[Senate Report 107-340]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-340
=========================================================================
                                                       Calendar No. 753


                   FISHERIES CONSERVATION ACT OF 2002

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   On

                               H.R. 1989




      DATE deg.November 13, 2002.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred seventh congress
                             second session

              ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii             JOHN McCAIN, Arizona
JOHN D. ROCKEFELLER IV, West         TED STEVENS, Alaska
    Virginia                         CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts         TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana            KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota        OLYMPIA J. SNOWE, Maine
RON WYDEN, Oregon                    SAM BROWNBACK, Kansas
MAX CLELAND, Georgia                 GORDON SMITH, Oregon
BARBARA BOXER, California            PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina         JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri              GEORGE ALLEN, Virginia
BILL NELSON, Florida
                     Kevin D. Kayes, Staff Director
                       Moses Boyd, Chief Counsel
                      Gregg Elias, General Counsel
      Jeanne Bumpus, Republican Staff Director and General Counsel
             Ann Begeman, Republican Deputy Staff Director
             Robert W. Chamberlin, Republican Chief Counsel


                                                       Calendar No. 753
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-340

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




 
                   FISHERIES CONSERVATION ACT OF 2002
                                _______
                                

               November 13, 2002.--Ordered to be printed

                                _______
                                

      Mr. Hollings, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                        [To accompany H.R. 1989]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the Act (H.R. 1989) to reauthorize various 
fishing conservation management programs, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment in the nature of a substitute and recommends 
that the Act (as amended) do pass.

                          Purpose of the Bill

    The purpose of H.R. 1989, the Fisheries Conservation Act of 
2002, is to reauthorize the Interjurisdictional Fisheries Act 
of 1986, the Anadromous Fisheries Conservation Act of 1965, the 
Atlantic Tunas Convention Act of 1975, and the Northwest 
Atlantic Fisheries Conservation Act of 1995, through fiscal 
year (FY) 2006, and to make technical changes to the Oceans Act 
of 2000.

                          Background and Needs

    This legislation would reauthorize, through FY 2006, four 
existing Acts dealing with the preservation and enhancement of 
various fish species. In addition, the legislation would adjust 
specific deadlines relating to the activities of the United 
States Commission on Ocean Policy.
    The Interjurisdictional Fisheries Act and the Anadromous 
Fisheries Conservation Act provide grants to States to allow 
them to conduct research to help improve the way fisheries are 
managed, fund enforcement activities, rebuild habitat, and take 
other measures to improve the survival of fish species that 
travel across State boundaries or over great distances. The 
authorizations for these Acts expired in FY 2000. H.R. 1989, as 
reported by the Committee, would authorize appropriations 
through FY 2006.
    The Atlantic Tunas Convention Act and the Northwest 
Atlantic Fisheries Convention Act implement international 
treaties to which the United States is a party. The Atlantic 
Tunas Convention Act allows the United States to implement 
conservation recommendations by the International Commission 
for the Conservation of Atlantic Tunas, while the Northwest 
Atlantic Fisheries Convention Act allows the United States to 
implement recommendations of the Northwest Atlantic Fisheries 
Organization. Authorizations for these Acts expired in FY 2001. 
H.R. 1989, as reported by the Committee, would authorize 
appropriations through FY 2006.

                          Legislative History

    H.R. 1989 was reported by the House of Representatives 
Committee on Resources on September 12, 2001, and passed by the 
House of Representatives on December 11, 2001. It was received 
in the Senate on December 12, 2001, and referred to the Senate 
Committee on Commerce, Science, and Transportation. An 
amendment in the nature of a substitute was agreed to at the 
executive session of the Committee on September 19, 2002. The 
Act was ordered to be reported as amended.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 3, 2002.
Hon. Ernest F. Hollings,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1989, the 
Fisheries Conservation Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs) and Marjorie Miller (for the state and 
local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1989--Fisheries Conservation Act of 2002

