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There continues to be congressional interest in limiting human
activity in certain areas of the marine environment, as one
response to mounting evidence of declining environmental quality
and populations of living resources. The purposes of proposed
additional limits would be both to stem declines and to permit the
rehabilitation of these environments and populations. One method of
implementing this concept is for Congress to designate areas where
activities would be limited, often referred to as marine protected
areas (MPAs). Translating the MPA approach into a national program,
however, would require that Congress resolve many economic,
ecological, and social dilemmas.
Fish and marine mammals are important resources in open ocean and
nearshore coastal areas; many federal laws and regulations guide
their management. Bills to reauthorize and amend major legislation
- the Magnuson-Stevens Fishery Conservation and Management Act
(MSFCMA) and the Marine Mammal Protection Act (MMPA) - were acted
upon by the 109th Congress; the authorization of appropriations for
both laws expired at the end of FY1999. A bill offering extensive
amendments to the MSFCMA was passed by both the House and the
Senate (H.R. 5946) and awaits the President's signature; a bill
extensively amending the MMPA was passed by the House (H.R. 4075).
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 109th Congress included measures to protect fishermen under
bankruptcy law ( 1007 of P.L. 109-8), revise visa requirements to
allow seasonal seafood processing workers to enter the United
States ( 402 of P.L. 109-13 and 1074 of P.L. 109-364), reaffirm
state authority to regulate fishing to distinguish between state
and out-of-state residents ( 6036 of P.L. 109-13), allow hydropower
licensees to propose alternatives to fishways as long as the
alternatives would not diminish fish passage ( 241 of P.L. 109-58),
provide $112 million for Gulf Coast fishery recovery (P.L.
109-234), amend the Sport Fish Restoration Program to permanently
appropriate boat safety funding and modify distribution of funds
(Title X of P.L. 109-59), and implement the Great Lakes Fishery
Resources Restoration Study (P.L. 109-326). 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 109th Congress protects aquaculture
under bankruptcy law ( 1007 of P.L. 109-8) and clarifies
aquaculture grants for 2005 hurricane disaster relief ( 3032 of
P.L. 109-234). Marine mammals are protected under the MMPA. With
few exemptions, the MMPA prohibits harm or harassment ("take") of
marine mammals, unless restrictive permits are obtained. It
addresses specific situations of concern, such as dolphin
mortality, primarily associated with the eastern tropical Pacific
tuna fishery. No marine mammal legislation was enacted by the 109th
Congress. This report replaces CRS Issue Brief IB10139, Fishery,
Aquaculture, and Marine Mammal Legislation in the 109th Congress,
by Eugene H. Buck.
The Endangered Species Act (ESA) protects species identified as
endangered or threatened with extinction and attempts to protect
the habitat on which they depend. It is administered primarily by
the Fish and Wildlife Service and also by the National Marine
Fisheries Service for certain marine and anadromous species.
Dwindling species are listed as either endangered or threatened
according to assessments of the risk of their extinction. Once a
species is listed, legal tools are available to aid its recovery
and to protect its habitat. The ESA can become the visible focal
point for underlying situations involving the allocation of scarce
or diminishing lands or resources, especially in instances where
societal values may be changing, such as for the forests of the
Pacific Northwest, the waters in the Klamath River Basin, or the
polar environment. This report discusses the major provisions of
the ESA, both domestic and international, and also discusses some
of the background issues, such as extinction in general, and the
effectiveness of the statute.
On May 14, 2008, Interior Secretary Dirk Kempthorne announced the
listing of polar bears as threatened under the Endangered Species
Act (ESA). The controversial decision highlights the intersection
of two significant issues currently before Congress - climate
change and species protection. Under the ESA, a listing decision
must rest solely on the best available scientific information
concerning the species. Habitat loss has been a major reason for
many decisions to add species to the list - in this case, loss of
Arctic sea ice. The listing itself was praised by some
environmentalists, who nonetheless deplored interim protective
regulations for the polar bear as being too weak. Other parties,
who opposed the listing itself, argued that the science supporting
listing was weak, but felt that the regulations mitigated some of
the economic impacts of the listing.
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