[104th Congress Public Law 297]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ297.104]
Public Law 104-297
104th Congress
An Act
To amend the Magnuson Fishery Conservation and Management Act to
authorize appropriations, to provide for sustainable fisheries, and for
other purposes. <<NOTE: Oct. 11, 1996 - [S. 39]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Sustainable
Fisheries Act.>>
SECTION 1. <<NOTE: 16 USC 1801 note.>> SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sustainable
Fisheries Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson Fishery Conservation and Management Act.
TITLE I--CONSERVATION AND MANAGEMENT
Sec. 101. Findings; purposes; policy.
Sec. 102. Definitions.
Sec. 103. Authorization of appropriations.
Sec. 104. Highly migratory species.
Sec. 105. Foreign fishing and international fishery agreements.
Sec. 106. National standards.
Sec. 107. Regional fishery management councils.
Sec. 108. Fishery management plans.
Sec. 109. Action by the Secretary.
Sec. 110. Other requirements and authority.
Sec. 111. Pacific community fisheries.
Sec. 112. State jurisdiction.
Sec. 113. Prohibited acts.
Sec. 114. Civil penalties and permit sanctions; rebuttable presumptions.
Sec. 115. Enforcement.
Sec. 116. Transition to sustainable fisheries.
Sec. 117. North Pacific and northwest Atlantic Ocean fisheries.
TITLE II--FISHERY MONITORING AND RESEARCH
Sec. 201. Change of title.
Sec. 202. Registration and information management.
Sec. 203. Information collection.
Sec. 204. Observers.
Sec. 205. Fisheries research.
Sec. 206. Incidental harvest research.
Sec. 207. Miscellaneous research.
Sec. 208. Study of contribution of bycatch to charitable organizations.
Sec. 209. Study of identification methods for harvest stocks.
Sec. 210. Review of Northeast fishery stock assessments.
Sec. 211. Clerical amendments.
TITLE III--FISHERIES FINANCING
Sec. 301. Short title.
Sec. 302. Individual fishing quota loans.
Sec. 303. Fisheries financing and capacity reduction.
TITLE IV--MARINE FISHERY STATUTE REAUTHORIZATIONS
Sec. 401. Marine fish program authorization of appropriations.
Sec. 402. Interjurisdictional Fisheries Act amendments.
Sec. 403. Anadromous fisheries amendments.
Sec. 404. Atlantic coastal fisheries amendments.
Sec. 405. Technical amendments to maritime boundary agreement.
Sec. 406. Amendments to the Fisheries Act.
SEC. 2. AMENDMENT OF MAGNUSON FISHERY CONSERVATION AND MANAGEMENT
ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
TITLE I--CONSERVATION AND MANAGEMENT
SEC. 101. FINDINGS; PURPOSES; POLICY.
Section 2 (16 U.S.C. 1801) is amended--
(1) by striking subsection (a)(2) and inserting the
following:
``(2) Certain stocks of fish have declined to the point
where their survival is threatened, and other stocks of fish
have been so substantially reduced in number that they could
become similarly threatened as a consequence of (A) increased
fishing pressure, (B) the inadequacy of fishery resource
conservation and management practices and controls, or (C)
direct and indirect habitat losses which have resulted in a
diminished capacity to support existing fishing levels.'';
(2) by inserting ``to facilitate long-term protection of
essential fish habitats,'' in subsection (a)(6) after
``conservation,'';
(3) by adding at the end of subsection (a) the following:
``(9) One of the greatest long-term threats to the viability
of commercial and recreational fisheries is the continuing loss
of marine, estuarine, and other aquatic habitats. Habitat
considerations should receive increased attention for the
conservation and management of fishery resources of the United
States.
``(10) Pacific Insular Areas contain unique historical,
cultural, legal, political, and geographical circumstances which
make fisheries resources important in sustaining their economic
growth.'';
(4) by striking ``principles;'' in subsection (b)(3) and
inserting ``principles, including the promotion of catch and
release programs in recreational fishing;'';
(5) by striking ``and'' after the semicolon at the end of
subsection (b)(5);
(6) by striking ``development.'' in subsection (b)(6) and
inserting ``development in a non-wasteful manner; and'';
(7) by adding at the end of subsection (b) the following:
``(7) to promote the protection of essential fish habitat in
the review of projects conducted under Federal permits,
licenses, or other authorities that affect or have the potential
to affect such habitat.'';
(8) in subsection (c)(3)--
(A) by striking ``promotes'' and inserting
``considers''; and
(B) by inserting ``minimize bycatch and'' after
``practical measures that'';
(9) striking ``and'' at the end of paragraph (c)(5);
(10) striking the period at the end of paragraph (c)(6) and
inserting ``; and''; and
(11) adding at the end of subsection (c) a new paragraph as
follows:
``(7) to ensure that the fishery resources adjacent to a
Pacific Insular Area, including resident or migratory stocks
within the exclusive economic zone adjacent to such areas, be
explored, developed, conserved, and managed for the benefit of
the people of such area and of the United States.''.
SEC. 102. DEFINITIONS.
Section 3 (16 U.S.C. 1802) is amended--
(1) by redesignating paragraphs (2) through (32) as
paragraphs (5) through (35) respectively, and inserting after
paragraph (1) the following:
``(2) The term `bycatch' means fish which are harvested in a
fishery, but which are not sold or kept for personal use, and
includes economic discards and regulatory discards. Such term
does not include fish released alive under a recreational catch
and release fishery management program.
``(3) The term `charter fishing' means fishing from a vessel
carrying a passenger for hire (as defined in section 2101(21a)
of title 46, United States Code) who is engaged in recreational
fishing.
``(4) The term `commercial fishing' means fishing in which
the fish harvested, either in whole or in part, are intended to
enter commerce or enter commerce through sale, barter or
trade.'';
(2) in paragraph (7) (as redesignated)--
(A) by striking ``COELENTERATA'' from the heading of
the list of corals and inserting ``CNIDARIA''; and
(B) in the list appearing under the heading
``CRUSTACEA'', by striking ``Deep-sea Red Crab--Geryon
quinquedens'' and inserting ``Deep-sea Red Crab--Chaceon
quinquedens'';
(3) by redesignating paragraphs (9) through (35) (as
redesignated) as paragraphs (11) through (37), respectively, and
inserting after paragraph (8) (as redesignated) the following:
``(9) The term `economic discards' means fish which are the
target of a fishery, but which are not retained because they are
of an undesirable size, sex, or quality, or for other economic
reasons.
``(10) The term `essential fish habitat' means those waters
and substrate necessary to fish for spawning, breeding, feeding
or growth to maturity.'';
(4) by redesignating paragraphs (16) through (37) (as
redesignated) as paragraphs (17) through (38), respectively, and
inserting after paragraph (15) (as redesignated) the following:
``(16) The term `fishing community' means a community which
is substantially dependent on or substantially engaged in the
harvest or processing of fishery resources to meet social and
economic needs, and includes fishing vessel owners, operators,
and crew and United States fish processors that are based in
such community.'';
(5) by redesignating paragraphs (21) through (38) (as
redesignated) as paragraphs (22) through (39), respectively, and
inserting after paragraph (20) (as redesignated) the following:
``(21) The term `individual fishing quota' means a Federal
permit under a limited access system to harvest a quantity of
fish, expressed by a unit or units representing a percentage of
the total allowable catch of a fishery that may be received or
held for exclusive use by a person. Such term does not include
community development quotas as described in section 305(i).'';
(6) by striking ``of one and one-half miles'' in paragraph
(23) (as redesignated) and inserting ``of two and one-half
kilometers'';
(7) by striking paragraph (28) (as redesignated), and
inserting the following:
``(28) The term `optimum', with respect to the yield from a
fishery, means the amount of fish which--
``(A) will provide the greatest overall benefit to
the Nation, particularly with respect to food production
and recreational opportunities, and taking into account
the protection of marine ecosystems;
``(B) is prescribed on the basis of the maximum
sustainable yield from the fishery, as reduced by any
relevant social, economic, or ecological factor; and
``(C) in the case of an overfished fishery, provides
for rebuilding to a level consistent with producing the
maximum sustainable yield in such fishery.'';
(8) by redesignating paragraphs (29) through (39) (as
redesignated) as paragraphs (31) through (41), respectively, and
inserting after paragraph (28) (as redesignated) the following:
``(29) The terms `overfishing' and `overfished' mean a rate
or level of fishing mortality that jeopardizes the capacity of a
fishery to produce the maximum sustainable yield on a continuing
basis.
``(30) The term `Pacific Insular Area' means American Samoa,
Guam, the Northern Mariana Islands, Baker Island, Howland
Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway
Island, Wake Island, or Palmyra Atoll, as applicable, and
includes all islands and reefs appurtenant to such island, reef,
or atoll.'';
(9) by redesignating paragraphs (32) through (41) (as
redesignated) as paragraphs (34) through (43), respectively, and
inserting after paragraph (31) (as redesignated) the following:
``(32) The term `recreational fishing' means fishing for
sport or pleasure.
``(33) The term `regulatory discards' means fish harvested
in a fishery which fishermen are required by regulation to
discard whenever caught, or are required by regulation to retain
but not sell.'';
(10) by redesignating paragraphs (36) through (43) (as
redesignated) as paragraphs (37) through (44), respectively, and
inserting after paragraph (35) (as redesignated) the following:
``(36) The term `special areas' means the areas referred to
as eastern special areas in Article 3(1) of the Agreement
between the United States of America and the Union of Soviet
Socialist Republics on the Maritime Boundary, signed June 1,
1990. In particular, the term refers to those areas east of the
maritime boundary, as defined in that Agreement, that lie within
200 nautical miles of the baselines from which the breadth of
the territorial sea of Russia is measured but beyond 200
nautical miles of the baselines from which the breadth of the
territorial sea of the United States is measured.'';
(11) by striking ``for which a fishery management plan
prepared under title III or a preliminary fishery management
plan prepared under section 201(g) has been implemented'' in
paragraph (42) (as redesignated) and inserting ``regulated under
this Act''; and
(12) by redesignating paragraph (44) (as redesignated) as
paragraph (45), and inserting after paragraph (43) the
following:
``(44) The term `vessel subject to the jurisdiction of the
United States' has the same meaning such term has in section
3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C. App.
1903(c)).''.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
The Act is amended by inserting after section 3 (16 U.S.C. 1802) the
following:
``SEC. 4. <<NOTE: 16 USC 1803.>> AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary for the
purposes of carrying out the provisions of this Act, not to exceed the
following sums:
``(1) $147,000,000 for fiscal year 1996;
``(2) $151,000,000 for fiscal year 1997;
``(3) $155,000,000 for fiscal year 1998; and
``(4) $159,000,000 for fiscal year 1999.''.
SEC. 104. HIGHLY MIGRATORY SPECIES.
Section 102 (16 U.S.C. 1812) is amended by striking ``promoting the
objective of optimum utilization'' and inserting ``shall promote the
achievement of optimum yield''.
SEC. 105. FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS.
(a) Authority To Operate Under Transshipment Permits.--Section 201
(16 U.S.C. 1821) is amended--
(1) by striking paragraphs (1) and (2) of subsection (a) and
inserting the following:
``(1) is authorized under subsections (b) or (c) or section
204(e), or under a permit issued under section 204(d);
``(2) is not prohibited under subsection (f); and'';
(2) by striking ``(i)'' in subsection (c)(2)(D) and
inserting ``(h)'';
(3) by striking subsection (f);
(4) by redesignating subsections (g) through (j) as
subsections (f) through (i), respectively;
(5) in paragraph (2) of subsection (h) (as redesignated),
redesignate subparagraphs (B) and (C) as subparagraphs (C) and
(D), respectively, and insert after subparagraph (A) the
following:
``(B) in a situation where the foreign fishing
vessel is operating under a Pacific Insular Area fishing
agreement, the Governor of the applicable Pacific
Insular Area, in consultation with the Western Pacific
Council, has established an observer coverage program
that is at least equal in effectiveness to the program
established by the Secretary;''; and
(6) in subsection (i) (as redesignated) by striking ``305''
and inserting ``304''.
(b) International Fishery Agreements.--Section 202 (16 U.S.C. 1822)
is amended--
(1) by adding before the period at the end of subsection (c)
``or section 204(e)'';
(2) by adding at the end the following:
``(h) Bycatch Reduction Agreements.--
``(1) The Secretary of State, in cooperation with the
Secretary, shall seek to secure an international agreement to
establish standards and measures for bycatch reduction that are
comparable to the standards and measures applicable to United
States fishermen for such purposes in any fishery regulated
pursuant to this Act for which the Secretary, in consultation
with the Secretary of State, determines that such an
international agreement is necessary and appropriate.
``(2) An international agreement negotiated under this
subsection shall be--
``(A) consistent with the policies and purposes of
this Act; and
``(B) subject to approval by Congress under section
203.
``(3) Not later than January 1, 1997, <<NOTE: Reports.>>
and annually thereafter, the Secretary, in consultation with the
Secretary of State, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Resources of the House of Representatives a report describing
actions taken under this subsection.''.
(c) Period for Congressional Review of International Fishery
Agreements.--Section 203 (16 U.S.C. 1823) is amended--
(1) by striking ``GOVERNING'' in the section heading;
(2) by striking ``agreement'' each place it appears in
subsection (a) and inserting ``agreement, bycatch reduction
agreement, or Pacific Insular Area fishery agreement'';
(3) by striking ``60 calendar days of continuous session of
the Congress'' in subsection (a) and inserting ``120 days
(excluding any days in a period for which the Congress is
adjourned sine die)'';
(4) by striking subsection (c);
(5) by redesignating subsection (d) as subsection (c); and
(6) by striking ``agreement'' in subsection (c)(2)(A), as
redesignated, and inserting ``agreement, bycatch reduction
agreement, or Pacific Insular Area fishery agreement''.
(d) Transshipment Permits and Pacific Insular Area Fishing.--
Section 204 (16 U.S.C. 1824) is amended--
(1) by inserting ``or subsection (d)'' in the first sentence
of subsection (b)(7) after ``under paragraph (6)'';
(2) by striking ``the regulations promulgated to implement
any such plan'' in subsection (b)(7)(A) and inserting ``any
applicable Federal or State fishing regulations'';
(3) by inserting ``or subsection (d)'' in subsection
(b)(7)(D) after ``paragraph (6)(B)''; and
(4) by adding at the end the following:
``(d) Transshipment Permits.--
``(1) Authority to issue permits.--The Secretary may issue a
transshipment permit under this subsection which authorizes a
vessel other than a vessel of the United States to engage in
fishing consisting solely of transporting fish or fish products
at sea from a point within the exclusive economic zone or, with
the concurrence of a State, within the boundaries of that State,
to a point outside the United States to any person who--
``(A) submits an application which is approved by
the Secretary under paragraph (3); and
``(B) pays a fee imposed under paragraph (7).
``(2) Transmittal.--Upon receipt of an application for a
permit under this subsection, the Secretary shall promptly
transmit copies of the application to the Secretary of State,
Secretary of the department in which the Coast Guard is
operating, any appropriate Council, and any affected State.
``(3) Approval of application.--The Secretary may approve,
in consultation with the appropriate Council or Marine Fisheries
Commission, an application for a permit under this section if
the Secretary determines that--
``(A) the transportation of fish or fish products to
be conducted under the permit, as described in the
application, will be in the interest of the United
States and will meet the applicable requirements of this
Act;
``(B) the applicant will comply with the
requirements described in section 201(c)(2) with respect
to activities authorized by any permit issued pursuant
to the application;
``(C) the applicant has established any bonds or
financial assurances that may be required by the
Secretary; and
``(D) no owner or operator of a vessel of the United
States which has adequate capacity to perform the
transportation for which the application is submitted
has indicated to the Secretary an interest in performing
the transportation at fair and reasonable rates.
``(4) Whole or partial approval.--The Secretary may approve
all or any portion of an application under paragraph (3).
``(5) Failure to approve application.--If the Secretary does
not approve any portion of an application submitted under
paragraph (1), the Secretary shall promptly inform the applicant
and specify the reasons therefor.
``(6) Conditions and restrictions.--The Secretary shall
establish and include in each permit under this subsection
conditions and restrictions, including those conditions and
restrictions set forth in subsection (b)(7), which shall be
complied with by the owner and operator of the vessel for which
the permit is issued.
``(7) Fees.--The Secretary shall collect a fee for each
permit issued under this subsection, in an amount adequate to
recover the costs incurred by the United States in issuing the
permit, except that the Secretary shall waive the fee for the
permit if the foreign nation under which the vessel is
registered does not collect a fee from a vessel of the United
States engaged in similar activities in the waters of such
foreign nation.
``(e) Pacific Insular Areas.--
``(1) Negotiation of pacific insular area fishery
agreements.--The Secretary of State, with the concurrence of the
Secretary and in consultation with any appropriate Council, may
negotiate and enter into a Pacific Insular Area fishery
agreement to authorize foreign fishing within the exclusive
economic zone adjacent to a Pacific Insular Area--
``(A) in the case of American Samoa, Guam, or the
Northern Mariana Islands, at the request and with the
concurrence of, and in consultation with, the Governor
of the Pacific Insular Area to which such agreement
applies; and
``(B) in the case of a Pacific Insular Area other
than American Samoa, Guam, or the Northern Mariana
Islands, at the request of the Western Pacific Council.
``(2) Agreement terms and conditions.--A Pacific Insular
Area fishery agreement--
``(A) shall not be considered to supersede any
governing international fishery agreement currently in
effect under this Act, but shall provide an alternative
basis for the conduct of foreign fishing within the
exclusive economic zone adjacent to Pacific Insular
Areas;
``(B) shall be negotiated and implemented consistent
only with the governing international fishery agreement
provisions of this title specifically made applicable in
this subsection;
``(C) may not be negotiated with a nation that is in
violation of a governing international fishery agreement
in effect under this Act;
``(D) shall not be entered into if it is determined
by the Governor of the applicable Pacific Insular Area
with respect to agreements initiated under paragraph
(1)(A), or the Western Pacific Council with respect to
agreements initiated under paragraph (1)(B), that such
an agreement will adversely affect the fishing
activities of the indigenous people of such Pacific
Insular Area;
``(E) shall be valid for a period not to exceed
three years and shall only become effective according to
the procedures in section 203; and
``(F) shall require the foreign nation and its
fishing vessels to comply with the requirements of
paragraphs (1), (2), (3) and (4)(A) of section 201(c),
section 201(d), and section 201(h).
``(3) Permits for foreign fishing.--
``(A) Application for permits for foreign fishing
authorized under a Pacific Insular Areas fishing
agreement shall be made, considered and approved or
disapproved in accordance with paragraphs (3), (4), (5),
(6), (7) (A) and (B), (8), and (9) of subsection (b),
and shall include any conditions and restrictions
established by the Secretary in consultation with the
Secretary of State, the Secretary of the department in
which the Coast Guard is operating, the Governor of the
applicable Pacific Insular Area, and the appropriate
Council.
``(B) If a foreign nation notifies the Secretary of
State of its acceptance of the requirements of this
paragraph, paragraph (2)(F), and paragraph (5),
including any conditions and restrictions established
under subparagraph (A), the Secretary of State shall
promptly transmit such notification to the Secretary.
Upon receipt of any payment required under a Pacific
Insular Area fishing agreement, the Secretary shall
thereupon issue to such foreign nation, through the
Secretary of State, permits for the appropriate fishing
vessels of that nation. Each permit shall contain a
statement of all of the requirements, conditions, and
restrictions established under this subsection which
apply to the fishing vessel for which the permit is
issued.