    Summary: H.R. 1989 would reauthorize appropriations for 
programs carried out by the National Oceanic and Atmospheric 
Administration (NOAA) under five fisheries statutes. These laws 
authorize various grant programs, studies, reports and 
operations of the National Marine Fisheries Service (NMFS) of 
NOAA. Assuming appropriations of the authorized amounts for 
fiscal years 2003 through 2006, CBO estimates that implementing 
the act would cost $12 million in 2003 and $68 million over the 
2003-2007 period. (An estimated $3 million would be spent after 
2007). The act would not affect direct spending over revenues.
    The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) and would impose no costs on state, local, or tribal 
governments. This act would reauthorized funding for programs 
that include grants to states and to multistate organizations.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of H.R. 1989 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2003      2004      2005      2006      2007
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Selected NMFS Programs:
    Authorization level \1\...................................        18        17        18        18         0
    Estimated outlays.........................................        12        15        17        18         6
----------------------------------------------------------------------------------------------------------------
\1\ Approximately $14 million was appropriated for fiscal year 2002 for the NMFS programs authorized by H.R.
  1989. A full-year appropriation for 2003 has not yet been enacted for these programs.

    Basis of estimate: For this estimate, CBO assumes that the 
amounts authorized by the legislation will be appropriated for 
each of fiscal years 2003 through 2006 and that outlays will 
follow historical spending patterns for the authorized NMFS 
programs. The fiscal year 2003 authorization level includes 
$1.5 million for the Commission on Ocean Policy to complete its 
report, due at the end of fiscal year 2003. H.R. 1989 would 
raise the authorization level for that project from $6 million 
to $8.5 million, but appropriations to date already exceed the 
existing authorization level by $1 million, making the act's 
net additional authorization $1.5 million.
    Intergovernmental and private-sector impact: H.R. 1989 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. This legislation would reauthorize funding 
for programs that include grants to states and to multistate 
organizations.
    Previous CBO estimate: On October 1, 2001, CBO transmitted 
a cost estimate for H.R. 1989 as ordered reported by the House 
Committee on Resources on September 12, 2001. CBO's cost 
estimates reflect the different provisions in these versions of 
the legislation.
    Estimate prepared by: Federal costs: Deborah Reis; impact 
on state, local, and tribal governments: Susan Seig Tompkins; 
impact on the private sector: Lauren Marks.
    Estimated approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:
  Because H.R. 1989 does not create any new programs, the 
legislation would have no additional regulatory impact and 
would not result in any additional reporting requirements. The 
legislation would have no further effect on the number or types 
of individuals and businesses regulated, the economic impact of 
such regulation, the personal privacy of affected individuals, 
or the paperwork required from such individuals and businesses.

                      Section-by-Section Analysis


           TITLE I--INTERJURISDICTIONAL FISHERIES ACT OF 1986

Sec. 1. Short title

  This section would provide that the short title of the Act is 
``The Fisheries Conservation Act of 2002''.

Section 101. Reauthorization of the Interjurisdictional Fisheries Act 
        of 1986

  This section would amend section 308 of the 
Interjurisdictional Fisheries Act by authorizing the grants to 
States through the Interjurisdictional Fisheries Act at $5.4 
million for FY 2003 and FY 2004, and $5.9 million for FY 2005 
and FY 2006. It also would amend section 308(c) to authorize 
increased funding for the Interstate Fisheries Commissions 
through the Interjurisdictional Fisheries Act at $850,000 for 
FY 2003 and FY 2004, and $900,000 for FY 2005 and FY 2006.

Section 102. Purposes of the Interjurisdictional Fisheries Act of 1986

  This section would amend section 302 of the 
Interjurisdictional Fisheries Act of 1986 by adding language to 
promote and encourage research in the preparation and use of 
ecosystems and interspecies approaches for the conservation and 
management of interjurisdictional fishery resources throughout 
their range.

               TITLE II--ANADROMOUS FISH CONSERVATION ACT

Section 201. Reauthorization of Anadromous Fish Conservation Act

  This section would amend section 4 of the Anadromous 
Fisheries Conservation Act (16 U.S.C. 757(a)-757(d)) by 
authorizing appropriations for grants to States through the 
Anadromous Fisheries Conservation Act at $4.75 million for FY 
2003 and FY 2004, and $5.0 million for FY 2005 and FY 2006.

