[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1367 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1367

To provide for the conservation and rebuilding of overfished stocks of 
   Atlantic highly migratory species of fish, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2001

Mr. Saxton (for himself and Mr. Simmons) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the conservation and rebuilding of overfished stocks of 
   Atlantic highly migratory species of fish, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Atlantic Highly 
Migratory Species Conservation Act of 2001''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Closure of highly migratory species conservation zones.
Sec. 6. Pelagic longline fishing vessel permit holder compensation 
                            program.
Sec. 7. Restrictions on vessels.
Sec. 8. Restrictions on compensated eligible permit holders.
Sec. 9. Prohibited act under Magnuson-Stevens Act.
Sec. 10. Information collection review not to apply.
Sec. 11. Highly migratory species bycatch mortality reduction research 
                            program.
Sec. 12. Reallocation of total allowable catch.
Sec. 13. Monitoring and evaluation of area closures.
Sec. 14. Vessel monitoring device.
Sec. 15. Effective date.
Sec. 16. Authorization of appropriations.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Highly migratory species of fish, including North 
        Atlantic swordfish, species of Atlantic billfish, and Atlantic 
        large coastal sharks, are overfished and require greater 
        conservation as confirmed by recent scientific assessments. In 
        its most recent analysis, the Standing Committee on Research 
        and Statistics of the International Commission for the 
        Conservation of Atlantic Tunas estimated that a number of key 
        stocks of highly migratory species have less than the biomass 
        needed to produce their respective maximum sustainable yields. 
        The 1999 SCRS stock assessment estimated that the North 
        Atlantic swordfish stock was at 65 percent of the necessary 
        biomass to produce maximum sustainable yield. The 1997 SCRS 
        stock assessment estimated that the Atlantic blue marlin stock 
        was at 24 percent, and the Atlantic white marlin stock was at 
        23 percent, of the necessary biomass to produce MSY. In its 
        most recent stock assessment for Atlantic sailfish/spearfish, 
        the SCRS estimated these stocks were at 62 percent of the 
        necessary biomass to produce MSY. Also, the National Marine 
        Fisheries Service has identified North Atlantic swordfish, 
        Atlantic blue marlin, Atlantic white marlin, Atlantic sailfish/
        spearfish, and other highly migratory species of fish as 
        overfished.
            (2) A reduction in the mortality of undersized swordfish 
        will contribute substantially to the rebuilding of North 
        Atlantic swordfish as confirmed by a 1998 SCRS report that 
        expressed ``concern about the high catches (landings plus 
        discards) of small swordfish'' and ``emphasized that gains in 
        the yield could accrue if fishing mortality on small fish could 
        be further reduced.''
            (3) In 1998, ICCAT adopted a resolution directing the SCRS 
        to develop options for rebuilding North Atlantic swordfish to 
        levels that would produce the maximum sustainable yield, 
        including alternative methods for reducing small fish 
        mortality, for consideration at the ICCAT meeting in 1999.
            (4) Reducing the mortality of species of Atlantic billfish, 
        including Atlantic blue marlin, Atlantic white marlin, and 
        Atlantic sailfish/spearfish, will contribute substantially to 
        the rebuilding of these stocks.
            (5) In 1990, ICCAT encouraged its member states to take 
        appropriate measures within their national jurisdictions to 
        protect small swordfish, including the establishment of time 
        and area closures.
            (6) Significant reductions in the mortality of juvenile 
        swordfish, Atlantic white marlin, Atlantic blue marlin, 
        Atlantic sailfish/spearfish, species of Atlantic large coastal 
        sharks, and other highly migratory species of fish within the 
        exclusive economic zone of the United States can be achieved by 
        the design and implementation of discrete, scientifically based 
        time-area closures for pelagic longline fishing.
            (7) A credible, scientifically based time-area closure for 
        pelagic longline fishing that would achieve reductions in the 
        bycatch and mortality of overfished highly migratory species 
        within the United States exclusive economic zone will provide a 
        model for applying the same conservation concept more broadly 
        in international waters through ICCAT in further pursuit of the 
        goal of rebuilding the stocks of these species.
            (8) The time-area closures for pelagic longline fishing 
        within the United States exclusive economic zone that will 
        achieve the conservation objectives for swordfish, billfish, 
        and large coastal sharks in the Atlantic Ocean and Gulf of 
        Mexico and that will reduce conflicts between commercial and 
        recreational fishermen will result in harmful economic impacts 
        on United States commercial fishermen who engage in pelagic 
        longline fishing, as well as their families. Such harmful 
        economic impacts can be offset by a fair and equitable buyout 
        of the permits and licenses of certain pelagic longline fishing 
        vessels.
            (9) There is a great need for the National Marine Fisheries 
        Service to conduct additional scientific research, in 
        cooperation with pelagic longline fishing vessels, to identify 
        the uses and configurations of pelagic longline fishing gear 
        that are most effective in reducing bycatch.