``(4) Marine conservation plans.--
``(A) Prior to entering into a Pacific Insular Area
fishery agreement, the Western Pacific Council and the
appropriate Governor shall develop a 3-year marine
conservation plan detailing uses for funds to be
collected by the Secretary pursuant to such agreement.
Such plan shall be consistent with any applicable
fishery management plan, identify conservation and
management objectives (including criteria for
determining when such objectives have been met), and
prioritize planned marine conservation projects.
Conservation and management objectives shall include,
but not be limited to--
``(i) establishment of Pacific Insular Area
observer programs, approved by the Secretary in
consultation with the Western Pacific Council,
that provide observer coverage for foreign fishing
under Pacific Insular Area fishery agreements that
is at least equal in effectiveness to the program
established by the Secretary under section 201(h);
``(ii) conduct of marine and fisheries
research, including development of systems for
information collection, analysis, evaluation, and
reporting;
``(iii) conservation, education, and
enforcement activities related to marine and
coastal management, such as living marine resource
assessments, habitat monitoring and coastal
studies;
``(iv) grants to the University of Hawaii for
technical assistance projects by the Pacific
Island Network, such as education and training in
the development and implementation of sustainable
marine resources development projects, scientific
research, and conservation strategies; and
``(v) western Pacific community-based
demonstration projects under section 112(b) of the
Sustainable Fisheries Act and other coastal
improvement projects to foster and promote the
management, conservation, and economic enhancement
of the Pacific Insular Areas.
``(B) In the case of American Samoa, Guam, and the Northern
Mariana Islands, the appropriate Governor, with the concurrence
of the Western Pacific Council, shall develop the marine
conservation plan described in subparagraph (A) and submit such
plan to the Secretary for approval. In the case of other Pacific
Insular Areas, the Western Pacific Council shall develop and
submit the marine conservation plan described in subparagraph
(A) to the Secretary for approval.
``(C) If a Governor or the Western Pacific Council intends
to request that the Secretary of State renew a Pacific Insular
Area fishery agreement, a subsequent 3-year plan shall be
submitted to the Secretary for approval by the end of the second
year of the existing 3-year plan.
``(5) Reciprocal conditions.--Except as expressly provided
otherwise in this subsection, a Pacific Insular Area fishing
agreement may include terms similar to the terms applicable to
United States fishing vessels for access to similar fisheries in
waters subject to the fisheries jurisdiction of another nation.
``(6) Use of payments by american samoa, guam, northern
mariana islands.--Any payments received by the Secretary under a
Pacific Insular Area fishery agreement for American Samoa, Guam,
or the Northern Mariana Islands shall be deposited into the
United States Treasury and then covered over to the Treasury of
the Pacific Insular Area for which those funds were collected.
Amounts deposited in the Treasury of a Pacific Insular Area
shall be available, without appropriation or fiscal year
limitation, to the Governor of the Pacific Insular Area--
``(A) to carry out the purposes of this subsection;
``(B) to compensate (i) the Western Pacific Council
for mutually agreed upon administrative costs incurred
relating to any Pacific Insular Area fishery agreement
for such Pacific Insular Area, and (ii) the Secretary of
State for mutually agreed upon travel expenses for no
more than 2 Federal representatives incurred as a direct
result of complying with paragraph (1)(A); and
``(C) to implement a marine conservation plan
developed and approved under paragraph (4).
``(7) Western pacific sustainable fisheries fund.--There is
established in the United States Treasury a Western Pacific
Sustainable Fisheries Fund into which any payments received by
the Secretary under a Pacific Insular Area fishery agreement for
any Pacific Insular Area other than American Samoa, Guam, or the
Northern Mariana Islands shall be deposited. The Western Pacific
Sustainable Fisheries Fund shall be made available, without
appropriation or fiscal year limitation, to the Secretary, who
shall provide such funds only to--
``(A) the Western Pacific Council for the purpose of
carrying out the provisions of this subsection,
including implementation of a marine conservation plan
approved under paragraph (4);
``(B) the Secretary of State for mutually agreed
upon travel expenses for no more than 2 Federal
representatives incurred as a direct result of complying
with paragraph (1)(B); and
``(C) the Western Pacific Council to meet
conservation and management objectives in the State of
Hawaii if monies remain in the Western Pacific
Sustainable Fisheries Fund after the funding
requirements of subparagraphs (A) and (B) have been
satisfied.
Amounts deposited in such fund shall not diminish funding
received by the Western Pacific Council for the purpose of
carrying out other responsibilities under this Act.
``(8) Use of fines and penalties.--In the case of violations
occurring within the exclusive economic zone off American Samoa,
Guam, or the Northern Mariana Islands, amounts received by the
Secretary which are attributable to fines or penalties imposed
under this Act, including such sums collected from the
forfeiture and disposition or sale of property seized subject to
its authority, after payment of direct costs of the enforcement
action to all entities involved in such action, shall be
deposited into the Treasury of the Pacific Insular Area adjacent
to the exclusive economic zone in which the violation occurred,
to be used for fisheries enforcement and for implementation of a
marine conservation plan under paragraph (4).''.
(e) Atlantic Herring Transshipment.--Within 30 days of receiving an
application, the Secretary shall, under section 204(d) of the Magnuson
Fishery Conservation and Management Act, as amended by this Act, issue
permits to up to fourteen Canadian transport vessels that are not
equipped for fish harvesting or processing, for the transshipment,
within the boundaries of the State of Maine or within the portion of the
exclusive economic zone east of the line 69 degrees 30 minutes west and
within 12 nautical miles from the seaward boundary of that State, of
Atlantic herring harvested by United States fishermen within the area
described and used solely in sardine processing. In issuing a permit
pursuant to this subsection, the Secretary shall provide a waiver under
section 201(h)(2)(C) of the Magnuson Fishery Conservation and Management
Act, as amended by this Act: Provided, That such vessels comply with
Federal or State monitoring and reporting requirements for the Atlantic
herring fishery, including the stationing of United States observers
aboard such vessels, if necessary.
(f) Large Scale Driftnet Fishing.--Section 206 (16 U.S.C. 1826) is
amended--
(1) in subsection (e), by striking paragraphs (3) and (4),
and redesignating paragraphs (5) and (6) as (3) and (4),
respectively; and
(2) in subsection (f), by striking ``(e)(6),'' and inserting
``(e)(4),''.
(g) <<NOTE: Reports.>> Russian Fishing in the Bering Sea.--No later
than September 30, 1997, the North Pacific Fishery Management Council,
in consultation with the North Pacific and Bering Sea Advisory Body,
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Resources of the House of
Representatives a report describing the institutional structures in
Russia pertaining to stock assessment, management, and enforcement for
fishery harvests in the Bering Sea, and recommendations for improving
coordination between the United States and Russia for managing and
conserving Bering Sea fishery resources of mutual concern.
SEC. 106. NATIONAL STANDARDS.
(a) Section 301(a)(5) (16 U.S.C. 1851(a)(5)) is amended by striking
``promote'' and inserting ``consider''.
(b) Section 301(a) (16 U.S.C. 1851(a)) is amended by adding at the
end thereof the following:
``(8) Conservation and management measures shall, consistent
with the conservation requirements of this Act (including the
prevention of overfishing and rebuilding of overfished stocks),
take into account the importance of fishery resources to fishing
communities in order to (A) provide for the sustained
participation of such communities, and (B) to the extent
practicable, minimize adverse economic impacts on such
communities.
``(9) Conservation and management measures shall, to the
extent practicable, (A) minimize bycatch and (B) to the extent
bycatch cannot be avoided, minimize the mortality of such
bycatch.
``(10) Conservation and management measures shall, to the
extent practicable, promote the safety of human life at sea.''.
SEC. 107. REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) Section 302(a) (16 U.S.C. 1852(a)) is amended--
(1) by inserting ``(1)'' after the subsection heading;
(2) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively;
(3) by striking ``section 304(f)(3)'' wherever it appears
and inserting ``paragraph (3)'';
(4) in paragraph (1)(B), as amended--
(A) by striking ``and Virginia'' and inserting
``Virginia, and North Carolina'';
(B) by inserting ``North Carolina, and'' after
``except'';
(C) by striking ``19'' and inserting ``21''; and
(D) by striking ``12'' and inserting ``13'';
(5) by striking paragraph (1)(F), as redesignated, and
inserting the following:
``(F) Pacific council.--The Pacific Fishery
Management Council shall consist of the States of
California, Oregon, Washington, and Idaho and shall have
authority over the fisheries in the Pacific Ocean
seaward of such States. The Pacific Council shall have
14 voting members, including 8 appointed by the
Secretary in accordance with subsection (b)(2) (at least
one of whom shall be appointed from each such State),
and including one appointed from an Indian tribe with
Federally recognized fishing rights from California,
Oregon, Washington, or Idaho in accordance with
subsection (b)(5).'';
(6) by indenting the sentence at the end thereof and
inserting ``(2)'' before ``Each Council''; and
(7) by adding at the end the following:
``(3) The Secretary shall have authority over any highly
migratory species fishery that is within the geographical area
of authority of more than one of the following Councils: New
England Council, Mid-Atlantic Council, South Atlantic Council,
Gulf Council, and Caribbean Council.''.
(b) Section 302(b) (16 U.S.C. 1852(b)) is amended--
(1) by striking ``subsection (b)(2)'' in paragraphs (1)(C)
and (3), and inserting in both places ``paragraphs (2) and
(5)'';
(2) by striking the last sentence in paragraph (3) and
inserting the following: ``Any term in which an individual was
appointed to replace a member who left office during the term
shall not be counted in determining the number of consecutive
terms served by that Council member.''; and
(3) by striking paragraph (5) and inserting after paragraph
(4) the following:
``(5)(A) The Secretary shall appoint to the Pacific Council
one representative of an Indian tribe with Federally recognized
fishing rights from California, Oregon, Washington, or Idaho
from a list of not less than 3 individuals submitted by the
tribal governments. <<NOTE: Regulations.>> The Secretary, in
consultation with the Secretary of the Interior and tribal
governments, shall establish by regulation the procedure for
submitting a list under this subparagraph.
``(B) Representation shall be rotated among the tribes
taking into consideration--
``(i) the qualifications of the individuals on the
list referred to in subparagraph (A),
``(ii) the various rights of the Indian tribes
involved and judicial cases that set forth how those
rights are to be exercised, and
``(iii) the geographic area in which the tribe of
the representative is located.
``(C) A vacancy occurring prior to the expiration of any
term shall be filled in the same manner as set out in
subparagraphs (A) and (B), except that the Secretary may use the
list from which the vacating representative was chosen.
``(6) The Secretary may remove for cause any member of a
Council required to be appointed by the Secretary in accordance
with paragraphs (2) or (5) if--
``(A) the Council concerned first recommends removal
by not less than two-thirds of the members who are
voting members and submits such removal recommendation
to the Secretary in writing together with a statement of
the basis for the recommendation; or
``(B) the member is found by the Secretary, after
notice and an opportunity for a hearing in accordance
with section 554 of title 5, United States Code, to have
committed an act prohibited by section 307(1)(O).''.
(c) Section 302(d) (16 U.S.C. 1852(d)) is amended in the first
sentence--
(1) by striking ``each Council,'' and inserting ``each
Council who are required to be appointed by the Secretary and'';
and
(2) by striking ``shall, until January 1, 1992,'' and all
that follows through ``GS-16'' and inserting ``shall receive
compensation at the daily rate for GS-15, step 7''.
(d) Section 302(e) (16 U.S.C. 1852(e)) is amended by adding at the
end the following:
``(5) At the request of any voting member of a Council, the
Council shall hold a roll call vote on any matter before the
Council. The official minutes and other appropriate records of
any Council meeting shall identify all roll call votes held, the
name of each voting member present during each roll call vote,
and how each member voted on each roll call vote.''.
(e) Section 302(g) (16 U.S.C. 1852(g)) is amended by redesignating
paragraph (4) as paragraph (5), and by inserting after paragraph (3) the
following:
``(4) The Secretary shall establish advisory panels to
assist in the collection and evaluation of information relevant
to the development of any fishery management plan or plan
amendment for a fishery to which subsection (a)(3) applies. Each
advisory panel shall participate in all aspects of the
development of the plan or amendment; be balanced in its
representation of commercial, recreational, and other interests;
and consist of not less than 7 individuals who are knowledgeable
about the fishery for which the plan or amendment is developed,
selected from among--
``(A) members of advisory committees and species
working groups appointed under Acts implementing
relevant international fishery agreements pertaining to
highly migratory species; and
``(B) other interested persons.''.
(f) Section 302(h) (16 U.S.C. 1852(h)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) for each fishery under its authority that requires
conservation and management, prepare and submit to the Secretary
(A) a fishery management plan, and (B) amendments to each such
plan that are necessary from time to time (and promptly whenever
changes in conservation and management measures in another
fishery substantially affect the fishery for which such plan was
developed);'';
(2) in paragraph (2)--
(A) by striking ``section 204(b)(4)(C),'' in
paragraph (2) and inserting ``section 204(b)(4)(C) or
section 204(d),'';
(B) by striking ``304(c)(2)'' and inserting
``304(c)(4)''; and
(3) by striking ``304(f)(3)'' in paragraph (5) and inserting
``subsection (a)(3)''.
(g) Section 302 is amended further by striking subsection (i), and
by redesignating subsections (j) and (k) as subsections (i) and (j),
respectively.
(h) Section 302(i), as redesignated, is amended--
(1) by striking ``of the Councils'' in paragraph (1) and
inserting ``established under subsection (g)'';
(2) by striking ``of a Council:'' in paragraph (2) and
inserting ``established under subsection (g):'';
(3) by striking ``Council's'' in paragraph (2)(C);
(4) by adding the following at the end of paragraph (2)(C):
``The published agenda of the meeting may not be modified to
include additional matters for Council action without public
notice or within 14 days prior to the meeting date, unless such
modification is to address an emergency action under section
305(c), in which case public notice shall be given
immediately.'';
(5) by adding the following at the end of paragraph (2)(D):
``All written information submitted to a Council by an
interested person shall include a statement of the source and
date of such information. Any oral or written statement shall
include a brief description of the background and interests of
the person in the subject of the oral or written statement.'';
(6) by striking paragraph (2)(E) and inserting:
``(E) <<NOTE: Records.>> Detailed minutes of each
meeting of the Council, except for any closed session,
shall be kept and shall contain a record of the persons
present, a complete and accurate description of matters
discussed and conclusions reached, and copies of all
statements filed. <<NOTE: Certification.>> The Chairman
shall certify the accuracy of the minutes of each such
meeting and submit a copy thereof to the Secretary. The
minutes shall be made available to any court of
competent jurisdiction.'';
(7) by striking ``by the Council'' the first place it
appears in paragraph (2)(F);
(8) by inserting ``or the Secretary, as appropriate'' in
paragraph (2)(F) after ``of the Council'';
(9) by striking ``303(d)'' each place it appears in
paragraph (2)(F) and inserting ``402(b)''; and
(10) by striking ``303(d)'' in paragraph (4) and inserting
``402(b)''.
(i) Section 302(j), as redesignated, is amended--
(1) by inserting ``and Recusal'' after ``Interest'' in the
subsection heading;
(2) by striking paragraph (1) and inserting the following:
``(1) For the purposes of this subsection--
``(A) the term `affected individual' means an
individual who--
``(i) is nominated by the Governor of a State
for appointment as a voting member of a Council in
accordance with subsection (b)(2); or
``(ii) is a voting member of a Council
appointed--
``(I) under subsection (b)(2); or
``(II) under subsection (b)(5) who
is not subject to disclosure and recusal
requirements under the laws of an Indian
tribal government; and
``(B) the term `designated official' means a person
with expertise in Federal conflict-of-interest
requirements who is designated by the Secretary, in
consultation with the Council, to attend Council
meetings and make determinations under paragraph
(7)(B).'';
(3) by striking ``(1)(A)'' in paragraph (3)(A) and inserting
``(1)(A)(i)'';
(4) by striking ``(1)(B) or (C)'' in paragraph (3)(B) and
inserting ``(1)(A)(ii)'';
(5) by striking ``(1)(B) or (C)'' in paragraph (4) and
inserting ``(1)(A)(ii)'';
(6)(A) by striking ``and'' at the end of paragraph (5)(A);
(B) by striking the period at the end of paragraph (5)(B)
and inserting a semicolon and the word ``and''; and
(C) by adding at the end of paragraph (5) the following:
``(C) be kept on file by the Secretary for use in
reviewing determinations under paragraph (7)(B) and made
available for public inspection at reasonable hours.'';
(7) by striking ``(1)(B) or (C)'' in paragraph (6) and
inserting ``(1)(A)(ii)'';
(8) by redesignating paragraph (7) as paragraph (8) and
inserting after paragraph (6) the following:
``(7)(A) After the effective date of regulations promulgated
under subparagraph (F) of this paragraph, an affected individual
required to disclose a financial interest under paragraph (2)
shall not vote on a Council decision which would have a
significant and predictable effect on such financial interest. A
Council decision shall be considered to have a significant and
predictable effect on a financial interest if there is a close
causal link between the Council decision and an expected and
substantially disproportionate benefit to the financial interest
of the affected individual relative to the financial interests
of other participants in the same gear type or sector of the
fishery. An affected individual who may not vote may participate
in Council deliberations relating to the decision after
notifying the Council of the voting recusal and identifying the
financial interest that would be affected.
``(B) At the request of an affected individual, or upon the
initiative of the appropriate designated official, the
designated official shall make a determination for the record
whether a Council decision would have a significant and
predictable effect on a financial interest.
``(C) Any Council member may submit a written request to the
Secretary to review any determination by the designated official
under subparagraph (B) within 10 days of such determination.
Such review shall be completed within 30 days of receipt of the
request.
``(D) Any affected individual who does not vote in a Council
decision in accordance with this subsection may state for the
record how he or she would have voted on such decision if he or
she had voted.
``(E) If the Council makes a decision before the Secretary
has reviewed a determination under subparagraph (C), the
eventual ruling may not be treated as cause for the invalidation
or reconsideration by the Secretary of such decision.
``(F) <<NOTE: Regulations.>> The Secretary, in consultation
with the Councils and by not later than one year from the date
of enactment of the Sustainable Fisheries Act, shall promulgate
regulations which prohibit an affected individual from voting in
accordance with subparagraph (A), and which allow for the making
of determinations under subparagraphs (B) and (C).''; and
(9) by striking ``(1)(B) or (C)'' in paragraph (8), as
redesignated, and inserting ``(1)(A)(ii)''.
SEC. 108. FISHERY MANAGEMENT PLANS.
