[House Report 106-804]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-804

======================================================================



 
                 ATLANTIC COASTAL FISHERIES ACT OF 2000

                                _______
                                

 September 6, 2000.--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

                        [To accompany H.R. 4840]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4840) to reauthorize the Atlantic Coastal Fisheries 
Cooperative Management Act, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. 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.
  ``(c) Reports.--
          ``(1) Annual report to the secretary.--The Secretary shall 
        require, as a condition of providing financial assistance under 
        this title, that the Commission and each State receiving such 
        assistance submit to the Secretary an annual report that 
        provides a detailed accounting of the use of 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 
        title. Each biennial report shall evaluate the success of such 
        assistance in implementing this title.''.
  (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''.

                          Purpose of the Bill

    The purpose of H.R. 4840 is to reauthorize the Atlantic 
Coastal Fisheries Cooperative Management Act.

                  Background and Need for Legislation

    The Atlantic Coastal Fisheries Cooperative Management Act 
(ACFCMA, Public Law 103-206) is modeled after the highly 
successful Atlantic Striped Bass Conservation Act (16 U.S.C. 
1851 note) to improve the management of coastal fisheries along 
the Atlantic Coast. The ACFCMA encourages States to cooperate 
on fisheries management through the Atlantic States Marine 
Fisheries Commission. The ACFCMA establishes a procedure under 
which the Secretary of Commerce is authorized to impose a 
federal fishing moratorium in waters of States that violate 
interstate fishery management guidelines.
    The Atlantic States Marine Fishery Commission (ASMFC) is an 
interstate commission that was established by interstate 
compact in 1942 to coordinate the management efforts of the 
States on the Atlantic Coast for a variety of 
interjurisdictional fisheries. The ASMFC is composed of 
representatives from Connecticut, Delaware, Florida, Georgia, 
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New 
York, North Carolina, Pennsylvania, Rhode Island, South 
Carolina, and Virginia. The interstate plans developed by ASMFC 
establish guidelines for State regulations to reduce harvest 
pressure in coastal waters. The ASMFC has developed fishery 
management plans for several Atlantic coastal fisheries, 
including striped bass, American lobster, bluefish, shad, 
herring, summer flounder and horseshoe crabs.
    The procedure for enforcing the fishery management plans is 
as follows: (1) the ASMFC develops coastal fishery management 
plans identifying State requirements and establishing a 
timetable for implementation; (2) the ASMFC monitors State 
efforts and notifies the Secretaries of Commerce and the 
Interior if a State fails to comply; (3) the Secretary of 
Commerce reviews and makes a finding on whether the State's 
failure to comply threatened the conservation of the involved 
fishery; (4) upon an affirmative finding, the Secretary would 
impose a federally-enforced moratorium for that fishery within 
the waters of the offending State; and (5) the moratorium would 
be lifted when the State came into compliance with the 
applicable plan. The infrequently used moratorium has been 
extremely effective at ensuring State compliance with the 
plans.
    H.R. 4840 authorizes appropriations of $10 million a year 
to the Secretary of Commerce to carry out the ACFCMA each year 
for five years, for a total of $50 million. A large portion of 
these dollars support the ASMFC's cooperative statistics 
program, which includes a database of harvest information 
shared by the federal and State governments. H.R. 4840 also 
makes several technical and clarifying amendments. This 
legislation requires that the ASMFC submit annual reports to 
the Secretary of Commerce regarding the use of federal 
assistance received under the ACFCMA. The Secretary of Commerce 
will submit a biannual report to Congress describing the 
effectiveness of appropriations at meeting the purposes of the 
ACFCMA.

                            Committee Action

    H.R. 4840 was introduced on July 12, 2000, by Congressman 
Jim Saxton (R-NJ). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife, and Oceans. On July 20, 2000, 
the Subcommittee met to mark up the bill. Congressman Saxton 
offered an amendment to require annual reports on the use of 
appropriations under the ACFCMA. The amendment was adopted by 
unanimous consent. The bill, as amended, was then ordered 
favorably reported to the Full Committee by unanimous consent. 
On July 26, 2000, the Full Resources Committee met to consider 
the bill. No further amendments were offered and the bill, as 
amended, was ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of Rule X and clause 3(c)(1) of 
Rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of Rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of Rule XIII 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 on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of Rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 14, 2000.
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. 4840, the Atlantic 
Coastal Fisheries Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Ken Johnson.
            Sincerely,
                                               Arlene Holen
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4840--Atlantic Coastal Fisheries Act of 2000

    Summary: H.R. 4840 would authorize appropriations to 
implement the Atlantic Coastal Fisheries Cooperative Management 
Act during the 2001-2005 period. The bill also would allow the 
Secretary of Commerce to use a portion of the authorized 
amounts for the cooperative statistics program of the Atlantic 
States Marine Fisheries Commission. Finally, H.R. 4840 would 
require the Secretary of Commerce to submit biennial reports to 
the Congress on the effectiveness of that assistance authorized 
under the bill.
    CBO estimates that implementing H.R. 4840 would cost $7 
million in 2001 and $46 million over the 2001-2005 period. 
Because the bill would not affect direct spending or receipts, 
pay-as-you-go procedures would not apply. H.R. 4840 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA).
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of H.R. 4840 is shown in the following table. 
The costs of this legislation fall within budget function 370 
(commerce and housing credit).

