[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 39 Enrolled Bill (ENR)]

        S.39

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 An Act


 
    To amend the Magnuson Fishery Conservation and Management Act to 
authorize appropriations, to provide for sustainable fisheries, and for 
                             other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sustainable 
Fisheries Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson Fishery Conservation and Management Act.

                  TITLE I--CONSERVATION AND MANAGEMENT

Sec. 101. Findings; purposes; policy.
Sec. 102. Definitions.
Sec. 103. Authorization of appropriations.
Sec. 104. Highly migratory species.
Sec. 105. Foreign fishing and international fishery agreements.
Sec. 106. National standards.
Sec. 107. Regional fishery management councils.
Sec. 108. Fishery management plans.
Sec. 109. Action by the Secretary.
Sec. 110. Other requirements and authority.
Sec. 111. Pacific community fisheries.
Sec. 112. State jurisdiction.
Sec. 113. Prohibited acts.
Sec. 114. Civil penalties and permit sanctions; rebuttable presumptions.
Sec. 115. Enforcement.
Sec. 116. Transition to sustainable fisheries.
Sec. 117. North Pacific and northwest Atlantic Ocean fisheries.

                TITLE II--FISHERY MONITORING AND RESEARCH

Sec. 201. Change of title.
Sec. 202. Registration and information management.
Sec. 203. Information collection.
Sec. 204. Observers.
Sec. 205. Fisheries research.
Sec. 206. Incidental harvest research.
Sec. 207. Miscellaneous research.
Sec. 208. Study of contribution of bycatch to charitable organizations.
Sec. 209. Study of identification methods for harvest stocks.
Sec. 210. Review of Northeast fishery stock assessments.
Sec. 211. Clerical amendments.

                     TITLE III--FISHERIES FINANCING

Sec. 301. Short title.
Sec. 302. Individual fishing quota loans.
Sec. 303. Fisheries financing and capacity reduction.

            TITLE IV--MARINE FISHERY STATUTE REAUTHORIZATIONS

Sec. 401. Marine fish program authorization of appropriations.
Sec. 402. Interjurisdictional Fisheries Act amendments.
Sec. 403. Anadromous fisheries amendments.
Sec. 404. Atlantic coastal fisheries amendments.
Sec. 405. Technical amendments to maritime boundary agreement.
Sec. 406. Amendments to the Fisheries Act.
SEC. 2. AMENDMENT OF MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT.
    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).

                  TITLE I--CONSERVATION AND MANAGEMENT

SEC. 101. FINDINGS; PURPOSES; POLICY.

    Section 2 (16 U.S.C. 1801) is amended--
        (1) by striking subsection (a)(2) and inserting the following:
        ``(2) Certain stocks of fish have declined to the point where 
    their survival is threatened, and other stocks of fish have been so 
    substantially reduced in number that they could become similarly 
    threatened as a consequence of (A) increased fishing pressure, (B) 
    the inadequacy of fishery resource conservation and management 
    practices and controls, or (C) direct and indirect habitat losses 
    which have resulted in a diminished capacity to support existing 
    fishing levels.'';
        (2) by inserting ``to facilitate long-term protection of 
    essential fish habitats,'' in subsection (a)(6) after 
    ``conservation,'';
        (3) by adding at the end of subsection (a) the following:
        ``(9) One of the greatest long-term threats to the viability of 
    commercial and recreational fisheries is the continuing loss of 
    marine, estuarine, and other aquatic habitats. Habitat 
    considerations should receive increased attention for the 
    conservation and management of fishery resources of the United 
    States.
        ``(10) Pacific Insular Areas contain unique historical, 
    cultural, legal, political, and geographical circumstances which 
    make fisheries resources important in sustaining their economic 
    growth.'';
        (4) by striking ``principles;'' in subsection (b)(3) and 
    inserting ``principles, including the promotion of catch and 
    release programs in recreational fishing;'';
        (5) by striking ``and'' after the semicolon at the end of 
    subsection (b)(5);
        (6) by striking ``development.'' in subsection (b)(6) and 
    inserting ``development in a non-wasteful manner; and'';
        (7) by adding at the end of subsection (b) the following:
        ``(7) to promote the protection of essential fish habitat in 
    the review of projects conducted under Federal permits, licenses, 
    or other authorities that affect or have the potential to affect 
    such habitat.'';
        (8) in subsection (c)(3)--
            (A) by striking ``promotes'' and inserting ``considers''; 
        and
            (B) by inserting ``minimize bycatch and'' after ``practical 
        measures that'';
        (9) striking ``and'' at the end of paragraph (c)(5);
        (10) striking the period at the end of paragraph (c)(6) and 
    inserting ``; and''; and
        (11) adding at the end of subsection (c) a new paragraph as 
    follows:
        ``(7) to ensure that the fishery resources adjacent to a 
    Pacific Insular Area, including resident or migratory stocks within 
    the exclusive economic zone adjacent to such areas, be explored, 
    developed, conserved, and managed for the benefit of the people of 
    such area and of the United States.''.

SEC. 102. DEFINITIONS.

    Section 3 (16 U.S.C. 1802) is amended--
        (1) by redesignating paragraphs (2) through (32) as paragraphs 
    (5) through (35) respectively, and inserting after paragraph (1) 
    the following:
        ``(2) The term `bycatch' means fish which are harvested in a 
    fishery, but which are not sold or kept for personal use, and 
    includes economic discards and regulatory discards. Such term does 
    not include fish released alive under a recreational catch and 
    release fishery management program.
        ``(3) The term `charter fishing' means fishing from a vessel 
    carrying a passenger for hire (as defined in section 2101(21a) of 
    title 46, United States Code) who is engaged in recreational 
    fishing.
        ``(4) The term `commercial fishing' means fishing in which the 
    fish harvested, either in whole or in part, are intended to enter 
    commerce or enter commerce through sale, barter or trade.'';
        (2) in paragraph (7) (as redesignated)--
            (A) by striking ``COELENTERATA'' from the heading of the 
        list of corals and inserting ``CNIDARIA''; and
            (B) in the list appearing under the heading ``CRUSTACEA'', 
        by striking ``Deep-sea Red Crab--Geryon quinquedens'' and 
        inserting ``Deep-sea Red Crab--Chaceon quinquedens'';
        (3) by redesignating paragraphs (9) through (35) (as 
    redesignated) as paragraphs (11) through (37), respectively, and 
    inserting after paragraph (8) (as redesignated) the following:
        ``(9) The term `economic discards' means fish which are the 
    target of a fishery, but which are not retained because they are of 
    an undesirable size, sex, or quality, or for other economic 
    reasons.
        ``(10) The term `essential fish habitat' means those waters and 
    substrate necessary to fish for spawning, breeding, feeding or 
    growth to maturity.'';
        (4) by redesignating paragraphs (16) through (37) (as 
    redesignated) as paragraphs (17) through (38), respectively, and 
    inserting after paragraph (15) (as redesignated) the following:
        ``(16) The term `fishing community' means a community which is 
    substantially dependent on or substantially engaged in the harvest 
    or processing of fishery resources to meet social and economic 
    needs, and includes fishing vessel owners, operators, and crew and 
    United States fish processors that are based in such community.'';
        (5) by redesignating paragraphs (21) through (38) (as 
    redesignated) as paragraphs (22) through (39), respectively, and 
    inserting after paragraph (20) (as redesignated) the following:
        ``(21) The term `individual fishing quota' means a Federal 
    permit under a limited access system to harvest a quantity of fish, 
    expressed by a unit or units representing a percentage of the total 
    allowable catch of a fishery that may be received or held for 
    exclusive use by a person. Such term does not include community 
    development quotas as described in section 305(i).'';
        (6) by striking ``of one and one-half miles'' in paragraph (23) 
    (as redesignated) and inserting ``of two and one-half kilometers'';
        (7) by striking paragraph (28) (as redesignated), and inserting 
    the following:
        ``(28) The term `optimum', with respect to the yield from a 
    fishery, means the amount of fish which--
            ``(A) will provide the greatest overall benefit to the 
        Nation, particularly with respect to food production and 
        recreational opportunities, and taking into account the 
        protection of marine ecosystems;
            ``(B) is prescribed on the basis of the maximum sustainable 
        yield from the fishery, as reduced by any relevant social, 
        economic, or ecological factor; and
            ``(C) in the case of an overfished fishery, provides for 
        rebuilding to a level consistent with producing the maximum 
        sustainable yield in such fishery.'';
        (8) by redesignating paragraphs (29) through (39) (as 
    redesignated) as paragraphs (31) through (41), respectively, and 
    inserting after paragraph (28) (as redesignated) the following:
        ``(29) The terms `overfishing' and `overfished' mean a rate or 
    level of fishing mortality that jeopardizes the capacity of a 
    fishery to produce the maximum sustainable yield on a continuing 
    basis.
        ``(30) The term `Pacific Insular Area' means American Samoa, 
    Guam, the Northern Mariana Islands, Baker Island, Howland Island, 
    Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Wake 
    Island, or Palmyra Atoll, as applicable, and includes all islands 
    and reefs appurtenant to such island, reef, or atoll.'';
        (9) by redesignating paragraphs (32) through (41) (as 
    redesignated) as paragraphs (34) through (43), respectively, and 
    inserting after paragraph (31) (as redesignated) the following:
        ``(32) The term `recreational fishing' means fishing for sport 
    or pleasure.
        ``(33) The term `regulatory discards' means fish harvested in a 
    fishery which fishermen are required by regulation to discard 
    whenever caught, or are required by regulation to retain but not 
    sell.'';
        (10) by redesignating paragraphs (36) through (43) (as 
    redesignated) as paragraphs (37) through (44), respectively, and 
    inserting after paragraph (35) (as redesignated) the following:
        ``(36) The term `special areas' means the areas referred to as 
    eastern special areas in Article 3(1) of the Agreement between the 
    United States of America and the Union of Soviet Socialist 
    Republics on the Maritime Boundary, signed June 1, 1990. In 
    particular, the term refers to those areas east of the maritime 
    boundary, as defined in that Agreement, that lie within 200 
    nautical miles of the baselines from which the breadth of the 
    territorial sea of Russia is measured but beyond 200 nautical miles 
    of the baselines from which the breadth of the territorial sea of 
    the United States is measured.'';
        (11) by striking ``for which a fishery management plan prepared 
    under title III or a preliminary fishery management plan prepared 
    under section 201(g) has been implemented'' in paragraph (42) (as 
    redesignated) and inserting ``regulated under this Act''; and
        (12) by redesignating paragraph (44) (as redesignated) as 
    paragraph (45), and inserting after paragraph (43) the following:
        ``(44) The term `vessel subject to the jurisdiction of the 
    United States' has the same meaning such term has in section 3(c) 
    of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
    1903(c)).''.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

    The Act is amended by inserting after section 3 (16 U.S.C. 1802) 
the following:

``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary for the 
purposes of carrying out the provisions of this Act, not to exceed the 
following sums:
        ``(1) $147,000,000 for fiscal year 1996;
        ``(2) $151,000,000 for fiscal year 1997;
        ``(3) $155,000,000 for fiscal year 1998; and
        ``(4) $159,000,000 for fiscal year 1999.''.

SEC. 104. HIGHLY MIGRATORY SPECIES.

    Section 102 (16 U.S.C. 1812) is amended by striking ``promoting the 
objective of optimum utilization'' and inserting ``shall promote the 
achievement of optimum yield''.
    SEC. 105. FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS.
    (a) Authority To Operate Under Transshipment Permits.--Section 201 
(16 U.S.C. 1821) is amended--
        (1) by striking paragraphs (1) and (2) of subsection (a) and 
    inserting the following:
        ``(1) is authorized under subsections (b) or (c) or section 
    204(e), or under a permit issued under section 204(d);
        ``(2) is not prohibited under subsection (f); and'';
        (2) by striking ``(i)'' in subsection (c)(2)(D) and inserting 
    ``(h)'';
        (3) by striking subsection (f);
        (4) by redesignating subsections (g) through (j) as subsections 
    (f) through (i), respectively;
        (5) in paragraph (2) of subsection (h) (as redesignated), 
    redesignate subparagraphs (B) and (C) as subparagraphs (C) and (D), 
    respectively, and insert after subparagraph (A) the following:
            ``(B) in a situation where the foreign fishing vessel is 
        operating under a Pacific Insular Area fishing agreement, the 
        Governor of the applicable Pacific Insular Area, in 
        consultation with the Western Pacific Council, has established 
        an observer coverage program that is at least equal in 
        effectiveness to the program established by the Secretary;''; 
        and
        (6) in subsection (i) (as redesignated) by striking ``305'' and 
    inserting ``304''.
    (b) International Fishery Agreements.--Section 202 (16 U.S.C. 1822) 
is amended--
        (1) by adding before the period at the end of subsection (c) 
    ``or section 204(e)'';
        (2) by adding at the end the following:
    ``(h) Bycatch Reduction Agreements.--
        ``(1) The Secretary of State, in cooperation with the 
    Secretary, shall seek to secure an international agreement to 
    establish standards and measures for bycatch reduction that are 
    comparable to the standards and measures applicable to United 
    States fishermen for such purposes in any fishery regulated 
    pursuant to this Act for which the Secretary, in consultation with 
    the Secretary of State, determines that such an international 
    agreement is necessary and appropriate.
        ``(2) An international agreement negotiated under this 
    subsection shall be--
            ``(A) consistent with the policies and purposes of this 
        Act; and
            ``(B) subject to approval by Congress under section 203.
        ``(3) Not later than January 1, 1997, and annually thereafter, 
    the Secretary, in consultation with the Secretary of State, shall 
    submit to the Committee on Commerce, Science, and Transportation of 
    the Senate and the Committee on Resources of the House of 
    Representatives a report describing actions taken under this 
    subsection.''.
    (c) Period for Congressional Review of International Fishery 
Agreements.--Section 203 (16 U.S.C. 1823) is amended--
        (1) by striking ``GOVERNING'' in the section heading;
        (2) by striking ``agreement'' each place it appears in 
    subsection (a) and inserting ``agreement, bycatch reduction 
    agreement, or Pacific Insular Area fishery agreement'';
        (3) by striking ``60 calendar days of continuous session of the 
    Congress'' in subsection (a) and inserting ``120 days (excluding 
    any days in a period for which the Congress is adjourned sine 
    die)'';
        (4) by striking subsection (c);
        (5) by redesignating subsection (d) as subsection (c); and
        (6) by striking ``agreement'' in subsection (c)(2)(A), as 
    redesignated, and inserting ``agreement, bycatch reduction 
    agreement, or Pacific Insular Area fishery agreement''.
    (d) Transshipment Permits and Pacific Insular Area Fishing.-- 
Section 204 (16 U.S.C. 1824) is amended--
        (1) by inserting ``or subsection (d)'' in the first sentence of 
    subsection (b)(7) after ``under paragraph (6)'';
        (2) by striking ``the regulations promulgated to implement any 
    such plan'' in subsection (b)(7)(A) and inserting ``any applicable 
    Federal or State fishing regulations'';
        (3) by inserting ``or subsection (d)'' in subsection (b)(7)(D) 
    after ``paragraph (6)(B)''; and
        (4) by adding at the end the following:
    ``(d) Transshipment Permits.--
        ``(1) Authority to issue permits.--The Secretary may issue a 
    transshipment permit under this subsection which authorizes a 
    vessel other than a vessel of the United States to engage in 
    fishing consisting solely of transporting fish or fish products at 
    sea from a point within the exclusive economic zone or, with the 
    concurrence of a State, within the boundaries of that State, to a 
    point outside the United States to any person who--
            ``(A) submits an application which is approved by the 
        Secretary under paragraph (3); and
            ``(B) pays a fee imposed under paragraph (7).
        ``(2) Transmittal.--Upon receipt of an application for a permit 
    under this subsection, the Secretary shall promptly transmit copies 
    of the application to the Secretary of State, Secretary of the 
    department in which the Coast Guard is operating, any appropriate 
    Council, and any affected State.
        ``(3) Approval of application.--The Secretary may approve, in 
    consultation with the appropriate Council or Marine Fisheries 
    Commission, an application for a permit under this section if the 
    Secretary determines that--
            ``(A) the transportation of fish or fish products to be 
        conducted under the permit, as described in the application, 
        will be in the interest of the United States and will meet the 
        applicable requirements of this Act;
            ``(B) the applicant will comply with the requirements 
        described in section 201(c)(2) with respect to activities 
        authorized by any permit issued pursuant to the application;
            ``(C) the applicant has established any bonds or financial 
        assurances that may be required by the Secretary; and
            ``(D) no owner or operator of a vessel of the United States 
        which has adequate capacity to perform the transportation for 
        which the application is submitted has indicated to the 
        Secretary an interest in performing the transportation at fair 
        and reasonable rates.
        ``(4) Whole or partial approval.--The Secretary may approve all 
    or any portion of an application under paragraph (3).
        ``(5) Failure to approve application.--If the Secretary does 
    not approve any portion of an application submitted under paragraph 
    (1), the Secretary shall promptly inform the applicant and specify 
    the reasons therefor.
        ``(6) Conditions and restrictions.--The Secretary shall 
    establish and include in each permit under this subsection 
    conditions and restrictions, including those conditions and 
    restrictions set forth in subsection (b)(7), which shall be 
    complied with by the owner and operator of the vessel for which the 
    permit is issued.
        ``(7) Fees.--The Secretary shall collect a fee for each permit 
    issued under this subsection, in an amount adequate to recover the 
    costs incurred by the United States in issuing the permit, except 
    that the Secretary shall waive the fee for the permit if the 
    foreign nation under which the vessel is registered does not 
    collect a fee from a vessel of the United States engaged in similar 
    activities in the waters of such foreign nation.
    ``(e) Pacific Insular Areas.--
        ``(1) Negotiation of pacific insular area fishery agreements.--
    The Secretary of State, with the concurrence of the Secretary and 
    in consultation with any appropriate Council, may negotiate and 
    enter into a Pacific Insular Area fishery agreement to authorize 
    foreign fishing within the exclusive economic zone adjacent to a 
    Pacific Insular Area--
            ``(A) in the case of American Samoa, Guam, or the Northern 
        Mariana Islands, at the request and with the concurrence of, 
        and in consultation with, the Governor of the Pacific Insular 
        Area to which such agreement applies; and
            ``(B) in the case of a Pacific Insular Area other than 
        American Samoa, Guam, or the Northern Mariana Islands, at the 
        request of the Western Pacific Council.
        ``(2) Agreement terms and conditions.--A Pacific Insular Area 
    fishery agreement--
            ``(A) shall not be considered to supersede any governing 
        international fishery agreement currently in effect under this 
        Act, but shall provide an alternative basis for the conduct of 
        foreign fishing within the exclusive economic zone adjacent to 
        Pacific Insular Areas;
            ``(B) shall be negotiated and implemented consistent only 
        with the governing international fishery agreement provisions 
        of this title specifically made applicable in this subsection;
            ``(C) may not be negotiated with a nation that is in 
        violation of a governing international fishery agreement in 
        effect under this Act;
            ``(D) shall not be entered into if it is determined by the 
        Governor of the applicable Pacific Insular Area with respect to 
        agreements initiated under paragraph (1)(A), or the Western 
        Pacific Council with respect to agreements initiated under 
        paragraph (1)(B), that such an agreement will adversely affect 
        the fishing activities of the indigenous people of such Pacific 
        Insular Area;
            ``(E) shall be valid for a period not to exceed three years 
        and shall only become effective according to the procedures in 
        section 203; and
            ``(F) shall require the foreign nation and its fishing 
        vessels to comply with the requirements of paragraphs (1), (2), 
        (3) and (4)(A) of section 201(c), section 201(d), and section 
        201(h).
        ``(3) Permits for foreign fishing.--
            ``(A) Application for permits for foreign fishing 
        authorized under a Pacific Insular Areas fishing agreement 
        shall be made, considered and approved or disapproved in 
        accordance with paragraphs (3), (4), (5), (6), (7) (A) and (B), 
        (8), and (9) of subsection (b), and shall include any 
        conditions and restrictions established by the Secretary in 
        consultation with the Secretary of State, the Secretary of the 
        department in which the Coast Guard is operating, the Governor 
        of the applicable Pacific Insular Area, and the appropriate 
        Council.
            ``(B) If a foreign nation notifies the Secretary of State 
        of its acceptance of the requirements of this paragraph, 
        paragraph (2)(F), and paragraph (5), including any conditions 
        and restrictions established under subparagraph (A), the 
        Secretary of State shall promptly transmit such notification to 
        the Secretary. Upon receipt of any payment required under a 
        Pacific Insular Area fishing agreement, the Secretary shall 
        thereupon issue to such foreign nation, through the Secretary 
        of State, permits for the appropriate fishing vessels of that 
        nation. Each permit shall contain a statement of all of the 
        requirements, conditions, and restrictions established under 
        this subsection which apply to the fishing vessel for which the 
        permit is issued.
        ``(4) Marine conservation plans.--
            ``(A) Prior to entering into a Pacific Insular Area fishery 
        agreement, the Western Pacific Council and the appropriate 
        Governor shall develop a 3-year marine conservation plan 
        detailing uses for funds to be collected by the Secretary 
        pursuant to such agreement. Such plan shall be consistent with 
        any applicable fishery management plan, identify conservation 
        and management objectives (including criteria for determining 
        when such objectives have been met), and prioritize planned 
        marine conservation projects. Conservation and management 
        objectives shall include, but not be limited to--
                ``(i) establishment of Pacific Insular Area observer 
            programs, approved by the Secretary in consultation with 
            the Western Pacific Council, that provide observer coverage 
            for foreign fishing under Pacific Insular Area fishery 
            agreements that is at least equal in effectiveness to the 
            program established by the Secretary under section 201(h);
                ``(ii) conduct of marine and fisheries research, 
            including development of systems for information 
            collection, analysis, evaluation, and reporting;
                ``(iii) conservation, education, and enforcement 
            activities related to marine and coastal management, such 
            as living marine resource assessments, habitat monitoring 
            and coastal studies;
                ``(iv) grants to the University of Hawaii for technical 
            assistance projects by the Pacific Island Network, such as 
            education and training in the development and 
            implementation of sustainable marine resources development 
            projects, scientific research, and conservation strategies; 
            and
                ``(v) western Pacific community-based demonstration 
            projects under section 112(b) of the Sustainable Fisheries 
            Act and other coastal improvement projects to foster and 
            promote the management, conservation, and economic 
            enhancement of the Pacific Insular Areas.
        ``(B) In the case of American Samoa, Guam, and the Northern 
    Mariana Islands, the appropriate Governor, with the concurrence of 
    the Western Pacific Council, shall develop the marine conservation 
    plan described in subparagraph (A) and submit such plan to the 
    Secretary for approval. In the case of other Pacific Insular Areas, 
    the Western Pacific Council shall develop and submit the marine 
    conservation plan described in subparagraph (A) to the Secretary 
    for approval.
        ``(C) If a Governor or the Western Pacific Council intends to 
    request that the Secretary of State renew a Pacific Insular Area 
    fishery agreement, a subsequent 3-year plan shall be submitted to 
    the Secretary for approval by the end of the second year of the 
    existing 3-year plan.
        ``(5) Reciprocal conditions.--Except as expressly provided 
    otherwise in this subsection, a Pacific Insular Area fishing 
    agreement may include terms similar to the terms applicable to 
    United States fishing vessels for access to similar fisheries in 
    waters subject to the fisheries jurisdiction of another nation.
        ``(6) Use of payments by american samoa, guam, northern mariana 
    islands.--Any payments received by the Secretary under a Pacific 
    Insular Area fishery agreement for American Samoa, Guam, or the 
    Northern Mariana Islands shall be deposited into the United States 
    Treasury and then covered over to the Treasury of the Pacific 
    Insular Area for which those funds were collected. Amounts 
    deposited in the Treasury of a Pacific Insular Area shall be 
    available, without appropriation or fiscal year limitation, to the 
    Governor of the Pacific Insular Area--
            ``(A) to carry out the purposes of this subsection;
            ``(B) to compensate (i) the Western Pacific Council for 
        mutually agreed upon administrative costs incurred relating to 
        any Pacific Insular Area fishery agreement for such Pacific 
        Insular Area, and (ii) the Secretary of State for mutually 
        agreed upon travel expenses for no more than 2 Federal 
        representatives incurred as a direct result of complying with 
        paragraph (1)(A); and
            ``(C) to implement a marine conservation plan developed and 
        approved under paragraph (4).
        ``(7) Western pacific sustainable fisheries fund.--There is 
    established in the United States Treasury a Western Pacific 
    Sustainable Fisheries Fund into which any payments received by the 
    Secretary under a Pacific Insular Area fishery agreement for any 
    Pacific Insular Area other than American Samoa, Guam, or the 
    Northern Mariana Islands shall be deposited. The Western Pacific 
    Sustainable Fisheries Fund shall be made available, without 
    appropriation or fiscal year limitation, to the Secretary, who 
    shall provide such funds only to--
            ``(A) the Western Pacific Council for the purpose of 
        carrying out the provisions of this subsection, including 
        implementation of a marine conservation plan approved under 
        paragraph (4);
            ``(B) the Secretary of State for mutually agreed upon 
        travel expenses for no more than 2 Federal representatives 
        incurred as a direct result of complying with paragraph (1)(B); 
        and
            ``(C) the Western Pacific Council to meet conservation and 
        management objectives in the State of Hawaii if monies remain 
        in the Western Pacific Sustainable Fisheries Fund after the 
        funding requirements of subparagraphs (A) and (B) have been 
        satisfied.
    Amounts deposited in such fund shall not diminish funding received 
    by the Western Pacific Council for the purpose of carrying out 
    other responsibilities under this Act.
        ``(8) Use of fines and penalties.--In the case of violations 
    occurring within the exclusive economic zone off American Samoa, 
    Guam, or the Northern Mariana Islands, amounts received by the 
    Secretary which are attributable to fines or penalties imposed 
    under this Act, including such sums collected from the forfeiture 
    and disposition or sale of property seized subject to its 
    authority, after payment of direct costs of the enforcement action 
    to all entities involved in such action, shall be deposited into 
    the Treasury of the Pacific Insular Area adjacent to the exclusive 
    economic zone in which the violation occurred, to be used for 
    fisheries enforcement and for implementation of a marine 
    conservation plan under paragraph (4).''.
    (e) Atlantic Herring Transshipment.--Within 30 days of receiving an 
application, the Secretary shall, under section 204(d) of the Magnuson 
Fishery Conservation and Management Act, as amended by this Act, issue 
permits to up to fourteen Canadian transport vessels that are not 
equipped for fish harvesting or processing, for the transshipment, 
within the boundaries of the State of Maine or within the portion of 
the exclusive economic zone east of the line 69 degrees 30 minutes west 
and within 12 nautical miles from the seaward boundary of that State, 
of Atlantic herring harvested by United States fishermen within the 
area described and used solely in sardine processing. In issuing a 
permit pursuant to this subsection, the Secretary shall provide a 
waiver under section 201(h)(2)(C) of the Magnuson Fishery Conservation 
and Management Act, as amended by this Act: Provided, That such vessels 
comply with Federal or State monitoring and reporting requirements for 
the Atlantic herring fishery, including the stationing of United States 
observers aboard such vessels, if necessary.
    (f) Large Scale Driftnet Fishing.--Section 206 (16 U.S.C. 1826) is 
amended--
        (1) in subsection (e), by striking paragraphs (3) and (4), and 
    redesignating paragraphs (5) and (6) as (3) and (4), respectively; 
    and
        (2) in subsection (f), by striking ``(e)(6),'' and inserting 
    ``(e)(4),''.
    (g) Russian Fishing in the Bering Sea.--No later than September 30, 
1997, the North Pacific Fishery Management Council, in consultation 
with the North Pacific and Bering Sea Advisory Body, shall submit to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Resources of the House of Representatives a report 
describing the institutional structures in Russia pertaining to stock 
assessment, management, and enforcement for fishery harvests in the 
Bering Sea, and recommendations for improving coordination between the 
United States and Russia for managing and conserving Bering Sea fishery 
resources of mutual concern.

