[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4773 Introduced in House (IH)]







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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Atlantic Highly Migratory 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 
        Conservation of Atlantic Tunas estimated that a number of key 
        stocks of highly migratory species 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 sustainable yield. 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 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, Atlantic 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 rebuilding 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 directing 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 
        mortality, for consideration at the ICCAT meeting in 1999.
            (4) Reducing the mortality of species of Atlantic 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 national jurisdictions to 
        protect small swordfish, including the establishment of time 
        and area closures.
            (6) Significant reductions in the mortality of juvenile 
        swordfish, Atlantic white marlin, Atlantic blue marlin, 
        Atlantic sailfish/spearfish, species of Atlantic large coastal 
        sharks, and other highly migratory species of fish within the 
        exclusive economic zone of the United States can be achieved by 
        the design and implementation of discrete, scientifically based 
        time-area closures for pelagic longline fishing.
            (7) A credible, scientifically based time-area closure 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 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 reduce 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 Marine Fisheries 
        Service to conduct additional scientific research, in 
        cooperation with pelagic longline fishing vessels, to identify 
        the uses and configurations of pelagic 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 understanding of 
        Atlantic highly migratory species and the fisheries of the 
        United States, including recreational and commercial research, 
        both design and deployment;
            (2) to contribute to the conservation and rebuilding of 
        overfished stocks of highly migratory species, 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 Magnuson-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 families, consistent with 
        section 301(a)(8) of the Magnuson-Stevens Act (16 U.S.C. 
        1851(a)(8)) and the requirements 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 sustainable 
        United States pelagic longline fishery for the future;
            (5) to minimize both bycatch, including regulatory 
        discards, consistent with the Magnuson-Stevens Act and the 
        international obligations of the United States, and marine 
        mammal and sea turtle mortality as required by the Marine 
        Mammal Protection Act of 1972 and the Endangered Species Act of 
        1973;
            (6) to support and encourage the United States Government's 
        efforts to obtain international agreements 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 conservation of highly 
        migratory species;
            (7) to reduce conflicts within the exclusive economic zone 
        of the United States between the pelagic longline and 
        recreational fisheries for highly migratory species; and
            (8) to minimize bycatch, and to the extent possible, to 
        prevent displacement of fishing effort resulting 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 achieving national and international fishery 
conservation and management objectives and obligations for highly 
migratory 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 discards and regulatory 
        discards. The term does not include fish released alive under a 
        recreational catch and release fishery management program.
            (3) Commercial fishing.--The term ``commercial fishing'' 
        means fishing in which the fish harvested, either in whole or 
        in part, are intended to enter commerce through sale, barter, 
        or trade.
            (4) Eligible permit holder.--The term ``eligible 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 
        Swordfish and Shark that was issued based on the landings of an 
        eligible vessel.
            (5) Eligible vessel.--The term ``eligible vessel'' means 
        each vessel listed in section 7(a) of this Act.
            (6) Fish.--The term ``fish'' means finfish, mollusks, 
        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 harvesting 
                of fish;
                    (C) any other activity which can reasonably be 
                expected to result in the catching, taking, 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 activity that 
        is authorized by the Secretary.
            (8) Fishing vessel.--The term ``fishing vessel'' 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 relating to fishing, 
                including but not limited to preparation, supply, 
                storage, refrigeration, transportation, 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, billfish, 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 (including 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-Stevens 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 address'' means the 
        address of record for each permit holder and highly migratory 
        species dealer as maintained in the National Marine Fisheries 
        Service's databases.
            (21) Recreational fishing.--The term ``recreational 
        fishing'' means fishing for sport or pleasure.
            (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 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. For purposes of this 
subsection, such zone is the area of the exclusive economic zone, 
seaward of the baseline from which the territorial sea is measured, and 
shoreward of the outer boundary of the exclusive economic zone that is 
enclosed by a series of geodesics connecting in succession 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 degrees 0 
        minutes west longitude.
            (3) 24 degrees 0 minutes north latitude, 81 degrees 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 degrees 0 
        minutes west longitude.