(a) Required Provisions.--Section 303(a) (16 U.S.C. 1853(a)) is
amended--
(1) in paragraph (1)(A) by inserting ``and rebuild
overfished stocks'' after ``overfishing'';
(2) by inserting ``commercial, recreational, and charter
fishing in'' in paragraph (5) after ``with respect to'';
(3) by striking paragraph (7) and inserting the following:
``(7) describe and identify essential fish habitat for the
fishery based on the guidelines established by the Secretary
under section 305(b)(1)(A), minimize to the extent practicable
adverse effects on such habitat caused by fishing, and identify
other actions to encourage the conservation and enhancement of
such habitat;'';
(4) by striking ``and'' at the end of paragraph (8);
(5) by inserting ``and fishing communities'' after
``fisheries'' in paragraph (9)(A);
(6) by striking the period at the end of paragraph (9) and
inserting a semicolon; and
(7) by adding at the end the following:
``(10) specify objective and measurable criteria for
identifying when the fishery to which the plan applies is
overfished (with an analysis of how the criteria were determined
and the relationship of the criteria to the reproductive
potential of stocks of fish in that fishery) and, in the case of
a fishery which the Council or the Secretary has determined is
approaching an overfished condition or is overfished, contain
conservation and management measures to prevent overfishing or
end overfishing and rebuild the fishery;
``(11) establish a standardized reporting methodology to
assess the amount and type of bycatch occurring in the fishery,
and include conservation and management measures that, to the
extent practicable and in the following priority--
``(A) minimize bycatch; and
``(B) minimize the mortality of bycatch which cannot
be avoided;
``(12) assess the type and amount of fish caught and
released alive during recreational fishing under catch and
release fishery management programs and the mortality of such
fish, and include conservation and management measures that, to
the extent practicable, minimize mortality and ensure the
extended survival of such fish;
``(13) include a description of the commercial,
recreational, and charter fishing sectors which participate in
the fishery and, to the extent practicable, quantify trends in
landings of the managed fishery resource by the commercial,
recreational, and charter fishing sectors; and
``(14) to the extent that rebuilding plans or other
conservation and management measures which reduce the overall
harvest in a fishery are necessary, allocate any harvest
restrictions or recovery benefits fairly and equitably among the
commercial, recreational, and charter fishing sectors in the
fishery.''.
(b) Implementation.--Not later than 24 months <<NOTE: 16 USC 1853
note.>> after the date of enactment of this Act, each Regional Fishery
Management Council shall submit to the Secretary of Commerce amendments
to each fishery management plan under its authority to comply with the
amendments made in subsection (a) of this section.
(c) Discretionary Provisions.--Section 303(b) (16 U.S.C. 1853(b)) is
amended--
(1) by striking paragraph (3) and inserting the following:
``(3) establish specified limitations which are necessary
and appropriate for the conservation and management of the
fishery on the--
``(A) catch of fish (based on area, species, size,
number, weight, sex, bycatch, total biomass, or other
factors);
``(B) sale of fish caught during commercial,
recreational, or charter fishing, consistent with any
applicable Federal and State safety and quality
requirements; and
``(C) transshipment or transportation of fish or
fish products under permits issued pursuant to section
204;'';
(2) by striking ``system for limiting access to'' in
paragraph (6) and inserting ``limited access system for'';
(3) by striking ``fishery'' in subparagraph (E) of paragraph
(6) and inserting ``fishery and any affected fishing
communities'';
(4) by inserting ``one or more'' in paragraph (8) after
``require that'';
(5) by striking ``and'' at the end of paragraph (9);
(6) by redesignating paragraph (10) as paragraph (12); and
(7) by inserting after paragraph (9) the following:
``(10) include, consistent with the other provisions of this
Act, conservation and management measures that provide harvest
incentives for participants within each gear group to employ
fishing practices that result in lower levels of bycatch or in
lower levels of the mortality of bycatch;
``(11) reserve a portion of the allowable biological catch
of the fishery for use in scientific research; and''.
(d) Regulations.--Section 303 (16 U.S.C. 1853) is amended by
striking subsection (c) and inserting the following:
``(c) Proposed Regulations.--Proposed regulations which the Council
deems necessary or appropriate for the purposes of--
``(1) implementing a fishery management plan or plan
amendment shall be submitted to the Secretary simultaneously
with the plan or amendment under section 304; and
``(2) making modifications to regulations implementing a
fishery management plan or plan amendment may be submitted to
the Secretary at any time after the plan or amendment is
approved under section 304.''.
(e) Individual Fishing Quotas.--Subsection 303 (16 U.S.C. 1853) is
amended further by striking subsections (d), (e), and (f), and inserting
the following:
``(d) Individual Fishing Quotas.--
``(1)(A) A Council may not submit and the Secretary may not
approve or implement before October 1, 2000, any fishery
management plan, plan amendment, or regulation under this Act
which creates a new individual fishing quota program.
``(B) Any fishery management plan, plan amendment, or
regulation approved by the Secretary on or after January 4,
1995, which creates any new individual fishing quota program
shall be repealed and immediately returned by the Secretary to
the appropriate Council and shall not be resubmitted,
reapproved, or implemented during the moratorium set forth in
subparagraph (A).
``(2)(A) No provision of law shall be construed to limit the
authority of a Council to submit and the Secretary to approve
the termination or limitation, without compensation to holders
of any limited access system permits, of a fishery management
plan, plan amendment, or regulation that provides for a limited
access system, including an individual fishing quota program.
``(B) This subsection shall not be construed to prohibit a
Council from submitting, or the Secretary from approving and
implementing, amendments to the North Pacific halibut and
sablefish, South Atlantic wreckfish, or Mid-Atlantic surf clam
and ocean (including mahogany) quahog individual fishing quota
programs.
``(3) An individual fishing quota or other limited access
system authorization--
``(A) shall be considered a permit for the purposes
of sections 307, 308, and 309;
``(B) may be revoked or limited at any time in
accordance with this Act;
``(C) shall not confer any right of compensation to
the holder of such individual fishing quota or other
such limited access system authorization if it is
revoked or limited; and
``(D) shall not create, or be construed to create,
any right, title, or interest in or to any fish before
the fish is harvested.
``(4)(A) A Council may submit, and the Secretary may approve
and implement, a program which reserves up to 25 percent of any
fees collected from a fishery under section 304(d)(2) to be
used, pursuant to section 1104A(a)(7) of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1274(a)(7)), to issue obligations that
aid in financing the--
``(i) purchase of individual fishing quotas in that
fishery by fishermen who fish from small vessels; and
``(ii) first-time purchase of individual fishing
quotas in that fishery by entry level fishermen.
``(B) A Council making a submission under subparagraph (A)
shall recommend criteria, consistent with the provisions of this
Act, that a fisherman must meet to qualify for guarantees under
clauses (i) and (ii) of subparagraph (A) and the portion of
funds to be allocated for guarantees under each clause.
``(5) In submitting and approving any new individual fishing
quota program on or after October 1, 2000, the Councils and the
Secretary shall consider the report of the National Academy of
Sciences required under section 108(f) of the Sustainable
Fisheries Act, and any recommendations contained in such report,
and shall ensure that any such program--
``(A) establishes procedures and requirements for
the review and revision of the terms of any such program
(including any revisions that may be necessary once a
national policy with respect to individual fishing quota
programs is implemented), and, if appropriate, for the
renewal, reallocation, or reissuance of individual
fishing quotas;
``(B) provides for the effective enforcement and
management of any such program, including adequate
observer coverage, and for fees under section 304(d)(2)
to recover actual costs directly related to such
enforcement and management; and
``(C) provides for a fair and equitable initial
allocation of individual fishing quotas, prevents any
person from acquiring an excessive share of the
individual fishing quotas issued, and considers the
allocation of a portion of the annual harvest in the
fishery for entry-level fishermen, small vessel owners,
and crew members who do not hold or qualify for
individual fishing quotas.''.
(f) Individual Fishing Quota <<NOTE: 16 USC 1853 note.>> Report.--
(1) Not later than October 1, 1998, the National Academy of Sciences, in
consultation with the Secretary of Commerce and the Regional Fishery
Management Councils, shall submit to the Congress a comprehensive final
report on individual fishing quotas, which shall include recommendations
to implement a national policy with respect to individual fishing
quotas. The report shall address all aspects of such quotas, including
an analysis of--
(A) the effects of limiting or prohibiting the
transferability of such quotas;
(B) mechanisms to prevent foreign control of the harvest of
United States fisheries under individual fishing quota programs,
including mechanisms to prohibit persons who are not eligible to
be deemed a citizen of the United States for the purpose of
operating a vessel in the coastwise trade under section 2(a) and
section 2(c) of the Shipping Act, 1916 (46 U.S.C. 802 (a) and
(c)) from holding individual fishing quotas;
(C) the impact of limiting the duration of individual
fishing quota programs;
(D) the impact of authorizing Federal permits to process a
quantity of fish that correspond to individual fishing quotas,
and of the value created for recipients of any such permits,
including a comparison of such value to the value of the
corresponding individual fishing quotas;
(E) mechanisms to provide for diversity and to minimize
adverse social and economic impacts on fishing communities,
other fisheries affected by the displacement of vessels, and any
impacts associated with the shifting of capital value from
fishing vessels to individual fishing quotas, as well as the use
of capital construction funds to purchase individual fishing
quotas;
(F) mechanisms to provide for effective monitoring and
enforcement, including the inspection of fish harvested and
incentives to reduce bycatch, and in particular economic
discards;
(G) threshold criteria for determining whether a fishery may
be considered for individual fishing quota management, including
criteria related to the geographical range, population dynamics
and condition of a fish stock, the socioeconomic characteristics
of a fishery (including participants' involvement in multiple
fisheries in the region), and participation by commercial,
charter, and recreational fishing sectors in the fishery;
(H) mechanisms to ensure that vessel owners, vessel masters,
crew members, and United States fish processors are treated
fairly and equitably in initial allocations, to require persons
holding individual fishing quotas to be on board the vessel
using such quotas, and to facilitate new entry under individual
fishing quota programs;
(I) potential social and economic costs and benefits to the
nation, individual fishing quota recipients, and any recipients
of Federal permits described in subparagraph (D) under
individual fishing quota programs, including from capital gains
revenue, the allocation of such quotas or permits through
Federal auctions, annual fees and transfer fees at various
levels, or other measures;
(J) the value created for recipients of individual fishing
quotas, including a comparison of such value to the value of the
fish harvested under such quotas and to the value of permits
created by other types of limited access systems, and the
effects of creating such value on fishery management and
conservation; and
(K) such other matters as the National Academy of Sciences
deems appropriate.
(2) The report shall include a detailed analysis of
individual fishing quota programs already implemented in the
United States, including the impacts: of any limits on
transferability, on past and present participants, on fishing
communities, on the rate and total amount of bycatch (including
economic and regulatory discards) in the fishery, on the safety
of life and vessels in the fishery, on any excess harvesting or
processing capacity in the fishery, on any gear conflicts in the
fishery, on product quality from the fishery, on the
effectiveness of enforcement in the fishery, on the size and
composition of fishing vessel fleets, on the economic value
created by individual fishing quotas for initial recipients and
non-recipients, on conservation of the fishery resource, on
fishermen who rely on participation in several fisheries, on the
success in meeting any fishery management plan goals, and the
fairness and effectiveness of the methods used for allocating
quotas and controlling transferability. The report shall also
include any information about individual fishing quota programs
in other countries that may be useful.
(3) The report shall identify and analyze alternative
conservation and management measures, including other limited
access systems such as individual transferable effort systems,
that could accomplish the same objectives as individual fishing
quota programs, as well as characteristics that are unique to
individual fishing quota programs.
(4) <<NOTE: Establishment.>> The Secretary of Commerce
shall, in consultation with the National Academy of Sciences,
the Councils, the fishing industry, affected States,
conservation organizations and other interested persons,
establish two individual fishing quota review groups to assist
in the preparation of the report, which shall represent: (A)
Alaska, Hawaii, and the other Pacific coastal States; and (B)
Atlantic coastal States and the Gulf of Mexico coastal States.
The Secretary shall, to the extent practicable, achieve a
balanced representation of viewpoints among the individuals on
each review group. The review groups shall be deemed to be
advisory panels under section 302(g) of the Magnuson Fishery
Conservation and Management Act, as amended by this Act.
(5) The Secretary of Commerce, in consultation with the
National Academy of Sciences and the Councils, shall conduct
public hearings in each Council region to obtain comments on
individual fishing quotas for use by the National Academy of
Sciences in preparing the report required by this subsection.
The <<NOTE: Reports.>> National Academy of Sciences shall submit
a draft report to the Secretary of Commerce by January 1,
1998. <<NOTE: Federal Register, publication.>> The Secretary of
Commerce shall publish in the Federal Register a notice and
opportunity for public comment on the draft of the report, or
any revision thereof. A detailed summary of comments received
and views presented at the hearings, including any dissenting
views, shall be included by the National Academy of Sciences in
the final report.
(6) Section 210 of Public Law <<NOTE: 16 USC 1851 note.>>
104-134 is hereby repealed.
(g) North Pacific Loan Program.--(1) By not later than October 1,
1997 the North Pacific Fishery Management Council shall recommend to the
Secretary of Commerce a program which uses the full amount of fees
authorized to be used under section 303(d)(4) of the Magnuson Fishery
Conservation and Management Act, as amended by this Act, in the halibut
and sablefish fisheries off Alaska to guarantee obligations in
accordance with such section.
(2)(A) For the purposes of this subsection, the phrase ``fishermen
who fish from small vessels'' in section 303(d)(4)(A)(i) of such Act
shall mean fishermen wishing to purchase individual fishing quotas for
use from Category B, Category C, or Category D vessels, as defined in
part 676.20(c) of title 50, Code of Federal Regulations (as revised as
of October 1, 1995), whose aggregate ownership of individual fishing
quotas will not exceed the equivalent of a total of 50,000 pounds of
halibut and sablefish harvested in the fishing year in which a guarantee
application is made if the guarantee is approved, who will participate
aboard the fishing vessel in the harvest of fish caught under such
quotas, who have at least 150 days of experience working as part of the
harvesting crew in any United States commercial fishery, and who do not
own in whole or in part any Category A or Category B vessel, as defined
in such part and title of the Code of Federal Regulations.
(B) For the purposes of this subsection, the phrase ``entry level
fishermen'' in section 303(d)(4)(A)(ii) of such Act shall mean fishermen
who do not own any individual fishing quotas, who wish to obtain the
equivalent of not more than a total of 8,000 pounds of halibut and
sablefish harvested in the fishing year in which a guarantee application
is made, and who will participate aboard the fishing vessel in the
harvest of fish caught under such quotas.
(h) <<NOTE: Reports. 16 USC 1855 note.>> Community Development
Quota Report.--Not later than October 1, 1998, the National Academy of
Sciences, in consultation with the Secretary, the North Pacific and
Western Pacific Councils, communities and organizations participating in
the program, participants in affected fisheries, and the affected
States, shall submit to the Secretary of Commerce and Congress a
comprehensive report on the performance and effectiveness of the
community development quota programs under the authority of the North
Pacific and Western Pacific Councils. The report shall--
(1) evaluate the extent to which such programs have met the
objective of providing communities with the means to develop
ongoing commercial fishing activities;
(2) evaluate the manner and extent to which such programs
have resulted in the communities and residents--
(A) receiving employment opportunities in commercial
fishing and processing; and
(B) obtaining the capital necessary to invest in
commercial fishing, fish processing, and commercial
fishing support projects (including infrastructure to
support commercial fishing);
(3) evaluate the social and economic conditions in the
participating communities and the extent to which alternative
private sector employment opportunities exist;
(4) evaluate the economic impacts on participants in the
affected fisheries, taking into account the condition of the
fishery resource, the market, and other relevant factors;
(5) recommend a proposed schedule for accomplishing the
developmental purposes of community development quotas; and
(6) address such other matters as the National Academy of
Sciences deems appropriate.
(i) <<NOTE: 16 USC 1853 note.>> Existing Quota Plans.--Nothing in
this Act or the amendments made by this Act shall be construed to
require a reallocation of individual fishing quotas under any individual
fishing quota program approved by the Secretary before January 4, 1995.
SEC. 109. ACTION BY THE SECRETARY.
(a) Secretarial Review of Plans and Regulations.--Section 304 (16
U.S.C. 1854) is amended by striking subsections (a) and (b) and
inserting the following:
``(a) Review of Plans.--
``(1) Upon transmittal by the Council to the Secretary of a
fishery management plan or plan amendment, the Secretary shall--
``(A) immediately commence a review of the plan or
amendment to determine whether it is consistent with the
national standards, the other provisions of this Act,
and any other applicable law; and
``(B) <<NOTE: Federal Register, publication.>>
immediately publish in the Federal Register a notice
stating that the plan or amendment is available and that
written information, views, or comments of interested
persons on the plan or amendment may be submitted to the
Secretary during the 60-day period beginning on the date
the notice is published.
``(2) In undertaking the review required under paragraph
(1), the Secretary shall--
``(A) take into account the information, views, and
comments received from interested persons;
``(B) consult with the Secretary of State with
respect to foreign fishing; and
``(C) consult with the Secretary of the department
in which the Coast Guard is operating with respect to
enforcement at sea and to fishery access adjustments
referred to in section 303(a)(6).
``(3) <<NOTE: Notice.>> The Secretary shall approve,
disapprove, or partially approve a plan or amendment within 30
days of the end of the comment period under paragraph (1) by
written notice to the Council. A notice of disapproval or
partial approval shall specify--
``(A) the applicable law with which the plan or
amendment is inconsistent;
``(B) the nature of such inconsistencies; and
``(C) recommendations concerning the actions that
could be taken by the Council to conform such plan or
amendment to the requirements of applicable law.
If the Secretary does not notify a Council within 30 days of the
end of the comment period of the approval, disapproval, or
partial approval of a plan or amendment, then such plan or
amendment shall take effect as if approved.
``(4) If the Secretary disapproves or partially approves a
plan or amendment, the Council may submit a revised plan or
amendment to the Secretary for review under this subsection.
``(5) For purposes of this subsection and subsection (b),
the term `immediately' means on or before the 5th day after the
day on which a Council transmits to the Secretary a fishery
management plan, plan amendment, or proposed regulation that the
Council characterizes as final.
``(b) Review of Regulations.--
``(1) Upon transmittal by the Council to the Secretary of
proposed regulations prepared under section 303(c), the
Secretary shall immediately initiate an evaluation of the
proposed regulations to determine whether they are consistent
with the fishery management plan, plan amendment, this Act and
other applicable law. Within 15 days of initiating such
evaluation the Secretary shall make a determination and--
``(A) <<NOTE: Federal Register, publication.>> if
that determination is affirmative, the Secretary shall
publish such regulations in the Federal Register, with
such technical changes as may be necessary for clarity
and an explanation of those changes, for a public
comment period of 15 to 60 days; or
``(B) <<NOTE: Notification.>> if that determination
is negative, the Secretary shall notify the Council in
writing of the inconsistencies and provide
recommendations on revisions that would make the
proposed regulations consistent with the fishery
management plan, plan amendment, this Act, and other
applicable law.
``(2) Upon receiving a notification under paragraph (1)(B),
the Council may revise the proposed regulations and submit them
to the Secretary for reevaluation under paragraph (1).
``(3) The Secretary shall promulgate final regulations
within 30 days after the end of the comment period under
paragraph (1)(A). <<NOTE: Federal Register, publication.>> The
Secretary shall consult with the Council before making any
revisions to the proposed regulations, and must publish in the
Federal Register an explanation of any differences between the
proposed and final regulations.''.
(b) Preparation by the Secretary.--Section 304(c) (16 U.S.C.
