[Congressional Record (Bound Edition), Volume 148 (2002), Part 17]
[Senate]
[Pages 23422-23425]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   FISHERIES CONSERVATION ACT OF 2002

  Mr. REID. I ask unanimous consent the Senate proceed to Calendar No. 
753, H.R. 1989.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 1989) to reauthorize various fishing 
     conservation management programs, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                               H.R. 1989

       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 ``Fisheries Conservation Act 
     of 2001''.

          [TITLE I--INTERJURISDICTIONAL FISHERIES ACT OF 1986

     [SEC. 101. REAUTHORIZATION OF INTERJURISDICTIONAL FISHERIES 
                   ACT OF 1986.

       [Section 308 of the Interjurisdictional Fisheries Act of 
     1986 (16 U.S.C. 4107) is amended--
       [(1) by amending subsection (a) to read as follows:
       [``(a) General Appropriations.--There are authorized to be 
     appropriated to the Department of Commerce for apportionment 
     to carry out the purposes of this title--
       [``(1) $4,900,000 for fiscal year 2002;
       [``(2) $5,400,000 for each of fiscal years 2003 and 2004; 
     and
       [``(3) $5,900,000 for each of fiscal years 2005 and 
     2006.''; and
       [(2) in subsection (c) by striking ``$700,000 for fiscal 
     year 1997, and $750,000 for each of the fiscal years 1998, 
     1999, and 2000'' and inserting ``$800,000 for fiscal year 
     2002, $850,000 for each of fiscal years 2003 and 2004, and 
     $900,000 for each of fiscal years 2005 and 2006''.

     [SEC. 102. PURPOSES OF THE INTERJURISDICTIONAL FISHERIES ACT 
                   OF 1986.

       [Section 302 of the Interjurisdictional Fisheries Act of 
     1986 (16 U.S.C. 4101) is amended by striking ``and'' after 
     the semicolon at the end of paragraph (1), striking the 
     period at the end of paragraph (2) and inserting ``; and'', 
     and adding at the end the following:
       [``(3) to promote and encourage research in preparation for 
     the implementation of the use of ecosystems and interspecies 
     approaches to the conservation and management of 
     interjurisdictional fishery resources throughout their 
     range.''.

              [TITLE II--ANADROMOUS FISH CONSERVATION ACT

     [SEC. 201. REAUTHORIZATION OF ANADROMOUS FISH CONSERVATION 
                   ACT.

       [Section 4 of the Anadromous Fish Conservation Act (16 
     U.S.C. 757d) is amended to read as follows:


                   [``authorization of appropriations

       [``Sec. 4. (a)(1) There are authorized to be appropriated 
     to carry out the purposes of this Act not to exceed the 
     following sums:
       [``(A) $4,500,000 for fiscal year 2002;
       [``(B) $4,750,000 for each of fiscal years 2003 and 2004; 
     and
       [``(C) $5,000,000 for each of fiscal years 2005 and 2006.
       [``(2) Sums appropriated under this subsection are 
     authorized to remain available until expended.
       [``(b) Not more than $625,000 of the funds appropriated 
     under this section in any one fiscal year shall be obligated 
     in any one State.''.

     [SEC. 202. RESEARCH ON AND USE OF ECOSYSTEMS AND INTERSPECIES 
                   APPROACHES TO THE CONSERVATION AND MANAGEMENT.

       [The first section of the Anadromous Fish Conservation Act 
     (16 U.S.C. 757a) is amended in subsection (b) by inserting 
     ``(1)'' after ``(b)'', and by adding at the end the 
     following:
       [``(2) In carrying out responsibilities under this section, 
     the Secretary shall conduct, promote, and encourage research 
     in preparation for the implementation of the use of 
     ecosystems and interspecies approaches to the conservation 
     and management of anadromous and Great Lakes fishery 
     resources.''.

                 [TITLE III--ATLANTIC COASTAL FISHERIES

     [SEC. 301. 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 by striking ``and 2003'' and 
     inserting ``2003, 2004, 2005, and 2006''.

     [SEC. 302. REAUTHORIZATION OF ATLANTIC COASTAL FISHERIES 
                   COOPERATIVE MANAGEMENT ACT.

       [Section 811(a) of the Atlantic Coastal Fisheries 
     Cooperative Management Act (16 U.S.C. 5108) is amended by 
     striking ``2005'' and inserting ``2006''.

     [SEC. 303. AMENDMENTS TO ATLANTIC COASTAL FISHERIES 
                   COOPERATIVE MANAGEMENT ACT.