SEC. 3. PURPOSES.

    The purposes of this Act are the following:
            (1) To expand the scientific knowledge and understanding of 
        Atlantic highly migratory species and the fisheries of the 
United States, including recreational and commercial research, both 
design and deployment.
            (2) To contribute to the conservation and rebuilding of 
        overfished stocks of highly migratory species, including North 
        Atlantic swordfish, Atlantic white marlin, Atlantic blue 
        marlin, Atlantic sailfish/spearfish, and Atlantic large coastal 
        sharks, through reductions in mortality and the protection of 
those areas that may occur within the exclusive economic zone of the 
United States, to levels that will produce maximum sustainable yield, 
in compliance with United States obligations under the International 
Convention for the Conservation of Atlantic Tunas and consistent with 
section 301(a)(1) of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(1)) 
and section 304 of the Magnuson-Stevens Act (16 U.S.C. 1854).
            (3) To minimize socio-economic impacts on United States 
        commercial fishermen and their families, consistent with 
        section 301(a)(8) of the Magnuson-Stevens Act (16 U.S.C. 
        1851(a)(8)) and the requirements of chapter 6 of title 5, 
        United States Code (popularly known as the Regulatory 
        Flexibility Act), resulting from the conservation actions taken 
        under this Act.
            (4) To ensure a sustainable fishery.
            (5) To minimize both bycatch, including regulatory 
        discards, consistent with the Magnuson-Stevens Act and the 
        international obligations of the United States, and marine 
        mammal and sea turtle mortality as required by the Marine 
        Mammal Protection Act of 1972 and the Endangered Species Act of 
        1973.
            (6) To support and encourage the United States Government's 
        efforts to obtain international agreements that provide for 
        effective fishery conservation and management consistent with 
        the policies set forth in section 2(c) of the Magnuson-Stevens 
        Act (16 U.S.C. 1801(c)) and to provide the necessary leadership 
        for achieving greater international conservation of highly 
        migratory species.
            (7) To reduce conflicts within the exclusive economic zone 
        of the United States between the pelagic longline and 
        recreational fisheries for highly migratory species.
            (8) To minimize bycatch, and to the extent possible, to 
        prevent displacement of fishing effort resulting from the 
        conservation actions under this Act.

