Fishery, Aquaculture, and Marine Mammal Issues in the 112th Congress

Eugene H. Buck
Specialist in Natural Resources Policy

Harold F. Upton
Analyst in Natural Resources Policy

Fish and marine mammals are important resources in open ocean and nearshore coastal areas; many federal laws and regulations guide their management as well as the management of their habitat. Aquaculture or fish farming enterprises seek to supplement food traditionally provided by wild harvests.

Commercial and sport fishing are jointly managed by the federal government and individual states. States generally have jurisdiction within 3 miles of the coast. Beyond state jurisdiction and out to 200 miles in the federal exclusive economic zone (EEZ), the federal government (National Marine Fisheries Service, NMFS) manages fisheries under the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) through eight regional fishery management councils. Beyond 200 miles, the United States participates in international agreements relating to specific areas or species. The 112th Congress has enacted provisions to direct certain management measures for U.S. tuna fishing under the authority of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (P.L. 112-55); to authorize the Corps of Engineers to take emergency measures to exclude Asian carp from the Great Lakes (P.L. 112-74); to create a Gulf Coast Restoration Trust Fund to promote efforts to achieve long-term sustainability of the ecosystem, fish stocks, fish habitat, and the recreational, commercial, and charter fishing industry in the Gulf of Mexico (P.L. 112-141); and to extend the authority to make expenditures from the Highway Trust Fund and other trust funds, including various programs under the Sport Fish Restoration and Boating Trust Fund, through FY2014 (also in P.L. 112-141).

Aquaculture—the farming of fish, shellfish, and other aquatic animals and plants in a controlled environment—is expanding rapidly abroad, yet with little growth in the United States. In the United States, important species cultured include catfish, salmon, shellfish, and trout. The 112th Congress has enacted provisions to direct the National Aquatic Animal Health Task Force to establish an infectious salmon anemia research program (P.L. 112-55) and to authorize the Corps of Engineers to transfer funds to the Fish and Wildlife Service for National Fish Hatcheries in FY2012 to mitigate for fisheries lost due to Corps of Engineers projects (P.L. 112-74).

Marine mammals are protected under the Marine Mammal Protection Act (MMPA). With few exceptions, the MMPA prohibits harm or harassment (“take”) of marine mammals, unless permits are obtained. It also addresses specific situations of concern, such as dolphin mortality associated with the eastern tropical Pacific tuna fishery. Other than annual appropriations, no marine mammal legislation has been enacted by the 112th Congress.

The level of appropriations for fisheries, aquaculture/hatchery, and marine mammal programs administered by the NMFS and the Fish and Wildlife Service is a recurring issue during the 112th Congress due to pressures to reduce federal spending.


Date of Report: September 26, 2012
Number of Pages: 36
Order Number: R41613
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Fishery, Aquaculture, and Marine Mammal Issues in the 112th Congress

Eugene H. Buck
Specialist in Natural Resources Policy

Harold F. Upton
Analyst in Natural Resources Policy

Fish and marine mammals are important resources in open ocean and nearshore coastal areas; many federal laws and regulations guide their management as well as the management of their habitat. Aquaculture or fish farming enterprises seek to supplement food traditionally provided by wild harvests.

Commercial and sport fishing are jointly managed by the federal government and individual states. States generally have jurisdiction within 3 miles of the coast. Beyond state jurisdiction and out to 200 miles in the federal exclusive economic zone (EEZ), the federal government (National Marine Fisheries Service, NMFS) manages fisheries under the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) through eight regional fishery management councils. Beyond 200 miles, the United States participates in international agreements relating to specific areas or species. The 112th Congress has enacted provisions to direct certain management measures for U.S. tuna fishing under the authority of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (P.L. 112-55); to authorize the Corps of Engineers to take emergency measures to exclude Asian carp from the Great Lakes (P.L. 112-74); to create a Gulf Coast Restoration Trust Fund to promote efforts to achieve long-term sustainability of the ecosystem, fish stocks, fish habitat, and the recreational, commercial, and charter fishing industry in the Gulf of Mexico (P.L. 112-141); and to extend the authority to make expenditures from the Highway Trust Fund and other trust funds, including various programs under the Sport Fish Restoration and Boating Trust Fund, through FY2014 (also in P.L. 112-141).

Aquaculture—the farming of fish, shellfish, and other aquatic animals and plants in a controlled environment—is expanding rapidly abroad, yet with little growth in the United States. In the United States, important species cultured include catfish, salmon, shellfish, and trout. The 112th Congress has enacted provisions to direct the National Aquatic Animal Health Task Force to establish an infectious salmon anemia research program (P.L. 112-55) and to authorize the Corps of Engineers to transfer funds to the Fish and Wildlife Service for National Fish Hatcheries in FY2012 to mitigate for fisheries lost due to Corps of Engineers projects (P.L. 112-74).

Marine mammals are protected under the Marine Mammal Protection Act (MMPA). With few exceptions, the MMPA prohibits harm or harassment (“take”) of marine mammals, unless permits are obtained. It also addresses specific situations of concern, such as dolphin mortality associated with the eastern tropical Pacific tuna fishery. Other than annual appropriations, no marine mammal legislation has been enacted by the 112th Congress.

The level of appropriations for fisheries, aquaculture/hatchery, and marine mammal programs administered by the NMFS and the Fish and Wildlife Service is a recurring issue during the 112th Congress due to pressures to reduce federal spending.


