[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2022 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2022

  To reduce waste of fishery resources off Alaska by eliminating the 
   catch of prohibited species, requiring full retention of economic 
   discards and full utilization of processing waste, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 14 (legislative day, April 11), 1994

  Mr. Stevens introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To reduce waste of fishery resources off Alaska by eliminating the 
   catch of prohibited species, requiring full retention of economic 
   discards and full utilization of processing waste, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North Pacific Fishery Waste 
Reduction Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) The conservation of fishery resources is the primary 
        goal of this Act.
            (2) Over 50 percent of all fish harvested in the United 
        States are caught in the fisheries of the North Pacific and 
        Bering Sea off Alaska, which are under the jurisdiction of the 
        North Pacific Fishery Management Council.
            (3) Economic discards and processing waste constitute an 
        enormous loss to the public of the potential value of these 
        fishery resources, and also pose a significant conservation 
        problem.
            (4) In some fisheries off Alaska more than 50 percent of 
        the target species caught are discarded because they are too 
        large, too small, or of the wrong sex.
            (5) In recent years, as much as one-half billion pounds of 
        usable fish products per year have been wasted rather than 
        processed in fisheries off Alaska.
            (6) Economic discards and processing waste can be reduced 
        through selective fishing practices, time/area closures and 
        other fishery management techniques, and more efficient 
        processing requirements.
            (7) More data is needed on the amount of economic discards 
        and processing waste that are occurring in the commercial 
        fisheries off Alaska.
            (8) The commercial fishing industry and the North Pacific 
        Fishery Management Council have begun to make needed 
        adjustments to reduce economic discards and processing waste, 
        and have shown a strong interest in promoting the long-term 
        health of the fishery resources.
            (9) Certain fisheries are comprised of numerous species. In 
        such fisheries bycatch quotas are necessary to achieve the 
        optimum yield in target fisheries. The commercial fishing 
        industry and the North Pacific Fishery Management Council 
        should continue to dedicate substantial effort to create 
        management regimes that permit, in a manner that prevents 
        overfishing or the risk of overfishing and allows for the 
        rebuilding of depleted stocks, the prosecution of such mixed-
        stock fisheries while reducing or eliminating economic 
        discards, processing waste, bycatch, and the harvest of 
        prohibited species.

SEC. 3. PURPOSE.

    The purpose of this Act is to improve the conservation and 
management of fishery resources off Alaska by--
            (1) eliminating, to the maximum extent practicable, the 
        harvest of prohibited species, except by fishermen permitted 
        under law to target those species;
            (2) requiring the full retention of economic discards and 
        full utilization of processing waste;
            (3) reducing the bycatch of nontarget species;
            (4) rebuilding fish stocks that have been overfished or 
        which are at risk of being overfished; and
            (5) providing for improved observer coverage, cost 
        recovery, emergency closure, entry notification, prohibited 
        species caps, industry assistance, and other authority to 
        enhance the ability of the Council to manage its fisheries.

SEC. 4. WASTE REDUCTION IN NORTH PACIFIC FISHERIES.

    The Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1800 et seq.) is amended by adding at the end of title III the 
following new section:

``SEC. 315. WASTE REDUCTION IN NORTH PACIFIC FISHERIES.