       [(a) Findings.--Section 802(a) of the Atlantic Coastal 
     Fisheries Cooperative Management Act (16 U.S.C. 5101(a)) is 
     amended by adding at the end the following:
       [``(7) The understanding of the interactions of species in 
     the maritime environment and the development of ecosystems-
     based approaches to fishery conservation and management lead 
     to better stewardship and sustainability of coastal fishery 
     resources.
       [``(8) Federal and State scientists should gather 
     information on the interaction of species in the marine 
     environment and provide this scientific information to 
     Federal and State managers.''.
       [(b) Purpose.--Section 802(b) of such Act (16 U.S.C. 
     5101(b)) is amended to read as follows:
       [``(b) Purpose.--The purpose of this title is to support 
     and encourage the development, implementation, and 
     enforcement of effective interstate conservation and 
     management of Atlantic coastal fishery resources through the 
     use of sound science and multispecies, adaptive, and 
     ecosystem-based management measures.''.
       [(c) State-Federal Cooperation in Multispecies and 
     Ecosystems Interaction Research.--Section 804(a) of such Act 
     (16 U.S.C. 5103(a)) is amended by inserting ``multispecies 
     and ecosystems interaction research;'' after ``biological and 
     socioeconomic research;''.
       [(d) Assistance for Research Regarding Interrelationships 
     Among Atlantic Coastal Fishery Resources and Their 
     Ecosystems.--Section 808 of such Act (16 U.S.C. 5107) is 
     amended by striking ``and'' after the semicolon at the end of 
     paragraph (1), redesignating paragraph (2) as paragraph (3), 
     and inserting after paragraph (1) the following:
       [``(2) research to understand the interrelationships among 
     Atlantic coastal fishery resources and their ecosystems; 
     and''.

            [TITLE IV--ATLANTIC TUNAS CONVENTION ACT OF 1975

     [SEC. 401. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION 
                   ACT OF 1975.

       [Section 10 of the Atlantic Tunas Convention Act of 1975 
     (16 U.S.C. 971h) is amended to read as follows:


                   [``authorization of appropriations

       [``Sec. 10. (a) In General.--There are authorized to be 
     appropriated to carry out this Act, including use for payment 
     of the United States share of the joint expenses of the 
     Commission as provided in Article X of the Convention, the 
     following sums:
       [``(1) For each of fiscal years 2002, 2003, and 2004, 
     $5,480,000.
       [``(2) For each of fiscal years 2005 and 2006, $5,495,000.
       [``(b) Allocation.--Of amounts available under this section 
     for each fiscal year--
       [``(1) $150,000 are authorized for the advisory committee 
     established under section 4 and the species working groups 
     established under section 4A; and
       [``(2) $4,240,000 are authorized for research activities 
     under this Act and the Act of September 4, 1980 (16 U.S.C. 
     971i).''.

[[Page 23423]]



     [TITLE V--NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995

     [SEC. 501. REAUTHORIZATION OF THE NORTHWEST ATLANTIC 
                   FISHERIES CONVENTION ACT OF 1995.

       [Section 211 of the Northwest Atlantic Fisheries Convention 
     Act of 1995 (16 U.S.C. 5610) is amended by striking ``2001'' 
     and inserting ``2006''.

 [TITLE VI--EXTENSION OF DEADLINE FOR SUBMISSION OF OCEAN POLICY REPORT

     [SEC. 601. EXTENSION OF DEADLINE.

       [(a) Extension of Deadline.--The Oceans Act of 2000 (Public 
     Law 106-256) is amended--
       [(1) in section 3(f)(1) (114 Stat. 647) by striking ``18 
     months'' and inserting ``27 months'';
       [(2) in section 3(i) (114 Stat. 648) by striking ``30 
     days'' and inserting ``90 days''; and
       [(3) in section 4(a) (114 Stat. 648; 33 U.S.C. 857-19 note) 
     by striking ``120 days'' and inserting ``90 days''.
       [(b) Authorization of Appropriations.--Section 3(j) of such 
     Act (114 Stat. 648) is amended by striking ``$6,000,000'' and 
     inserting ``$8,500,000''.
       [(c) Technical Corrections.--Section 3(e) of such Act (114 
     Stat. 646) is amended--
       [(1) in paragraph (1) by striking the colon in the third 
     sentence and inserting a period;
       [(2) by inserting immediately after such period the 
     following:
       [``(2) Notice; Minutes; Public Availability of Documents.--
     ''; and
       [(3) by redesignating the subsequent paragraphs in order as 
     paragraphs (3) and (4), respectively.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fisheries Conservation Act 
     of 2002''.