Section 202. Research on and Use of Ecosystems and Interspecies 
        Approaches to Conservation and Management

  This section also would amend the Anadromous Fisheries 
Conservation Act by adding language to promote and encourage 
research in the preparation and use of ecosystems and 
interspecies approaches for the conservation and management of 
anadromous and Great Lakes fishery resources.

            TITLE III--ATLANTIC TUNAS CONVENTION ACT OF 1975

Section 301. Reauthorization of the Atlantic Tunas Convention Act of 
        1975

  This section would amend section 10 of the Atlantic Tunas 
Convention Act of 1975 by authorizing appropriations at $5.48 
million for the implementation of the Atlantic Tunas Convention 
Act for FY 2003 and FY 2004, and $5.495 million for FY 2005 and 
FY 2006.

     TITLE IV--NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995

Section 401. Reauthorization of the Northwest Atlantic Fisheries 
        Convention Act of 1995

  This section would amend section 211 of the Northwest 
Atlantic Fisheries Convention Act by extending the 
authorization through FY 2006.

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

Section 501. Extension of deadline

  This section would amend section (3)(i) of the Oceans Act of 
2000 by increasing the number of days that the Commission will 
exist after the submission of the final report from 30 days to 
90 days; and amend section (4)(a) of the Act by decreasing the 
number of days that the President has to submit his 
recommendations to Congress following the receipt of the report 
from 120 days to 90 days. Additionally, the Act would amend 
section 3(j) of the Oceans Act, which provides an appropriation 
for the 3-year time frame covering fiscal years 2001-2003, by 
increasing the authorization of appropriations from $6 million 
to $8.5 million. This increase of $2.5 million would fund 
remaining activities in FY 2003.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, 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 material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                    ANADROMOUS FISH CONSERVATION ACT

                             FIRST SECTION

                            [16 U.S.C. 757a]

  That (a) [F]or the purpose of conserving, developing, and 
enhancing within the several States the anadromous fishery 
resources of the Nation that are subject to depletion from 
water resources developments and other causes, or with respect 
to which the United States has made conservation commitments by 
international agreements, and for the purpose of conserving, 
developing, and enhancing the fish in the Great Lakes and Lake 
Champlain that ascend streams to spawn, the Secretary of the 
Interior is authorized to enter into cooperative agreements 
with one or more States, acting jointly or severally, that are 
concerned with the development, conservation, and enhancement 
of such fish, and, whenever he deems it appropriate, with other 
non-Federal interests. Such agreements shall describe (1) the 
actions to be taken by the Secretary and the cooperating 
parties, (2) the benefits that are expected to be derived by 
the States and other non-Federal interests, (3) the estimated 
cost of these actions, (4) the share of such costs to be borne 
by the Federal Government and by the States and other non-
Federal interests: Provided, That, except as provided in 
subsection (c) of this section, the Federal share, including 
the operation and maintenance costs of any facilities 
constructed by the Secretary pursuant to this Act, which he 
annually determines to be a proper Federal cost, shall not 
exceed 50 per centum of such costs exclusive of the value of 
any Federal land involved: Provided further, That the non-
Federal share may be in the form of real or personal property, 
the value of which will be determined by the Secretary, as well 
as money, (5) the term of the agreement, (6) the terms and 
conditions for disposing of any real or personal property 
acquired by the Secretary during or at the end of the term of 
the agreement, and (7) such other terms and conditions as he 
deems desirable.
  (b)(1) The Secretary may also enter into agreements with the 
States for the operation of any fiscal and management and 
administration of any lands or interests therein acquired or 
facilities constructed pursuant to this Act.
  (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.
  (c) Increase of Federal Share.--
          (1) Whenever two or more States having a common 
        interest in any basin jointly enter into a cooperative 
        agreement with the Secretary under subsection (a) of 
        this section to carry out a research and development 
        program to conserve, develop, and enhance anadromous 
        fishery resources of the Nation, or fish in the Great 
        Lakes and Lake Champlain that ascend streams to spawn, 
        the Federal share of the program costs shall be 
        increased to a maximum of 66\2/3\ per centum.
          (2) In the case of any State that has implemented an 
        interstate fisheries management plan for anadromous 
        fishery resources, prepared by an interstate commission 
        the Federal share of any grant made under this section 
        to carry out activities required by such plan shall be 
        up to 90 percent. For purposes of this paragraph, the 
        term ``interstate commission'' means--
                  (A) the commission established by the 
                Atlantic States Marine Fisheries Compact (as 
                consented to and approved by Public Law 80-77), 
                approved May 4, 1942 (56 Stat. 267);
                  (B) the commission established by the Pacific 
                Marine Fisheries Compact (as consented to and 
                approved by Public Law 80-232), approved July 
                24, 1947 (16 Stat. 419); and
                  (C) the commission established by the Gulf 
                States Marine Fisheries Compact (as consented 
                to and approved by Public Law 81-66), approved 
                May 19, 1949 (63 Stat. 70).

