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





                                                       Calendar No. 422

104th CONGRESS

  2d Session

                                 S. 39

                          [Report No. 104-276]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 23, 1996

                       Reported with an amendment





                                                       Calendar No. 422
104th CONGRESS
  2d Session
                                 S. 39

                          [Report No. 104-276]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

 Mr. Stevens (for himself, Mr. Kerry, Mr. Murkowski, Mr. Hollings, Mr. 
    Pressler, Mr. Lott, Mr. Inouye, and Mr. Simpson) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                              May 23, 1996

              Reported by Mr. Pressler, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``Sustainable Fisheries Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
             <DELETED>TITLE I--CONSERVATION AND MANAGEMENT

<DELETED>Sec. 101. Amendment of the Magnuson Fishery Conservation and 
                            Management Act.
<DELETED>Sec. 102. Findings; purposes; policy.
<DELETED>Sec. 103. Definitions.
<DELETED>Sec. 104. Authorization of appropriations.
<DELETED>Sec. 105. Highly migratory species.
<DELETED>Sec. 106. Foreign fishing.
<DELETED>Sec. 107. Permits for foreign fishing.
<DELETED>Sec. 108. Large-scale driftnet fishing.
<DELETED>Sec. 109. National standards.
<DELETED>Sec. 110. Regional fishery management councils.
<DELETED>Sec. 111. Fishery management plans.
<DELETED>Sec. 112. Plan review and implementation.
<DELETED>Sec. 113. Ecosystem management.
<DELETED>Sec. 114. State jurisdiction.
<DELETED>Sec. 115. Prohibited acts.
<DELETED>Sec. 116. Civil penalties and permit sanctions.
<DELETED>Sec. 117. Enforcement.
<DELETED>Sec. 118. North Pacific fisheries conservation.
<DELETED>Sec. 119. Transition to sustainable fisheries.
           <DELETED>TITLE II--FISHERY MONITORING AND RESEARCH

<DELETED>Sec. 201. Change of title.
<DELETED>Sec. 202. Registration and data management.
<DELETED>Sec. 203. Data collection.
<DELETED>Sec. 204. Observers.
<DELETED>Sec. 205. Fisheries research.
<DELETED>Sec. 206. Incidental harvest research.
<DELETED>Sec. 207. Repeal.
<DELETED>Sec. 208. Clerical amendments.
         <DELETED>TITLE III--FISHERIES STOCK RECOVERY FINANCING

<DELETED>Sec. 301. Short title.
<DELETED>Sec. 302. Fisheries stock recovery refinancing.
<DELETED>Sec. 303. Federal financing bank relating to fishing vessels 
                            and fishery facilities.
<DELETED>Sec. 304. Fees for guaranteeing obligations.
<DELETED>Sec. 305. Sale of acquired collateral.

        <DELETED>TITLE I--CONSERVATION AND MANAGEMENT</DELETED>

<DELETED>SEC. 101. AMENDMENT OF MAGNUSON FISHERY CONSERVATION AND 
              MANAGEMENT ACT.</DELETED>

<DELETED>    Except as otherwise expressly provided, whenever in this 
title 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.).</DELETED>

<DELETED>SEC. 102. FINDINGS; PURPOSES; POLICY.</DELETED>

<DELETED>    Section 2 (16 U.S.C. 1801) is amended--</DELETED>
<DELETED>    (1) by striking subsection (a)(2) and inserting the 
following:</DELETED>
        <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) by inserting ``to facilitate long-term 
        protection of essential fish habitats,'' in subsection (a)(6) 
        after ``conservation,'';</DELETED>
        <DELETED>    (3) by adding at the end of subsection (a) the 
        following:</DELETED>
        <DELETED>    ``(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 on a national level. Habitat considerations should 
        receive increased attention for the conservation and management 
        of fishery resources of the United States.'';</DELETED>
        <DELETED>    (4) by inserting ``in a non-wasteful manner'' in 
        subsection (b)(6) after ``such development''; and</DELETED>
        <DELETED>    (5) by adding at the end of subsection (b) the 
        following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 103. DEFINITIONS.</DELETED>

