MAY 12 (legislative day, APRIL 24), 1978.--Ordered to be printed (Filed under authority of the order of the Senate of MAY 11 (legislative day, APRIL 24), 1978) Mr. CANNON, from the Committee on Commerce, Science, REPORT [To accompany H.R. 10732] The Committee on Commerce, Science, and Transportation, to which was referred the bill (H.R. 10732) to authorize appropriations to carry out the Fishery Conservation and Management Act of 1976 during fiscal years 1979, 1980, and 1981, having considered the same, reports favorably thereon with an amendment and an amendment to the title and recommends that the bill as amended do pass. PURPOSE OF THE BILL The purpose of this legislation is to continue the authorizations for the Secretary of Commerce to provide for the conservation and management of the fishery resources of the United States. To accomplish this purpose, the legislation would amend section 406 of the Fishery Conservation and Management Act of 1976 to authorize the appropriation of $30 million for fiscal year 1979. BACKGROUND AND NEEDS Public Law 94-265, the Fishery Conservation and Management Act of 1976 (FCMA), was enacted for the purpose of conserving and managing the fishery resources within 200 miles of the coasts of the United States. Under the act, the United States assumes exclusive management authority over (1) all fish within the 197-mile fishery conservation zone, (2) anadromous species, originating in streams of the United States, wherever found except when these species migrate into waters under the fishery management authority of another nation, and (3) all Continental Shelf fisheries resources. U.S. jurisdiction does not, however, extend to highly migratory species which are defined in the act to mean species of tuna. No foreign nation is allowed to fish within the U.S. zone except pursuant to (1) a fisheries agreement in effect on March 1, 1977, or (2) a Governing International Fishery Agreement. The act also establishes eight regional fishery management councils which are assigned the task of developing fishery management plans for fisheries in their respective regions. The authorizations for implementation of the act, which expire at the end of fiscal year 1978, are contained in section 406. The Secretary of Commerce was authorized to expend (1) $5 million in the remainder of fiscal year 1976, (2) $5 million in the transitional fiscal quarter ending September 30, 1976, (3) $25 million in fiscal year 1977, and (4) $30 million in fiscal year 1978. Appropriations under section 406 of the act have mounted to $22 million for fiscal year 1977 and $22.2 million for fiscal year 1978. The administration requested that $20.1 million be authorized for fiscal year 1979. The following table received from the Department of Commerce. indicates how the funds appropriated under the act for fiscal years 1977 and 1978 have been or will be expended and how the funds included in the Presidents fiscal year 1979 request would be expended. The chart also shows the Department's present estimates of the high level of funds which will be required in fiscal year 1980 and 1981 to implement the act. 2 Includes $1,000,000 1-time funds. 3 Includes $2,550.000 1-time funds plus 3,065,000 base councils plus $885,000 base Federal support. Total $3,750,000 (1⁄2 total, fiscal year 1977, for ships). The National Marine Fisheries Service (NMFS), in testifying before the committee, described the activities under its various extended S.R. 815. jurisdiction programs. The marine resources assessment and monitoring program (MARMAP) covers resource surveys of fish stocks, data analysis of these surveys for the formulation of fishery management plans, as required by the FCMA, and determines maximum sustainable yield for use in management decisions. This activity also includes the placement of U.S. observers on any foreign fishing vessel conducting operations pursuant to a Governing International Fishery Agreement entered into by the flag nation of that vessel. Under this program, contract observers have been placed on foreign fishing vessels operating in North Pacific and Alaskan waters. Federal employees, other than full time permanent, have been placed on vessels operating in Northwest Atlantic waters. NMFS placed observers on 275 of the 680 foreign fishing vessels which operated in the fishery conservation zone after March 1, 1977. The observer placement resulted in coverage of 26 percent of the fishing effort (vessel days on grounds) in North Pacific and Alaskan waters, and 21 percent of the effort in Northwest Atlantic waters. The observers collected data on total catch, its composition, the level of fishing efforts, gear utilization, catch disposition, marine mammal catch, and biological sampling. This also assured compliance with the regulations. Billings will be made to foreign nations for the costs associated with the observer program in 1977. About $800,000 will be returned to the Treasury when foreign nations reimburse us with the costs. NMFS plans to strengthen and expand the observer program for 1978 and 1979. The environmental impact analysis program is being used to assist the Office of Coastal Zone Management by reviewing and commenting on State coastal zone management programs developed under grants authorized by the Coastal Zone Management Act. The purpose