SEC. 4. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Atlantic ocean.--The term ``Atlantic Ocean'' includes 
        the waters of the Gulf of Mexico and the Caribbean Sea.
            (2) Billfish.--The term ``billfish'' means blue marlin, 
        spearfish, sailfish, and white marlin.
            (3) Bycatch.--The term ``bycatch'' means fish that are 
        harvested in a fishery, but that are not sold or kept for 
        personal use, and includes economic discards and regulatory 
        discards. The term does not include fish released alive under a 
        recreational catch and release fishery management program.
            (4) Commercial fishing.--The term ``commercial fishing'' 
        means fishing in which the fish harvested, either in whole or 
        in part, are intended to enter commerce through sale, barter, 
        or trade.
            (5) Eligible permit holder.--The term ``eligible permit 
        holder'' means a person or group of persons who, on the date of 
        enactment of this Act, holds a Directed Swordfish Limited 
        Access Permit or a Tuna Longline Permit with Incidental 
        Swordfish and Shark that was issued based on the landings of an 
        eligible vessel.
            (6) EEZ.--The term ``EEZ'' means the exclusive economic 
        zone established by Proclamation Numbered 5030, dated March 10, 
        1983.
            (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 that is used for, equipped 
        to be used for, or of a type that 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) ICCAT.--The term ``ICCAT'' means the International 
        Commission for the Conservation of Atlantic Tunas.
            (13) Magnuson-stevens act.--The term ``Magnuson-Stevens 
        Act'' means the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.).
            (14) Mid-atlantic bight.--The term ``Mid-Atlantic Bight'' 
        means all waters of the Atlantic Ocean north of 35 degrees 
        north latitude and west of 71 degrees west longitude.
            (15) MSY.--The term ``MSY'' means maximum sustainable 
        yield.
            (16) Observer.--The term ``observer'' has the meaning that 
        term has in the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.).
            (17) Overfished.--The term ``overfished'' has the meaning 
        that term has in the Magnuson-Stevens Act (16 U.S.C. 1801 et 
        seq.).
            (18) Pelagic longline fishing.--The term ``pelagic longline 
        fishing'' means a method of fishing that uses any fishing gear 
        consisting of a length of line suspended horizontally in the 
        water above the bottom from lines attached to surface floats 
        and to which gangions and hooks are attached and are used to 
        target pelagic species.
            (19) Person.--The term ``person'' means any individual, 
        corporation, partnership, association, or other entity (whether 
        or not organized or existing under the laws of any State).
            (20) Record address.--The term ``record address'' means the 
        address of record for each permit holder and highly migratory 
        species dealer as maintained in the National Marine Fisheries 
        Service's databases.
            (21) Recreational fishing.--The term ``recreational 
        fishing'' means fishing for sport or pleasure.
            (22) SCRS.--The term ``SCRS'' means the Standing Committee 
        on Research and Statistics of ICCAT.
            (23) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce or a designee of such Secretary.
            (24) Tunas.--The term ``tunas'' means albacore, bigeye, 
        bluefin, skipjack, and yellowfin tunas.

SEC. 5. CLOSURE OF HIGHLY MIGRATORY SPECIES CONSERVATION ZONES.

