[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 973 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 973
To expedite relief provided under the Magnuson-Stevens Fishery
Conservation and Management Act for the commercial fishery failure in
the Pacific Coast Groundfish Fishery, to improve fishery management and
enforcement in that fishery, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 25, 2001
Mr. Wyden (for himself and Mr. Smith of Oregon) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To expedite relief provided under the Magnuson-Stevens Fishery
Conservation and Management Act for the commercial fishery failure in
the Pacific Coast Groundfish Fishery, to improve fishery management and
enforcement in that fishery, 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 ``Pacific Coast Groundfish Fishery
Preservation Act''.
SEC. 2. PILOT PROJECT FOR CHARITABLE DONATION OF BYCATCH.
(a) In General.--The Secretary of Commerce shall initiate a pilot
project under which fishermen in a commercial fishery covered by the
West Coast groundfish fishery are permitted to donate bycatch, or
regulatory discards, of fish to charitable organizations rather than
discard them. The pilot program shall incorporate a means, through the
requirement of on-vessel observers or other safeguards, of ensuring
that the opportunity to donate such fish does not encourage or permit
the evasion of per-vessel trip limits, total allowable catch limits, or
other fishery management plan measures.
(b) Reports.--
(1) Initiation.--The Secretary shall notify the Senate
Committee on Commerce, Science, and Transportation, within 90
days after the date of enactment of this Act and before the
pilot project is implemented, of--
(A) the fishing season in which the pilot project
will be conducted; and
(B) the period during which the pilot project will
be conducted.
(2) Follow-up.--Within 90 days after the pilot project
terminates the Secretary shall submit to the Committee a report
containing findings with respect to the pilot project and the
Secretary's analysis of the ramifications of the pilot project
based on those findings.
SEC. 3. REPORT ON DISASTER ASSISTANCE FOR PACIFIC COAST GROUNDFISH
FISHERY.
The Secretary shall report to the Senate Committee on Commerce,
Science, and Transportation no later than 45 days after the date of
enactment of this Act the action or actions taken under section 312(a)
of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861a(a)) to provide disaster relief to fishing communities
affected by the commercial fishery failure in the Pacific Coast
groundfish fishery. The Secretary shall include in the report any
recommendations the Secretary deems appropriate for additional
legislation or changes in existing law that would enable the Department
of Commerce to respond more expeditiously in the future to fisheries
disasters resulting from commercial fishery failures.
SEC. 4. CAPACITY REDUCTION IN THE PACIFIC COAST GROUNDFISH FISHERY.
(a) In General.--The Secretary of Commerce shall, after notice and
an opportunity for public comment, adopt regulations to implement a
fishing capacity reduction plan for the Pacific Coast groundfish
fishery under section 312(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a(b)) that--
(1) has been developed in consultation with affected
parties whose participation in the plan is required for its
successful implementation;
(2) will obtain the maximum sustained reduction in fishing
capacity at the least cost through the use of a reverse auction
process in which vessels and permits are purchased;
(3) will not expand the size or scope of the commercial
fishery failure in that fishery or into other fisheries or
other geographic regions;
(4) except as otherwise specifically provided in this
section, meets the requirements of that section; and
(5) incorporates the components described in subsection (c)
of this section.
(b) Expedited Adoption of Plan.--In carrying out subsection (a),
the Secretary--
(1) shall publish notice in the Federal Register within 30
days after the date of enactment of this Act of implementation
of the fishing capacity reduction plan;
(2) provide for public comment for a period of 60 days
after publication; and
(3) adopt final regulations to implement the plan within 45
days after the close of the public comment period under
paragraph (2).