<DELETED>    Section 3 (16 U.S.C. 1802) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (2) through (32) 
        as paragraphs (3) through (33) respectively, and inserting 
        after paragraph (1) the following:</DELETED>
        <DELETED>    ``(2) The term `bycatch' means fish which are 
        harvested by a fishing vessel, but which are not sold or kept 
        for personal use, including, but not limited to, economic and 
        regulatory discards.'';</DELETED>
        <DELETED>    (2) by redesignating paragraphs (7) through (33) 
        (as redesignated) as paragraphs (9) through (35), respectively, 
        and inserting after paragraph (6) (as redesignated) the 
        following:</DELETED>
        <DELETED>    ``(7) The term `economic discards' means fish 
        which are the target of a fishery, but which are not retained 
        by the fishing vessel which harvested them because they are of 
        an undesirable size, sex or quality, or for other economic 
        reasons.</DELETED>
        <DELETED>    ``(8) The term `essential fish habitat' means any 
        area essential to the life cycle of a stock of fish, or to the 
        production of maximum sustainable yield of one or more 
        fisheries managed under this Act.'';</DELETED>
        <DELETED>    (3) by redesignating paragraphs (12) through (35) 
        (as redesignated) as paragraphs (13) through (36), 
        respectively, and inserting after paragraph (11) (as 
        redesignated) the following:</DELETED>
        <DELETED>    ``(12) The term `fishery dependent community' 
        means a community which is substantially dependent on the 
        harvest of fishery resources to meet social and economic 
        needs.'';</DELETED>
        <DELETED>    (4) by redesignating paragraphs (19) through (36) 
        (as redesignated) as paragraphs (20) through (37), 
        respectively, and inserting after paragraph (18) (as 
        redesignated) the following:</DELETED>
        <DELETED>    ``(19) The term `individual transferable quota' 
        means a revocable Federal authorization to harvest or process a 
        quantity of fish under a unit or quota share that represents a 
        percentage of the total allowable catch of a stock of fish, 
        that may be received or held by a specific person or persons 
        for their exclusive use, and that may be transferred in whole 
        or in part by the holder to another person or persons for their 
        exclusive use.'';</DELETED>
        <DELETED>    (5) by redesignating paragraphs (22) through (37) 
        (as redesignated) as paragraphs (23) through (38), 
        respectively, and inserting after paragraph (21) (as 
        redesignated) the following:</DELETED>
        <DELETED>    ``(22) The term `limited access system' means any 
        system for controlling fishing effort which includes such 
        measures as license limitations, individual transferable 
        quotas, and non-transferable quotas.'';</DELETED>
        <DELETED>    (6) by striking ``Pacific Marine Fisheries 
        Commission'' in paragraph (23), as redesignated, and inserting 
        ``Pacific States Marine Fisheries Commission'';</DELETED>
        <DELETED>    (7) by striking paragraph (27), as redesignated, 
        and inserting the following:</DELETED>
        <DELETED>    ``(27) The term `optimum', with respect to the 
        yield from a fishery, means the amount of fish which--
        </DELETED>
                <DELETED>    ``(A) will provide the greatest overall 
                benefit to the Nation, with particular reference to 
                food production and recreational opportunities, and 
                taking into account the protection of marine 
                ecosystems;</DELETED>
                <DELETED>    ``(B) is prescribed on the basis of the 
                maximum sustainable yield from a fishery, as modified 
                by any relevant social, economic, or ecological factor; 
                and</DELETED>
                <DELETED>    ``(C) provides for the rebuilding of an 
                overfished fishery to a level consistent with producing 
                the maximum sustainable yield.'';</DELETED>
        <DELETED>    (8) by redesignating paragraphs (28) through (38) 
        (as redesignated) as paragraphs (29) through (39), 
        respectively, and inserting after paragraph (27) (as 
        redesignated) the following:</DELETED>
        <DELETED>    ``(28) The terms `overfishing' and `overfished' 
        mean a level or rate of fishing mortality that jeopardizes the 
        capacity of a fishery to produce the maximum sustainable yield 
        on a continuing basis.'';</DELETED>
        <DELETED>    (9) by redesignating paragraphs (30) through (39) 
        (as redesignated) as paragraphs (31) through (40), 
        respectively, and inserting after paragraph (29) (as 
        redesignated) the following:</DELETED>
        <DELETED>    ``(30) The term `regulatory discards' means fish 
        caught in a fishery which fishermen are required by regulation 
        to discard whenever caught, or are required by regulation to 
        retain but not sell.'';</DELETED>
        <DELETED>    (10) by striking ``for which a fishery management 
        plan prepared under title III or a preliminary fishery 
        management plan prepared under section 201(h) has been 
        implemented'' in paragraph (38), as redesignated, and inserting 
        ``regulated under this Act''; and</DELETED>
        <DELETED>    (11) by redesignating paragraph (40), as 
        redesignated, as (41), and inserting after paragraph (39) the 
        following:</DELETED>
        <DELETED>    ``(40) The term `vessel subject to the 
        jurisdiction of the United States' has the same meaning as in 
        section 3(c) of the Maritime Drug Law Enforcement Act (46 
        U.S.C. App. 1903(c)).''.</DELETED>

