[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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