           *       *       *       *       *       *       *


                    AUTHORIZATION OF APPROPRIATIONS

                            [16 U.S.C. 757d]

  [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 fiscal year 1997; and
          [(B) $4,250,000 for each of fiscal years 1998, 1999, 
        and 2000.
  [(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.]

                    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) Funds to remain available until expended.--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.

           *       *       *       *       *       *       *


                 ATLANTIC TUNAS CONVENTION ACT OF 1975

                    [AUTHORIZATION OF APPROPRIATIONS

                            [16 U.S.C. 971h]

  [Sec. 10. 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 fiscal year 1995, $4,103,000, of which 
        $50,000 are authorized in the aggregate for the 
        advisory committee established under section 4 and the 
        species working groups established under section 4A, 
        and $2,890,000 are authorized for research activities 
        under this Act and the Act of September 4, 1980 (16 
        U.S.C. 971i).
          [(2) For fiscal year 1996, $5,453,000, of which 
        $50,000 are authorized in the aggregate for such 
        advisory committee and such working groups, and 
        $4,240,000 are authorized for such research activities.
          [(3) For fiscal year 1997, $5,465,000 of which 
        $62,000 are authorized in the aggregate for such 
        advisory committee and such working groups, and 
        $4,240,000 are authorized for such research activities.
          [(4) For each of fiscal years 1998, 1999, 2000, and 
        2001, $5,465,000 of which $75,000 are authorized in the 
        aggregate for such advisory committee and such working 
        groups, and $4,240,000 are authorized for such research 
        activities.]

                    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).

           *       *       *       *       *       *       *


               INTERJURISIDICTIONAL FISHERIES ACT OF 1986

SEC. 302. PURPOSES.

                            [16 U.S.C. 4101]

  The purposes of this title are--
          (1) to promote and encourage State activities in 
        support of the management of interjurisdictional 
        fishery resources; [and]
          (2) to promote and encourage management of 
        interjurisdictional fishery resources throughout their 
        [range.] range; and
          (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.

           *       *       *       *       *       *       *


SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 4107]

