[House Report 104-517]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-517
_______________________________________________________________________


 
              COOPERATIVE FISHERIES MANAGEMENT ACT OF 1996

_______________________________________________________________________


 April 15, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2160]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2160) to authorize appropriations to carry out the 
Interjurisdictional Fisheries Act of 1986 and the Anadromous 
Fish Conservation Act, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cooperative Fisheries Management Act 
of 1996''.

SEC. 2. 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) $3,400,000 for fiscal year 1996;
          ``(2) $3,900,000 for fiscal year 1997; and
          ``(3) $4,400,000 for fiscal year 1998.'';
          (2) in subsection (c) by striking ``$350,000 for each of the 
        fiscal years 1989, 1990, 1991, 1992, and 1993, and $600,000 for 
        each of the fiscal years 1994 and 1995,'' and inserting 
        ``$650,000 for fiscal year 1996, $700,000 for fiscal year 1997, 
        and $750,000 for fiscal year 1998,''; and
          (3) in subsection (d)--
                  (A) in the heading by striking ``Grants'' and 
                inserting ``Assistance'';
                  (B) in paragraph (1) by striking ``award grants to 
                persons engaged in commercial fisheries, for uninsured 
                losses determined by the Secretary to have been 
                suffered'' and inserting ``help persons engaged in 
                commercial fisheries, either by providing assistance 
                directly to those persons or by providing assistance 
                indirectly through State and local government agencies 
                and nonprofit organizations, for projects or other 
                measures to alleviate harm determined by the Secretary 
                to have been incurred'';
                  (C) in paragraph (3), by striking ``a grant'' and 
                inserting ``direct assistance to a person'';
                  (D) in paragraph (3) by striking ``gross revenues 
                annually,'' and inserting ``net revenues annually from 
                commercial fishing,'';
                  (E) by striking paragraph (4) and inserting the 
                following:
    ``(4)(A) Assistance may not be provided under this subsection as 
part of a fishing capacity reduction program in a fishery unless the 
Secretary determines that adequate conservation and management measures 
are in place to rebuild the fishery over a reasonable time period.
    ``(B) As a condition of awarding assistance with respect to a 
vessel under a fishing capacity reduction program, the Secretary 
shall--
          ``(i) prohibit the vessel from being used for fishing; and
          ``(ii) require that the vessel be--
                  ``(I) scrapped or otherwise disposed of in a manner 
                approved by the Secretary; or
                  ``(II) donated to a nonprofit organization and 
                thereafter used only for purposes of research, 
                education, or training.
    ``(C) A vessel that is prohibited from fishing under subparagraph 
(B) shall not be eligible for a fishery endorsement under section 
12108(a) of title 46, United States Code, and any such endorsement for 
the vessel shall not be effective.''; and
                  (F) in paragraph (5) by striking ``for awarding 
                grants'' and all that follows through the end of the 
                paragraph and inserting ``for receiving assistance 
                under this subsection.''.

SEC. 3. REAUTHORIZATION OF THE ANADROMOUS FISH CONSERVATION ACT.

    Section 4 of the Anadromous Fish Conservation Act (16 U.S.C. 757d) 
is amended to read as follows:
    ``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) $4,000,000 for each of fiscal years 1996 and 1997.
          ``(B) $4,250,000 for fiscal year 1998.
    ``(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.''.

                          Purpose of the Bill

    The purpose of H.R. 2160 is to authorize appropriations for 
the Anadromous Fish Conservation Act and the 
Interjurisdictional Fisheries Act of 1986.