of this review is to assure that these programs provide for the adequate consideration of protection and management of living marine resources and the habitat on which they depend. Protection of these inshore. habitats is essential to the well-being of the stocks covered by the FCMA. The international fisheries management program is being used to participate in negotiations of agreements and arrangements with respect to enforcement or violations within the fishery conservation zone, for anadromous species, and continental shelf fishery resources beyond such zone area; to provide support to the regional fisheries management councils with regard to international fisheries matters; and with the State Department to continue to renegotiate treaties, bilateral agreements, and other negotiations with respect to U.S. 200mile boundaries wih neighboring countries, and negotiations for access of the U.S. distant water fleets. The State-Federal fisheries management program supports the eight regional fishery management councils and other NMFS regional and national, extended jurisdiction responsibilities. The enforcement and surveillance program covers enforcement of the act in cooperation with the Coast Guard. which provides aerial and surface patrols in which fisheries agents participate. This activity also includes the processing of applications and the issuance of S.R. 815 permits to foreign nations. A total of 1,472 permits were requested in 1977 and 927 were issued. For 1978, 1,356 permits have been requested and 786 issued as of April 20. From March 1, 1977, through February 28, 1978, alleged violations of the FCMA resulted in 499 citations (United States 131-foreign 365); 382 reports of violation (United States 235-foreign 147); and four seizures of foreign vessels. A fifth vessel was seized in April 1978. The estimated foreign harvest was 1.7 million metric tons. The gross original assesment based on allocations of 2.1 million metric tons was $11.100,000, which was returned to the Treasury as miscellaneous receipts. However, foreign governments have since submitted claims for refunds based on uncaught 1977 allocations amounting to $3,083,000. The fiscal year 1979 increase includes $144,000 to operate the enforcement management system for storage and retrieval of foreign fishing-related enforcement information, and $263,000 to develop domestic fisheries enforcement programs with the States. The economics and statistics program provides the regional fishery management councils, NMFS, and State management agencies with the economic and new statistical fishery data required to develop effective fishery management plans and to monitor foreign and domestic fishing activities. It includes updated data collection and processing systems to manage the additional data. The fiscal year 1979 increase includes $964,000 to expand the data management systems in the four fisheries centers. This will move toward establishment of a nationwide data management capability needed to support fishery management activities. The 1979 increase also includes $250,000 for collection of data on marine recreational angler participation. The marine recreational fisheries program covers resource assessment work on recreational fisheries needed for management decisions. One of the important issues addressed by the committee during its consideration of the FCMA authorization was the funding levels for the eight regional fishery management councils. The following chart. prepared by the National Marine Fisheries Service, indicates the councils funding requests for each of the fiscal years 1977, 1978, 1979. and 1980, the NMFS estimate of actual expenditures by the councils. and the present projected availability of funds for the councils. S.R. 815 The NMFS thus found that for fiscal year 1979, the $6.9 million allocated to the entire State-Federal fishery management program was far less than the amount necessary for the eight regional councils. This was a significant factor in the committee's decision to extend authorization for appropriations for fiscal year 1979 at $30 million, rather than the requested $20.1 million. H.R. 10732, as referred to the committee, authorized $40 million for fiscal year 1979, and $45 million for fiscal years 1980 and 1981. The Senate companion bill, S. 2832, introduced by request, authorized $20.1 million for fiscal year 1979 and "such sums as may be necessary" for fiscal year 1980. It became clear during the committee's hearings on this bill that: (1) at a time when the demands for implementing the act are increasing rapidly, National Oceanic and Atmospheric Administration was asking for an authorization for fiscal year 1979 which was less than was appropriated for fiscal yer 1978; and (2) that National Oceanic and Atmospheric Administration anticipated a substantially larger. but not yet explicitly defined expenditure in fiscal years 1980 and 1981 than in fiscal year 1979. In light of this, the committee agreed to amend the bill to authorize $30 million for fiscal year 1979 (the same level as fiscal year 1978) and provide no authorization for fiscal years 1980 and 1981. In this manner, National Oceanic and Atmospheric Administration can return next year to explain more definitely their needs for 1980 and 1981 and justify the larger expenditures. S.R. 815 |