Redistributed as a Service of the National Library for the Environment*
Eugene H. Buck
Senior Analyst in Natural Resources Policy
Environment and Natural Resources Policy Division
March 24, 1995
CONTENTS FOR THE ENTIRE DOCUMENT
PERMANENT OR INDEFINITE
The National Marine Fisheries Service (NMFS) is located within the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce. NOAA and NMFS were created by President Nixon's Reorganization Plan No. 4 of July 9, 1970 (84 Stat. 2090). Programs now comprising NMFS had previously been located in the Bureau of Commercial Fisheries within U.S. Fish and Wildlife Service (FWS) in the Department of the Interior.
This report summarizes the major laws implemented by NMFS, with divisions into five categories: a) ten laws for which Congress authorizes specific annual appropriations; b) three laws for which Congress has permanently or indefinitely authorized appropriations; c) ten laws implementing international treaties or agreements; d) nine laws wherein NMFS provides consultation or acts as a trustee; and e) five other laws. In many of these enactments where the Secretary of Commerce is specifically authorized or directed to take action, NMFS has been delegated the authority to implement the provision or take specific action.
The National Marine Fisheries Service (NMFS) is located within the National Oceanic and Atmospheric Administration (NOM) in the Department of Commerce. NOM and NMFS were created by President Nixon's Reorganization Plan No. 4 of July 9, 1970 (84 Stat. 2090). Programs now comprising NMFS had previously been located in the Bureau of Commercial Fisheries within U.S. Fish and Wildlife Service (FWS) in the Department of the Interior. This report summarizes the major laws implemented by NMFS, with divisions into five categories: a) laws for which Congress authorizes specific annual appropriations; b) laws for which Congress has permanently or indefinitely authorized appropriations; c) laws implementing international treaties or agreements; d) laws wherein NMFS provides consultation or acts as a trustee; and e) other laws. In many of these enactments where the Secretary of Commerce is specifically authorized or directed to take action, NMFS has been delegated the authority to implement the provision or take specific action.
Table 1 summarizes the status of authorizations for the various laws implemented by NMFS which include annual authorizations for appropriations.
TABLE 1: Status of Laws Authorizing Annual Appropriations to NMFS
The Anadromous Fish Conservation Act (16 U.S.C. 757a-757g; Pub. L. 89-304, as amended) authorizes the Secretary of Commerce, along with the Secretary of Interior, or both, to enter into cooperative agreements to protect anadromous and Great Lakes fishery resources. To conserve, develop, and enhance anadromous fisheries, the fisheries which the United States has agreed to conserve through international agreements, and the fisheries of the Great Lakes and Lake Champlain, the Secretary may enter into agreements with States and other non-Federal interests. An agreement must specify: (1) the actions to be taken; (2) the benefits expected; (3) the estimated costs; (4) the cost distribution between the involved parties; (5) the term of the agreement; (6) the terms and conditions for disposal of property acquired by the Secretary; and (7) any other pertinent terms and conditions.
Pursuant to the agreements authorized under the Act, the Secretary may: (1) conduct investigations, engineering and biological surveys, and research; (2) carry out stream clearance activities; (3) undertake actions to facilitate the fishery resources and their free migration; (4) use fish hatcheries to accomplish the purposes of this Act; (5) study and make recommendations regarding the development and management of streams and other bodies of water consistent with the intent of the Act; (6) acquire lands or interest therein; (7) accept donations to be used for acquiring or managing lands or interests therein; and (8) administer such lands or interest therein in a manner consistent with the intent of this Act. Following the collection of these data, the Secretary makes recommendations pertaining to the elimination or reduction of polluting substances detrimental to fish and wildlife in interstate or navigable waterways. Joint NMFS-FWS regulations applicable to this program are published in 50 C.F.R. Part 401.
The Secretary of Commerce also cooperates with States and other non-Federal interests in studying anadromous stocks of Atlantic striped bass. NMFS and the U.S. FWS hold periodic joint meetings to discuss progress of the Emergency Striped Bass Research Study. The most recent such meeting was held on December 2, 1993.
