[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 39 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                 H. R. 39

   To amend the Magnuson Fishery Conservation and Management Act to 
                     improve fisheries management.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

 Mr. Young of Alaska introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To amend the Magnuson Fishery Conservation and Management Act to 
                     improve fisheries management.

    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 ``Fishery Conservation and Management 
Amendments of 1995''.

SEC. 2. AMENDMENT OF THE 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.).

SEC. 3. FINDINGS, PURPOSES, AND POLICY.

    (a) Findings.--Section 2(a) (16 U.S.C. 1801(a)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``and (B)'' and inserting ``(B)''; 
                and
                    (B) by inserting before the period at the end the 
                following: ``, and (C) losses of essential fishery 
                habitat can diminish the ability of stocks of fish to 
                survive'';
            (2) in paragraph (6) by inserting after ``to insure 
        conservation,'' the following: ``to provide long-term 
        conservation of essential fishery habitat,''; and
            (3) by adding at the end the following:
            ``(9) Continuing loss of essential fishery habitat poses a 
        long-term threat to the viability of commercial and 
        recreational fisheries of the United States. To conserve and 
        manage the fishery resources of the United States, increased 
        attention must be given to the protection of this habitat .''.
    (b) Purposes.--Section 2(b) (16 U.S.C. 1801(b)) is amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(7) to promote the conservation of essential fishery 
        habitat in the review of projects that affect essential fishery 
        habitat; and
            ``(8) to ensure that conservation and management decisions 
        with respect to the Nation's fishery resources are made in a 
        fair and equitable manner.''.
    (c) Policy.--Section 2(c)(3) (16 U.S.C. 1801(c)(3)) is amended by 
inserting after ``practical measures that'' the following: ``minimize 
bycatch and''.

SEC. 4. DEFINITIONS.

    Section 3 (16 U.S.C. 1802) is amended--
            (1) in paragraph (4)--
                    (A) by striking ``Colenterata'' 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'';
            (2) in paragraph (16) by striking ``of one and one half 
        miles'' and inserting ``of two and one-half kilometers'';
            (3) in paragraph (17) by striking ``Pacific Marine 
        Fisheries Commission'' and inserting ``Pacific States Marine 
        Fisheries Commission'';
            (4) in paragraph (31) by striking ``for which a fishery 
        management plan prepared under title III or a preliminary 
        fishery management plan prepared under section 201(h) has been 
        implemented'' and inserting ``regulated under this Act''; and
            (5) by adding at the end the following:
            ``(34) The term `bycatch' means fish which are harvested by 
        a fishing vessel, but which are not sold or kept for personal 
        use, including economic and regulatory discards.
            ``(35) The term `economic discards' means fish which are 
        the target of a fishery, but which are not retained by the 
        fishing vessel which harvested them because they are of an 
        undesirable size, sex, or quality, or for other economic 
        reasons.
            ``(36) The term `regulatory discards' means fish caught in 
        a fishery which fishermen are required by regulation to discard 
        whenever caught, or are required by regulation to retain but 
        not sell.
            ``(37) The term `fishery dependent community' means a 
        community which is substantially dependent on the harvest of 
        fishery resources to meet social and economic needs.
            ``(38) The term `essential fishery habitat' means those 
        areas necessary to fish for spawning, breeding, or growth to 
        maturity.
            ``(39) The term `overfishing' means a level or rate of 
        fishing mortality that jeopardizes the ability of a stock of 
        fish to produce maximum sustainable yield on a continuing 
        basis.
            ``(40) The term `rebuilding program' means those 
        conservation and management measures necessary to restore the 
        ability of a stock of fish to produce maximum sustainable yield 
        on a continuing basis.
            ``(41) The term `total allowable catch' means the total 
        amount of fish in a fishery that may be harvested in a fishing 
        season, as established in accordance with a fishery management 
        plan for the fishery.''.

SEC. 5. FOREIGN FISHING.