            (6) 33 degrees 0 minutes north latitude, 76 degrees 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 degrees 30 
        minutes west longitude.
            (2) 30 degrees 0 minutes north latitude, 86 degrees 0 
        minutes west longitude.
            (3) 29 degrees 0 minutes north latitude, 86 degrees 0 
        minutes west longitude.
            (4) 29 degrees 0 minutes north latitude, 87 degrees 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 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 degrees 10 
        minutes west longitude (at approximately the border between the 
        United States and Mexico).
            (2) 26 degrees 0 minutes north latitude, 96 degrees 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 degrees 0 
        minutes west longitude.
            (6) 28 degrees 0 minutes north latitude, 89 degrees 30 
        minutes west longitude.
            (7) 29 degrees 0 minutes north latitude, 87 degrees 30 
        minutes west longitude.
            (8) 29 degrees 0 minutes north latitude, 86 degrees 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 September 30, no person may engage in pelagic 
longline fishing in the Mid-Atlantic Bight Conservation Zone. For 
purposes of this subsection, such zone is all waters of the exclusive 
economic zone in the Atlantic Ocean north of 35 degrees north latitude 
and west of 71 degrees west longitude.
    (e) Scientific Research Exception.--The restrictions under this 
section on fishing do not apply to pelagic 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-Stevens Act from each eligible 
        permit holder, by paying to the eligible permit holder the 
        applicable compensation amount under subsection (d).
            (2) Eligible permit holders.--A person who is the holder of 
        a permit referred to in paragraph (1) shall be an eligible 
        permit holder for purposes 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 Secretary shall, by certified mail 
return receipt requested, addressed 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 reported 
                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 
                landing 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 eligible permit holder. Before making payment under 
        this section, the Secretary shall identify all such outstanding 
        obligations with respect to an eligible permit holder and 
        notify that person of the amount of the reduction under this 
        paragraph and the obligations taken into account.
    (e) Landing Payment Determination.--The Secretary's determinations 
of all landing payments under subsection (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 calendar 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 enactment of 
        this Act each permit holder who desires to be compensated under 
        this section must--
                    (A) advise the Secretary which single calendar year 
                from 1992 through 1998 the permit holder chooses 
                pursuant to paragraph (1) as the basis for the permit 
                holder'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 chosen, that--
                            (i) is the form of trip tickets or any 
                        relevant criteria required by the Secretary to 
                        verify eligibility (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;
                            (ii) states each vessel from which the fish 
                        was bought;
                            (iii) states the date the fish was bought, 
                        and how many pounds of each species 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 documentation 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 
        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 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 Secretary'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 enactment of this Act. Such acceptance--
                    (A) must be in writing signed by the permit holder 
                or permit holder's duly authorized representative and 
                delivered to the Chief, Financial Services Division, 
                National Marine Fisheries Service, 1315 East-West 
                Highway, Silver Spring, MD 20910-3282, and the 
                acceptance letter shall include any necessary direct 
                wire transfer instructions;
                    (B) shall constitute the permit holder's 
                irrevocable 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 effective 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 receipt 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 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 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 Secretary'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 authorized 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 capacity reduction program 
established 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 are authorized to be 
appropriated--
            (1) $100,000 for the costs (as that term is defined 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 compensation 
        payments authorized under this section.
    (k) Blended Funding Source.--All funds appropriated under 
subsection (j) shall be available for the payment authorized under this 
section and shall be applied so as to ensure that 40 percent of the 
cost of such payments 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 licenses 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 Endorsement.--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 
section 8(a)(2) of the Atlantic Highly Migratory Species Conservation 
Act of 2000,'' before ``is not eligible''.
    (c) Transfer to Foreign Ownership or Registry 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 authorized to be used to 
                engage in fishing under a permit or license revoked 
                under this section; or
                    (B) place such a vessel under foreign registry or 
                operate that vessel under the authority of a foreign 
                country.