<DELETED>SEC. 104. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    The Act is amended by inserting after section 3 the 
following:</DELETED>

<DELETED>``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``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 (of which 15 percent in each fiscal year 
shall be used for enforcement activities):</DELETED>
        <DELETED>    ``(1) $102,000,000 for fiscal year 1993;</DELETED>
        <DELETED>    ``(2) $106,000,000 for fiscal year 1994;</DELETED>
        <DELETED>    ``(3) $143,000,000 for fiscal year 1995;</DELETED>
        <DELETED>    ``(4) $147,000,000 for fiscal year 1996;</DELETED>
        <DELETED>    ``(5) $151,000,000 for fiscal year 1997;</DELETED>
        <DELETED>    ``(6) $155,000,000 for fiscal year 1998; 
        and</DELETED>
        <DELETED>    ``(7) $159,000,000 for fiscal year 
        1999.''.</DELETED>

<DELETED>SEC. 105. HIGHLY MIGRATORY SPECIES.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 106. FOREIGN FISHING.</DELETED>

<DELETED>    Section 201 (16 U.S.C. 1821) is amended--</DELETED>
        <DELETED>    (1) by inserting a comma and ``or is approved 
        under section 204(b)(6)(A)(ii)'' before the semicolon in 
        subsection (a)(1);</DELETED>
        <DELETED>    (2) by striking ``(g)'' in subsection (a)(2) and 
        inserting ``(f)'';</DELETED>
        <DELETED>    (3) by striking ``(i)'' in subsection (c)(2)(D) 
        and inserting ``(h)'';</DELETED>
        <DELETED>    (4) by striking ``, including any regulations 
        promulgated to implement any applicable fishery management plan 
        or any preliminary fishery management plan'' in subsection (c); 
        and</DELETED>
        <DELETED>    (5) by striking subsection (f) and redesignating 
        subsections (g), (h), (i), and (j) as (f), (g), (h), and (i), 
        respectively.</DELETED>