    (a) Transshipment Permits.--
            (1) Authority to operate under transshipment permits.--
        Section 201(a)(1) (16 U.S.C. 1821(a)(1)) is amended to read as 
        follows:
            ``(1) is authorized under subsection (b) or (c) or under a 
        permit issued under section 204(d);''.
            (2) Authority to issue transshipment permits.--Section 204 
        (16 U.S.C. 1824) is amended 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 products at sea 
        from a point within the boundaries of any State or the 
        exclusive economic zone 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 the 
        department in which the Coast Guard is operating, any 
        appropriate Council, and any interested State.
            ``(3) Approval of application.--The Secretary may approve 
        an application for a permit under this section if the Secretary 
        determines that--
                    ``(A) the transportation of 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) vessels of the United States do not have 
                adequate capacity, or will not utilize such capacity, 
                to perform the transportation for which the application 
                is submitted.
            ``(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 which shall be complied with by the 
        owner and operator of the vessel for which the permit is 
        issued. The conditions and restrictions shall include the 
        requirements, regulations, and restrictions set forth in 
        subsection (b)(7).
            ``(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.''.
    (b) Foreign Fishing for Atlantic Herring and Atlantic Mackerel.--
Section 201(f) (16 U.S.C. 1801(f)) is amended to read as follows:
    ``(f) Foreign Fishing for Atlantic Herring and Atlantic Mackerel.--
            ``(1) The Congress finds that sufficient United States 
        harvesting capacity exists and will continue to exist at least 
        through 1999 in the Atlantic herring and Atlantic mackerel 
        fisheries so that no surplus exists in those fisheries under 
        the United Nations Convention on the Law of the Sea.
            ``(2) No allocation of Atlantic herring or Atlantic 
        mackerel may be made under subsection (e) before March 17, 
        1999.''.
    (c) Period for Congressional Review of Governing International 
Fishery Agreements.--Section 203 (16 U.S.C. 1823) is amended--
            (1) in subsection (a) by striking ``60 calendar days of 
        continuous session of the Congress'' and inserting ``120 
        calendar days (excluding any days in a period for which the 
        Congress is adjourned sine die)'';
            (2) by striking subsection (c); and
            (3) by redesignating subsection (d) as subsection (c).
    (d) Technical Correction.--
            (1) Correction.--Section 201(e)(1)(E)(iv) (16 U.S.C. 
        1821(e)(1)(E)(iv)) is amended by inserting ``or special areas'' 
        after ``the exclusive economic zone''.
            (2) Application.--The amendment made by paragraph (1) shall 
        take effect on the date it would take effect if it were enacted 
        by section 301(d)(2) 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. 63).

SEC. 6. LARGE-SCALE DRIFT NET FISHING.

    Section 206(e) (16 U.S.C. 1826(e)) is amended to read as follows:
    ``(e) Report.--Not later than March 17th of each year, the 
Secretary, after consultation with the Secretary of State and the 
Secretary of the department in which the Coast Guard is operating, 
shall submit to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Resources of the House of 
Representatives a list of those nations whose nationals or vessels 
conduct, and of those nations that authorize their nationals to 
conduct, large-scale drift net fishing beyond the exclusive economic 
zone of any nation in a manner that diminishes the effectiveness of, or 
is inconsistent with, any international agreement governing large-scale 
drift net fishing to which the United States is a party or otherwise 
subscribes.''.

SEC. 7. NATIONAL STANDARD FOR FISHERY CONSERVATION AND MANAGEMENT TO 
              MINIMIZE BYCATCH.

    Section 301(a) (16 U.S.C. 1851(a)) is amended by adding at the end 
the following:
            ``(8) Conservation and management measures shall, to the 
        extent practicable, minimize bycatch.''.

SEC. 8. REGIONAL FISHERY MANAGEMENT COUNCILS.