  [(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;
          [(3) $4,400,000 for each of the fiscal years 1998, 
        1999, and 2000.]
  (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.
  (b) Additional Appropriations.--In addition to the amounts 
authorized in subsection (a), there are authorized to be 
appropriated to the Department of Commerce $65,000,000 for each 
of the fiscal years 1994 and 1995, which shall be available in 
such amounts as the Secretary may determine appropriate for the 
purposes of this title; except that--
          (1) in providing funds to States under this 
        subsection, the Secretary shall give a preference to 
        those States regarding which the Secretary determines 
        there is a commercial fishery failure or serious 
        disruption affecting future production due to a fishery 
        resource disaster arising from natural or undetermined 
        causes, and any sums made available under this 
        subsection may be used either by the States or directly 
        by the Secretary in cooperation with the States for any 
        purpose that the Secretary determines is appropriate to 
        restore the fishery affected by such a failure or to 
        prevent a similar failure in the future;
          (2) the funds authorized to be appropriated under 
        this subsection shall not be available to the Secretary 
        for use as grants for chartering fishing vessels; and
          (3) the Federal share of the cost of any activity 
        carried out with an amount appropriated under the 
        authority of this subsection shall be 75 percent of the 
        cost of that activity.
Amounts appropriated under this subsection shall remain 
available until expended.
  (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 
[$700,000 for fiscal year 1997, and $750,000 for each of the 
fiscal years 1998, 1999, and 2000,] $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 to support the 
efforts of the following interstate commissions to develop 
interstate fishery management plans for interjurisdictional 
fishery resources:
          (1) The commission established by the Atlantic States 
        Marine Fisheries Compact, as consented to and approved 
        by Public Law 77-539 (56 Stat. 267), approved May 4, 
        1942.
          (2) The commission established by the Pacific Marine 
        Fisheries Compact, as consented to and approved by 
        Public Law 80-232 (61 Stat. 419), approved July 24, 
        1947.
          (3) The commission established by the Gulf States 
        Marine Fisheries Compact, as consented to and approved 
        by Public Law 81-66 (63 Stat. 70), approved May 19, 
        1949.
  (d) 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 help persons engaged in commercial 
        fisheries, either by providing assistance directly to 
        those persons or by providing assistance indirectly 
        through States 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 direct assistance to a person 
        under this subsection shall be limited to any person 
        that has less than $2,000,000 in net revenues annually 
        from commercial fishing, as determined by the 
        Secretary.
          (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 in that fishery.
          (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; or
                          (III) used for another non-fishing 
                        purpose provided the Secretary 
                        determines that adequate measures are 
                        in place to ensure that the vessel 
                        cannot reenter any fishery.
          (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 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.
          (7) With respect to funds available for the New 
        England region, the Secretary shall submit to the 
        Congress by January 1, 1997, with annual updates 
        thereafter as appropriate, a report on the New England 
        fishing capacity reduction initiative which provides--
                  (A) the total number of Northeast 
                multispecies permits in each permit category 
                and calculates the maximum potential fishing 
                capacity of vessels holding such permits based 
                on the principal gear, gross registered 
                tonnage, engine horsepower, length, age, and 
                other relevant characteristics;
                  (B) the total number of days at sea available 
                to the permitted Northeast multispecies fishing 
                fleet and the total days at sea weighted by the 
                maximum potential fishing capacity of the 
                fleet;
                  (C) an analysis of the extent to which the 
                weighted days at sea are used by the active 
                participants in the fishery and of the 
                reduction in such days as a result of the 
                fishing capacity reduction program; and
                  (D) an estimate of conservation benefits 
                (such as reduction in fishing mortality) 
                directly attributable to the fishing capacity 
                reduction program.

           *       *       *       *       *       *       *


          NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1965

SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 5610]

  There are authorized to be appropriated to carry out this 
title, including use for payment as the United States 
contribution to the Organization as provided in Article XVI of 
the Convention, $500,000 for each fiscal year through fiscal 
year [2001.] 2006.

           *       *       *       *       *       *       *


                           OCEANS ACT OF 2000

SEC. 3. COMMISSION ON OCEAN POLICY.