                  Background and Need for Legislation

    The Interjurisdictional Fisheries Act of 1986 (IFA) was 
enacted to encourage the cooperative management of 
interjurisdictional fishery resources. These include nearshore 
fisheries in waters under the jurisdiction of one or more 
States and the Federal Government; fisheries resources that 
migrate between the waters of several States bordering the 
Great Lakes; or fisheries for which an interstate management 
plan exists.
    Under the IFA, grants are made to States for research 
projects supporting management and conservation of interstate 
or Federally-managed fisheries. The Secretary of Commerce is 
authorized to provide funds for research programs to enhance 
the management of interjurisdictional fisheries. State 
eligibility criteria and funding apportionment are designed to 
create incentives for States to engage in cooperative 
interstate fishery management.
    The IFA also authorizes the National Marine Fisheries 
Service (NMFS) to assist in funding the Atlantic, Gulf, and 
Pacific States Marine Fisheries Commissions in developing 
interstate fishery management plans. In addition, the IFA 
authorizes emergency grants to States to help mitigate the 
impacts of commercial fishery resources disasters. The Federal 
Government's share of any disaster assistance program may not 
exceed 75 percent of the total projected cost.
    The Anadromous Fish Conservation Act (AFCA) was enacted to 
manage, conserve and enhance anadromous fishery resources 
(species of fish that spend a portion of their life cycle in 
salt water and ascend rivers or other fresh water sources to 
spawn). The AFCA establishes the only comprehensive Federal 
grant program specifically designed to assist anadromous fish 
resources, including salmon, shad, steelhead trout, striped 
bass, sturgeon, and walleye, all of which contribute 
significantly to fishery programs in 32 coastal States.
    The AFCA authorizes the Federal Government to enter into 
cooperative agreements with States and other non-Federal 
organizations for projects to carry out the objectives of the 
AFCA. Federal assistance is authorized in the form of matching 
grants to States for the survival of anadromous fisheries and 
the collection of statistical data and participants are 
required to provide 50 percent of the project costs. Projects 
implemented by more than one State are eligible to receive up 
to 66 percent Federal support, and projects involving fishery 
resources managed under an interstate management plan are 
entitled to Federal support of up to 90 percent.
    Both laws are administered by the National Oceanic and 
Atmospheric Administration (NOAA) in the Department of 
Commerce. The authorizations for appropriations for these laws 
expired on September 30, 1995.

                            Committee Action

    H.R. 2160 was introduced on August 2, 1995, by the Chairman 
of the Subcommittee on Fisheries, Wildlife and Oceans, Jim 
Saxton. The bill was referred to the Committee on Resources, 
and within the Committee to the Subcommittee on Fisheries, 
Wildlife and Oceans.
    On June 8, 1995, the Subcommittee held a hearing on the 
Interjurisdictional Fisheries Act of 1986 (IFA), the Anadromous 
Fish Conservation Act (AFCA), and several other U.S. Fish and 
Wildlife Service; Dr. Nancy Foster, Deputy Director, NMFS; Dr. 
Paul Sandifer, Vice Chairman, Atlantic States Marine Fisheries 
Commission; and Mr. Brad Gilman, Representative, Pacific States 
Marine Fisheries Commission. All witnesses testified in support 
of these two important fishery laws.
    On August 3, 1995, the Subcommittee met to mark up H.R. 
2160. The bill was ordered favorably reported by voice vote to 
the Full Committee without amendment.
    On October 18, 1995, the subcommittee on Fisheries, 
Wildlife and Oceans held an oversight hearing on the Federal 
disaster relief assistance programs for fishermen in the 
Northeast, Northwest and Gulf of Mexico who face economic 
hardships as a result of declining fish stocks. Testimony was 
received from Mr. John K. Bullard, Director, Office of 
Sustainable Development, National Oceanic and Atmospheric 
Administration. Mr. Bullard testified in support of the 
reauthorization of the IFA and he recommended specific changes 
to the Act to facilitate the implementation of fishery disaster 
programs.
    On March 13, 1996, the Full Committee on Resources met to 
consider H.R. 2160. An amendment to change section 308(d) of 
the IFA to allow NMFS to expend money already appropriate for 
fishery disaster programs was offered by Congressman Peter 
Torkildsen, and adopted by voice vote. The bill, as amended, 
was then ordered favorably reported to the House of 
Representatives by voice vote in the presence of a quorum.

                      Section-by-Section Analysis

                         Section 1. Short Title

    This Act maybe cited as the ``Cooperative Fisheries 
Management Act of 1996.''