    ``(a) Goals.--The goals of this section are to improve the 
conservation and management of fishery resources off Alaska by--
            ``(1) eliminating, to the maximum extent practicable, the 
        harvest of prohibited species, except by fishermen permitted 
        under law to target those species;
            ``(2) requiring the full retention of economic discards and 
        full utilization of processing waste;
            ``(3) reducing the bycatch of nontarget species; and
            ``(4) rebuilding fish stocks that have been overfished or 
        which are at risk of being overfished.
    ``(b) Definitions.--For the purposes of this section--
            ``(1) `bycatch' means any fish species for which a quota is 
        established, but which are not the target species of a fishery 
        in which a fishing vessel is engaged;
            ``(2) `economic discards' means fish which are the target 
        or bycatch species in a fishery, but which are not retained by 
        the fishing vessel harvesting those fish or are not processed 
        by United States fish processors because they are the wrong 
        size, the wrong sex, of poor quality, or for other economic 
        reasons;
            ``(3) `processing waste' means that portion of a fish which 
        is processed and which could be used for human consumption or 
        other commercial use, but which is not so used; and
            ``(4) `prohibited species' means fish for which a quota is 
        set, but which fishermen are required by regulation to either 
        (i) discard whenever caught, or (ii) retain but may not sell, 
        in order to protect the value of another fishery.
    ``(c) Reduction of Waste.--
            ``(1) No later than January 1, 1996, the North Pacific 
        Fishery Management Council shall include in each fishery 
        management plan under its jurisdiction conservation and 
        management measures, including fees or other incentives, to 
        reduce economic discards, processing waste, prohibited species 
        catch, and bycatch in each fishery. Notwithstanding section 
        304(d), in implementing this subsection the Council may 
        recommend, and the Secretary shall approve and implement any 
        such recommendation, consistent with the other provisions of 
        this Act, a system of fees to provide an incentive to reduce 
        such discards and waste. Any such system of fees or incentives 
        shall be fair and equitable to all fishermen and United States 
        fish processors, and shall not have economic allocation as its 
        sole purpose.
            ``(2) Not later than January 1, 1997, the North Pacific 
        Fishery Management Council shall recommend, and the Secretary 
        shall approve and implement any such recommendation, consistent 
        with the other provisions of this Act, conservation and 
        management measures to ensure total catch measurement in each 
        fishery under the Council's jurisdiction. Such conservation and 
        management measures shall ensure the accurate enumeration of 
        target species, bycatch, and prohibited species.
            ``(3) Beginning on January 1, 1998, such incentives shall 
        include an allocation preference to fishing and processing 
        practices within each gear group that result in the lowest 
        levels of economic discards, prohibited species catch and 
        bycatch. In determining which practices shall be given 
        priority, the reduction of economic discards shall be given the 
        greatest weight, followed by processing waste (where 
        applicable), prohibited species catch and bycatch, in that 
        order.
            ``(4) In determining the level of target species catch, 
        bycatch, economic discards and processing waste, the Council 
        and Secretary shall base such determinations on observer data 
        or the best available information.
            ``(5) In the case of fisheries occurring under an 
        individual fishing quota regime under the jurisdiction of the 
        North Pacific Fishery Management Council after January 1, 
        1998,--
                    ``(A) the Council shall designate target species, 
                bycatch species, and prohibited species for each such 
                fishery;
                    ``(B) the Council may not recommend, and the 
                Secretary may not approve, any assignment or allocation 
                of individual fishing quotas for prohibited species or 
                bycatch species for those fisheries, other than for 
                each individual fishing season on an annual basis 
                pursuant to subparagraph (C) of this subsection; and
                    ``(C) the allocation preference required under 
                paragraph (2) shall be implemented by giving priority 
                in the allocation of prohibited species quotas and 
                bycatch quotas to fishing practices that result in the 
                lowest levels of economic discards, processing waste, 
                prohibited species and bycatch.
            ``(6) Nothing in this section shall be construed to 
        preclude the North Pacific Fishery Management Council from 
        allocating a portion of any quota for a directed fishery for 
        use as bycatch in another fishery or fisheries, if the Council 
        determines such allocation is necessary to prosecute a fishery, 
        after taking into account the requirements of this section 
        regarding reduction of bycatch, economic discards and 
        processing waste.
    ``(d) Full Retention and Full Utilization.--
            ``(1) The North Pacific Fishery Management Council shall, 
        consistent with the other provisions of this Act, submit to the 
        Secretary by January 1, 1996, a plan to phase-in, to the 
        maximum extent practicable, fishery management plan amendments 
        to require full retention by fishing vessels and full 
        utilization by United States fish processors of all fishery 
        resources, except prohibited species, caught under the 
        jurisdiction of such Council as soon as is practicable, but in 
        no case later than January 1, 2000.