SEC. 106. NATIONAL STANDARDS.

    (a) Section 301(a)(5) (16 U.S.C. 1851(a)(5)) is amended by striking 
``promote'' and inserting ``consider''.
    (b) Section 301(a) (16 U.S.C. 1851(a)) is amended by adding at the 
end thereof the following:
        ``(8) Conservation and management measures shall, consistent 
    with the conservation requirements of this Act (including the 
    prevention of overfishing and rebuilding of overfished stocks), 
    take into account the importance of fishery resources to fishing 
    communities in order to (A) provide for the sustained participation 
    of such communities, and (B) to the extent practicable, minimize 
    adverse economic impacts on such communities.
        ``(9) Conservation and management measures shall, to the extent 
    practicable, (A) minimize bycatch and (B) to the extent bycatch 
    cannot be avoided, minimize the mortality of such bycatch.
        ``(10) Conservation and management measures shall, to the 
    extent practicable, promote the safety of human life at sea.''.

SEC. 107. REGIONAL FISHERY MANAGEMENT COUNCILS.

    (a) Section 302(a) (16 U.S.C. 1852(a)) is amended--
        (1) by inserting ``(1)'' after the subsection heading;
        (2) by redesignating paragraphs (1) through (8) as 
    subparagraphs (A) through (H), respectively;
        (3) by striking ``section 304(f)(3)'' wherever it appears and 
    inserting ``paragraph (3)'';
        (4) in paragraph (1)(B), as amended--
            (A) by striking ``and Virginia'' and inserting ``Virginia, 
        and North Carolina'';
            (B) by inserting ``North Carolina, and'' after ``except'';
            (C) by striking ``19'' and inserting ``21''; and
            (D) by striking ``12'' and inserting ``13'';
        (5) by striking paragraph (1)(F), as redesignated, and 
    inserting the following:
            ``(F) Pacific council.--The Pacific Fishery Management 
        Council shall consist of the States of California, Oregon, 
        Washington, and Idaho and shall have authority over the 
        fisheries in the Pacific Ocean seaward of such States. The 
        Pacific Council shall have 14 voting members, including 8 
        appointed by the Secretary in accordance with subsection (b)(2) 
        (at least one of whom shall be appointed from each such State), 
        and including one appointed from an Indian tribe with Federally 
        recognized fishing rights from California, Oregon, Washington, 
        or Idaho in accordance with subsection (b)(5).'';
        (6) by indenting the sentence at the end thereof and inserting 
    ``(2)'' before ``Each Council''; and
        (7) by adding at the end the following:
        ``(3) The Secretary shall have authority over any highly 
    migratory species fishery that is within the geographical area of 
    authority of more than one of the following Councils: New England 
    Council, Mid-Atlantic Council, South Atlantic Council, Gulf 
    Council, and Caribbean Council.''.
    (b) Section 302(b) (16 U.S.C. 1852(b)) is amended--
        (1) by striking ``subsection (b)(2)'' in paragraphs (1)(C) and 
    (3), and inserting in both places ``paragraphs (2) and (5)'';
        (2) by striking the last sentence in paragraph (3) and 
    inserting the following: ``Any term in which an individual was 
    appointed to replace a member who left office during the term shall 
    not be counted in determining the number of consecutive terms 
    served by that Council member.''; and
        (3) by striking paragraph (5) and inserting after paragraph (4) 
    the following:
        ``(5)(A) The Secretary shall appoint to the Pacific Council one 
    representative of an Indian tribe with Federally recognized fishing 
    rights from California, Oregon, Washington, or Idaho from a list of 
    not less than 3 individuals submitted by the tribal governments. 
    The Secretary, in consultation with the Secretary of the Interior 
    and tribal governments, shall establish by regulation the procedure 
    for submitting a list under this subparagraph.
        ``(B) Representation shall be rotated among the tribes taking 
    into consideration--
            ``(i) the qualifications of the individuals on the list 
        referred to in subparagraph (A),
            ``(ii) the various rights of the Indian tribes involved and 
        judicial cases that set forth how those rights are to be 
        exercised, and
            ``(iii) the geographic area in which the tribe of the 
        representative is located.
        ``(C) A vacancy occurring prior to the expiration of any term 
    shall be filled in the same manner as set out in subparagraphs (A) 
    and (B), except that the Secretary may use the list from which the 
    vacating representative was chosen.
        ``(6) The Secretary may remove for cause any member of a 
    Council required to be appointed by the Secretary in accordance 
    with paragraphs (2) or (5) if--
            ``(A) the Council concerned first recommends removal by not 
        less than two-thirds of the members who are voting members and 
        submits such removal recommendation to the Secretary in writing 
        together with a statement of the basis for the recommendation; 
        or
            ``(B) the member is found by the Secretary, after notice 
        and an opportunity for a hearing in accordance with section 554 
        of title 5, United States Code, to have committed an act 
        prohibited by section 307(1)(O).''.
    (c) Section 302(d) (16 U.S.C. 1852(d)) is amended in the first 
sentence--
        (1) by striking ``each Council,'' and inserting ``each Council 
    who are required to be appointed by the Secretary and''; and
        (2) by striking ``shall, until January 1, 1992,'' and all that 
    follows through ``GS-16'' and inserting ``shall receive 
    compensation at the daily rate for GS-15, step 7''.
    (d) Section 302(e) (16 U.S.C. 1852(e)) is amended by adding at the 
end the following:
        ``(5) At the request of any voting member of a Council, the 
    Council shall hold a roll call vote on any matter before the 
    Council. The official minutes and other appropriate records of any 
    Council meeting shall identify all roll call votes held, the name 
    of each voting member present during each roll call vote, and how 
    each member voted on each roll call vote.''.
    (e) Section 302(g) (16 U.S.C. 1852(g)) is amended by redesignating 
paragraph (4) as paragraph (5), and by inserting after paragraph (3) 
the following:
        ``(4) The Secretary shall establish advisory panels to assist 
    in the collection and evaluation of information relevant to the 
    development of any fishery management plan or plan amendment for a 
    fishery to which subsection (a)(3) applies. Each advisory panel 
    shall participate in all aspects of the development of the plan or 
    amendment; be balanced in its representation of commercial, 
    recreational, and other interests; and consist of not less than 7 
    individuals who are knowledgeable about the fishery for which the 
    plan or amendment is developed, selected from among--
            ``(A) members of advisory committees and species working 
        groups appointed under Acts implementing relevant international 
        fishery agreements pertaining to highly migratory species; and
            ``(B) other interested persons.''.
    (f) Section 302(h) (16 U.S.C. 1852(h)) is amended--
        (1) by striking paragraph (1) and inserting the following:
        ``(1) for each fishery under its authority that requires 
    conservation and management, prepare and submit to the Secretary 
    (A) a fishery management plan, and (B) amendments to each such plan 
    that are necessary from time to time (and promptly whenever changes 
    in conservation and management measures in another fishery 
    substantially affect the fishery for which such plan was 
    developed);'';
        (2) in paragraph (2)--
            (A) by striking ``section 204(b)(4)(C),'' in paragraph (2) 
        and inserting ``section 204(b)(4)(C) or section 204(d),'';
            (B) by striking ``304(c)(2)'' and inserting ``304(c)(4)''; 
        and
        (3) by striking ``304(f)(3)'' in paragraph (5) and inserting 
    ``subsection (a)(3)''.
    (g) Section 302 is amended further by striking subsection (i), and 
by redesignating subsections (j) and (k) as subsections (i) and (j), 
respectively.
    (h) Section 302(i), as redesignated, is amended--
        (1) by striking ``of the Councils'' in paragraph (1) and 
    inserting ``established under subsection (g)'';
        (2) by striking ``of a Council:'' in paragraph (2) and 
    inserting ``established under subsection (g):'';
        (3) by striking ``Council's'' in paragraph (2)(C);
        (4) by adding the following at the end of paragraph (2)(C): 
    ``The published agenda of the meeting may not be modified to 
    include additional matters for Council action without public notice 
    or within 14 days prior to the meeting date, unless such 
    modification is to address an emergency action under section 
    305(c), in which case public notice shall be given immediately.'';
        (5) by adding the following at the end of paragraph (2)(D): 
    ``All written information submitted to a Council by an interested 
    person shall include a statement of the source and date of such 
    information. Any oral or written statement shall include a brief 
    description of the background and interests of the person in the 
    subject of the oral or written statement.'';
        (6) by striking paragraph (2)(E) and inserting:
            ``(E) Detailed minutes of each meeting of the Council, 
        except for any closed session, shall be kept and shall contain 
        a record of the persons present, a complete and accurate 
        description of matters discussed and conclusions reached, and 
        copies of all statements filed. The Chairman shall certify the 
        accuracy of the minutes of each such meeting and submit a copy 
        thereof to the Secretary. The minutes shall be made available 
        to any court of competent jurisdiction.'';
        (7) by striking ``by the Council'' the first place it appears 
    in paragraph (2)(F);
        (8) by inserting ``or the Secretary, as appropriate'' in 
    paragraph (2)(F) after ``of the Council'';
        (9) by striking ``303(d)'' each place it appears in paragraph 
    (2)(F) and inserting ``402(b)''; and
        (10) by striking ``303(d)'' in paragraph (4) and inserting 
    ``402(b)''.
    (i) Section 302(j), as redesignated, is amended--
        (1) by inserting ``and Recusal'' after ``Interest'' in the 
    subsection heading;
        (2) by striking paragraph (1) and inserting the following:
        ``(1) For the purposes of this subsection--
            ``(A) the term `affected individual' means an individual 
        who--
                ``(i) is nominated by the Governor of a State for 
            appointment as a voting member of a Council in accordance 
            with subsection (b)(2); or
                ``(ii) is a voting member of a Council appointed--

                    ``(I) under subsection (b)(2); or
                    ``(II) under subsection (b)(5) who is not subject 
                to disclosure and recusal requirements under the laws 
                of an Indian tribal government; and

            ``(B) the term `designated official' means a person with 
        expertise in Federal conflict-of-interest requirements who is 
        designated by the Secretary, in consultation with the Council, 
        to attend Council meetings and make determinations under 
        paragraph (7)(B).'';
        (3) by striking ``(1)(A)'' in paragraph (3)(A) and inserting 
    ``(1)(A)(i)'';
        (4) by striking ``(1)(B) or (C)'' in paragraph (3)(B) and 
    inserting ``(1)(A)(ii)'';
        (5) by striking ``(1)(B) or (C)'' in paragraph (4) and 
    inserting ``(1)(A)(ii)'';
        (6)(A) by striking ``and'' at the end of paragraph (5)(A);
        (B) by striking the period at the end of paragraph (5)(B) and 
    inserting a semicolon and the word ``and''; and
        (C) by adding at the end of paragraph (5) the following:
            ``(C) be kept on file by the Secretary for use in reviewing 
        determinations under paragraph (7)(B) and made available for 
        public inspection at reasonable hours.'';
        (7) by striking ``(1)(B) or (C)'' in paragraph (6) and 
    inserting ``(1)(A)(ii)'';
        (8) by redesignating paragraph (7) as paragraph (8) and 
    inserting after paragraph (6) the following:
        ``(7)(A) After the effective date of regulations promulgated 
    under subparagraph (F) of this paragraph, an affected individual 
    required to disclose a financial interest under paragraph (2) shall 
    not vote on a Council decision which would have a significant and 
    predictable effect on such financial interest. A Council decision 
    shall be considered to have a significant and predictable effect on 
    a financial interest if there is a close causal link between the 
    Council decision and an expected and substantially disproportionate 
    benefit to the financial interest of the affected individual 
    relative to the financial interests of other participants in the 
    same gear type or sector of the fishery. An affected individual who 
    may not vote may participate in Council deliberations relating to 
    the decision after notifying the Council of the voting recusal and 
    identifying the financial interest that would be affected.
        ``(B) At the request of an affected individual, or upon the 
    initiative of the appropriate designated official, the designated 
    official shall make a determination for the record whether a 
    Council decision would have a significant and predictable effect on 
    a financial interest.
        ``(C) Any Council member may submit a written request to the 
    Secretary to review any determination by the designated official 
    under subparagraph (B) within 10 days of such determination. Such 
    review shall be completed within 30 days of receipt of the request.
        ``(D) Any affected individual who does not vote in a Council 
    decision in accordance with this subsection may state for the 
    record how he or she would have voted on such decision if he or she 
    had voted.
        ``(E) If the Council makes a decision before the Secretary has 
    reviewed a determination under subparagraph (C), the eventual 
    ruling may not be treated as cause for the invalidation or 
    reconsideration by the Secretary of such decision.
        ``(F) The Secretary, in consultation with the Councils and by 
    not later than one year from the date of enactment of the 
    Sustainable Fisheries Act, shall promulgate regulations which 
    prohibit an affected individual from voting in accordance with 
    subparagraph (A), and which allow for the making of determinations 
    under subparagraphs (B) and (C).''; and
        (9) by striking ``(1)(B) or (C)'' in paragraph (8), as 
    redesignated, and inserting ``(1)(A)(ii)''.

SEC. 108. FISHERY MANAGEMENT PLANS.