Section 2. Reauthorization of Interjurisdictional Fisheries Act of 1986

    This section amends section 308 of the Interjurisdictional 
Fisheries Act of 1986 to authorize appropriations at $3,400,000 
for Fiscal Year 1996; $3,900,000 for Fiscal Year 1997; and 
$4,400,000 for Fiscal Year 1998. In addition, authorizations 
are provided for development of management plans at $650,000 
for Fiscal Year 1996; $700,000 for Fiscal Year 1997; and 
$750,000 for Fiscal Year 1998. This funding will support the 
Atlantic States, Gulf States, and Pacific States Marine 
Fisheries Commissions. The funding levels for the IFA are 
approximately half existing authorization levels.
    Section 2 also amends subsection 308(d) of the IFA to allow 
assistance funds to be provided directly to fishermen or 
indirectly through State and local government agencies and non-
profit organizations. This section removes the provision which 
limits the amount an individual can receive to 75 percent of 
the uninsured loss. In the Pacific Northwest, fishermen have 
been hired using this authorization to participate in habitat 
restoration and data collection programs. If the cap remained 
in place, many fishermen would be in danger of exhausting their 
eligibility to remain employed in these programs.
    Subsection 308(d)(3) of the IFA is amended to allow direct 
assistance to a person and changes ``gross revenues'' to ``net 
revenues annually from commercial fishing''. In addition, 
subsection 308(d)(4) is amended to remove the $100,000 limit in 
the total grant to one person. The $2 million New England buy-
out pilot program determined that 95 percent of the bids 
received from fishermen exceed $100,000. Therefore, NOAA could 
not effectively conduct a vessel buy-out program under this Act 
without these changes, because they would be limited to 
purchasing vessels valued under $100,000. This section as 
amended will allow NOAA to remove these vessels which have the 
biggest effect on the fishery.
    The amendments made by section 2 also stipulate that prior 
to expending any of the fishery disaster money for a vessel 
buy-out, the Secretary is required to make a determination that 
adequate conservation and management measures are in place to 
rebuild the fishery over a reasonable time period. This 
requirement reinforces the statements of Department of Commerce 
Secretary that the buy-out program must move forward in 
conjunction with a rebuilding program to ensure a healthy 
groundfish fishery in the future. This section requires the 
Secretary to prohibit vessels that are purchased in the buy-out 
from being used in any fishery. The Secretary may accomplish 
this by scrapping or otherwise disposing of the vessel or 
donating the vessel to a nonprofit organization only for 
research, education, or training. A vessel that is prohibited 
from fishing is not eligible for a fishery endorsement under 
section 12108(a) of Title 46, United States Code.

     Section 3. Reauthorization of Anadromous Fish Conservation Act

    This section amends section 4 of the Anadromous Fish 
Conservation Act to authorize $4,000,000 for Fiscal Years 1996 
and 1997; and $4,250,000 for Fiscal Year 1998. In addition, a 
$625,000 per State cap is set for any one fiscal year. These 
authorization levels are less than half existing levels.

           Committee Oversight Findings and Recommendations.

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 2160 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2160. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2160 does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The bill does authorize additional discretionary 
spending.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2160.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2160 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 4, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2160, the 
Cooperative Fisheries Management Act of 1995.
    Enactment of H.R. 2160 would affect direct spending; 
therefore, pay-as-you-go procedures would apply to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