(c) Plan Components.--The fishery capacity reduction plan shall--
(1) provide for a significant reduction in the fishing
capacity in the Pacific Coast groundfish fisheries;
(2) permanently revoke all State and Federal fishery
licenses, fishery permits, area and species endorsements, and
any other fishery privileges for West Coast groundfish, Pacific
pink shrimp, Dungeness crab, and Pacific salmon (troll permits
only) issued to a vessel or vessels (or to persons on the basis
of their operation or ownership of that vessel or vessels) for
which a Pacific Coast groundfish fisheries reduction permit is
issued under section 600.1011(b) of title 50, Code of Federal
Regulations;
(3) ensure that the Secretary of Transportation is notified
of each vessel for which a reduction permit is surrendered and
revoked under the program, with a request that such Secretary
permanently revoke the fishery endorsement of each such vessel
and refuse permission to transfer any such vessel to a foreign
flag under subsection (f) of this section;
(4) ensure that vessels removed from the Pacific Coast
groundfish fisheries under the program are made permanently
ineligible to participate in any fishery worldwide, and that
the owners of such vessels contractually agree that such
vessels will operate only under the United States flag or be
scrapped as a reduction vessel pursuant to section 600.1011(c)
of title 50, Code of Federal Regulations;
(5) ensure that vessels removed from the Pacific Coast
groundfish fisheries, the owners of such vessels, and the
holders of fishery permits for such vessels forever relinquish
any claim associated with such vessel, permits, and any catch
history associated with such vessel or permits that could
qualify such vessel, vessel owner, or permit holder for any
present or future limited access system fishing permits in the
United States fisheries based on such vessel, permits, or catch
history; and
(6) notwithstanding section 1111(b) of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1279f(b)(4)), establish a repayment
period for the reduction loan of not less than 30 years.
(d) Funding for Buyback of Vessels and Permits.--
(1) In general.--There shall be available to the Secretary
to complete the purchase of vessels and permits under the
fishery capacity reduction plan the sum of $50,000,000, of
which--
(A) $25,000,000 shall be from amounts appropriated
to the Secretary for this purpose (the appropriation of
which is hereby authorized for fiscal year 2002, with
any amounts not expended in fiscal year 2002 to remain
available until expended); and
(B) $25,000,000 shall be from an industry fee
system established under subsection (e).
(2) Advance of industry fee portion.--The industry fee
portion under paragraph (1)(B) for fiscal year 2002 and
thereafter shall be financed by a reduction loan under sections
1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46
U.S.C. App. 1279f and 1279g).
(e) Industry Fees.--
(1) In general.--As part of the fishery capacity reduction
plan, the Secretary shall establish an industry fee system
under section 312(d) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a(d)) to
generate revenue to repay the loan provided under subsection
(d)(2).
(2) Allocation of fees.--The Secretary shall allocate the
fees payable under the industry fee system among--
(A) holders of Pacific Coast groundfish permits,
(B) holders of Washington, Oregon, and California
pink shrimp fishing permits,
(C) holders of Washington, Oregon, and California
salmon trolling permits, and
(D) holders of Washington, Oregon, and California
Dungeness crab fishing permits,
so that the percentage of the revenue generated by the fee
system from holders of each kind of permit will correspond to
the percentage of the total amount paid under buyback program
for that kind of permit.
(f) Duties of Secretary of Transportation.--
(1) The Secretary of Transportation shall, upon
notification and request by the Secretary, for each vessel
identified in such notification and request--
(A) permanently revoke any fishery endorsement
issued to such vessel under section 12108 of title 46,
United States Code; and
(B) refuse to grant the approval required under
section 9(c)(2) of the Shipping Act, 1916 (46 U.S.C.
App. 808(c)(2)) for the placement of such vessel under
foreign registry or the operation of such vessel under
the authority of a foreign country.
(2) The Secretary shall, after notice and opportunity for
public comment, adopt final regulations not later than 6 months
after the date of enactment of this Act, to prohibit any vessel
for which a reduction permit is surrendered and revoked under
the fishing capacity reduction program required by this section
from engaging in fishing activities on the high seas or under
the jurisdiction of any foreign country while operating under
the United States flag.
(g) Regulatory Flexibility.--Any requirements of the Paperwork
Reduction Act, the Regulatory Flexibility Act, or any Executive order
that would, in the opinion of the Secretary, prevent the Secretary from
meeting the deadlines set forth in this section shall not apply to the
fishing capacity reduction program or the promulgation of regulations
to implement such program required by this section.
SEC. 5. COLLECTION OF INDUSTRY FEES.
(a) In General.--The Secretary shall enter into an agreement with
the States of California, Oregon, and Washington to collect program
fees paid under the system established under section 4(e).