    (a) Conforming Amendment.--Section 302(k)(1)(A) (16 U.S.C. 
1852(k)(1)(A)) is amended to read as follows:
            ``(A) is nominated by the Governor of a State for 
        appointment as a voting member of a Council in accordance with 
        subsection (b)(2) or is designated by the Governor of a State 
        under subsection (b)(1)(A) and is not an employee of the 
        State;''.
    (b) Voting Members, Generally.--Section 302(b) (16 U.S.C. 1852(b)) 
is amended by adding at the end the following:
    ``(6) The Secretary shall remove any member of a Council required 
to be appointed by the Secretary in accordance with subsection (b)(2) 
if the member violates section 307(1)(O).''.
    (c) Compensation.--
            (1) Amendment.--Section 302(d) (16 U.S.C. 1852(d)) is 
        amended in the first sentence--
                    (A) by striking ``each Council,'' and inserting 
                ``each Council who are required to be appointed by the 
                Secretary and''; and
                    (B) by striking ``shall, until January 1, 1992,'' 
                and all that follows through ``GS-16'' and inserting 
                the following: ``shall receive compensation at a daily 
                rate equivalent to the lowest rate of pay payable for 
                GS-15,''.
            (2) Effective date.--The amendment made by paragraph (1)(B) 
        shall take effect on January 1, 1996.
    (d) Transaction of Business.--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) Communications With Federal Agencies Regarding Essential and 
Other Fishery Habitat.--Section 302(i) (16 U.S.C. 1852(i)) is amended--
            (1) in paragraph (1), by striking ``and'' after the 
        semicolon at the end of subparagraph (A) and striking the 
        period at the end of subparagraph (B) and inserting ``; and'';
            (2) by adding at the end of paragraph (1) the following:
            ``(C) shall notify the Secretary regarding, and may comment 
        on and make recommendations to any State or Federal agency 
        concerning, any activity undertaken, or proposed to be 
        undertaken, by any State or Federal agency that, in the view of 
        the Council, may have a detrimental effect on the essential 
        fishery habitat of a fishery under its jurisdiction.''; and
            (3) by amending paragraph (2) to read as follows:
    ``(2) Within 15 days after receiving a comment or recommendation 
under paragraph (1) from a Council regarding the effects of an activity 
on essential fishery habitat, a Federal agency shall provide to the 
Council a detailed response in writing. The response shall include a 
description of measures being considered 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 Council, the Federal agency shall explain its reasons for not 
following the recommendations.''.
    (h) Procedural Matters.--Section 302(j)(2) (16 U.S.C. 1852(j)(2)) 
is amended--
            (1) by striking ``guidelines'' and inserting ``shall'';
            (2) in subparagraph (C), by inserting after ``fishery)'' 
        the following: ``sufficiently in advance of the meeting to 
        allow meaningful public participation in the meeting,'';
            (3) by adding at the end of subparagraph (D) the following: 
        ``The written statement or oral testimony shall include a brief 
        description of the qualifications and interests of the person 
        in the subject of the written statement or oral testimony.'';
            (4) by amending subparagraph (E) to read as follows:
            ``(E) Detailed minutes of each meeting of the Council 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 reports received, 
        issued, or approved by the Council. The Chairman shall certify 
        the accuracy of the minutes of each meeting and submit a copy 
        thereof to the Secretary. The minutes shall be made available 
        to any court of competent jurisdiction.''; and
            (5) by adding at the end the following:
