[Congressional Record Volume 146, Number 141 (Tuesday, October 31, 2000)]
[House]
[Pages H11704-H11706]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 STRIPED BASS CONSERVATION, ATLANTIC COASTAL FISHERIES MANAGEMENT, AND 
              MARINE MAMMAL RESCUE ASSISTANCE ACT OF 2000

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 2903) to assist in the conservation of coral reefs, 
as amended.
  The Clerk read as follows:

                               H.R. 2903

       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 ``Striped Bass Conservation, 
     Atlantic Coastal Fisheries Management, and Marine Mammal 
     Rescue Assistance Act of 2000''.

                  TITLE I--ATLANTIC COASTAL FISHERIES

              Subtitle A--Atlantic Striped Bass Conservation

     SEC. 101. REAUTHORIZATION OF ATLANTIC STRIPED BASS 
                   CONSERVATION ACT.

       Section 7(a) of the Atlantic Striped Bass Conservation Act 
     (16 U.S.C. 1851 note) is amended to read as follows:
       ``(a) Authorization.--For each of fiscal years 2001, 2002, 
     and 2003, there are authorized to be appropriated to carry 
     out this Act--
       ``(1) $1,000,000 to the Secretary of Commerce; and
       ``(2) $250,000 to the Secretary of the Interior.''.

     SEC. 102. POPULATION STUDY OF STRIPED BASS.

       (a) Study.--The Secretaries (as that term is defined in the 
     Atlantic Striped Bass Conservation Act), in consultation with 
     the Atlantic States Marine Fisheries Commission, shall 
     conduct a study to determine if the distribution of year 
     classes in the Atlantic striped bass population is 
     appropriate for maintaining adequate recruitment and 
     sustainable fishing opportunities. In conducting the study, 
     the Secretaries shall consider--
       (1) long-term stock assessment data and other fishery-
     dependent and independent data for Atlantic striped bass; and
       (2) the results of peer-reviewed research funded under the 
     Atlantic Striped Bass Conservation Act.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretaries, in consultation with 
     the Atlantic States Marine Fisheries Commission, shall submit 
     to the Committee on Resources of the House of Representatives 
     and the Committee on Commerce, Science and Transportation of 
     the Senate the results of the study and a long-term plan to 
     ensure a balanced and healthy population structure of 
     Atlantic striped bass, including older fish. The report shall 
     include information regarding--
       (1) the structure of the Atlantic striped bass population 
     required to maintain adequate recruitment and sustainable 
     fishing opportunities; and
       (2) recommendations for measures necessary to achieve and 
     maintain the population structure described in paragraph (1).
       (c) Authorization.--There are authorized to be appropriated 
     to the Secretary of Commerce $250,000 to carry out this 
     section.

     Subtitle B--Atlantic Coastal Fisheries Cooperative Management

     SEC. 121. SHORT TITLE.

       This subtitle may be cited as the ``Atlantic Coastal 
     Fisheries Act of 2000''.

     SEC. 122. REAUTHORIZATION OF ATLANTIC COASTAL FISHERIES 
                   COOPERATIVE MANAGEMENT ACT.

       (a) Authorization of Appropriations.--Section 811 of the 
     Atlantic Coastal Fisheries Cooperative Management Act (16 
     U.S.C. 5108) is amended to read as follows:

     ``SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--To carry out this title, there are 
     authorized to be appropriated $10,000,000 for each of fiscal 
     years 2001 through 2005.
       ``(b) Cooperative Statistics Program.--Amounts authorized 
     under subsection (a) may be used by the Secretary to support 
     the Commission's cooperative statistics program.''.
       (b) Technical Corrections.--
       (1) In general.--Such Act is amended--
       (A) in section 802(3) (16 U.S.C. 5101(3)) by striking 
     ``such resources in'' and inserting ``such resources is''; 
     and
       (B) by striking section 812 and the second section 811.
       (2) Amendments to repeal not affected.--The amendments made 
     by paragraph (1)(B) shall not affect any amendment or repeal 
     made by the sections struck by that paragraph.
       (3) Short title references.--Such Act is further amended by 
     striking ``Magnuson Fishery'' each place it appears and 
     inserting ``Magnuson-Stevens Fishery''.
       (c) Reports.--
       (1) Annual report to the secretary.--The Secretary shall 
     require, as a condition of providing financial assistance 
     under this subtitle, that the Commission and each State 
     receiving such assistance submit to the Secretary an annual 
     report that provides a detailed accounting of the use the 
     assistance.
       (2) Biennial reports to the congress.--The Secretary shall 
     submit biennial reports to the Committee on Resources of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate on the use of 
     Federal assistance provided to the Commission and the States 
     under this subtitle. Each biennial report shall evaluate the 
     success of such assistance in implementing this subtitle.