Under §757d, $8 million is authorized for FY95 for activities conducted under cooperative agreements, while §757g authorized $1 million for Atlantic striped bass studies for FY94. For cooperative agreements under the Act, $2.18 million was appropriated in FY94. For striped bass activities, $250,000 was appropriated during both FY94 and FY95. States have used these funds to conduct research on and monitoring of anadromous species, and NMFS has conducted tagging and stock assessment studies.
The Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101-5109; Title VIII of Pub. L. 103-206, as amended) authorizes the Secretary of Commerce to provide financial assistance to the Atlantic States Marine Fisheries Commission and to Atlantic coastal States to adopt and implement fishery management plans for coastal fisheries. If the Commission reports to the Secretary that it finds a State is not complying with an adopted plan, the Secretary may impose a moratorium on all fishing for the species in question within the offending State's waters until that State comes into compliance.
For FY95, $5 million is authorized for these activities. During FY94, $3.2 million, plus an additional $500,000 for the interstate commissions, was transferred from appropriations under the authority of the Interjurisdictional Fisheries Act for work conducted under the Atlantic Coastal Fisheries Cooperative Management Act. NMFS and the FWS have developed a cooperative Memorandum of Understanding to coordinate Federal actions required by the Act, developed and implemented a funding strategy for distribution of funds to State and Federal agencies, and established procedures for implementing a federally imposed moratorium for States not in compliance with the Atlantic States Marine Fisheries Commission's fishery management plans. The NMFS Office of Enforcement participates in meetings of the Atlantic States Marine Fisheries Commission's Law Enforcement Committee. In 1994, this Committee addressed possible enforcement activities to be taken after a moratoria is declared under the authority of this Act.
On December 5, 1994 (59 Federal Register 63326, December 8, 1994), NMFS first used the Atlantic Coastal Fisheries Cooperative Management Act of 1993 by finding New Jersey not in compliance with the Atlantic States Marine Fisheries Commission's Interstate Coastal Fishery Plans for Atlantic sturgeon, bluefish, and weakfish. A moratorium on fishing in New Jersey State waters will be implemented on April 15, 1995, if the State does not come into compliance with the Commission's plans by April 1, 1995.
The Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note; Pub. L. 98-613, as amended) authorizes the Secretaries of Commerce and the Interior to assist in the conservation and management of the Atlantic striped bass. To accomplish this goal, the Secretaries may use the resources of any other Federal agency or department, or any coastal State. Regulations for management of the Atlantic striped bass fishery in Federal exclusive economic zone (EEZ) waters are published in 50 C.F.R. Part 656.
Upon certification by the Atlantic States Marine Fisheries Commission that a coastal State is not in compliance with the Interstate Fisheries Management Plan for Striped Bass, the Secretaries of Commerce and the Interior are required to implement a moratorium on fishing for Atlantic striped bass in the coastal waters of that State, pending a review. During the period of the moratorium, it is illegal to fish within the moratorium area for Atlantic striped bass. This includes failing to return to the water any Atlantic striped bass taken incidentally from the moratorium area, regardless of physical condition. The Act allows for civil penalties and/or forfeitures for violation of the moratorium or any regulations promulgated pursuant to this Act. This provision was used in 1987 for New Jersey and the District of Columbia and again in 1988 for New Jersey when they were notified that a moratorium on fishing might be instituted because they were not in compliance with the Interstate Fisheries Management Plan for Striped Bass. In each case, the moratorium was not implemented because their regulations were brought into compliance with the Plan. During 1990, however, New Jersey was again cited for being out of compliance and a moratorium was implemented for a few days in March until the State's fishing regulations were adequately revised. All States have been reported in compliance with the Striped Bass Plan since 1991.
To facilitate implementing the provisions of this Act, the Secretaries of Commerce and the Interior conduct comprehensive annual surveys of Atlantic striped bass fisheries. Included in these surveys are, among other things, a compilation and assessment of the recreational and commercial landings of this species in coastal States. The results of this survey are published in the Federal Register annually. The most recent (1993 survey) was published February 17, 1995 (60 Federal Register 9324).
