be col-
lected at either the time of the landing, filing of a landing
report, or sale of such fish during a fishing season in the
last quarter of the calendar year in which the fish is har-
vested.
(b) PROGRAM DESIGN.—The Program design shall
be developed through a scientific workshop organized and
convened by the Southeast Fisheries Science Center of the
National Marine Fisheries Service. Knowledgeable mem-
bers of the pelagic longline fishing sector, the recreational
billfish and tuna sector, and the conservation community,
along with scientists associated with each such entity,
shall be invited to participate on the workshop design
team. The Center shall make its best efforts to ensure that
each such sector is fairly represented on the design team.
The program design shall be submitted to the Secretary
no later than 120 days after the date of enactment of this
Act and shall include a statistically significant rec-
ommendation for the level of observer coverage on pelagic
longline fishing vessels that is necessary to monitor the
fishery effectively and participate in the research program.
The Secretary shall aggressively monitor the mid-Atlantic
bight during the months it is open to pelagic longline fish-
ing to determine if there has been a substantial net in-
crease in the number of vessels or effort from the remain-
ing pelagic longline fleet and whether that net increase
is negatively impacting billfish, shark, and turtle bycatch.
If the Secretary so finds, the Secretary shall immediately
report the finding to the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Resources of the House of Representatives,
along with proposed statutory language to address the im-
pact.
(c) REPORT TO CONGRESS.—No later than 90 days
after the third year of closure of the Gulf of Mexico Con-
servation Zone For Highly Migratory Species under sec-
tion 6(c), the Secretary shall submit a report on the Pro-
gram’s determinations to the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Resources of the House of Representatives. The
report shall include proposed statutory language for legis-
lation that may be appropriate prior to the expiration of
the closure of the Gulf of Mexico Conservation Zone For
Highly Migratory Species.
SEC. 13. REALLOCATION OF TOTAL ALLOWABLE CATCH.
The Secretary shall reallocate, to the United States
commercial swordfish hand gear fishing fleet, the portion
of total allowable catch of swordfish by the United States
pelagic longline fishing fleet that was attributable to ves-
sels that were authorized to engage in fishing under per-
mits and licenses revoked under section 8. Such realloca-
tion shall be based on the data used to calculate landing
payments under section 7(e) for such vessels.
SEC. 14. MONITORING AND EVALUATION OF AREA CLO-
SURES.
(a) ANNUAL MONITORING AND EVALUATION.—The
Secretary shall closely monitor and evaluate, on an annual
basis, the effectiveness of the fishing area closures made
by section 6.
(b) RESPONSE ACTION.—As a result of the moni-
toring and evaluation, the Secretary shall take additional
action as necessary to minimize bycatch to meet the re-
quirements of the Magnuson-Stevens Act and all other ap-
plicable laws.
SEC. 15. VESSEL MONITORING DEVICES.
(a) VESSEL MONITORING DEVICE REQUIREMENT.—
After the 165th day after the date of enactment of this
Act, no pelagic longline vessel shall operate within the At-
lantic highly migratory species fishery without a vessel
monitoring device approved by the Secretary.
(b) LIMITATION ON REQUIREMENT.—A vessel that is
prohibited by section 8 from being used to engage in com-
mercial fishing is not required to carry a vessel monitoring
device under this section.
SEC. 16. EFFECTIVE DATE.
Sections 6 and 7 shall take effect on the date suffi-
cient funds are available to carry out section 7 and section
12.
SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Secretary—
(1) $250,000 per fiscal year for the cost of car-
rying out the compensation program under section
7; and
(2) $3,000,000 for research under section 12;
plus such other sums as may be necessary for carrying
out all other functions in the Act. In addition, there are
authorized to be appropriated to the Secretary not more
than $400,000 for the Southeast Fisheries Science Center
to conduct additional research on billfish and swordfish.
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