Date of Report: September 17, 2012
Number of Pages: 36
Order Number: R41613
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The Endangered Species Act (ESA) in the 112th Congress: Conflicting Values and Difficult Choices

Eugene H. Buck
Specialist in Natural Resources Policy

M. Lynne Corn
Specialist in Natural Resources Policy

Kristina Alexander
Legislative Attorney

Pervaze A. Sheikh
Specialist in Natural Resources Policy

Robert Meltz
Legislative Attorney

The Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§1531-1543) was enacted to increase protection for, and provide for the recovery of, vanishing wildlife and vegetation. Under ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as endangered or threatened according to assessments of their risk of extinction. Habitat loss is the primary cause for listing species. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. Accordingly, when certain resources are associated with listed species— such as water in arid regions like California, old growth timber in national forests, or free-flowing rivers—ESA is seen as an obstacle to continued or greater human use of these resources. ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline or conflicts. As a result, ESA is considered a primary driver of large-scale ecosystem restoration issues.

Major issues concerning ESA in recent years have included the role of science in decision making, critical habitat (CH) designation, incentives for property owners, and appropriate protection for listed species, among others.

Although many bills have been introduced, little legislation related to ESA has been enacted by the 112th Congress. Committees have conducted oversight of the implementation of various federal programs and laws that address threatened and endangered species. P.L. 112-10 (final appropriations for FY2011) included a legislative delisting of a portion of the reintroduced Rocky Mountain gray wolf population. P.L. 112-74 provided slightly more than $237 million for FWS endangered species and related programs; this FY2012 funding for FWS core ESA programs was 0.5% more than the FY2011 enacted amount and 3.5% less than the FY2012 Administration request.

The authorization for spending under ESA expired on October 1, 1992. The prohibitions and requirements of ESA remain in force, even in the absence of an authorization, and funds have been appropriated to implement the administrative provisions of ESA in each subsequent fiscal year. Proposals to reauthorize and extensively amend ESA were last considered in the 109th Congress, but none were enacted. No legislative proposals were introduced in the 110th or 111th Congresses to reauthorize ESA.

This report discusses oversight issues and legislation introduced in the 112th Congress to address ESA implementation and management of endangered and threatened species.


Date of Report: September 21, 2012
Number of Pages: 27
Order Number: R41608
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National Park Service: Recent Appropriations Trends

Laura B. Comay
Analyst in Natural Resources Policy

This report examines trends in National Park Service (NPS) appropriations over the past decade, as well as other statistics such as the size of the National Park System, numbers of recreation visits to the parks, and NPS staffing levels. NPS receives appropriations in the annual Interior, Environment, and Related Agencies appropriations bill. From FY2003 through FY2012, NPS appropriations increased by about 15% in nominal dollars, but declined by about 5% in inflationadjusted dollars. A spike in appropriations occurred in FY2009, the year that economic stimulus measures were enacted in P.L. 111-5, the American Recovery and Reinvestment Act of 2009.

Five accounts make up the NPS appropriation. Among these, the only account for which funding rose over the decade (by 11.8% in inflation-adjusted dollars) was the largest account, titled “Operation of the National Park System” (ONPS). This account supports the activities, programs, and services that form the day-to-day operations of the park system. The majority of ONPS funds are provided directly to managers of individual park units. Appropriations for the Park Service’s other accounts—including its Construction account, two accounts that primarily support state and local preservation, and an account for land acquisition by both NPS and the states—declined during the decade. The declines in these accounts ranged from about 20% to about 60% in inflation-adjusted dollars. The Construction account, which saw the greatest percentage decline, is used to address, among other things, the Park Service’s deferred maintenance backlog, which has continued to rise.

The funding changes took place in the context of stability in the size of the National Park System, which was about 84.4 million acres throughout the decade. NPS staffing levels hovered around 20,000 for the first several years (FY2003-FY2008), but then rose toward the end of the decade (FY2010-FY2012), coinciding with increased appropriations for park operations following the FY2009 economic stimulus measures. Visits to the parks were lowest at the beginning of the decade (around 266 million in calendar year 2003), and peaked at around 285 million in 2009, declining to about 279 million for 2011.


Date of Report: September 24, 2012
Number of Pages: 21
Order Number: R42757
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Warranted but Precluded: What That Means Under the Endangered Species Act

Kristina Alexander
Legislative Attorney

The Endangered Species Act (ESA) requires the U.S. Fish and Wildlife Service (FWS) to meet deadlines for listing species. Congress incorporated a stop-gap measure in the ESA to allow FWS to comply with the ESA but postpone listing decisions. The measure allows FWS to determine that a species’ protection under the act is warranted but that other listing priorities take precedence. This type of listing determination is known as warranted but precluded.

This report analyzes the process behind a warranted but precluded determination under the ESA. It examines FWS’s annual list of species that are warranted but precluded, and litigation related to the numbers of species whose listing should occur, including a recent settlement. It also discusses what impact a warranted but precluded determination has on federal actions that may affect a species, with a particular analysis of impacts on the sage grouse, whose listing was determined to be warranted but precluded in 2010. Because sage grouse habitat covers so much of the western United States, agency decisions, such as for oil and gas leasing, often have to take this listing decision into account. Both the Bureau of Land Management (BLM) and the U.S. Forest Service have existing policies addressing how land management planning must consider species for which this determination was made.


Date of Report: August 31, 2012
Number of Pages: 12
Order Number: R41100
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