I
106TH CONGRESS
1ST SESSION
H. R. 3390
To conserve Atlantic highly migratory species of fish, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 16, 1999
Mr. GOSS (for himself and Mr. TAUZIN) 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, species of Atlantic billfish, species
of Atlantic large coastal sharks, and other highly mi-
gratory species of fish within the exclusive economic
zone of the United States can be achieved by the de-
sign and implementation of discrete, scientifically-
based time-area closures for pelagic longline fishing.
(7) Conflicts between the commercial pelagic
longline fishery and the recreational fishery for high-
ly migratory species exist in certain areas of the
U.S. Exclusive Economic Zone in the Atlantic Ocean
and Gulf of Mexico and can be substantially reduced
by the design and implementation of discrete, sci-
entifically-based 
time-area 
closures 
for 
pelagic
longline fishing.
(8) 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.
(9) The time-area closures for pelagic longline
fishing within the United States Exclusive Economic
Zone that will contribute to achieving the conserva-
tion objectives for swordfish, billfish, and large
coastal sharks in the Atlantic Ocean and Gulf of
Mexico and that will reduce conflicts between com-
mercial and recreational fishermen will result in sub-
stantial 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 permits and li-
censes of certain pelagic longline fishing vessels.
(10) The commercial fishermen who sustain
substantial adverse economic impacts from such
time-area closures and who should be eligible to par-
ticipate 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.
(11) 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 purposes of this Act are—
(1) to contribute to the conservation and re-
building of overfished stocks of highly migratory spe-
cies, including North Atlantic swordfish, species of
Atlantic billfish, 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 sustain-
able yield, in compliance with United States obliga-
tions under the International Convention for the
Conservation of Atlantic Tunas and consistent with
National Standard (1) and section 304 of the Mag-
nuson-Stevens Act;
longline and recreational fisheries for highly migra-
tory species; and
(7) to expand the scientific knowledge and un-
derstanding of Atlantic highly migratory species and
the fisheries of the United States.
SEC. 4. POLICY.
It is declared to be the policy of the Congress in this
Act and the Atlantic Tunas Convention Act of 1975 that,
consistent with the Magnuson-Stevens Act, all United
States fishermen shall be treated fairly and equitably in
achieving national and international fishery conservation
and management objectives and obligations for highly mi-
gratory 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) 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.
(5) 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.
(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) 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.).
(13) 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.
(14) 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).
(15) RECREATIONAL FISHING.—The term ‘‘rec-
reational fishing’’ means fishing for sport or pleas-
ure.
(16) 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.
(17) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce.
(18) SWORDFISH DEALER.—The term ‘‘sword-
fish dealer’’ means any person who purchases, trades
for, or barters for the receipt of any Atlantic sword-
fish (whether imported or domestic and regardless of
origin) for any commercial purpose (including sell-
ing, trading, or bartering such swordfish to others).
SEC. 6. HIGHLY MIGRATORY SPECIES CONSERVATION
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, which is the area, seaward of
the baseline from which the territorial sea is measured,
that is enclosed by a series of geodesics connecting in suc-
cession the points at the following coordinates:
(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) seaward extension of the Exclusive Eco-
nomic Zone;
(5) 28 degrees 17 minutes north latitude, 79
degrees 0 minutes west longitude;
(6) 31 degrees 0 minutes north latitude, 78 de-
grees 0 minutes west longitude;
(7) 32 degrees 0 minutes north latitude, 78 de-
grees 0 minutes west longitude;
(8) 32 degrees 0 minutes north latitude, 77 de-
grees 0 minutes west longitude;
(9) 33 degrees 0 minutes north latitude, 77 de-
grees 0 minutes west longitude;
(10) 33 degrees 0 minutes north latitude, 78
degrees 0 minutes west longitude; and
(11) 33 degrees 51 minutes north latitude, 78
degrees 33 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, which is the area enclosed by a series of
geodesics connecting in succession the points at the fol-
lowing 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; and
(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 date of enact-
ment 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 four calendar
years, no person may engage in pelagic longline fishing
in the Gulf Of Mexico Conservation Zone For Highly Mi-
gratory Species, which is the area, seaward of the baseline
from which the territorial sea is measured, that is enclosed
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;
(2) AMANDA KAY, United States official
number 691398.