During 1994, NMFS participated in the Commission's management planning program to develop Amendment 5 to the Interstate Fisheries Management Plan for Striped Bass that is designed to relax fishing restrictions on striped bass fishing because stocks are recovering. Amendment 5 is expected to be implemented during 1995.
The Act was authorized for "such sums as may be necessary or appropriate to carry out this Act" through FY94. No funds, however, have been appropriated under this authority.
The Central, Western, and South Pacific Fisheries Development Act (16 U.S.C. 758e-758e-5; Pub. L. 92-444, as amended) authorizes the Secretary of Commerce to conduct a program for the development of tuna and other fisheries resources of the Central, Western, and South Pacific Ocean.
The Secretary of Commerce is authorized to conduct, either by contract or directly, a program for the development of tuna and other fisheries resources of the Central, Western, and South Pacific Ocean in cooperation with the Pacific Fisheries Development Foundation. The goals of this program include exploring for and assessing tuna and other fish stocks; improving harvesting techniques; developing gear; monitoring the biological resource; and evaluating the economic potential for tuna and other fisheries resources within the area. In implementing this Act, the Secretary of Commerce may consult and cooperate with the Secretaries of the Interior and State, Hawaii and other affected States, the Governments of American Samoa and Guam, the Commonwealth of the Northern Mariana Islands, educational institutions, the commercial fishing industry, and all appropriate member nations of the South Pacific regional fishery agency. The Secretary of Commerce makes the results and findings of research or development projects conducted under the authority of this Act available to all interested member nations of the agency.
For FY95, $5 million is authorized for this program.
The Endangered Species Act (ESA; 16 U.S.C. 1531-1543; Pub. L. 93-205, as amended) was enacted in 1973 to provide for the conservation of species which are in danger of extinction throughout all or a significant portion of their range (for more information, see "Endangered Species: Continuing Controversy," CRS Issue Brief IB97046). "Species" is defined by the Act to mean either a species, a subspecies, or, for vertebrates (i.e., fish, reptiles, mammals, etc.) only, a distinct population.
Anyone may petition to have a species considered for listing as endangered or threatened, the action which qualifies it for increased protective measures. NMFS regulations concerning ESA listing procedures are published at 50 C.F.R. Parts 217-227, with joint NMFS-FWS regulations appearing at 50 C.F.R. Parts 402 and 424-453. Generally, the U.S. FWS coordinates ESA activities for terrestrial and freshwater species, while NMFS is responsible for marine species and Pacific salmon. Within 90 days of a listing petition's filing, an agency decision is made on whether to reject the petition, or accept it for a further intensive status review of the species. (2) If a status review is conducted, it is initiated with a public solicitation of information and data relevant to the species of concern. A species must be listed if it is threatened or endangered because of any of the following five factors:
Additional important considerations for an ESA listing decision, especially concerning anadromous fish, include defining distinct population segments that qualify as species, determining the abundance threshold for threatened and endangered status, and determining the causes of decline. NMFS will consider listing individual Pacific salmon populations only if they are evolutionarily significant units, defined as "substantially reproductively isolated" and "an important component in the evolutionary legacy of the species" (56 Federal Register 58612, Nov. 20, 1991; for more information, see CRS Report 92-944 ENR, The Listing of a Species: Legal Definitions and Biological Realities).
Economic considerations are legally not relevant to the listing decision; this decision is to be made solely on the basis of the best biological data available. Except for extensions due to consideration of other proposals, a one-year time limit is placed on making the decision to propose listing. If the agency proposes listing, public comments are again solicited on the proposed listing, and a final decision is made within one year after the issuance of the proposal. (3)
Concurrent with the listing decision, critical habitat believed necessary for the continued survival of species is designated. For this decision, economic impacts must be considered. If information is insufficient to designate critical habitat at the time of listing, or if designation of critical habitat would not be "prudent," the Government may take an additional year to identify it.