<DELETED>SEC. 107. PERMITS FOR FOREIGN FISHING.</DELETED>

<DELETED>    (a) So much of section 204(b) (16 U.S.C. 1824(b)) as 
precedes paragraph (2) is amended to read as follows:</DELETED>
<DELETED>    ``(b) Applications and Permits.--</DELETED>
        <DELETED>    ``(1) Eligibility.--</DELETED>
                <DELETED>    ``(A) Each foreign nation with which the 
                United States has entered into a governing 
                international fishery agreement shall submit an 
                application to the Secretary of State each year for a 
                permit for each of its fishing vessels that wishes to 
                engage in fishing described in subsection 
                (a).</DELETED>
                <DELETED>    ``(B) An owner of a vessel, other than a 
                vessel of the United States, who wishes to engage in 
                the transshipment at sea of fish products in the 
                exclusive economic zone or within the boundary of any 
                State, may submit an application to the Secretary each 
                year for a permit for a vessel belonging to that owner, 
                whether or not such vessel is subject to an 
                international fishery agreement described in section 
                201(b) or (c).</DELETED>
                <DELETED>    ``(C) No permit issued under this section 
                may be valid for longer than a year. Section 558(c) of 
                title 5, United States Code, does not apply to the 
                renewal of any such permit.''.</DELETED>
<DELETED>    (b) Section 204(b)(4) (16 U.S.C. 1824(b)(4)) is amended--
</DELETED>
        <DELETED>    (1) by inserting ``(A)'' after the 
        caption;</DELETED>
        <DELETED>    (2) by inserting ``submitted under paragraph 
        (1)(A)'' after ``any application'';</DELETED>
        <DELETED>    (3) by redesignating subparagraphs (A), (B), and 
        (C) as clauses (i), (ii), and (iii), respectively; 
        and</DELETED>
        <DELETED>    (4) by inserting at the end thereof the 
        following:</DELETED>
                <DELETED>    ``(B) Upon receipt of any application 
                submitted under paragraph (1)(B) which complies with 
                the requirements of paragraph (3), the Secretary shall 
                promptly transmit copies of the application or summary 
                as indicated under subparagraphs (A)(ii) and (iii), and 
                shall also promptly transmit such application or 
                summary to States bordering the exclusive economic zone 
                where such transshipment is proposed to 
                occur.''.</DELETED>
<DELETED>    (c) Section 204(b)(5) (16 U.S.C. 1824(b)(5)) is amended by 
striking ``under paragraph (4)(C)'' and inserting ``submitted under 
paragraph (1)''.</DELETED>
<DELETED>    (d) Section 204(b)(6) (16 U.S.C. 1824(b)(6)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``transmitted under paragraph 
        (4)(A)'' in subparagraph (A) and inserting ``submitted under 
        paragraph (1)(A)'';</DELETED>
        <DELETED>    (2) by inserting ``(i)'' before ``After'' in 
        subparagraph (A); and</DELETED>
        <DELETED>    (3) by inserting before subparagraph (B) the 
        following:</DELETED>
                        <DELETED>    ``(ii) In the case of any 
                        application submitted under paragraph (1)(B), 
                        the Secretary, after taking into consideration 
                        any comments submitted by the Council under 
                        paragraph (5) or any affected State, may 
                        approve the application upon determining that 
                        the activity described in the application will 
                        be in the interest of the United States and 
                        will meet the applicable requirements of this 
                        Act, and that the owners or operators have 
                        agreed to comply with requirements set forth in 
                        section 201(c)(2) and have established any 
                        bonds or financial assurances that may be 
                        required by the Secretary; or the Secretary may 
                        disapprove all or any portion of the 
                        application.''.</DELETED>
<DELETED>    (e) Section 204(b)(8) (16 U.S.C. 1824(b)(8)) is amended--
</DELETED>
        <DELETED>    (1) by inserting a comma and ``or the agent for 
        the foreign vessel owner for any application submitted under 
        paragraph (1)(B)'' before the semicolon at the end of 
        subparagraph (A); and</DELETED>
        <DELETED>    (2) by inserting ``and any affected State'' before 
        the period at the end of subparagraph (C).</DELETED>
<DELETED>    (f) Section 204(b)(9) (16 U.S.C. 1824(b)(9)) is amended--
</DELETED>
        <DELETED>    (1) by inserting ``paragraph (1)(A) of'' after 
        ``by a foreign nation under'';</DELETED>
        <DELETED>    (2) by inserting ``(A)'' after the heading in 
        paragraph (9); and</DELETED>
        <DELETED>    (3) by adding at the end thereof the 
        following:</DELETED>
                <DELETED>    ``(B) If the Secretary does not approve 
                any application submitted by a foreign vessel owner 
                under paragraph (1)(B) of this subsection, the 
                Secretary shall promptly inform the vessel owner of the 
                disapproval and the reasons therefore. The owner, after 
                taking into consideration the reasons for disapproval, 
                may submit a revised application under this 
                subsection.''.</DELETED>
<DELETED>    (g) Section 204(b)(11) (16 U.S.C. 1824(b)(11)) is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``(A)'' after the paragraph 
        heading,</DELETED>
        <DELETED>    (2) by inserting ``submitting an application under 
        paragraph (1)(A)'' after ``If a foreign nation''; and</DELETED>
        <DELETED>    (3) adding at the end thereof the 
        following:</DELETED>
                <DELETED>    ``(B) If the vessel owner submitting an 
                application under paragraph (1)(B) notifies the 
                Secretary of acceptance of the conditions and 
                restrictions established by the Secretary under 
                paragraph (7), and upon payment of the applicable fees 
                established pursuant to paragraph (10) and confirmation 
                of any bonds or financial assurances that may be 
                required for such transshipment of fish, the Secretary 
                shall thereupon issue a permit for the 
                vessel.''.</DELETED>
<DELETED>    (h) Section 204 (16 U.S.C. 1824) is amended by adding at 
the end thereof the following:</DELETED>
<DELETED>    ``(d) Prohibition on Permit Issuance.--Notwithstanding any 
other provision of this Act, the Secretary is prohibited from issuing, 
before December 1, 1999, any permit to authorize the catching, taking, 
or harvesting of Atlantic mackerel or Atlantic herring by foreign 
fishing vessels within the exclusive economic zone. This subsection 
shall not apply to permits to authorize foreign fish processing vessels 
to process Atlantic mackerel or Atlantic herring harvested by fishing 
vessels of the United States.''.</DELETED>

