[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1911 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1911

 To conserve Atlantic highly migratory species of fish, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 1999

   Mr. Breaux (for himself, Ms. Snowe, Mr. Hollings, Mr. Shelby, Mr. 
 Kerry, Mr. Sessions, and Ms. Landrieu) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To conserve 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 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 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 (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 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 juvenile 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, species of Atlantic billfish, 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) Conflicts between the commercial pelagic longline 
        fishery and the recreational fishery for highly 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, scientifically-based time-area closures for pelagic 
        longline fishing.
            (8) 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.
            (9) The time-area closures for pelagic longline fishing 
        within the United States Exclusive Economic Zone that will 
        contribute to achieving 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 
        substantial 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 licenses 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 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 qualifying 
                year;
                    (C) reported that at least 50 percent of their 
                landings for the 1995-1997 period were comprised of 
                pelagic longline target species, including swordfish, 
                tunas, mahi-mahi, escolar, and oceanic sharks; and
                    (D) qualified for a Directed Swordfish Initial 
                Limited Access Permit.
            (11) 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 purposes of this Act are--
            (1) to contribute to the conservation and rebuilding of 
        overfished stocks of highly migratory species, 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 sustainable yield, in 
        compliance with United States obligations under the 
        International Convention for the Conservation of Atlantic Tunas 
        and consistent with National Standard (1) and section 304 of 
        the Magnuson-Stevens Act;
            (2) to minimize adverse socio-economic impacts on United 
        States commercial fishermen and their families, small fishing 
        business entities, and fishing communities consistent with 
        National Standard (8) of the Magnuson-Stevens Act and the 
        requirements of the Regulatory Flexibility Act, resulting from 
        the conservation actions taken under this Act;
            (3) to enhance both the socio-economic viability of the 
        remaining United States pelagic longline fishing industry and 
        recreational fishing opportunities for highly migratory 
        species;
            (4) to minimize bycatch, including regulatory discards, 
        consistent with the Magnuson-Stevens Act and the international 
        obligations of the United States;
            (5) 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 and to provide the necessary leadership for achieving 
        greater international conservation of highly migratory species;
            (6) to reduce conflicts within the exclusive economic zone 
        of the United States between the pelagic longline and 
        recreational fisheries for highly migratory species; and
            (7) to expand the scientific knowledge and understanding 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 
migratory 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 ``eligible 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 ``commercial fishing'' 
        means fishing in which the fish harvested, 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 vessel'' means 
        each vessel listed in section 7(a) of this Act.
            (7) Fish.--The term ``fish'' means finfish, mollusks, 
        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 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.
            (9) 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.
            (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, billfish, oceanic sharks, and 
        swordfish.
            (12) Magnuson-stevens act.--The term ``Magnuson-Stevens 
        Act'' means the Magnuson-Stevens 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 ``recreational 
        fishing'' means fishing for sport or pleasure.
            (16) Record address.--The term ``record address'' 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 ``swordfish dealer'' means 
        any person who purchases, trades for, or barters for the 
        receipt of any Atlantic swordfish (whether imported or domestic 
        and regardless of origin) for any commercial purpose (including 
        selling, 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 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) seaward extension of the Exclusive Economic Zone;
            (5) 28 degrees 17 minutes north latitude, 79 degrees 0 
        minutes west longitude;
            (6) 31 degrees 0 minutes north latitude, 78 degrees 0 
        minutes west longitude;
            (7) 32 degrees 0 minutes north latitude, 78 degrees 0 
        minutes west longitude;
            (8) 32 degrees 0 minutes north latitude, 77 degrees 0 
        minutes west longitude;
            (9) 33 degrees 0 minutes north latitude, 77 degrees 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 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; and
            (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 date of enactment 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 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 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; and
            (9) 29 degrees 40 minutes north latitude, 85 degrees 20 
        minutes west longitude (at Cape San Blas, Florida).
    (d) 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.
    (e) Effective Date.--This section shall be effective on the 165th 
day after the date of enactment of this Act, except that subsection (c) 
shall be effective on the first Memorial Day after the date of 
enactment of this Act.