            ``(G) A Council member may add an item to the agenda of a 
        meeting of a Council or of a committee or advisory panel of a 
        Council by presenting to the Chairman of the Council, 
        committee, or panel, at least 21 days before the date of the 
        meeting, a written description of the item signed by 2 or more 
        voting members of the Council.''.
    (i) Disclosure of Financial Interest and Recusal.--Section 302(k) 
(16 U.S.C. 1852(k)) is amended--
            (1) in the heading by inserting ``and Recusal'' before the 
        period;
            (2) in paragraph (1)--
                    (A) in subparagraph (A) by inserting ``or'' after 
                the semicolon at the end;
                    (B) in subparagraph (B) by striking ``; or'' at the 
                end and inserting a period; and
                    (C) by striking subparagraph (C);
            (3) in paragraph (3)(B) by striking ``or (C)'';
            (4) in paragraph (5)--
                    (A) in subparagraph (A) by striking ``and'' at the 
                end;
                    (B) in subparagraph (B) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) be kept on file by the Secretary for use in 
                reviewing Council actions and made available by the 
                Secretary for public inspection at reasonable hours.'';
            (5) in paragraph (6) by striking ``or (c)'';
            (6) in paragraph (7) by striking ``or (C)''; and
            (7) by adding at the end the following:
    ``(8) The Secretary, in consultation with the Councils, and not 
later than January 1, 1996, shall establish rules which prohibit an 
affected individual from voting on a matter in which the individual or 
any other person described in paragraph (2) with respect to the 
individual has an interest that would be significantly affected. The 
rules may include provisions which take into account the differences in 
fisheries.
    ``(9) A voting member of a Council shall recuse himself or herself 
from voting if--
            ``(A) voting by the member would violate the rules 
        established under paragraph (8); or
            ``(B) the General Counsel of the National Oceanic and 
        Atmospheric Administration (or a designee of the General 
        Counsel under paragraph (10)(C)(ii)) determines under paragraph 
        (10) that voting by the member would violate the rules 
        established under paragraph (8).
    ``(10)(A) Before any vote held by a Council on any matter, a voting 
member of the Council may, at a meeting of the Council, request the 
General Counsel of the National Oceanic and Atmospheric Administration 
(or a designee of the General Counsel under subparagraph (C)(ii)) to 
determine whether voting on the matter by the member, or by any other 
member of the Council, would violate the rules established under 
paragraph (8).
    ``(B) Upon a request under subparagraph (A) regarding voting on a 
matter by a member--
            ``(i) the General Counsel of the National Oceanic and 
        Atmospheric Administration (or a designee of the General 
        Counsel under subparagraph (C)(ii)) shall determine and state 
        whether the voting would violate the rules established under 
        paragraph (8), at the meeting at which the request is made; and
            ``(ii) no vote on the matter may be held by the Council 
        before the determination and statement are made.
    ``(C) The General Counsel of the National Oceanic and Atmospheric 
Administration shall--
            ``(i) attend each meeting of a Council; or
            ``(ii) designate an individual to attend each meeting of a 
        Council for purposes of this paragraph.
    ``(11) For the purposes of this subsection, the term `an interest 
that would be significantly affected' means a personal financial 
interest which would be augmented by voting on the matter and which 
would only be shared by a minority of other persons within the same 
industry sector or gear group whose activity would be directly affected 
by a Council's action.''.