<DELETED>SEC. 108. LARGE-SCALE DRIFTNET FISHING.</DELETED>

<DELETED>    (a) Section 206(e) (16 U.S.C. 1826(e)) is amended by 
striking paragraphs (3) and (4), and redesignating paragraphs (5) and 
(6) as (3) and (4), respectively.</DELETED>
<DELETED>    (b) Section 206(f) (16 U.S.C. 1826(f)) is amended by 
striking ``(6)'' and inserting ``(4)''.</DELETED>

<DELETED>SEC. 109. NATIONAL STANDARDS.</DELETED>

<DELETED>    (a) Paragraph (1) of section 301(a) (16 U.S.C. 1851(a)) is 
amended to read as follows:</DELETED>
        <DELETED>    ``(1) Conservation and management measures shall 
        prevent overfishing and rebuild overfished fishery resources 
        while achieving, on a continuing basis, the optimum yield from 
        each fishery.''.</DELETED>
<DELETED>    (b) Section 301(a)(5) (16 U.S.C. 1851(a)(5)) is amended by 
striking ``promote'' and inserting ``consider''.</DELETED>
<DELETED>    (c) Section 301(a) (16 U.S.C. 1851(a)) is amended by 
adding at the end thereof the following:</DELETED>
        <DELETED>    ``(8) Conservation and management measures shall 
        take into account the importance of the harvest of fishery 
        resources to fishery dependent communities.''.</DELETED>