SEC. 7. PELAGIC LONGLINE FISHING VESSEL PERMIT HOLDER COMPENSATION 
              PROGRAM.

    (a) Voluntary Compensation Program.--The Secretary shall conduct a 
voluntary Pelagic Longline Vessel Permit Holder Compensation Program. 
Except as provided in subsection (b), the following vessels are 
eligible for the Compensation Program:
            (1) ALEX JAMES, United States official number 593864.
            (2) AMANDA KAY, United States official number 691398.
            (3) BEAU, United States official number 647878.
            (4) BETTE BOOP, United States official number 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 number 929813.
            (12) CAROL ANN, United States official number 609121.
            (13) CHARLESTON STAR, United States official number 591301.
            (14) CHRISTOPHER JOE, United States official 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 number 643055.
            (21) FATHER & SON, United States official number 611056.
            (22) GINA D, United States official number 602788.
            (23) GRAND CRU, United States official number 508393.
            (24) HAPPY NIGHT TONIGHT, United States official number 
        632057.
            (25) ITALIAN STALLION, United States official 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 number 633432.
            (32) KRISTIN LEE, United States official number 656259.
            (33) LADY LAURA, State of Florida registration number 
        FL2054GY.
            (34) LINDSEY JEANETTE, United States official number 
        618472.
            (35) LINNEA C, United States official number 665962.
            (36) LISA ANN, United States official number 659897.
            (37) LORI MARIE, United States official number 674417.
            (38) MAR JACK, United States official number 640008.
            (39) MARION FRANCES, United States official number 541694.
            (40) MARY ANN, United States official number 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 number 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 number 602041.
            (52) PROVIDER II, United States official number 648979.
            (53) R&R, United States official number 945535.
            (54) RAW DAWG, United States official number 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 number 598591.
            (59) SEA ANGEL, United States official number 926754.
            (60) SEVEN ARROWS, United States official number 611304.
            (61) SHERRIE ANN II, State of Florida registration number 
        FL3716JU.
            (62) SOUTHERN GALE, United States official number 588452.
            (63) STRAIGHT FLUSH, United States official number 663691.
            (64) SUSAN II, United States official number 594618.
            (65) SYLVIA JEAN, United States official number 609788.
            (66) TRI LINER, United States official number 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 regulation 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 Marine 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 Secretary's determinations 
of all landing payments shall be final and in accordance with the 
following:
            (1) Basis.--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 one calendar year in 
        the period beginning with the calendar year 1992 and ending 
        with calendar 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 enactment of this Act each 
        permit holder who desires to be compensated under this Act 
        shall--
                    (A) advise the Secretary which single calendar year 
                from 1992 through 1998 the permit holder chooses 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; 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 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 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 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 the 165th calendar 
        day after the date of enactment of this Act.
            (2) Requirements.--The 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 include 
                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 
                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 requested. 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 timeliness 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 acceptance 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 obligation for any payments authorized under this section that are 
not fully paid for by funds appropriated under subsection (j) of this 
section. For purposes of such sections 1111 and 1112, 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 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 payments 
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 compensation under section 7 
        shall be revoked upon receipt 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 landing 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 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 1999,'' 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 not a citizen of 
                the United States, any interest in or control of a 
                vessel whose commercial fishing 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 transfer of a 
        vessel, or interest in or control of that vessel, in violation 
        of this subsection is void.
    (d) Penalties.--
            (1) Criminal penalty.--Any person that knowingly charters, 
        sells, or transfers a vessel (or interest 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 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 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 fishing in 
                violation of this section
                    (C) the permit holder submits false documentation 
                for the landing payment under section 7.
            (3) Civil penalty.--A person that charters, sells, 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 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 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 that 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. 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), 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 
section 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 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, which--
                    (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 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, regardless of the loan's maturity 
                until such commercial 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 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 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 accordance 
                        with such other conditions as the Secretary 
                        shall establish, and amend from time to time by 
                        a letter (but not by regulation 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 
        accomplished 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 payments.--Swordfish 
        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 swordfish 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 fishery 
        conservation fee system 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 
        payment by affected States under paragraph (3), and by the sale 
        of fishery conservation 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 recreational share 
        allocation, plus associated interest. The allocations for each 
        affected State shall not exceed 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 section 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 
                species in any area closed under section 6. For vessels 
                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, 
                        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) 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 obtain a fishery conservation 
                permit from the Secretary 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 recreational share is fully 
        repaid under this Act, no person may engage in recreational 
        fishing for highly migratory 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 permit must be 
        retained on the vessel. It shall be a rebuttable presumption 
        that any 18 foot or larger recreational 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 enforcement, retail dealers and others who sell 
        fishery conservation permits under this subsection, and the 
        public when: payment of the recreational share begins, and the 
        recreational share has been fully repaid. This shall be 
        accomplished by a Federal Register notice, direct 
        communication, and such other means as the Secretary determines 
        are effective and appropriate.
            (7) Repayment.--Money received under subsections (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 section 307(1)(A) of the Magnuson-
Stevens Act (16 U.S.C. 1857(1)(A)).