SEC. 9. CONTENTS OF FISHERY MANAGEMENT PLANS.

    (a) Required Provisions.--
            (1) New requirements.--Section 303(a) (16 U.S.C. 1853(a)) 
        is amended--
                    (A) in paragraph (5) by striking ``and the 
                estimated processing capacity of, and the actual 
                processing capacity utilized by, United States fish 
                processors,'' and inserting the following: ``the amount 
                (in numbers or weight) and species of bycatch taken on 
                board a fishing vessel, and the estimated processing 
                capacity of, and the actual processing capacity 
                utilized by, United States fish processors;'';
                    (B) by amending paragraph (7) to read as follows:
            ``(7) include a description of essential fishery habitat 
        for the fishery and conservation and management measures 
        necessary to minimize adverse impacts on that habitat caused by 
        fishing;'';
                    (C) in paragraph (8) by striking ``and'' after the 
                semicolon at the end;
                    (D) in paragraph (9) by striking the period at the 
                end and inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(10) include a measurable and objective determination of 
        what constitutes overfishing in that fishery, and a rebuilding 
        program in the case of a plan for any fishery which the Council 
        or the Secretary has determined is overfished;
            ``(11) include conservation and management measures 
        necessary to minimize bycatch to the extent practicable, 
        including, as appropriate, incentives and harvest preferences 
        within a fishing gear group to promote avoidance of bycatch;
            ``(12) to the extent practicable, minimize mortality caused 
        by economic and regulatory discards in the fishery; and
            ``(13) take into account the safety of human life at 
        sea.''.
            (2) Amendment of plans.--Not later than one year after the 
        date of enactment of this Act, each Regional Fishing Management 
        Council established under the Magnuson Fishing Conservation and 
        Management Act shall submit to the Secretary of Commerce an 
        amendment to each fishery management plan in effect under that 
        Act to comply with the amendments made by paragraph (1).
    (b) Amendments Relating to Discretionary Provisions, Generally.--
Section 303(b) (16 U.S.C. 1853(b)) is amended--
            (1) in paragraph (8) in the matter preceding the first 
        semicolon, by striking ``require that observers'' and inserting 
        ``require that one or more observers'';
            (2) in paragraph (9) by striking ``and'' after the 
        semicolon;
            (3) by redesignating paragraph (10) as paragraph (11); and
            (4) by inserting after paragraph (9) the following:
            ``(10) assess and specify the effect which conservation and 
        management measures of the plan will have on stocks of fish in 
        the ecosystem of the fishery which are not part of the fishery;
            ``(11) contain conservation and management measures 
        reserving a portion of the total allowable catch for the use of 
        fishery dependent communities; and''.