               Congressional Budget Office Cost Estimate

    1. Bill number: H.R. 2160.
    2. Bill title: Cooperative Fisheries Management Act of 
1995.
    3. Bill status: As ordered reported by the House Committee 
on Resources on March 13, 1996.
    4. Bill purpose: H.R. 2160 would amend the 
Interjurisdictional Fisheries Act of 1986 (IFA) and the 
Anadromous Fish Conservation Act (AFCA) to authorize 
appropriations through fiscal year 1998. The bill also would:
          Amend the IFA to ease the current limits on grants to 
        commercial fishermen that have suffered uninsured 
        losses as a direct result of a natural disaster; and
          Amend the AFCA to lower the amount of assistance that 
        may be obligated annually in any one state from $1.25 
        million to $625,000.
    5. Estimated cost to the Federal Government: Assuming 
appropriation of the authorized amounts, CBO estimates that 
enacting H.R. 2160 would result in new discretionary spending 
totaling almost $20 million over the 1996-2000 period. 
Additional discretionary spending of about $1 million would 
occur after fiscal year 2000. In addition, enacting H.R. 2160 
would speed up the rate at which an existing appropriation is 
spent. Hence, the bill would increase direct spending over the 
next few years, but have no net effect over the 1996-2000 
period.

----------------------------------------------------------------------------------------------------------------
                                                                       1996     1997     1998     1999     2000 
----------------------------------------------------------------------------------------------------------------
                                    SPENDING SUBJECT TO APPROPRIATIONS ACTION                                   
                                                                                                                
Spending under current law:                                                                                     
    Budget authority...............................................        6        0        0        0        0
    Estimated outlays a............................................       11       21       19       11        0
Proposed changes:                                                                                               
    Authorization level............................................        3        9        9        0        0
    Estimated outlays..............................................        1        6        8        3        1
Spending under H.R. 2160:                                                                                       
    Estimated budget authority.....................................        8        9        9        0        0
    Estimated outlays..............................................       13       27       27       14        1
                                                                                                                
                                           CHANGES IN DIRECT SPENDING                                           
                                                                                                                
Budget authority...................................................        0        0        0        0        0
Estimated outlays a................................................        0        5        5      -11        0
----------------------------------------------------------------------------------------------------------------
a Includes outlays from an emergency supplemental appropriation of $53 million in fiscal year 1995.             

    The costs of this bill fall within budget function 300.
    6. Basis of estimate: This estimate assumes that the bill 
is enacted by the end of fiscal year 1996, and that all 
authorized amounts are appropriated. Outlays are estimated 
based on historical spending rates for these programs.
    Spending Subject to Appropriations. H.R. 2160 would 
authorize appropriations totaling $26.1 million over the 1996-
1998 period ($13.8 million for IFA and $12.3 million for AFCA). 
Of the total authorization, however, $5.6 million has already 
been appropriated for fiscal year 1996.
    Direct Spending. The programmatic changes to IFA would 
increase the rate at which amounts already appropriated for 
disaster assistance to commercial fishermen--including $53 
million provided in fiscal year 1995--would be spent. By 
increasing the rate at which funds that are already 
appropriated are spent, H.R. 2160 would increase direct 
spending in fiscal years 1997 and 1998 and would reduce direct 
spending in 1999. CBO estimates that the bill would increase 
outlays by about $5 million in each of fiscal years 1997 and 
1998, with a corresponding decrease of nearly $11 million in 
1999. CBO assumes that the bill would not affect the rate of 
spending in the current year.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. CBO estimates that enactment 
of H.R. 2160 would affect direct spending by increasing the 
rate at which already appropriated funds would be spent. 
Therefore, pay-as-you-go procedures would apply. The increase 
in 1997-1998 outlays, shown below, would be offset by lower 
outlays in 1999.

------------------------------------------------------------------------
                                                 1996     1997     1998 
------------------------------------------------------------------------
Change in outlays............................        0        5        5
Change in receipts...........................       NA       NA       NA
------------------------------------------------------------------------

    8. Estimated impact on State, local, and tribal 
governments: H.R. 2160 contains no intergovernmental mandates 
as defined in Public Law 104-4 and would impose no costs on 
state, local or tribal governments.
    The authorizations provided by this bill would be primarily 
for grants to states. In addition, the bill would make state 
and local agencies eligible for funds currently available only 
to private individuals. Earlier amendments to the 
Interjurisdictional Fisheries Act authorized assistance to 
commercial fishermen who suffered uninsured losses as a result 
of certain natural disasters. If H.R. 2160 is enacted, this 
federal assistance could be provided indirectly through state 
or local agencies or nonprofit organizations, as well as 
directly to commercial fishermen. Currently, appropriations of 
approximately $50 million are available under this program.
    9. Estimated impact on the private sector: H.R. 2160 would 
impose no new private sector mandates, as defined in Public Law 
104-4.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Federal Estimate: Gary Brown. 
State and Local Government Impact: Marge Miller. Private Sector 
Impact: Amy Downs.
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 2160 contains no unfunded mandates.