(3) BEAU, United States official number
647878.
(4) BETTE BOOP, United States official num-
ber 673527.
(5) BETTY B, United States official number
689987.
(6) BIGEYE, United States official number
628300.
(7) BLACK JACK ONE, United States official
number 592219.
(8) BONNEY ANNE, United States official
number 666686.
(9) BUCKAROO, United States official number
576503.
(10) CANDACE, United States official number
673556.
(11) CAPT. BOB, United States official num-
ber 929813.
(12) CAROL ANN, United States official num-
ber 609121.
(13) CHARLESTON STAR, United States of-
ficial number 591301.
(14) CHRISTOPHER JOE, United States offi-
cial number 608436.
(15) CHRISTY, United States official number
933833.
(16) CLAYTON REED, United States official
number 683286.
(17) CORAL LADY, United States official
number 649372.
(18) DAKOTA, United States official number
956008.
(19) ERICA-LYNN, United States official
number 611243.
(20) EXPLORER, United States official num-
ber 643055.
(21) FATHER & SON, United States official
number 611056.
(22) GINA D, United States official number
602788.
(23) GRAND CRU, United States official num-
ber 508393.
(24) HAPPY NIGHT TONIGHT, United
States official number 632057.
(25) ITALIAN STALLION, United States offi-
cial number 603239.
(26) JACQUELINE L., United States official
number 551612.
(27) JANICE ANN, United States official
number 646506.
(28) JOAN MARIE, United States official
number 599408.
(29) JOSHUA NICOLE, United States official
number 912738.
(30) JUST RIGHT, United States official
number 692184.
(31) KELLY ANN, United States official num-
ber 633432.
(32) KRISTIN LEE, United States official
number 656259.
(33) LADY LAURA, State of Florida registra-
tion number FL2054GY.
(34) LINDSEY JEANETTE, United States of-
ficial number 618472.
(35) LINNEA C, United States official number
665962.
(36) LISA ANN, United States official number
659897.
(37) LORI MARIE, United States official num-
ber 674417.
(38) MAR JACK, United States official num-
ber 640008.
(39) MARION FRANCES, United States offi-
cial number 541694.
(40) MARY ANN, United States official num-
ber 596805.
(41) MGB, United States official number
656564.
(42) MISS DANIELLE, United States official
number 697038.
(43) MISS MANDY, United States official
number 636385.
(44) MISS MELISSA, United States official
number 593587.
(45) MISS SUZANNE, United States official
number 510728.
(46) MISS TAKE, United States official num-
ber 667970.
(47) MISS-SHELL, United States official
number 637883.
(48) OUTLAW, United States official number
643282.
(49) PEACEFUL LADY, United States official
number 918933.
(50) PROUD MARY ELLEN, United States
official number 615810.
(51) PROVIDER, United States official num-
ber 602041.
(52) PROVIDER II, United States official
number 648979.
(53) R&R, United States official number
945535.
(54) RAW DAWG, United States official num-
ber 677230.
(55) REBECCA PAGE, United States official
number 684131.
(56) REBEL LADY, United States official
number 628471.
(57) ROYAL LADY, United States official
number 615626.
(58) RUTH-ANNE, United States official num-
ber 598591.
(59) SEA ANGEL, United States official num-
ber 926754.
(60) SEVEN ARROWS, United States official
number 611304.
(61) SHERRIE ANN II, State of Florida reg-
istration number FL3716JU.
(62) SOUTHERN GALE, United States offi-
cial number 588452.
(63) STRAIGHT FLUSH, United States offi-
cial number 663691.
(64) SUSAN II, United States official number
594618.
(65) SYLVIA JEAN, United States official
number 609788.
(66) TRI LINER, United States official num-
ber 624323.
(67) TRIPLE THREAT, United States official
number 646718.
(68) UNCLOUDY DAY, United States official
number 950979.