    (a) Required Provisions.--Section 303(a) (16 U.S.C. 1853(a)) is 
amended--
        (1) in paragraph (1)(A) by inserting ``and rebuild overfished 
    stocks'' after ``overfishing'';
        (2) by inserting ``commercial, recreational, and charter 
    fishing in'' in paragraph (5) after ``with respect to'';
        (3) by striking paragraph (7) and inserting the following:
        ``(7) describe and identify essential fish habitat for the 
    fishery based on the guidelines established by the Secretary under 
    section 305(b)(1)(A), minimize to the extent practicable adverse 
    effects on such habitat caused by fishing, and identify other 
    actions to encourage the conservation and enhancement of such 
    habitat;'';
        (4) by striking ``and'' at the end of paragraph (8);
        (5) by inserting ``and fishing communities'' after 
    ``fisheries'' in paragraph (9)(A);
        (6) by striking the period at the end of paragraph (9) and 
    inserting a semicolon; and
        (7) by adding at the end the following:
        ``(10) specify objective and measurable criteria for 
    identifying when the fishery to which the plan applies is 
    overfished (with an analysis of how the criteria were determined 
    and the relationship of the criteria to the reproductive potential 
    of stocks of fish in that fishery) and, in the case of a fishery 
    which the Council or the Secretary has determined is approaching an 
    overfished condition or is overfished, contain conservation and 
    management measures to prevent overfishing or end overfishing and 
    rebuild the fishery;
        ``(11) establish a standardized reporting methodology to assess 
    the amount and type of bycatch occurring in the fishery, and 
    include conservation and management measures that, to the extent 
    practicable and in the following priority--
            ``(A) minimize bycatch; and
            ``(B) minimize the mortality of bycatch which cannot be 
        avoided;
        ``(12) assess the type and amount of fish caught and released 
    alive during recreational fishing under catch and release fishery 
    management programs and the mortality of such fish, and include 
    conservation and management measures that, to the extent 
    practicable, minimize mortality and ensure the extended survival of 
    such fish;
        ``(13) include a description of the commercial, recreational, 
    and charter fishing sectors which participate in the fishery and, 
    to the extent practicable, quantify trends in landings of the 
    managed fishery resource by the commercial, recreational, and 
    charter fishing sectors; and
        ``(14) to the extent that rebuilding plans or other 
    conservation and management measures which reduce the overall 
    harvest in a fishery are necessary, allocate any harvest 
    restrictions or recovery benefits fairly and equitably among the 
    commercial, recreational, and charter fishing sectors in the 
    fishery.''.
    (b) Implementation.--Not later than 24 months after the date of 
enactment of this Act, each Regional Fishery Management Council shall 
submit to the Secretary of Commerce amendments to each fishery 
management plan under its authority to comply with the amendments made 
in subsection (a) of this section.
    (c) Discretionary Provisions.--Section 303(b) (16 U.S.C. 1853(b)) 
is amended--
        (1) by striking paragraph (3) and inserting the following:
        ``(3) establish specified limitations which are necessary and 
    appropriate for the conservation and management of the fishery on 
    the--
            ``(A) catch of fish (based on area, species, size, number, 
        weight, sex, bycatch, total biomass, or other factors);
            ``(B) sale of fish caught during commercial, recreational, 
        or charter fishing, consistent with any applicable Federal and 
        State safety and quality requirements; and
            ``(C) transshipment or transportation of fish or fish 
        products under permits issued pursuant to section 204;'';
        (2) by striking ``system for limiting access to'' in paragraph 
    (6) and inserting ``limited access system for'';
        (3) by striking ``fishery'' in subparagraph (E) of paragraph 
    (6) and inserting ``fishery and any affected fishing communities'';
        (4) by inserting ``one or more'' in paragraph (8) after 
    ``require that'';
        (5) by striking ``and'' at the end of paragraph (9);
        (6) by redesignating paragraph (10) as paragraph (12); and
        (7) by inserting after paragraph (9) the following:
        ``(10) include, consistent with the other provisions of this 
    Act, conservation and management measures that provide harvest 
    incentives for participants within each gear group to employ 
    fishing practices that result in lower levels of bycatch or in 
    lower levels of the mortality of bycatch;
        ``(11) reserve a portion of the allowable biological catch of 
    the fishery for use in scientific research; and''.
    (d) Regulations.--Section 303 (16 U.S.C. 1853) is amended by 
striking subsection (c) and inserting the following:
     ``(c) Proposed Regulations.--Proposed regulations which the 
Council deems necessary or appropriate for the purposes of--
        ``(1) implementing a fishery management plan or plan amendment 
    shall be submitted to the Secretary simultaneously with the plan or 
    amendment under section 304; and
        ``(2) making modifications to regulations implementing a 
    fishery management plan or plan amendment may be submitted to the 
    Secretary at any time after the plan or amendment is approved under 
    section 304.''.
    (e) Individual Fishing Quotas.--Subsection 303 (16 U.S.C. 1853) is 
amended further by striking subsections (d), (e), and (f), and 
inserting the following:
    ``(d) Individual Fishing Quotas.--
        ``(1)(A) A Council may not submit and the Secretary may not 
    approve or implement before October 1, 2000, any fishery management 
    plan, plan amendment, or regulation under this Act which creates a 
    new individual fishing quota program.
        ``(B) Any fishery management plan, plan amendment, or 
    regulation approved by the Secretary on or after January 4, 1995, 
    which creates any new individual fishing quota program shall be 
    repealed and immediately returned by the Secretary to the 
    appropriate Council and shall not be resubmitted, reapproved, or 
    implemented during the moratorium set forth in subparagraph (A).
        ``(2)(A) No provision of law shall be construed to limit the 
    authority of a Council to submit and the Secretary to approve the 
    termination or limitation, without compensation to holders of any 
    limited access system permits, of a fishery management plan, plan 
    amendment, or regulation that provides for a limited access system, 
    including an individual fishing quota program.
        ``(B) This subsection shall not be construed to prohibit a 
    Council from submitting, or the Secretary from approving and 
    implementing, amendments to the North Pacific halibut and 
    sablefish, South Atlantic wreckfish, or Mid-Atlantic surf clam and 
    ocean (including mahogany) quahog individual fishing quota 
    programs.
        ``(3) An individual fishing quota or other limited access 
    system authorization--
            ``(A) shall be considered a permit for the purposes of 
        sections 307, 308, and 309;
            ``(B) may be revoked or limited at any time in accordance 
        with this Act;
            ``(C) shall not confer any right of compensation to the 
        holder of such individual fishing quota or other such limited 
        access system authorization if it is revoked or limited; and
            ``(D) shall not create, or be construed to create, any 
        right, title, or interest in or to any fish before the fish is 
        harvested.
        ``(4)(A) A Council may submit, and the Secretary may approve 
    and implement, a program which reserves up to 25 percent of any 
    fees collected from a fishery under section 304(d)(2) to be used, 
    pursuant to section 1104A(a)(7) of the Merchant Marine Act, 1936 
    (46 U.S.C. App. 1274(a)(7)), to issue obligations that aid in 
    financing the--
            ``(i) purchase of individual fishing quotas in that fishery 
        by fishermen who fish from small vessels; and
            ``(ii) first-time purchase of individual fishing quotas in 
        that fishery by entry level fishermen.
        ``(B) A Council making a submission under subparagraph (A) 
    shall recommend criteria, consistent with the provisions of this 
    Act, that a fisherman must meet to qualify for guarantees under 
    clauses (i) and (ii) of subparagraph (A) and the portion of funds 
    to be allocated for guarantees under each clause.
        ``(5) In submitting and approving any new individual fishing 
    quota program on or after October 1, 2000, the Councils and the 
    Secretary shall consider the report of the National Academy of 
    Sciences required under section 108(f) of the Sustainable Fisheries 
    Act, and any recommendations contained in such report, and shall 
    ensure that any such program--
            ``(A) establishes procedures and requirements for the 
        review and revision of the terms of any such program (including 
        any revisions that may be necessary once a national policy with 
        respect to individual fishing quota programs is implemented), 
        and, if appropriate, for the renewal, reallocation, or 
        reissuance of individual fishing quotas;
            ``(B) provides for the effective enforcement and management 
        of any such program, including adequate observer coverage, and 
        for fees under section 304(d)(2) to recover actual costs 
        directly related to such enforcement and management; and
            ``(C) provides for a fair and equitable initial allocation 
        of individual fishing quotas, prevents any person from 
        acquiring an excessive share of the individual fishing quotas 
        issued, and considers the allocation of a portion of the annual 
        harvest in the fishery for entry-level fishermen, small vessel 
        owners, and crew members who do not hold or qualify for 
        individual fishing quotas.''.
    (f) Individual Fishing Quota Report.--(1) Not later than October 1, 
1998, the National Academy of Sciences, in consultation with the 
Secretary of Commerce and the Regional Fishery Management Councils, 
shall submit to the Congress a comprehensive final report on individual 
fishing quotas, which shall include recommendations to implement a 
national policy with respect to individual fishing quotas. The report 
shall address all aspects of such quotas, including an analysis of--
        (A) the effects of limiting or prohibiting the transferability 
    of such quotas;
        (B) mechanisms to prevent foreign control of the harvest of 
    United States fisheries under individual fishing quota programs, 
    including mechanisms to prohibit persons who are not eligible to be 
    deemed a citizen of the United States for the purpose of operating 
    a vessel in the coastwise trade under section 2(a) and section 2(c) 
    of the Shipping Act, 1916 (46 U.S.C. 802 (a) and (c)) from holding 
    individual fishing quotas;
        (C) the impact of limiting the duration of individual fishing 
    quota programs;
        (D) the impact of authorizing Federal permits to process a 
    quantity of fish that correspond to individual fishing quotas, and 
    of the value created for recipients of any such permits, including 
    a comparison of such value to the value of the corresponding 
    individual fishing quotas;
        (E) mechanisms to provide for diversity and to minimize adverse 
    social and economic impacts on fishing communities, other fisheries 
    affected by the displacement of vessels, and any impacts associated 
    with the shifting of capital value from fishing vessels to 
    individual fishing quotas, as well as the use of capital 
    construction funds to purchase individual fishing quotas;
        (F) mechanisms to provide for effective monitoring and 
    enforcement, including the inspection of fish harvested and 
    incentives to reduce bycatch, and in particular economic discards;
        (G) threshold criteria for determining whether a fishery may be 
    considered for individual fishing quota management, including 
    criteria related to the geographical range, population dynamics and 
    condition of a fish stock, the socioeconomic characteristics of a 
    fishery (including participants' involvement in multiple fisheries 
    in the region), and participation by commercial, charter, and 
    recreational fishing sectors in the fishery;
        (H) mechanisms to ensure that vessel owners, vessel masters, 
    crew members, and United States fish processors are treated fairly 
    and equitably in initial allocations, to require persons holding 
    individual fishing quotas to be on board the vessel using such 
    quotas, and to facilitate new entry under individual fishing quota 
    programs;
        (I) potential social and economic costs and benefits to the 
    nation, individual fishing quota recipients, and any recipients of 
    Federal permits described in subparagraph (D) under individual 
    fishing quota programs, including from capital gains revenue, the 
    allocation of such quotas or permits through Federal auctions, 
    annual fees and transfer fees at various levels, or other measures;
        (J) the value created for recipients of individual fishing 
    quotas, including a comparison of such value to the value of the 
    fish harvested under such quotas and to the value of permits 
    created by other types of limited access systems, and the effects 
    of creating such value on fishery management and conservation; and
        (K) such other matters as the National Academy of Sciences 
    deems appropriate.
        (2) The report shall include a detailed analysis of individual 
    fishing quota programs already implemented in the United States, 
    including the impacts: of any limits on transferability, on past 
    and present participants, on fishing communities, on the rate and 
    total amount of bycatch (including economic and regulatory 
    discards) in the fishery, on the safety of life and vessels in the 
    fishery, on any excess harvesting or processing capacity in the 
    fishery, on any gear conflicts in the fishery, on product quality 
    from the fishery, on the effectiveness of enforcement in the 
    fishery, on the size and composition of fishing vessel fleets, on 
    the economic value created by individual fishing quotas for initial 
    recipients and non-recipients, on conservation of the fishery 
    resource, on fishermen who rely on participation in several 
    fisheries, on the success in meeting any fishery management plan 
    goals, and the fairness and effectiveness of the methods used for 
    allocating quotas and controlling transferability. The report shall 
    also include any information about individual fishing quota 
    programs in other countries that may be useful.
        (3) The report shall identify and analyze alternative 
    conservation and management measures, including other limited 
    access systems such as individual transferable effort systems, that 
    could accomplish the same objectives as individual fishing quota 
    programs, as well as characteristics that are unique to individual 
    fishing quota programs.
        (4) The Secretary of Commerce shall, in consultation with the 
    National Academy of Sciences, the Councils, the fishing industry, 
    affected States, conservation organizations and other interested 
    persons, establish two individual fishing quota review groups to 
    assist in the preparation of the report, which shall represent: (A) 
    Alaska, Hawaii, and the other Pacific coastal States; and (B) 
    Atlantic coastal States and the Gulf of Mexico coastal States. The 
    Secretary shall, to the extent practicable, achieve a balanced 
    representation of viewpoints among the individuals on each review 
    group. The review groups shall be deemed to be advisory panels 
    under section 302(g) of the Magnuson Fishery Conservation and 
    Management Act, as amended by this Act.
        (5) The Secretary of Commerce, in consultation with the 
    National Academy of Sciences and the Councils, shall conduct public 
    hearings in each Council region to obtain comments on individual 
    fishing quotas for use by the National Academy of Sciences in 
    preparing the report required by this subsection. The National 
    Academy of Sciences shall submit a draft report to the Secretary of 
    Commerce by January 1, 1998. The Secretary of Commerce shall 
    publish in the Federal Register a notice and opportunity for public 
    comment on the draft of the report, or any revision thereof. A 
    detailed summary of comments received and views presented at the 
    hearings, including any dissenting views, shall be included by the 
    National Academy of Sciences in the final report.
        (6) Section 210 of Public Law 104-134 is hereby repealed.
    (g) North Pacific Loan Program.--(1) By not later than October 1, 
1997 the North Pacific Fishery Management Council shall recommend to 
the Secretary of Commerce a program which uses the full amount of fees 
authorized to be used under section 303(d)(4) of the Magnuson Fishery 
Conservation and Management Act, as amended by this Act, in the halibut 
and sablefish fisheries off Alaska to guarantee obligations in 
accordance with such section.
    (2)(A) For the purposes of this subsection, the phrase ``fishermen 
who fish from small vessels'' in section 303(d)(4)(A)(i) of such Act 
shall mean fishermen wishing to purchase individual fishing quotas for 
use from Category B, Category C, or Category D vessels, as defined in 
part 676.20(c) of title 50, Code of Federal Regulations (as revised as 
of October 1, 1995), whose aggregate ownership of individual fishing 
quotas will not exceed the equivalent of a total of 50,000 pounds of 
halibut and sablefish harvested in the fishing year in which a 
guarantee application is made if the guarantee is approved, who will 
participate aboard the fishing vessel in the harvest of fish caught 
under such quotas, who have at least 150 days of experience working as 
part of the harvesting crew in any United States commercial fishery, 
and who do not own in whole or in part any Category A or Category B 
vessel, as defined in such part and title of the Code of Federal 
Regulations.
    (B) For the purposes of this subsection, the phrase ``entry level 
fishermen'' in section 303(d)(4)(A)(ii) of such Act shall mean 
fishermen who do not own any individual fishing quotas, who wish to 
obtain the equivalent of not more than a total of 8,000 pounds of 
halibut and sablefish harvested in the fishing year in which a 
guarantee application is made, and who will participate aboard the 
fishing vessel in the harvest of fish caught under such quotas.
    (h) Community Development Quota Report.--Not later than October 1, 
1998, the National Academy of Sciences, in consultation with the 
Secretary, the North Pacific and Western Pacific Councils, communities 
and organizations participating in the program, participants in 
affected fisheries, and the affected States, shall submit to the 
Secretary of Commerce and Congress a comprehensive report on the 
performance and effectiveness of the community development quota 
programs under the authority of the North Pacific and Western Pacific 
Councils. The report shall--
        (1) evaluate the extent to which such programs have met the 
    objective of providing communities with the means to develop 
    ongoing commercial fishing activities;
        (2) evaluate the manner and extent to which such programs have 
    resulted in the communities and residents--
            (A) receiving employment opportunities in commercial 
        fishing and processing; and
            (B) obtaining the capital necessary to invest in commercial 
        fishing, fish processing, and commercial fishing support 
        projects (including infrastructure to support commercial 
        fishing);
        (3) evaluate the social and economic conditions in the 
    participating communities and the extent to which alternative 
    private sector employment opportunities exist;
        (4) evaluate the economic impacts on participants in the 
    affected fisheries, taking into account the condition of the 
    fishery resource, the market, and other relevant factors;
        (5) recommend a proposed schedule for accomplishing the 
    developmental purposes of community development quotas; and
        (6) address such other matters as the National Academy of 
    Sciences deems appropriate.
    (i) Existing Quota Plans.--Nothing in this Act or the amendments 
made by this Act shall be construed to require a reallocation of 
individual fishing quotas under any individual fishing quota program 
approved by the Secretary before January 4, 1995.

SEC. 109. ACTION BY THE SECRETARY.

