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





                                                  Union Calendar No. 82

104th CONGRESS

  1st Session

                                H. R. 39

                          [Report No. 104-171]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 30, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                  Union Calendar No. 82
104th CONGRESS
  1st Session
                                 H. R. 39

                          [Report No. 104-171]

   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

                             June 30, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                                4, 1995]

_______________________________________________________________________

                                 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.

    (a) 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), section 301(b)
 of that Act (adding a definition of the term ``special areas'') shall 
take effect on the date of the enactment of this Act.
    (b) New Amendments.--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) by amending paragraph (21) to read as follows:
            ``(21) The term `optimum', with respect to yield from a 
        fishery, means the amount of fish--
                    ``(A) which will provide the greatest overall 
                benefit to the Nation, with particular reference to 
                food production and recreational opportunities; and
                    ``(B)(i) which, subject to clause (ii), is 
                prescribed as such on the basis of the maximum 
                sustainable yield from such fishery, as modified by any 
                relevant economic, social, or ecological factor; or
                    ``(ii) which, in the case of a fishery which has 
                been classified by the Secretary as overfished, is 
                prescribed as such on the basis of the maximum 
                sustainable yield as reduced to allow for the 
                rebuilding of the fishery to a level consistent with 
                producing maximum sustainable yield on a continuing 
                basis.'';
            (5) in paragraph (31) (as redesignated by the amendments 
        made effective by subsection (a) of this section) 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
            (6) 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 discards 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 `essential fishery habitat' means those 
        waters necessary to fish for spawning, breeding, or growth to 
        maturity.
            ``(38) 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.
            ``(39) 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.
            ``(40) 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) 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 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 Mackerel and Atlantic Herring.--
            (1) Restriction on allocations.--Section 201(e)(1)(A) (16 
        U.S.C. 1821(e)(1)(A)) is amended by adding at the end the 
        following new sentence: ``No allocation may be made for a 
        fishery that is not subject to a fishery management plan 
        prepared under section 303.''.
            (2) Council recommendation required to approve 
        application.--Section 204(b)(6) (16 U.S.C. 1824(b)(6)) is 
        amended--
                    (A) in subparagraph (A) by striking ``subparagraph 
                (B)'' and inserting ``subparagraphs (B) and (C)''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(C)(i) The Secretary may not approve an application which 
        proposes harvest of Atlantic mackerel or Atlantic herring by 
        one or more foreign fishing vessels unless the appropriate 
        Council has recommended that the Secretary approve the portion 
        of the application making that proposal and the Secretary 
        includes the appropriate conditions and restrictions 
        recommended by the Council.
            ``(ii) For purposes of this subparagraph, the term 
        `appropriate Council' means the Mid-Atlantic Fishery Management 
        Council with respect to Atlantic mackerel and the New England 
        Fishery Management Council with respect to Atlantic herring.''.
    (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 
        maximum extent practicable, minimize bycatch.''.

SEC. 8. REGIONAL FISHERY MANAGEMENT COUNCILS.

    (a) Membership of North Carolina on Mid-Atlantic Fishery Management 
Council.--Section 302(a)(2) (16 U.S.C. 1852(a)(2)) is amended--
            (1) by striking ``and Virginia'' and inserting ``Virginia, 
        and North Carolina'';
            (2) by striking ``19'' and inserting ``21''; and
            (3) by striking ``12'' and inserting ``13''.
    (b) Voting Members, Generally.--Section 302(b) (16 U.S.C. 1852(b)) 
is amended--
            (1) in paragraph (2)(B) in the first sentence by inserting 
        before the period the following: ``, and of other individuals 
        selected for their fisheries expertise as demonstrated by their 
        academic training, marine conservation advocacy, consumer 
        advocacy, or other affiliation with nonuser groups''; and
            (2) by adding at the end the following new paragraph:
    ``(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 required under subsection 
        (j)(2)(E) 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 the authority of the 
        Council.''; 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'' in the matter preceding 
        subparagraph (A) 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 background and interests of the person on 
        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 by not 
later than 1 year after the date of the enactment of the Fishery 
Conservation and Management Amendments of 1995, 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.''.
    (j) 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; 
        or''.

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 
                and species of bycatch taken on board a fishing vessel 
                based on a standardized reporting methodology 
                established by the Council for that fishery, 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 a fishery based on the guidelines established by the 
        Secretary under section 304(h)(1);'';
                    (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 maximum extent 
        practicable;
            ``(12) to the extent practicable, minimize mortality caused 
        by economic discards and regulatory discards in the fishery;
            ``(13) take into account the safety of human life at sea; 
        and
            ``(14) in the case of any plan which under subsection 
        (b)(8) requires that observers be carried on board vessels--
                    ``(A) be fair and equitable to all fishing vessels 
                and fish processing vessels, that are vessels of the 
                United States and participate in fisheries covered by 
                the plan;
                    ``(B) be consistent with other applicable laws;
                    ``(C) take into consideration the operating 
                requirements of the fishery and the safety of observers 
                and fishermen; and
                    ``(D) establish a system of fees to pay the costs 
                of the observer program.''.
            (2) Amendment of plans.--Not later than 18 months after the 
        date of enactment of this Act, each Regional Fishery Management 
        Council established under the Magnuson Fishery 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).
            (3) Fish weighing.--By January 1, 1997, the North Pacific 
        Fishery Management Council shall require all fish processors 
        that process fish species under the management of the Council 
        to weigh those fish to ensure an accurate measurement of the 
        total harvest of each species.
    (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 (15); 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) include incentives and harvest preferences within 
        fishing gear groups to promote the avoidance of bycatch;
            ``(12) specify gear types allowed to be used in the fishery 
        and establish a process for evaluating new gear technology that 
        is proposed to be used in the fishery;
            ``(13) reserve a portion of the allowable biological catch 
        of the fishery for use for scientific research purposes;
            ``(14) establish conservation and management measures 
        necessary to minimize, to the extent practicable, adverse 
        impacts on essential fishery habitat described in the plan 
        under subsection (a)(7) caused by fishing; and''.
    (c) Requirement To Submit Fishery Impact Statements to Affected 
States and the Congress.--Section 303 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1853), as amended by section 
16(b), is further amended by adding at the end the following new 
subsection:
    ``(h) Submission of Fishery Impact Statements to Interested States 
and the Congress.--Not later than the date a fishery management plan 
prepared by a Council or the Secretary takes effect under section 304, 
the Council or the Secretary, respectively, shall submit the fishery 
impact statement required in the plan under subsection (a)(9) to--
            ``(1) the Governor of each State that might be affected by 
        the plan, who may use information in the statement to assist 
        persons in applying for loans and grants for economic relief; 
        and
            ``(2) the Committee on Resources of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.''.