SEC. 10. AMENDMENTS RELATING TO MISCELLANEOUS DUTIES OF SECRETARY.

    (a) Safety at Sea.--Section 304(a)(2)(C) (16 U.S.C. 1854(a)(2)(C)) 
is amended by striking ``to fishery access'' and all that follows 
through the period and inserting ``with respect to the provisions of 
sections 303(a)(6) and (13).''.
    (b) Highly Migratory Species.--Section 304(f) (16 U.S.C. 1854(f)) 
is amended--
            (1) by striking the subsection heading and inserting the 
        following: ``Fisheries Under Authority of More Than One 
        Council.--'';
            (2) in paragraph (3)(C)(ii) by inserting before the 
        semicolon the following: ``and the plan development team 
        established under paragraph (4)'';
            (3) in paragraph (3)(E), strike ``allocation or quota'' 
        each place it appears and insert ``allocation, quota, or 
        fishing mortality level'';
            (4) in paragraph (3)(F)(ii) by inserting ``and the plan 
        development team established under paragraph (4)'' before the 
        semicolon; and
            (5) by adding at the end the following:
            ``(4)(A) The Secretary shall establish a plan development 
        team for each highly migratory species fishery to advise the 
        Secretary on and participate in the development of each fishery 
        management plan or amendment to a plan for the fishery under 
        this subsection.
            ``(B) The plan development team shall--
                    ``(i) consist of not less than 7 individuals who 
                are members of an advisory committee or a species 
                working group established under section 4 or 4A, 
                respectively, of the Atlantic Tunas Convention Act of 
                1975 and who are knowledgeable about the fishery for 
                which the plan is being developed; and
                    ``(ii) participate in all aspects of the 
                development of the plan or amendment developed by the 
                Secretary under this subsection.
            ``(C) The Federal Advisory Committee Act (5 U.S.C. App.) 
        shall not apply to any plan development team established under 
        this paragraph.''.
    (c) Incidental Harvest Research.--Section 304(g)(1) (16 U.S.C. 
1854(g)(1)) is amended by striking ``3-year''.
    (d) Essential Fishery Habitat; Overfishing.--Section 304 (16 U.S.C. 
1854) is further amended by adding at the end the following:
    ``(h) Actions of the Secretary on Essential Fishery Habitat.--(1) 
The Secretary, in cooperation with the Secretary of the Interior, shall 
identify the essential fishery habitat for each fishery for which a 
fishery management plan is in effect. The identification shall be based 
on the description of essential fishery habitat contained in the plan. 
The identification shall be provided to the appropriate Council and 
made available to the public.
    ``(2) If the Secretary receives information from a Council or 
determines from other sources that an action authorized, funded, 
carried out, or proposed to be carried out by any Federal agency may 
result in the destruction or adverse modification of any essential 
fishery habitat identified under paragraph (1), the Secretary shall 
comment on and make recommendations to the Federal agency concerning 
that action.
    ``(3) Within 15 days after receiving a comment or recommendation 
from the Secretary under paragraph (2), the Federal agency shall 
provide a detailed response, in writing, to the Secretary which 
includes a description of measures being considered by the agency for 
avoiding, mitigating, or offsetting the adverse impact of the activity 
of the agency on essential fishery habitat. In the case of a response 
that is inconsistent with a recommendation from the Secretary, the 
Federal agency shall explain the reasons for not following the 
recommendations.
    ``(4) Nothing in this subsection shall have the effect of amending 
or repealing any other law or regulation or modifying any other 
responsibility of a Federal agency with respect to fisheries habitat.
    ``(i) Action by the Secretary on Overfishing.--(1) In addition to 
the authority granted to the Secretary under subsection (c), if the 
Secretary finds at any time that overfishing is occurring or has 
occurred in any fishery, the Secretary shall immediately notify the 
appropriate Council and request that action be taken to halt 
overfishing in the fishery and to establish a program to rebuild the 
fishery within a reasonable time. The Secretary shall publish each 
notification under this paragraph in the Federal Register.
    ``(2) If the Council does not submit to the Secretary a fishery 
management plan, or an amendment to the appropriate existing fishery 
management plan, which is intended to address overfishing in the 
fishery and to establish any necessary rebuilding program before the 
end of the 1-year period beginning on the date of notification under 
paragraph (1), then the Secretary shall prepare under subsection (c) a 
fishery management plan, or an amendment to an existing management 
plan, to halt overfishing in the fishery and to establish any necessary 
rebuilding program.
    ``(3) If the Secretary finds that overfishing is occurring in any 
fishery for which a fishery management plan prepared by the Secretary 
is in effect, the Secretary shall act under subsection (c) to amend the 
plan to halt overfishing in the fishery and to establish any necessary 
rebuilding program.
    ``(4) If the Secretary finds that the action of any Federal agency 
has caused or contributed to the decline of a stock of fish below 
maximum sustainable yield, the Secretary shall notify the agency of the 
Secretary's finding and recommend steps that can be taken by the agency 
to reverse that decline.
    ``(j) Action on Covered Implementing Regulations Proposed by a 
Council.--(1) After the receipt date of a covered implementing 
regulation submitted by a Council, the Secretary shall--
            ``(A) immediately commence a review of the covered 
        implementing regulation to determine whether it is consistent 
        with the fishery management plan it would implement, the 
        national standards, the other provisions of this Act, and any 
other applicable law; and
            ``(B) immediately publish the covered implementing 
        regulation in the Federal Register and provide a 30-day period 
        for the submission of comments by the public.
    ``(2) Not later than 60 days after the receipt date of a covered 
implementing regulation submitted by a Council, the Secretary shall--
            ``(A) publish a final regulation on the subject matter of 
        the covered implementing regulation; or
            ``(B) decline to publish a final regulation.
``The Secretary shall provide to the Council in writing an explanation 
of the reasons for the Secretary's action.
    ``(3) For the purposes of this subsection, the term--
            ``(A) `receipt date' means the 5th day after the day on 
        which a Council submits to the Secretary a covered implementing 
        regulation that the Council characterizes as a final covered 
        implementing regulation; and
            ``(B) `covered implementing regulation'--
                    ``(i) means a proposed amendment to existing 
                regulations implementing a fishery management plan in 
                effect under this Act, which does not have the effect 
                of amending the plan; and
                    ``(ii) does not include any proposed regulation 
                submitted with a plan or amendment to a plan under 
                section 303(c).''.