1854(c)) is amended--
(1) by striking the subsection heading and inserting
``Preparation and Review of Secretarial Plans'';
(2) by striking ``or'' at the end of paragraph (1)(A);
(3) by striking all that follows ``further revised plan'' in
paragraph (1) and inserting ``or amendment; or'';
(4) by inserting after subparagraph (1)(B), as amended, the
following new subparagraph:
``(C) the Secretary is given authority to prepare
such plan or amendment under this section.'';
(5) by striking paragraph (2) and inserting:
``(2) In preparing any plan or amendment under this
subsection, the Secretary shall--
``(A) conduct public hearings, at appropriate times
and locations in the geographical areas concerned, so as
to allow interested persons an opportunity to be heard
in the preparation and amendment of the plan and any
regulations implementing the plan; and
``(B) consult with the Secretary of State with
respect to foreign fishing and with the Secretary of the
department in which the Coast Guard is operating with
respect to enforcement at sea.'';
(6) by inserting ``for a fishery under the authority of a
Council'' after ``paragraph (1)'' in paragraph (3);
(7) by striking ``system described in section 303(b)(6)'' in
paragraph (3) and inserting ``system, including any individual
fishing quota program''; and
(8) by inserting after paragraph (3) the following new
paragraphs:
``(4) Whenever the Secretary prepares a fishery management
plan or plan amendment under this section, the Secretary shall
immediately--
``(A) for a plan or amendment for a fishery under
the authority of a Council, submit such plan or
amendment to the appropriate Council for consideration
and comment; and
``(B) <<NOTE: Federal Register, publication.>>
publish in the Federal Register a notice stating that
the plan or amendment is available and that written
information, views, or comments of interested persons on
the plan or amendment may be submitted to the Secretary
during the 60-day period beginning on the date the
notice is published.
``(5) Whenever a plan or amendment is submitted under
paragraph (4)(A), the appropriate Council must submit its
comments and recommendations, if any, regarding the plan or
amendment to the Secretary before the close of the 60-day period
referred to in paragraph (4)(B). After the close of such 60-day
period, the Secretary, after taking into account any such
comments and recommendations, as well as any views, information,
or comments submitted under paragraph (4)(B), may adopt such
plan or amendment.
``(6) The Secretary may propose regulations in the Federal
Register to implement any plan or amendment prepared by the
Secretary. In the case of a plan or amendment to which paragraph
(4)(A) applies, such regulations shall be submitted to the
Council with such plan or amendment. The comment period on
proposed regulations shall be 60 days, except that the Secretary
may shorten the comment period on minor revisions to existing
regulations.
``(7) <<NOTE: Regulations.>> The Secretary shall promulgate
final regulations within 30 days after the end of the comment
period under paragraph (6). <<NOTE: Federal Register,
publication.>> The Secretary must publish in the Federal
Register an explanation of any substantive differences between
the proposed and final rules. All final regulations must be
consistent with the fishery management plan, with the national
standards and other provisions of this Act, and with any other
applicable law.''.
(c) Individual Fishing Quota and Community Development Quota Fees.--
Section 304(d) (16 U.S.C. 1854(d)) is amended--
(1) by inserting ``(1)'' immediately before the first
sentence; and
(2) by inserting at the end the following:
``(2)(A) Notwithstanding paragraph (1), the Secretary is
authorized and shall collect a fee to recover the actual costs
directly related to the management and enforcement of any--
``(i) individual fishing quota program; and
``(ii) community development quota program that
allocates a percentage of the total allowable catch of a
fishery to such program.
``(B) Such fee shall not exceed 3 percent of the ex-vessel
value of fish harvested under any such program, and shall be
collected at either the time of the landing, filing of a landing
report, or sale of such fish during a fishing season or in the
last quarter of the calendar year in which the fish is
harvested.
``(C)(i) Fees collected under this paragraph shall be in
addition to any other fees charged under this Act and shall be
deposited in the Limited Access System Administration Fund
established under section 305(h)(5)(B), except that the portion
of any such fees reserved under section 303(d)(4)(A) shall be
deposited in the Treasury and available, subject to annual
appropriations, to cover the costs of new direct loan
obligations and new loan guarantee commitments as required by
section 504(b)(1) of the Federal Credit Reform Act (2 U.S.C.
661c(b)(1)).
``(ii) Upon application by a State, the Secretary shall
transfer to such State up to 33 percent of any fee collected
pursuant to subparagraph (A) under a community development quota
program and deposited in the Limited Access System
Administration Fund in order to reimburse such State for actual
costs directly incurred in the management and enforcement of
such program.''.
(d) <<NOTE: 16 USC 1854 note.>> Delay of Fees.--Notwithstanding any
other provision of law, the Secretary shall not begin the collection of
fees under section 304(d)(2) of the Magnuson Fishery Conservation and
Management Act, as amended by this Act, in the surf clam and ocean
(including mahogany) quahog fishery or in the wreckfish fishery until
after January 1, 2000.
(e) Overfishing.--Section 304(e) (16 U.S.C. 1854(e)) is
amended to read as follows:
``(e) Rebuilding Overfished Fisheries.--
``(1) <<NOTE: Reports.>> The Secretary shall report
annually to the Congress and the Councils on the status of
fisheries within each Council's geographical area of authority
and identify those fisheries that are overfished or are
approaching a condition of being overfished. For those fisheries
managed under a fishery management plan or international
agreement, the status shall be determined using the criteria for
overfishing specified in such plan or agreement. A fishery shall
be classified as approaching a condition of being overfished if,
based on trends in fishing effort, fishery resource size, and
other appropriate factors, the Secretary estimates that the
fishery will become overfished within two years.
``(2) <<NOTE: Notification.>> If the Secretary determines
at any time that a fishery is overfished, the Secretary shall
immediately notify the appropriate Council and request that
action be taken to end overfishing in the fishery and to
implement conservation and management measures to rebuild
affected stocks of fish. The <<NOTE: Federal Register,
publication.>> Secretary shall publish each notice under this
paragraph in the Federal Register.
``(3) Within one year of an identification under paragraph
(1) or notification under paragraphs (2) or (7), the appropriate
Council (or the Secretary, for fisheries under section
302(a)(3)) shall prepare a fishery management plan, plan
amendment, or proposed regulations for the fishery to which the
identification or notice applies--
``(A) to end overfishing in the fishery and to
rebuild affected stocks of fish; or
``(B) to prevent overfishing from occurring in the
fishery whenever such fishery is identified as
approaching an overfished condition.
``(4) For a fishery that is overfished, any fishery
management plan, amendment, or proposed regulations prepared
pursuant to paragraph (3) or paragraph (5) for such fishery
shall--
``(A) specify a time period for ending overfishing
and rebuilding the fishery that shall--
``(i) be as short as possible, taking into
account the status and biology of any overfished
stocks of fish, the needs of fishing communities,
recommendations by international organizations in
which the United States participates, and the
interaction of the overfished stock of fish within
the marine ecosystem; and
``(ii) not exceed 10 years, except in cases
where the biology of the stock of fish, other
environmental conditions, or management measures
under an international agreement in which the
United States participates dictate otherwise;
``(B) allocate both overfishing restrictions and
recovery benefits fairly and equitably among sectors of
the fishery; and
``(C) for fisheries managed under an international
agreement, reflect traditional participation in the
fishery, relative to other nations, by fishermen of the
United States.
``(5) If, within the one-year period beginning on the date
of identification or notification that a fishery is overfished,
the Council does not submit to the Secretary a fishery
management plan, plan amendment, or proposed regulations
required by paragraph (3)(A), the Secretary shall prepare a
fishery management plan or plan amendment and any accompanying
regulations to stop overfishing and rebuild affected stocks of
fish within 9 months under subsection (c).
``(6) During the development of a fishery management plan, a
plan amendment, or proposed regulations required by this
subsection, the Council may request the Secretary to implement
interim measures to reduce overfishing under section 305(c)
until such measures can be replaced by such plan, amendment, or
regulations. Such measures, if otherwise in compliance with the
provisions of this Act, may be implemented even though they are
not sufficient by themselves to stop overfishing of a fishery.
``(7) The Secretary shall review any fishery management
plan, plan amendment, or regulations required by this subsection
at routine intervals that may not exceed two years. If the
Secretary finds as a result of the review that such plan,
amendment, or regulations have not resulted in adequate progress
toward ending overfishing and rebuilding affected fish stocks,
the Secretary shall--
``(A) in the case of a fishery to which section
302(a)(3) applies, immediately make revisions necessary
to achieve adequate progress; or
``(B) <<NOTE: Notification.>> for all other
fisheries, immediately notify the appropriate Council.
Such notification shall recommend further conservation
and management measures which the Council should
consider under paragraph (3) to achieve adequate
progress.''.
(f) Fisheries under Authority of More Than One Council.--Section
304(f) is amended by striking paragraph (3).
(g) Atlantic Highly Migratory Species.--Section 304 (16 U.S.C. 1854)
is amended further by striking subsection (g) and inserting the
following:
``(g) Atlantic Highly Migratory Species.--(1) Preparation and
implementation of plan or plan amendment.--The Secretary shall prepare a
fishery management plan or plan amendment under subsection (c) with
respect to any highly migratory species fishery to which section
302(a)(3) applies. In preparing and implementing any such plan or
amendment, the Secretary shall--
``(A) consult with and consider the comments and views of
affected Councils, commissioners and advisory groups appointed
under Acts implementing relevant international fishery
agreements pertaining to highly migratory species, and the
advisory panel established under section 302(g);
``(B) establish an advisory panel under section 302(g) for
each fishery management plan to be prepared under this
paragraph;
``(C) evaluate the likely effects, if any, of conservation
and management measures on participants in the affected
fisheries and minimize, to the extent practicable, any
disadvantage to United States fishermen in relation to foreign
competitors;
``(D) with respect to a highly migratory species for which
the United States is authorized to harvest an allocation, quota,
or at a fishing mortality level under a relevant international
fishery agreement, provide fishing vessels of the United States
with a reasonable opportunity to harvest such allocation, quota,
or at such fishing mortality level;
``(E) review, on a continuing basis (and promptly whenever a
recommendation pertaining to fishing for highly migratory
species has been made under a relevant international fishery
agreement), and revise as appropriate, the conservation and
management measures included in the plan;
``(F) diligently pursue, through international entities
(such as the International Commission for the Conservation of
Atlantic Tunas), comparable international fishery management
measures with respect to fishing for highly migratory species;
and
``(G) ensure that conservation and management measures under
this subsection--
``(i) promote international conservation of the
affected fishery;
``(ii) take into consideration traditional fishing
patterns of fishing vessels of the United States and the
operating requirements of the fisheries;
``(iii) are fair and equitable in allocating fishing
privileges among United States fishermen and do not have
economic allocation as the sole purpose; and
``(iv) promote, to the extent practicable,
implementation of scientific research programs that
include the tagging and release of Atlantic highly
migratory species.
``(2) Certain fish excluded from `bycatch' definition.--
Notwithstanding section 3(2), fish harvested in a commercial fishery
managed by the Secretary under this subsection or the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971d) that are not regulatory discards
and that are tagged and released alive under a scientific tagging and
release program established by the Secretary shall not be considered
bycatch for purposes of this Act.''.
(h) <<NOTE: 16 USC 1854 note.>> Comprehensive Management System for
Atlantic Pelagic Longline Fishery.--(1) The Secretary of Commerce
shall--
(A) establish an advisory panel under section 302(g)(4) of
the Magnuson Fishery Conservation and Management Act, as amended
by this Act, for pelagic longline fishing vessels that
participate in fisheries for Atlantic highly migratory species;
(B) conduct surveys and workshops with affected fishery
participants to provide information and identify options for
future management programs;
(C) to the extent practicable and necessary for the
evaluation of options for a comprehensive management system,
recover vessel production records; and
(D) complete by January 1, 1998, a comprehensive study on
the feasibility of implementing a comprehensive management
system for pelagic longline fishing vessels that participate in
fisheries for Atlantic highly migratory species, including, but
not limited to, individual fishing quota programs and other
limited access systems.
(2) Based on the study under paragraph (1)(D) and consistent with
the requirements of the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), in cooperation with affected participants in
the fishery, the United States Commissioners on the International
Commission for the Conservation of Atlantic Tunas, and the advisory
panel established under paragraph (1)(A), the Secretary of Commerce may,
after October 1, 1998, implement a comprehensive management system
pursuant to section 304 of such Act (16 U.S.C. 1854) for pelagic
longline fishing vessels that participate in fisheries for Atlantic
highly migratory species. Such a system may not implement an individual
fishing quota program until after October 1, 2000.
(i) Repeal or Revocation of a Fishery Management Plan.--Section 304,
as amended, is further amended by adding at the end the following:
``(h) Repeal or Revocation of a Fishery Management Plan.--The
Secretary may repeal or revoke a fishery management plan for a fishery
under the authority of a Council only if the Council approves the repeal
or revocation by a three-quarters majority of the voting members of the
Council.''.
(j) <<NOTE: 16 USC 1854 note.>> American Lobster Fishery.--Section
304(h) of the Magnuson Fishery Conservation and Management Act, as
amended by this Act, shall not apply to the American Lobster Fishery
Management Plan.
SEC. 110. OTHER REQUIREMENTS AND AUTHORITY.
(a) Section 305 (18 U.S.C. 1855) is amended--
(1) by striking the title and subsection (a);
(2) by redesignating subsection (b) as subsection (f); and
(3) by inserting the following before subsection (c):
``SEC. 305. OTHER REQUIREMENTS AND AUTHORITY.
``(a) Gear Evaluation and Notification of Entry.--
``(1) <<NOTE: Federal Register, publication.>> Not later
than 18 months after the date of enactment of the Sustainable
Fisheries Act, the Secretary shall publish in the Federal
Register, after notice and an opportunity for public comment, a
list of all fisheries--
``(A) under the authority of each Council and all
fishing gear used in such fisheries, based on
information submitted by the Councils under section
303(a); and
``(B) to which section 302(a)(3) applies and all
fishing gear used in such fisheries.
``(2) <<NOTE: Guidelines.>> The Secretary shall include
with such list guidelines for determining when fishing gear or a
fishery is sufficiently different from those listed as to
require notification under paragraph (3).
``(3) <<NOTE: Effective date.>> Effective 180 days after
the publication of such list, no person or vessel may employ
fishing gear or engage in a fishery not included on such list
without giving 90 days advance written notice to the appropriate
Council, or the Secretary with respect to a fishery to which
section 302(a)(3) applies. A signed return receipt shall serve
as adequate evidence of such notice and as the date upon which
the 90-day period begins.
``(4) A Council may submit to the Secretary any proposed
changes to such list or such guidelines the Council deems
appropriate. <<NOTE: Publication.>> The Secretary shall publish
a revised list, after notice and an opportunity for public
comment, upon receiving any such proposed changes from a
Council.
``(5) A Council may request the Secretary to promulgate
emergency regulations under subsection (c) to prohibit any
persons or vessels from using an unlisted fishing gear or
engaging in an unlisted fishery if the appropriate Council, or
the Secretary for fisheries to which section 302(a)(3) applies,
determines that such unlisted gear or unlisted fishery would
compromise the effectiveness of conservation and management
efforts under this Act.
``(6) Nothing in this subsection shall be construed to
permit a person or vessel to engage in fishing or employ fishing
gear when such fishing or gear is prohibited or restricted by
regulation under a fishery management plan or plan amendment, or
under other applicable law.
``(b) <<NOTE: Regulations. Guidelines.>> Fish Habitat.--(1)(A) The
Secretary shall, within 6 months of the date of enactment of the
Sustainable Fisheries Act, establish by regulation guidelines to assist
the Councils in the description and identification of essential fish
habitat in fishery management plans (including adverse impacts on such
habitat) and in the consideration of actions to ensure the conservation
and enhancement of such habitat. The Secretary shall set forth a
schedule for the amendment of fishery management plans to include the
identification of essential fish habitat and for the review and updating
of such identifications based on new scientific evidence or other
relevant information.
``(B) The Secretary, in consultation with participants in the
fishery, shall provide each Council with recommendations and information
regarding each fishery under that Council's authority to assist it in
the identification of essential fish habitat, the adverse impacts on
that habitat, and the actions that should be considered to ensure the
conservation and enhancement of that habitat.
``(C) The Secretary shall review programs administered by the
Department of Commerce and ensure that any relevant programs further the
conservation and enhancement of essential fish habitat.
``(D) The Secretary shall coordinate with and provide information to
other Federal agencies to further the conservation and enhancement of
essential fish habitat.
``(2) Each Federal agency shall consult with the Secretary with
respect to any action authorized, funded, or undertaken, or proposed to
be authorized, funded, or undertaken, by such agency that may adversely
affect any essential fish habitat identified under this Act.
``(3) Each Council--
``(A) may comment on and make recommendations to the
Secretary and any Federal or State agency concerning any
activity authorized, funded, or undertaken, or proposed to be
authorized, funded, or undertaken, by any Federal or State
agency that, in the view of the Council, may affect the habitat,
including essential fish habitat, of a fishery resource under
its authority; and
``(B) shall comment on and make recommendations to the
Secretary and any Federal or State agency concerning any such
activity that, in the view of the Council, is likely to
substantially affect the habitat, including essential fish
habitat, of an anadromous fishery resource under its authority.
``(4)(A) If the Secretary receives information from a Council or
Federal or State agency or determines from other sources that an action
authorized, funded, or undertaken, or proposed to be authorized, funded,
or undertaken, by any State or Federal agency would adversely affect any
essential fish habitat identified under this Act, the Secretary shall
recommend to such agency measures that can be taken by such agency to
conserve such habitat.
``(B) Within 30 days after receiving a recommendation under
subparagraph (A), a Federal agency shall provide a detailed response in
writing to any Council commenting under paragraph (3) and the Secretary
regarding the matter. The response shall include a description of
measures proposed by the agency for avoiding, mitigating, or offsetting
the impact of the activity on such habitat. In the case of a response
that is inconsistent with the recommendations of the Secretary, the
Federal agency shall explain its reasons for not following the
recommendations.''.
(b) Section 305(c) (16 U.S.C. 1855(c)) is amended--
(1) in the heading by striking ``Actions'' and inserting
``Actions and Interim Measures'';
(2) in paragraphs (1) and (2)--
(A) by striking ``involving'' and inserting ``or
that interim measures are needed to reduce overfishing
for''; and
(B) by inserting ``or interim measures'' after
``emergency regulations''; and
(C) by inserting ``or overfishing'' after
``emergency''; and
(3) in paragraph (3)--
(A) by inserting ``or interim measure'' after
``emergency regulation'' each place such term appears;
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as
subparagraph (D); and
(D) by inserting after subparagraph (A) the
following:
``(B) shall, except as provided in subparagraph (C),
remain in effect for not more than 180 days after the
date of publication, and may be extended by publication
in the Federal Register for one additional period of not
more than 180 days, provided the public has had an
opportunity to comment on the emergency regulation or
interim measure, and, in the case of a Council
recommendation for emergency regulations or interim
measures, the Council is actively preparing a fishery
management plan, plan amendment, or proposed regulations
to address the emergency or overfishing on a permanent
basis;
``(C) that responds to a public health emergency or
an oil spill may remain in effect until the
circumstances that created the emergency no longer
exist, Provided, That the public has an opportunity to
comment after the regulation is published, and, in the
case of a public health emergency, the Secretary of
Health and Human Services concurs with the Secretary's
action; and''.
(c) <<NOTE: 16 USC 1855.>> Section 305(e) is amended--
(1) by striking ``12291, dated February 17, 1981,'' and
inserting ``12866, dated September 30, 1993,''; and
(2) by striking ``subsection (c) or section 304(a) and (b)''
and inserting ``subsections (a), (b), and (c) of section 304''.
(d) Section 305, as amended, is further amended by adding at the end
the following:
``(g) Negotiated Conservation and Management Measures.--
``(1)(A) In accordance with regulations promulgated by the
Secretary pursuant to this paragraph, a Council may establish a
fishery negotiation panel to assist in the development of
specific conservation and management measures for a fishery
under its authority. The Secretary may establish a fishery
negotiation panel to assist in the development of specific
conservation and management measures required for a fishery
under section 304(e)(5), for a fishery for which the Secretary
has authority under section 304(g), or for any other fishery
with the approval of the appropriate Council.