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;
            (5) by adding at the end the following:
            ``(4)(A) The Secretary shall establish a plan development 
        team for each highly migratory species fishery over which the 
        Secretary has authority under paragraph (3)(A), 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 knowledgeable about the fishery for which the plan 
                or amendment is developed, selected from members of 
                advisory committees and species working groups 
                appointed under Acts implementing relevant 
                international fishery agreements pertaining to highly 
                migratory species and from other interested persons;
                    ``(ii) be balanced in its representation of 
                commercial, recreational, and other interests; and
                    ``(iii) participate in all aspects of the 
                development of the plan or amendment.
            ``(C) The Federal Advisory Committee Act (5 U.S.C. App.) 
        shall not apply to any plan development team established under 
        this paragraph.''; and
            (6) in paragraph (3)(D) by striking clauses (ii) and (iii) 
        and inserting the following:
            ``(ii) be fair and equitable in allocating fishing 
        privileges among United States fishermen and not have economic 
        allocation as the sole purpose;
            ``(iii) promote international conservation;
            ``(iv) minimize the establishment of regulations that 
        require the discarding of Atlantic highly migratory species 
        which cannot be returned to the sea alive; and
            ``(v) promote the implementation of scientific research 
        programs that include to the extent practicable, the tag, and 
        release of Atlantic highly migratory species.''.
    (c) Limited Access.--Section 304(c)(3) (16 U.S.C. 1854(c)(3)) is 
amended by inserting ``or advisory committee appointed under laws 
implementing relevant international fishery agreements to which the 
United States is a party'' before the period at the end.
    (d) Incidental Harvest Research.--Section 304(g) (16 U.S.C. 
1854(g)) is amended--
            (1) in paragraph (1) by striking ``3-year'';
            (2) by striking paragraph (4) and inserting the following:
    ``(4) No later than 12 months after the enactment of the Fishery 
Conservation and Management Amendments of 1995, the Secretary shall, in 
cooperation with affected interests and based upon the best scientific 
information available, complete a program to--
            ``(A) develop technological devices and other changes in 
        fishing operations to minimize the incidental mortality of 
        nontargeted fishery resources in the course of shrimp trawl 
        activity to the extent practicable from the level of mortality 
        at the date of enactment of the Fishery Conservation and 
        Management Amendments of 1990;
            ``(B) evaluate the ecological impacts and the benefits and 
        costs of such devices and changes in fishing operations; and
            ``(C) assess whether it is practicable to utilize those 
        nontargeted fishery resources which are not avoidable.'';
            (3) in paragraph (6)(B) by striking ``April 1, 1994'' and 
        inserting ``the submission under paragraph (5) of the detailed 
        report on the program described in paragraph (4)''; and
            (4) by adding at the end the following new paragraph:
    ``(7) Any measure implemented under this Act to reduce the 
incidental mortality of nontargeted fishery resources in the course of 
shrimp trawl fishing shall apply to such fishing throughout the range 
of the nontargeted fishery resource concerned.''.
    (e) Essential Fishery Habitat; Overfishing.--Section 304 (16 U.S.C. 
1854) is further amended by adding at the end the following:
    ``(h) Actions by the Secretary on Essential Fishery Habitat.--(1) 
Within one year after the date of enactment of the Fishery Conservation 
and Management Amendments of 1995, the Secretary shall--
            ``(A) establish guidelines to assist the Councils in the 
        description of essential fishery habitat in fishery management 
        plans; and
            ``(B) establish a schedule for the amendment of fishery 
        management plans to describe essential fish habitats.
    ``(2) 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.
    ``(3) Each Federal agency shall consult with the Secretary with 
respect to any action proposed to be authorized, funded, or carried out 
by such agency that the head of the agency has reason to believe, or 
the Secretary believes, may result in the destruction or adverse 
modification of any essential fishery habitat identified by the 
Secretary under paragraph (2). If the Secretary finds that the proposed 
action would result in destruction or adverse modifications of such 
essential fishery habitat, the Secretary shall comment on and make 
recommendations to the agency concerning that action.
    ``(4) Within 15 days after receiving recommendations from the 
Secretary under paragraph (3) with respect to a proposed action, the 
head of a Federal agency shall provide a detailed, written response to 
the Secretary which describes the measures proposed by the agency to 
avoid, mitigate, or offset the adverse impact of the proposed action on 
the essential fishery habitat. In the case of a response that is 
inconsistent with the recommendation of the Secretary, the agency shall 
explain its reasons for not following the recommendations.
    ``(5) The Secretary shall review programs administered by the 
Department of Commerce to ensure that any relevant programs further the 
conservation and enhancement of essential fishery habitat identified by 
the Secretary under paragraph (2). The Secretary shall coordinate with 
and provide information to other Federal agencies to further the 
conservation and enhancement of essential fishery habitat identified by 
the Secretary under paragraph (2).
    ``(6) 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 end overfishing 
in the fishery and to establish a rebuilding program for the fishery. 
The Secretary shall publish each notice under this paragraph in the 
Federal Register.
    ``(2) If the Council does not submit to the Secretary before the 
end of the 1-year period beginning on the date of notification under 
paragraph (1) 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, then the Secretary shall within 9 months after the 