    (a) Gulf of Mexico Conservation Zone for Highly Migratory 
Species.--During the period that begins on the first Memorial Day after 
the effective date of this Act and continues through Labor Day of the 
same calendar year, and every year thereafter, no person may engage in 
pelagic longline fishing in the Gulf of Mexico Conservation Zone For 
Highly Migratory Species. For purposes of this subsection, such zone is 
the area of the exclusive economic zone seaward of the baseline from 
which the territorial sea is measured, that is enclosed by a series of 
geodesics connecting in succession the points at the following 
coordinates:
            (1) 26 degrees 0 minutes north latitude, 97 degrees 10 
        minutes west longitude (at approximately the border between the 
        United States and Mexico).
            (2) 26 degrees 0 minutes north latitude, 96 degrees 0 
        minutes west longitude.
            (3) 27 degrees 30 minutes north latitude, 94 degrees 30 
        minutes west longitude.
            (4) 27 degrees 30 minutes north latitude, 90 degrees 0 
        minutes west longitude.
            (5) 28 degrees 0 minutes north latitude, 90 degrees 0 
        minutes west longitude.
            (6) 28 degrees 0 minutes north latitude, 89 degrees 30 
        minutes west longitude.
            (7) 29 degrees 0 minutes north latitude, 87 degrees 30 
        minutes west longitude.
            (8) 29 degrees 0 minutes north latitude, 86 degrees 0 
        minutes west longitude.
            (9) 29 degrees 40 minutes north latitude, 85 degrees 20 
        minutes west longitude (at Cape San Blas, Florida).
    (b) Mid-Atlantic Conservation Zones for Highly Migratory Species.--
            (1) Annual closure.--No person shall--
                    (A) engage in pelagic longline fishing in the 
                Northern Mid-Atlantic Conservation Zone for Highly 
                Migratory Species--
                            (i) during the period that begins on the 
                        first July 21 occurring after the date of the 
                        enactment of this section and ends on August 31 
                        of the same calendar year; or
                            (ii) during the same period in any year 
                        thereafter; or
                    (B) engage in pelagic longline fishing in the 
                Southern Mid-Atlantic Conservation Zone for Highly 
                Migratory Species--
                            (i) during the period that begins on the 
                        first September 1 occurring after the date of 
                        enactment of this section and ends on September 
                        30 of the same calendar year; or
                            (ii) during the same period in any year 
                        thereafter.
            (2) Zones described.--
                    (A) Northern mid-atlantic conservation zone.--For 
                purposes of paragraph (1), the Northern Mid-Atlantic 
                Conservation Zone for Highly Migratory Species is the 
                area enclosed by a series of geodesics connecting in 
                succession the points at the following coordinates:
                            (i) 37 degrees 30 minutes north latitude, 
                        74 degrees 30 minutes west longitude.
                            (ii) 40 degrees 0 minutes north latitude, 
                        72 degrees 15 minutes west longitude.
                            (iii) 39 degrees 0 minutes north latitude, 
                        72 degrees 15 minutes west longitude.
                            (iv) 37 degrees 30 minutes north latitude, 
                        73 degrees 30 minutes west longitude.
                    (B) Southern mid-atlantic conservation zone.--For 
                purposes of paragraph (1), the Southern Mid-Atlantic 
                Conservation Zone for Highly Migratory Species is the 
                area enclosed by a series of geodesics connecting in 
                succession the points at the following coordinates:
                            (i) 36 degrees 33 minutes north latitude, 
                        74 degrees 45 minutes west longitude.
                            (ii) 37 degrees 15 minutes north latitude, 
                        74 degrees 45 minutes west longitude.
                            (iii) 37 degrees 30 minutes north latitude, 
                        74 degrees 30 minutes west longitude.
                            (iv) 37 degrees 30 minutes north latitude, 
                        73 degrees 30 minutes west longitude.
                            (v) 37 degrees 0 minutes north latitude, 74 
                        degree 0 minutes west longitude.
                            (vi) 36 degrees 33 minutes north latitude, 
                        74 degrees 0 minutes west longitude.
            (3) Effort limitation.--
                    (A) In general.--The Secretary--
                            (i) shall find, by not later than August 30 
                        of each year, whether or not the cumulative 
                        number of pelagic longline fishing sets in the 
                        Mid-Atlantic Bight for swordfish and tuna 
                        during the period of June, July, August, and 
                        September of that year will exceed 1,250; and
                            (ii) if the Secretary makes an affirmative 
                        finding under clause (i), shall take such 
                        measures as are necessary to ensure that the 
                        cumulative number of such sets in that period 
                        does not exceed that number.
                    (B) Regulations.--The Secretary shall issue 
                regulations implementing this paragraph by not later 
                than 180 days after the date of the enactment of this 
                Act.
    (c) Pelagic Longline Capacity Reduction Program.--
            (1) In general.--There is established under the National 
        Marine Fisheries Service a pelagic longline fishing vessel 
        capacity reduction program. The Secretary of Commerce shall 
        implement the program in a manner consistent with the 
        provisions of this subsection. Under the program, the Secretary 
        shall--
                    (A) establish guidelines for the reduction of the 
                Atlantic pelagic longline fleet through the surrender 
                of directed swordfish, incidental swordfish, and 
                Atlantic tuna permits to the United States Government; 
                and
                    (B) establish a reverse auction for such permits 
                for the purpose of reducing pelagic longline capacity.
            (2) Eligibility.--Any pelagic longline fishing vessel shall 
        be eligible for the program, except that the Secretary shall 
        give priority to vessels that had significant landings of fish 
        from the Mid-Atlantic Bight in the period 1992 through 1998.
            (3) Notification.--The Secretary shall notify all eligible 
        incidental and directed pelagic longline swordfish and Atlantic 
        tuna permit holders of their eligibility for the program, 
        within 180 days after the date of enactment of this Act.
            (4) Appropriations for compensation program.--There are 
        authorized to be appropriated to the Secretary of Commerce 
        $5,000,000 for the program established under paragraph (1).
            (5) Request for supplemental appropriations.--If the 
        Secretary determines that the amounts appropriated explicitly 
        for the purpose of making payments under this subsection are 
        inadequate to carry out this subsection completely, then the 
        Secretary shall notify the Committees on Appropriations of the 
        Senate and the House of Representatives of that determination. 
        The Secretary shall include in the notification a description 
        of possible sources of additional funds for the purpose of 
        completing the payments authorized by this section.
    (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.

SEC. 6. PELAGIC LONGLINE FISHING VESSEL PERMIT HOLDER COMPENSATION 
              PROGRAM.