           TITLE I--INTERJURISDICTIONAL FISHERIES ACT OF 1986

     SEC. 101. REAUTHORIZATION OF INTERJURISDICTIONAL FISHERIES 
                   ACT OF 1986.

       Section 308 of the Interjurisdictional Fisheries Act of 
     1986 (16 U.S.C. 4107) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) General Appropriations.--There are authorized to be 
     appropriated to the Department of Commerce for apportionment 
     to carry out the purposes of this title--
       ``(1) $4,900,000 for fiscal year 2002;
       ``(2) $5,400,000 for each of fiscal years 2003 and 2004; 
     and
       ``(3) $5,900,000 for each of fiscal years 2005 and 2006.''; 
     and
       (2) in subsection (c) by striking ``$700,000 for fiscal 
     year 1997, and $750,000 for each of the fiscal years 1998, 
     1999, and 2000'' and inserting ``$800,000 for fiscal year 
     2002, $850,000 for each of fiscal years 2003 and 2004, and 
     $900,000 for each of fiscal years 2005 and 2006''.

     SEC. 102. PURPOSES OF THE INTERJURISDICTIONAL FISHERIES ACT 
                   OF 1986.

       Section 302 of the Interjurisdictional Fisheries Act of 
     1986 (16 U.S.C. 4101) is amended--
       (1) by striking ``and'' after the semicolon at the end of 
     paragraph (1);
       (2) by striking ``range.'' in paragraph (2) and inserting 
     ``range; and''; and
       (3) adding at the end the following:
       ``(3) to promote and encourage research in preparation for 
     the implementation of the use of ecosystems and interspecies 
     approaches to the conservation and management of 
     interjurisdictional fishery resources throughout their 
     range.''.

               TITLE II--ANADROMOUS FISH CONSERVATION ACT

     SEC. 201. REAUTHORIZATION OF ANADROMOUS FISH CONSERVATION 
                   ACT.

       Section 4 of the Anadromous Fish Conservation Act (16 
     U.S.C. 757d) is amended to read as follows:


                   ``authorization of appropriations

       ``Sec. 4. (a)(1) There are authorized to be appropriated to 
     carry out the purposes of this Act not to exceed the 
     following sums:
       ``(A) $4,500,000 for fiscal year 2002;
       ``(B) $4,750,000 for each of fiscal years 2003 and 2004; 
     and
       ``(C) $5,000,000 for each of fiscal years 2005 and 2006.
       ``(2) Sums appropriated under this subsection are 
     authorized to remain available until expended.
       ``(b) Not more than $625,000 of the funds appropriated 
     under this section in any one fiscal year shall be obligated 
     in any one State.''.

     SEC. 202. RESEARCH ON AND USE OF ECOSYSTEMS AND INTERSPECIES 
                   APPROACHES TO THE CONSERVATION AND MANAGEMENT.

       The first section of the Anadromous Fish Conservation Act 
     (16 U.S.C. 757a) is amended in subsection (b) by inserting 
     ``(1)'' after ``(b)'', and by adding at the end the 
     following:
       ``(2) In carrying out responsibilities under this section, 
     the Secretary shall conduct, promote, and encourage research 
     in preparation for the implementation of the use of 
     ecosystems and interspecies approaches to the conservation 
     and management of anadromous and Great Lakes fishery 
     resources.''.

            TITLE III--ATLANTIC TUNAS CONVENTION ACT OF 1975

     SEC. 301. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION 
                   ACT OF 1975.

       Section 10 of the Atlantic Tunas Convention Act of 1975 (16 
     U.S.C. 971h) is amended to read as follows:


                   ``authorization of appropriations

       ``Sec. 10. (a) In General.--There are authorized to be 
     appropriated to carry out this Act, including use for payment 
     of the United States share of the joint expenses of the 
     Commission as provided in Article X of the Convention, the 
     following sums:
       ``(1) For each of fiscal years 2002, 2003, and 2004, 
     $5,480,000.
       ``(2) For each of fiscal years 2005 and 2006, $5,495,000.
       ``(b) Allocation.--Of amounts available under this section 
     for each fiscal year--
       ``(1) $150,000 are authorized for the advisory committee 
     established under section 4 and the species working groups 
     established under section 4A; and
       ``(2) $4,240,000 are authorized for research activities 
     under this Act and the Act of September 4, 1980 (16 U.S.C. 
     971i).''.