    (a) Secretarial Review of Plans and Regulations.--Section 304 (16 
U.S.C. 1854) is amended by striking subsections (a) and (b) and 
inserting the following:
    ``(a) Review of Plans.--
        ``(1) Upon transmittal by the Council to the Secretary of a 
    fishery management plan or plan amendment, the Secretary shall--
            ``(A) immediately commence a review of the plan or 
        amendment to determine whether it is consistent with the 
        national standards, the other provisions of this Act, and any 
        other applicable law; and
            ``(B) immediately publish in the Federal Register a notice 
        stating that the plan or amendment is available and that 
        written information, views, or comments of interested persons 
        on the plan or amendment may be submitted to the Secretary 
        during the 60-day period beginning on the date the notice is 
        published.
        ``(2) In undertaking the review required under paragraph (1), 
    the Secretary shall--
            ``(A) take into account the information, views, and 
        comments received from interested persons;
            ``(B) consult with the Secretary of State with respect to 
        foreign fishing; and
            ``(C) consult with the Secretary of the department in which 
        the Coast Guard is operating with respect to enforcement at sea 
        and to fishery access adjustments referred to in section 
        303(a)(6).
        ``(3) The Secretary shall approve, disapprove, or partially 
    approve a plan or amendment within 30 days of the end of the 
    comment period under paragraph (1) by written notice to the 
    Council. A notice of disapproval or partial approval shall 
    specify--
            ``(A) the applicable law with which the plan or amendment 
        is inconsistent;
            ``(B) the nature of such inconsistencies; and
            ``(C) recommendations concerning the actions that could be 
        taken by the Council to conform such plan or amendment to the 
        requirements of applicable law.
    If the Secretary does not notify a Council within 30 days of the 
    end of the comment period of the approval, disapproval, or partial 
    approval of a plan or amendment, then such plan or amendment shall 
    take effect as if approved.
        ``(4) If the Secretary disapproves or partially approves a plan 
    or amendment, the Council may submit a revised plan or amendment to 
    the Secretary for review under this subsection.
        ``(5) For purposes of this subsection and subsection (b), the 
    term `immediately' means on or before the 5th day after the day on 
    which a Council transmits to the Secretary a fishery management 
    plan, plan amendment, or proposed regulation that the Council 
    characterizes as final.
    ``(b) Review of Regulations.--
        ``(1) Upon transmittal by the Council to the Secretary of 
    proposed regulations prepared under section 303(c), the Secretary 
    shall immediately initiate an evaluation of the proposed 
    regulations to determine whether they are consistent with the 
    fishery management plan, plan amendment, this Act and other 
    applicable law. Within 15 days of initiating such evaluation the 
    Secretary shall make a determination and--
            ``(A) if that determination is affirmative, the Secretary 
        shall publish such regulations in the Federal Register, with 
        such technical changes as may be necessary for clarity and an 
        explanation of those changes, for a public comment period of 15 
        to 60 days; or
            ``(B) if that determination is negative, the Secretary 
        shall notify the Council in writing of the inconsistencies and 
        provide recommendations on revisions that would make the 
        proposed regulations consistent with the fishery management 
        plan, plan amendment, this Act, and other applicable law.
        ``(2) Upon receiving a notification under paragraph (1)(B), the 
    Council may revise the proposed regulations and submit them to the 
    Secretary for reevaluation under paragraph (1).
        ``(3) The Secretary shall promulgate final regulations within 
    30 days after the end of the comment period under paragraph (1)(A). 
    The Secretary shall consult with the Council before making any 
    revisions to the proposed regulations, and must publish in the 
    Federal Register an explanation of any differences between the 
    proposed and final regulations.''.
    (b) Preparation by the Secretary.--Section 304(c) (16 U.S.C. 
1854(c)) is amended--
        (1) by striking the subsection heading and inserting 
    ``Preparation and Review of Secretarial Plans'';
        (2) by striking ``or'' at the end of paragraph (1)(A);
        (3) by striking all that follows ``further revised plan'' in 
    paragraph (1) and inserting ``or amendment; or'';
        (4) by inserting after subparagraph (1)(B), as amended, the 
    following new subparagraph:
            ``(C) the Secretary is given authority to prepare such plan 
        or amendment under this section.'';
        (5) by striking paragraph (2) and inserting:
        ``(2) In preparing any plan or amendment under this subsection, 
    the Secretary shall--
            ``(A) conduct public hearings, at appropriate times and 
        locations in the geographical areas concerned, so as to allow 
        interested persons an opportunity to be heard in the 
        preparation and amendment of the plan and any regulations 
        implementing the plan; and
            ``(B) consult with the Secretary of State with respect to 
        foreign fishing and with the Secretary of the department in 
        which the Coast Guard is operating with respect to enforcement 
        at sea.'';
        (6) by inserting ``for a fishery under the authority of a 
    Council'' after ``paragraph (1)'' in paragraph (3);
        (7) by striking ``system described in section 303(b)(6)'' in 
    paragraph (3) and inserting ``system, including any individual 
    fishing quota program''; and
        (8) by inserting after paragraph (3) the following new 
    paragraphs:
        ``(4) Whenever the Secretary prepares a fishery management plan 
    or plan amendment under this section, the Secretary shall 
    immediately--
            ``(A) for a plan or amendment for a fishery under the 
        authority of a Council, submit such plan or amendment to the 
        appropriate Council for consideration and comment; and
            ``(B) publish in the Federal Register a notice stating that 
        the plan or amendment is available and that written 
        information, views, or comments of interested persons on the 
        plan or amendment may be submitted to the Secretary during the 
        60-day period beginning on the date the notice is published.
        ``(5) Whenever a plan or amendment is submitted under paragraph 
    (4)(A), the appropriate Council must submit its comments and 
    recommendations, if any, regarding the plan or amendment to the 
    Secretary before the close of the 60-day period referred to in 
    paragraph (4)(B). After the close of such 60-day period, the 
    Secretary, after taking into account any such comments and 
    recommendations, as well as any views, information, or comments 
    submitted under paragraph (4)(B), may adopt such plan or amendment.
        ``(6) The Secretary may propose regulations in the Federal 
    Register to implement any plan or amendment prepared by the 
    Secretary. In the case of a plan or amendment to which paragraph 
    (4)(A) applies, such regulations shall be submitted to the Council 
    with such plan or amendment. The comment period on proposed 
    regulations shall be 60 days, except that the Secretary may shorten 
    the comment period on minor revisions to existing regulations.
        ``(7) The Secretary shall promulgate final regulations within 
    30 days after the end of the comment period under paragraph (6). 
    The Secretary must publish in the Federal Register an explanation 
    of any substantive differences between the proposed and final 
    rules. All final regulations must be consistent with the fishery 
    management plan, with the national standards and other provisions 
    of this Act, and with any other applicable law.''.
    (c) Individual Fishing Quota and Community Development Quota 
Fees.--Section 304(d) (16 U.S.C. 1854(d)) is amended--
        (1) by inserting ``(1)'' immediately before the first sentence; 
    and
        (2) by inserting at the end the following:
        ``(2)(A) Notwithstanding paragraph (1), the Secretary is 
    authorized and shall collect a fee to recover the actual costs 
    directly related to the management and enforcement of any--
            ``(i) individual fishing quota program; and
            ``(ii) community development quota program that allocates a 
        percentage of the total allowable catch of a fishery to such 
        program.
        ``(B) Such fee shall not exceed 3 percent of the ex-vessel 
    value of fish harvested under any such program, and shall be 
    collected at either the time of the landing, filing of a landing 
    report, or sale of such fish during a fishing season or in the last 
    quarter of the calendar year in which the fish is harvested.
        ``(C)(i) Fees collected under this paragraph shall be in 
    addition to any other fees charged under this Act and shall be 
    deposited in the Limited Access System Administration Fund 
    established under section 305(h)(5)(B), except that the portion of 
    any such fees reserved under section 303(d)(4)(A) shall be 
    deposited in the Treasury and available, subject to annual 
    appropriations, to cover the costs of new direct loan obligations 
    and new loan guarantee commitments as required by section 504(b)(1) 
    of the Federal Credit Reform Act (2 U.S.C. 661c(b)(1)).
        ``(ii) Upon application by a State, the Secretary shall 
    transfer to such State up to 33 percent of any fee collected 
    pursuant to subparagraph (A) under a community development quota 
    program and deposited in the Limited Access System Administration 
    Fund in order to reimburse such State for actual costs directly 
    incurred in the management and enforcement of such program.''.
    (d) Delay of Fees.--Notwithstanding any other provision of law, the 
Secretary shall not begin the collection of fees under section 
304(d)(2) of the Magnuson Fishery Conservation and Management Act, as 
amended by this Act, in the surf clam and ocean (including mahogany) 
quahog fishery or in the wreckfish fishery until after January 1, 2000.
    (e) Overfishing.--Section 304(e) (16 U.S.C. 1854(e)) is amended to 
read as follows:
    ``(e) Rebuilding Overfished Fisheries.--
        ``(1) The Secretary shall report annually to the Congress and 
    the Councils on the status of fisheries within each Council's 
    geographical area of authority and identify those fisheries that 
    are overfished or are approaching a condition of being overfished. 
    For those fisheries managed under a fishery management plan or 
    international agreement, the status shall be determined using the 
    criteria for overfishing specified in such plan or agreement. A 
    fishery shall be classified as approaching a condition of being 
    overfished if, based on trends in fishing effort, fishery resource 
    size, and other appropriate factors, the Secretary estimates that 
    the fishery will become overfished within two years.
        ``(2) If the Secretary determines at any time that a fishery is 
    overfished, the Secretary shall immediately notify the appropriate 
    Council and request that action be taken to end overfishing in the 
    fishery and to implement conservation and management measures to 
    rebuild affected stocks of fish. The Secretary shall publish each 
    notice under this paragraph in the Federal Register.
        ``(3) Within one year of an identification under paragraph (1) 
    or notification under paragraphs (2) or (7), the appropriate 
    Council (or the Secretary, for fisheries under section 302(a)(3)) 
    shall prepare a fishery management plan, plan amendment, or 
    proposed regulations for the fishery to which the identification or 
    notice applies--
            ``(A) to end overfishing in the fishery and to rebuild 
        affected stocks of fish; or
            ``(B) to prevent overfishing from occurring in the fishery 
        whenever such fishery is identified as approaching an 
        overfished condition.
        ``(4) For a fishery that is overfished, any fishery management 
    plan, amendment, or proposed regulations prepared pursuant to 
    paragraph (3) or paragraph (5) for such fishery shall--
            ``(A) specify a time period for ending overfishing and 
        rebuilding the fishery that shall--
                ``(i) be as short as possible, taking into account the 
            status and biology of any overfished stocks of fish, the 
            needs of fishing communities, recommendations by 
            international organizations in which the United States 
            participates, and the interaction of the overfished stock 
            of fish within the marine ecosystem; and
                ``(ii) not exceed 10 years, except in cases where the 
            biology of the stock of fish, other environmental 
            conditions, or management measures under an international 
            agreement in which the United States participates dictate 
            otherwise;
            ``(B) allocate both overfishing restrictions and recovery 
        benefits fairly and equitably among sectors of the fishery; and
            ``(C) for fisheries managed under an international 
        agreement, reflect traditional participation in the fishery, 
        relative to other nations, by fishermen of the United States.
        ``(5) If, within the one-year period beginning on the date of 
    identification or notification that a fishery is overfished, the 
    Council does not submit to the Secretary a fishery management plan, 
    plan amendment, or proposed regulations required by paragraph 
    (3)(A), the Secretary shall prepare a fishery management plan or 
    plan amendment and any accompanying regulations to stop overfishing 
    and rebuild affected stocks of fish within 9 months under 
    subsection (c).
        ``(6) During the development of a fishery management plan, a 
    plan amendment, or proposed regulations required by this 
    subsection, the Council may request the Secretary to implement 
    interim measures to reduce overfishing under section 305(c) until 
    such measures can be replaced by such plan, amendment, or 
    regulations. Such measures, if otherwise in compliance with the 
    provisions of this Act, may be implemented even though they are not 
    sufficient by themselves to stop overfishing of a fishery.
        ``(7) The Secretary shall review any fishery management plan, 
    plan amendment, or regulations required by this subsection at 
    routine intervals that may not exceed two years. If the Secretary 
    finds as a result of the review that such plan, amendment, or 
    regulations have not resulted in adequate progress toward ending 
    overfishing and rebuilding affected fish stocks, the Secretary 
    shall--
            ``(A) in the case of a fishery to which section 302(a)(3) 
        applies, immediately make revisions necessary to achieve 
        adequate progress; or
            ``(B) for all other fisheries, immediately notify the 
        appropriate Council. Such notification shall recommend further 
        conservation and management measures which the Council should 
        consider under paragraph (3) to achieve adequate progress.''.
    (f) Fisheries under Authority of More Than One Council.--Section 
304(f) is amended by striking paragraph (3).
    (g) Atlantic Highly Migratory Species.--Section 304 (16 U.S.C. 
1854) is amended further by striking subsection (g) and inserting the 
following:
    ``(g) Atlantic Highly Migratory Species.--(1) Preparation and 
implementation of plan or plan amendment.--The Secretary shall prepare 
a fishery management plan or plan amendment under subsection (c) with 
respect to any highly migratory species fishery to which section 
302(a)(3) applies. In preparing and implementing any such plan or 
amendment, the Secretary shall--
        ``(A) consult with and consider the comments and views of 
    affected Councils, commissioners and advisory groups appointed 
    under Acts implementing relevant international fishery agreements 
    pertaining to highly migratory species, and the advisory panel 
    established under section 302(g);
        ``(B) establish an advisory panel under section 302(g) for each 
    fishery management plan to be prepared under this paragraph;
        ``(C) evaluate the likely effects, if any, of conservation and 
    management measures on participants in the affected fisheries and 
    minimize, to the extent practicable, any disadvantage to United 
    States fishermen in relation to foreign competitors;
        ``(D) with respect to a highly migratory species for which the 
    United States is authorized to harvest an allocation, quota, or at 
    a fishing mortality level under a relevant international fishery 
    agreement, provide fishing vessels of the United States with a 
    reasonable opportunity to harvest such allocation, quota, or at 
    such fishing mortality level;
        ``(E) review, on a continuing basis (and promptly whenever a 
    recommendation pertaining to fishing for highly migratory species 
    has been made under a relevant international fishery agreement), 
    and revise as appropriate, the conservation and management measures 
    included in the plan;
        ``(F) diligently pursue, through international entities (such 
    as the International Commission for the Conservation of Atlantic 
    Tunas), comparable international fishery management measures with 
    respect to fishing for highly migratory species; and
        ``(G) ensure that conservation and management measures under 
    this subsection--
            ``(i) promote international conservation of the affected 
        fishery;
            ``(ii) take into consideration traditional fishing patterns 
        of fishing vessels of the United States and the operating 
        requirements of the fisheries;
            ``(iii) are fair and equitable in allocating fishing 
        privileges among United States fishermen and do not have 
        economic allocation as the sole purpose; and
            ``(iv) promote, to the extent practicable, implementation 
        of scientific research programs that include the tagging and 
        release of Atlantic highly migratory species.
    ``(2) Certain fish excluded from `bycatch' definition.--
Notwithstanding section 3(2), fish harvested in a commercial fishery 
managed by the Secretary under this subsection or the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971d) that are not regulatory 
discards and that are tagged and released alive under a scientific 
tagging and release program established by the Secretary shall not be 
considered bycatch for purposes of this Act.''.
    (h) Comprehensive Management System for Atlantic Pelagic Longline 
Fishery.--(1) The Secretary of Commerce shall--
        (A) establish an advisory panel under section 302(g)(4) of the 
    Magnuson Fishery Conservation and Management Act, as amended by 
    this Act, for pelagic longline fishing vessels that participate in 
    fisheries for Atlantic highly migratory species;
        (B) conduct surveys and workshops with affected fishery 
    participants to provide information and identify options for future 
    management programs;
        (C) to the extent practicable and necessary for the evaluation 
    of options for a comprehensive management system, recover vessel 
    production records; and
        (D) complete by January 1, 1998, a comprehensive study on the 
    feasibility of implementing a comprehensive management system for 
    pelagic longline fishing vessels that participate in fisheries for 
    Atlantic highly migratory species, including, but not limited to, 
    individual fishing quota programs and other limited access systems.
    (2) Based on the study under paragraph (1)(D) and consistent with 
the requirements of the Magnuson Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.), in cooperation with affected participants 
in the fishery, the United States Commissioners on the International 
Commission for the Conservation of Atlantic Tunas, and the advisory 
panel established under paragraph (1)(A), the Secretary of Commerce 
may, after October 1, 1998, implement a comprehensive management system 
pursuant to section 304 of such Act (16 U.S.C. 1854) for pelagic 
longline fishing vessels that participate in fisheries for Atlantic 
highly migratory species. Such a system may not implement an individual 
fishing quota program until after October 1, 2000.
    (i) Repeal or Revocation of a Fishery Management Plan.--Section 
304, as amended, is further amended by adding at the end the following:
    ``(h) Repeal or Revocation of a Fishery Management Plan.--The 
Secretary may repeal or revoke a fishery management plan for a fishery 
under the authority of a Council only if the Council approves the 
repeal or revocation by a three-quarters majority of the voting members 
of the Council.''.
    (j) American Lobster Fishery.--Section 304(h) of the Magnuson 
Fishery Conservation and Management Act, as amended by this Act, shall 
not apply to the American Lobster Fishery Management Plan.

SEC. 110. OTHER REQUIREMENTS AND AUTHORITY.

    (a) Section 305 (18 U.S.C. 1855) is amended--
        (1) by striking the title and subsection (a);
        (2) by redesignating subsection (b) as subsection (f); and
        (3) by inserting the following before subsection (c):

``SEC. 305. OTHER REQUIREMENTS AND AUTHORITY.

     ``(a) Gear Evaluation and Notification of Entry.--
        ``(1) Not later than 18 months after the date of enactment of 
    the Sustainable Fisheries Act, the Secretary shall publish in the 
    Federal Register, after notice and an opportunity for public 
    comment, a list of all fisheries--
            ``(A) under the authority of each Council and all fishing 
        gear used in such fisheries, based on information submitted by 
        the Councils under section 303(a); and
            ``(B) to which section 302(a)(3) applies and all fishing 
        gear used in such fisheries.
        ``(2) The Secretary shall include with such list guidelines for 
    determining when fishing gear or a fishery is sufficiently 
    different from those listed as to require notification under 
    paragraph (3).
        ``(3) Effective 180 days after the publication of such list, no 
    person or vessel may employ fishing gear or engage in a fishery not 
    included on such list without giving 90 days advance written notice 
    to the appropriate Council, or the Secretary with respect to a 
    fishery to which section 302(a)(3) applies. A signed return receipt 
    shall serve as adequate evidence of such notice and as the date 
    upon which the 90-day period begins.
        ``(4) A Council may submit to the Secretary any proposed 
    changes to such list or such guidelines the Council deems 
    appropriate. The Secretary shall publish a revised list, after 
    notice and an opportunity for public comment, upon receiving any 
    such proposed changes from a Council.
        ``(5) A Council may request the Secretary to promulgate 
    emergency regulations under subsection (c) to prohibit any persons 
    or vessels from using an unlisted fishing gear or engaging in an 
    unlisted fishery if the appropriate Council, or the Secretary for 
    fisheries to which section 302(a)(3) applies, determines that such 
    unlisted gear or unlisted fishery would compromise the 
    effectiveness of conservation and management efforts under this 
    Act.
        ``(6) Nothing in this subsection shall be construed to permit a 
    person or vessel to engage in fishing or employ fishing gear when 
    such fishing or gear is prohibited or restricted by regulation 
    under a fishery management plan or plan amendment, or under other 
    applicable law.
    ``(b) Fish Habitat.--(1)(A) The Secretary shall, within 6 months of 
the date of enactment of the Sustainable Fisheries Act, establish by 
regulation guidelines to assist the Councils in the description and 
identification of essential fish habitat in fishery management plans 
(including adverse impacts on such habitat) and in the consideration of 
actions to ensure the conservation and enhancement of such habitat. The 
Secretary shall set forth a schedule for the amendment of fishery 
management plans to include the identification of essential fish 
habitat and for the review and updating of such identifications based 
on new scientific evidence or other relevant information.
    ``(B) The Secretary, in consultation with participants in the 
fishery, shall provide each Council with recommendations and 
information regarding each fishery under that Council's authority to 
assist it in the identification of essential fish habitat, the adverse 
impacts on that habitat, and the actions that should be considered to 
ensure the conservation and enhancement of that habitat.
    ``(C) The Secretary shall review programs administered by the 
Department of Commerce and ensure that any relevant programs further 
the conservation and enhancement of essential fish habitat.
    ``(D) The Secretary shall coordinate with and provide information 
to other Federal agencies to further the conservation and enhancement 
of essential fish habitat.
    ``(2) Each Federal agency shall consult with the Secretary with 
respect to any action authorized, funded, or undertaken, or proposed to 
be authorized, funded, or undertaken, by such agency that may adversely 
affect any essential fish habitat identified under this Act.
    ``(3) Each Council--
        ``(A) may comment on and make recommendations to the Secretary 
    and any Federal or State agency concerning any activity authorized, 
    funded, or undertaken, or proposed to be authorized, funded, or 
    undertaken, by any Federal or State agency that, in the view of the 
    Council, may affect the habitat, including essential fish habitat, 
    of a fishery resource under its authority; and
        ``(B) shall comment on and make recommendations to the 
    Secretary and any Federal or State agency concerning any such 
    activity that, in the view of the Council, is likely to 
    substantially affect the habitat, including essential fish habitat, 
    of an anadromous fishery resource under its authority.
    ``(4)(A) If the Secretary receives information from a Council or 
Federal or State agency or determines from other sources that an action 
authorized, funded, or undertaken, or proposed to be authorized, 
funded, or undertaken, by any State or Federal agency would adversely 
affect any essential fish habitat identified under this Act, the 
Secretary shall recommend to such agency measures that can be taken by 
such agency to conserve such habitat.
    ``(B) Within 30 days after receiving a recommendation under 
subparagraph (A), a Federal agency shall provide a detailed response in 
writing to any Council commenting under paragraph (3) and the Secretary 
regarding the matter. The response shall include a description of 
measures proposed by the agency for avoiding, mitigating, or offsetting 
the impact of the activity on such habitat. In the case of a response 
that is inconsistent with the recommendations of the Secretary, the 
Federal agency shall explain its reasons for not following the 
recommendations.''.
    (b) Section 305(c) (16 U.S.C. 1855(c)) is amended--
        (1) in the heading by striking ``Actions'' and inserting 
    ``Actions and Interim Measures'';
        (2) in paragraphs (1) and (2)--
            (A) by striking ``involving'' and inserting ``or that 
        interim measures are needed to reduce overfishing for''; and
            (B) by inserting ``or interim measures'' after ``emergency 
        regulations''; and
            (C) by inserting ``or overfishing'' after ``emergency''; 
        and
        (3) in paragraph (3)--
            (A) by inserting ``or interim measure'' after ``emergency 
        regulation'' each place such term appears;
            (B) by striking subparagraph (B);
            (C) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (D) by inserting after subparagraph (A) the following:
            ``(B) shall, except as provided in subparagraph (C), remain 
        in effect for not more than 180 days after the date of 
        publication, and may be extended by publication in the Federal 
        Register for one additional period of not more than 180 days, 
        provided the public has had an opportunity to comment on the 
        emergency regulation or interim measure, and, in the case of a 
        Council recommendation for emergency regulations or interim 
        measures, the Council is actively preparing a fishery 
        management plan, plan amendment, or proposed regulations to 
        address the emergency or overfishing on a permanent basis;
            ``(C) that responds to a public health emergency or an oil 
        spill may remain in effect until the circumstances that created 
        the emergency no longer exist, Provided, That the public has an 
        opportunity to comment after the regulation is published, and, 
        in the case of a public health emergency, the Secretary of 
        Health and Human Services concurs with the Secretary's action; 
        and''.
    (c) Section 305(e) is amended--
        (1) by striking ``12291, dated February 17, 1981,'' and 
    inserting ``12866, dated September 30, 1993,''; and
        (2) by striking ``subsection (c) or section 304(a) and (b)'' 
    and inserting ``subsections (a), (b), and (c) of section 304''.
    (d) Section 305, as amended, is further amended by adding at the 
end the following:
    ``(g) Negotiated Conservation and Management Measures.--
        ``(1)(A) In accordance with regulations promulgated by the 
    Secretary pursuant to this paragraph, a Council may establish a 
    fishery negotiation panel to assist in the development of specific 
    conservation and management measures for a fishery under its 
    authority. The Secretary may establish a fishery negotiation panel 
    to assist in the development of specific conservation and 
    management measures required for a fishery under section 304(e)(5), 
    for a fishery for which the Secretary has authority under section 
    304(g), or for any other fishery with the approval of the 
    appropriate Council.
        ``(B) No later than 180 days after the date of enactment of the 
    Sustainable Fisheries Act, the Secretary shall promulgate 
    regulations establishing procedures, developed in cooperation with 
    the Administrative Conference of the United States, for the 
    establishment and operation of fishery negotiation panels. Such 
    procedures shall be comparable to the procedures for negotiated 
    rulemaking established by subchapter III of chapter 5 of title 5, 
    United States Code.
        ``(2) If a negotiation panel submits a report, such report 
    shall specify all the areas where consensus was reached by the 
    panel, including, if appropriate, proposed conservation and 
    management measures, as well as any other information submitted by 
    members of the negotiation panel. Upon receipt, the Secretary shall 
    publish such report in the Federal Register for public comment.
        ``(3) Nothing in this subsection shall be construed to require 
    either a Council or the Secretary, whichever is appropriate, to use 
    all or any portion of a report from a negotiation panel established 
    under this subsection in the development of specific conservation 
    and management measures for the fishery for which the panel was 
    established.
    ``(h) Central Registry System for Limited Access System Permits.--
        ``(1) Within 6 months after the date of enactment of the 
    Sustainable Fisheries Act, the Secretary shall establish an 
    exclusive central registry system (which may be administered on a 
    regional basis) for limited access system permits established under 
    section 303(b)(6) or other Federal law, including individual 
    fishing quotas, which shall provide for the registration of title 
    to, and interests in, such permits, as well as for procedures for 
    changes in the registration of title to such permits upon the 
    occurrence of involuntary transfers, judicial or nonjudicial 
    foreclosure of interests, enforcement of judgments thereon, and 
    related matters deemed appropriate by the Secretary. Such registry 
    system shall--
            ``(A) provide a mechanism for filing notice of a 
        nonjudicial foreclosure or enforcement of a judgment by which 
        the holder of a senior security interest acquires or conveys 
        ownership of a permit, and in the event of a nonjudicial 
        foreclosure, by which the interests of the holders of junior 
        security interests are released when the permit is transferred;
            ``(B) provide for public access to the information filed 
        under such system, notwithstanding section 402(b); and
            ``(C) provide such notice and other requirements of 
        applicable law that the Secretary deems necessary for an 
        effective registry system.
        ``(2) The Secretary shall promulgate such regulations as may be 
    necessary to carry out this subsection, after consulting with the 
    Councils and providing an opportunity for public comment. The 
    Secretary is authorized to contract with non-Federal entities to 
    administer the central registry system.
        ``(3) To be effective and perfected against any person except 
    the transferor, its heirs and devisees, and persons having actual 
    notice thereof, all security interests, and all sales and other 
    transfers of permits described in paragraph (1), shall be 
    registered in compliance with the regulations promulgated under 
    paragraph (2). Such registration shall constitute the exclusive 
    means of perfection of title to, and security interests in, such 
    permits, except for Federal tax liens thereon, which shall be 
    perfected exclusively in accordance with the Internal Revenue Code 
    of 1986 (26 U.S.C. 1 et seq.). The Secretary shall notify both the 
    buyer and seller of a permit if a lien has been filed by the 
    Secretary of the Treasury against the permit before collecting any 
    transfer fee under paragraph (5) of this subsection.
        ``(4) The priority of security interests shall be determined in 
    order of filing, the first filed having the highest priority. A 
    validly-filed security interest shall remain valid and perfected 
    notwithstanding a change in residence or place of business of the 
    owner of record. For the purposes of this subsection, `security 
    interest' shall include security interests, assignments, liens and 
    other encumbrances of whatever kind.
        ``(5)(A) Notwithstanding section 304(d)(1), the Secretary shall 
    collect a reasonable fee of not more than one-half of one percent 
    of the value of a limited access system permit upon registration of 
    the title to such permit with the central registry system and upon 
    the transfer of such registered title. Any such fee collected shall 
    be deposited in the Limited Access System Administration Fund 
    established under subparagraph (B).
        ``(B) There is established in the Treasury a Limited Access 
    System Administration Fund. The Fund shall be available, without 
    appropriation or fiscal year limitation, only to the Secretary for 
    the purposes of--
            ``(i) administering the central registry system; and
            ``(ii) administering and implementing this Act in the 
        fishery in which the fees were collected. Sums in the Fund that 
        are not currently needed for these purposes shall be kept on 
        deposit or invested in obligations of, or guaranteed by, the 
        United States.''.
    (e) Registry Transition.--Security interests on permits described 
under section 305(h)(1) of the Magnuson Fishery Conservation and 
Management Act, as amended by this Act, that are effective and 
perfected by otherwise applicable law on the date of the final 
regulations implementing section 305(h) shall remain effective and 
perfected if, within 120 days after such date, the secured party 
submits evidence satisfactory to the Secretary of Commerce and in 
compliance with such regulations of the perfection of such security.