end of that period prepare under subsection (c) a fishery management 
plan, or an amendment to an existing management plan, to end 
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--
            ``(A) within 1 year act under subsection (c) to amend the 
        plan to end overfishing in the fishery and to establish any 
        necessary rebuilding program; and
            ``(B) in the case of a highly migratory species fishery, 
        pursue international rebuilding programs.
    ``(4) Any rebuilding program under this subsection shall specify 
the time period within which the fishery is expected to be rebuilt. The 
time period shall be as short as possible, taking into account the 
biology and natural variability of the stock of fish, other 
environmental factors or conditions which would affect the rebuilding 
program, and the needs of the fishing industry. The time period may not 
exceed 10 years, except in cases where the biology of the stock of fish 
or other environmental factors dictates otherwise.
    ``(5) If the Secretary finds that the action of any Federal agency 
has caused or contributed to the decline of a fishery 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.
    ``(6)(A) The Secretary shall review the progress of any rebuilding 
program required under this subsection beginning in the third year in 
which the plan is in effect, and annually thereafter.
    ``(B) If the Secretary finds as a result of the review that the 
rebuilding program is not meeting its specified goals due to reasons 
related to the reproductive capacity, productivity, life span, or 
natural variability of the fish species concerned or other 
environmental conditions or factors beyond the control of the 
rebuilding program, the Secretary shall--
            ``(i) reassess the goals of the program;
            ``(ii) determine, based on the best available scientific 
        information, whether revision to the program is needed; and
            ``(iii) if the Secretary determines under clause (ii) that 
        such revisions are needed, direct the Council that established 
        the program to make revisions to the program, or in the case of 
        a program established by the Secretary, make such revisions.
    ``(C) If the Secretary finds as a result of the review that the 
rebuilding program is not meeting its specified goals for reasons other 
than those described in subparagraph (B), the Secretary shall direct 
the Council that established the program to make revisions to the 
program, or in the case of a program established by the Secretary, make 
such revisions.
    ``(7)(A) The Secretary shall report annually to the Congress and 
the Councils on the status of fisheries within each Council's 
geographic area of authority and identify those fisheries that are 
approaching a condition of being overfished.
    ``(B) For each fishery that is subject to a fishery management 
plan, the status of the fishery shall be determined for purposes of 
subparagraph (A) in accordance with the determination of what 
constitutes overfishing in the fishery included in the plan under 
section 303(a)(10).
    ``(C) The Secretary shall identify a fishery under subparagraph (A) 
as approaching a condition of being overfished if, based on trends in 
fishing effort, fishery resource size, and other appropriate factors, 
the Secretary determines that the fishery is likely to become 
overfished within 2 years.
    ``(D) For any fishery that the Secretary identifies under 
subparagraph (A) as approaching the condition of being overfished, the 
report shall--
            ``(i) estimate the time frame within which the fishery will 
        reach that condition; and
            ``(ii) make specific recommendations to the appropriate 
        Council regarding actions that should be taken to prevent that 
        condition from being reached.''.
    (f) Action on Certain Implementing Regulations Proposed by 
Councils.--Section 304 (16 U.S.C. 1854) is further amended by adding at 
the end the following:
    ``(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 period of not 
        less than 15 days and not more than 45 days for the submission 
        of comments by the public.
    ``(2) Not later than 75 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).''.
    (g) Pacific Region Stock Assessment.--Section 304 (16 U.S.C. 1854) 
is further amended by adding at the end the following:
    ``(k) Pacific Region Stock Assessment.--(1) Not later than 120 days 
after the date of enactment of the Fishery Conservation and Management 
Amendments of 1995, the Secretary shall, in consultation with the 
Pacific Fishery Management Council and the States of California, 
Oregon, and Washington, establish a Pacific Region Scientific Review 
Group (in this subsection referred to as the `Group') consisting of 
representatives of the National Marine Fisheries Service, each of the 
States of California, Oregon, and Washington, universities located in 
those States, commercial and recreational fishermen and shore-based 
processors located in those States, and environmental organizations. 
Individuals appointed to serve on the Group shall be selected from 
among individuals who are knowledgeable or experienced in the 
harvesting, processing, biology, or ecology of the fish stocks of fish 
that are managed under the Pacific Fisheries Management Council Pacific 
Coast Groundfish Plan (in this subsection referred to as the `covered 
Pacific stocks').
    ``(2) Not later than 180 days after the date of establishment of 
the Group, the Group shall transmit to the Secretary a research plan of 
at least 3 years duration to assess the status of the covered Pacific 
stocks, including the abundance, location, and species, age, and gender 
composition of those stocks. The plan shall provide for the use of 
private vessels to conduct stock surveys.
    ``(3) Immediately upon receiving the plan transmitted under 
paragraph (2), the Secretary shall take action necessary to carry out 
the plan, including, subject to the availability of appropriations, 
chartering private vessels, arranging for the deployment of scientists 
on those vessels (including the payment of increased insurance costs to 
vessel owners), and obtaining the assistance of shore-based fish 
processors.
    ``(4) The Secretary may offset the cost of carrying out the plan by 
entering into agreements with vessel owners or shore-based fish 
processors to provide vessel owners or shore-based fish processors with 
a portion of the total allowable catch reserved for research purposes 
under section 303(b).''.

