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Summary:
Fish and marine mammals are important resources in open ocean and nearshore coastal areas. Many laws and regulations guide the management of these resources by federal agencies.
Reauthorization of major legislation — the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) and the Marine Mammal Protection Act (MMPA) — will likely be on the agenda of the 109th Congress, since the authorization of appropriations for both laws expired at the end of FY1999. In the 108th Congress, reauthorization bills were introduced and oversight hearings were held. One MMPA reauthorization bill was reported. Recommendations by the U.S. Commission on Ocean Policy will likely play a role in actions considered during the 109th Congress.
Commercial and sport fishing are jointly managed by the federal government and individual states. States have jurisdiction generally within 3 miles of the coast. Beyond state jurisdiction and out to 200 miles, the federal government manages fisheries under the MSFCMA through eight regional fishery management councils. Beyond 200 miles, the United States participates in international agreements relating to specific areas or species. Legislation related to commercial and sport fisheries enacted by the 108th Congress authorized several commercial fishing capacity reduction programs, required increased legal and fiscal accountability for Pacific salmon recovery, provided fishery disaster funding, required regulations allowing wild seafood to be certified or labeled as organic, rationalized certain Alaska crab fisheries and instituted crab processor quotas, reauthorized the Yukon River Salmon Act, made Department of Defense Buy American requirements permanently inapplicable to the procurement of seafood, increased consultation on fishery law enforcement, and extended income averaging to commercial fishermen.
Aquaculture — the farming of fish, shellfish, and other aquatic animals and plants in a controlled environment — is expanding rapidly, both in the United States and abroad. In the United States, important species cultured include catfish, salmon, shellfish, and trout. Legislation related to aquaculture enacted by the 108th Congress authorized interim assistance to operators awaiting recovery of damages for oil spill injuries and provided restoration funding for hurricane-damaged oyster reefs.
Marine mammals are protected under the MMPA. This Act authorizes restricted use ("take") of marine mammals. It addresses specific situations of concern, such as dolphin mortality, which is primarily associated with the eastern tropical Pacific tuna fishery. Legislation enacted by the 108th Congress required the evaluation of foreign compliance with the dolphin conservation programs, permitted imports of polar bears harvested prior to final regulations, modified the provisions on taking marine mammals related to military readiness activities and federal scientific research, and required studies to reduce vessel strikes on North Atlantic right whales.