SEC. 111. PACIFIC COMMUNITY FISHERIES.

    (a) Harold Sparck Memorial Community Development Quota Program.--
Section 305, as amended, is amended further by adding at the end:
    ``(i) Alaska and Western Pacific Community Development Programs.--
        ``(1)(A) The North Pacific Council and the Secretary shall 
    establish a western Alaska community development quota program 
    under which a percentage of the total allowable catch of any Bering 
    Sea fishery is allocated to the program.
        ``(B) To be eligible to participate in the western Alaska 
    community development quota program under subparagraph (A) a 
    community shall--
            ``(i) be located within 50 nautical miles from the baseline 
        from which the breadth of the territorial sea is measured along 
        the Bering Sea coast from the Bering Strait to the western most 
        of the Aleutian Islands, or on an island within the Bering Sea;
            ``(ii) not be located on the Gulf of Alaska coast of the 
        north Pacific Ocean;
            ``(iii) meet criteria developed by the Governor of Alaska, 
        approved by the Secretary, and published in the Federal 
        Register;
            ``(iv) be certified by the Secretary of the Interior 
        pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 
        1601 et seq.) to be a Native village;
            ``(v) consist of residents who conduct more than one-half 
        of their current commercial or subsistence fishing effort in 
        the waters of the Bering Sea or waters surrounding the Aleutian 
        Islands; and
            ``(vi) not have previously developed harvesting or 
        processing capability sufficient to support substantial 
        participation in the groundfish fisheries in the Bering Sea, 
        unless the community can show that the benefits from an 
        approved Community Development Plan would be the only way for 
        the community to realize a return from previous investments.
        ``(C)(i) Prior to October 1, 2001, the North Pacific Council 
    may not submit to the Secretary any fishery management plan, plan 
    amendment, or regulation that allocates to the western Alaska 
    community development quota program a percentage of the total 
    allowable catch of any Bering Sea fishery for which, prior to 
    October 1, 1995, the Council had not approved a percentage of the 
    total allowable catch for allocation to such community development 
    quota program. The expiration of any plan, amendment, or regulation 
    that meets the requirements of clause (ii) prior to October 1, 
    2001, shall not be construed to prohibit the Council from 
    submitting a revision or extension of such plan, amendment, or 
    regulation to the Secretary if such revision or extension complies 
    with the other requirements of this paragraph.
        ``(ii) With respect to a fishery management plan, plan 
    amendment, or regulation for a Bering Sea fishery that--
            ``(I) allocates to the western Alaska community development 
        quota program a percentage of the total allowable catch of such 
        fishery; and
            ``(II) was approved by the North Pacific Council prior to 
        October 1, 1995;
    the Secretary shall, except as provided in clause (iii) and after 
    approval of such plan, amendment, or regulation under section 304, 
    allocate to the program the percentage of the total allowable catch 
    described in such plan, amendment, or regulation. Prior to October 
    1, 2001, the percentage submitted by the Council and approved by 
    the Secretary for any such plan, amendment, or regulation shall be 
    no greater than the percentage approved by the Council for such 
    fishery prior to October 1, 1995.
        ``(iii) The Secretary shall phase in the percentage for 
    community development quotas approved in 1995 by the North Pacific 
    Council for the Bering Sea crab fisheries as follows:
            ``(I) 3.5 percent of the total allowable catch of each such 
        fishery for 1998 shall be allocated to the western Alaska 
        community development quota program;
            ``(II) 5 percent of the total allowable catch of each such 
        fishery for 1999 shall be allocated to the western Alaska 
        community development quota program; and
            ``(III) 7.5 percent of the total allowable catch of each 
        such fishery for 2000 and thereafter shall be allocated to the 
        western Alaska community development quota program, unless the 
        North Pacific Council submits and the Secretary approves a 
        percentage that is no greater than 7.5 percent of the total 
        allowable catch of each such fishery for 2001 or the North 
        Pacific Council submits and the Secretary approves any other 
        percentage on or after October 1, 2001.
        ``(D) This paragraph shall not be construed to require the 
    North Pacific Council to resubmit, or the Secretary to reapprove, 
    any fishery management plan or plan amendment approved by the North 
    Pacific Council prior to October 1, 1995, that includes a community 
    development quota program, or any regulations to implement such 
    plan or amendment.
        ``(2)(A) The Western Pacific Council and the Secretary may 
    establish a western Pacific community development program for any 
    fishery under the authority of such Council in order to provide 
    access to such fishery for western Pacific communities that 
    participate in the program.
        ``(B) To be eligible to participate in the western Pacific 
    community development program, a community shall--
            ``(i) be located within the Western Pacific Regional 
        Fishery Management Area;
            ``(ii) meet criteria developed by the Western Pacific 
        Council, approved by the Secretary and published in the Federal 
        Register;
            ``(iii) consist of community residents who are descended 
        from the aboriginal people indigenous to the area who conducted 
        commercial or subsistence fishing using traditional fishing 
        practices in the waters of the Western Pacific region;
            ``(iv) not have previously developed harvesting or 
        processing capability sufficient to support substantial 
        participation in fisheries in the Western Pacific Regional 
        Fishery Management Area; and
            ``(v) develop and submit a Community Development Plan to 
        the Western Pacific Council and the Secretary.
        ``(C) In developing the criteria for eligible communities under 
    subparagraph (B)(ii), the Western Pacific Council shall base such 
    criteria on traditional fishing practices in or dependence on the 
    fishery, the cultural and social framework relevant to the fishery, 
    and economic barriers to access to the fishery.
        ``(D) For the purposes of this subsection `Western Pacific 
    Regional Fishery Management Area' means the area under the 
    jurisdiction of the Western Pacific Council, or an island within 
    such area.
        ``(E) Notwithstanding any other provision of this Act, the 
    Western Pacific Council shall take into account traditional 
    indigenous fishing practices in preparing any fishery management 
    plan.
        ``(3) The Secretary shall deduct from any fees collected from a 
    community development quota program under section 304(d)(2) the 
    costs incurred by participants in the program for observer and 
    reporting requirements which are in addition to observer and 
    reporting requirements of other participants in the fishery in 
    which the allocation to such program has been made.
        ``(4) After the date of enactment of the Sustainable Fisheries 
    Act, the North Pacific Council and Western Pacific Council may not 
    submit to the Secretary a community development quota program that 
    is not in compliance with this subsection.''.
    (b) Western Pacific Demonstration Projects.--(1) The Secretary of 
Commerce and the Secretary of the Interior are authorized to make 
direct grants to eligible western Pacific communities, as recommended 
by the Western Pacific Fishery Management Council, for the purpose of 
establishing not less than three and not more than five fishery 
demonstration projects to foster and promote traditional indigenous 
fishing practices. The total amount of grants awarded under this 
subsection shall not exceed $500,000 in each fiscal year.
    (2) Demonstration projects funded pursuant to this subsection shall 
foster and promote the involvement of western Pacific communities in 
western Pacific fisheries and may--
        (A) identify and apply traditional indigenous fishing 
    practices;
        (B) develop or enhance western Pacific community-based fishing 
    opportunities; and
        (C) involve research, community education, or the acquisition 
    of materials and equipment necessary to carry out any such 
    demonstration project.
    (3)(A) The Western Pacific Fishery Management Council, in 
consultation with the Secretary of Commerce, shall establish an 
advisory panel under section 302(g) of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1852(g)) to evaluate, 
determine the relative merits of, and annually rank applications for 
such grants. The panel shall consist of not more than 8 individuals who 
are knowledgeable or experienced in traditional indigenous fishery 
practices of western Pacific communities and who are not members or 
employees of the Western Pacific Fishery Management Council.
    (B) If the Secretary of Commerce or the Secretary of the Interior 
awards a grant for a demonstration project not in accordance with the 
rank given to such project by the advisory panel, the Secretary shall 
provide a detailed written explanation of the reasons therefor.
    (4) The Western Pacific Fishery Management Council shall, with the 
assistance of such advisory panel, submit an annual report to the 
Congress assessing the status and progress of demonstration projects 
carried out under this subsection.
    (5) Appropriate Federal agencies may provide technical assistance 
to western Pacific community-based entities to assist in carrying out 
demonstration projects under this subsection.
    (6) For the purposes of this subsection, `western Pacific 
community' shall mean a community eligible to participate under section 
305(i)(2)(B) of the Magnuson Fishery Conservation and Management Act, 
as amended by this Act.

SEC. 112. STATE JURISDICTION.

    (a) Paragraph (3) of section 306(a) (16 U.S.C. 1856(a)) is amended 
to read as follows:
        ``(3) A State may regulate a fishing vessel outside the 
    boundaries of the State in the following circumstances:
            ``(A) The fishing vessel is registered under the law of 
        that State, and (i) there is no fishery management plan or 
        other applicable Federal fishing regulations for the fishery in 
        which the vessel is operating; or (ii) the State's laws and 
        regulations are consistent with the fishery management plan and 
        applicable Federal fishing regulations for the fishery in which 
        the vessel is operating.
            ``(B) The fishery management plan for the fishery in which 
        the fishing vessel is operating delegates management of the 
        fishery to a State and the State's laws and regulations are 
        consistent with such fishery management plan. If at any time 
        the Secretary determines that a State law or regulation 
        applicable to a fishing vessel under this circumstance is not 
        consistent with the fishery management plan, the Secretary 
        shall promptly notify the State and the appropriate Council of 
        such determination and provide an opportunity for the State to 
        correct any inconsistencies identified in the notification. If, 
        after notice and opportunity for corrective action, the State 
        does not correct the inconsistencies identified by the 
        Secretary, the authority granted to the State under this 
        subparagraph shall not apply until the Secretary and the 
        appropriate Council find that the State has corrected the 
        inconsistencies. For a fishery for which there was a fishery 
        management plan in place on August 1, 1996 that did not 
        delegate management of the fishery to a State as of that date, 
        the authority provided by this subparagraph applies only if the 
        Council approves the delegation of management of the fishery to 
        the State by a three-quarters majority vote of the voting 
        members of the Council.
            ``(C) The fishing vessel is not registered under the law of 
        the State of Alaska and is operating in a fishery in the 
        exclusive economic zone off Alaska for which there was no 
        fishery management plan in place on August 1, 1996, and the 
        Secretary and the North Pacific Council find that there is a 
        legitimate interest of the State of Alaska in the conservation 
        and management of such fishery. The authority provided under 
        this subparagraph shall terminate when a fishery management 
        plan under this Act is approved and implemented for such 
        fishery.''.
    (b) Section 306(b) (16 U.S.C. 1856(b)) is amended by adding at the 
end the following:
        ``(3) If the State involved requests that a hearing be held 
    pursuant to paragraph (1), the Secretary shall conduct such hearing 
    prior to taking any action under paragraph (1).''.
    (c) Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amended--
        (1) by striking ``(4)(C); and'' in subparagraph (A) and 
    inserting ``(4)(C) or has received a permit under section 
    204(d);'';
        (2) by striking the period at the end of subparagraph (B) and 
    inserting a semicolon and the word ``and''; and
        (3) by inserting after subparagraph (B) the following:
            ``(C) the owner or operator of the vessel submits reports 
        on the tonnage of fish received from vessels of the United 
        States and the locations from which such fish were harvested, 
        in accordance with such procedures as the Secretary by 
        regulation shall prescribe.''.
    (d) Interim Authority for Dungeness Crab.--(1) Subject to the 
provisions of this subsection and notwithstanding section 306(a) of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1856(a)), 
the States of Washington, Oregon, and California may each enforce State 
laws and regulations governing fish harvesting and processing against 
any vessel operating in the exclusive economic zone off each respective 
State in a fishery for Dungeness crab (Cancer magister) for which there 
is no fishery management plan implemented under the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).
        (2) Any law or regulation promulgated under this subsection 
    shall apply equally to vessels operating in the exclusive economic 
    zone and adjacent State waters and shall be limited to--
            (A) establishment of season opening and closing dates, 
        including presoak dates for crab pots;
            (B) setting of minimum sizes and crab meat recovery rates;
            (C) restrictions on the retention of crab of a certain sex; 
        and
            (D) closure of areas or pot limitations to meet the harvest 
        requirements arising under the jurisdiction of United States v. 
        Washington, subproceeding 89-3.
        (3) With respect to the States of Washington, Oregon, and 
    California--
            (A) any State law limiting entry to a fishery subject to 
        regulation under this subsection may not be enforced against a 
        vessel that is operating in the exclusive economic zone off 
        that State and is not registered under the law of that State, 
        if the vessel is otherwise legally fishing in the exclusive 
        economic zone, except that State laws regulating landings may 
        be enforced; and
            (B) no vessel may harvest or process fish which is subject 
        to regulation under this subsection unless under an appropriate 
        State permit or pursuant to a Federal court order.
        (4) The authority provided under this subsection to regulate 
    the Dungeness crab fishery shall terminate on October 1, 1999, or 
    when a fishery management plan is implemented under the Magnuson 
    Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) 
    for such fishery, whichever date is earlier.
        (5) Nothing in this subsection shall reduce the authority of 
    any State, as such authority existed on July 1, 1996, to regulate 
    fishing, fish processing, or landing of fish.
        (6)(A) It is the sense of Congress that the Pacific Fishery 
    Management Council, at the earliest practicable date, should 
    develop and submit to the Secretary fishery management plans for 
    shellfish fisheries conducted in the geographic area of authority 
    of the Council, especially Dungeness crab, which are not subject to 
    a fishery management plan on the date of enactment of this Act.
        (B) Not later than December 1, 1997, the Pacific Fishery 
    Management Council shall provide a report to the Committee on 
    Commerce, Science, and Transportation of the Senate and the 
    Committee on Resources of the House of Representatives describing 
    the progress in developing the fishery management plans referred to 
    in subparagraph (A) and any impediments to such progress.

SEC. 113. PROHIBITED ACTS.