  (a) Establishment.--There is hereby established the 
Commission on Ocean Policy. The Federal Advisory Committee Act 
(5 U.S.C. App.), except for sections 3, 7, and 12, does not 
apply to the Commission.
  (b) Membership.--
          (1) Appointment.--The Commission shall be composed of 
        16 members appointed by the President from among 
        individuals described in paragraph (2) who are 
        knowledgeable in ocean and coastal activities, 
        including individuals representing State and local 
        governments, ocean-related industries, academic and 
        technical institutions, and public interest 
        organizations involved with scientific, regulatory, 
        economic, and environmental ocean and coastal 
        activities. The membership of the Commission shall be 
        balanced by area of expertise and balanced 
        geographically to the extent consistent with 
        maintaining the highest level of expertise on the 
        Commission.
          (2) Nominations.--The President shall appoint the 
        members of the Commission, within 90 days after the 
        effective date of this Act, including individuals 
        nominated as follows:
                  (A) 4 members shall be appointed from a list 
                of 8 individuals who shall be nominated by the 
                Majority Leader of the Senate in consultation 
                with the Chairman of the Senate Committee on 
                Commerce, Science, and Transportation.
                  (B) 4 members shall be appointed from a list 
                of 8 individuals who shall be nominated by the 
                Speaker of the House of Representatives in 
                consultation with the Chairmen of the House 
                Committees on Resources, Transportation and 
                Infrastructure, and Science.
                  (C) 2 members shall be appointed from a list 
                of 4 individuals who shall be nominated by the 
                Minority Leader of the Senate in consultation 
                with the Ranking Member of the Senate Committee 
                on Commerce, Science, and Transportation.
                  (D) 2 members shall be appointed from a list 
                of 4 individuals who shall be nominated by the 
                Minority Leader of the House in consultation 
                with the Ranking Members of the House 
                Committees on Resources, Transportation and 
                Infrastructure, and Science.
          (3) Chairman.--The Commission shall select a Chairman 
        from among its members. The Chairman of the Commission 
        shall be responsible for--
                  (A) the assignment of duties and 
                responsibilities among staff personnel and 
                their continuing supervision; and
                  (B) the use and expenditure of funds 
                available to the Commission.
          (4) Vacancies.--Any vacancy on the Commission shall 
        be filled in the same manner as the original incumbent 
        was appointed.
  (c) Resources.--In carrying out its functions under this 
section, the Commission--
          (1) is authorized to secure directly from any Federal 
        agency or department any information it deems necessary 
        to carry out its functions under this Act, and each 
        such agency or department is authorized to cooperate 
        with the Commission and, to the extent permitted by 
        law, to furnish such information (other than 
        information described in section 552(b)(1)(A) of title 
        5, United States Code) to the Commission, upon the 
        request of the Commission;
          (2) may enter into contracts, subject to the 
        availability of appropriations for contracting, and 
        employ such staff experts and consultants as may be 
        necessary to carry out the duties of the Commission, as 
        provided by section 3109 of title 5, United States 
        Code; and
          (3) in consultation with the Ocean Studies Board of 
        the National Research Council of the National Academy 
        of Sciences, shall establish a multidisciplinary 
        science advisory panel of experts in the sciences of 
        living and non-living marine resources to assist the 
        Commission in preparing its report, including ensuring 
        that the scientific information considered by the 
        Commission is based on the best scientific information 
        available.
  (d) Staffing.--The Chairman of the Commission may, without 
regard to the civil service laws and regulations, appoint and 
terminate an Executive Director and such other additional 
personnel as may be necessary for the Commission to perform its 
duties. The Executive Director shall be compensated at a rate 
not to exceed the rate payable for Level V of the Executive 
Schedule under section 5136 of title 5, United States Code. The 
employment and termination of an Executive Director shall be 
subject to confirmation by a majority of the members of the 
Commission.
  (e) Meetings.--
          (1) Administration.--The meetings of the Commission 
        shall be open to the public, except that a meeting or 
        any portion of it may be closed to the public if it 
        concerns matters or information described in section 
        552b(c) of title 5, United States Code. Interested 
        persons shall be permitted to appear at open meetings 
        and present oral or written statements on the subject 
        matter of the meeting. The Commission may administer 
        oaths or affirmations to any person appearing before 
        [it:] it.
          (2) Notice; minutes; public availability of 
        documents.--
                  (A) All open meetings of the Commission shall 
                be preceded by timely public notice in the 
                Federal Register of the time, place, and 
                subject of the meeting.
                  (B) Minutes of each meeting shall be kept and 
                shall contain a record of the people present, a 
                description of the discussion that occurred, 
                and copies of all statements filed. Subject to 
                section 552 of title 5, United States Code, the 
                minutes and records of all meetings and other 
                documents that were made available to or 
                prepared for the Commission shall be available 
                for public inspection and copying at a single 
                location in the offices of the Commission.
          [(2)] (3) Initial meeting.--The Commission shall hold 
        its first meeting within 30 days after all 16 members 
        have been appointed.