Once a species is listed, recovery plans are prepared which identify mitigation measures to be initiated to improve the species' status. In addition, the ESA §7 consultation process requires all Federal agencies to use their authorities to conduct conservation programs (mitigation measures) and to consult with NMFS (or the FWS) concerning the potential effects of their actions on any species under the Act's jurisdiction.
For FY92, $6.75 million was authorized for Department of Commerce ESA activities. Most recently, $8.6 million was appropriated for NMFS's ESA activities in FY94, increasing to $17 million for FY95. NMFS publishes the Endangered Species Act Biennial Report: Status of Recovery Program, with the most recent issue summarizing January 1992 through June 1994 program activities.
Much of NMFS's recent ESA activities involve its duty to develop strategies for the conservation and survival of endangered and threatened species. In the area of marine mammals, the ESA and the Marine Mammal Protection Act (MMPA) offer similar management authority for endangered and threatened marine mammal species or stocks. Section 4(f) of the ESA requires the development and implementation of recovery conservation plans, while §115 of the MMPA mandates conservation plans modeled after the ESA for listed species. Several species of whales and sea turtles, the North Pacific fur seal, Hawaiian monk seals, and Stellar sea lions have final recovery plans or conservation plans. Major efforts are also underway for the recovery of listed stocks of Pacific salmon, shortnose sturgeon, and grey sturgeon. Consultations occur on an on-going basis under §7 with Federal action agencies to avoid or mitigate the impacts of their activities on listed species. NMFS also reviews non-Federal activities which may affect listed species and issues §10 permits for incidental take.
In 1994, the NMFS Office of Enforcement initiated 353 cases under the ESA. In the last quarter of the year, a task force of enforcement personnel from all NMFS regions conducted more than 500 boardings of shrimp vessels in the Gulf of Mexico to ensure compliance with regulations regarding turtle excluder devices. This operation resulted in approximately 70 enforcement actions. The majority of the remaining ESA cases involved illegal importations of endangered species parts and products and illegal taking, including harassment, of endangered species.
The Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4101-4107; Pub. L. 99-659, as amended) authorizes the Secretary of Commerce to apportion money to the States for use in developing research programs to enhance the management of interjurisdictional fisheries. NMFS regulations applicable to this program are published in 50 C.F.R. Part 253.
The Secretary of Commerce is authorized to apportion funds to the States for the development of interjurisdictional fisheries. For funds to be disbursed, the Secretary of Commerce has to evaluate the proposed project to ensure funds will be used in the most efficient manner. The Federal Government's share of the cost does not exceed 75 percent of the total projected cost. If the Secretary rejects a proposal, a written explanation must be given to the petitioning State. Any property acquired during the fulfillment of a project is considered the property of the State. However, if the State sells the property for a profit, an amount equal to the proportion of Federal funding which went into acquiring the property must be repaid to the U.S. Treasury. Once States have received funding, the Secretary of Commerce writes a follow-up report on the project for Congress. Included in the report are a description of the project, how much money has been spent on each project by both State and Federal Governments, an assessment of how the project is progressing, and a statement describing all funds which have been allocated pursuant to this Act and the amount of remaining funds.
Under §4107(a), $5 million is authorized for FY95 for general activities, while §4107(b) authorizes an additional $2.5 million for FY95 for cost-sharing programs with States experiencing a commercial fishery failure or a serious disruption from a natural disaster. Grants to commercial fishermen for uninsured losses from specified natural disasters were authorized at $65 million during FY92 under §4107(d). During 1994, $12 million of those funds were designated for Northwest salmon disaster relief. This disaster relief will fund three programs: (1) a vessel permit buyout program (Washington Department of Fish and Wildlife); (2) a habitat restoration jobs program (Natural Resources Conservation Service of the U.S. Department of Agriculture); and (3) a data collection jobs program (Pacific States Marine Fisheries Commission). In addition to these disaster funds, the Dire Emergency Supplemental Act of 1992 (Pub. L. 102-368) appropriated $8.5 million for disaster related work, of which $5.1 million was used in 1993 for shellfish restoration activities to mitigate hurricane damage in California. During 1994, a disaster was also declared in the New England groundfish fishery and $30 million was appropriated for relief efforts in that area. For general activities under the Act, $3.156 million was authorized in 1994, with an additional $3.7 million transferred to fund activities conducted under the authority of the Atlantic Coastal Fisheries Cooperative Management Act. With the funds for general activities under the Act, States have studied and monitored interjurisdictional species.