                          Departmental Reports

    The Committee has received no departmental reports on H.R. 
2160.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

      SECTION 308 OF THE INTERJURISDICTIONAL FISHERIES ACT OF 1986

SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

    [(a) General Appropriations.--There are authorized to be 
appropriated to the Department of Commerce for apportionment to 
carry out the purposes of this title $5,000,000 for each of the 
fiscal years 1989, 1990, 1991, 1992, 1993, 1994, and 1995.]
    (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) $3,400,000 for fiscal year 1996;
          (2) $3,900,000 for fiscal year 1997; and
          (3) $4,400,000 for fiscal year 1998.
          * * * * * * *
    (c) Development of Management Plans.--In addition to the 
amounts authorized under subsections (a) and (b), there are 
authorized to be appropriated to the Department of Commerce 
[$350,000 for each of the fiscal years 1989, 1990, 1991, 1992, 
and 1993, and $600,000 for each of the fiscal years 1994 and 
1995,] $650,000 for fiscal year 1996, $700,000 for fiscal year 
1997, and $750,000 for fiscal year 1998, to support the efforts 
of the following interstate commissions to develop interstate 
fishery management plans for interjurisdictional fishery 
resources:
          (1) * * *
          * * * * * * *
    (d) [Grants] Assistance to Commercial Fishermen.--(1) In 
addition to the amounts authorized under subsections (a), (b), 
and (c), there are authorized to be appropriated to the 
Department of Commerce $65,000,000 for fiscal year 1992 to 
enable the Secretary to [award grants to persons engaged in 
commercial fisheries, for uninsured losses determined by the 
Secretary to have been suffered] help persons engaged in 
commercial fisheries, either by providing assistance directly 
to those persons or by providing assistance indirectly through 
State and local government agencies and nonprofit 
organizations, for projects or other measures to alleviate harm 
determined by the Secretary to have been incurred as a direct 
result of a fishery resource disaster arising from Hurricane 
Hugo, Hurricane Andrew, Hurricane Iniki, or any other natural 
disaster. Amounts appropriated under this subsection shall 
remain available until expended.
    (2) The Secretary shall determine the extent, and the 
beginning and ending dates, of any fishery resource disaster 
under this subsection.
    (3) Eligibility for [a grant] direct assistance to a person 
under this subsection shall be limited to any person that has 
less than $2,000,000 in [gross revenues annually,] net revenues 
annually from commercial fishing, as determined by the 
Secretary.
    [(4) A person may receive a grant under this subsection for 
up to 75 percent of any uninsured commercial fishery loss 
resulting from such a fishery resource disaster (to the extent 
that such losses have not been compensated by other Federal and 
State programs), but shall receive no more than $100,000 in the 
aggregate for all such losses suffered as a result of any 
particular fishery resource disaster.]
    (4)(A) Assistance may not be provided under this subsection 
as part of a fishing capacity reduction program in a fishery 
unless the Secretary determines that adequate conservation and 
management measures are in place to rebuild the fishery over a 
reasonable time period.
    (B) As a condition of awarding assistance with respect to a 
vessel under a fishing capacity reduction program, the 
Secretary shall--
          (i) prohibit the vessel from being used for fishing; 
        and
          (ii) require that the vessel be--
                  (I) scrapped or otherwise disposed of in a 
                manner approved by the Secretary; or
                  (II) donated to a nonprofit organization and 
                thereafter used only for purposes of research, 
                education, or training.
    (C) A vessel that is prohibited from fishing under 
subparagraph (B) shall not be eligible for a fishery 
endorsement under section 12108(a) of title 46, United States 
Code, and any such endorsement for the vessel shall not be 
effective.
    (5) The Secretary shall establish, after notice and 
opportunity for public comment, appropriate limitations, terms, 
and conditions [for awarding grants under this subsection, 
including provisions specifying the means by which applicants 
must demonstrate claimed losses and limiting the aggregate 
amounts that may be paid to persons that are affiliated with 
each other or under common ownership.] for receiving assistance 
under this subsection.
    (6) As used in this subsection, the term ``person'' means 
any individual or any corporation, partnership, trust, 
association, or other nongovernmental entity.
                              ----------                              