    (a) Section 307(1)(J)(i) (16 U.S.C. 1857(1)(J)(i)) is amended--
        (1) by striking ``plan,'' and inserting ``plan''; and
        (2) by inserting before the semicolon the following: ``, or in 
    the absence of any such plan, is smaller than the minimum 
    possession size in effect at the time under a coastal fishery 
    management plan for American lobster adopted by the Atlantic States 
    Marine Fisheries Commission under the Atlantic Coastal Fisheries 
    Cooperative Management Act (16 U.S.C. 5101 et seq.)''.
    (b) Section 307(1)(K) (16 U.S.C. 1857(1)(K)) is amended--
        (1) by striking ``knowingly steal or without authorization, 
    to'' and inserting ``to steal or attempt to steal or to negligently 
    and without authorization''; and
        (2) by striking ``gear, or attempt to do so;'' and insert 
    ``gear;''.
    (c) Section 307(1)(L) (16 U.S.C. 1857(1)(L)) is amended to read as 
follows:
            ``(L) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with any 
        observer on a vessel under this Act, or any data collector 
        employed by the National Marine Fisheries Service or under 
        contract to any person to carry out responsibilities under this 
        Act;''.
    (d) Section 307(1) (16 U.S.C. 1857(1)) is amended--
        (1) by striking ``or'' at the end of subparagraph (M);
        (2) by striking ``pollock.'' in subparagraph (N) and inserting 
    ``pollock; or''; and
        (3) by adding at the end the following:
            ``(O) to knowingly and willfully fail to disclose, or to 
        falsely disclose, any financial interest as required under 
        section 302(j), or to knowingly vote on a Council decision in 
        violation of section 302(j)(7)(A).''.
    (e) Section 307(2)(A) (16 U.S.C. 1857(2)(A)) is amended to read as 
follows:
            ``(A) in fishing within the boundaries of any State, 
        except--
                ``(i) recreational fishing permitted under section 
            201(i);
                ``(ii) fish processing permitted under section 306(c); 
            or
                ``(iii) transshipment at sea of fish or fish products 
            within the boundaries of any State in accordance with a 
            permit approved under section 204(d);''.
    (f) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended--
        (1) by striking ``(j)'' and inserting ``(i)''; and
        (2) by striking ``204(b) or (c)'' and inserting ``204(b), (c), 
    or (d)''.
    (g) Section 307(3) (16 U.S.C. 1857(3)) is amended to read as 
follows:
        ``(3) for any vessel of the United States, and for the owner or 
    operator of any vessel of the United States, to transfer at sea 
    directly or indirectly, or attempt to so transfer at sea, any 
    United States harvested fish to any foreign fishing vessel, while 
    such foreign vessel is within the exclusive economic zone or within 
    the boundaries of any State except to the extent that the foreign 
    fishing vessel has been permitted under section 204(d) or section 
    306(c) to receive such fish;''.
    (h) Section 307(4) (16 U.S.C. 1857(4)) is amended by inserting ``or 
within the boundaries of any State'' after ``zone''.
    SEC. 114. CIVIL PENALTIES AND PERMIT SANCTIONS; REBUTTABLE 
      PRESUMPTIONS.
    (a) Section 308(a) (16 U.S.C. 1858(a)) is amended by striking 
``ability to pay,'' and adding at the end the following new sentence: 
``In assessing such penalty the Secretary may also consider any 
information provided by the violator relating to the ability of the 
violator to pay, Provided, That the information is served on the 
Secretary at least 30 days prior to an administrative hearing.''.
    (b) The first sentence of section 308(b) (16 U.S.C. 1858(b)) is 
amended to read as follows: ``Any person against whom a civil penalty 
is assessed under subsection (a) or against whom a permit sanction is 
imposed under subsection (g) (other than a permit suspension for 
nonpayment of penalty or fine) may obtain review thereof in the United 
States district court for the appropriate district by filing a 
complaint against the Secretary in such court within 30 days from the 
date of such order.''.
    (c) Section 308(g)(1)(C) (16 U.S.C. 1858(g)(1)(C)) is amended by 
striking the matter from ``or (C) any'' through ``overdue,'' and 
inserting the following: ``(C) any amount in settlement of a civil 
forfeiture imposed on a vessel or other property, or any civil penalty 
or criminal fine imposed on a vessel or owner or operator of a vessel 
or any other person who has been issued or has applied for a permit 
under any marine resource law enforced by the Secretary has not been 
paid and is overdue, or (D) any payment required for observer services 
provided to or contracted by an owner or operator who has been issued a 
permit or applied for a permit under any marine resource law 
administered by the Secretary has not been paid and is overdue,''.
    (d) Section 310(e) (16 U.S.C. 1860(e)) is amended by adding at the 
end the following new paragraph:
        ``(3) For purposes of this Act, it shall be a rebuttable 
    presumption that any vessel that is shoreward of the outer boundary 
    of the exclusive economic zone of the United States or beyond the 
    exclusive economic zone of any nation, and that has gear on board 
    that is capable of use for large-scale driftnet fishing, is engaged 
    in such fishing.''.

SEC. 115. ENFORCEMENT.

    (a) The second sentence of section 311(d) (16 U.S.C. 1861(d)) is 
amended--
        (1) by striking ``Guam, any Commonwealth, territory, or'' and 
    inserting ``Guam or any''; and
        (2) by inserting a comma before the period and the following: 
    ``and except that in the case of the Northern Mariana Islands, the 
    appropriate court is the United States District Court for the 
    District of the Northern Mariana Islands''.
    (b) Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amended--
        (1) by striking ``fishery'' each place it appears and inserting 
    ``marine'';
        (2) by inserting ``of not less than 20 percent of the penalty 
    collected or $20,000, whichever is the lesser amount,'' after 
    ``reward'' in subparagraph (B), and
        (3) by striking subparagraph (E) and inserting the following:
            ``(E) claims of parties in interest to property disposed of 
        under section 612(b) of the Tariff Act of 1930 (19 U.S.C. 
        1612(b)), as made applicable by section 310(c) of this Act or 
        by any other marine resource law enforced by the Secretary, to 
        seizures made by the Secretary, in amounts determined by the 
        Secretary to be applicable to such claims at the time of 
        seizure; and''.
    (c) Section 311(e)(2) (16 U.S.C. 1861(e)(2)) is amended to read as 
follows:
        ``(2) Any person found in an administrative or judicial 
    proceeding to have violated this Act or any other marine resource 
    law enforced by the Secretary shall be liable for the cost incurred 
    in the sale, storage, care, and maintenance of any fish or other 
    property lawfully seized in connection with the violation.''.
    (d) Section 311 (16 U.S.C. 1861) is amended by redesignating 
subsection (g) as subsection (h), and by inserting the following after 
subsection (f):
    ``(g) Enforcement in the Pacific Insular Areas.--The Secretary, in 
consultation with the Governors of the Pacific Insular Areas and the 
Western Pacific Council, shall to the extent practicable support 
cooperative enforcement agreements between Federal and Pacific Insular 
Area authorities.''.
    (e) Section 311 (16 U.S.C. 1861), as amended by subsection (d), is 
amended by striking ``201(b), (c),'' in subsection (i)(1), as 
redesignated, and inserting ``201(b) or (c), or section 204(d),''.

SEC. 116. TRANSITION TO SUSTAINABLE FISHERIES.

    (a) Section 312 is amended to read as follows:

``SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES.

    ``(a) Fisheries Disaster Relief.--(1) At the discretion of the 
Secretary or at the request of the Governor of an affected State or a 
fishing community, the Secretary shall determine whether there is a 
commercial fishery failure due to a fishery resource disaster as a 
result of--
        ``(A) natural causes;
        ``(B) man-made causes beyond the control of fishery managers to 
    mitigate through conservation and management measures; or
        ``(C) undetermined causes.
    ``(2) Upon the determination under paragraph (1) that there is a 
commercial fishery failure, the Secretary is authorized to make sums 
available to be used by the affected State, fishing community, or by 
the Secretary in cooperation with the affected State or fishing 
community for assessing the economic and social effects of the 
commercial fishery failure, or any activity that the Secretary 
determines is appropriate to restore the fishery or prevent a similar 
failure in the future and to assist a fishing community affected by 
such failure. Before making funds available for an activity authorized 
under this section, the Secretary shall make a determination that such 
activity will not expand the size or scope of the commercial fishery 
failure in that fishery or into other fisheries or other geographic 
regions.
    ``(3) The Federal share of the cost of any activity carried out 
under the authority of this subsection shall not exceed 75 percent of 
the cost of that activity.
    ``(4) There are authorized to be appropriated to the Secretary such 
sums as are necessary for each of the fiscal years 1996, 1997, 1998, 
and 1999.
    ``(b) Fishing Capacity Reduction Program.--(1) The Secretary, at 
the request of the appropriate Council for fisheries under the 
authority of such Council, or the Governor of a State for fisheries 
under State authority, may conduct a fishing capacity reduction program 
(referred to in this section as the `program') in a fishery if the 
Secretary determines that the program--
        ``(A) is necessary to prevent or end overfishing, rebuild 
    stocks of fish, or achieve measurable and significant improvements 
    in the conservation and management of the fishery;
        ``(B) is consistent with the Federal or State fishery 
    management plan or program in effect for such fishery, as 
    appropriate, and that the fishery management plan--
            ``(i) will prevent the replacement of fishing capacity 
        removed by the program through a moratorium on new entrants, 
        restrictions on vessel upgrades, and other effort control 
        measures, taking into account the full potential fishing 
        capacity of the fleet; and
            ``(ii) establishes a specified or target total allowable 
        catch or other measures that trigger closure of the fishery or 
        adjustments to reduce catch; and
        ``(C) is cost-effective and capable of repaying any debt 
    obligation incurred under section 1111 of title XI of the Merchant 
    Marine Act, 1936.
    ``(2) The objective of the program shall be to obtain the maximum 
sustained reduction in fishing capacity at the least cost and in a 
minimum period of time. To achieve that objective, the Secretary is 
authorized to pay--
        ``(A) the owner of a fishing vessel, if such vessel is (i) 
    scrapped, or (ii) through the Secretary of the department in which 
    the Coast Guard is operating, subjected to title restrictions that 
    permanently prohibit and effectively prevent its use in fishing, 
    and if the permit authorizing the participation of the vessel in 
    the fishery is surrendered for permanent revocation and the owner 
    relinquishes any claim associated with the vessel and permit that 
    could qualify such owner for any present or future limited access 
    system permit in the fishery for which the program is established; 
    or
        ``(B) the holder of a permit authorizing participation in the 
    fishery, if such permit is surrendered for permanent revocation, 
    and such holder relinquishes any claim associated with the permit 
    and vessel used to harvest fishery resources under the permit that 
    could qualify such holder for any present or future limited access 
    system permit in the fishery for which the program was established.
    ``(3) Participation in the program shall be voluntary, but the 
Secretary shall ensure compliance by all who do participate.
    ``(4) The Secretary shall consult, as appropriate, with Councils, 
Federal agencies, State and regional authorities, affected fishing 
communities, participants in the fishery, conservation organizations, 
and other interested parties throughout the development and 
implementation of any program under this section.
    ``(c) Program Funding.--(1) The program may be funded by any 
combination of amounts--
        ``(A) available under clause (iv) of section 2(b)(1)(A) of the 
    Act of August 11, 1939 (15 U.S.C. 713c-3(b)(1)(A); the Saltonstall-
    Kennedy Act);
        ``(B) appropriated for the purposes of this section;
        ``(C) provided by an industry fee system established under 
    subsection (d) and in accordance with section 1111 of title XI of 
    the Merchant Marine Act, 1936; or
        ``(D) provided from any State or other public sources or 
    private or non-profit organizations.
    ``(2) All funds for the program, including any fees established 
under subsection (d), shall be paid into the fishing capacity reduction 
fund established under section 1111 of title XI of the Merchant Marine 
Act, 1936.
    ``(d) Industry Fee System.--(1)(A) If an industry fee system is 
necessary to fund the program, the Secretary, at the request of the 
appropriate Council, may conduct a referendum on such system. Prior to 
the referendum, the Secretary, in consultation with the Council, 
shall--
        ``(i) identify, to the extent practicable, and notify all 
    permit or vessel owners who would be affected by the program; and
        ``(ii) make available to such owners information about the 
    industry fee system describing the schedule, procedures, and 
    eligibility requirements for the referendum, the proposed program, 
    and the amount and duration and any other terms and conditions of 
    the proposed fee system.
    ``(B) The industry fee system shall be considered approved if the 
referendum votes which are cast in favor of the proposed system 
constitute a two-thirds majority of the participants voting.
    ``(2) Notwithstanding section 304(d) and consistent with an 
approved industry fee system, the Secretary is authorized to establish 
such a system to fund the program and repay debt obligations incurred 
pursuant to section 1111 of title XI of the Merchant Marine Act, 1936. 
The fees for a program established under this section shall--
        ``(A) be determined by the Secretary and adjusted from time to 
    time as the Secretary considers necessary to ensure the 
    availability of sufficient funds to repay such debt obligations;
        ``(B) not exceed 5 percent of the ex-vessel value of all fish 
    harvested from the fishery for which the program is established;
        ``(C) be deducted by the first ex-vessel fish purchaser from 
    the proceeds otherwise payable to the seller and accounted for and 
    forwarded by such fish purchasers to the Secretary in such manner 
    as the Secretary may establish; and
        ``(D) be in effect only until such time as the debt obligation 
    has been fully paid.
    ``(e) Implementation Plan.--(1) The Secretary, in consultation with 
the appropriate Council or State and other interested parties, shall 
prepare and publish in the Federal Register for a 60-day public comment 
period an implementation plan, including proposed regulations, for each 
program. The implementation plan shall--
        ``(A) define criteria for determining types and numbers of 
    vessels which are eligible for participation in the program taking 
    into account characteristics of the fishery, the requirements of 
    applicable fishery management plans, the needs of fishing 
    communities, and the need to minimize program costs; and
        ``(B) establish procedures for program participation (such as 
    submission of owner bid under an auction system or fair market-
    value assessment) including any terms and conditions for 
    participation which the Secretary deems to be reasonably necessary 
    to meet the goals of the program.
    ``(2) During the 60-day public comment period--
        ``(A) the Secretary shall conduct a public hearing in each 
    State affected by the program; and
        ``(B) the appropriate Council or State shall submit its 
    comments and recommendations, if any, regarding the plan and 
    regulations.
    ``(3) Within 45 days after the close of the public comment period, 
the Secretary, in consultation with the appropriate Council or State, 
shall analyze the public comment received and publish in the Federal 
Register a final implementation plan for the program and regulations 
for its implementation. The Secretary may not adopt a final 
implementation plan involving industry fees or debt obligation unless 
an industry fee system has been approved by a referendum under this 
section.''.
    (b) Study of Federal Investment.--The Secretary of Commerce shall 
establish a task force comprised of interested parties to study and 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Resources of the House of Representatives 
within 2 years of the date of enactment of this Act on the role of the 
Federal Government in--
        (1) subsidizing the expansion and contraction of fishing 
    capacity in fishing fleets managed under the Magnuson Fishery 
    Conservation and Management Act (16 U.S.C. 1801 et seq.); and
        (2) otherwise influencing the aggregate capital investments in 
    fisheries.
    (c) Section 2(b)(1)(A) of the Act of August 11, 1939 (15 U.S.C. 
713c3(b)(1)(A)) is amended--
        (1) by striking ``and'' at the end of clause (ii);
        (2) by striking the period at the end of clause (iii) and 
    inserting a semicolon and the word ``and''; and
        (3) by adding at the end the following new clause:
                ``(iv) to fund the Federal share of a fishing capacity 
            reduction program established under section 312 of the 
            Magnuson Fishery Conservation and Management Act; and''.
    SEC. 117. NORTH PACIFIC AND NORTHWEST ATLANTIC OCEAN FISHERIES.
    (a) North Pacific Fisheries Conservation.--Section 313 (16 U.S.C. 
1862) is amended--
        (1) by striking ``RESEARCH PLAN'' in the section heading and 
    inserting ``CONSERVATION'';
        (2) in subsection (a) by striking ``North Pacific Fishery 
    Management Council'' and inserting ``North Pacific Council''; and
        (3) by adding at the end the following:
    ``(f) Bycatch Reduction.--In implementing section 303(a)(11) and 
this section, the North Pacific Council shall submit conservation and 
management measures to lower, on an annual basis for a period of not 
less than four years, the total amount of economic discards occurring 
in the fisheries under its jurisdiction.
    ``(g) Bycatch Reduction Incentives.--(1) Notwithstanding section 
304(d), the North Pacific Council may submit, and the Secretary may 
approve, consistent with the provisions of this Act, a system of fines 
in a fishery to provide incentives to reduce bycatch and bycatch rates; 
except that such fines shall not exceed $25,000 per vessel per season. 
Any fines collected shall be deposited in the North Pacific Fishery 
Observer Fund, and may be made available by the Secretary to offset 
costs related to the reduction of bycatch in the fishery from which 
such fines were derived, including conservation and management measures 
and research, and to the State of Alaska to offset costs incurred by 
the State in the fishery from which such penalties were derived or in 
fisheries in which the State is directly involved in management or 
enforcement and which are directly affected by the fishery from which 
such penalties were derived.
    ``(2)(A) Notwithstanding section 303(d), and in addition to the 
authority provided in section 303(b)(10), the North Pacific Council may 
submit, and the Secretary may approve, conservation and management 
measures which provide allocations of regulatory discards to individual 
fishing vessels as an incentive to reduce per vessel bycatch and 
bycatch rates in a fishery, Provided, That--
        ``(i) such allocations may not be transferred for monetary 
    consideration and are made only on an annual basis; and
        ``(ii) any such conservation and management measures will meet 
    the requirements of subsection (h) and will result in an actual 
    reduction in regulatory discards in the fishery.
    ``(B) The North Pacific Council may submit restrictions in addition 
to the restriction imposed by clause (i) of subparagraph (A) on the 
transferability of any such allocations, and the Secretary may approve 
such recommendation.
    ``(h) Catch Measurement.--(1) By June 1, 1997 the North Pacific 
Council shall submit, and the Secretary may approve, consistent with 
the other provisions of this Act, conservation and management measures 
to ensure total catch measurement in each fishery under the 
jurisdiction of such Council. Such measures shall ensure the accurate 
enumeration, at a minimum, of target species, economic discards, and 
regulatory discards.
    ``(2) To the extent the measures submitted under paragraph (1) do 
not require United States fish processors and fish processing vessels 
(as defined in chapter 21 of title 46, United States Code) to weigh 
fish, the North Pacific Council and the Secretary shall submit a plan 
to the Congress by January 1, 1998, to allow for weighing, including 
recommendations to assist such processors and processing vessels in 
acquiring necessary equipment, unless the Council determines that such 
weighing is not necessary to meet the requirements of this subsection.
    ``(i) Full Retention and Utilization.--(1) The North Pacific 
Council shall submit to the Secretary by October 1, 1998 a report on 
the advisability of requiring the full retention by fishing vessels and 
full utilization by United States fish processors of economic discards 
in fisheries under its jurisdiction if such economic discards, or the 
mortality of such economic discards, cannot be avoided. The report 
shall address the projected impacts of such requirements on 
participants in the fishery and describe any full retention and full 
utilization requirements that have been implemented.
    ``(2) The report shall address the advisability of measures to 
minimize processing waste, including standards setting minimum 
percentages which must be processed for human consumption. For the 
purpose of the report, `processing waste' means that portion of any 
fish which is processed and which could be used for human consumption 
or other commercial use, but which is not so used.''.
    (b) Northwest Atlantic Ocean Fisheries.--Section 314 (16 U.S.C. 
1863) is amended by striking ``1997'' in subsection (a)(4) and 
inserting ``1999''.

               TITLE II--FISHERY MONITORING AND RESEARCH

SEC. 201. CHANGE OF TITLE.

    The heading of title IV (16 U.S.C. 1881 et seq.) is amended to read 
as follows:

             ``TITLE IV--FISHERY MONITORING AND RESEARCH''.

SEC. 202. REGISTRATION AND INFORMATION MANAGEMENT.

    Title IV (16 U.S.C. 1881 et seq.) is amended by inserting after the 
title heading the following:

``SEC. 401. REGISTRATION AND INFORMATION MANAGEMENT.