     TITLE IV--NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995

     SEC. 401. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES 
                   CONVENTION ACT OF 1995.

       Section 211 of the Northwest Atlantic Fisheries Convention 
     Act of 1995 (16 U.S.C. 5610) is amended by striking ``2001'' 
     and inserting ``2006''.

  TITLE V--EXTENSION OF DEADLINE FOR SUBMISSION OF OCEAN POLICY REPORT

     SEC. 501. EXTENSION OF DEADLINE.

       (a) Extension of Deadline.--The Oceans Act of 2000 (Public 
     Law 106-256) is amended--
       (1) in section 3(i) (114 Stat. 648) by striking ``30 days'' 
     and inserting ``90 days''; and
       (2) in section 4(a) (114 Stat. 648; 33 U.S.C. 857-19 note) 
     by striking ``120 days'' and inserting ``90 days''.
       (b) Authorization of Appropriations.--Section 3(j) of such 
     Act (114 Stat. 648) is amended by striking ``$6,000,000'' and 
     inserting ``$8,500,000''.
       (c) Technical Corrections.--Section 3(e) of such Act (114 
     Stat. 646) is amended--
       (1) by striking ``it:'' in paragraph (1) and inserting 
     ``it.'';
       (2) by inserting immediately after such period the 
     following:
       ``(2) Notice; minutes; public availability of documents.--
     ''; and
       (3) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively.

  Ms. SNOWE. Mr. President, I am pleased that today the Senate is 
considering passage of H.R. 1989 and urge my colleagues to join me in 
supporting this bill.
  The Magnuson-Stevens Fishery Conservation and Management Act, 16 
U.S.C. 1801 et seq., the ``Act'', and the National Standards Guidelines 
developed and implemented by the Secretary of Commerce set forth 
specific standards for establishing, amending, and re-setting fishery 
rebuilding plans and timelines developed under that Act's rebuilding 
provisions, codified in, among other provisions, 16 U.S.C. 1854(e). New 
information and scientific analyses become available through time, and 
there can be a need to amend and adjust rebuilding plans and timelines 
based on such new information and analyses. In certain instances, such 
information and analyses indicating that biomass rebuilding targets can 
and should be substantially increased. These increases in biomass 
targets, especially in the midst of an on-going rebuilding plan, may, 
in appropriate circumstances, require flexibility to ensure that the 
rebuilding program accomplishes the full range of the Act's goals and 
national standards. The Secretary of Commerce, who is charged with 
implementing the Act, has the discretion to provide flexibility in a 
rebuilding plan or timeline when the biomass target for a fish species 
or stock is substantially increased. The flexibility confirmed in 
Section 604 of H.R. 1989 clarifies the Secretary's discretion contained 
in the Act and does not limit or otherwise constrain additional areas 
for flexibility in rebuilding contained within the Act.
  This section clarifies the flexibility that Congress provided the 
Secretary in the Sustainable Fisheries Act of 1996. This flexibility is 
necessary due to the unanticipated event of biomass targets being 
substantially increased during a rebuilding period. Schedules for 
ending overfishing and rebuilding overfished fisheries are required by 
the Sustainable Fisheries Act and must be specified. The Sustainable 
Fisheries Act does, however, provide the Councils and the Secretary 
with a significant degree of flexibility in determining time frames for 
ending overfishing and rebuilding depleted fisheries.
  For instance, the requirement that schedules for ending overfishing 
and rebuilding fisheries be ``as short as possible'' and the 
conditional 10-year rebuilding period deadline provide valuable 
standards to help guide the councils in the development of plans to end 
overfishing and rebuild fisheries. In drafting this provision, however, 
Congress clearly understood that fisheries

[[Page 23424]]