----------------------------------------------------------------------------------------------------------------
                                                                        By Fiscal Year, in Millions of Dollars
                                                                    --------------------------------------------
                                                                       2001     2002     2003     2004     2005
----------------------------------------------------------------------------------------------------------------

                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................................       10       10       10       10       10
Estimated Outlays..................................................        7        9       10       10       10
----------------------------------------------------------------------------------------------------------------

    Basis of Estimate: For this estimate, CBO assumes that H.R. 
4840 will be enacted near the start of fiscal year 2001 and 
that the authorized amounts will be appropriated for each year.
    H.R. 4840 would authorize the appropriation of $10 million 
annually to implement the Atlantic Coastal Fisheries 
Cooperative Management Act over the 2001-2005 period. Based on 
spending rates for similar activities, CBO estimates that 
implementing this provision would cost $7 million in 2001 and 
$46 million over the 2001-2005 period.
    Based on information from the Department of Commerce, CBO 
estimates that submitting the biennial reports required by the 
bill would cost less than $500,000 annually.
    Pay-as-You-Go Considerations: None.
    Estimate Impact on State, Local, and Tribal Governments: 
H.R. 4840 contains no intergovernmental mandates as defined in 
UMRA. The bill would require that, as a condition of federal 
financial assistance provided under the Atlantic Coastal 
Fisheries Cooperative management Act, the Atlantic States 
Marine Fisheries Commission and each state receiving assistance 
report to the Secretary of Commerce about how the assistance 
was used.
    Estimated Impact on the Private Sector: The bill contains 
no new private-sector mandates as defined in UMRA.
    Estimate Prepared by: Federal Costs: Ken Johnson. Impact on 
State, Local, and Tribal Governments: Victoria Heid Hall. 
Impact on the Private Sector: Sara Sitarek.
    Estimate Approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.
    Compliance With Public Law 104-4: This bill contains no 
unfunded mandates.
    Preemption of State, Local or Tribal Law: This bill is not 
intended to preempt any State, local or tribal law.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) 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):

ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT ACT

           *       *       *       *       *       *       *



SEC. 802. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
          (1) * * *

           *       *       *       *       *       *       *

          (3) Because no single governmental entity has 
        exclusive management authority for Atlantic coastal 
        fishery resources, harvesting of such resources [in] is 
        frequently subject to disparate, inconsistent, and 
        intermittent State and Federal regulation that has been 
        detrimental to the conservation and sustainable use of 
        such resources and to the interests of fishermen and 
        the Nation as a whole.

           *       *       *       *       *       *       *


SEC. 803. DEFINITIONS.

    In this title, the following definitions apply:
          (1) * * *

           *       *       *       *       *       *       *

          (5) The term ``Councils'' means Regional Fishery 
        Management Councils established under section 302 of 
        the [Magnuson Fishery] Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1852).

           *       *       *       *       *       *       *


SEC. 804. STATE-FEDERAL COOPERATION IN ATLANTIC COASTAL FISHERY 
                    MANAGEMENT.

    (a) * * *
    (b) Federal Regulation in Exclusive Economic Zone.--(1) In 
the absence of an approved and implemented fishery management 
plan under the [Magnuson Fishery] Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), and 
after consultation with the appropriate Councils, the Secretary 
may implement regulations to govern fishing in the exclusive 
economic zone that are--
          (A) compatible with the effective implementation of a 
        coastal fishery management plan; and
          (B) consistent with the national standards set forth 
        in section 301 of the [Magnuson Fishery] Magnuson-
        Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1851).

The regulations may include measures recommended by the 
Commission to the Secretary that are necessary to support the 
provisions of the coastal fishery management plan. Regulations 
issued by the Secretary to implement an approved fishery 
management plan prepared by the appropriate Councils or the 
Secretary under the [Magnuson Fishery] Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) shall 
supersede any conflicting regulations issued by the Secretary 
under this subsection.
    (2) The provisions of sections 307, 308, 309, 310, and 311 
of the [Magnuson Fishery] Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) 
regarding prohibited acts, civil penalties, criminal offenses, 
civil forfeitures, and enforcement shall apply with respect to 
regulations issued under this subsection as if such regulations 
were issued under the [Magnuson Fishery] Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.).

           *       *       *       *       *       *       *


SEC. 807. SECRETARIAL ACTION.