(b) INELIGIBILITY DUE
TO PERMIT
OR VESSEL
TRANSFER AFTER NOVEMBER 10, 1999.—A vessel listed
under subsection (a) shall not be eligible if the vessel 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
the 15th calendar day after the date of enactment of this
Act, the Secretary shall, by certified mail return receipt
requested, addressed to each permit holder at its record
address, notify each permit holder of—
(1) the compensation provisions of this Act; and
(2) any other compensation instructions or
guidance that the Secretary may (but not by regula-
tion or further notice of any other kind) establish.
(d) COMPENSATION AMOUNT.—The compensation
amount shall include, a permit package payment of
$125,000 per eligible permit holder plus, either—
(1) zero for any eligible permit holder that did
not report any landings of highly migratory species
by the associated eligible vessel to the National Ma-
rine Fisheries Service for the period beginning on
January 1, 1999, and ending on October 1, 1999;
or
(2) for every other eligible permit holder, a
landing payment that the Secretary determines in
accordance with subsection (e).
(e) LANDING PAYMENT DETERMINATION.—The Sec-
retary’s determinations of all landing payments shall be
final and in accordance with the following:
(1) BASIS.—The basis for each landing pay-
ment shall be the gross ex-vessel value of all fish (re-
gardless of species) landed by the eligible vessel dur-
ing any one calendar year in the period beginning
with the calendar year 1992 and ending with cal-
endar year 1998.
(2) MAXIMUM AMOUNT.—The amount of each
landing payment shall be 100 percent of such basis
not to exceed $325,000.
(3) HOLDER TO ADVISE SECRETARY.—No later
than the 75th calendar day after the date of enact-
ment of this Act each permit holder who desires to
be compensated under this Act shall—
(A) advise the Secretary which single cal-
endar year from 1992 through 1998 the permit
holder chooses as the basis for the permit hold-
er’s landing payment; 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; 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) DOCUMENTATION.—Documentation under
paragraph (3)(C) shall be in the form of trip tickets
(or other landing documentation 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, the vessel from whom
the fish was bought, the date the fish was bought,
how many pounds of each species of fish was
bought, and how much per pound the landing vessel
was paid for each species of fish bought (no other
documentation shall be acceptable)
(5) CALCULATION OF AMOUNT.—If the permit
holder submits adequate documentation the Sec-
retary shall use it to calculate the landing payment.
If the permit holder elects to have the Secretary cal-
culate a default landing payment (or submits inad-
equate documentation), the Secretary 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 Service’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 the 135th
calendar day 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 ad-
dress, offer each eligible permit holder compensation for
an amount determined in accordance with this section.
The Secretary’s offer shall be final and not subject to ne-
gotiation 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 the 165th calendar day after the
date of enactment of this Act.
(2) REQUIREMENTS.—The 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 include 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
immediately be in effect; and
(C) shall be accompanied by all commercial
fishing permits and licenses held by the permit
holder that are applicable to the eligible vessel.
(3) FORM OF DELIVERY.—
(A) If the acceptance is mailed, it must be
mailed by certified mail return receipt re-
quested. The Secretary shall consider the date
of acceptance to be the date on which it was
mailed.
(B) If the acceptance is delivered by any
other means, the Secretary shall consider the
date of acceptance to be the date on which the
Secretary first received the acceptance. The
Secretary’s determinations regarding the timeli-
ness of the acceptance shall be final.
(h) COMPENSATION PAYMENT.—No later than the
195th calendar day 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 ac-
ceptance of the Secretary’s offer was timely.
(i) FEDERAL LOAN.—Under the authority of sections
1111 and 1112 of title XI of the Merchant Marine Act,
1936 (46 U.S.C. App. 1279f and 1279g), the Secretary
shall provide up to $10,000,000 through a direct loan obli-
gation for any payments authorized under this section that
are not fully paid for by funds appropriated under sub-
section (j) of this section. For purposes of such sections
1111 and 1112, these payments shall be treated as pay-
ments under a fishing capacity reduction program estab-
lished under section 312 of the Magnuson-Stevens Act (16
U.S.C. 1861a). Notwithstanding 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
shall be authorized to be appropriated $100,000 for the
costs required by the Federal Credit Reform Act for the
$10,000,000 direct loan authorized under this section and
$15,000,000 for the balance of the compensation pay-
ments authorized under this Act.