    (a) Voluntary Compensation Program.--
            (1) In general.--The Secretary shall conduct a voluntary 
        Pelagic Longline Vessel Permit Holder Compensation Program, 
        under which the Secretary shall buy in accordance with this 
        section Directed Swordfish Initial Limited Access Permits and 
        Tuna Longline Permits with Incidental Swordfish and Shark that 
        are in effect under the Magnuson-Stevens Act from each eligible 
        permit holder, by paying to the eligible permit holder the 
        applicable compensation amount under subsection (d).
            (2) Priority.--In buying permits under this subsection, the 
        Secretary shall give priority to permits held by eligible 
        permit holders who, in the 1992 through 1998 fishing seasons, 
        had significant landings of fish under those permits from areas 
        that were subject to closure under the final rule regarding 
        Atlantic highly migratory species and pelagic longline 
        management published on August 1, 2000 (65 Fed. Reg. 47214).
            (3) Consistency with magnuson-stevens act.--To ensure its 
        effectiveness and equity, such program shall be carried out 
        consistent with the standards for capacity reduction programs 
        under section 312(b) of the Magnuson-Stevens Act (16 U.S.C. 
        1861a(b)).
    (b) Ineligibility Due to Permit or Vessel Transfer After November 
10, 1999.--The Secretary shall not purchase a permit under this section 
if the vessel authorized to engage in fishing under the permit, or any 
Federal fishing permit or license applicable to that vessel, is 
transferred to a different person after November 10, 1999.
    (c) Compensation Notification.--No later than 45 days after the 
date of enactment of this Act, the Secretary shall, by certified mail 
return receipt requested, addressed to each eligible permit holder, 
notify each eligible permit holder of--
            (1) the compensation provisions of this Act; and
            (2) any other compensation instructions or guidance that 
        the Secretary may establish.
    (d) Compensation Amount.--
            (1) In general.--Subject to paragraph (2), the compensation 
        amount shall be a payment of--
                    (A) $50,000 per eligible permit holder for all 
                permits referred to in subsection (a)(1) that are held 
                by the eligible permit holder, reduced by the fair 
                market value of any type of such permits that is not 
                held by the eligible permit holder; plus
                    (B) for each eligible permit holder that reported 
                to the National Marine Fisheries Service any landings 
                of highly migratory species by any vessel authorized to 
                be used for fishing under the permit or permits for 
                which the payment is made for the period beginning on 
                January 1, 1999, and ending on October 1, 1999, a 
                landing payment that the Secretary determines in 
                accordance with subsection (e).
            (2) Reduction for obligations owed to the u.s.--The 
        compensation amount determined under paragraph (1) shall be 
        reduced by the amount of any lien, judgment, or other such 
        final obligation owed to the United States by the eligible 
        permit holder. Before making payment under this section, the 
        Secretary shall identify all such outstanding obligations with 
        respect to an eligible permit holder and notify that person of 
        the amount of the reduction under this paragraph and the 
        obligations taken into account.
    (e) Landing Payment Determination.--The Secretary's determinations 
of all landing payments under subsection (d) shall be final and shall 
be made as follows:
            (1) The basis for each landing payment shall be the gross 
        ex-vessel value of all fish (regardless of species) landed by 
        the eligible vessel during any 1 calendar year in the period 
        beginning with the calendar year 1992 and ending with calendar 
        year 1998.
            (2) The amount of each landing payment shall be 100 percent 
        of such basis, up to $400,000.
            (3) No later than 105 days after the date of enactment of 
        this Act each permit holder who desires to be compensated under 
        this section must--
                    (A) advise the Secretary which single calendar year 
                from 1992 through 1998 the permit holder chooses 
                pursuant to paragraph (1) as the basis for the permit 
                holder's landing payment; and