The 1976 enactment of the Fishery Conservation and Management Act (FCMA; 16 U.S.C. 1801-1882; Pub. L. 94-265, as amended; later renamed the Magnuson Fishery Conservation and Management Act for the late Senator Warren G. Magnuson) ushered in a new era for U.S. marine fisheries management. The FCMA was signed into law on April 13, 1976, after several years of debate on the merits of, and various approaches to, extended fisheries jurisdiction. On March 1, 1977, fisheries resources within 200 miles of all U.S. coasts came under Federal jurisdiction, and a multifaceted regional management system began allocating harvesting rights, with priority given to domestic enterprises. Exclusive Federal management authority was vested in NMFS, within NOAA of the Department of Commerce. The 200-mile fisheries conservation zone was superseded by an EEZ, proclaimed by President Reagan on March 10, 1983. (4)
Under provisions of this Act, eight Regional Fishery Management Councils were established for the New England, Mid-Atlantic, South Atlantic, Caribbean, Gulf of Mexico, Pacific, Western Pacific, and North Pacific regions. Regulations relating to Regional Council activities and operations are published in 50 C.F.R. Parts 601 and 605. The eight Councils prepare fishery management plans (FMPs) for those fisheries, (5) both commercial and recreational, which they determine to require active Federal management. Guidelines for preparation of FMPs in conformance with national standards (§1851 of the MFCMA) are published in 50 C.F.R. Part 602. An environmental assessment or environmental impact statement is prepared for every FMP submitted. After public hearings on these plans, revised FMPs and draft regulations are submitted to the Secretary of Commerce for approval. Regulations are published in the Federal Register to implement approved plans. Completed plans may be amended and revised through similar procedures. As of January 1, 1995, these Councils had implemented 34 FMPs for various fish and shellfish resources, with 11 additional plans in various stages of development. Some plans are created for individual or a few closely related species (e.g., FMPs for red drum by the South Atlantic Council, northern anchovy by the Pacific Council, and for shrimp by the Gulf of Mexico Council). Others are developed for larger species assemblages inhabiting similar habitat (e.g., FMPs for Gulf of Alaska groundfish by the North Pacific Council and for reef fish by the Gulf of Mexico Council). Many of the implemented plans have undergone subsequent amendment (one has been amended more than 30 times), and three plans have been developed and implemented jointly by two or more Councils. In addition, Pub. L. 101-627 amended the MFCMA to give the Secretary of Commerce the responsibility for preparing FMPs for Atlantic highly migratory species, such as sharks, billfish, and tuna. Regulations implementing individual FMPs are published in 50 C.F.R. Parts 625 through 685.
Initially under MFCMA authority, a substantial portion of fishery resources in offshore waters under Federal jurisdiction was allocated for foreign harvest. However, foreign allocations were reduced as domestic fish harvesting and processing industries expanded under the domestic preference authorized by the MFCMA. Under the MFCMA, foreign harvests from the U.S. EEZ declined from about 3.8 billion pounds in 1977, to zero in 1992. Commensurate with the decline of foreign harvest, domestic offshore catch increased from about 1.56 billion pounds (1977) to more than 6.32 billion pounds (1993). Thus, the percent of fish harvested by foreign nations from the U.S. EEZ declined from 71 percent in 1977 to nothing by 1992.
Since 1977, total fish harvest from the U.S. EEZ increased more than 325 percent to a peak of 6.65 billion pounds annually in 1986-1988, but has subsequently declined -- 6.32 billion pounds were landed in 1993. Currently, the largest offshore fishery, in terms of volume landed, is Alaska pollock, with more than 3 billion pounds harvested in 1993. By value, Alaska pollock (almost $337 million) and Gulf of Mexico shrimp (more than $190 million) were the leading fisheries in 1993.