``(B) <<NOTE: Regulations.>> No later than 180 days after
the date of enactment of the Sustainable Fisheries Act, the
Secretary shall promulgate regulations establishing procedures,
developed in cooperation with the Administrative Conference of
the United States, for the establishment and operation of
fishery negotiation panels. Such procedures shall be comparable
to the procedures for negotiated rulemaking established by
subchapter III of chapter 5 of title 5, United States Code.
``(2) <<NOTE: Reports.>> If a negotiation panel submits a
report, such report shall specify all the areas where consensus
was reached by the panel, including, if appropriate, proposed
conservation and management measures, as well as any other
information submitted by members of the negotiation
panel. <<NOTE: Federal Register, publication.>> Upon receipt,
the Secretary shall publish such report in the Federal Register
for public comment.
``(3) Nothing in this subsection shall be construed to
require either a Council or the Secretary, whichever is
appropriate, to use all or any portion of a report from a
negotiation panel established under this subsection in the
development of specific conservation and management measures for
the fishery for which the panel was established.
``(h) Central Registry System for Limited Access System Permits.--
``(1) <<NOTE: Establishment.>> Within 6 months after the
date of enactment of the Sustainable Fisheries Act, the
Secretary shall establish an exclusive central registry system
(which may be administered on a regional basis) for limited
access system permits established under section 303(b)(6) or
other Federal law, including individual fishing quotas, which
shall provide for the registration of title to, and interests
in, such permits, as well as for procedures for changes in the
registration of title to such permits upon the occurrence of
involuntary transfers, judicial or nonjudicial foreclosure of
interests, enforcement of judgments thereon, and related matters
deemed appropriate by the Secretary. Such registry system
shall--
``(A) provide a mechanism for filing notice of a
nonjudicial foreclosure or enforcement of a judgment by
which the holder of a senior security interest acquires
or conveys ownership of a permit, and in the event of a
nonjudicial foreclosure, by which the interests of the
holders of junior security interests are released when
the permit is transferred;
``(B) <<NOTE: Public information.>> provide for
public access to the information filed under such
system, notwithstanding section 402(b); and
``(C) provide such notice and other requirements of
applicable law that the Secretary deems necessary for an
effective registry system.
``(2) <<NOTE: Regulations.>> The Secretary shall promulgate
such regulations as may be necessary to carry out this
subsection, after consulting with the Councils and providing an
opportunity for public comment. The Secretary is authorized to
contract with non-Federal entities to administer the central
registry system.
``(3) To be effective and perfected against any person
except the transferor, its heirs and devisees, and persons
having actual notice thereof, all security interests, and all
sales and other transfers of permits described in paragraph (1),
shall be registered in compliance with the regulations
promulgated under paragraph (2). Such registration shall
constitute the exclusive means of perfection of title to, and
security interests in, such permits, except for Federal tax
liens thereon, which shall be perfected exclusively in
accordance with the Internal Revenue Code of 1986 (26 U.S.C. 1
et seq.). <<NOTE: Notification.>> The Secretary shall notify
both the buyer and seller of a permit if a lien has been filed
by the Secretary of the Treasury against the permit before
collecting any transfer fee under paragraph (5) of this
subsection.
``(4) The priority of security interests shall be determined
in order of filing, the first filed having the highest priority.
A validly-filed security interest shall remain valid and
perfected notwithstanding a change in residence or place of
business of the owner of record. For the purposes of this
subsection, `security interest' shall include security
interests, assignments, liens and other encumbrances of whatever
kind.
``(5)(A) Notwithstanding section 304(d)(1), the Secretary
shall collect a reasonable fee of not more than one-half of one
percent of the value of a limited access system permit upon
registration of the title to such permit with the central
registry system and upon the transfer of such registered title.
Any such fee collected shall be deposited in the Limited Access
System Administration Fund established under subparagraph (B).
``(B) There is established in the Treasury a Limited Access
System Administration Fund. The Fund shall be available, without
appropriation or fiscal year limitation, only to the Secretary
for the purposes of--
``(i) administering the central registry system; and
``(ii) administering and implementing this Act in
the fishery in which the fees were collected. Sums in
the Fund that are not currently needed for these
purposes shall be kept on deposit or invested in
obligations of, or guaranteed by, the United States.''.
(e) <<NOTE: 16 USC 1855 note.>> Registry Transition.--Security
interests on permits described under section 305(h)(1) of the Magnuson
Fishery Conservation and Management Act, as amended by this Act, that
are effective and perfected by otherwise applicable law on the date of
the final regulations implementing section 305(h) shall remain effective
and perfected if, within 120 days after such date, the secured party
submits evidence satisfactory to the Secretary of Commerce and in
compliance with such regulations of the perfection of such security.
SEC. 111. PACIFIC COMMUNITY FISHERIES.
(a) Harold Sparck Memorial Community Development Quota Program.--
Section 305, as amended, is amended further by adding at the end:
``(i) Alaska and Western Pacific Community Development Programs.--
``(1)(A) <<NOTE: Establishment.>> The North Pacific Council
and the Secretary shall establish a western Alaska community
development quota program under which a percentage of the total
allowable catch of any Bering Sea fishery is allocated to the
program.
``(B) To be eligible to participate in the western Alaska
community development quota program under subparagraph (A) a
community shall--
``(i) be located within 50 nautical miles from the
baseline from which the breadth of the territorial sea
is measured along the Bering Sea coast from the Bering
Strait to the western most of the Aleutian Islands, or
on an island within the Bering Sea;
``(ii) not be located on the Gulf of Alaska coast of
the north Pacific Ocean;
``(iii) meet criteria developed by the Governor of
Alaska, approved by the Secretary, and published in the
Federal Register;
``(iv) be certified by the Secretary of the Interior
pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) to be a Native village;
``(v) consist of residents who conduct more than
one-half of their current commercial or subsistence
fishing effort in the waters of the Bering Sea or waters
surrounding the Aleutian Islands; and
``(vi) not have previously developed harvesting or
processing capability sufficient to support substantial
participation in the groundfish fisheries in the Bering
Sea, unless the community can show that the benefits
from an approved Community Development Plan would be the
only way for the community to realize a return from
previous investments.
``(C)(i) Prior to October 1, 2001, the North Pacific Council
may not submit to the Secretary any fishery management plan,
plan amendment, or regulation that allocates to the western
Alaska community development quota program a percentage of the
total allowable catch of any Bering Sea fishery for which, prior
to October 1, 1995, the Council had not approved a percentage of
the total allowable catch for allocation to such community
development quota program. The expiration of any plan,
amendment, or regulation that meets the requirements of clause
(ii) prior to October 1, 2001, shall not be construed to
prohibit the Council from submitting a revision or extension of
such plan, amendment, or regulation to the Secretary if such
revision or extension complies with the other requirements of
this paragraph.
``(ii) With respect to a fishery management plan, plan
amendment, or regulation for a Bering Sea fishery that--
``(I) allocates to the western Alaska community
development quota program a percentage of the total
allowable catch of such fishery; and
``(II) was approved by the North Pacific Council
prior to October 1, 1995;
the Secretary shall, except as provided in clause (iii) and
after approval of such plan, amendment, or regulation under
section 304, allocate to the program the percentage of the total
allowable catch described in such plan, amendment, or
regulation. Prior to October 1, 2001, the percentage submitted
by the Council and approved by the Secretary for any such plan,
amendment, or regulation shall be no greater than the percentage
approved by the Council for such fishery prior to October 1,
1995.
``(iii) The Secretary shall phase in the percentage for
community development quotas approved in 1995 by the North
Pacific Council for the Bering Sea crab fisheries as follows:
``(I) 3.5 percent of the total allowable catch of
each such fishery for 1998 shall be allocated to the
western Alaska community development quota program;
``(II) 5 percent of the total allowable catch of
each such fishery for 1999 shall be allocated to the
western Alaska community development quota program; and
``(III) 7.5 percent of the total allowable catch of
each such fishery for 2000 and thereafter shall be
allocated to the western Alaska community development
quota program, unless the North Pacific Council submits
and the Secretary approves a percentage that is no
greater than 7.5 percent of the total allowable catch of
each such fishery for 2001 or the North Pacific Council
submits and the Secretary approves any other percentage
on or after October 1, 2001.
``(D) This paragraph shall not be construed to require the
North Pacific Council to resubmit, or the Secretary to
reapprove, any fishery management plan or plan amendment
approved by the North Pacific Council prior to October 1, 1995,
that includes a community development quota program, or any
regulations to implement such plan or amendment.
``(2)(A) The Western Pacific Council and the Secretary may
establish a western Pacific community development program for
any fishery under the authority of such Council in order to
provide access to such fishery for western Pacific communities
that participate in the program.
``(B) To be eligible to participate in the western Pacific
community development program, a community shall--
``(i) be located within the Western Pacific Regional
Fishery Management Area;
``(ii) meet criteria developed by the Western
Pacific Council, approved by the Secretary and published
in the Federal Register;
``(iii) consist of community residents who are
descended from the aboriginal people indigenous to the
area who conducted commercial or subsistence fishing
using traditional fishing practices in the waters of the
Western Pacific region;
``(iv) not have previously developed harvesting or
processing capability sufficient to support substantial
participation in fisheries in the Western Pacific
Regional Fishery Management Area; and
``(v) develop and submit a Community Development
Plan to the Western Pacific Council and the Secretary.
``(C) In developing the criteria for eligible communities
under subparagraph (B)(ii), the Western Pacific Council shall
base such criteria on traditional fishing practices in or
dependence on the fishery, the cultural and social framework
relevant to the fishery, and economic barriers to access to the
fishery.
``(D) For the purposes of this subsection `Western Pacific
Regional Fishery Management Area' means the area under the
jurisdiction of the Western Pacific Council, or an island within
such area.
``(E) Notwithstanding any other provision of this Act, the
Western Pacific Council shall take into account traditional
indigenous fishing practices in preparing any fishery management
plan.
``(3) The Secretary shall deduct from any fees collected
from a community development quota program under section
304(d)(2) the costs incurred by participants in the program for
observer and reporting requirements which are in addition to
observer and reporting requirements of other participants in the
fishery in which the allocation to such program has been made.
``(4) After the date of enactment of the Sustainable
Fisheries Act, the North Pacific Council and Western Pacific
Council may not submit to the Secretary a community development
quota program that is not in compliance with this subsection.''.
(b) <<NOTE: 16 USC 1855 note.>> Western Pacific Demonstration
Projects.--(1) The Secretary of Commerce and the Secretary of the
Interior are authorized to make direct grants to eligible western
Pacific communities, as recommended by the Western Pacific Fishery
Management Council, for the purpose of establishing not less than three
and not more than five fishery demonstration projects to foster and
promote traditional indigenous fishing practices. The total amount of
grants awarded under this subsection shall not exceed $500,000 in each
fiscal year.
(2) Demonstration projects funded pursuant to this subsection shall
foster and promote the involvement of western Pacific communities in
western Pacific fisheries and may--
(A) identify and apply traditional indigenous fishing
practices;
(B) develop or enhance western Pacific community-based
fishing opportunities; and
(C) involve research, community education, or the
acquisition of materials and equipment necessary to carry out
any such demonstration project.
(3)(A) The Western Pacific Fishery Management Council, in
consultation with the Secretary of Commerce, shall establish an advisory
panel under section 302(g) of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1852(g)) to evaluate, determine the relative
merits of, and annually rank applications for such grants. The panel
shall consist of not more than 8 individuals who are knowledgeable or
experienced in traditional indigenous fishery practices of western
Pacific communities and who are not members or employees of the Western
Pacific Fishery Management Council.
(B) If the Secretary of Commerce or the Secretary of the Interior
awards a grant for a demonstration project not in accordance with the
rank given to such project by the advisory panel, the Secretary shall
provide a detailed written explanation of the reasons therefor.
(4) <<NOTE: Reports.>> The Western Pacific Fishery Management
Council shall, with the assistance of such advisory panel, submit an
annual report to the Congress assessing the status and progress of
demonstration projects carried out under this subsection.
(5) Appropriate Federal agencies may provide technical assistance to
western Pacific community-based entities to assist in carrying out
demonstration projects under this subsection.
(6) For the purposes of this subsection, `western Pacific community'
shall mean a community eligible to participate under section
305(i)(2)(B) of the Magnuson Fishery Conservation and Management Act, as
amended by this Act.
SEC. 112. STATE JURISDICTION.
(a) Paragraph (3) of section 306(a) (16 U.S.C. 1856(a)) is amended
to read as follows:
``(3) A State may regulate a fishing vessel outside the
boundaries of the State in the following circumstances:
``(A) The fishing vessel is registered under the law
of that State, and (i) there is no fishery management
plan or other applicable Federal fishing regulations for
the fishery in which the vessel is operating; or (ii)
the State's laws and regulations are consistent with the
fishery management plan and applicable Federal fishing
regulations for the fishery in which the vessel is
operating.
``(B) The fishery management plan for the fishery in
which the fishing vessel is operating delegates
management of the fishery to a State and the State's
laws and regulations are consistent with such fishery
management plan. If <<NOTE: Notification.>> at any time
the Secretary determines that a State law or regulation
applicable to a fishing vessel under this circumstance
is not consistent with the fishery management plan, the
Secretary shall promptly notify the State and the
appropriate Council of such determination and provide an
opportunity for the State to correct any inconsistencies
identified in the notification. If, after notice and
opportunity for corrective action, the State does not
correct the inconsistencies identified by the Secretary,
the authority granted to the State under this
subparagraph shall not apply until the Secretary and the
appropriate Council find that the State has corrected
the inconsistencies. For a fishery for which there was a
fishery management plan in place on August 1, 1996 that
did not delegate management of the fishery to a State as
of that date, the authority provided by this
subparagraph applies only if the Council approves the
delegation of management of the fishery to the State by
a three-quarters majority vote of the voting members of
the Council.
``(C) The fishing vessel is not registered under the
law of the State of Alaska and is operating in a fishery
in the exclusive economic zone off Alaska for which
there was no fishery management plan in place on August
1, 1996, and the Secretary and the North Pacific Council
find that there is a legitimate interest of the State of
Alaska in the conservation and management of such
fishery. <<NOTE: Termination date.>> The authority
provided under this subparagraph shall terminate when a
fishery management plan under this Act is approved and
implemented for such fishery.''.
(b) Section 306(b) (16 U.S.C. 1856(b)) is amended by adding at the
end the following:
``(3) If the State involved requests that a hearing be held
pursuant to paragraph (1), the Secretary shall conduct such
hearing prior to taking any action under paragraph (1).''.
(c) Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amended--
(1) by striking ``(4)(C); and'' in subparagraph (A) and
inserting ``(4)(C) or has received a permit under section
204(d);'';
(2) by striking the period at the end of subparagraph (B)
and inserting a semicolon and the word ``and''; and
(3) by inserting after subparagraph (B) the following:
``(C) <<NOTE: Reports. Regulations.>> the owner or
operator of the vessel submits reports on the tonnage of
fish received from vessels of the United States and the
locations from which such fish were harvested, in
accordance with such procedures as the Secretary by
regulation shall prescribe.''.
(d) <<NOTE: 16 USC 1856 note.>> Interim Authority for Dungeness
Crab.--(1) Subject to the provisions of this subsection and
notwithstanding section 306(a) of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1856(a)), the States of Washington, Oregon,
and California may each enforce State laws and regulations governing
fish harvesting and processing against any vessel operating in the
exclusive economic zone off each respective State in a fishery for
Dungeness crab (Cancer magister) for which there is no fishery
management plan implemented under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(2) <<NOTE: Applicability.>> Any law or regulation
promulgated under this subsection shall apply equally to vessels
operating in the exclusive economic zone and adjacent State
waters and shall be limited to--
(A) establishment of season opening and closing
dates, including presoak dates for crab pots;
(B) setting of minimum sizes and crab meat recovery
rates;
(C) restrictions on the retention of crab of a
certain sex; and
(D) closure of areas or pot limitations to meet the
harvest requirements arising under the jurisdiction of
United States v. Washington, subproceeding 89-3.
(3) With respect to the States of Washington, Oregon, and
California--
(A) any State law limiting entry to a fishery
subject to regulation under this subsection may not be
enforced against a vessel that is operating in the
exclusive economic zone off that State and is not
registered under the law of that State, if the vessel is
otherwise legally fishing in the exclusive economic
zone, except that State laws regulating landings may be
enforced; and
(B) no vessel may harvest or process fish which is
subject to regulation under this subsection unless under
an appropriate State permit or pursuant to a Federal
court order.
(4) <<NOTE: Termination date.>> The authority provided
under this subsection to regulate the Dungeness crab fishery
shall terminate on October 1, 1999, or when a fishery management
plan is implemented under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) for such fishery,
whichever date is earlier.
(5) Nothing in this subsection shall reduce the authority of
any State, as such authority existed on July 1, 1996, to
regulate fishing, fish processing, or landing of fish.
(6)(A) It is the sense of Congress that the Pacific Fishery
Management Council, at the earliest practicable date, should
develop and submit to the Secretary fishery management plans for
shellfish fisheries conducted in the geographic area of
authority of the Council, especially Dungeness crab, which are
not subject to a fishery management plan on the date of
enactment of this Act.
(B) <<NOTE: Reports.>> Not later than December 1, 1997, the
Pacific Fishery Management Council shall provide a report to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Resources of the House of Representatives
describing the progress in developing the fishery management
plans referred to in subparagraph (A) and any impediments to
such progress.
SEC. 113. PROHIBITED ACTS.
(a) Section 307(1)(J)(i) (16 U.S.C. 1857(1)(J)(i)) is amended--
(1) by striking ``plan,'' and inserting ``plan''; and
(2) by inserting before the semicolon the following: ``, or
in the absence of any such plan, is smaller than the minimum
possession size in effect at the time under a coastal fishery
management plan for American lobster adopted by the Atlantic
States Marine Fisheries Commission under the Atlantic Coastal
Fisheries Cooperative Management Act (16 U.S.C. 5101 et seq.)''.
(b) Section 307(1)(K) (16 U.S.C. 1857(1)(K)) is amended--
(1) by striking ``knowingly steal or without authorization,
to'' and inserting ``to steal or attempt to steal or to
negligently and without authorization''; and
(2) by striking ``gear, or attempt to do so;'' and insert
``gear;''.
(c) Section 307(1)(L) (16 U.S.C. 1857(1)(L)) is amended to read as
follows:
``(L) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with
any observer on a vessel under this Act, or any data
collector employed by the National Marine Fisheries
Service or under contract to any person to carry out
responsibilities under this Act;''.
(d) Section 307(1) (16 U.S.C. 1857(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (M);
(2) by striking ``pollock.'' in subparagraph (N) and
inserting ``pollock; or''; and
(3) by adding at the end the following:
``(O) to knowingly and willfully fail to disclose,
or to falsely disclose, any financial interest as
required under section 302(j), or to knowingly vote on a
Council decision in violation of section
302(j)(7)(A).''.
(e) Section 307(2)(A) (16 U.S.C. 1857(2)(A)) is amended to read as
follows:
``(A) in fishing within the boundaries of any State,
except--
``(i) recreational fishing permitted under
section 201(i);
``(ii) fish processing permitted under section
306(c); or
``(iii) transshipment at sea of fish or fish
products within the boundaries of any State in
accordance with a permit approved under section
204(d);''.
(f) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended--
(1) by striking ``(j)'' and inserting ``(i)''; and
(2) by striking ``204(b) or (c)'' and inserting ``204(b),
(c), or (d)''.