                    (B) submit to the Secretary the permit holder's 
                documentation for the gross ex-vessel value of all fish 
                (regardless of species) landed by the eligible vessel 
                during the basis year chosen, that--
                            (i) is the form of trip tickets or any 
                        relevant criteria required by the Secretary to 
                        verify eligibility (or other landing 
                        documentation issued by the first ex-vessel 
                        fish buyer or buyers) for the eligible vessel 
                        that clearly establishes on their face the 
                        identity and location of the first fish buyer;
                            (ii) states each vessel from which the fish 
                        was bought;
                            (iii) states the date the fish was bought, 
                        and how many pounds of each species of fish was 
                        bought; and
                            (iv) states how much per pound the landing 
                        vessel was paid for each species of fish bought 
                        (no other documentation shall be acceptable); 
                        or
                    (C) advise the Secretary that the permit holder 
                does not possess adequate documentation and, 
                consequently elects to have the Secretary calculate a 
                default landing payment.
            (4) If the permit holder submits adequate documentation the 
        Secretary shall use it to calculate the landing payment. If the 
        permit holder elects to have the Secretary calculate a default 
        landing payment (or submits inadequate documentation), the 
        Secretary shall calculate a default payment by applying average 
        ex-vessel prices (where possible, for each month of landing and 
        State or area of landing as maintained in the National Marine 
        Fisheries Service's databases) to each pound of species of fish 
        landed by the permit holder's eligible vessel during the basis 
        year that the permit holder chooses.
    (f) Compensation Offer.--No later than 165 days after the date of 
enactment of this Act, the Secretary shall, by certified mail return 
receipt requested, addressed to each eligible permit holder at its 
record address, offer each eligible permit holder compensation for an 
amount determined in accordance with this section. The Secretary's 
offer shall be final and not subject to negotiation or counteroffer.
    (g) Compensation Offer Acceptance.--
            (1) In general.--Each eligible permit holder who desires to 
        be compensated in accordance with this Act must accept the 
        Secretary's compensation offer no later than 195 days after the 
        date of enactment of this Act. Such acceptance--
                    (A) must be in writing signed by the permit holder 
                or permit holder's duly authorized representative and 
                delivered to the Chief, Financial Services Division, 
                National Marine Fisheries Service, 1315 East-West 
                Highway, Silver Spring, MD 20910-3282, and the 
                acceptance letter shall include any necessary direct 
                wire transfer instructions;
                    (B) shall constitute the permit holder's 
                irrevocable consent for all other restrictions that 
                this Act permanently requires with respect to the 
                eligible vessel, and all such restrictions shall 
                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.
            (2) Delivery by mail.--If the acceptance is mailed, it must 
        be mailed by certified mail return receipt requested. The 
        Secretary shall consider the date of acceptance to be the date 
        on which it was mailed.
            (3) Delivery other than by mail.--If acceptance is 
        delivered by any other means, the Secretary shall consider the 
        date of acceptance to be the date on which the Secretary first 
        received the acceptance. The Secretary's determinations 
        regarding the timeliness of the acceptance shall be final.
    (h) Compensation Payment.--No later than 225 days after the date of 
enactment of this Act, the Secretary shall, in accordance with this 
section, pay compensation in full to each permit holder whose 
acceptance of the Secretary's offer was timely.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated $25,000,000 for the compensation payments authorized under 
this section.