For FY93, $102 million was authorized for MFCMA activities. In calendar year 1994,27 FMP amendments prepared by Regional Councils were implement-ed. These included major amendments to the FMPs for the Atlantic sea scallop fishery, the American lobster fishery, the Northeast multispecies (groundfish) fishery, corals and coral reefs of the Gulf of Mexico and the South Atlantic, the Western Pacific pelagics fishery, and the Bering Sea and Aleutian Islands groundfish fishery. In addition, major regulatory amendments to implement the North Pacific Fishery Research Plan (59 Federal Register 61556, December 1, 1994) and an inshore/offshore allocation program for whiting in the Pacific Coast groundfish fishery (59 Federal Register 17491, April 13, 1994) were promulgated. The Administration also proposed amendments to reauthorize and amend the Magnuson Act (S. 2138 and H.R. 4430). Major proposals included provisions concerning rebuilding depleted stocks, identifying essential fishery habitat, creating a national data collection program, reducing bycatch, and addressing perceptions of conflict of interest on the Regional Councils.
Enforcement of this law and FMP regulations account for the largest portion of NMFS's enforcement activity. In 1994, the NMFS Office of Enforcement, U.S. Coast Guard, and State enforcement officers, working under cooperative agreements, initiated 979 cases under the MFCMA. Included in these violations were 10 foreign vessels (4 Canadian, 2 Japanese, 2 Korean, 1 Taiwanese, and 1 Mexican) cited for fishing illegally in the U.S. EEZ.
The Marine Mammal Protection Act of 1972 (MMPA; 16 U.S.C. 1361-1421; Pub. L. 92-522, as amended) was most recently reauthorized in 1994 (Pub. L. 103-238), and the current authorization for appropriations expires at the end of FY99. In passing the MMPA in 1972, Congress found that:
The MMPA established a moratorium, with certain exceptions, on the taking of marine mammals in U.S. waters and by U.S. citizens on the high seas, and on the importing of marine mammals and marine mammal products into the United States. It defines the term "take" to mean "to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal." (7)
Under the MMPA, the Secretary of Commerce is responsible for the conservation and management of pinnipeds (other than walruses) and cetaceans. The Secretary of the Interior is responsible for walruses, sea and marine otters, polar bears, manatees, and dugongs. (8) The Secretary of Commerce delegated MMPA authority to NMFS. Title II of the Act established an independent Marine Mammal Commission and its Committee of Scientific Advisors to oversee and recommend actions necessary to meet the intents and provisions of the Act. NMFS regulations concerning MMPA permits and procedures are published at 50 C.F.R. Parts 216 and 228-229, with additional joint NMFS-FWS regulations appearing at 50 C.F.R. Part 403.
Prior to passage of the MMPA, States were responsible for the marine mammals on lands and in waters under their jurisdiction. The MMPA vested marine mammal management authority in the Federal Government. It provides that management authority, on a species-by-species basis, could be returned to States that adopt conservation and management programs consistent with the purposes and policies of the Act. (9) It also provides that the moratorium on taking can be waived for specific purposes (excluding public display and scientific research, for which permits may be issued) if the taking will not disadvantage the affected species or stock. It provides that permits may be issued to take or import any marine mammal species, including depleted species, to conduct scientific research or to enhance the survival or recovery of a species or stocky Permits may also be issued to take or import non-depleted species for public display. These permits are very specific in designating numbers and species of animal that can be taken, as well as times, dates, places, and methods of taking.
In 1994, Pub. L. 103-238 amended the MMPA, establishing a new regime to govern the taking of marine mammals incidental to commercial fishing, and replacing an Interim Exemption in place since 1988. This new regime included the preparation of stock assessments for all marine mammal stocks in waters under U.S. jurisdiction, development and implementation of take reduction plans for stocks that may be reduced or are being maintained below their optimum sustainable population levels due to interactions with commercial fisheries, and studies of pinniped-fishery interactions. The mortality of dolphins during tuna seining operations in the eastern tropical Pacific Ocean was a major impetus for passage of the MMPA in 1972, and it continues to be a major international issue which is dealt with under §104 of the MMPA.