    ``(a) Standardized Fishing Vessel Registration and Information 
Management System.--The Secretary shall, in cooperation with the 
Secretary of the department in which the Coast Guard is operating, the 
States, the Councils, and Marine Fisheries Commissions, develop 
recommendations for implementation of a standardized fishing vessel 
registration and information management system on a regional basis. The 
recommendations shall be developed after consultation with interested 
governmental and nongovernmental parties and shall--
        ``(1) be designed to standardize the requirements of vessel 
    registration and information collection systems required by this 
    Act, the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), and 
    any other marine resource law implemented by the Secretary, and, 
    with the permission of a State, any marine resource law implemented 
    by such State;
        ``(2) integrate information collection programs under existing 
    fishery management plans into a non-duplicative information 
    collection and management system;
        ``(3) avoid duplication of existing State, tribal, or Federal 
    systems and shall utilize, to the maximum extent practicable, 
    information collected from existing systems;
        ``(4) provide for implementation of the system through 
    cooperative agreements with appropriate State, regional, or tribal 
    entities and Marine Fisheries Commissions;
        ``(5) provide for funding (subject to appropriations) to assist 
    appropriate State, regional, or tribal entities and Marine 
    Fisheries Commissions in implementation;
        ``(6) establish standardized units of measurement, 
    nomenclature, and formats for the collection and submission of 
    information;
        ``(7) minimize the paperwork required for vessels registered 
    under the system;
        ``(8) include all species of fish within the geographic areas 
    of authority of the Councils and all fishing vessels including 
    charter fishing vessels, but excluding recreational fishing 
    vessels;
        ``(9) require United States fish processors, and fish dealers 
    and other first ex-vessel purchasers of fish that are subject to 
    the proposed system, to submit information (other than economic 
    information) which may be necessary to meet the goals of the 
    proposed system; and
        ``(10) include procedures necessary to ensure--
            ``(A) the confidentiality of information collected under 
        this section in accordance with section 402(b); and
            ``(B) the timely release or availability to the public of 
        information collected under this section consistent with 
        section 402(b).
    ``(b) Fishing Vessel Registration.--The proposed registration 
system should, at a minimum, obtain the following information for each 
fishing vessel--
        ``(1) the name and official number or other identification, 
    together with the name and address of the owner or operator or 
    both;
        ``(2) gross tonnage, vessel capacity, type and quantity of 
    fishing gear, mode of operation (catcher, catcher processor, or 
    other), and such other pertinent information with respect to vessel 
    characteristics as the Secretary may require; and
        ``(3) identification (by species, gear type, geographic area of 
    operations, and season) of the fisheries in which the fishing 
    vessel participates.
    ``(c) Fishery Information.--The proposed information management 
system should, at a minimum, provide basic fisheries performance 
information for each fishery, including--
        ``(1) the number of vessels participating in the fishery 
    including charter fishing vessels;
        ``(2) the time period in which the fishery occurs;
        ``(3) the approximate geographic location or official reporting 
    area where the fishery occurs;
        ``(4) a description of fishing gear used in the fishery, 
    including the amount and type of such gear and the appropriate unit 
    of fishing effort; and
        ``(5) other information required under subsection 303(a)(5) or 
    requested by the Council under section 402.
    ``(d) Use of Registration.--Any registration recommended under this 
section shall not be considered a permit for the purposes of this Act, 
and the Secretary may not propose to revoke, suspend, deny, or impose 
any other conditions or restrictions on any such registration or the 
use of such registration under this Act.
    ``(e) Public Comment.--Within one year after the date of enactment 
of the Sustainable Fisheries Act, the Secretary shall publish in the 
Federal Register for a 60-day public comment period a proposal that 
would provide for implementation of a standardized fishing vessel 
registration and information collection system that meets the 
requirements of subsections (a) through (c). The proposal shall 
include--
        ``(1) a description of the arrangements of the Secretary for 
    consultation and cooperation with the department in which the Coast 
    Guard is operating, the States, the Councils, Marine Fisheries 
    Commissions, the fishing industry and other interested parties; and
        ``(2) any proposed regulations or legislation necessary to 
    implement the proposal.
    ``(f) Congressional Transmittal.--Within 60 days after the end of 
the comment period and after consideration of comments received under 
subsection (e), the Secretary shall transmit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Resources of the House of Representatives a recommended proposal for 
implementation of a national fishing vessel registration system that 
includes--
        ``(1) any modifications made after comment and consultation;
        ``(2) a proposed implementation schedule, including a schedule 
    for the proposed cooperative agreements required under subsection 
    (a)(4); and
        ``(3) recommendations for any such additional legislation as 
    the Secretary considers necessary or desirable to implement the 
    proposed system.
    ``(g) Report to Congress.--Within 15 months after the date of 
enactment of the Sustainable Fisheries Act, the Secretary shall report 
to Congress on the need to include recreational fishing vessels into a 
national fishing vessel registration and information collection system. 
In preparing its report, the Secretary shall cooperate with the 
Secretary of the department in which the Coast Guard is operating, the 
States, the Councils, and Marine Fisheries Commissions, and consult 
with governmental and nongovernmental parties.''.

SEC. 203. INFORMATION COLLECTION.

    Section 402 is amended to read as follows:

``SEC. 402. INFORMATION COLLECTION.

    ``(a) Council Requests.--If a Council determines that additional 
information (other than information that would disclose proprietary or 
confidential commercial or financial information regarding fishing 
operations or fish processing operations) would be beneficial for 
developing, implementing, or revising a fishery management plan or for 
determining whether a fishery is in need of management, the Council may 
request that the Secretary implement an information collection program 
for the fishery which would provide the types of information (other 
than information that would disclose proprietary or confidential 
commercial or financial information regarding fishing operations or 
fish processing operations) specified by the Council. The Secretary 
shall undertake such an information collection program if he determines 
that the need is justified, and shall promulgate regulations to 
implement the program within 60 days after such determination is made. 
If the Secretary determines that the need for an information collection 
program is not justified, the Secretary shall inform the Council of the 
reasons for such determination in writing. The determinations of the 
Secretary under this subsection regarding a Council request shall be 
made within a reasonable period of time after receipt of that request.
    ``(b) Confidentiality of Information.--(1) Any information 
submitted to the Secretary by any person in compliance with any 
requirement under this Act shall be confidential and shall not be 
disclosed, except--
        ``(A) to Federal employees and Council employees who are 
    responsible for fishery management plan development and monitoring;
        ``(B) to State or Marine Fisheries Commission employees 
    pursuant to an agreement with the Secretary that prevents public 
    disclosure of the identity or business of any person;
        ``(C) when required by court order;
        ``(D) when such information is used to verify catch under an 
    individual fishing quota program;
        ``(E) that observer information collected in fisheries under 
    the authority of the North Pacific Council may be released to the 
    public as specified in a fishery management plan or regulation for 
    weekly summary bycatch information identified by vessel, and for 
    haul-specific bycatch information without vessel identification; or
        ``(F) when the Secretary has obtained written authorization 
    from the person submitting such information to release such 
    information to persons for reasons not otherwise provided for in 
    this subsection, and such release does not violate other 
    requirements of this Act.
    ``(2) The Secretary shall, by regulation, prescribe such procedures 
as may be necessary to preserve the confidentiality of information 
submitted in compliance with any requirement or regulation under this 
Act, except that the Secretary may release or make public any such 
information in any aggregate or summary form which does not directly or 
indirectly disclose the identity or business of any person who submits 
such information. Nothing in this subsection shall be interpreted or 
construed to prevent the use for conservation and management purposes 
by the Secretary, or with the approval of the Secretary, the Council, 
of any information submitted in compliance with any requirement or 
regulation under this Act or the use, release, or publication of 
bycatch information pursuant to paragraph (1)(E).
    ``(c) Restriction on Use of Certain Information.--(1) The Secretary 
shall promulgate regulations to restrict the use, in civil enforcement 
or criminal proceedings under this Act, the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.), and the Endangered Species Act 
(16 U.S.C. 1531 et seq.), of information collected by voluntary fishery 
data collectors, including sea samplers, while aboard any vessel for 
conservation and management purposes if the presence of such a fishery 
data collector aboard is not required by any of such Acts or 
regulations thereunder.
    ``(2) The Secretary may not require the submission of a Federal or 
State income tax return or statement as a prerequisite for issuance of 
a permit until such time as the Secretary has promulgated regulations 
to ensure the confidentiality of information contained in such return 
or statement, to limit the information submitted to that necessary to 
achieve a demonstrated conservation and management purpose, and to 
provide appropriate penalties for violation of such regulations.
    ``(d) Contracting Authority.--Notwithstanding any other provision 
of law, the Secretary may provide a grant, contract, or other financial 
assistance on a sole-source basis to a State, Council, or Marine 
Fisheries Commission for the purpose of carrying out information 
collection or other programs if--
        ``(1) the recipient of such a grant, contract, or other 
    financial assistance is specified by statute to be, or has 
    customarily been, such State, Council, or Marine Fisheries 
    Commission; or
        ``(2) the Secretary has entered into a cooperative agreement 
    with such State, Council, or Marine Fisheries Commission.
    ``(e) Resource Assessments.--(1) The Secretary may use the private 
sector to provide vessels, equipment, and services necessary to survey 
the fishery resources of the United States when the arrangement will 
yield statistically reliable results.
        ``(2) The Secretary, in consultation with the appropriate 
    Council and the fishing industry--
            ``(A) may structure competitive solicitations under 
        paragraph (1) so as to compensate a contractor for a fishery 
        resources survey by allowing the contractor to retain for sale 
        fish harvested during the survey voyage;
            ``(B) in the case of a survey during which the quantity or 
        quality of fish harvested is not expected to be adequately 
        compensatory, may structure those solicitations so as to 
        provide that compensation by permitting the contractor to 
        harvest on a subsequent voyage and retain for sale a portion of 
        the allowable catch of the surveyed fishery; and
            ``(C) may permit fish harvested during such survey to count 
        toward a vessel's catch history under a fishery management plan 
        if such survey was conducted in a manner that precluded a 
        vessel's participation in a fishery that counted under the plan 
        for purposes of determining catch history.
    ``(3) The Secretary shall undertake efforts to expand annual 
fishery resource assessments in all regions of the Nation.''.

SEC. 204. OBSERVERS.

    Section 403 is amended to read as follows:

``SEC. 403. OBSERVERS.

    ``(a) Guidelines for Carrying Observers.--Within one year after the 
date of enactment of the Sustainable Fisheries Act, the Secretary shall 
promulgate regulations, after notice and opportunity for public 
comment, for fishing vessels that carry observers. The regulations 
shall include guidelines for determining--
        ``(1) when a vessel is not required to carry an observer on 
    board because the facilities of such vessel for the quartering of 
    an observer, or for carrying out observer functions, are so 
    inadequate or unsafe that the health or safety of the observer or 
    the safe operation of the vessel would be jeopardized; and
        ``(2) actions which vessel owners or operators may reasonably 
    be required to take to render such facilities adequate and safe.
    ``(b) Training.--The Secretary, in cooperation with the appropriate 
States and the National Sea Grant College Program, shall--
        ``(1) establish programs to ensure that each observer receives 
    adequate training in collecting and analyzing the information 
    necessary for the conservation and management purposes of the 
    fishery to which such observer is assigned;
        ``(2) require that an observer demonstrate competence in 
    fisheries science and statistical analysis at a level sufficient to 
    enable such person to fulfill the responsibilities of the position;
        ``(3) ensure that an observer has received adequate training in 
    basic vessel safety; and
        ``(4) make use of university and any appropriate private 
    nonprofit organization training facilities and resources, where 
    possible, in carrying out this subsection.
    ``(c) Observer Status.--An observer on a vessel and under contract 
to carry out responsibilities under this Act or the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall be deemed to be a 
Federal employee for the purpose of compensation under the Federal 
Employee Compensation Act (5 U.S.C. 8101 et seq.).''.

SEC. 205. FISHERIES RESEARCH.

    Section 404 is amended to read as follows:

``SEC. 404. FISHERIES RESEARCH.

    ``(a) In General.--The Secretary shall initiate and maintain, in 
cooperation with the Councils, a comprehensive program of fishery 
research to carry out and further the purposes, policy, and provisions 
of this Act. Such program shall be designed to acquire knowledge and 
information, including statistics, on fishery conservation and 
management and on the economics and social characteristics of the 
fisheries.
    ``(b) Strategic Plan.--Within one year after the date of enactment 
of the Sustainable Fisheries Act, and at least every 3 years 
thereafter, the Secretary shall develop and publish in the Federal 
Register a strategic plan for fisheries research for the 5 years 
immediately following such publication. The plan shall--
        ``(1) identify and describe a comprehensive program with a 
    limited number of priority objectives for research in each of the 
    areas specified in subsection (c);
        ``(2) indicate goals and timetables for the program described 
    in paragraph (1);
        ``(3) provide a role for commercial fishermen in such research, 
    including involvement in field testing;
        ``(4) provide for collection and dissemination, in a timely 
    manner, of complete and accurate information concerning fishing 
    activities, catch, effort, stock assessments, and other research 
    conducted under this section; and
        ``(5) be developed in cooperation with the Councils and 
    affected States, and provide for coordination with the Councils, 
    affected States, and other research entities.
    ``(c) Areas of Research.--Areas of research are as follows:
        ``(1) Research to support fishery conservation and management, 
    including but not limited to, biological research concerning the 
    abundance and life history parameters of stocks of fish, the 
    interdependence of fisheries or stocks of fish, the identification 
    of essential fish habitat, the impact of pollution on fish 
    populations, the impact of wetland and estuarine degradation, and 
    other factors affecting the abundance and availability of fish.
        ``(2) Conservation engineering research, including the study of 
    fish behavior and the development and testing of new gear 
    technology and fishing techniques to minimize bycatch and any 
    adverse effects on essential fish habitat and promote efficient 
    harvest of target species.
        ``(3) Research on the fisheries, including the social, 
    cultural, and economic relationships among fishing vessel owners, 
    crew, United States fish processors, associated shoreside labor, 
    seafood markets and fishing communities.
        ``(4) Information management research, including the 
    development of a fishery information base and an information 
    management system under section 401 that will permit the full use 
    of information in the support of effective fishery conservation and 
    management.
    ``(d) Public Notice.--In developing the plan required under 
subsection (a), the Secretary shall consult with relevant Federal, 
State, and international agencies, scientific and technical experts, 
and other interested persons, public and private, and shall publish a 
proposed plan in the Federal Register for the purpose of receiving 
public comment on the plan. The Secretary shall ensure that affected 
commercial fishermen are actively involved in the development of the 
portion of the plan pertaining to conservation engineering research. 
Upon final publication in the Federal Register, the plan shall be 
submitted by the Secretary to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Resources of the 
House of Representatives.''.

SEC. 206. INCIDENTAL HARVEST RESEARCH.

    Section 405 is amended to read as follows:

``SEC. 405. INCIDENTAL HARVEST RESEARCH.

    ``(a) Collection of Information.--Within nine months after the date 
of enactment of the Sustainable Fisheries Act, the Secretary shall, 
after consultation with the Gulf Council and South Atlantic Council, 
conclude the collection of information in the program to assess the 
impact on fishery resources of incidental harvest by the shrimp trawl 
fishery within the authority of such Councils. Within the same time 
period, the Secretary shall make available to the public aggregated 
summaries of information collected prior to June 30, 1994 under such 
program.
    ``(b) Identification of Stock.--The program concluded pursuant to 
subsection (a) shall provide for the identification of stocks of fish 
which are subject to significant incidental harvest in the course of 
normal shrimp trawl fishing activity.
    ``(c) Collection and Assessment of Specific Stock Information.--For 
stocks of fish identified pursuant to subsection (b), with priority 
given to stocks which (based upon the best available scientific 
information) are considered to be overfished, the Secretary shall 
conduct--
        ``(1) a program to collect and evaluate information on the 
    nature and extent (including the spatial and temporal distribution) 
    of incidental mortality of such stocks as a direct result of shrimp 
    trawl fishing activities;
        ``(2) an assessment of the status and condition of such stocks, 
    including collection of information which would allow the 
    estimation of life history parameters with sufficient accuracy and 
    precision to support sound scientific evaluation of the effects of 
    various management alternatives on the status of such stocks; and
        ``(3) a program of information collection and evaluation for 
    such stocks on the magnitude and distribution of fishing mortality 
    and fishing effort by sources of fishing mortality other than 
    shrimp trawl fishing activity.
    ``(d) Bycatch Reduction Program.--Not later than 12 months after 
the enactment of the Sustainable Fisheries Act, the Secretary shall, in 
cooperation with affected interests, and based upon the best scientific 
information available, complete a program to--
        ``(1) develop technological devices and other changes in 
    fishing operations necessary and appropriate to minimize the 
    incidental mortality of bycatch in the course of shrimp trawl 
    activity to the extent practicable, taking into account the level 
    of bycatch mortality in the fishery on November 28, 1990;
        ``(2) evaluate the ecological impacts and the benefits and 
    costs of such devices and changes in fishing operations; and
        ``(3) assess whether it is practicable to utilize bycatch which 
    is not avoidable.
    ``(e) Report to Congress.--The Secretary shall, within one year of 
completing the programs required by this section, submit a detailed 
report on the results of such programs to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Resources of the House of Representatives.
    ``(f) Implementation Criteria.--To the extent practicable, any 
conservation and management measure implemented under this Act to 
reduce the incidental mortality of bycatch in the course of shrimp 
trawl fishing shall be consistent with--
        ``(1) measures applicable to fishing throughout the range in 
    United States waters of the bycatch species concerned; and
        ``(2) the need to avoid any serious adverse environmental 
    impacts on such bycatch species or the ecology of the affected 
    area.''.

SEC. 207. MISCELLANEOUS RESEARCH.

    (a) Fisheries Systems Research.--Section 406 (16 U.S.C. 1882) is 
amended to read as follows:

``SEC. 406. FISHERIES SYSTEMS RESEARCH.

    ``(a) Establishment of Panel.--Not later than 180 days after the 
date of enactment of the Sustainable Fisheries Act, the Secretary shall 
establish an advisory panel under this Act to develop recommendations 
to expand the application of ecosystem principles in fishery 
conservation and management activities.
    ``(b) Panel Membership.--The advisory panel shall consist of not 
more than 20 individuals and include--
        ``(1) individuals with expertise in the structures, functions, 
    and physical and biological characteristics of ecosystems; and
        ``(2) representatives from the Councils, States, fishing 
    industry, conservation organizations, or others with expertise in 
    the management of marine resources.
    ``(c) Recommendations.--Prior to selecting advisory panel members, 
the Secretary shall, with respect to panel members described in 
subsection (b)(1), solicit recommendations from the National Academy of 
Sciences.
    ``(d) Report.--Within 2 years after the date of enactment of this 
Act, the Secretary shall submit to the Congress a completed report of 
the panel established under this section, which shall include--
        ``(1) an analysis of the extent to which ecosystem principles 
    are being applied in fishery conservation and management 
    activities, including research activities;
        ``(2) proposed actions by the Secretary and by the Congress 
    that should be undertaken to expand the application of ecosystem 
    principles in fishery conservation and management; and
        ``(3) such other information as may be appropriate.
    ``(e) Procedural Matter.--The advisory panel established under this 
section shall be deemed an advisory panel under section 302(g).''.
    (b) Gulf of Mexico Red Snapper Research.--Title IV of the Act (16 
U.S.C. 1882) is amended by adding the following new section:

``SEC. 407. GULF OF MEXICO RED SNAPPER RESEARCH.

    ``(a) Independent Peer Review.--(1) Within 30 days of the date of 
enactment of the Sustainable Fisheries Act, the Secretary shall 
initiate an independent peer review to evaluate--
        ``(A) the accuracy and adequacy of fishery statistics used by 
    the Secretary for the red snapper fishery in the Gulf of Mexico to 
    account for all commercial, recreational, and charter fishing 
    harvests and fishing effort on the stock;
        ``(B) the appropriateness of the scientific methods, 
    information, and models used by the Secretary to assess the status 
    and trends of the Gulf of Mexico red snapper stock and as the basis 
    for the fishery management plan for the Gulf of Mexico red snapper 
    fishery;
        ``(C) the appropriateness and adequacy of the management 
    measures in the fishery management plan for red snapper in the Gulf 
    of Mexico for conserving and managing the red snapper fishery under 
    this Act; and
        ``(D) the costs and benefits of all reasonable alternatives to 
    an individual fishing quota program for the red snapper fishery in 
    the Gulf of Mexico.
    ``(2) The Secretary shall ensure that commercial, recreational, and 
charter fishermen in the red snapper fishery in the Gulf of Mexico are 
provided an opportunity to--
        ``(A) participate in the peer review under this subsection; and
        ``(B) provide information to the Secretary concerning the 
    review of fishery statistics under this subsection without being 
    subject to penalty under this Act or other applicable law for any 
    past violation of a requirement to report such information to the 
    Secretary.
    ``(3) The Secretary shall submit a detailed written report on the 
findings of the peer review conducted under this subsection to the Gulf 
Council no later than one year after the date of enactment of the 
Sustainable Fisheries Act.
    ``(b) Prohibition.--In addition to the restrictions under section 
303(d)(1)(A), the Gulf Council may not, prior to October 1, 2000, 
undertake or continue the preparation of any fishery management plan, 
plan amendment or regulation under this Act for the Gulf of Mexico 
commercial red snapper fishery that creates an individual fishing quota 
program or that authorizes the consolidation of licenses, permits, or 
endorsements that result in different trip limits for vessels in the 
same class.
    ``(c) Referendum.--
        ``(1) On or after October 1, 2000, the Gulf Council may prepare 
    and submit a fishery management plan, plan amendment, or regulation 
    for the Gulf of Mexico commercial red snapper fishery that creates 
    an individual fishing quota program or that authorizes the 
    consolidation of licenses, permits, or endorsements that result in 
    different trip limits for vessels in the same class, only if the 
    preparation of such plan, amendment, or regulation is approved in a 
    referendum conducted under paragraph (2) and only if the submission 
    to the Secretary of such plan, amendment, or regulation is approved 
    in a subsequent referendum conducted under paragraph (2).
        ``(2) The Secretary, at the request of the Gulf Council, shall 
    conduct referendums under this subsection. Only a person who held 
    an annual vessel permit with a red snapper endorsement for such 
    permit on September 1, 1996 (or any person to whom such permit with 
    such endorsement was transferred after such date) and vessel 
    captains who harvested red snapper in a commercial fishery using 
    such endorsement in each red snapper fishing season occurring 
    between January 1, 1993, and such date may vote in a referendum 
    under this subsection. The referendum shall be decided by a 
    majority of the votes cast. The Secretary shall develop a formula 
    to weigh votes based on the proportional harvest under each such 
    permit and endorsement and by each such captain in the fishery 
    between January 1, 1993, and September 1, 1996. Prior to each 
    referendum, the Secretary, in consultation with the Council, 
    shall--
            ``(A) identify and notify all such persons holding permits 
        with red snapper endorsements and all such vessel captains; and
            ``(B) make available to all such persons and vessel 
        captains information about the schedule, procedures, and 
        eligibility requirements for the referendum and the proposed 
        individual fishing quota program.
    ``(d) Catch Limits.--Any fishery management plan, plan amendment, 
or regulation submitted by the Gulf Council for the red snapper fishery 
after the date of enactment of the Sustainable Fisheries Act shall 
contain conservation and management measures that--
        ``(1) establish separate quotas for recreational fishing 
    (which, for the purposes of this subsection shall include charter 
    fishing) and commercial fishing that, when reached, result in a 
    prohibition on the retention of fish caught during recreational 
    fishing and commercial fishing, respectively, for the remainder of 
    the fishing year; and
        ``(2) ensure that such quotas reflect allocations among such 
    sectors and do not reflect any harvests in excess of such 
    allocations.''.
    SEC. 208. STUDY OF CONTRIBUTION OF BYCATCH TO CHARITABLE 
      ORGANIZATIONS.
    (a) Study.--The Secretary of Commerce shall conduct a study of the 
contribution of bycatch to charitable organizations by commercial 
fishermen. The study shall include determinations of--
        (1) the amount of bycatch that is contributed each year to 
    charitable organizations by commercial fishermen;
        (2) the economic benefits to commercial fishermen from those 
    contributions; and
        (3) the impact on fisheries of the availability of those 
    benefits.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Commerce shall submit to the Congress a 
report containing determinations made in the study under subsection 
(a).
    (c) Bycatch Defined.--In this section the term ``bycatch'' has the 
meaning given that term in section 3 of the Magnuson Fishery 
Conservation and Management Act, as amended by section 102 of this Act.

