[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 39 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                 S. 39

_______________________________________________________________________

                                 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 
        agreemeent 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''; and
            (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, of 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 U.S. 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 the 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 
        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 towards 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 five 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 weight 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 deg. 42' 08" N, 69 deg. 34' 18" W and 43 deg. 42' 
        15" N, 69 deg. 19' 18" W;
            ``(2) east of Monhegan Island in the area located west of 
        the line 43 deg. 44' 00" N, 69 deg. 15' 05" W and 43 deg. 48' 
        10" N, 69 deg. 08' 01" W;
            ``(3) south of Vinalhaven in the area located west of the 
        line 43 deg. 52' 21" N, 68 deg. 39' 54" W and 43 deg. 48' 10" 
        N, 69 deg. 08' 01" W; and
            ``(4) south of Bois Bubert Island in the area located north 
        of the line 44 deg. 19' 15" N, 67 deg. 49' 30" W and 44 deg. 
        23' 45" N, 67 deg. 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''.

            Passed the Senate September 19, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                                 S. 39

_______________________________________________________________________

                                 AN ACT

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

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