    (a) * * *

           *       *       *       *       *       *       *

    (f) Civil and Criminal Penalties.--(1) Any person who 
commits any act that is unlawful under subsection (e) shall be 
liable to the United States for a civil penalty as provided by 
section 308 of the [Magnuson Fishery] Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1858).
    (2) Any person who commits an act prohibited by paragraph 
(5), (6), (7), or (9) of subsection (e) is guilty of an offense 
punishable as provided by section 309 (a)(1) and (b) of the 
[Magnuson Fishery] Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 8159 (a)(1) and (b)).
    (g) Civil Forfeitures.--(1) Any vessel (including its gear, 
equipment, appurtenances, stores, and cargo) used, and any fish 
(or the fair market value thereof) taken or retained, in any 
manner, in connection with, or as the result of, the commission 
of any act that is unlawful under subsection (e), shall be 
subject to forfeiture to the United States as provided in 
section 310 of the [Magnuson Fishery] Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1860).

           *       *       *       *       *       *       *

    (h) Enforcement.--A person authorized by the Secretary or 
the Secretary of the department in which the Coast Guard is 
operating may take any action to enforce a moratorium declared 
under subsection (c) of this section that an officer authorized 
by the Secretary under section 311(b) of the [Magnuson Fishery] 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1861(b)) may take to enforce that Act. The Secretary 
may, by agreement, on a reimbursable basis or otherwise, 
utilize the personnel, services, equipment (including aircraft 
and vessels), andfacilities of any other Federal department or 
agency and of any agency of a State in carrying out that enforcement.

           *       *       *       *       *       *       *


SEC. 809. STATE PERMITS VALID IN CERTAIN WATERS.

    (a) Permits.--Notwithstanding any provision of the 
[Magnuson Fishery] Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.), the Atlantic Coastal 
Fisheries Cooperative Management Act (16 U.S.C. 5101 et seq.), 
or any requirement of a fishery management plan or coastal 
fishery management plan to the contrary, a person holding a 
valid license issued by the State of Maine which lawfully 
permits that person to engage in commercial fishing for 
American lobster may, with the approval of the State of Maine, 
engage in commercial fishing for American lobster in the 
following areas designated as Federal waters, if such fishing 
is conducted in such waters in accordance with all other 
applicable Federal and State regulations:
          (1) * * *

           *       *       *       *       *       *       *

    (b) Enforcement.--The exemption from Federal fishery 
permitting requirements granted by subsection (a) may be 
revoked or suspended by the Secretary in accordance with 
section 308(g) of the [Magnuson Fishery] Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1858(g)) for 
violations of such Act or this Act.

SEC. 810. TRANSITION TO MANAGEMENT OF AMERICAN LOBSTER FISHERY BY 
                    COMMISSION.

    (a) Temporary Limits.--Notwithstanding any other provision 
of this Act or of the [Magnuson Fishery] Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.), if no regulations have been issued under section 804(b) 
of this Act by December 31, 1997, to implement a coastal 
fishery management plan for American lobster, then the 
Secretary shall issue interim regulations before March 1, 1998, 
that will prohibit any vessel that takes lobsters in the 
exclusive economic zone by a method other than pots or traps 
from landing lobsters (or any parts thereof) at any location 
within the United States in excess of--
          (1) 100 lobsters (or parts thereof) for each fishing 
        trip of 24 hours or less duration (up to a maximum of 
        500 lobsters, or parts thereof, during any 5-day 
        period); or
          (2) 500 lobsters (or parts thereof) for a fishing 
        trip of 5 days or longer.
    (b) Secretary to Monitor Landings.--Before January 1, 1998, 
the Secretary shall monitor, on a timely basis, landings of 
American lobster, and, if the Secretary determines that catches 
from vessels that take lobsters in the exclusive economic zone 
by a method other than pots or traps have increased 
significantly, then the Secretary may, consistent with the 
national standards in section 301 of the [Magnuson Fishery] 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801), and after opportunity for public comment and 
consultation with the Atlantic States Marine Fisheries 
Commission, implement regulations under section 804(b) of this 
Act that are necessary for the conservation of American 
lobster.

           *       *       *       *       *       *       *


[SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

    [To carry out the provisions of this title, there are 
authorized to be appropriated $3,000,000 for fiscal year 1994, 
$5,000,000 for fiscal year 1995, and $7,000,000 for fiscal year 
1996, and $7,000,000 for each of the fiscal years 1997, 1998, 
1999, and 2000.]

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.
    (c) Reports.--
          (1) Annual report to the secretary.--The Secretary 
        shall require, as a condition of providing financial 
        assistance under this title, that the commission and 
        each State receiving such assistance submit to the 
        Secretary an annual report that provides a detailed 
        accounting of the use of 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 title. Each 
        biennial report shall evaluate the success of such 
        assistance in implementing this title.

[SEC. 812. ATLANTIC STRIPED BASS CONSERVATION ACT.

    [Section 9 of the Atlantic Striped Bass Conservation Act 
(16 U.S.C. 1851 note) is repealed.

[SEC. 811. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

    [Section 308(c) of the Interjurisdictional Fisheries Act of 
1986 (16 U.S.C. 4107(c)) is amended by inserting ``, and 
$600,000 for each of the fiscal years 1994 and 1995,'' 
immediately after ``and 1993.'']

                                
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