           SECTION 4 OF THE ANADROMOUS FISH CONSERVATION ACT

    [Sec. 4. (a) There are authorized to be appropriated to 
carry out the purposes of this Act not to exceed the following 
sums:
          [(1) $11,000,000 for fiscal year 1980.
          [(2) $13,000,000 for fiscal year 1981.
          [(3) $15,000,000 for fiscal year 1982.
          [(4) $7,500,000 for each of fiscal years 1983, 1984, 
        1985, and 1986.
          [(5) $7,702,500 for fiscal year 1987.
          [(6) $7,920,000 for fiscal year 1988.
          [(7) $8,152,500 for fiscal year 1989.
Sums appropriated under this subsection are authorized to 
remain available until expended.
    [(b) Not more than $1,125,000 of the funds appropriated 
under this section in any one fiscal year shall be obligated in 
any one State.]
    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) $4,000,000 for each of fiscal years 1996 and 
        1997.
          (B) $4,250,000 for fiscal year 1998.
    (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.
                            ADDITIONAL VIEWS

    H.R. 2160, as amended by the Committee, removes a limit on 
spending authority in the Interjurisdictional Fisheries Act, 
allowing the Secretary of Commerce to proceed with a fishing 
vessel buyout program in New England to remove fishing effort 
from the decimated groundfish fishery. I support this measure 
and the passage of the bill. I have been concerned, however, 
that the buyout alone may be regarded by some as sufficient to 
rebuild the depleted groundfish stocks and used as 
justification to oppose the adoption of or to weaken 
desperately needed conservation measures which are now under 
consideration by the Secretary. Provisions added to the 
legislation at markup will prevent that from happening.
    After years of warnings from scientists and fisheries 
managers that better conservation was needed, groundfish stocks 
in New England have now reached perilously low levels. Despite 
the best intentions of the New England Fishery Management 
Council, the current groundfish management plan will not 
rebuild the overfished stocks. Drastic reductions in fishing 
effort will be required to achieve that goal. While a vessel 
buyout is intended to reduce effort over time, it will be a 
gradual process and will not produce the level of effort 
reduction identified as necessary by National Marine Fisheries 
Service (NMFS) scientists and fisheries managers. For that 
reason, a buyout cannot be considered a substitute for the 
conservation measures that will be needed to restore the 
groundfish fishery.
    The painful reality we face in New England has taught us 
that the ability to conduct a federally funded vessel buyout in 
New England, or anywhere else in the United States, must be 
directly dependent upon the adoption of a conservation and 
management plan to rebuild the stocks. Otherwise, scarce 
taxpayer dollars will be spent with no visible result other 
than the removal of a limited number of boats from the fishery.
    In recognition of the important connection between a 
rebuilding plan and a vessel buyout, the Committee delayed 
consideration of H.R. 2160 for three months to ensure that the 
New England Fishery Management Council adopted a rebuilding 
plan for the depleted groundfish stocks that was based on the 
recommendations of the NMFS scientists. Such a plan (known as 
Amendment #7), has been developed by the Council and forwarded 
to the Secretary of Commerce for final approval and 
implementation. The provisions added to this bill ensure that 
the rebuilding plan must be approved before the large-scale 
vessel buyout may proceed.
    Therefore, with the passage of H.R. 2160, it is clear that 
the Committee and the Congress, while supportive of a buyout, 
do not intend to undermine the approval of Amendment #7 and any 
other measures needed to save the groundfish stocks and the 
fishing industry.
                                                   Gerry E. Studds.