          [(3)] (4) Required public meetings.-- The Commission 
        shall hold at least one public meeting in Alaska and 
        each of the following regions of the United States:
                  (A) The Northeast (including the Great 
                Lakes).
                  (B) The Southeast (including the Caribbean).
                  (C) The Southwest (including Hawaii and the 
                Pacific Territories).
                  (D) The Northwest.
                  (E) The Gulf of Mexico.
  (f) Report.--
          (1) In general.--Within 18 months after the 
        establishment of the Commission, the Commission shall 
        submit to Congress and the President a final report of 
        its findings and recommendations regarding United 
        States ocean policy.
          (2) Required matter.--The final report of the 
        Commission shall include the following assessment, 
        reviews, and recommendations:
                  (A) An assessment of existing and planned 
                facilities associated with ocean and coastal 
                activities including human resources, vessels, 
                computers, satellites, and other appropriate 
                platforms and technologies.
                  (B) A review of existing and planned ocean 
                and coastal activities of Federal entities, 
                recommendations for changes in such activities 
                necessary to improve efficiency and 
                effectiveness and to reduce duplication of 
                Federal efforts.
                  (C) A review of the cumulative effect of 
                Federal laws and regulations on United States 
                ocean and coastal activities and resources and 
                an examination of those laws and regulations 
                for inconsistencies and contradictions that 
                might adversely affect those ocean and coastal 
                activities and resources, and recommendations 
                for resolving such inconsistencies to the 
                extent practicable. Such review shall also 
                consider conflicts with State ocean and coastal 
                management regimes.
                  (D) A review of the known and anticipated 
                supply of, and demand for, ocean and coastal 
                resources of the United States.
                  (E) A review of and recommendations 
                concerning the relationship between Federal, 
                State, and local governments and the private 
                sector in planning and carrying out ocean and 
                coastal activities.
                  (F) A review of opportunities for the 
                development of or investment in new products, 
                technologies, or markets related to ocean and 
                coastal activities.
                  (G) A review of previous and ongoing State 
                and Federal efforts to enhance the 
                effectiveness and integration of ocean and 
                coastal activities.
                  (H) Recommendations for any modifications to 
                United States laws, regulations, and the 
                administrative structure of Executive agencies, 
                necessary to improve the understanding, 
                management, conservation, and use of, and 
                access to, ocean and coastal resources.
                  (I) A review of the effectiveness and 
                adequacy of existing Federal interagency ocean 
                policy coordination mechanisms, and 
                recommendations for changing or improving the 
                effectiveness of such mechanisms necessary to 
                respond to or implement the recommendations of 
                the Commission.
           (3) Consideration of factors.--In making its 
        assessment and reviews and developing its 
        recommendations, the Commission shall give equal 
        consideration to environmental, technical feasibility, 
        economic, and scientific factors.
          (4) Limitations.--The recommendations of the 
        Commission shall not be specific to the lands and 
        waters within a single State.
  (g) Public and Coastal State Review.--
          (1) Notice.--Before submitting the final report to 
        the Congress, the Commission shall--
                  (A) publish in the Federal Register a notice 
                that a draft report is available for public 
                review; and
                  (B) provide a copy of the draft report to the 
                Governor of each coastal State, the Committees 
                on Resources, Transportation and 
                Infrastructure, and Science of the House of 
                Representatives, and the Committee on Commerce, 
                Science, and Transportation of the Senate.
          (2) Inclusion of governors' comments.--The Commission 
        shall include in the final report comments received 
        from the Governor of a coastal State regarding 
        recommendations in the draft report.
  (h) Administrative Procedure for Report and Review.--Chapter 
5 and chapter 7 of title 5, United States Code, do not apply to 
the preparation, review, or submission of the report required 
by subsection (e) or the review of that report under subsection 
(f).
  (i) Termination.--The Commission shall cease to exist [30 
days] 90 days after the date on which it submits its final 
report.
  (j) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section a total of 
[$6,000,000] $8,500,000 for the 3 fiscal-year period beginning 
with fiscal year 2001, such sums to remain available until 
expended.

SEC. 4. NATIONAL OCEAN POLICY.

  (a) National Ocean Policy.--Within [120 days] 90 days after 
receiving and considering the report and recommendations of the 
Commission under section 3, the President shall submit to 
Congress a statement of proposals to implement or respond to 
the Commission's recommendations for a coordinated, 
comprehensive, and long-range national policy for the 
responsible use and stewardship of ocean and coastal resources 
for the benefit of the United States. Nothing in this Act 
authorizes the President to take any administrative or 
regulatory action regarding ocean or coastal policy, or to 
implement a reorganization plan, not otherwise authorized by 
law in effect at the time of such action.
  (b) Cooperation and Consultation.--In the process of 
developing proposals for submission under subsection (a), the 
President shall consult with State and local governments and 
non-Federal organizations and individuals involved in ocean and 
coastal activities.