are not managed in a vacuum and that rebuilding schedules should be 
based not only on the biological and ecological conditions of the 
fishery, but also on the needs of fishing communities as well as any 
international management measures that may apply. The relative weight 
of a particular factor would depend on the circumstances facing a 
fishery and would be determined by the councils, but the biology and 
life history characteristics of a species will always be very important 
in determining the ultimate rebuilding schedule.
  Properly construed, the Sustainable Fisheries Act rebuilding 
provisions permit the councils to set a longer rebuilding schedule in 
cases where the stock or stocks at issue grow relatively slowly, and/or 
the size of the stock is sufficiently small that even under conditions 
of moderate or no fishing mortality, rebuilding will necessarily take a 
significantly longer period of time.
  In the case of a slower-growing species, the Sustainable Fisheries 
Act provisions allow a council to establish a rebuilding schedule 
longer than 10 years to accommodate the life history characteristics, 
including growth rates, of the species. The term ``biology of the stock 
of fish'' was included in section 304(e)(4)(A)(ii) so that councils 
would have the ability to devise individual rebuilding schedules in 
harmony with the biological parameters of a fish population's growth 
capacity.
  Section 304(e)(4)(A)(ii) also enables the Councils to establish 
rebuilding schedules longer than 10 years if the stock or stocks in 
question are managed under an international agreement to which the U.S. 
is a party, and any management measures or recommendations approved 
pursuant to such an agreement contain a rebuilding schedule longer than 
10 years. In such circumstances, the rebuilding schedule developed 
under Section 304(e)(4), as well as other management provisions under 
the Magnuson-Stevens Act, must be consistent with the rebuilding 
schedule and associated management measures and recommendations under 
the international agreement.
  In drafting section 304(e)(4)(A), Congress wanted to ensure that U.S. 
harvesters of species managed under an international regime were not 
saddled with a disproportionate conservation burden and not placed at a 
competitive disadvantage compared to their counterparts from other 
countries that are parties to the regime.
  Mr. REID. Mr. President, it is my understanding Senators Kerry and 
Hollings have two amendments at the desk. I ask it be in order to 
consider the amendments en bloc; the amendments be agreed to en bloc; 
the motions to reconsider be laid on the table en bloc; the committee-
reported substitute amendment, as amended, be agreed to; the motion to 
reconsider be laid on the table; the bill as amended, be read three 
times, passed, the motion to reconsider be laid on the table; and 
consideration of these amendments appear separately in the Record and 
any statements be printed in the Record, with no intervening action or 
debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4982) was agreed to, as follows:


                           AMENDMENT NO. 4982

    (Purpose: To provide authority for the acceptance of voluntary 
                               services)

       At the appropriate place, add the following:

     SEC. _. AUTHORITY TO ACCEPT VOLUNTEER SERVICES.

       Section 303 (33 U.S.C. 892a), is amended by adding at the 
     end the following:
       ``(d) Authority to Accept Volunteer Services.--To help 
     fulfill the duties of the Administrator, including 
     authorities under the Act of 1947 (33 U.S.C. 883a et seq.), 
     this Act, or in response to a maritime emergency, the 
     Administrator may--
       ``(1) establish a volunteer program;
       ``(2) enter into special agreements with qualified 
     organizations to assist in the implementation of a volunteer 
     program; and
       ``(3) provide funding under the special agreement to the 
     qualified organization for the purposes of assisting in the 
     administration of the volunteer programs and for procuring 
     and maintaining insurance or other coverage for the 
     organization and its members when conducting volunteer 
     activities.
       ``(e) Legal Status of Volunteers.--Paragraphs (1) through 
     (5) of section 7(c) of the Fish and Wildlife Act of 1956 (16 
     U.S.C. 742f(c)) shall apply to volunteers providing services 
     to the Administrator under subsection (c) of this section, 
     except that any reference in that section to the Secretary of 
     the Interior or the Secretary of Commerce shall be deemed to 
     refer to the Administrator.
       ``(f) Qualified Organization.--In this section, the term 
     `qualified organization' means a non-governmental, not-for-
     profit organization, determined by the Administrator to have 
     demonstrated expertise in boating safety and a commitment to 
     improving the quality of hydrographic services and related 
     oceanographic and meteorological information that is made 
     available to mariners.''.

