I
106TH CONGRESS
1ST SESSION
H. R. 3331
To conserve Atlantic highly migratory species of fish, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 10, 1999
Mr. SAXTON introduced the following bill; which was referred to the
Committee on Resources
A BILL
To conserve 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 1999’’.
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
(SCRS) of the International Commission for the
Conservation of Atlantic Tunas (ICCAT) estimated
that a number of key stocks of highly migratory spe-
cies have less than the biomass needed to produce
their respective maximum sustainable yields. The
1999 SCRS stock assessment estimated that the
North Atlantic swordfish stock was at 65 percent of
the necessary biomass to produce maximum sustain-
able yield (MSY). The 1997 SCRS stock assessment
estimated that the Atlantic 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 recent stock assessment for Atlan-
tic sailfish/spearfish, the SCRS estimated these
stocks were at 62 percent of the necessary biomass
to produce MSY. Also, the National Marine Fish-
eries Service has identified North Atlantic swordfish,
Atlantic blue marlin, Atlantic white marlin, Atlantic
sailfish/spearfish, and other highly migratory species
of fish as overfished.
(2) A reduction in the mortality of juvenile
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
applying the same conservation concept more broad-
ly 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 adverse economic impacts on
United States commercial fishermen who engage in
pelagic longline fishing, as well as their families and
communities. Such adverse economic impacts can be
minimized by a fair and equitable buyout of the per-
mits and licenses of certain pelagic longline fishing
vessels.
(9) The commercial fishermen who sustain ad-
verse economic impacts from such time-area closures
and who should be eligible to participate in such a
government buyout include those who, according to
the National Marine Fisheries Service data, have—
(A) reported that at least 35 percent of
their vessel’s annual fishing sets were conducted
in the proposed closed areas in any one year
from 1992 through 1997;
(B) reported that they conducted at least
25 pelagic longline gear sets during their quali-
fying year;
(C) reported that at least 50 percent of
their landings for the 1995–1997 period were
comprised of pelagic longline target species, in-
cluding swordfish, tunas, mahi-mahi, escolar,
and oceanic sharks; and
(D) qualified for a Directed Swordfish Ini-
tial Limited Access Permit.
(10) 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 therefor;
(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 National Stand-
ard (1) and section 304 of the Magnuson-Stevens
Act;
(3) to minimize socio-economic impacts on
United States commercial fishermen and their fami-
lies, consistent with National Standard (8) of the
Magnuson-Stevens Act and the requirements of the
Regulatory Flexibility Act, resulting from the con-
servation 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 bycatch, including regulatory
discards, consistent with the Magnuson-Stevens Act
and the international obligations of the United
States;
(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
and to provide the necessary leadership for achieving
greater international conservation of highly migra-
tory species; and
(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.
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 one 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
which are harvested in a fishery, but which are not
sold or kept for personal use, and includes economic
discards and regulatory discards. The term does not
include 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 or enter commerce through sale,
barter, or trade.–
(5) ELIGIBLE PERMIT HOLDER.—The term ‘‘el-
igible permit holder’’ means the person or group of