            ``(2) The plan shall include conservation and management 
        measures to minimize processing waste and ensure the optimum 
        utilization to target species, including standards setting 
        minimum percentages of target species harvest which must be 
        processed for human consumption.
            ``(3) In determining the maximum extent practicable, the 
        North Pacific Fishery Management Council shall consider--
                    ``(A) the state of available technology;
                    ``(B) the extent to which species brought on board 
                can be safely returned alive, with the expectation of 
                extended survival, to the sea;
                    ``(C) the extent to which each species is fully 
                utilized as a target species by United States 
                fishermen;
                    ``(D) the impact of different processing practices 
                on the price paid to fishermen and processors;
                    ``(E) the nature and economic costs of each 
                specific fishery; and
                    ``(F) the effect of a full retention or full 
                utilization requirement in a given fishery on other 
                fisheries when compared with the beneficial effect of 
                reducing economic discards and processing waste.
            ``(4) Notwithstanding section 304(d), the North Pacific 
        Fishery Management Council may propose, and the Secretary shall 
        approve and implement any such recommendation, consistent with 
        the other provisions of this Act, a system of fines or other 
        incentives to implement this section. Any such fines or 
        incentive system shall be fair and equitable to all fishing 
        vessels and United States fish processors, and shall not have 
        economic allocation as its sole purpose.
    ``(e) Prohibited Species.--
            ``(1) Prohibited species shall not be considered an 
        economic discard for purposes of this section; however, the 
        North Pacific Fishery Management Council shall seek to reduce 
        the incidental catch of prohibited species to the maximum 
        extent practicable while allowing for the prosecution of 
        fisheries under its jurisdiction.
            ``(2) Not later than January 1, 1996, the North Pacific 
        Fishery Management Council shall propose, and the Secretary 
        shall approve and implement any such recommendation, consistent 
        with the other provisions of this Act, for each groundfish 
        fishery under the Council's jurisdiction, conservation and 
        management measures to reduce the incidental harvest of 
        prohibited species to the minimum level necessary to prosecute 
        directed fisheries for designated target species, and to 
        otherwise meet the requirements of this section. 
        Notwithstanding section 304(d), such conservation and 
        management measures may include a system of fines, caps or 
        other incentives to reduce the incidental harvest of prohibited 
        species. Any system of fines or incentives under this section 
        shall be fair and equitable to all fishing vessels and United 
        States fish processors, and shall not have economic allocation 
        as its sole purpose.
            ``(3) The North Pacific Fishery Management Council shall 
        establish for each fishery which incidentally harvests a 
        prohibited species under the Council's jurisdiction cap which 
        prevents such prohibited species from being overfished or from 
        being placed in risk of being overfished. Upon reaching such 
        cap, the commercial fishery in which such prohibited species is 
        incidentally caught shall be closed for that season.
    ``(f) Rebuilding Plan.--The North Pacific Fishery Management 
Council shall, by January 1, 1996, include in each fishery management 
plan under its jurisdiction a plan for rebuilding each fishery stock 
that the Council identifies as being overfished or at risk of 
overfishing.
    ``(g) Observer Program.--
            ``(1) Beginning January 1, 1996, the North Pacific Fishery 
        Management Council shall require under the authority granted to 
        it by section 313--
                    ``(A) 100 percent observer coverage on all fishing 
                vessels which can safely accommodate an observer or 
                observers, and at all United States fish processors, 
                and
                    ``(B) for vessels which cannot safely accommodate 
                an observer, statistically reliable sampling of a 
                fishing vessel's effort in each fishery in which that 
                fishing vessel participates,
        when such vessel or processor is fishing in a fishery under the 
        North Pacific Fishery Management Council's jurisdiction. In 
        implementing subparagraph (A) the North Pacific Fishery 
        Management Council shall require that more than one observer be 
        stationed on a fishing vessel or at a United States fish 
        processor whenever the Council determines that more than one 
        such observer is necessary to accurately monitor that vessel or 
        processor's operation.
            ``(2) Observers stationed on fishing vessels or at United 
        States fish processors under the authority of this section or 
        section 313 shall be paid by the Secretary using funds 
        deposited in the North Pacific Fishery Observer Fund. Such 
        payment shall not make an observer an employee of the Federal 
        Government, unless such observer is otherwise employed by an 
        agency of the United States.
            ``(3) Failure to pay the fee established by the North 
        Pacific Fishery Management Council under section 313 shall be a 
        considered a violation of section 307, punishable under section 
        308. Any fines collected pursuant to the authority granted by 
        this subsection shall be deposited in the North Pacific Fishery 
        Observer Fund account in the United States Treasury, and shall 
        remain available until expended under the term of that fund.
            ``(4) Notwithstanding sections 304(d) and 313(b), the 
        Secretary is authorized to recover from vessels participating 