<DELETED>SEC. 110. REGIONAL FISHERY MANAGEMENT COUNCILS.</DELETED>

<DELETED>    (a) Section 302(a) (16 U.S.C. 1852(a)) is amended--
</DELETED>
        <DELETED>    (1) by inserting ``(1)'' after the subsection 
        heading;</DELETED>
        <DELETED>    (2) by redesignating paragraphs (1) through (7) as 
        subparagraphs (A) through (H);</DELETED>
        <DELETED>    (3) by striking ``section 304(f)(3)'' wherever it 
        appears and inserting in lieu thereof ``paragraph 
        (3)'';</DELETED>
        <DELETED>    (4) by striking paragraph (1)(F), as redesignated, 
        and inserting the following:</DELETED>
                <DELETED>    ``(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 
                13 voting members, including 7 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).'';</DELETED>
        <DELETED>    (5) by indenting the sentence at the end thereof 
        and inserting ``(2)'' in front of ``Each Council'', and by 
        inserting ``The Secretary shall establish the boundaries 
        between the geographical areas of authority of adjacent 
        Councils.'' after ``authority.''; and</DELETED>
        <DELETED>    (6) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Section 302(b) (16 U.S.C. 1852(b)) is amended--
</DELETED>
        <DELETED>    (1) by striking subparagraph (C) of subsection 
        (b)(1) and inserting the following:</DELETED>
                <DELETED>    ``(C) The members required to be appointed 
                by the Secretary in accordance with subsections (b)(2) 
                and (5).'';</DELETED>
        <DELETED>    (2) by redesignating paragraph (5) as paragraph 
        (6), and inserting after paragraph (4) the following:</DELETED>
        <DELETED>    ``(5)(A) The Secretary shall appoint to the 
        Pacific Fishery Management 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 representative shall serve for a term of 3 years and may 
        not serve more than 3 consecutive terms. The Secretary, in 
        consultation with the Secretary of the Interior and tribal 
        governments, shall establish by regulation the procedure for 
        submitting lists under this subparagraph.</DELETED>
        <DELETED>    ``(B) Representation shall be rotated among the 
        tribes taking into consideration--</DELETED>
                <DELETED>     ``(i) the qualifications of the 
                individuals on the list referred to in subparagraph 
                (A),</DELETED>
                <DELETED>     ``(ii) the various treaty rights of the 
                Indian tribes involved and judicial cases that set 
                forth how those rights are to be exercised, 
                and</DELETED>
                <DELETED>     ``(iii) the geographic area in which the 
                tribe of the representative is located.</DELETED>
        <DELETED>    ``(C) A vacancy occurring prior to the expiration 
        of any term shall be filled in the same manner set out in 
        subparagraphs (A) and (B), except that the Secretary may use 
        the list from which the vacating representative was chosen.''; 
        and,</DELETED>
        <DELETED>    (3) by striking ``subsection (b)(2)'' in paragraph 
        (6), as redesignated, and inserting ``subsections (b)(2) and 
        (5)''.</DELETED>
<DELETED>    (c) Section 302(e) (16 U.S.C. 1852(e)) is amended by 
adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Section 302(g) (16 U.S.C. 1852(g)) is amended by 
redesignating paragraph (4) as (5), and by inserting after paragraph 
(3) the following:</DELETED>
        <DELETED>    ``(4) The Secretary shall establish advisory 
        panels to assist in--</DELETED>
                <DELETED>    ``(A) the collection and evaluation of 
                information relevant to the development of or amendment 
                to any fishery management plan under section 303(e)(2); 
                and</DELETED>
                <DELETED>    ``(B) carrying out the purposes of section 
                303(f).''.</DELETED>
<DELETED>    (e) Section 302(h) (16 U.S.C. 1852(h)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``section 304(f)(3)'' in 
        paragraphs (1) and (5) and inserting ``subsection (a)(3)''; 
        and</DELETED>
        <DELETED>    (2) by striking ``204(b)(4)(C)'' in paragraph (2) 
        and inserting ``204(b)(4)(A)(iii)''.</DELETED>
<DELETED>    (f) Section 302(i) (16 U.S.C. 1852(i)) is amended to read 
as follows:</DELETED>
<DELETED>    ``(i) Negotiated Conservation and Management Measures.--
</DELETED>
        <DELETED>    ``(1) A Council may, in consultation with the 
        Secretary, establish a negotiation panel to assist in the 
        development of specific conservation and management measures 
        for a fishery under authority of such Council. In making the 
        decision to establish such panel, the Council shall consider 
        whether--</DELETED>
                <DELETED>    ``(A) there are a finite number of 
                identifiable interests that will be significantly 
                affected by the development of such measures;</DELETED>
                <DELETED>    ``(B) there is a reasonable likelihood 
                that a negotiation panel can be convened with a 
                balanced representation of persons who--</DELETED>
                        <DELETED>    ``(i) can adequately represent the 
                        interests identified under subparagraph (A); 
                        and</DELETED>
                        <DELETED>    ``(ii) are willing to act in good 
                        faith to reach a consensus on the development 