SEC. 11. EMERGENCY ACTIONS.

    Section 305(c) (16 U.S.C. 1855(c)) is amended--
            (1) in paragraph (2)(A), by inserting ``under section 
        302(b)(1)(A) and (C)'' after ``voting members'';
            (2) 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
            (3) 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.
    ``(5) An emergency regulation promulgated under this subsection 
that closes an area to fishing shall not remain in effect for an 
additional period under paragraph (3)(B) unless before the beginning of 
the additional period the Council having jurisdiction over the area, in 
conjunction with the Secretary, publishes a report on the status of the 
fishery in the area that includes an analysis of the costs and benefits 
of the closure.''.

SEC. 12. STATE JURISDICTION.

    (a) Reports.--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 and the Secretary, 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.''.
    (b) State Authority.--Section 306(b) (16 U.S.C. 1856(b)) is amended 
by adding at the end the following:
    ``(3) For any fishery occurring off the coasts of Alaska for which 
there is no Federal fishery management plan approved and implemented 
pursuant to this Act, or pursuant to delegation to a State in a fishery 
management plan, a State may enforce its laws or regulations pertaining 
to the taking of fish in the exclusive economic zone off that State or 
the landing of fish caught in the exclusive economic zone providing 
there is a legitimate State interest in the conservation and management 
of that fishery, until a Federal fishery management plan is 
implemented. Fisheries currently managed pursuant to a Federal fishery 
management plan shall not be removed from Federal management and placed 
under State authority without the unanimous consent (except for the 
Regional Director of the National Marine Fisheries Service) of the 
Council which developed the fishery management plan.''.

SEC. 13. PROHIBITED ACTS.
    (a) Prohibition on Damaging Gear.--Section 307(1)(K) (16 U.S.C. 
1857(1)(K)) is amended by striking ``to knowingly steal, or without 
authorization, to'' and inserting ``to steal, or to negligently''.
    (b) 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).''.
    (c) 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 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. HAROLD SPARCK BERING SEA COMMUNITY DEVELOPMENT QUOTA PROGRAM.

    Section 313 (16 U.S.C. 1862) is amended by adding at the end the 
following new subsection:
    ``(f) Bering Sea Community Development Quota Program.--(1) The 
North Pacific Fishery Management 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 western Alaska communities that participate in 
the program.
    ``(2) To be eligible to participate in the western Alaska community 
development quota program under paragraph (1), a community must--
            ``(A) 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;
            ``(B) not be located on the Gulf of Alaska coast of the 
        north Pacific Ocean;
            ``(C) meet criteria developed by the Governor of Alaska, 
        approved by the Secretary, and published in the Federal 
        Register;
            ``(D) be certified by the Secretary of the Interior 
        pursuant to the Alaska Native Claims Settlement Act to be a 
        Native village;
            ``(E) consist of residents who conduct more than one-half 
        of their current commercial or subsistence fishing effort in 
        the waters of the Bering Sea and Aleutian Islands management 
        area; and
            ``(F) 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.''.

SEC. 15. OBSERVERS.

    Title III (16 U.S.C. 1851 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. INDIVIDUAL QUOTA LIMITED ACCESS PROGRAMS.