SEC. 7. RESTRICTIONS ON VESSELS.

    (a) In General.--
            (1) Revocation of fishing permits.--Except as provided in 
        paragraph (2), all commercial fishing permits or licenses held 
        by an eligible permit holder accepting compensation under 
        section 6 shall be revoked upon receipt by the Secretary of the 
        letter of acceptance under section 6(g).
            (2) Certain transfers may be allowed.--The Secretary may 
        allow, under regulations issued by this Secretary, a transfer 
        of such a permit to another entity if the Secretary determines 
        that the permit will not be used for pelagic longline fishing.
            (3) Global disqualification of vessel.--A vessel that was 
        authorized to engage in fishing under a permit or license that 
        is revoked under this section shall never again be used by any 
        person anywhere in the world (regardless of the national status 
        of such person) for commercial fishing.
            (4) Notice.--The Secretary shall notify the Secretary of 
        Transportation of each revocation of a vessel's fishing permits 
        and licenses under this Act. The notice shall include any 
        future restrictions on the vessel required by this Act.
    (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 surrendered or 
revoked, respectively, under section 5(c) or 7(a)(1) of the Atlantic 
Highly Migratory Species Conservation Act of 2001,'' before ``is not 
eligible''.
    (c) Transfer to Foreign Ownership or Registry Prohibited.--
            (1) Prohibited transfer.--No person may--
                    (A) sell, lease, charter, deliver, or in any manner 
                transfer, or agree to sell, lease, charter, deliver, or 
                in any manner transfer, to a person who is not a 
                citizen of the United States, any interest in or 
                control of a vessel that was authorized to be used to 
                engage in fishing under a permit or license revoked 
                under this section; or
                    (B) place such a vessel under foreign registry or 
                operate that vessel under the authority of a foreign 
                country.
            (2) Void effect.--Any sale, lease, charter, delivery, or 
        transfer of a vessel, or interest in or control of a vessel, in 
        violation of this subsection is void.
    (d) Penalties.--
            (1) Criminal penalty.--Any person that knowingly violates 
        this section, or knowingly submits false documentation for the 
        landing payment under section 6, shall be fined under title 18, 
        United States Code, imprisoned for not more than 5 years, or 
        both.
            (2) Forfeiture.--A vessel (including its fishing gear, 
        furniture, appurtenances, stores, and cargo) may be seized by, 
        and forfeited to, the United States Government if--
                    (A)(i) the vessel is placed under foreign registry 
                or operated under the authority of a foreign country in 
                violation of this section;
                    (ii) a person knowingly sells, leases, charters, 
                delivers, or transfers the vessel, or an interest in or 
                control of that vessel, in violation of this section;
                    (B) the vessel is used for commercial fishing in 
                violation of this section; or
                    (C) a permit holder submits false documentation for 
                the landing payment under section 6 with respect to 
                landings made, or alleged to have been made, using the 
                vessel.
            (3) Civil penalty.--A person that sells, leases, charters, 
        delivers, or transfers a vessel (or an interest in or control 
        of a vessel) in violation of this section, uses a vessel for 
        commercial fishing in violation of this section, or submits 
        false documentation for the landing payment under section 6 is 
        subject to a civil penalty determined by the Secretary under 
        section 308 of the Magnuson-Stevens Act (16 U.S.C. 1858).
    (e) Vessel Identification System.--The Secretary of Transportation 
shall ensure that, for each vessel that was authorized to be used to 
engage in fishing under a permit or license that is revoked under this 
section, information is recorded and maintained in the vessel 
identification system established under chapter 125 of title 46, United 
States Code, stating that--
            (1) the vessel is prohibited under this Act from engaging 
        in commercial fishing anywhere in the world;
            (2) the vessel is not eligible for any commercial fishing 
        permit or license, regardless of whether the permit or license 
        is issued by the Federal Government, or a State government or 
        political subdivision thereof; and
            (3) use of the vessel in any commercial fishing operation 
        may result in Federal civil and criminal penalties and 
        forfeiture of the vessel and its cargo and equipment.

SEC. 8. RESTRICTIONS ON COMPENSATED ELIGIBLE PERMIT HOLDERS.

    Any eligible permit holder who has been compensated under section 6 
is prohibited from reentering the Directed Swordfish Limited Access 
Fishery or Atlantic Tuna Longline Fishery.

SEC. 9. PROHIBITED ACT UNDER MAGNUSON-STEVENS ACT.

    A person who violates this Act or any regulation under 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. 10. INFORMATION COLLECTION REVIEW NOT TO APPLY.

    Section 3507 of title 44, United States Code, does not apply to the 
collection of information under this Act.

SEC. 11. HIGHLY MIGRATORY SPECIES BYCATCH MORTALITY REDUCTION RESEARCH 
              PROGRAM.