                        of such measures;</DELETED>
                <DELETED>    ``(C) there is reasonable likelihood that 
                a negotiation panel will contribute to the development 
                of such measures within a fixed period of time; 
                and</DELETED>
                <DELETED>    ``(D) the process under this subsection 
                will not unreasonably delay the development of any 
                conservation and management measure or its submission 
                to the Secretary.</DELETED>
        <DELETED>    ``(2) If the Council decides to establish a 
        negotiation panel it shall notify all identifiable interests of 
        its intention to convene such panel at least 30 calendar days 
        prior to the appointment of members. Such notification shall be 
        published in accordance with subsection (j)(2)(C) of this 
        section and shall include--</DELETED>
                <DELETED>    ``(A) a description of the subject and 
                scope of the measures to be developed and the issues to 
                be considered;</DELETED>
                <DELETED>    ``(B) a list of interests likely to be 
                significantly affected by the measures to be 
                developed;</DELETED>
                <DELETED>    ``(C) a list of the persons proposed to 
                represent such interests, the person or persons 
                proposed to represent the Council, and the person or 
                persons proposed to be nominated as 
                facilitator;</DELETED>
                <DELETED>    ``(D) an explanation of how a person may 
                apply or nominate another person for membership on the 
                negotiation panel; and</DELETED>
                <DELETED>    ``(E) a proposed agenda and schedule for 
                completing the work of the negotiation panel.</DELETED>
        <DELETED>    ``(3) No more than 45 calendar days after 
        providing this notification the Council shall make appointments 
        to the negotiation panel in such a manner as to achieve 
        balanced representation of all significant interests to the 
        conservation and management measures. Such interests shall 
        include, where appropriate, representatives from the fishing 
        industry, consumer groups, the scientific community, tribal 
        organizations, conservation organizations and other public 
        interest organizations, and Federal and State fishery 
        managers.</DELETED>
        <DELETED>    ``(4) Each negotiation panel established under 
        this section shall attempt to reach a consensus concerning 
        specific conservation and management measures and any other 
        issue such panel determines is relevant to such measures. The 
        Council, to the maximum extent possible consistent with its 
        legal obligations and the best scientific information 
        available, will use the consensus of the negotiation panel, 
        with respect to such measures, as the basis for the development 
        of the conservation and management measures to be adopted by 
        the Council for submission by the Council to the Secretary in 
        accordance with this Act.</DELETED>
        <DELETED>    ``(5) The person or persons representing the 
        Council on a negotiation panel shall participate in the 
        deliberations and activities of such panel with the same rights 
        and responsibilities as other panel members.</DELETED>
        <DELETED>    ``(6) Any facilitator nominated by the Council to 
        a negotiation panel must be approved by the panel by consensus. 
        If the panel does not approve a facilitator nominated by the 
        Council the panel shall select by consensus another person to 
        serve as facilitator. No person appointed by the Council to the 
        negotiation panel to represent any interest on the Council may 
        serve as facilitator or otherwise chair such panel.</DELETED>
        <DELETED>    ``(7) A facilitator approved or selected by a 
        negotiation panel shall--</DELETED>
                <DELETED>    ``(A) chair the meetings of such panel in 
                an impartial manner;</DELETED>
                <DELETED>    ``(B) impartially assist the panel members 
                in conducting discussions and negotiations; 
                and</DELETED>
                <DELETED>    ``(C) manage the keeping of any minutes or 
                records, (except that any personal notes and materials 
                of the facilitator or the panel members shall not be 
                subject to disclosure, except upon order of a 
                court).</DELETED>
        <DELETED>    ``(8) A negotiation panel may adopt any additional 
        procedures for the operation of the negotiation panel not in 
        conflict with those specified in this section.</DELETED>
        <DELETED>    ``(9) At the conclusion of the negotiation 
        process, if the negotiation panel reaches a consensus on 
        proposed conservation and management measures, such panel shall 
        transmit to the Council, and present to the Council at the next 
        scheduled meeting of the Council, a report containing the 
        proposed conservation and management measures. If the 
        negotiation panel does not reach consensus on proposed 
        conservation and management measures, such panel shall transmit 
        to the Council, and present to the Council at the next 
        scheduled meeting of the Council, a report specifying its 
        recommendations and describing the areas in which the 