SEC. 11. EMERGENCY ACTIONS.

    Section 305(c) (16 U.S.C. 1855(c)) is amended--
            (1) by amending paragraph (3)(B) to read as follows:
            ``(B) shall remain in effect for not more than 180 days 
        after the date of such publication, except that any such 
        regulation may, by agreement of the Secretary and the Council 
        and after notice and an opportunity for submission of comments 
        by the public, be effective for 1 additional period of not more 
        than 180 days; and''; and
            (2) by adding at the end the following:
    ``(4) The Secretary may promulgate emergency regulations under this 
subsection to protect the public health. Notwithstanding paragraph (3), 
regulations promulgated under this paragraph shall remain in effect 
until withdrawn by the Secretary. The Secretary shall promptly withdraw 
regulations under this paragraph when the circumstances requiring the 
regulations no longer exist. The Secretary shall provide an opportunity 
for submission of comments by the public after regulations are 
promulgated under this paragraph.''.

SEC. 12. STATE JURISDICTION.

    Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) the owner or operator of the vessel submits 
                to the appropriate Council, in a manner prescribed by 
                the Secretary, periodic reports on the tonnage of fish 
                received from vessels of the United States and the 
                locations from which such fish were harvested.''.

SEC. 13. PROHIBITED ACTS.

    (a) Failure To Disclose Financial Information.--Section 307(1) (16 
U.S.C. 1857(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (M);
            (2) by striking the period at the end of subparagraph (N) 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(O) to knowingly and willfully fail to disclose 
                or falsely disclose any financial interest as required 
                under section 302(k) or to knowingly violate any rule 
                established under section 302(k)(8).''.
    (b) Prohibited Fishing.--
            (1) In general.--Section 307(2)(B) (16 U.S.C. 1857(2)(B)) 
        is amended to read as follows:
                    ``(B) in fishing, except recreational fishing 
                permitted under section 201(j), within the exclusive 
                economic zone or within the special areas, or for any 
                anadromous species or Continental Shelf fishery 
                resources beyond such zone or areas, or in fishing 
                consisting of transporting fish products from a point 
                within the boundaries of any State or the exclusive 
                economic zone or the special areas, unless such fishing 
                is authorized under, and conducted in accordance with, 
                a valid and applicable permit issued under section 204, 
                except that this subparagraph shall not apply to 
                fishing within the special areas (as that term is 
                defined in the amendment set forth in section 301(b)(2) 
                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. 62)) 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; or''.
            (2) Conforming amendment.--Section 301(h)(2)(A) 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. 64), is repealed.

SEC. 14. 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''; and
            (2) by adding at the end the following:
    ``(f) Reduction of Waste.--
            ``(1) No later than July 1, 1996, the North Pacific Fishery 
        Management Council shall recommend for each fishery management 
        plan under its jurisdiction conservation and management 
        measures, including incentives, to reduce bycatch in each 
        fishery. Any such system of 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 July 1, 1997, the North Pacific 
        Fishery Management Council shall recommend 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, economic discards, and regulatory discards.
            ``(3) The conservation and management measures recommended 
        by the Council under paragraph (1) may include a harvest 
        preference to fishing and processing practices within each gear 
        group that result in the lowest levels of economic discards, 
        processing waste, regulatory discards, and other 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), 
        regulatory discards and other bycatch, in that order.
            ``(4) In determining the level of target species catch, 
        economic discard, regulatory discards, other bycatch, and 
        processing waste, the Council and Secretary shall base such 
        determinations on observer data or the best available 
        information.
    ``(g) Definition.--For the purposes of this section the term 
`processing waste' means that portion of a fish which is processed and 
which could be used for human consumption or other commercial sue, but 
which is not so used.''.

SEC. 15. OBSERVERS.

    Title III of the Magnuson Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.) is amended by adding at the end the following:

``SEC. 315. RIGHTS OF OBSERVERS.

    ``(a) Civil Action.--An observer on a vessel (or the observer's 
personal representative) under the requirements of this Act or the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) that is 
ill, disabled, injured, or killed from service as an observer on that 
vessel may not bring a civil action under any law of the United States 
for that illness, disability for that illness, disability, injury, or 
death against the vessel or vessel owner, except that a civil action 
may be brought against the vessel owner for the owner's willful 
misconduct.
    `'(b) Exception.--Subsection (a) does not apply if the observer is 
engaged by the owner, master, or individual in charge of a vessel to 
perform any duties in service to the vessel.''.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Title IV of the Magnuson Fishery Conservation and 
Management Act (90 Stat. 359-361) is amended to read as follows:

                  ``TITLE IV--MISCELLANEOUS PROVISIONS

``SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary, for 
carrying out this Act, the following:
            ``(1) $106,000,000 for fiscal year 1994.
            ``(2) $110,000,000 for fiscal year 1995.
            ``(3) $114,000,000 for fiscal year 1996.
            ``(4) $118,000,000 for fiscal year 1997.
            ``(5) $122,000,000 for fiscal year 1998.
            ``(6) $126,000,000 for fiscal year 1999.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the Magnuson Fishery Conservation and Management Act is amended by 
striking the items relating to title IV and the sections in that title 
and inserting the following:

                  ``TITLE IV--MISCELLANEOUS PROVISIONS

``Sec. 401. Authorization of appropriations.''.

SEC. 17. TECHNICAL CORRECTION.

    (a) Correction.--Section 304 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. 65), 
is repealed.
    (b) Conforming Amendment.--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 outer 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.''.
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