   TITLE II--JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT 
                                PROGRAM

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Marine Mammal Rescue 
     Assistance Act of 2000''.

     SEC. 202. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE 
                   GRANT PROGRAM.

       (a) In General.--Title IV of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1371 et seq.) is amended--
       (1) by redesignating sections 408 and 409 as sections 409 
     and 410, respectively; and
       (2) by inserting after section 407 the following:

     ``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE 
                   GRANT PROGRAM.

       ``(a) In General.--(1) Subject to the availability of 
     appropriations, the Secretary shall conduct a grant program 
     to be known as the John H. Prescott Marine Mammal Rescue 
     Assistance Grant Program, to provide grants to eligible 
     stranding network participants for the recovery or treatment 
     of marine mammals, the collection of data from living or dead 
     stranded marine mammals for scientific research regarding 
     marine mammal health, and facility operation costs that are 
     directly related to those purposes.
       ``(2)(A) The Secretary shall ensure that, to the greatest 
     extent practicable, funds provided as grants under this 
     subsection are distributed equitably among the stranding 
     regions designated as of the date of the enactment of the 
     Marine Mammal Rescue Assistance Act of 2000, and in making 
     such grants shall give preference to those facilities that 
     have established records for rescuing or rehabilitating sick 
     and stranded marine mammals in each of the respective 
     regions, or subregions.
       ``(B) In determining priorities among such regions, the 
     Secretary may consider--
       ``(i) any episodic stranding or any mortality event other 
     than an event described in section 410(6), that occurred in 
     any region in the preceding year;
       ``(ii) data regarding average annual strandings and 
     mortality events per region; and

[[Page H11705]]

       ``(iii) the size of the marine mammal populations 
     inhabiting a geographic area within such a region.
       ``(b) Application.--To receive a grant under this section, 
     a stranding network participant shall submit an application 
     in such form and manner as the Secretary may prescribe.
       ``(c) Consultation.--The Secretary shall consult with the 
     Marine Mammal Commission, a representative from each of the 
     designated stranding regions, and other individuals who 
     represent public and private organizations that are actively 
     involved in rescue, rehabilitation, release, scientific 
     research, marine conservation, and forensic science regarding 
     stranded marine mammals, regarding the development of 
     criteria for the implementation of the grant program and the 
     awarding of grants under the program.
       ``(d) Limitation.--The amount of a grant under this section 
     shall not exceed $100,000.
       ``(e) Matching Requirement.--
       ``(1) In general.--The non-Federal share of the costs of an 
     activity conducted with a grant under this section shall be 
     25 percent of such costs.
       ``(2) In-kind contributions.--The Secretary may apply to 
     the non-Federal share of an activity conducted with a grant 
     under this section the amount of funds, and the fair market 
     value of property and services, provided by non-Federal 
     sources and used for the activity.
       ``(f) Administrative Expenses.--Of amounts available each 
     fiscal year to carry out this section, the Secretary may 
     expend not more than 6 percent or $80,000, whichever is 
     greater, to pay the administrative expenses necessary to 
     carry out this section.
       ``(g) Definitions.--In this section:
       ``(1) Designated stranding region.--The term `designated 
     stranding region' means a geographic region designated by the 
     Secretary for purposes of administration of this title.
       ``(2) Secretary.--The term `Secretary' has the meaning 
     given that term in section 3(12)(A).
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $5,000,000 for each of fiscal years 2001 through 2003, to 
     remain available until expended, of which--
       ``(1) $4,000,000 may be available to the Secretary of 
     Commerce; and
       ``(2) $1,000,000 may be available to the Secretary of the 
     Interior.''.
       (b) Conforming Amendment.--Section 3(12)(B) of the Marine 
     Mammal Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is 
     amended by inserting ``(other than section 408)'' after 
     ``title IV''.
       (c) Clerical Amendment.--The table of contents in the first 
     section of the Marine Mammal Protection Act of 1972 (86 Stat. 
     1027) is amended by striking the items relating to sections 
     408 and 409 and inserting the following:

``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant 
              Program.
``Sec. 409. Authorization of appropriations.
``Sec. 410. Definitions.''.

     SEC. 203. STUDY OF THE EASTERN GRAY WHALE POPULATION.

       (a) Study.--Not later than 180 days after the date of 
     enactment of this Act and subject to the availability of 
     appropriations, the Secretary of Commerce shall initiate a 
     study of the environmental and biological factors responsible 
     for the significant increase in mortality events of the 
     eastern gray whale population and other potential impacts 
     these factors may be having on the eastern gray whale 
     population.
       (b) Consideration of Western Population Information.--The 
     Secretary should ensure that, to the greatest extent 
     practicable, information from current and future studies of 
     the western gray whale population is considered in the study 
     under this section, so as to better understand the dynamics 
     of each population and to test different hypotheses that may 
     lead to an increased understanding of the mechanism driving 
     their respective population dynamics.
       (c) Authorization of Appropriations.--In addition to other 
     amounts authorized under this title, there are authorized to 
     be appropriated to the Secretary to carry out this section--
       (1) $290,000 for fiscal year 2001; and
       (2) $500,000 for each of fiscal years 2002 through 2004.

     SEC. 204. CONVEYANCE OF FISHERY RESEARCH VESSEL TO AMERICAN 
                   SAMOA.

       (a) In General.--The Secretary of Commerce (in this section 
     referred to as the ``Secretary'') may convey to the 
     Government of American Samoa in accordance with this section, 
     without consideration, all right, title, and interest of the 
     United States in and to a retired National Oceanic and 
     Atmospheric Administration fishery research vessel in 
     operable condition, for use by American Samoa.
       (b) Limitation.--The Secretary may not convey a vessel 
     under this section before the date on which a new replacement 
     fishery research vessel has been delivered to the National 
     Oceanic and Atmospheric Administration and put in active 
     service.
       (c) Operation and Maintenance.--The Government of the 
     United States shall not be responsible or liable for any 
     maintenance or operation of a vessel conveyed under this 
     section after the date of the delivery of the vessel to 
     American Samoa.

     SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO 
                   NATIONAL MARINE SANCTUARY DESIGNATION 
                   STANDARDS.

       (a) Technical Amendment.--Section 303(a) of the National 
     Marine Sanctuaries Act (16 U.S.C. 1433(a)) is amended by 
     striking ``the Secretary--'' and all that follows through the 
     end of the sentence and inserting the following: ``the 
     Secretary determines that--
       ``(1) the designation will fulfill the purposes and 
     policies of this title;
       ``(2) the area is of special national significance due to--
       ``(A) its conservation, recreational, ecological, 
     historical, scientific, cultural, archeological, educational, 
     or esthetic qualities;
       ``(B) the communities of living marine resources it 
     harbors; or
       ``(C) its resource or human-use values;
       ``(3) existing State and Federal authorities are inadequate 
     or should be supplemented to ensure coordinated and 
     comprehensive conservation and management of the area, 
     including resource protection, scientific research, and 
     public education;
       ``(4) designation of the area as a national marine 
     sanctuary will facilitate the objectives stated in paragraph 
     (3); and
       ``(5) the area is of a size and nature that will permit 
     comprehensive and coordinated conservation and management.''.
       (b) Conforming Amendments.--Such Act is further amended--
       (1) in section 304(a)(1)(C) (as amended by section 6(a) of 
     the National Marine Sanctuaries Amendments Act of 2000) by 
     striking ``the Secretary shall''; and
       (2) in section 304(a)(2)(E) (as amended by section 6(b) of 
     the National Marine Sanctuaries Amendments Act of 2000) by 
     striking ``findings'' and inserting ``determinations''.
       (c) Effective Date.--This section shall take effect 
     immediately after the National Marine Sanctuaries Amendments 
     Act of 2000 takes effect.