    (a) Authority To Establish Individual Quota Systems.--Section 
303(b)(6) (16 U.S.C. 1853(b)(6)) is amended to read as follows:
            ``(6) establish a limited access system for the fishery in 
        order to achieve optimum yields, if--
                    ``(A) in developing such system, the Councils and 
                the Secretary take into account--
                            ``(i) the need to promote conservation;
                            ``(ii) present participation in the 
                        fishery,
                            ``(iii) historical fishing practices in, 
                        and dependence on, the fishery,
                            ``(iv) the economics of the fishery,
                            ``(v) the capability of fishing vessels 
                        used in the fishery to engage in other 
                        fisheries,
                            ``(vi) the cultural and social framework 
                        relevant to the fishery and local coastal 
                        communities, and
                            ``(vii) any other relevant considerations; 
                        and
                    ``(B) in the case of such a system that provides 
                for the allocation and issuance of individual quotas 
                (as that term is defined in subsection (g)), the plan 
                complies with subsection (g).''.
    (b) Requirements.--Section 303 is further amended by adding at the 
end the following new subsection:
    ``(g) Special Provisions for Individual Quota Systems.--(1) A 
fishery management plan which establishes an individual quota system 
for a fishery--
            ``(A) shall provide for administration of the system by the 
        Secretary in accordance with the terms of the plan;
            ``(B) shall not create, or be construed to create, any 
        right, title, or interest in or to any fish before the fish is 
        harvested;
            ``(C) shall include provisions which establish procedures 
        and requirements for each Council having authority over the 
        fishery, for--
                    ``(i) reviewing and revising the terms of the plan 
                that establish the system; and
                    ``(ii) renewing, reallocating, and reissuing 
                individual quotas if determined appropriate by each 
                Council;
            ``(D) shall include provisions to--
                    ``(i) provide for fair and equitable allocation of 
                individual quotas under the system, and minimize 
                negative social and economic impacts of the system on 
                local coastal communities;
                    ``(ii) ensure adequate enforcement of the system, 
                including the use of observers where appropriate; and
                    ``(iii) provide for monitoring the temporary or 
                permanent transfer of individual quotas under the 
                system; and
            ``(E) include provisions that prevent any person from 
        acquiring an excessive share of individual quotas issued for a 
        fishery.
    ``(2) An individual quota issued under an individual quota system 
established by a fishery management plan--
            ``(A) shall be considered a grant, to the holder of the 
        individual quota, of permission to engage in activities 
        permitted by the individual quota;
            ``(B) may be revoked or limited at any time by the 
        Secretary or the Council having authority over the fishery for 
        which it is issued, if necessary for the conservation and 
        management of the fishery (including as a result of a violation 
        of this Act or any regulation prescribed under this Act);
            ``(C) if revoked or limited by the Secretary or a Council, 
        shall not confer any right of compensation to the holder of the 
        individual quota;
            ``(D) may be received, held, or transferred in accordance 
        with regulations prescribed by the Secretary under this Act;
            ``(E) shall, except in the case of an individual quota 
        allocated under an individual quota system established before 
        the date of enactment of the Fishery Conservation and 
        Management Amendments of 1995, expire not later than 7 years 
        after the date it is issued, in accordance with the terms of 
        the fishery management plan; and
            ``(F) upon expiration under subparagraph (E), may be 
        renewed, reallocated, or reissued if determined appropriate by 
        each Council having authority over the fishery.
    ``(3)(A) Except as provided in subparagraphs (B) and (C), any 
fishery management plan that establishes an individual quota system for 
a fishery may authorize individual quotas to be held by or issued under 
the system to fishing vessel owners, fishermen, crew members, other 
persons as specified by the Council, and United States fish processors.
    ``(B) An individual who is not a citizen of the United States may 
not hold an individual quota issued under a fishery management plan.
    ``(C) A Federal agency or official may not hold, administer, or 
reallocate an individual quota issued under a fishery management plan, 
other than the Secretary and the Council having authority over the 
fishery for which the individual quota is issued.
    ``(4) Any fishery management plan that establishes an individual 
quota system for a fishery may include provisions that--
            ``(A) allocate individual quotas under the system among 
        categories of vessels; and
            ``(B) provide a portion of the annual harvest in the 
        fishery for entry-level fishermen, small vessel owners, or 
        crewmembers who do not hold or qualify for individual quotas.
    ``(5) An individual quota system established for a fishery may be 
limited or terminated at any time by the Secretary or through a fishery 
management plan or amendment developed by the Council having authority 
over the fishery for which it is established, if necessary for the 
conservation and management of the fishery.
    ``(6) As used in this subsection:
            ``(A) The term `individual quota system' means a system 
        that limits access to a fishery in order to achieve optimum 
        yields, through the allocation and issuance of individual 
        quotas.
            ``(B) The term `individual quota' means a grant of 
        permission to harvest or process a quantity of fish in a 
        fishery, during each fishing season for which the permission is 
        granted, equal to a stated percentage of the total allowable 
        catch for the fishery.''.
    (c) Fees.--Section 304(d) is amended--
            (1) by inserting ``(1)'' before ``The Secretary shall''; 
        and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) Notwithstanding paragraph (1), the Secretary shall collect 
from a person that holds or transfers an individual quota issued under 
a limited access system established under section 303(b)(6) fees 
established by the Secretary in accordance with this section and 
section 9701(b) of title 31, United States Code.
    ``(B) The fees required to be established and collected by the 