(g) Section 307(3) (16 U.S.C. 1857(3)) is amended to read as
follows:
``(3) for any vessel of the United States, and for the owner
or operator of any vessel of the United States, to transfer at
sea directly or indirectly, or attempt to so transfer at sea,
any United States harvested fish to any foreign fishing vessel,
while such foreign vessel is within the exclusive economic zone
or within the boundaries of any State except to the extent that
the foreign fishing vessel has been permitted under section
204(d) or section 306(c) to receive such fish;''.
(h) Section 307(4) (16 U.S.C. 1857(4)) is amended by inserting ``or
within the boundaries of any State'' after ``zone''.
SEC. 114. CIVIL PENALTIES AND PERMIT SANCTIONS; REBUTTABLE
PRESUMPTIONS.
(a) Section 308(a) (16 U.S.C. 1858(a)) is amended by striking
``ability to pay,'' and adding at the end the following new sentence:
``In assessing such penalty the Secretary may also consider any
information provided by the violator relating to the ability of the
violator to pay, Provided, That the information is served on the
Secretary at least 30 days prior to an administrative hearing.''.
(b) The first sentence of section 308(b) (16 U.S.C. 1858(b)) is
amended to read as follows: ``Any person against whom a civil penalty is
assessed under subsection (a) or against whom a permit sanction is
imposed under subsection (g) (other than a permit suspension for
nonpayment of penalty or fine) may obtain review thereof in the United
States district court for the appropriate district by filing a complaint
against the Secretary in such court within 30 days from the date of such
order.''.
(c) Section 308(g)(1)(C) (16 U.S.C. 1858(g)(1)(C)) is amended by
striking the matter from ``or (C) any'' through ``overdue,'' and
inserting the following: ``(C) any amount in settlement of a civil
forfeiture imposed on a vessel or other property, or any civil penalty
or criminal fine imposed on a vessel or owner or operator of a vessel or
any other person who has been issued or has applied for a permit under
any marine resource law enforced by the Secretary has not been paid and
is overdue, or (D) any payment required for observer services provided
to or contracted by an owner or operator who has been issued a permit or
applied for a permit under any marine resource law administered by the
Secretary has not been paid and is overdue,''.
(d) Section 310(e) (16 U.S.C. 1860(e)) is amended by adding at the
end the following new paragraph:
``(3) For purposes of this Act, it shall be a rebuttable
presumption that any vessel that is shoreward of the outer
boundary of the exclusive economic zone of the United States or
beyond the exclusive economic zone of any nation, and that has
gear on board that is capable of use for large-scale driftnet
fishing, is engaged in such fishing.''.
SEC. 115. ENFORCEMENT.
(a) The second sentence of section 311(d) (16 U.S.C. 1861(d)) is
amended--
(1) by striking ``Guam, any Commonwealth, territory, or''
and inserting ``Guam or any''; and
(2) by inserting a comma before the period and the
following: ``and except that in the case of the Northern Mariana
Islands, the appropriate court is the United States District
Court for the District of the Northern Mariana Islands''.
(b) Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amended--
(1) by striking ``fishery'' each place it appears and
inserting ``marine'';
(2) by inserting ``of not less than 20 percent of the
penalty collected or $20,000, whichever is the lesser amount,''
after ``reward'' in subparagraph (B), and
(3) by striking subparagraph (E) and inserting the
following:
``(E) claims of parties in interest to property
disposed of under section 612(b) of the Tariff Act of
1930 (19 U.S.C. 1612(b)), as made applicable by section
310(c) of this Act or by any other marine resource law
enforced by the Secretary, to seizures made by the
Secretary, in amounts determined by the Secretary to be
applicable to such claims at the time of seizure; and''.
(c) Section 311(e)(2) (16 U.S.C. 1861(e)(2)) is amended to read as
follows:
``(2) Any person found in an administrative or judicial
proceeding to have violated this Act or any other marine
resource law enforced by the Secretary shall be liable for the
cost incurred in the sale, storage, care, and maintenance of any
fish or other property lawfully seized in connection with the
violation.''.
(d) Section 311 (16 U.S.C. 1861) is amended by redesignating
subsection (g) as subsection (h), and by inserting the following after
subsection (f):
``(g) Enforcement in the Pacific Insular Areas.--The Secretary, in
consultation with the Governors of the Pacific Insular Areas and the
Western Pacific Council, shall to the extent practicable support
cooperative enforcement agreements between Federal and Pacific Insular
Area authorities.''.
(e) Section 311 (16 U.S.C. 1861), as amended by subsection (d), is
amended by striking ``201(b), (c),'' in subsection (i)(1), as
redesignated, and inserting ``201(b) or (c), or section 204(d),''.
SEC. 116. TRANSITION TO SUSTAINABLE FISHERIES.
(a) Section 312 <<NOTE: 16 USC 1861a.>> is amended to read as
follows:
``SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES.
``(a) Fisheries Disaster Relief.--(1) At the discretion of the
Secretary or at the request of the Governor of an affected State or a
fishing community, the Secretary shall determine whether there is a
commercial fishery failure due to a fishery resource disaster as a
result of--
``(A) natural causes;
``(B) man-made causes beyond the control of fishery managers
to mitigate through conservation and management measures; or
``(C) undetermined causes.
``(2) Upon the determination under paragraph (1) that there is a
commercial fishery failure, the Secretary is authorized to make sums
available to be used by the affected State, fishing community, or by the
Secretary in cooperation with the affected State or fishing community
for assessing the economic and social effects of the commercial fishery
failure, or any activity that the Secretary determines is appropriate to
restore the fishery or prevent a similar failure in the future and to
assist a fishing community affected by such failure. Before making funds
available for an activity authorized under this section, the Secretary
shall make a determination that such activity will not expand the size
or scope of the commercial fishery failure in that fishery or into other
fisheries or other geographic regions.
``(3) The Federal share of the cost of any activity carried out
under the authority of this subsection shall not exceed 75 percent of
the cost of that activity.
``(4) <<NOTE: Appropriation authorization.>> There are authorized
to be appropriated to the Secretary such sums as are necessary for each
of the fiscal years 1996, 1997, 1998, and 1999.
``(b) Fishing Capacity Reduction Program.--(1) The Secretary, at the
request of the appropriate Council for fisheries under the authority of
such Council, or the Governor of a State for fisheries under State
authority, may conduct a fishing capacity reduction program (referred to
in this section as the `program') in a fishery if the Secretary
determines that the program--
``(A) is necessary to prevent or end overfishing, rebuild
stocks of fish, or achieve measurable and significant
improvements in the conservation and management of the fishery;
``(B) is consistent with the Federal or State fishery
management plan or program in effect for such fishery, as
appropriate, and that the fishery management plan--
``(i) will prevent the replacement of fishing
capacity removed by the program through a moratorium on
new entrants, restrictions on vessel upgrades, and other
effort control measures, taking into account the full
potential fishing capacity of the fleet; and
``(ii) establishes a specified or target total
allowable catch or other measures that trigger closure
of the fishery or adjustments to reduce catch; and
``(C) is cost-effective and capable of repaying any debt
obligation incurred under section 1111 of title XI of the
Merchant Marine Act, 1936.
``(2) The objective of the program shall be to obtain the maximum
sustained reduction in fishing capacity at the least cost and in a
minimum period of time. To achieve that objective, the Secretary is
authorized to pay--
``(A) the owner of a fishing vessel, if such vessel is (i)
scrapped, or (ii) through the Secretary of the department in
which the Coast Guard is operating, subjected to title
restrictions that permanently prohibit and effectively prevent
its use in fishing, and if the permit authorizing the
participation of the vessel in the fishery is surrendered for
permanent revocation and the owner relinquishes any claim
associated with the vessel and permit that could qualify such
owner for any present or future limited access system permit in
the fishery for which the program is established; or
``(B) the holder of a permit authorizing participation in
the fishery, if such permit is surrendered for permanent
revocation, and such holder relinquishes any claim associated
with the permit and vessel used to harvest fishery resources
under the permit that could qualify such holder for any present
or future limited access system permit in the fishery for which
the program was established.
``(3) Participation in the program shall be voluntary, but the
Secretary shall ensure compliance by all who do participate.
``(4) The Secretary shall consult, as appropriate, with Councils,
Federal agencies, State and regional authorities, affected fishing
communities, participants in the fishery, conservation organizations,
and other interested parties throughout the development and
implementation of any program under this section.
``(c) Program Funding.--(1) The program may be funded by any
combination of amounts--
``(A) available under clause (iv) of section 2(b)(1)(A) of
the Act of August 11, 1939 (15 U.S.C. 713c-3(b)(1)(A); the
Saltonstall-Kennedy Act);
``(B) appropriated for the purposes of this section;
``(C) provided by an industry fee system established under
subsection (d) and in accordance with section 1111 of title XI
of the Merchant Marine Act, 1936; or
``(D) provided from any State or other public sources or
private or non-profit organizations.
``(2) All funds for the program, including any fees established
under subsection (d), shall be paid into the fishing capacity reduction
fund established under section 1111 of title XI of the Merchant Marine
Act, 1936.
``(d) Industry Fee System.--(1)(A) If an industry fee system is
necessary to fund the program, the Secretary, at the request of the
appropriate Council, may conduct a referendum on such system. Prior to
the referendum, the Secretary, in consultation with the Council, shall--
``(i) <<NOTE: Notification.>> identify, to the extent
practicable, and notify all permit or vessel owners who would be
affected by the program; and
``(ii) make available to such owners information about the
industry fee system describing the schedule, procedures, and
eligibility requirements for the referendum, the proposed
program, and the amount and duration and any other terms and
conditions of the proposed fee system.
``(B) The industry fee system shall be considered approved if the
referendum votes which are cast in favor of the proposed system
constitute a two-thirds majority of the participants voting.
``(2) Notwithstanding section 304(d) and consistent with an approved
industry fee system, the Secretary is authorized to establish such a
system to fund the program and repay debt obligations incurred pursuant
to section 1111 of title XI of the Merchant Marine Act, 1936. The fees
for a program established under this section shall--
``(A) be determined by the Secretary and adjusted from time
to time as the Secretary considers necessary to ensure the
availability of sufficient funds to repay such debt obligations;
``(B) not exceed 5 percent of the ex-vessel value of all
fish harvested from the fishery for which the program is
established;
``(C) be deducted by the first ex-vessel fish purchaser from
the proceeds otherwise payable to the seller and accounted for
and forwarded by such fish purchasers to the Secretary in such
manner as the Secretary may establish; and
``(D) be in effect only until such time as the debt
obligation has been fully paid.
``(e) Implementation Plan.--(1) <<NOTE: Federal Register,
publication.>> The Secretary, in consultation with the appropriate
Council or State and other interested parties, shall prepare and publish
in the Federal Register for a 60-day public comment period an
implementation plan, including proposed regulations, for each program.
The implementation plan shall--
``(A) define criteria for determining types and numbers of
vessels which are eligible for participation in the program
taking into account characteristics of the fishery, the
requirements of applicable fishery management plans, the needs
of fishing communities, and the need to minimize program costs;
and
``(B) establish procedures for program participation (such
as submission of owner bid under an auction system or fair
market-value assessment) including any terms and conditions for
participation which the Secretary deems to be reasonably
necessary to meet the goals of the program.
``(2) During the 60-day public comment period--
``(A) <<NOTE: Public information.>> the Secretary shall
conduct a public hearing in each State affected by the program;
and
``(B) the appropriate Council or State shall submit its
comments and recommendations, if any, regarding the plan and
regulations.
``(3) <<NOTE: Federal Register, publication.>> Within 45 days after
the close of the public comment period, the Secretary, in consultation
with the appropriate Council or State, shall analyze the public comment
received and publish in the Federal Register a final implementation plan
for the program and regulations for its implementation. The Secretary
may not adopt a final implementation plan involving industry fees or
debt obligation unless an industry fee system has been approved by a
referendum under this section.''.
(b) <<NOTE: Establishment. Reports. 16 USC 1861a note.>> Study of
Federal Investment.--The Secretary of Commerce shall establish a task
force comprised of interested parties to study and report to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Resources of the House of Representatives within 2 years of
the date of enactment of this Act on the role of the Federal Government
in--
(1) subsidizing the expansion and contraction of fishing
capacity in fishing fleets managed under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.); and
(2) otherwise influencing the aggregate capital investments
in fisheries.
(c) <<NOTE: 15 USC 713c-3.>> Section 2(b)(1)(A) of the Act of
August 11, 1939 (15 U.S.C. 713c3(b)(1)(A)) is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting a semicolon and the word ``and''; and
(3) by adding at the end the following new clause:
``(iv) to fund the Federal share of a fishing
capacity reduction program established under
section 312 of the Magnuson Fishery Conservation
and Management Act; and''.
SEC. 117. NORTH PACIFIC AND NORTHWEST ATLANTIC OCEAN FISHERIES.
(a) North Pacific Fisheries Conservation.--Section 313 (16 U.S.C.
1862) is amended--
(1) by striking ``RESEARCH PLAN'' in the section heading and
inserting ``CONSERVATION'';
(2) in subsection (a) by striking ``North Pacific Fishery
Management Council'' and inserting ``North Pacific Council'';
and
(3) by adding at the end the following:
``(f) Bycatch Reduction.--In implementing section 303(a)(11) and
this section, the North Pacific Council shall submit conservation and
management measures to lower, on an annual basis for a period of not
less than four years, the total amount of economic discards occurring in
the fisheries under its jurisdiction.
``(g) Bycatch Reduction Incentives.--(1) Notwithstanding section
304(d), the North Pacific Council may submit, and the Secretary may
approve, consistent with the provisions of this Act, a system of fines
in a fishery to provide incentives to reduce bycatch and bycatch rates;
except that such fines shall not exceed $25,000 per vessel per season.
Any fines collected shall be deposited in the North Pacific Fishery
Observer Fund, and may be made available by the Secretary to offset
costs related to the reduction of bycatch in the fishery from which such
fines were derived, including conservation and management measures and
research, and to the State of Alaska to offset costs incurred by the
State in the fishery from which such penalties were derived or in
fisheries in which the State is directly involved in management or
enforcement and which are directly affected by the fishery from which
such penalties were derived.
``(2)(A) Notwithstanding section 303(d), and in addition to the
authority provided in section 303(b)(10), the North Pacific Council may
submit, and the Secretary may approve, conservation and management
measures which provide allocations of regulatory discards to individual
fishing vessels as an incentive to reduce per vessel bycatch and bycatch
rates in a fishery, Provided, That--
``(i) such allocations may not be transferred for monetary
consideration and are made only on an annual basis; and
``(ii) any such conservation and management measures will
meet the requirements of subsection (h) and will result in an
actual reduction in regulatory discards in the fishery.
``(B) The North Pacific Council may submit restrictions in addition
to the restriction imposed by clause (i) of subparagraph (A) on the
transferability of any such allocations, and the Secretary may approve
such recommendation.
``(h) Catch Measurement.--(1) By June 1, 1997 the North Pacific
Council shall submit, and the Secretary may approve, consistent with the
other provisions of this Act, conservation and management measures to
ensure total catch measurement in each fishery under the jurisdiction of
such Council. Such measures shall ensure the accurate enumeration, at a
minimum, of target species, economic discards, and regulatory discards.
``(2) To the extent the measures submitted under paragraph (1) do
not require United States fish processors and fish processing vessels
(as defined in chapter 21 of title 46, United States Code) to weigh
fish, the North Pacific Council and the Secretary shall submit a plan to
the Congress by January 1, 1998, to allow for weighing, including
recommendations to assist such processors and processing vessels in
acquiring necessary equipment, unless the Council determines that such
weighing is not necessary to meet the requirements of this subsection.
``(i) Full Retention and Utilization.--(1) <<NOTE: Reports.>> The
North Pacific Council shall submit to the Secretary by October 1, 1998 a
report on the advisability of requiring the full retention by fishing
vessels and full utilization by United States fish processors of
economic discards in fisheries under its jurisdiction if such economic
discards, or the mortality of such economic discards, cannot be avoided.
The report shall address the projected impacts of such requirements on
participants in the fishery and describe any full retention and full
utilization requirements that have been implemented.
``(2) The report shall address the advisability of measures to
minimize processing waste, including standards setting minimum
percentages which must be processed for human consumption. For the
purpose of the report, `processing waste' means that portion of any fish
which is processed and which could be used for human consumption or
other commercial use, but which is not so used.''.
(b) Northwest Atlantic Ocean Fisheries.--Section 314 (16 U.S.C.
1863) is amended by striking ``1997'' in subsection (a)(4) and inserting
``1999''.
TITLE II--FISHERY MONITORING AND RESEARCH
SEC. 201. CHANGE OF TITLE.
The heading of title IV (16 U.S.C. 1881 et seq.) is amended to read
as follows:
``TITLE IV--FISHERY MONITORING AND RESEARCH''.
SEC. 202. REGISTRATION AND INFORMATION MANAGEMENT.
Title IV (16 U.S.C. 1881 et seq.) is amended by inserting after the
title heading the following:
``SEC. 401. <<NOTE: 16 USC 1881.>> REGISTRATION AND INFORMATION
MANAGEMENT.
``(a) Standardized Fishing Vessel Registration and Information
Management System.--The Secretary shall, in cooperation with the
Secretary of the department in which the Coast Guard is operating, the
States, the Councils, and Marine Fisheries Commissions, develop
recommendations for implementation of a standardized fishing vessel
registration and information management system on a regional basis. The
recommendations shall be developed after consultation with interested
governmental and nongovernmental parties and shall--
``(1) be designed to standardize the requirements of vessel
registration and information collection systems required by this
Act, the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.),
and any other marine resource law implemented by the Secretary,
and, with the permission of a State, any marine resource law
implemented by such State;
``(2) integrate information collection programs under
existing fishery management plans into a non-duplicative
information collection and management system;
``(3) avoid duplication of existing State, tribal, or
Federal systems and shall utilize, to the maximum extent
practicable, information collected from existing systems;
``(4) provide for implementation of the system through
cooperative agreements with appropriate State, regional, or
tribal entities and Marine Fisheries Commissions;
``(5) provide for funding (subject to appropriations) to
assist appropriate State, regional, or tribal entities and
Marine Fisheries Commissions in implementation;
``(6) establish standardized units of measurement,
nomenclature, and formats for the collection and submission of
information;
``(7) minimize the paperwork required for vessels registered
under the system;
``(8) include all species of fish within the geographic
areas of authority of the Councils and all fishing vessels
including charter fishing vessels, but excluding recreational
fishing vessels;
``(9) require United States fish processors, and fish
dealers and other first ex-vessel purchasers of fish that are
subject to the proposed system, to submit information (other
than economic information) which may be necessary to meet the
goals of the proposed system; and
``(10) include procedures necessary to ensure--
``(A) the confidentiality of information collected
under this section in accordance with section 402(b);
and
``(B) the timely release or availability to the
public of information collected under this section
consistent with section 402(b).
``(b) Fishing Vessel Registration.--The proposed registration system
should, at a minimum, obtain the following information for each fishing
vessel--
``(1) the name and official number or other identification,
together with the name and address of the owner or operator or
both;
``(2) gross tonnage, vessel capacity, type and quantity of
fishing gear, mode of operation (catcher, catcher processor, or
other), and such other pertinent information with respect to
vessel characteristics as the Secretary may require; and
``(3) identification (by species, gear type, geographic area
of operations, and season) of the fisheries in which the fishing
vessel participates.
``(c) Fishery Information.--The proposed information management
system should, at a minimum, provide basic fisheries performance
information for each fishery, including--
``(1) the number of vessels participating in the fishery
including charter fishing vessels;
``(2) the time period in which the fishery occurs;
``(3) the approximate geographic location or official
reporting area where the fishery occurs;
``(4) a description of fishing gear used in the fishery,
including the amount and type of such gear and the appropriate
unit of fishing effort; and
``(5) other information required under subsection 303(a)(5)
or requested by the Council under section 402.
