[House Report 108-194]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-194

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   RESOLUTION CONCERNING THE SAN DIEGO LONG-RANGE SPORTFISHING FLEET

                                _______
                                

July 9, 2003.--Referred to the House Calendar and ordered to be printed

                                _______
                                

              Mr. Pombo, from the Committee on Resources, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 30]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the 
resolution (H. Res. 30) concerning the San Diego long-range 
sportfishing fleet and rights to fish the waters near the 
Revillagigedo Islands of Mexico, having considered the same, 
report favorably thereon without amendment and recommend that 
the resolution be agreed to.

                          PURPOSE OF THE BILL

    The purpose of H. Res. 30 concerns the San Diego long-range 
sportfishing fleet and rights to fish the waters near the 
Revillagigedo Islands of Mexico.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Revillagigedo Islands are located in Mexican waters and 
since 1994 have been part of the Revillagigedo Islands 
Biosphere Reserve under the United Nations Biosphere Reserve 
Program. The waters around these islands have been a popular 
sportsfishing destination for charter vessels from San Diego, 
California, since their potential as a fishing destination was 
first realized in the 1970s.
    Until 2002, access to the waters around these islands had 
been authorized for 30 years through permits issued by the 
Mexican government to a limited number of sportsfishing vessels 
from the Sportfishing Association of California (SAC). Permits 
were issued to allow only 10 boats and a total of 60 trips per 
year for the San Diego long-range boats. Despite the 
designation of the Revillagigedo Islands Biosphere Reserve by 
Mexican Presidential Decree in 1994, permits continued to be 
issued to SAC vessels. In fact, the Presidential Decree 
provided for sportfishing outside of 500 meters from the 
shoreline of all the islands within the Biosphere.
    In 1995, Mexican officials sought to establish sub-zones 
for the Biosphere, but again determined that sportfishing was 
an authorized activity and permits continued to be issued to 
SAC. In 1997, a draft management plan was developed, again 
allowing fishing within the reserve, specifically authorizing 
sportfishing up to 500 meters from the shoreline of the 
islands.
    In March 2002, the permits which had been issued to the SAC 
vessels were revoked and sportfishing was no longer an 
authorized use within the Biosphere. No refund was given to the 
San Diego vessels that had their permits revoked.
    Despite accusations that the sportsfishing fleet was 
contributing to overfishing in the Biosphere, a November 2001 
document titled ``Revillagigeda Islands--State of the 
Fisheries'' published by Sea Watch, made the following 
observations:

          . . . the declines in tuna at the Islands appear to 
        be from heavy commercial pressure elsewhere, not from 
        the yachts or long-range boats at the Islands. (Page 
        10)
          Time and again, conservation-minded sportsmen prove 
        to be diligent and enthusiastic supporters of their 
        target resource. Eliminating their watchful concern 
        would blind the most significant group who, as this 
        document attests, love and cherish this wonderland and 
        are leading the effort for responsible conservation. 
        Their presence is a significant deterrent to commercial 
        poachers. (Page 11)
          . . . almost all the arrests for illegal commercial 
        fishing have come from concerned sportboats. (Page 11)

    In 2000-2001, the last full year of trips, the San Diego 
fleet ran 44 trips from San Diego with an average trip lasting 
17 days roundtrip--with only 10 days of actual fishing. The 
trips carried a total of 869 passengers who caught 5,852 
yellowfin tuna and 4,916 wahoo--an average of 6.7 yellowfin per 
passenger per trip and an average of 5.7 wahoo per passenger 
per trip.
    It is estimated that the economic impact of the San Diego 
fleet to the U.S. economy is $5.5 million annually and the 
estimated economic impact of the San Diego fleet to Mexico is 
$2.9 million per year.
    H. Res. 30 calls upon the U.S. Departments of State and 
Commerce to work with their Mexican counterparts to resume 
issuing permits for the San Diego long-range sportfishing fleet 
to fish the waters more than 500 meters from the Revillagigedo 
Islands.

                            COMMITTEE ACTION

    H. Res. 30 was introduced on January 27, 2003, by 
Congressman Randy (Duke) Cunningham (R-CA). The legislation was 
referred to the Committee on Resources, and within the 
Committee to the Subcommittee on Fisheries Conservation, 
Wildlife and Oceans. On May 22, 2003, the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans held a hearing on 
the measure. On June 11, 2003, the full Resources Committee met 
to consider the bill. The Subcommittee on Fisheries 
Conservation, Wildlife and Oceans was discharged from further 
consideration of the resolution by unanimous consent. No 
amendments were offered and the resolution was ordered 
favorably reported to the House of Representatives by voice 
vote.

            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. H. Res. 30 is a resolution 
encouraging the American federal government to work with its 
counterpart agencies in the Mexican government regarding the 
issuance of fishing permits. No costs are involved.
    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. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.

                    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

    If enacted, this bill would make no changes in existing 
law.

                                
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