Secretary under this paragraph are the following:
            ``(i) An initial allocation fee in an amount, determined by 
        the Secretary, equal to 1 percent of the value of fish 
        authorized to be harvested in one year under an individual 
        quota, which shall be collected from the person to whom the 
        individual quota is first issued.
            ``(ii) An annual fee in an amount, determined by the 
        Secretary, not to exceed 4 percent of the value of fish 
        authorized to be harvested each year under an individual quota 
        share, which shall be collected from the holder of the 
        individual quota share.
            ``(iii) A transfer fee in an amount, determined by the 
        Secretary, equal to 1 percent of the value of fish authorized 
        to be harvested each year under an individual quota share, 
        which shall be collected from a person who permanently 
        transfers the individual quota share to another person.
    ``(C) In determining the amount of a fee under this paragraph, the 
Secretary shall ensure that the amount is commensurate with the cost of 
managing the fishery with respect to which the fee is collected, 
including reasonable costs for salaries, data analysis, and other costs 
directly related to fishery management and enforcement.
    ``(D) The Secretary, in consultation with the Councils, shall 
promulgate regulations prescribing the method of determining under this 
paragraph the value of fish authorized to be taken under an individual 
quota share, the amount of fees, and the method of collecting fees.
    ``(E) Fees collected under this paragraph from holders of 
individual quotas in a fishery shall be an offsetting collection and 
shall be available to the Secretary only for the purposes of 
administering and implementing this Act with respect to that fishery.
    ``(F) The Secretary may not assess or collect any fee under this 
paragraph with respect to an individual quota system established before 
the date of enactment of the Fishery Conservation and Management 
Amendments of 1995, during the 5-year period beginning on that date of 
enactment.''.
    (d) Approval of Fishery Management Plans Establishing Individual 
Quota Systems.--Section 304 (16 U.S.C. 1854) is further amended by 
adding after subsection (k) (as added by section 10 of this Act) the 
following new subsection:
    ``(l) Action on Limited Access Systems.--(1) In addition to the 
other requirements of this Act, the Secretary may not approve a fishery 
management plan that establishes a limited access system that provides 
for the allocation of individual quotas (in this subsection referred to 
as an `individual quota system') unless the plan complies with section 
303(g).
    ``(2) Within 1 year after receipt of recommendations from the 
review panel established under paragraph (3), the Secretary shall issue 
regulations which establish requirements for establishing an individual 
quota system. The regulations shall be developed in accordance with the 
recommendations. The regulations shall--
            ``(A) specify factors that shall be considered by a Council 
        in determining whether a fishery should be managed under an 
        individual quota system;
            ``(B) ensure that any individual quota system is consistent 
        with the requirements of sections 303(b) and 303(g), and 
        require the collection of fees in accordance with subsection 
        (d)(2);
            ``(C) provide for appropriate penalties for violations of 
        individual quotas systems, including the revocation of 
        individual quotas for such violations;
            ``(D) include recommendations for potential management 
        options related to individual quotas, including the 
        authorization of individual quotas that may not be transferred 
        by the holder, and the use of
         leases or auctions by the Federal Government in the 
establishment or allocation of individual quotas; and
            ``(E) establish a central lien registry system for the 
        identification, perfection, and determination of lien 
        priorities, and nonjudicial foreclosure of encumbrances, on 
        individual quotas.
    ``(3)(A) Not later than 6 months after the date of the enactment of 
the Fishery Conservation and Management Amendments of 1995, the 
Secretary shall establish a review panel to evaluate fishery management 
plans in effect under this Act that establish a system for limiting 
access to a fishery, including individual quota systems, and other 
limited access systems, with particular attention to--
            ``(i) the success of the systems in conserving and managing 
        fisheries;
            ``(ii) the costs of implementing and enforcing the systems;
            ``(iii) the economic effects of the systems on local 
        communities; and
            ``(iv) the use of limited access systems under which 
        individual quotas may not be transferred by the holder, and the 
        use of leases or auctions in the establishment or allocation of 
        individual quota shares.
    ``(B) The review panel shall consist of--
            ``(i) the Secretary or a designee of the Secretary;
            ``(ii) a representative of each Council, selected by the 
        Council;
            ``(iii) 3 representatives of the commercial fishing and 
        processing industry; and
            ``(iv) one at large representative who is selected by 
        reason of occupational or other experience, scientific 
        expertise, or training, and who is knowledgeable regarding the 
        conservation and management or the commercial or recreational 
        harvest of fishery resources.
    ``(C) Based on the evaluation required under subparagraph (A), the 
review panel shall, by September 30, 1997, submit recommendations--
            ``(i) to the Councils and the Secretary with respect to the 
        revision of individual quota systems that were established 
        under this Act prior to June 1, 1995; and
            ``(ii) to the Secretary for the development of the 
        regulations required under paragraph (2).''.
    (e) Restriction on New Individual Quota Systems Pending 
Regulations.--
            (1) Restriction.--The Secretary of Commerce may not approve 
        any covered quota system plan, and no covered quota system plan 
        shall take effect, under title III of the Magnuson Fishery 
        Conservation and Management Act before the effective date of 
        regulations issued by the Secretary under section 304(l) of 
        that Act, as added by subsection (d).
            (2) Covered quota system plan defined.--In this subsection, 
        the term ``covered quota system plan'' means a fishery 
        management plan or amendment to a fishery management plan, 
        that--
                    (A) proposes establishment of an individual quota 
                system (as that term is used in section 303 of the 
                Magnuson Fishery Conservation and Management Act, as 
                amended by subsection (a) of this section); and
                    (B) is submitted to the Secretary after May 1, 
                1995.
SEC. 17. FISHING CAPACITY REDUCTION PROGRAMS.