``(d) Use of Registration.--Any registration recommended under this
section shall not be considered a permit for the purposes of this Act,
and the Secretary may not propose to revoke, suspend, deny, or impose
any other conditions or restrictions on any such registration or the use
of such registration under this Act.
``(e) <<NOTE: Federal Register, publication.>> Public Comment.--
Within one year after the date of enactment of the Sustainable Fisheries
Act, the Secretary shall publish in the Federal Register for a 60-day
public comment period a proposal that would provide for implementation
of a standardized fishing vessel registration and information collection
system that meets the requirements of subsections (a) through (c). The
proposal shall include--
``(1) a description of the arrangements of the Secretary for
consultation and cooperation with the department in which the
Coast Guard is operating, the States, the Councils, Marine
Fisheries Commissions, the fishing industry and other interested
parties; and
``(2) any proposed regulations or legislation necessary to
implement the proposal.
``(f) <<NOTE: Proposals.>> Congressional Transmittal.--Within 60
days after the end of the comment period and after consideration of
comments received under subsection (e), the Secretary shall transmit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Resources of the House of Representatives a recommended
proposal for implementation of a national fishing vessel registration
system that includes--
``(1) any modifications made after comment and consultation;
``(2) a proposed implementation schedule, including a
schedule for the proposed cooperative agreements required under
subsection (a)(4); and
``(3) recommendations for any such additional legislation as
the Secretary considers necessary or desirable to implement the
proposed system.
``(g) Report to Congress.--Within 15 months after the date of
enactment of the Sustainable Fisheries Act, the Secretary shall report
to Congress on the need to include recreational fishing vessels into a
national fishing vessel registration and information collection system.
In preparing its report, the Secretary shall cooperate with the
Secretary of the department in which the Coast Guard is operating, the
States, the Councils, and Marine Fisheries Commissions, and consult with
governmental and nongovernmental parties.''.
SEC. 203. INFORMATION COLLECTION.
Section 402 <<NOTE: 16 USC 1881a.>> is amended to read as follows:
``SEC. 402. INFORMATION COLLECTION.
``(a) Council Requests.--If a Council determines that additional
information (other than information that would disclose proprietary or
confidential commercial or financial information regarding fishing
operations or fish processing operations) would be beneficial for
developing, implementing, or revising a fishery management plan or for
determining whether a fishery is in need of management, the Council may
request that the Secretary implement an information collection program
for the fishery which would provide the types of information (other than
information that would disclose proprietary or confidential commercial
or financial information regarding fishing operations or fish processing
operations) specified by the Council. <<NOTE: Regulations.>> The
Secretary shall undertake such an information collection program if he
determines that the need is justified, and shall promulgate regulations
to implement the program within 60 days after such determination is
made. If the Secretary determines that the need for an information
collection program is not justified, the Secretary shall inform the
Council of the reasons for such determination in writing. The
determinations of the Secretary under this subsection regarding a
Council request shall be made within a reasonable period of time after
receipt of that request.
``(b) Confidentiality of Information.--(1) Any information submitted
to the Secretary by any person in compliance with any requirement under
this Act shall be confidential and shall not be disclosed, except--
``(A) to Federal employees and Council employees who are
responsible for fishery management plan development and
monitoring;
``(B) to State or Marine Fisheries Commission employees
pursuant to an agreement with the Secretary that prevents public
disclosure of the identity or business of any person;
``(C) when required by court order;
``(D) when such information is used to verify catch under an
individual fishing quota program;
``(E) that observer information collected in fisheries under
the authority of the North Pacific Council may be released to
the public as specified in a fishery management plan or
regulation for weekly summary bycatch information identified by
vessel, and for haul-specific bycatch information without vessel
identification; or
``(F) when the Secretary has obtained written authorization
from the person submitting such information to release such
information to persons for reasons not otherwise provided for in
this subsection, and such release does not violate other
requirements of this Act.
``(2) <<NOTE: Regulations.>> The Secretary shall, by regulation,
prescribe such procedures as may be necessary to preserve the
confidentiality of information submitted in compliance with any
requirement or regulation under this Act, except that the Secretary may
release or make public any such information in any aggregate or summary
form which does not directly or indirectly disclose the identity or
business of any person who submits such information. Nothing in this
subsection shall be interpreted or construed to prevent the use for
conservation and management purposes by the Secretary, or with the
approval of the Secretary, the Council, of any information submitted in
compliance with any requirement or regulation under this Act or the use,
release, or publication of bycatch information pursuant to paragraph
(1)(E).
``(c) Restriction on Use of Certain Information.--
(1) <<NOTE: Regulations.>> The Secretary shall promulgate regulations to
restrict the use, in civil enforcement or criminal proceedings under
this Act, the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
seq.), and the Endangered Species Act (16 U.S.C. 1531 et seq.), of
information collected by voluntary fishery data collectors, including
sea samplers, while aboard any vessel for conservation and management
purposes if the presence of such a fishery data collector aboard is not
required by any of such Acts or regulations thereunder.
``(2) The Secretary may not require the submission of a Federal or
State income tax return or statement as a prerequisite for issuance of a
permit until such time as the Secretary has promulgated regulations to
ensure the confidentiality of information contained in such return or
statement, to limit the information submitted to that necessary to
achieve a demonstrated conservation and management purpose, and to
provide appropriate penalties for violation of such regulations.
``(d) Contracting Authority.--Notwithstanding any other provision of
law, the Secretary may provide a grant, contract, or other financial
assistance on a sole-source basis to a State, Council, or Marine
Fisheries Commission for the purpose of carrying out information
collection or other programs if--
``(1) the recipient of such a grant, contract, or other
financial assistance is specified by statute to be, or has
customarily been, such State, Council, or Marine Fisheries
Commission; or
``(2) the Secretary has entered into a cooperative agreement
with such State, Council, or Marine Fisheries Commission.
``(e) Resource Assessments.--(1) The Secretary may use the private
sector to provide vessels, equipment, and services necessary to survey
the fishery resources of the United States when the arrangement will
yield statistically reliable results.
``(2) The Secretary, in consultation with the appropriate
Council and the fishing industry--
``(A) may structure competitive solicitations under
paragraph (1) so as to compensate a contractor for a
fishery resources survey by allowing the contractor to
retain for sale fish harvested during the survey voyage;
``(B) in the case of a survey during which the
quantity or quality of fish harvested is not expected to
be adequately compensatory, may structure those
solicitations so as to provide that compensation by
permitting the contractor to harvest on a subsequent
voyage and retain for sale a portion of the allowable
catch of the surveyed fishery; and
``(C) may permit fish harvested during such survey
to count toward a vessel's catch history under a fishery
management plan if such survey was conducted in a manner
that precluded a vessel's participation in a fishery
that counted under the plan for purposes of determining
catch history.
``(3) The Secretary shall undertake efforts to expand annual fishery
resource assessments in all regions of the Nation.''.
SEC. 204. OBSERVERS.
Section 403 <<NOTE: 16 USC 1881b>> is amended to read as follows:
``SEC. 403. OBSERVERS.
``(a) <<NOTE: Regulations.>> Guidelines for Carrying Observers.--
Within one year after the date of enactment of the Sustainable Fisheries
Act, the Secretary shall promulgate regulations, after notice and
opportunity for public comment, for fishing vessels that carry
observers. The regulations shall include guidelines for determining--
``(1) when a vessel is not required to carry an observer on
board because the facilities of such vessel for the quartering
of an observer, or for carrying out observer functions, are so
inadequate or unsafe that the health or safety of the observer
or the safe operation of the vessel would be jeopardized; and
``(2) actions which vessel owners or operators may
reasonably be required to take to render such facilities
adequate and safe.
``(b) Training.--The Secretary, in cooperation with the appropriate
States and the National Sea Grant College Program, shall--
``(1) establish programs to ensure that each observer
receives adequate training in collecting and analyzing the
information necessary for the conservation and management
purposes of the fishery to which such observer is assigned;
``(2) require that an observer demonstrate competence in
fisheries science and statistical analysis at a level sufficient
to enable such person to fulfill the responsibilities of the
position;
``(3) ensure that an observer has received adequate training
in basic vessel safety; and
``(4) make use of university and any appropriate private
nonprofit organization training facilities and resources, where
possible, in carrying out this subsection.
``(c) Observer Status.--An observer on a vessel and under contract
to carry out responsibilities under this Act or the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall be deemed to be a
Federal employee for the purpose of compensation under the Federal
Employee Compensation Act (5 U.S.C. 8101 et seq.).''.
SEC. 205. FISHERIES RESEARCH.
Section 404 <<NOTE: 16 USC 1881c.>> is amended to read as follows:
``SEC. 404. FISHERIES RESEARCH.
``(a) In General.--The Secretary shall initiate and maintain, in
cooperation with the Councils, a comprehensive program of fishery
research to carry out and further the purposes, policy, and provisions
of this Act. Such program shall be designed to acquire knowledge and
information, including statistics, on fishery conservation and
management and on the economics and social characteristics of the
fisheries.
``(b) <<NOTE: Federal Register, publication.>> Strategic Plan.--
Within one year after the date of enactment of the Sustainable Fisheries
Act, and at least every 3 years thereafter, the Secretary shall develop
and publish in the Federal Register a strategic plan for fisheries
research for the 5 years immediately following such publication. The
plan shall--
``(1) identify and describe a comprehensive program with a
limited number of priority objectives for research in each of
the areas specified in subsection (c);
``(2) indicate goals and timetables for the program
described in paragraph (1);
``(3) provide a role for commercial fishermen in such
research, including involvement in field testing;
``(4) provide for collection and dissemination, in a timely
manner, of complete and accurate information concerning fishing
activities, catch, effort, stock assessments, and other research
conducted under this section; and
``(5) be developed in cooperation with the Councils and
affected States, and provide for coordination with the Councils,
affected States, and other research entities.
``(c) Areas of Research.--Areas of research are as follows:
``(1) Research to support fishery conservation and
management, including but not limited to, biological research
concerning the abundance and life history parameters of stocks
of fish, the interdependence of fisheries or stocks of fish, the
identification of essential fish habitat, the impact of
pollution on fish populations, the impact of wetland and
estuarine degradation, and other factors affecting the abundance
and availability of fish.
``(2) Conservation engineering research, including the study
of fish behavior and the development and testing of new gear
technology and fishing techniques to minimize bycatch and any
adverse effects on essential fish habitat and promote efficient
harvest of target species.
``(3) Research on the fisheries, including the social,
cultural, and economic relationships among fishing vessel
owners, crew, United States fish processors, associated
shoreside labor, seafood markets and fishing communities.
``(4) Information management research, including the
development of a fishery information base and an information
management system under section 401 that will permit the full
use of information in the support of effective fishery
conservation and management.
``(d) <<NOTE: Federal Register, publication.>> Public Notice.--In
developing the plan required under subsection (a), the Secretary shall
consult with relevant Federal, State, and international agencies,
scientific and technical experts, and other interested persons, public
and private, and shall publish a proposed plan in the Federal Register
for the purpose of receiving public comment on the plan. The Secretary
shall ensure that affected commercial fishermen are actively involved in
the development of the portion of the plan pertaining to conservation
engineering research. Upon final publication in the Federal Register,
the plan shall be submitted by the Secretary to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Resources of the House of Representatives.''.
SEC. 206. INCIDENTAL HARVEST RESEARCH.
Section 405 <<NOTE: 16 USC 1881d.>> is amended to read as follows:
``SEC. 405. INCIDENTAL HARVEST RESEARCH.
``(a) Collection of Information.--Within nine months after the date
of enactment of the Sustainable Fisheries Act, the Secretary shall,
after consultation with the Gulf Council and South Atlantic Council,
conclude the collection of information in the program to assess the
impact on fishery resources of incidental harvest by the shrimp trawl
fishery within the authority of such Councils. Within <<NOTE: Public
information.>> the same time period, the Secretary shall make available
to the public aggregated summaries of information collected prior to
June 30, 1994 under such program.
``(b) Identification of Stock.--The program concluded pursuant to
subsection (a) shall provide for the identification of stocks of fish
which are subject to significant incidental harvest in the course of
normal shrimp trawl fishing activity.
``(c) Collection and Assessment of Specific Stock Information.--For
stocks of fish identified pursuant to subsection (b), with priority
given to stocks which (based upon the best available scientific
information) are considered to be overfished, the Secretary shall
conduct--
``(1) a program to collect and evaluate information on the
nature and extent (including the spatial and temporal
distribution) of incidental mortality of such stocks as a direct
result of shrimp trawl fishing activities;
``(2) an assessment of the status and condition of such
stocks, including collection of information which would allow
the estimation of life history parameters with sufficient
accuracy and precision to support sound scientific evaluation of
the effects of various management alternatives on the status of
such stocks; and
``(3) a program of information collection and evaluation for
such stocks on the magnitude and distribution of fishing
mortality and fishing effort by sources of fishing mortality
other than shrimp trawl fishing activity.
``(d) Bycatch Reduction Program.--Not later than 12 months after the
enactment of the Sustainable Fisheries Act, the Secretary shall, in
cooperation with affected interests, and based upon the best scientific
information available, complete a program to--
``(1) develop technological devices and other changes in
fishing operations necessary and appropriate to minimize the
incidental mortality of bycatch in the course of shrimp trawl
activity to the extent practicable, taking into account the
level of bycatch mortality in the fishery on November 28, 1990;
``(2) evaluate the ecological impacts and the benefits and
costs of such devices and changes in fishing operations; and
``(3) assess whether it is practicable to utilize bycatch
which is not avoidable.
``(e) Report to Congress.--The Secretary shall, within one year of
completing the programs required by this section, submit a detailed
report on the results of such programs to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Resources
of the House of Representatives.
``(f) Implementation Criteria.--To the extent practicable, any
conservation and management measure implemented under this Act to reduce
the incidental mortality of bycatch in the course of shrimp trawl
fishing shall be consistent with--
``(1) measures applicable to fishing throughout the range in
United States waters of the bycatch species concerned; and
``(2) the need to avoid any serious adverse environmental
impacts on such bycatch species or the ecology of the affected
area.''.
SEC. 207. MISCELLANEOUS RESEARCH.
(a) Fisheries Systems Research.--Section 406 (16 U.S.C. 1882) is
amended to read as follows:
``SEC. 406. FISHERIES SYSTEMS RESEARCH.
``(a) Establishment of Panel.--Not later than 180 days after the
date of enactment of the Sustainable Fisheries Act, the Secretary shall
establish an advisory panel under this Act to develop recommendations to
expand the application of ecosystem principles in fishery conservation
and management activities.
``(b) Panel Membership.--The advisory panel shall consist of not
more than 20 individuals and include--
``(1) individuals with expertise in the structures,
functions, and physical and biological characteristics of
ecosystems; and
``(2) representatives from the Councils, States, fishing
industry, conservation organizations, or others with expertise
in the management of marine resources.
``(c) Recommendations.--Prior to selecting advisory panel members,
the Secretary shall, with respect to panel members described in
subsection (b)(1), solicit recommendations from the National Academy of
Sciences.
``(d) Report.--Within 2 years after the date of enactment of this
Act, the Secretary shall submit to the Congress a completed report of
the panel established under this section, which shall include--
``(1) an analysis of the extent to which ecosystem
principles are being applied in fishery conservation and
management activities, including research activities;
``(2) proposed actions by the Secretary and by the Congress
that should be undertaken to expand the application of ecosystem
principles in fishery conservation and management; and
``(3) such other information as may be appropriate.
``(e) Procedural Matter.--The advisory panel established under this
section shall be deemed an advisory panel under section 302(g).''.
(b) Gulf of Mexico Red Snapper Research.--Title IV of the Act (16
U.S.C. 1882) is amended by adding the following new section:
``SEC. 407. <<NOTE: 16 USC 1883.>> GULF OF MEXICO RED SNAPPER RESEARCH.
``(a) Independent Peer Review.--(1) Within 30 days of the date of
enactment of the Sustainable Fisheries Act, the Secretary shall initiate
an independent peer review to evaluate--
``(A) the accuracy and adequacy of fishery statistics used
by the Secretary for the red snapper fishery in the Gulf of
Mexico to account for all commercial, recreational, and charter
fishing harvests and fishing effort on the stock;
``(B) the appropriateness of the scientific methods,
information, and models used by the Secretary to assess the
status and trends of the Gulf of Mexico red snapper stock and as
the basis for the fishery management plan for the Gulf of Mexico
red snapper fishery;
``(C) the appropriateness and adequacy of the management
measures in the fishery management plan for red snapper in the
Gulf of Mexico for conserving and managing the red snapper
fishery under this Act; and
``(D) the costs and benefits of all reasonable alternatives
to an individual fishing quota program for the red snapper
fishery in the Gulf of Mexico.
``(2) The Secretary shall ensure that commercial, recreational, and
charter fishermen in the red snapper fishery in the Gulf of Mexico are
provided an opportunity to--
``(A) participate in the peer review under this subsection;
and
``(B) provide information to the Secretary concerning the
review of fishery statistics under this subsection without being
subject to penalty under this Act or other applicable law for
any past violation of a requirement to report such information
to the Secretary.
``(3) <<NOTE: Reports.>> The Secretary shall submit a detailed
written report on the findings of the peer review conducted under this
subsection to the Gulf Council no later than one year after the date of
enactment of the Sustainable Fisheries Act.
``(b) Prohibition.--In addition to the restrictions under section
303(d)(1)(A), the Gulf Council may not, prior to October 1, 2000,
undertake or continue the preparation of any fishery management plan,
plan amendment or regulation under this Act for the Gulf of Mexico
commercial red snapper fishery that creates an individual fishing quota
program or that authorizes the consolidation of licenses, permits, or
endorsements that result in different trip limits for vessels in the
same class.
``(c) Referendum.--
``(1) On or after October 1, 2000, the Gulf Council may
prepare and submit a fishery management plan, plan amendment, or
regulation for the Gulf of Mexico commercial red snapper fishery
that creates an individual fishing quota program or that
authorizes the consolidation of licenses, permits, or
endorsements that result in different trip limits for vessels in
the same class, only if the preparation of such plan, amendment,
or regulation is approved in a referendum conducted under
paragraph (2) and only if the submission to the Secretary of
such plan, amendment, or regulation is approved in a subsequent
referendum conducted under paragraph (2).
``(2) The Secretary, at the request of the Gulf Council,
shall conduct referendums under this subsection. Only a person
who held an annual vessel permit with a red snapper endorsement
for such permit on September 1, 1996 (or any person to whom such
permit with such endorsement was transferred after such date)
and vessel captains who harvested red snapper in a commercial
fishery using such endorsement in each red snapper fishing
season occurring between January 1, 1993, and such date may vote
in a referendum under this subsection. The referendum shall be
decided by a majority of the votes cast. The Secretary shall
develop a formula to weigh votes based on the proportional
harvest under each such permit and endorsement and by each such
captain in the fishery between January 1, 1993, and September 1,
1996. Prior to each referendum, the Secretary, in consultation
with the Council, shall--
``(A) <<NOTE: Notification.>> identify and notify
all such persons holding permits with red snapper
endorsements and all such vessel captains; and
``(B) make available to all such persons and vessel
captains information about the schedule, procedures, and
eligibility requirements for the referendum and the
proposed individual fishing quota program.