SEC. 8. RESTRICTIONS ON VESSELS.
(a) IN GENERAL.—
(1) All commercial fishing permits or licenses
held by an eligible permit holder accepting com-
pensation under section 7 shall be revoked upon re-
ceipt by the Secretary of the letter of acceptance
under section 7(g).
(2) For each eligible vessel for which an eligible
permit holder whose commercial fishing permits and
licenses have been revoked and who accepted a land-
ing payment, such vessel 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 1999,’’ 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
not a citizen of the United States, any interest
in or control of a vessel whose commercial fish-
ing permits and licenses have been revoked; or
(B) place that vessel under foreign registry
or operate that vessel under the authority of a
foreign country.
(2) VOID EFFECT.—Any charter, sale, or trans-
fer of a vessel, or interest in or control of that ves-
sel, in violation of this subsection is void.
(d) PENALTIES.—
(1) CRIMINAL
PENALTY.—Any person that
knowingly charters, sells, or transfers a vessel (or in-
terest in or control of that vessel) in violation of this
section, or knowingly uses that vessel for commercial
fishing in violation of this section, or knowingly sub-
mits 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;
(ii) a person knowingly charters, sells, or
transfers a vessel, or interest or control in that
vessel, in violation of this section;
(B) the vessel is used for commercial fish-
ing in violation of this section
(C) the permit holder submits false docu-
mentation for the landing payment under sec-
tion 7.
(3) CIVIL PENALTY.—A person that charters,
sells, or transfers a vessel (or an interest in or con-
trol of a vessel) in violation of this section, uses a
vessel for commercial fishing in violation of this sec-
tion, or submits false documentation for the landing
payment under section 7 is liable to the United
States Government for a civil penalty of not more
than $10,000 for each violation.
(e) VESSEL IDENTIFICATION SYSTEM.—The Sec-
retary of Transportation shall ensure that, for each vessel
whose commercial fishing permits and licenses have been
revoked, information is recorded and maintained in the
vessel identification system established under chapter 125
of title 46, United States Code, stating that the vessel is
forbidden under this Act from engaging in commercial
fishing anywhere in the world, that the vessel is not eligi-
ble for any commercial fishing permit or license (regard-
less of whether the permit or license is issued by the Fed-
eral Government, or a State government or political sub-
division thereof), and that use of the vessel in any com-
mercial fishing operation may result in Federal civil and
criminal penalties and forfeiture of the vessel and its cargo
and equipment.
SEC. 9. 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),
with the commercial share to be repaid under subsection
(b) of this section and the recreational share to be repaid
under subsection (c) of this section. Fees under this sec-
tion are established notwithstanding 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 fishery conservation fee system shall be 50 per-
cent of the original principal amount of the loan plus
all interest accruing on that 50 percent of the prin-
cipal 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, which—
(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 cents, for each pound of all
Atlantic swordfish sold by swordfish 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 the swordfish
dealer from all proceeds received from the sale
by the dealer of all Atlantic swordfish and ac-
counted 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 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
swordfish 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 swordfish
dealer holding a swordfish 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 amend from
time to time by a letter (but not by regula-
tion or any other form of notice) sent to
each swordfish dealer holding a swordfish
dealer’s permit at its record address.
(3) DUTY
OF
PROMPT
NOTIFICATION.—The
Secretary shall immediately notify swordfish dealers
and swordfish limited access permit holders when
the commercial share has been fully repaid and the
collection requirement terminates. This shall be ac-
complished by the Secretary’s letter sent to each
swordfish dealer, holding a swordfish dealer’s permit
and each swordfish limited access permit holder at
its record address.
(4) AUDIT.—The Secretary may at reasonable
times and places conduct audits of swordfish dealer’s
books and records to determine compliance with this
section. Swordfish 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.—Swordfish dealers shall pay penalty inter-
est equal to one and one-half percent of the full
amount of each late fee payment for each month, or
portion thereof, in which a late fee payment 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 swordfish 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 fishery conservation fee system shall be 50 per-
cent 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 payment by affected States
under paragraph (3), and by the sale of fishery con-
servation permits issued under paragraph (4).