    (a) In General.--Title III (16 U.S.C. 1851 et seq.) is further 
amended by adding after section 315 (as added by section 15 of this 
Act) the following new section:

``SEC. 316. FISHING CAPACITY REDUCTION PROGRAMS.

    ``(a) Authority to Conduct Program.--The Secretary, with the 
concurrence of the Council having authority over a fishery, may conduct 
a voluntary fishing capacity reduction program for a fishery in 
accordance with this section, if--
            ``(1) the Secretary--
                    ``(A) determines that the program is necessary for 
                rebuilding, preventing overfishing, or generally 
                improving conservation and management of the fishery; 
                or
                    ``(B) is requested to do so by the Council with 
                authority over the fishery; and
            ``(2) there is in effect under section 304 a fishery 
        management plan that--
                    ``(A) limits access to the fishery through a 
                Federal fishing permit required by a limited access 
                system established under section 303(b)(6); and
                    ``(B) prevents the replacement of fishing capacity 
                eliminated by the program through--
                            ``(i) a moratorium on the issuance of new 
                        Federal fishing permits for the duration of the 
                        repayment period; and
                            ``(ii) restrictions on fishing vessel 
                        capacity upgrading.
    ``(b) Program Requirements.--Under a fishing capacity reduction 
program conducted under this section for a fishery, the Secretary 
shall--
            ``(1) seek to permanently reduce the maximum effective 
        fishing capacity at the least cost and in the shortest period 
        of time through the removal of vessels and permits from the 
        fishery;
            ``(2) make payments to--
                    ``(A) scrap or otherwise render permanently 
                unusable for fishing in the United States, vessels that 
                operate in the fishery; and
                    ``(B) acquire the Federal fishing permits that 
                authorize participation in the fishery;
            ``(3) provide for the funding of those payments by persons 
        that participate in the fishery, by establishing and imposing 
        fees on holders of Federal fishing permits under this Act that 
        authorize that participation;
            ``(4) establish criteria for determining the types of 
        vessels and permits which are eligible to participate in the 
        program, that--
                    ``(A) assess vessel impact on the fishery;
                    ``(B) minimize program costs; and
                    ``(C) take into consideration--
                            ``(i) previous fishing capacity reduction 
                        programs; and
                            ``(ii) the characteristics of the fishery;
            ``(5) establish procedures for determining the amount of 
        payments under paragraph (1); and
            ``(6) identify sources of funding for the program in 
        addition to the amounts referred to in subsection (f)(2)(A), 
        (B), (C), and (D).
    ``(c) Payments.--
            ``(1) In general.--As part of a fishing capacity reduction 
        program under this section, and subject to paragraph (2) the 
        Secretary shall make payments under subsection (b)(2).
            ``(2) Establishment of fee required.--The Secretary may not 
        make any payment under paragraph (1) for a fishery unless there 
        is in effect for the fishery a fee under subsection (d).
            ``(3) Limitation on total amount of payments for fishery.--
        The total amount of payments under paragraph (1) for a fishery 
        may not exceed the total amount the Secretary projects will be 
        deposited into the Fund from fees that apply to the fishery 
        under subsection (d).
    ``(d) Fees.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary, with the concurrence of a majority of the 
        voting members of a Council having authority over a fishery for 
        which a fishing capacity reduction program is conducted under 
        this section, may establish an annual fee on holders of Federal 
        fishing permits authorizing participation in the fishery.
            ``(2) Amount of fee.--The amount of a fee established under 
        this subsection for a fishery described in paragraph (1)--
                    ``(A) shall be adequate to ensure that the total 
                amount collected in the form of the fee will not be 
                less than the amount the Secretary determines is 
                necessary for payments under subsection (b)(2) to 
                reduce fishing capacity in the fishery to a level that 
                will ensure the long-term health of the fishery;
                    ``(B) shall be based on--
                            ``(i) the value of the fishery;
                            ``(ii) the projected number of participants 
                        in the fishery;
                            ``(iii) the projected catch in the fishery; 
                        and
                            ``(iv) the direct costs of implementing a 
                        fishing capacity reduction program under this 
                        section for the fishery; and
                    ``(C) may not exceed, for any permit holder, 5 
                percent of the value of fish harvested under the permit 
                each year.
            ``(3) Effective period.--A fee under this subsection may 
        not be in effect for more than 15 years.
            ``(4) Use of amounts received.--Amounts received by the 
        United States as fees under this subsection--
                    ``(A) shall be deposited into the Fund; and
                    ``(B) may not be used to pay any administrative 
                overhead or other costs not directly incurred in 
                implementing this section with respect to the fishery.
    ``(e) Advisory Panels.--
            ``(1) In general.--The Secretary shall establish for each 
        fishery for which a fishing capacity reduction program is 
        conducted under this section an advisory panel to advise the 
        Secretary regarding that program.
            ``(2) Membership.--Each advisory panel under this 
        subsection shall consist of individuals appointed by the 
        Secretary and shall include representatives of--
                    ``(A) the Department of Commerce,
                    ``(B) Councils having authority over fisheries for 
                which the panel is established,
                    ``(C) appropriate sectors of the fishing industry 
                affected by fishing capacity reduction programs under 
                this sections, and
                    ``(D) appropriate States affected by such programs.
    ``(f) Fisheries Conservation and Restoration Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a separate account which shall be known as 
        the Fisheries Conservation and Restoration Fund (in this 
        section referred to as the `Fund').
            ``(2) Deposits into the fund.--There shall be deposited 
        into the Fund--
                    ``(A) amounts appropriated 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)), popularly known as the 
                Saltonstall-Kennedy Act;
                    ``(B) amounts paid to the United States Government 
                as fees established under subsection (d);
                    ``(C) any other amounts appropriated for fisheries 
                disaster that the Secretary determines should be used 
                for fishing capacity reduction programs under this 
                section; and
                    ``(D) any other amounts appropriated for making 
                payments under subsection (b)(2).
            ``(3) Availability.--
                    ``(A) In general.--Amounts in the Fund shall be 
                available to the Secretary without fiscal year 
                limitation for making payments under subsection (b)(2).
                    ``(B) Management of unneeded balance.--Amounts in 
                the Fund that are not currently needed for the purposes 
                of this section shall be invested in obligations of, or 
                guaranteed by, the United States.
    ``(g) Expiration of Acquired Permits.--Permits acquired by the 
Secretary under subsection (b)(2)(B)--
            ``(1) shall not be effective after the date of that 
        acquisition; and
            ``(2) may not be reissued or replaced.''.
    (b) Use of Amounts Transferred Under Saltonstall-Kennedy Act.--
Section 2(b)(1) of the Act of August 11, 1939 (15 U.S.C. 713c-3(b)(1)), 
popularly known as the Saltonstall-Kennedy Act, is amended in 
subparagraph (A) by striking ``and'' after the semicolon at the end of 
clause (ii), by striking the period at the end of clause (iii) and 
inserting ``; and'', and by adding at the end the following new clause:
                    ``(iv) to fund fishing capacity reduction programs 
                under section 316 of the Magnuson Fishery Conservation 
                and Management Act, by depositing a portion of amounts 
                transferred into the Fisheries Conservation and 
                Restoration Fund established by that section; and''.
SEC. 18. CONSIDERATION OF ABILITY TO PAY PENALTIES.