  Mr. KERRY. Mr. President, I rise this evening as Chairman of the 
Oceans, Atmosphere and Fisheries Subcommittee to offer a few remarks 
concerning H.R. 1989, to which I am offering a Senate amendment, along 
with the ranking member of the Subcommittee Ms. Snowe.
  The Senate amendment includes a number of provisions that will help 
fishermen around this country. Our amendment contains two important 
provisions that will help identify and address overcapacity in our 
fisheries. The first is a report from the Secretary of Commerce 
identifying the top 20 fisheries in the United States with excess 
capacity. In order to restore and maintain sustainable fisheries, we 
need to ensure we understand and develop a plan to address overcapacity 
that may be undermining our efforts to rebuild our stocks. By ranking 
the fisheries with the most serious capacity problems, we can target 
resources at reducing capacity in these fisheries and allow some 
fishermen to retire with dignity.
  This amendment also includes a provision that would require the 
Secretary of Commerce in coordination with the New England Fisheries 
Management Council to provide technical assistance and use all tools at 
his disposal--including the Coastal Zone Management Act planning 
procedures--to help industry develop a capacity reduction program for 
New England groundfish. Funding has already been provided for such an 
industry-funded buyout, but now our industry must consider what kind of 
plan makes sense for our fishing communities. We simply have too many 
fishermen chasing too few fish in New England. I know the entire New 
England delegation has enormous sympathy for our hard-working 
fishermen, and we want to help these families as they struggle against 
a tide of regulations. The first step to assisting these families is to 
evaluate and plan for the opportunities that will be available once our 
fisheries are rebuilt. Then people can make some informed decisions 
about retiring from the fishery. It is my hope that the Secretary in 
coordination with New England Fishery Management Council can develop 
such a plan.
  This amendment also contains a provision that clarifies the 
flexibility that Congress provided the Secretary of Commerce in the 
1996 reauthorization of the Magnuson-Stevens Act. Current law requires 
stocks identified as overfished to be rebuilt within 10 years, except 
that additional time is provided where the biology of the stocks, other 
environmental conditions, or international management measures dictate 
otherwise. Ms. Snowe and I have included a provision clarifying that 
under existing law the Secretary of Commerce may extend rebuilding 
beyond 10 years if the rebuilding target we are working towards 
increases by 100 percent or more over the original target set by the 
Secretary at the start of the rebuilding plan. The extension should 
only be granted as long as the fishery meets or exceeds the original 
target and if the Secretary certifies that the overfishing requirements 
of the Act are met and that rebuilding will continue to occur.
  We are not endorsing any backsliding on conservation, nor encouraging 
overfishing, but trying to deal with primarily a logistical problem: a 
mid-course increase in the targets based on new scientific information. 
Recently the National Marine Fisheries Service re-analysis of 
biological reference points resulted in more than doubling our 
rebuilding targets on several species in the Northeast multispecies 
fishery during year 3 of a 10-year rebuilding plan. This development 
generated confusion in the region, but we believe

[[Page 23425]]

there is a simple response. Under the law, we believe the Secretary of 
Commerce has the authority to provide a biologically-based and 
reasonable time extension for these stocks, provided it is as short as 
possible, rebuilding continues, overfishing does not occur, and the 
original targets are met. This is only a commonsense response to this 
situation--a transition rule, if you will. A substantial change in 
biomass targets in the middle of a rebuilding plan was never envisioned 
when NMFS wrote the implementing regulations, but such a response would 
be consistent with the Act.
  This amendment also contains a provision that would aid in 
implementing the industry-funded buyout in the West Coast groundfish 
fishery which Congress authorized last year. I know that my colleagues 
from Oregon, Washington and California care very much about this 
provision. I am happy that we could accommodate them with this 
legislation and help the fishing communities on the West Coast that are 
reeling from severe overfishing on stocks that are long lived, slow 
growing and slow to reproduce.
  Finally, this amendment includes important provisions authorizing 
national approaches to cooperative research, independent peer review of 
data collection and assessment methods, fisheries training and 
outreach, and cooperative enforcement. All of these proposals are based 
on programs that have worked in practice or from recommendations made 
to Congress by the National Research Council. These provisions will 
improve the management of our fisheries by improving the science that 
underlies fishery management decisions or by enhancing local law 
enforcement efforts. These provisions will also ensure that the fishing 
industry has a seat at the table in discussions about fishery science 
and management. We have long supported the need to bridge the science 
gap so that scientists and fishermen can engage in productive dialogue 
on fishery management. This is essential to developing cooperative 
plans to achieving a common goal: sustainable fisheries for our 
communities.
  The amendment (No. 4983) was agreed to.
  (The text of the amendment is printed in today's Record under ``Text 
of Amendments.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (H.R. 1989), as amended, was read the third time and passed.
  Mr. REID. Mr. President, I yield to my friend, the junior Senator 
from Illinois, Mr. Fitzgerald.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. FITZGERALD. Mr. President, I ask unanimous consent to make a 
statement on the passage of the Holocaust Restitution and Tax Fairness 
Act of 2002.
  Mr. REID. How long is that statement going to take?
  Mr. FITZGERALD. I think it is just a page and a half.
  Mr. REID. I think you can have that.
  Mr. FITZGERALD. I appreciate the accommodation of my great friend 
from the State of Nevada.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator will proceed.

                          ____________________