            (2) Void effect.--Any sale, lease, charter, delivery, or 
        transfer of a vessel, or interest in or control 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 fishing 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 sells, leases, charters, 
                delivers, or transfers the vessel, or an interest in or 
                control of that vessel, in violation of this section;
                    (B) the vessel is used for commercial fishing in 
                violation of this section; or
                    (C) a permit holder submits false documentation for 
                the landing payment under section 7 with respect to 
                landings made, or alleged to have been made, using the 
                vessel.
            (3) Civil penalty.--A person that sells, leases, charters, 
        delivers, or transfers a vessel (or an interest in or control 
        of a vessel) in violation of this section, uses a vessel for 
        commercial fishing in violation of this section, 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 Secretary of Transportation 
shall ensure that, for each vessel that was authorized to be used to 
engage in fishing under a permit or license that is revoked under this 
section, information is recorded and maintained in the vessel 
identification system established under chapter 125 of title 46, United 
States Code, stating that--
            (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 Government, 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 PERMIT 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 conservation 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, establish a fee, that--
                    (A) shall be an amount determined by the Secretary 
                to be sufficient to amortize the commercial 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, regardless of the loan's maturity 
                until such commercial share is fully paid; and
                    (C) shall be deducted by each highly migratory 
                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 received 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 migratory species 
                        dealer holding a highly migratory species 
                        dealer's permit at its record address.
                            (iv) All fee matters shall be in accordance 
                        with such other conditions as the Secretary 
                        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 dealer holding a highly 
                        migratory species dealer'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 
        migratory 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 compliance 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 payments.--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 
        payment remains unpaid.
            (6) Enforcement.--The Secretary shall collect all unpaid 
        fees by such manner as the Secretary considers appropriate, 
        including bringing collection enforcement actions at law and 
        attaching and liquidating highly migratory species dealers' 
        assets.
            (7) Continuing obligation.--Notwithstanding 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 administered 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 Secretary shall issue for 
                $25 each an annual fishery conservation permit to 
                recreational vessels over 18 feet in length to persons 
                engaged in Atlantic 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, 
                        authorize the permits to be issued or sold by a 
                        variety of persons, including State agencies, 
                        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 overfished fisheries.
            (4) Prohibition.--After the 240th day after the date of 
        enactment of this Act, no person may engage 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 fishery 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 responsibility for marine fishery law 
        enforcement, retail 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 Secretary 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 repayment 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 section 307(1)(A) of the Magnuson-
Stevens Act (16 U.S.C. 1857(1)(A)).

SEC. 12. HIGHLY MIGRATORY SPECIES BYCATCH MORTALITY REDUCTION RESEARCH 
              PROGRAM.

    (a) Establishment of Program.--There is established within the 
National Marine Fisheries Service at the Southeast Fisheries Science 
Center a Pelagic Longline Highly Migratory Species Bycatch and 
Mortality Reduction Research Program. The Program shall identify and 
test a variety of pelagic longline fishing gear configurations 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 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. To fund the 
observers, the Secretary 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 collected 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 harvested.
    (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 
members 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 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. The Secretary shall aggressively monitor the mid-Atlantic 
bight during the months it is open to pelagic longline fishing to 
determine if there has been a substantial net increase in the number of 
vessels or effort from the remaining 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 Committee on Resources of the 
House of Representatives, along with proposed statutory language to 
address the impact.
    (c) Report to Congress.--No later than 90 days after the third year 
of closure of the Gulf of Mexico Conservation Zone For Highly Migratory 
Species under section 6(c), the Secretary shall submit a report on the 
Program's determinations to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Resources of the 
House of Representatives. The report shall include proposed statutory 
language for legislation 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 vessels that were authorized to engage in fishing 
under permits and licenses revoked under section 8. Such reallocation 
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 CLOSURES.

    (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 monitoring and evaluation, 
the Secretary shall take additional action as necessary to minimize 
bycatch to meet the requirements of the Magnuson-Stevens Act and all 
other applicable 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 Atlantic 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 commercial 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 sufficient 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 carrying 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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