    Section 308(a) (16 U.S.C. 1858(a)) is amended--
            (1) in the last sentence by striking ``ability to pay,''; 
        and
            (2) by adding at the end the following new sentence: ``In 
        assessing such penalty, the Secretary may also consider facts 
        relating to the ability of the violator to pay that are 
        established by the violator in a timely manner.''.

SEC. 19. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Title IV (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) $114,000,000 for fiscal year 1996.
            ``(2) $118,000,000 for fiscal year 1997.
            ``(3) $122,000,000 for fiscal year 1998.
            ``(4) $126,000,000 for fiscal year 1999.
            ``(5) $130,000,000 for fiscal year 2000.''.
    (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 (including the items relating 
to the sections in that title) and inserting the following:
                  ``TITLE IV--MISCELLANEOUS PROVISIONS

``Sec. 401. Authorization of appropriations.''.
SEC. 20. TECHNICAL CORRECTIONS.

    (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.''.
SEC. 21. CLERICAL AMENDMENTS.

    The Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.) is amended by striking ``Committee on Merchant Marine and 
Fisheries'' each place it appears and inserting ``Committee on 
Resources''.

SEC. 22. PROVISIONS RELATING TO GULF OF MEXICO.

    (a) Fishery Assessments.--Section 304(e) (16 U.S.C. 1854(e)) is 
amended by adding at the end the following new paragraph:
    ``(5) The Secretary shall develop and implement a systematic 
program for the assessment and annual reporting to the public of the 
status of fisheries in the Gulf of Mexico subject to management under 
this Act. Such program shall--
            ``(A) provide for the use of peer-review panels consisting 
        of independent and external experts;
            ``(B) not exclude peer-reviewers merely because they 
        represent entities that may have an interest or potential 
        interest in the outcome, if that interest is fully disclosed to 
        the Secretary;
            ``(C) provide opportunity to become part of a peer-review 
        panel at a minimum by soliciting nominations through the 
        Federal Register; and
            ``(D) ensure that all comment and opinions of such peer-
        review panels are made available to the public.''.
    (b) Fishery Monitoring.--Section 304 (16 U.S.C. 1854) is further 
amended by adding at the end the following new subsection:
    ``(m) Fishery Monitoring.--(1) The Secretary shall develop a plan 
for the Gulf of Mexico region to collect, assess, and report statistics 
concerning the fisheries in each such region.
    ``(2) The plan under this subsection shall--
            ``(A) provide fishery managers and the public with timely 
        and accurate information concerning harvests and fishing 
        effort;
            ``(B) minimize paperwork and regulatory burdens on 
        fishermen and fish buyers;
            ``(C) minimize costs to Federal and State agencies;
            ``(D) avoid duplication and inconsistencies in the 
        collection, assessment, and reporting of fishery statistics; 
        and
            ``(E) ensure the confidentiality of information.
    ``(3) The Secretary shall ensure that fishermen, fish buyers, and 
other individuals potentially impacted by the plan required under this 
subsection are actively involved in all stages of the development of 
such plan and that appropriate fishery management agencies are 
consulted.
    ``(4) No later than 9 months after the date of enactment of the 
Fishery Conservation and Management Amendments of 1995, the Secretary 
shall publish notice of a proposed plan required under this subsection 
and provide the public with a reasonable opportunity to comment on such 
proposed plan. The Secretary shall consider such comments before 
submitting the plan under paragraph (5).
    ``(5) No later than one year after the date of enactment of the 
Fishery Conservation and Management Amendments of 1995, the Secretary 
shall submit a final plan under this subsection to the Committee on 
Resources of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.''.
    (c) Gulf of Mexico Red Snapper Stock Management Study.--
            (1) In general.--The Secretary of Commerce shall have an 
        independent analysis conducted that will evaluate--
                    (A) the methods, data, and models used to assess 
                the status of Gulf of Mexico red snapper stock 
                assessments;
                    (B) the effectiveness of the fishery management 
                plan in effect under the Magnuson Fishery Conservation 
                and Management Act that applies to Gulf of Mexico red 
                snapper, in terms of the appropriateness of the 
                management goal and time frame given the available 
                biological data; and
                    (C) regulations in effect under that Act that apply 
                to Gulf of Mexico red snapper, in the terms of the 
                effectiveness of fairly controlling fishing mortality.
            (2) Study requirements.--The study shall--
                    (A) assess all alternatives that could provide a 
                more balanced and practical approach to managing the 
                red snapper fishery in the Gulf of Mexico;
                    (B) involve commercial and recreational fishermen 
                from the Gulf of Mexico in the collection of data and 
                information and in the development of an accurate 
                assessment plan; and
                    (C) be completed and reported to the Congress and 
                the Gulf of Mexico Fishery Management Council within 1 
                year after the date of the enactment of this Act.
            (3) Use of report.--It is expected for the report on the 
        study under this subsection to be used as the foundation for 
        any future management of red snapper in the Gulf of Mexico by 
        the Gulf of Mexico Fishery Management Council or the National 
        Marine Fisheries Service (or both). It is also expected that 
        the Council will suspend the implementation of any individual 
        fishing quota plan for red snapper in the Gulf of Mexico until 
        the study is completed and until the Secretary of Commerce has 
        completed standards or guidelines.
            (4) Limited immunity.--Individuals providing credible 
        information to receive the most accurate assessments shall not 
        be subject to any catch reporting violations.
SEC. 23. 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 determination 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 the 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(34) of the Magnuson Fishery 
Conservation and Management Act, as amended by section 4 of this Act.
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