SEC. 209. STUDY OF IDENTIFICATION METHODS FOR HARVEST STOCKS.

    (a) In General.--The Secretary of Commerce shall conduct a study to 
determine the best possible method of identifying various Atlantic and 
Pacific salmon and steelhead stocks in the ocean at time of harvest. 
The study shall include an assessment of--
        (1) coded wire tags;
        (2) fin clipping; and
        (3) other identification methods.
    (b) Report.--The Secretary shall report the results of the study, 
together with any recommendations for legislation deemed necessary 
based on the study, within 6 months after the date of enactment of this 
Act to the Committee on Resources of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 210. REVIEW OF NORTHEAST FISHERY STOCK ASSESSMENTS.

    The National Academy of Sciences, in consultation with regionally 
recognized fishery experts, shall conduct a peer review of Canadian and 
United States stock assessments, information collection methodologies, 
biological assumptions and projections, and other relevant scientific 
information used as the basis for conservation and management in the 
Northeast multispecies fishery. The National Academy of Sciences shall 
submit the results of such review to the Congress and the Secretary of 
Commerce no later than March 1, 1997.

SEC. 211. CLERICAL AMENDMENTS.

    The table of contents is amended by striking the matter relating to 
title IV and inserting the following:
``Sec. 312. Transition to sustainable fisheries.
``Sec. 313. North Pacific fisheries conservation.
``Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program.

               ``TITLE IV--FISHERY MONITORING AND RESEARCH

``Sec. 401. Registration and information management.
``Sec. 402. Information collection.
``Sec. 403. Observers.
``Sec. 404. Fisheries research.
``Sec. 405. Incidental harvest research.
``Sec. 406. Fisheries systems research.
``Sec. 407. Gulf of Mexico red snapper research.''.

                     TITLE III--FISHERIES FINANCING

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Fisheries Financing Act''.

SEC. 302. INDIVIDUAL FISHING QUOTA LOANS.

    (a) Amendment of Merchant Marine Act, 1936.--Section 1104A of the 
Merchant Marine Act, 1936 (46 U.S.C. App. 1274) is amended--
        (1) by striking ``or'' at the end of subsection (a)(5);
        (2) by striking the period at the end of subsection (a)(6) and 
    inserting a semicolon and ``or'';
        (3) by adding at the end of subsection (a) the following:
        ``(7) financing or refinancing, including, but not limited to, 
    the reimbursement of obligors for expenditures previously made, for 
    the purchase of individual fishing quotas in accordance with 
    section 303(d)(4) of the Magnuson Fishery Conservation and 
    Management Act (16 U.S.C. 1853(d)(4)).''; and
        (4) by striking ``paragraph (6)'' in the last sentence of 
    subsection (a) and inserting ``paragraphs (6) and (7)''; and
        (5) by striking ``equal to'' in the third proviso of subsection 
    (b)(2) and inserting ``not to exceed''.
    (b) Prohibition.--Until October 1, 2001, no new loans may be 
guaranteed by the Federal Government for the construction of new 
fishing vessels if the construction will result in an increased 
harvesting capacity within the United States exclusive economic zone.

SEC. 303. FISHERIES FINANCING AND CAPACITY REDUCTION.

    (a) Capacity Reduction and Financing Authority.--Title XI of the 
Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), is amended by 
adding at the end the following new sections:
    ``Sec. 1111. (a) The Secretary is authorized to guarantee the 
repayment of debt obligations issued by entities under this section. 
Debt obligations to be guaranteed may be issued by any entity that has 
been approved by the Secretary and has agreed with the Secretary to 
such conditions as the Secretary deems necessary for this section to 
achieve the objective of the program and to protect the interest of the 
United States.
    ``(b) Any debt obligation guaranteed under this section shall--
        ``(1) be treated in the same manner and to the same extent as 
    other obligations guaranteed under this title, except with respect 
    to provisions of this title that by their nature cannot be applied 
    to obligations guaranteed under this section;
        ``(2) have the fishing fees established under the program paid 
    into a separate subaccount of the fishing capacity reduction fund 
    established under this section;
        ``(3) not exceed $100,000,000 in an unpaid principal amount 
    outstanding at any one time for a program;
        ``(4) have such maturity (not to exceed 20 years), take such 
    form, and contain such conditions as the Secretary determines 
    necessary for the program to which they relate;
        ``(5) have as the exclusive source of repayment (subject to the 
    proviso in subsection (c)(2)) and as the exclusive payment 
    security, the fishing fees established under the program; and
        ``(6) at the discretion of the Secretary be issued in the 
    public market or sold to the Federal Financing Bank.
    ``(c)(1) There is established in the Treasury of the United States 
a separate account which shall be known as the fishing capacity 
reduction fund (referred to in this section as the `fund'). Within the 
fund, at least one subaccount shall be established for each program 
into which shall be paid all fishing fees established under the program 
and other amounts authorized for the program.
    ``(2) Amounts in the fund shall be available, without appropriation 
or fiscal year limitation, to the Secretary to pay the cost of the 
program, including payments to financial institutions to pay debt 
obligations incurred by entities under this section: Provided, That 
funds available for this purpose from other amounts available for the 
program may also be used to pay such debt obligations.
    ``(3) Sums in the fund that are not currently needed for the 
purpose of this section shall be kept on deposit or invested in 
obligations of the United States.
    ``(d) The Secretary is authorized and directed to issue such 
regulations as the Secretary deems necessary to carry out this section.
    ``(e) For the purposes of this section, the term `program' means a 
fishing capacity reduction program established under section 312 of the 
Magnuson Fishery Conservation and Management Act.
    ``Sec. 1112. (a) Notwithstanding any other provision of this title, 
all obligations involving any fishing vessel, fishery facility, 
aquaculture facility, individual fishing quota, or fishing capacity 
reduction program issued under this title after the date of enactment 
of the Sustainable Fisheries Act shall be direct loan obligations, for 
which the Secretary shall be the obligee, rather than obligations 
issued to obligees other than the Secretary and guaranteed by the 
Secretary. All direct loan obligations under this section shall be 
treated in the same manner and to the same extent as obligations 
guaranteed under this title except with respect to provisions of this 
title which by their nature can only be applied to obligations 
guaranteed under this title.
    ``(b) Notwithstanding any other provisions of this title, the 
annual rate of interest which obligors shall pay on direct loan 
obligations under this section shall be fixed at two percent of the 
principal amount of such obligations outstanding plus such additional 
percent as the Secretary shall be obligated to pay as the interest cost 
of borrowing from the United States Treasury the funds with which to 
make such direct loans.''.

           TITLE IV--MARINE FISHERY STATUTE REAUTHORIZATIONS

    SEC. 401. MARINE FISH PROGRAM AUTHORIZATION OF APPROPRIATIONS.
    (a) Fisheries Information Collection and Analysis.--There are 
authorized to be appropriated to the Secretary of Commerce, to enable 
the National Oceanic and Atmospheric Administration to carry out 
fisheries information and analysis activities under the Fish and 
Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and any other law 
involving those activities, $51,800,000 for fiscal year 1997, and 
$52,345,000 for each of the fiscal years 1998, 1999, and 2000. Such 
activities may include, but are not limited to, the collection, 
analysis, and dissemination of scientific information necessary for the 
management of living marine resources and associated marine habitat.
    (b) Fisheries Conservation and Management Operations.-- There are 
authorized to be appropriated to the Secretary of Commerce, to enable 
the National Oceanic and Atmospheric Administration to carry out 
activities relating to fisheries conservation and management operations 
under the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and 
any other law involving those activities, $29,028,000 for fiscal year 
1997, and $29,899,000 for each of the fiscal years 1998, 1999, and 
2000. Such activities may include, but are not limited to, development, 
implementation, and enforcement of conservation and management measures 
to achieve continued optimum use of living marine resources, hatchery 
operations, habitat conservation, and protected species management.
    (c) Fisheries State and Industry Cooperative Programs.--There are 
authorized to be appropriated to the Secretary of Commerce, to enable 
the National Oceanic and Atmospheric Administration to carry out State 
and industry cooperative programs under the Fish and Wildlife Act of 
1956 (16 U.S.C. 742a et seq.) and any other law involving those 
activities, $27,932,000 for fiscal year 1997, and $28,226,000 for each 
of the fiscal years 1998, 1999, and 2000. These activities include, but 
are not limited to, ensuring the quality and safety of seafood products 
and providing grants to States for improving the management of 
interstate fisheries.
    (d) Authorization of Appropriations for Chesapeake Bay Office.--
Section 2(e) of the National Oceanic and Atmospheric Administration 
Marine Fisheries Program Authorization Act (Public Law 98-210; 97 Stat. 
1409) is amended--
        (1) by striking ``1992 and 1993'' and inserting ``1997 and 
    1998'';
        (2) by striking ``establish'' and inserting ``operate'';
        (3) by striking ``306'' and inserting ``307''; and
        (4) by striking ``1991'' and inserting ``1992''.
    (e) Relation to Other Laws.--Authorizations under this section 
shall be in addition to monies authorized under the Magnuson Fishery 
Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.), the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), the 
Endangered Species Act of 1973 (16 U.S.C. 3301 et seq.), the Anadromous 
Fish Conservation Act (16 U.S.C. 757 et seq.), and the 
Interjurisdictional Fisheries Act (16 U.S.C. 4107 et seq.).
    (f) New England Health Plan.--The Secretary of Commerce is 
authorized to provide up to $2,000,000 from previously appropriated 
funds to Caritas Christi for the implementation of a health care plan 
for fishermen in New England if Caritas Christi submits such plan to 
the Secretary no later than January 1, 1997, and the Secretary, in 
consultation with the Secretary of Health and Human Services, approves 
such plan.

SEC. 402. INTERJURISDICTIONAL FISHERIES ACT AMENDMENTS.

    (a) Reauthorization.--Section 308 of the Interjurisdictional 
Fisheries Act of 1986 (16 U.S.C. 4107) is amended--
        (1) by amending subsection (a) to read as follows:
    ``(a) General Appropriations.--There are authorized to be 
appropriated to the Department of Commerce for apportionment to carry 
out the purposes of this title--
        ``(1) $3,400,000 for fiscal year 1996;
        ``(2) $3,900,000 for fiscal year 1997;
        ``(3) $4,400,000 for each of the fiscal years 1998, 1999, and 
    2000.'';
        (2) by striking ``$350,000 for each of the fiscal years 1989, 
    1990, 1991, 1992, and 1993, and $600,000 for each of the fiscal 
    years 1994 and 1995,'' in subsection (c) and inserting ``$700,000 
    for fiscal year 1997, and $750,000 for each of the fiscal years 
    1998, 1999, and 2000,''.
    (b) New England Report.--Section 308(d) of the Interjurisdictional 
Fisheries Act of 1986 (16 U.S.C. 4107(d)) is amended by adding at the 
end the following new paragraph:
        ``(7) With respect to funds available for the New England 
    region, the Secretary shall submit to the Congress by January 1, 
    1997, with annual updates thereafter as appropriate, a report on 
    the New England fishing capacity reduction initiative which 
    provides--
            ``(A) the total number of Northeast multispecies permits in 
        each permit category and calculates the maximum potential 
        fishing capacity of vessels holding such permits based on the 
        principal gear, gross registered tonnage, engine horsepower, 
        length, age, and other relevant characteristics;
            ``(B) the total number of days at sea available to the 
        permitted Northeast multispecies fishing fleet and the total 
        days at sea weighted by the maximum potential fishing capacity 
        of the fleet;
            ``(C) an analysis of the extent to which the weighted days 
        at sea are used by the active participants in the fishery and 
        of the reduction in such days as a result of the fishing 
        capacity reduction program; and
            ``(D) an estimate of conservation benefits (such as 
        reduction in fishing mortality) directly attributable to the 
        fishing capacity reduction program.''.

SEC. 403. ANADROMOUS FISHERIES AMENDMENTS.

    Section 4 of the Anadromous Fish Conservation Act (16 U.S.C. 757d) 
is amended to read as follows:
    ``Sec. 4. (a)(1) There are authorized to be appropriated to carry 
out the purposes of this Act not to exceed the following sums:
        ``(A) $4,000,000 for fiscal year 1997; and
        ``(B) $4,250,000 for each of fiscal years 1998, 1999, and 2000.
    ``(2) Sums appropriated under this subsection are authorized to 
remain available until expended.
    ``(b) Not more than $625,000 of the funds appropriated under this 
section in any one fiscal year shall be obligated in any one State.''.

SEC. 404. ATLANTIC COASTAL FISHERIES AMENDMENTS.

    (a) Definition.--Paragraph (1) of section 803 of the Atlantic 
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5102) is 
amended--
        (1) by inserting ``and'' after the semicolon in subparagraph 
    (A);
        (2) by striking ``States; and'' in subparagraph (B) and 
    inserting ``States.''; and
        (3) by striking subparagraph (C).
    (b) Implementation Standard for Federal Regulation.--Subparagraph 
(A) of section 804(b)(1) of such Act (16 U.S.C. 5103(b)(1)) is amended 
by striking ``necessary to support'' and inserting ``compatible with''.
    (c) American Lobster Management.--Section 809 (16 U.S.C. 5108) and 
section 810 of such Act are redesignated as sections 811 and 812, 
respectively, and the following new sections are inserted at the end of 
section 808:

``SEC. 809. STATE PERMITS VALID IN CERTAIN WATERS.

    ``(a) Permits.--Notwithstanding any provision of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the 
Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 
et seq.), or any requirement of a fishery management plan or coastal 
fishery management plan to the contrary, a person holding a valid 
license issued by the State of Maine which lawfully permits that person 
to engage in commercial fishing for American lobster may, with the 
approval of the State of Maine, engage in commercial fishing for 
American lobster in the following areas designated as Federal waters, 
if such fishing is conducted in such waters in accordance with all 
other applicable Federal and State regulations:
        ``(1) west of Monhegan Island in the area located north of the 
    line 43+ 42, 08" N, 69+ 34, 18" W and 43+ 42, 15" N, 69+ 19, 18" W;
        ``(2) east of Monhegan Island in the area located west of the 
    line 43+ 44, 00" N, 69+ 15, 05" W and 43+ 48, 10" N, 69+ 08, 01" W;
        ``(3) south of Vinalhaven in the area located west of the line 
    43+ 52, 21" N, 68+ 39, 54" W and 43+ 48, 10" N, 69+ 08, 01" W; and
        ``(4) south of Bois Bubert Island in the area located north of 
    the line 44+ 19, 15" N, 67+ 49, 30" W and 44+ 23, 45" N, 67+ 40, 
    33" W.
    ``(b) Enforcement.--The exemption from Federal fishery permitting 
requirements granted by subsection (a) may be revoked or suspended by 
the Secretary in accordance with section 308(g) of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1858(g)) for violations of 
such Act or this Act.

``SEC. 810. TRANSITION TO MANAGEMENT OF AMERICAN LOBSTER FISHERY BY 
              COMMISSION.

    ``(a) Temporary Limits.--Notwithstanding any other provision of 
this Act or of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.), if no regulations have been issued under section 
804(b) of this Act by December 31, 1997, to implement a coastal fishery 
management plan for American lobster, then the Secretary shall issue 
interim regulations before March 1, 1998, that will prohibit any vessel 
that takes lobsters in the exclusive economic zone by a method other 
than pots or traps from landing lobsters (or any parts thereof) at any 
location within the United States in excess of--
        ``(1) 100 lobsters (or parts thereof) for each fishing trip of 
    24 hours or less duration (up to a maximum of 500 lobsters, or 
    parts thereof, during any 5-day period); or
        ``(2) 500 lobsters (or parts thereof) for a fishing trip of 5 
    days or longer.
    ``(b) Secretary to Monitor Landings.--Before January 1, 1998, the 
Secretary shall monitor, on a timely basis, landings of American 
lobster, and, if the Secretary determines that catches from vessels 
that take lobsters in the exclusive economic zone by a method other 
than pots or traps have increased significantly, then the Secretary 
may, consistent with the national standards in section 301 of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801), and 
after opportunity for public comment and consultation with the Atlantic 
States Marine Fisheries Commission, implement regulations under section 
804(b) of this Act that are necessary for the conservation of American 
lobster.
    ``(c) Regulations to Remain in Effect Until Plan Implemented.--
Regulations issued under subsection (a) or (b) shall remain in effect 
until the Secretary implements regulations under section 804(b) of this 
Act to implement a coastal fishery management plan for American 
lobster.''.
    (d) Authorization of Appropriations.--Section 810 of such Act, as 
amended by this Act, is amended further by striking ``1996.'' and 
inserting ``1996, and $7,000,000 for each of the fiscal years 1997, 
1998, 1999, and 2000.''.
    SEC. 405. TECHNICAL AMENDMENTS TO MARITIME BOUNDARY AGREEMENT.
    (a) Execution of Prior Amendments to Definitions.--Notwithstanding 
section 308 of the Act entitled ``An Act to provide for the designation 
of the Flower Garden Banks National Marine Sanctuary'', approved March 
9, 1992 (Public Law 102-251; 106 Stat. 66) hereinafter referred to as 
the ``FGB Act'', section 301(b) of that Act (adding a definition of the 
term ``special areas'') shall take effect on the date of enactment of 
this Act.
    (b) Conforming Amendments.--
        (1) Section 301(h)(2)(A) of the FGB Act is repealed.
        (2) Section 304 of the FGB Act is repealed.
        (3) Section 3(15) of the Marine Mammal Protection Act of 1972 
    (16 U.S.C. 1362(15)) is amended to read as follows:
        ``(15) The term `waters under the jurisdiction of the United 
    States' means--
            ``(A) the territorial sea of the United States;
            ``(B) the waters included within a zone, contiguous to the 
        territorial sea of the United States, of which the inner 
        boundary is a line coterminous with the seaward boundary of 
        each coastal State, and the other boundary is a line drawn in 
        such a manner that each point on it is 200 nautical miles from 
        the baseline from which the territorial sea is measured; and
            ``(C) the areas referred to as eastern special areas in 
        Article 3(1) of the Agreement between the United States of 
        America and the Union of Soviet Socialist Republics on the 
        Maritime Boundary, signed June 1, 1990; in particular, those 
        areas east of the maritime boundary, as defined in that 
        Agreement, that lie within 200 nautical miles of the baselines 
        from which the breadth of the territorial sea of Russia is 
        measured but beyond 200 nautical miles of the baselines from 
        which the breadth of the territorial sea of the United States 
        is measured, except that this subparagraph shall not apply 
        before the date on which the Agreement between the United 
        States and the Union of Soviet Socialist Republics on the 
        Maritime Boundary, signed June 1, 1990, enters into force for 
        the United States.''.

SEC. 406. AMENDMENTS TO THE FISHERIES ACT.

    Section 309(b) of the Fisheries Act of 1995 (Public Law 104-43) is 
amended by striking ``July 1, 1996'' and inserting ``July 1, 1997''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.