SEC. 11. BILLFISH 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 Billfish Bycatch and Mortality Reduction 
Research Program. 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 
members of the pelagic longline fishing sector and the recreational 
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 
submitted to the Secretary no later than the 120th calendar day after 
the date of enactment of this Act and shall include 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 directed to aggressively 
monitor the mid-Atlantic bight during the months of June, July, and 
August 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 causing significant negative impact on 
the recreational billfish catch. In the event 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 his 
recommendations to address the impact.
    (d) Report to Congress.--No later than the 90th calendar day 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 any 
recommendations 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. 12. INTERIM REGULATIONS.

    (a) Interim Regulations.--The Secretary may not propose, approve, 
or implement before a date that is either one year after the date on 
which the Secretary submits the report to Congress on the results of 
the Billfish Bycatch Mortality Reduction Research Program under section 
11(c) or 4 years after the date of enactment of this Act, whichever is 
later, any rules or regulations that have the effect of establishing 
any time-area closures for pelagic longline fishing in the Atlantic by 
United States fishing vessels that are in addition to, or otherwise 
expand, those time-area closures established under this Act.
    (b) Exception.--The prohibition set forth in subsection (a) shall 
not apply--
            (1) to rules or regulations necessary to implement any 
        future recommendation of ICCAT or Act of Congress;
            (2) to strictly technical and conforming corrections to 
        those time-area closures established under this Act that the 
        Secretary finds are necessary for public safety and enforcement 
        of this Act; or
            (3) if the Secretary, after consultation with the 
        Commissioners appointed under the Atlantic Tunas Convention Act 
        of 1975, finds that--
                    (A) fishing by United States pelagic longline 
                fishing vessels is causing an emergency with respect to 
                the conservation of an Atlantic highly migratory 
                species of fish;
                    (B) such emergency can not or will not be addressed 
                by the International Commission for the Conservation of 
                Atlantic Tunas in a timely manner; and
                    (C) time-area closures for pelagic longline fishing 
                in the Atlantic by United States fishing vessels that 
                are in addition to, or otherwise expand, those time-
                area closures established under this Act are necessary 
                to address such emergency and there are no other 
                practicable means available to address such emergency.

SEC. 13. VESSEL MONITORING DEVICE.

    (a) In General.-- After the 165th day of enactment of this Act, no 
pelagic longline vessel shall operate within the Atlantic HMS fishery 
without a vessel monitoring device approved by the Secretary.
    (b) Not Required To Carry Monitoring Device.--No vessel accepting 
the buyout under section 7 will be required to carry a vessel 
monitoring device.
    (c) Costs.--Any costs attributable to the purchase and installation 
of vessel monitoring devices on any pelagic longline vessel fishing in 
the Atlantic HMS fishery that is required to carry such a device under 
this section shall be the responsibility of the Secretary.

SEC. 14. NULLIFICATION.

    In the event Congress fails to appropriate funds adequate to 
complete the buyout under section 7 then no provision of this Act shall 
be effective. In the event Congress fails to appropriate funds adequate 
to place vessel monitoring devices on vessels, then the requirement to 
carry such devices shall have no effect.

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary $250,000 
per year as the cost of carrying out the compensation program; 
$2,250,000 for vessel monitoring devices; $3,000,000 for research; 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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