     SEC. 206. WESTERN PACIFIC PROJECT GRANTS.

       Section 111(b)(1) of the Sustainable Fisheries Act (16 
     U.S.C. 155 note) is amended by striking the last sentence and 
     inserting ``There are authorized to be appropriated to carry 
     out this section $500,000 for each fiscal year.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska (Mr. Young) and the gentleman from California (Mr. George 
Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 2903 will help manage and conserve America's 
fisheries and benefit marine mammals. Because of the press of time 
before we adjourn and the limited number of legislative days, we have 
folded together nearly a dozen previously House- or Senate-passed 
fisheries conservation measures. These bipartisan provisions include 
the reauthorization of the Atlantic Striped Bass Conservation Act and 
the Atlantic Coastal Fisheries Cooperative Management Act, a grant 
program from marine mammal stranding networks, and a study of eastern 
gray whale populations. All these measures deserve our support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  (Mr. GEORGE MILLER of California asked and was given permission to 
revise and extend his remarks.)
  Mr. GEORGE MILLER of California. Mr. Speaker, I rise in strong 
support of this legislation. The gentleman from Alaska (Mr. Young) has 
accurately described the contents of this legislation and we urge the 
Members of the House to support it.
  This package includes several bills that have passed the House 
already this year.
  These include measures to conserve striped bass and other Atlantic 
coastal fisheries, as well as provisions to improve our understanding 
of marine mammal strandings around the United States, including the 
strandings of gray whales which has been a significant problem on the 
California coast.
  Finally it includes a few technical measures and a vessel conveyance 
to American Samoa that is supported by the Administration. I am aware 
of no opposition to this package, and I urge Members to support it.
  Mr. SAXTON. Mr. Speaker, I rise in strong support of H.R. 2903. 
Included in this important bill are three measures I introduced that 
have already been approved overwhelmingly by the House.
  First, the bill reauthorizes the Atlantic Striped Bass Conservation 
Act for Fiscal Years 2001, 2002 and 2003. It also requires the National 
Marine Fisheries Service to conduct an important study to determine the 
age distribution of Atlantic striped bass populations and the age 
structure necessary to maintain adequate recruitment and sustainable 
opportunities for Jersey Coast fishermen along Long Beach Island in my 
District.
  The second bill reauthorizes the Atlantic Coastal Fisheries 
Cooperative Management

[[Page H11706]]

Act through Fiscal year 2005, which encourages and assists states in 
the management of important recreational and commercial fisheries along 
the Atlantic Coast from Maine to Florida, such as the all important 
striped bass, summer flounder, and bluefish.
  The third bill creates the John H. Prescott Marine Mammal Rescue 
Assistance Grant Program as well as authorizes a study on the unusual 
high mortality rates of eastern gray whale population along our Pacific 
coast.
  Specifically, the Prescott grant program will fill a void under Title 
IV of the Marine Mammal Protection Act by making a small, but critical 
amount of money available through a competitive grant process to help 
cover a portion of the costs associated with day-to-day stranding 
events. I believe it is very important we demonstrate our support and 
appreciation for the efforts of all those people along our coasts who 
help our government agencies assist in the rescue, recovery and 
rehabilitation of stranded marine mammals.
  I urge an ``aye'' vote.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield back the 
balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Alaska (Mr. Young) that the House suspend the rules and 
pass the bill, H.R. 2903, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read:

       ``A bill to reauthorize the Striped Bass Conservation Act, 
     and for other purposes.''

  A motion to reconsider was laid on the table.

                          ____________________