    (a) Establishment of Program.--There is established within the 
National Marine Fisheries Service at the Southeast Fisheries Science 
Center a Pelagic Longline Highly Migratory Species Bycatch and 
Mortality Reduction Research Program. The Program shall identify and 
test a variety of pelagic longline fishing gear configurations and 
uses, including recreational catch and release, and determine which of 
those configurations and uses are the most effective in reducing highly 
migratory species mortality and sea turtle mortality in the pelagic 
longline fisheries in the exclusive economic zone of the United States 
in the Atlantic Ocean. The program shall also include provision for 
observers to be placed on pelagic longline fishing vessels for the 
purposes of monitoring the fishery and participating in the research 
program. To fund the observers, the Secretary shall collect a fee that 
shall not exceed 1 percent of the ex-vessel value of fish harvested 
from Atlantic and Gulf of Mexico pelagic longline vessels, and shall be 
collected at either the time of the landing, filing of a landing 
report, or sale of such fish during a fishing season in the last 
quarter of the calendar year in which the fish is harvested.
    (b) Program Design.--The Program design shall be developed through 
a scientific workshop organized and convened by the Southeast Fisheries 
Science Center of the National Marine Fisheries Service. Knowledgeable 
members of the pelagic longline fishing sector, the recreational 
billfish and tuna sector, and the conservation community, along with 
scientists associated with each such entity, shall be invited to 
participate on the workshop design team. The Center shall make its best 
efforts to ensure that each such sector is fairly represented on the 
design team. The program design shall be submitted to the Secretary no 
later than 120 days after the date of enactment of this Act and shall 
include a statistically significant recommendation for the level of 
observer coverage on pelagic longline fishing vessels that is necessary 
to monitor the fishery effectively and participate in the research 
program.
    (c) Marlin Research.--The Secretary shall place emphasis on 
determining the gear configurations and uses that are the most 
effective in reducing blue and white marlin mortality in the exclusive 
economic zone of the United States in the Atlantic Ocean.
    (d) Report to Congress.--No later than 90 days after the third year 
of closure of the Gulf of Mexico Conservation Zone For Highly Migratory 
Species under section 5(a), the Secretary shall submit a report on the 
Program's determinations to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Resources of the 
House of Representatives. The report shall include proposed statutory 
language for legislation that may be appropriate prior to the 
expiration of the closure of the Gulf of Mexico Conservation Zone For 
Highly Migratory Species.

SEC. 12. REALLOCATION OF TOTAL ALLOWABLE CATCH.

    The Secretary shall reallocate, to the United States commercial 
swordfish hand gear fishing fleet, the portion of total allowable catch 
of swordfish by the United States pelagic longline fishing fleet that 
was attributable to vessels that were authorized to engage in fishing 
under permits and licenses revoked under section 7. Such reallocation 
shall be based on the data used to calculate landing payments under 
section 6(e) for such vessels.

SEC. 13. MONITORING AND EVALUATION OF AREA CLOSURES.

    (a) Annual Monitoring and Evaluation.--The Secretary shall closely 
monitor and evaluate, on an annual basis, the effectiveness of the 
fishing area closures made by section 5.
    (b) Response Action.--As a result of the monitoring and evaluation, 
the Secretary shall take additional action as necessary to minimize 
bycatch to meet the requirements of the Magnuson-Stevens Act and all 
other applicable laws.

SEC. 14. VESSEL MONITORING DEVICE.

    (a) In General.--Beginning 225 days after the date of the enactment 
of this Act, no person shall operate a pelagic longline vessel in an 
Atlantic Ocean highly migratory species fishery unless the vessel is 
equipped with a vessel monitoring device approved by the Secretary.
    (b) Costs.--Any cost attributable to the initial purchase and 
installation of vessel monitoring devices required by subsection (a) 
shall be paid for by the Secretary. The Secretary shall reimburse any 
person who provides sufficient documentation that they previously 
purchased such equipment in order to comply with the highly migratory 
species fishery management plan final rule published on May 28, 1999 
(64 F.R. 29090).
    (c) Civil Penalty.--A person who operates a vessel in violation of 
this section is subject to a civil penalty determined by the Secretary 
under section 308 of the Magnuson-Stevens Act (16 U.S.C. 1858).
    (d) Limitation on Application.--If the Secretary publishes a 
finding that adequate amounts are not available to pay costs and 
reimbursement under subsection (b) to place vessel monitoring devices 
on vessels, then subsection (a) does not apply. This subsection does 
not limit or otherwise affect any requirement for vessel monitoring 
devices on such vessels imposed under the authority of any other law.

SEC. 15. EFFECTIVE DATE.

    Sections 5 and 6 shall take effect on the date the Secretary 
publishes a finding that sufficient funds are available to carry out 
section 6 and section 11.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary--
            (1) $250,000 per fiscal year for the cost of carrying out 
        the compensation program under section 6;
            (2) $2,400,000 for vessel monitoring devices under section 
        14;
            (3) $3,000,000 for research under section 11; and
            (4) such sums as may be necessary carry out all other 
        functions under the Act.
    (b) Southeast Fisheries Science Center.--In addition to amounts 
authorized under subsection (a), 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.
                                 <all>