The Act also provides that the Secretary shall allow the incidental, but not intentional, taking, by U.S. citizens engaged in activities other than commercial fishing (e.g., offshore oil and gas development), of small numbers of depleted as well as non-depleted marine mammals if, after notice and opportunity for public comment, the Secretary:
The Act's moratorium on taking does not apply to taking by any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean if such taking is for subsistence purposes or for creating and selling authentic Native articles of handicrafts and clothing, and is not done in a wasteful manner. (12)
For FY95, $12.623 million is authorized for MMPA activities other than stock assessments and implementation of the new regime on taking of marine mammals incidental to commercial fishing. For these additional activities, $20 million is authorized for FY95. For FY95, $2.314 million was appropriated for marine mammal research along with $8 million for implementation of the 1994 Amendments to the Act.
Since the 1994 Amendments became law, NMFS has published several regulations to implement requirements under the Act. These include the general authorization for scientific research (59 Federal Register 50372, October 3, 1994), the prohibition on intentional lethal take in commercial fishing (60 Federal Register 6036, February 1, 1995), and a final rule prohibiting approaching closer than 100 yards to humpback whales in Hawaii (60 Federal Register 3775, January 19, 1995). Also, in response to a request from the State of Washington under the new §120, on January 4, 1995, NMFS authorized the intentional lethal taking of individually identifiable California sea lions that are adversely affecting the continued existence of a run of steelhead trout at Ballard Locks, Washington. In addition, NMFS has published a proposed list of fisheries using the criteria established by §118 of the MMPA (59 Federal Register 45263, September 1, 1994) and established Scientific Review Groups to review various aspects towards implementing this section of the law. In this regard, NMFS has made available for public review the methodology for determining each marine mammal stock's Potential Biological Removal and the draft stock assessment reports. Final stock assessment reports are expected to be available in March 1995. In the late spring of 1995, NMFS anticipates publishing proposed regulations governing incidental takes by commercial fisheries under 6118 of the MMPA. In late 1994, NMFS held two public working sessions to discuss the draft regulations. Finally, as part of its public outreach program, NMFS's Office of Protected Resources publishes a Marine Mammal Protection Act Bulletin describing recent events concerning the implementation of the 1994 Amendments to the Act.
A total of 143 cases were made under the MMPA by NMFS enforcement personnel in 1994. These cases consisted mainly of illegal importations of marine mammal parts and products and illegal taking, including harassment, of marine mammals.
Title II of the Marine Protection, Research, and Sanctuaries Act (33 U.S.C. 1441-1445; Title II of Pub. L. 92-532, as amended) authorizes research and monitoring related to ocean dumping as well as research on possible effects of pollution, overfishing, and human-induced changes of the ocean system. The Act provides for long-range research on the effects of human-induced changes to the marine environment and authorizes research and demonstration activities related to phasing out sewage and industrial waste dumping in the marine environment. The Department of Commerce, through NOM and NMFS, conducts comprehensive and continued monitoring and research programs on the possible long-range effects of pollution, overfishing, and human-induced changes of ocean ecosystems, including the scientific assessment of natural resource damages from petroleum spills. NOAA also monitors the environmental conditions at certain dumping sites. The Act requires the Department of Commerce to present an annual report to Congress on these monitoring and research activities.
For FY90, an amount not to exceed $14.5 million was authorized for these research programs.
The National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act (97 Stat. 1409; Pub. L. 98-210, as amended) authorizes NMFS fisheries programs not otherwise authorized by law, including research to reduce entanglement of marine mammals in fishing gear, development of habitat restoration techniques, restoration of Chesapeake Bay, and conservation of Antarctic living marine resources.
For FY93, $59.162 million was authorized for §2(a) -- information collection and analyses, $35.594 million was authorized for §3(a) -- conservation and management operations, and $18.838 million was authorized for §4(a) -- State and industry assistance programs.
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