``(d) Catch Limits.--Any fishery management plan, plan amendment, or
regulation submitted by the Gulf Council for the red snapper fishery
after the date of enactment of the Sustainable Fisheries Act shall
contain conservation and management measures that--
``(1) establish separate quotas for recreational fishing
(which, for the purposes of this subsection shall include
charter fishing) and commercial fishing that, when reached,
result in a prohibition on the retention of fish caught during
recreational fishing and commercial fishing, respectively, for
the remainder of the fishing year; and
``(2) ensure that such quotas reflect allocations among such
sectors and do not reflect any harvests in excess of such
allocations.''.
SEC. 208. <<NOTE: 16 USC 1881c note.>> STUDY OF CONTRIBUTION OF
BYCATCH TO CHARITABLE ORGANIZATIONS.
(a) Study.--The Secretary of Commerce shall conduct a study of the
contribution of bycatch to charitable organizations by commercial
fishermen. The study shall include determinations of--
(1) the amount of bycatch that is contributed each year to
charitable organizations by commercial fishermen;
(2) the economic benefits to commercial fishermen from those
contributions; and
(3) the impact on fisheries of the availability of those
benefits.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Commerce shall submit to the Congress a
report containing determinations made in the study under subsection (a).
(c) Bycatch Defined.--In this section the term ``bycatch'' has the
meaning given that term in section 3 of the Magnuson Fishery
Conservation and Management Act, as amended by section 102 of this Act.
SEC. 209. STUDY OF IDENTIFICATION METHODS FOR HARVEST STOCKS.
(a) In General.--The Secretary of Commerce shall conduct a study to
determine the best possible method of identifying various Atlantic and
Pacific salmon and steelhead stocks in the ocean at time of harvest. The
study shall include an assessment of--
(1) coded wire tags;
(2) fin clipping; and
(3) other identification methods.
(b) Report.--The Secretary shall report the results of the study,
together with any recommendations for legislation deemed necessary based
on the study, within 6 months after the date of enactment of this Act to
the Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.
SEC. 210. REVIEW OF NORTHEAST FISHERY STOCK ASSESSMENTS.
The National Academy of Sciences, in consultation with regionally
recognized fishery experts, shall conduct a peer review of Canadian and
United States stock assessments, information collection methodologies,
biological assumptions and projections, and other relevant scientific
information used as the basis for conservation and management in the
Northeast multispecies fishery. The National Academy of Sciences shall
submit the results of such review to the Congress and the Secretary of
Commerce no later than March 1, 1997.
SEC. 211. CLERICAL AMENDMENTS.
The table of contents is amended by striking the matter relating to
title IV and inserting the following:
``Sec. 312. Transition to sustainable fisheries.
``Sec. 313. North Pacific fisheries conservation.
``Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program.
``TITLE IV--FISHERY MONITORING AND RESEARCH
``Sec. 401. Registration and information management.
``Sec. 402. Information collection.
``Sec. 403. Observers.
``Sec. 404. Fisheries research.
``Sec. 405. Incidental harvest research.
``Sec. 406. Fisheries systems research.
``Sec. 407. Gulf of Mexico red snapper research.''.
TITLE III--FISHERIES FINANCING <<NOTE: Fisheries Financing Act.>>
SEC. 301. <<NOTE: 46 USC app. 1245 note.>> SHORT TITLE.
This title may be cited as the ``Fisheries Financing Act''.
SEC. 302. INDIVIDUAL FISHING QUOTA LOANS.
(a) Amendment of Merchant Marine Act, 1936.--Section 1104A of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1274) is amended--
(1) by striking ``or'' at the end of subsection (a)(5);
(2) by striking the period at the end of subsection (a)(6)
and inserting a semicolon and ``or'';
(3) by adding at the end of subsection (a) the following:
``(7) financing or refinancing, including, but not limited
to, the reimbursement of obligors for expenditures previously
made, for the purchase of individual fishing quotas in
accordance with section 303(d)(4) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1853(d)(4)).''; and
(4) by striking ``paragraph (6)'' in the last sentence of
subsection (a) and inserting ``paragraphs (6) and (7)''; and
(5) by striking ``equal to'' in the third proviso of
subsection (b)(2) and inserting ``not to exceed''.
(b) <<NOTE: 46 USC app. 1274 note.>> Prohibition.--Until October 1,
2001, no new loans may be guaranteed by the Federal Government for the
construction of new fishing vessels if the construction will result in
an increased harvesting capacity within the United States exclusive
economic zone.
SEC. 303. FISHERIES FINANCING AND CAPACITY REDUCTION.
(a) Capacity Reduction and Financing Authority.--Title XI of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), is amended by
adding at the end the following new sections:
``Sec. <<NOTE: 46 USC app. 1279f.>> 1111. (a) The Secretary is
authorized to guarantee the repayment of debt obligations issued by
entities under this section. Debt obligations to be guaranteed may be
issued by any entity that has been approved by the Secretary and has
agreed with the Secretary to such conditions as the Secretary deems
necessary for this section to achieve the objective of the program and
to protect the interest of the United States.
``(b) Any debt obligation guaranteed under this section shall--
``(1) be treated in the same manner and to the same extent
as other obligations guaranteed under this title, except with
respect to provisions of this title that by their nature cannot
be applied to obligations guaranteed under this section;
``(2) have the fishing fees established under the program
paid into a separate subaccount of the fishing capacity
reduction fund established under this section;
``(3) not exceed $100,000,000 in an unpaid principal amount
outstanding at any one time for a program;
``(4) have such maturity (not to exceed 20 years), take such
form, and contain such conditions as the Secretary determines
necessary for the program to which they relate;
``(5) have as the exclusive source of repayment (subject to
the proviso in subsection (c)(2)) and as the exclusive payment
security, the fishing fees established under the program; and
``(6) at the discretion of the Secretary be issued in the
public market or sold to the Federal Financing Bank.
``(c)(1) There is established in the Treasury of the United States a
separate account which shall be known as the fishing capacity reduction
fund (referred to in this section as the `fund'). Within the fund, at
least one subaccount shall be established for each program into which
shall be paid all fishing fees established under the program and other
amounts authorized for the program.
``(2) Amounts in the fund shall be available, without appropriation
or fiscal year limitation, to the Secretary to pay the cost of the
program, including payments to financial institutions to pay debt
obligations incurred by entities under this section: Provided, That
funds available for this purpose from other amounts available for the
program may also be used to pay such debt obligations.
``(3) Sums in the fund that are not currently needed for the purpose
of this section shall be kept on deposit or invested in obligations of
the United States.
``(d) The Secretary is authorized and directed to issue such
regulations as the Secretary deems necessary to carry out this section.
``(e) For the purposes of this section, the term `program' means a
fishing capacity reduction program established under section 312 of the
Magnuson Fishery Conservation and Management Act.
``Sec. <<NOTE: 46 USC app. 1279g.>> 1112. (a) Notwithstanding any
other provision of this title, all obligations involving any fishing
vessel, fishery facility, aquaculture facility, individual fishing
quota, or fishing capacity reduction program issued under this title
after the date of enactment of the Sustainable Fisheries Act shall be
direct loan obligations, for which the Secretary shall be the obligee,
rather than obligations issued to obligees other than the Secretary and
guaranteed by the Secretary. All direct loan obligations under this
section shall be treated in the same manner and to the same extent as
obligations guaranteed under this title except with respect to
provisions of this title which by their nature can only be applied to
obligations guaranteed under this title.
``(b) Notwithstanding any other provisions of this title, the annual
rate of interest which obligors shall pay on direct loan obligations
under this section shall be fixed at two percent of the principal amount
of such obligations outstanding plus such additional percent as the
Secretary shall be obligated to pay as the interest cost of borrowing
from the United States Treasury the funds with which to make such direct
loans.''.
TITLE IV--MARINE FISHERY STATUTE REAUTHORIZATIONS
SEC. 401. MARINE FISH PROGRAM AUTHORIZATION OF APPROPRIATIONS.
(a) Fisheries Information Collection and Analysis.--There are
authorized to be appropriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administration to carry out
fisheries information and analysis activities under the Fish and
Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and any other law
involving those activities, $51,800,000 for fiscal year 1997, and
$52,345,000 for each of the fiscal years 1998, 1999, and 2000. Such
activities may include, but are not limited to, the collection,
analysis, and dissemination of scientific information necessary for the
management of living marine resources and associated marine habitat.
(b) Fisheries Conservation and Management Operations.-- There are
authorized to be appropriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administration to carry out
activities relating to fisheries conservation and management operations
under the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and any
other law involving those activities, $29,028,000 for fiscal year 1997,
and $29,899,000 for each of the fiscal years 1998, 1999, and 2000. Such
activities may include, but are not limited to, development,
implementation, and enforcement of conservation and management measures
to achieve continued optimum use of living marine resources, hatchery
operations, habitat conservation, and protected species management.
(c) Fisheries State and Industry Cooperative Programs.--There are
authorized to be appropriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administration to carry out State
and industry cooperative programs under the Fish and Wildlife Act of
1956 (16 U.S.C. 742a et seq.) and any other law involving those
activities, $27,932,000 for fiscal year 1997, and $28,226,000 for each
of the fiscal years 1998, 1999, and 2000. These activities include, but
are not limited to, ensuring the quality and safety of seafood products
and providing grants to States for improving the management of
interstate fisheries.
(d) Authorization of Appropriations for Chesapeake Bay Office.--
Section 2(e) of the National Oceanic and Atmospheric Administration
Marine Fisheries Program Authorization Act (Public Law 98-210; 97 Stat.
1409) is amended--
(1) by striking ``1992 and 1993'' and inserting ``1997 and
1998'';
(2) by striking ``establish'' and inserting ``operate'';
(3) by striking ``306'' and inserting ``307''; and
(4) by striking ``1991'' and inserting ``1992''.
(e) Relation to Other Laws.--Authorizations under this section shall
be in addition to monies authorized under the Magnuson Fishery
Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.), the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 3301 et seq.), the Anadromous
Fish Conservation Act (16 U.S.C. 757 et seq.), and the
Interjurisdictional Fisheries Act (16 U.S.C. 4107 et seq.).
(f) <<NOTE: Caritas Christi.>> New England Health Plan.--The
Secretary of Commerce is authorized to provide up to $2,000,000 from
previously appropriated funds to Caritas Christi for the implementation
of a health care plan for fishermen in New England if Caritas Christi
submits such plan to the Secretary no later than January 1, 1997, and
the Secretary, in consultation with the Secretary of Health and Human
Services, approves such plan.
SEC. 402. INTERJURISDICTIONAL FISHERIES ACT AMENDMENTS.
(a) Reauthorization.--Section 308 of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107) is amended--
(1) by amending subsection (a) to read as follows:
``(a) General Appropriations.--There are authorized to be
appropriated to the Department of Commerce for apportionment to carry
out the purposes of this title--
``(1) $3,400,000 for fiscal year 1996;
``(2) $3,900,000 for fiscal year 1997;
``(3) $4,400,000 for each of the fiscal years 1998, 1999,
and 2000.'';
(2) by striking ``$350,000 for each of the fiscal years
1989, 1990, 1991, 1992, and 1993, and $600,000 for each of the
fiscal years 1994 and 1995,'' in subsection (c) and inserting
``$700,000 for fiscal year 1997, and $750,000 for each of the
fiscal years 1998, 1999, and 2000,''.
(b) New England Report.--Section 308(d) of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107(d)) is amended by adding at the
end the following new paragraph:
``(7) With respect to funds available for the New England
region, the Secretary shall submit to the Congress by January 1,
1997, with annual updates thereafter as appropriate, a report on
the New England fishing capacity reduction initiative which
provides--
``(A) the total number of Northeast multispecies
permits in each permit category and calculates the
maximum potential fishing capacity of vessels holding
such permits based on the principal gear, gross
registered tonnage, engine horsepower, length, age, and
other relevant characteristics;
``(B) the total number of days at sea available to
the permitted Northeast multispecies fishing fleet and
the total days at sea weighted by the maximum potential
fishing capacity of the fleet;
``(C) an analysis of the extent to which the
weighted days at sea are used by the active participants
in the fishery and of the reduction in such days as a
result of the fishing capacity reduction program; and
``(D) an estimate of conservation benefits (such as
reduction in fishing mortality) directly attributable to
the fishing capacity reduction program.''.
SEC. 403. ANADROMOUS FISHERIES AMENDMENTS.
Section 4 of the Anadromous Fish Conservation Act (16 U.S.C. 757d)
is amended to read as follows:
``Sec. 4. <<NOTE: Appropriation authorization.>> (a)(1) There are
authorized to be appropriated to carry out the purposes of this Act not
to exceed the following sums:
``(A) $4,000,000 for fiscal year 1997; and
``(B) $4,250,000 for each of fiscal years 1998, 1999, and
2000.
``(2) Sums appropriated under this subsection are authorized to
remain available until expended.
``(b) Not more than $625,000 of the funds appropriated under this
section in any one fiscal year shall be obligated in any one State.''.
SEC. 404. ATLANTIC COASTAL FISHERIES AMENDMENTS.
(a) Definition.--Paragraph (1) of section 803 of the Atlantic
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5102) is
amended--
(1) by inserting ``and'' after the semicolon in subparagraph
(A);
(2) by striking ``States; and'' in subparagraph (B) and
inserting ``States.''; and
(3) by striking subparagraph (C).
(b) Implementation Standard for Federal Regulation.--Subparagraph
(A) of section 804(b)(1) of such Act (16 U.S.C. 5103(b)(1)) is amended
by striking ``necessary to support'' and inserting ``compatible with''.
(c) American Lobster Management.--Section 809 (16 U.S.C. 5108) and
section 810 of such Act <<NOTE: 16 USC 1851 note.>> are redesignated as
sections 811 and 812, respectively, and the following new sections are
inserted at the end of section 808:
``SEC. 809. <<NOTE: 16 USC 5107a.>> STATE PERMITS VALID IN CERTAIN
WATERS.
``(a) Permits.--Notwithstanding any provision of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the
Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 et
seq.), or any requirement of a fishery management plan or coastal
fishery management plan to the contrary, a person holding a valid
license issued by the State of Maine which lawfully permits that person
to engage in commercial fishing for American lobster may, with the
approval of the State of Maine, engage in commercial fishing for
American lobster in the following areas designated as Federal waters, if
such fishing is conducted in such waters in accordance with all other
applicable Federal and State regulations:
``(1) west of Monhegan Island in the area located north of
the line 43/ 42' 08" N, 69/ 34' 18" W and 43/ 42' 15" N, 69/ 19'
18" W;
``(2) east of Monhegan Island in the area located west of
the line 43/ 44' 00" N, 69/ 15' 05" W and 43/ 48' 10" N, 69/ 08'
01" W;
``(3) south of Vinalhaven in the area located west of the
line 43/ 52' 21" N, 68/ 39' 54" W and 43/ 48' 10" N, 69/ 08' 01"
W; and
``(4) south of Bois Bubert Island in the area located north
of the line 44/ 19' 15" N, 67/ 49' 30" W and 44/ 23' 45" N, 67/
40' 33" W.
``(b) Enforcement.--The exemption from Federal fishery permitting
requirements granted by subsection (a) may be revoked or suspended by
the Secretary in accordance with section 308(g) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1858(g)) for violations of
such Act or this Act.
``SEC. 810. <<NOTE: 16 USC 5107b.>> TRANSITION TO MANAGEMENT OF
AMERICAN LOBSTER FISHERY BY COMMISSION.
``(a) <<NOTE: Regulations.>> Temporary Limits.--Notwithstanding any
other provision of this Act or of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), if no regulations have been
issued under section 804(b) of this Act by December 31, 1997, to
implement a coastal fishery management plan for American lobster, then
the Secretary shall issue interim regulations before March 1, 1998, that
will prohibit any vessel that takes lobsters in the exclusive economic
zone by a method other than pots or traps from landing lobsters (or any
parts thereof) at any location within the United States in excess of--
``(1) 100 lobsters (or parts thereof) for each fishing trip
of 24 hours or less duration (up to a maximum of 500 lobsters,
or parts thereof, during any 5-day period); or
``(2) 500 lobsters (or parts thereof) for a fishing trip of
5 days or longer.
``(b) Secretary to Monitor Landings.--Before January 1, 1998, the
Secretary shall monitor, on a timely basis, landings of American
lobster, and, if the Secretary determines that catches from vessels that
take lobsters in the exclusive economic zone by a method other than pots
or traps have increased significantly, then the Secretary may,
consistent with the national standards in section 301 of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1801), and after
opportunity for public comment and consultation with the Atlantic States
Marine Fisheries Commission, implement regulations under section 804(b)
of this Act that are necessary for the conservation of American lobster.
``(c) Regulations to Remain in Effect Until Plan Implemented.--
Regulations issued under subsection (a) or (b) shall remain in effect
until the Secretary implements regulations under section 804(b) of this
Act to implement a coastal fishery management plan for American
lobster.''.
(d) Authorization of Appropriations.--Section 810 of such Act, as
amended by this Act, <<NOTE: 16 USC 5108.>> is amended further by
striking ``1996.'' and inserting ``1996, and $7,000,000 for each of the
fiscal years 1997, 1998, 1999, and 2000.''.
SEC. 405. TECHNICAL AMENDMENTS TO MARITIME BOUNDARY AGREEMENT.
(a) <<NOTE: Effective date. 16 USC 1802 note.>> Execution of Prior
Amendments to Definitions.--Notwithstanding section 308 of the Act
entitled ``An Act to provide for the designation of the Flower Garden
Banks National Marine Sanctuary'', approved March 9, 1992 (Public Law
102-251; 106 Stat. 66) hereinafter referred to as the ``FGB Act'',
section 301(b) of that Act (adding a definition of the term ``special
areas'') shall take effect on the date of enactment of this Act.
(b) Conforming Amendments.--
(1) Section 301(h)(2)(A) <<NOTE: 16 USC 1857.>> of the FGB
Act is repealed.
(2) Section 304 <<NOTE: 16 USC 1362.>> of the FGB Act is
repealed.
(3) Section 3(15) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1362(15)) is amended to read as follows:
``(15) The term `waters under the jurisdiction of the United
States' means--
``(A) the territorial sea of the United States;
``(B) the waters included within a zone, contiguous
to the territorial sea of the United States, of which
the inner boundary is a line coterminous with the
seaward boundary of each coastal State, and the other
boundary is a line drawn in such a manner that each
point on it is 200 nautical miles from the baseline from
which the territorial sea is measured; and
``(C) the areas referred to as eastern special areas
in Article 3(1) of the Agreement between the United
States of America and the Union of Soviet Socialist
Republics on the Maritime Boundary, signed June 1, 1990;
in particular, those areas east of the maritime
boundary, as defined in that Agreement, that lie within
200 nautical miles of the baselines from which the
breadth of the territorial sea of Russia is measured but
beyond 200 nautical miles of the baselines from which
the breadth of the territorial sea of the United States
is measured, except that this subparagraph shall not
apply before the date on which the Agreement between the
United States and the Union of Soviet Socialist
Republics on the Maritime Boundary, signed June 1, 1990,
enters into force for the United States.''.
SEC. 406. AMENDMENTS TO THE FISHERIES ACT.
Section 309(b) of the Fisheries Act of 1995 (Public Law 104-43)
is <<NOTE: 16 USC 971c note.>> amended by striking ``July 1, 1996'' and
inserting ``July 1, 1997''.
Approved October 11, 1996.
LEGISLATIVE HISTORY--S. 39 (H.R. 39):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 104-171 accompanying H.R. 39 (Comm. on Resources).
SENATE REPORTS: No. 104-276 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 18, 19, considered and passed Senate.
Sept. 27, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Oct. 11, Presidential statement.
<all>