(b) Withholding Fee From Purchase Price.--The fee for each vessel
required to pay a program fee under that system shall be deducted by
the first ex-vessel fish purchaser from the proceeds otherwise payable
to the seller and forwarded to the appropriate State at the same time
and in the same manner as other fees or taxes are forwarded to that
State.
(c) State To Collect and Forward Fees.--Upon receipt of program
fees forwarded by fish purchasers under subsection (b), the State shall
forward the fees to the Secretary in the manner provided for in the
agreement established under subsection (a).
(d) Fish-Processing Vessels Treated as Purchasers.--A vessel
which--
(1) both harvests and processes fish; or
(2) receives fish from a harvesting vessel and processes
that fish on board,
shall be considered to be the first ex-vessel fish purchaser with
respect to the fish processed on the vessel and shall forward the
appropriate fees to the appropriate State at the same time and in the
same manner as other fees or taxes are forwarded to that State.
SEC. 6. AMENDMENT OF THE MERCHANT MARINE ACT, 1936, TO EXPAND PURPOSES
OF CAPITAL CONSTRUCTION FUND.
(a) In General.--Section 607(a) of the Merchant Marine Act, 1936
(46 U.S.C. App. 1177(a)) is amended by striking ``of this section.''
and inserting ``of this section. Any agreement entered into under this
section may be modified for the purpose of encouraging the
sustainability of the fisheries of the United States by making the
termination and withdrawal of a capital construction fund a qualified
withdrawal if done in exchange for the retirement of the related
commercial fishing vessels and related commercial fishing permits.''.
(b) New Qualified Withdrawals.--
(1) Amendments to merchant marine act, 1936.--Section
607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App.
1177(f)(1)) is amended--
(A) by striking ``for:'' and inserting
``for--'';
(B) by striking ``vessel'' in subparagraph (A) and
inserting ``vessel;'';
(C) by striking ``vessel, or'' in subparagraph (B)
and inserting ``vessel;'';
(D) by striking ``vessel.'' in subparagraph (C) and
inserting ``vessel;''; and
(E) by inserting after subparagraph (C) the
following:
``(D) the payment of an industry fee authorized by
the fishing capacity reduction program under section
312(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(b));
``(E) in the case of any such person or shareholder
for whose benefit such fund was established or any
shareholder of such person, a rollover contribution
(within the meaning of section 408(d)(3) of the
Internal Revenue Code of 1986) to such person's or
shareholder's individual retirement plan (as defined in
section 7701(a)(37) of such Code); or
``(F) the payment to a person or corporation
terminating a capital construction fund for whose
benefit the fund was established and retiring related
commercial fishing vessels and permits.''; and
(F) by adding at the end the following:
``(ii) The Secretary by regulation shall establish procedures to
ensure that any person making a qualified withdrawal authorized under
subparagraph (F) retires the related commercial use of fishing vessels
and commercial fishery permits.''.
(2) Amendments to internal revenue code of 1986.--Section
7518(e)(1) of the Internal Revenue Code of 1986 (relating to
purposes of qualified withdrawals) is amended--
(A) by striking ``for:'' and inserting
``for--'';
(B) by striking ``vessel, or'' in subparagraph (B)
and inserting ``vessel;'';
(C) by striking ``vessel.'' in subparagraph (C) and
inserting ``vessel;'';
(D) by inserting after subparagraph (C) the
following:
``(D) the payment of an industry fee authorized by
the fishing capacity reduction program under section
312 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a);
``(E) in the case of any person or shareholder for
whose benefit such fund was established or any
shareholder of such person, a rollover contribution
(within the meaning of section 408(d)(3)) to such
person's or shareholder's individual retirement plan
(as defined in section 7701(a)(37)); or
``(F) the payment to a person terminating a capital
construction fund for whose benefit the fund was
established and retiring related commercial fishing
vessels and permits.''; and
(E) by adding at the end the following:
``The Secretary by regulation shall establish procedures to
ensure that any person making a qualified withdrawal authorized
by subparagraph (F) retires the related commercial use of
fishing vessels and commercial fishing permits.''.
(c) Effective Date.--The amendments made by this section shall
apply to withdrawals made after the date of enactment of this Act.
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