(3) PAYMENT BY AFFECTED STATE.—A vessel
registered in an affected State will not be required
to purchase a Federal fishery conservation permit if
the State, no later than the 240th calendar day after
the date of enactment of this Act, makes a binding,
legally enforceable agreement with the United States
Government to pay fully, within 4 years after the
date of enactment of this Act, the State’s rec-
reational share allocation, plus associated interest.
The allocations for each affected State shall not ex-
ceed 40 percent for any affected States and will be
based on the State’s percentage of the total length
of coastline adjacent to any area closed under sec-
tion 6 and the total number of marine anglers for
all 7 States. Such allocations are as follows:
(A) South Carolina—9.4 percent;
(B) Georgia—4.3 percent;
(C) Florida—40.0 percent;
(D) Alabama—3.2 percent;
(E) Mississippi—2.6 percent;
(F) Louisiana—14.6 percent; and
(G) Texas—19.9 percent.
(4) FISHERY CONSERVATION PERMITS.—
(A) ISSUANCE
AND
SALE.—On or about
one year after the date of enactment of this Act
and thereafter until the recreational share is
fully repaid, the Secretary shall issue for $25
each an annual fishery conservation permit to
vessels over 18 feet in length wishing to engage
in recreational fishing for highly migratory spe-
cies in any area closed under section 6. For ves-
sels registered in a State electing to pay the
recreational share, the Secretary shall issue the
permit free of charge.
(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) EXCEPTION.—The Secretary may not
issue such permits after the repayment of the
recreational share of the loan obligation.
(D) VESSELS REGISTERED IN AFFECTED
STATES.—Vessels registered in affected States
agreeing to pay the recreational share shall ob-
tain a fishery conservation permit from the Sec-
retary or the affected State where the vessel is
registered.
(5) PROHIBITION.—After the 240th day after
the date of enactment of this Act until the rec-
reational share is fully repaid under this Act, no per-
son may engage in recreational fishing for highly mi-
gratory species in any closed area from a vessel of
18 feet or more in length, unless the vessel has been
issued a valid fishery conservation permit. Such per-
mit must be retained on the vessel. It shall be a re-
buttable presumption that any 18 foot or larger rec-
reational vessel with gear aboard capable of catching
HMS species shall be presumed to be fishing for
HMS species. Once the recreational share has been
fully repaid this prohibition shall be null and void.
(6) DUTY
OF
PROMPT
NOTIFICATION.—The
Secretary shall immediately notify the Coast Guard,
the heads of the agencies of the affected States that
have responsibility for marine fishery law enforce-
ment, retail dealers and others who sell fishery con-
servation permits under this subsection, and the
public when: payment of the recreational share be-
gins, and the recreational share has been fully re-
paid. This shall be accomplished by a Federal Reg-
ister notice, direct communication, and such other
means as the Secretary determines are effective and
appropriate.
(7) REPAYMENT.—Money received under sub-
sections (3) and (4), shall be accounted for and paid
by the Secretary into the subaccount of the Treasury
established for the repayment of the direct loan
made under section 7(i).
SEC. 10. 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. 11. BILLFISH BYCATCH MORTALITY REDUCTION RE-
SEARCH PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—There is estab-
lished within the National Marine Fisheries Service at the
Southeast Fisheries Science Center a Pelagic Longline
Billfish Bycatch and Mortality Reduction Research Pro-
gram. The Program shall identify and test a variety of
pelagic longline fishing gear configurations and uses and
determine which of those configurations and uses are the
most effective in reducing billfish bycatch mortality in the
pelagic longline fisheries of the Gulf of Mexico and in the
exclusive economic zone north of the Atlantic Conservation
Zone established under section 6. The program shall also
include provision for observers to be placed on pelagic
longline fishing vessels for the purposes of monitoring the
fishery and participating in the research program.
(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 and the rec-
reational billfish sector, along with scientists associated
with each such industry, 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 sub-
mitted to the Secretary no later than the 120th calendar
day after the date of enactment of this Act and shall in-
clude a scientifically-based recommendation 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.
(c) MONITOR AND REPORT.—The Secretary is di-
rected to aggressively monitor the mid-Atlantic bight dur-