        in a fishery under an individual fishing quota regime or other 
        limited access program established by the North Pacific Fishery 
        Management Council, the full cost of any observers stationed on 
        such vessel (including all costs for salaries, expenses, 
        equipment, food and lodging, transportation, insurance, and 
        analysis of observer data, plus reasonable costs for training 
        and administrative overhead). Each participant in an individual 
        fishing quota regime shall only be required to contribute the 
        same proportion of the costs as that participant's quota shares 
        represent to the total number of quota shares in such regime. 
        The Secretary shall deposit any fees collected under this 
        paragraph in the North Pacific Fishery Observery Fund account 
        in the United States Treasury.
    ``(h) Emergency Closure Authority.--The Secretary may, pursuant to 
guidelines established by the North Pacific Fishery Management Council 
in a fishery management plan, close or restrict a particular fishery 
covered by such fishery management plan in order to prevent 
overfishing, reduce bycatch, protect prohibited species or minimize 
economic discards. In exercising the emergency authority granted under 
this section, the Secretary shall not be required to provide an 
opportunity for notice and comment if such closure or restriction would 
not exceed thirty days in duration.
    ``(i) Notification of Entry Required.--
            ``(1) The North Pacific Fishery Management Council shall 
        submit to the Secretary by January 31, 1995, a list of (A) all 
        fishing technologies employed in fisheries under such Council's 
        jurisdiction, by fishery, and (B) all fisheries under the 
        jurisdiction of such Council. The Council may, as it deems 
        appropriate, submit amendments to such list to the Secretary.
            ``(2) The Secretary shall publish such list or any 
        amendments thereto, in the Federal Register within fifteen days 
        after receipt of the list or amendments described in paragraph 
        (1).
            ``(3) Beginning on the date that is one hundred and eighty 
        days after the date of the publication of the list required 
        under paragraph (2), no person or vessel shall employ a fishing 
        technology or engage in a fishery that is not included on the 
        list published by the Secretary under this subsection without 
        first giving one hundred and twenty days advance notice of the 
        intent to employ such unlisted technology or engage in such 
        unlisted fishery to the North Pacific Fishery Management 
        Council. Such notice shall include a detailed description, 
        including drawings, maps or diagrams if appropriate, of the 
        unlisted technology or unlisted fishery which such person or 
        vessel seeks to employ or engage in.
            ``(4) The North Pacific Fishery Management Council may 
        request, and the Secretary shall grant, an emergency rule under 
        section 305(c), prohibiting any persons or vessels from 
        employing an unlisted technology or engaging in an unlisted 
        fishery if the Council determines that use of such technology 
        or entry into such fishery would compromise the effectiveness 
        of conservation and management efforts by the Council.
            ``(5) If, after receiving the notice required under 
        paragraph (3), the North Pacific Fishery Management Council 
        does not request emergency action by the Secretary under 
        paragraph (4), the person or vessel submitting notice under 
        paragraph (3) may, after the required one hundred and twenty 
        day period has lapsed, employ the unlisted technology or enter 
        the unlisted fishery to which such notice applies.
            ``(6) A violation of this subsection shall be considered a 
        violation of section 307, punishable under section 308.
    ``(j) Industry Assistance.--
            ``(1) The Secretary shall submit by January 1, 1995 to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Merchant Marine and Fisheries of 
        the House of Representatives a plan to develop jointly with 
        industry accurate methods of weighing or determining the volume 
        of fish harvested by United States fishing vessels in fisheries 
        under the jurisdiction of the North Pacific Fishery Management 
        Council. Such plan shall include methods for assessing 
        contributions from industry to fund such development, as well 
        as recommendations from the Secretary concerning the level of 
        funds needed to successfully implement the plan in fiscal year 
        1996.
            ``(2) The Secretary shall submit by January 1, 1995 to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Merchant Marine and Fisheries of 
        the House of Representatives a plan to develop markets and 
        harvesting and processing techniques for arrowtooth flounder. 
        The Secretary shall include in such plan recommendations 
        concerning the level of funds needed to successfully implement 
        the plan in fiscal year 1996.
            ``(3) Notwithstanding any other provision of law, consortia 
        of owners and operators of fishing vessels or fish processing 
        facilities may apply for loan guarantees under the Fishing 
        Vessel Obligation Guarantee program to finance the construction 
        of processing waste reduction facilities onshore, the 
        installation of processing waste reduction technology on 
        existing vessels, or the conversion of existing vessels for the 
        carriage of fish waste and discards to processing waste 
        reduction facilities. Such authority shall be without regard to 
        the cumulative percentage of foreign ownership of companies 
        within the consortium.
            ``(4) For fiscal years 1995, 1996, 1997, and 1998, $50,000 
        is authorized to be appropriated for the purposes of 
        implementing paragraph (1), and $250,000 is authorized to be 
        appropriated for programs to implement paragraph (2).''.

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S 2022 IS----