        negotiation panel reached consensus and the areas in which 
        consensus was not achieved. The negotiation panel may include 
        in a report any other information or materials that such panel 
        considers appropriate. Any panel member may include, as an 
        addendum to the report, additional information or 
        materials.</DELETED>
        <DELETED>    ``(10) A negotiation panel shall terminate upon 
        transmittal and presentation to the Council of the report 
        required under paragraph (9) unless the Council in consultation 
        with the panel specifies an alternative termination 
        date.</DELETED>
        <DELETED>    ``(11) For the purposes of this subsection--
        </DELETED>
                <DELETED>    ``(A) The term `negotiation panel' means 
                an advisory panel established by a Council under 
                section (g)(2) to assist in the development of specific 
                conservation and management measures through the 
                process established under this subsection.</DELETED>
                <DELETED>    ``(B) The term `consensus' means general 
                but not unanimous concurrence among the interests 
                represented unless such panel--</DELETED>
                        <DELETED>    ``(i) agrees by consensus to 
                        define such term to mean a unanimous 
                        concurrence; or</DELETED>
                        <DELETED>    ``(ii) agrees by consensus upon 
                        another specified definition.</DELETED>
                <DELETED>    ``(C) The term `facilitator' means a 
                person experienced or trained in group mediation and 
                negotiation who impartially aids in the discussions and 
                negotiations among the members of a negotiation 
                panel.</DELETED>
                <DELETED>    ``(D) The term `interest' means, with 
                respect to this subsection, multiple persons or parties 
                who have a similar point of view or which are likely to 
                be affected in a similar manner.''.</DELETED>
<DELETED>    (g) Section 302(j) (16 U.S.C. 1852(j)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``of the Councils'' in paragraph 
        (1) and inserting ``established under subsection (g)''; 
        and</DELETED>
        <DELETED>    (2) by striking ``of a Council:'' in paragraph (2) 
        and inserting ``established under subsection (g):''.</DELETED>
        <DELETED>    (3) by adding the following at the end of 
        paragraph (2)(C): ``Interested persons may propose to modify 
        the published agenda of a meeting by submitting to a Council, 
        panel or committee within 14 calendar days of the published 
        date of the meeting a notice containing a written description 
        of the proposed modification signed by not less than two 
        Council members.'';</DELETED>
        <DELETED>    (4) by adding the following at the end of 
        paragraph (2)(D): ``All written data 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 qualifications and 
        interests of the person in the subject of the oral or written 
        statement.'';</DELETED>
        <DELETED>    (5) by amending paragraph (2)(E) to read as 
        follows:</DELETED>
                <DELETED>    ``(E) Detailed minutes of each meeting of 
                the Council shall be kept and shall contain a record of 
                the persons present, a complete and accurate 
                description of matters discussed and conclusions 
                reached, and copies of all statements filed, issued, or 
                approved by the Council. The Chairman shall certify the 
                accuracy of the minutes of each meeting and submit a 
                copy thereof to the Secretary. The minutes shall be 
                made available to any court of competent 
                jurisdiction.''; and</DELETED>
        <DELETED>    (6) by striking ``303(d)'' in paragraph (2)(F) and 
        inserting ``402(b)''.</DELETED>
<DELETED>    (g) Section 302(k) (16 U.S.C. 1852(k)) is amended--
</DELETED>
        <DELETED>    (1) by inserting ``and recusal'' in the subsection 
        heading;</DELETED>
        <DELETED>    (2) by striking paragraph (1) and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) For the purposes of this subsection--
        </DELETED>
                <DELETED>    ``(A) the term `affected individual' means 
                an individual who--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) is a voting member of a 
                        Council appointed under subsection (b)(2); 
                        and</DELETED>
                <DELETED>    ``(B) the term `designated official' means 
                a person with expertise in Federal conflict-of-interest 
                requirements who is designated by the Secretary, with 
                the concurrence of a majority of the voting members of 
                the Council, to attend Council meetings and make 
                determinations under paragraph (7)(B).'';</DELETED>
        <DELETED>    (3) by striking ``(1)(A)'' in paragraph (3)(A) and 
        inserting ``(1)(A)(i)'';</DELETED>
        <DELETED>    (4) by striking ``(1)(B) or (C)'' in paragraph 
        (3)(B) and inserting ``(1)(A)(ii)'';</DELETED>
        <DELETED>    (5) by striking ``(1)(B) or (C)'' in paragraph (4) 
        and inserting ``(1)(A)(ii)'';</DELETED>
        <DELETED>    (6)(A) by striking ``and'' at the end of paragraph 
        (5)(A);</DELETED>
        <DELETED>    (B) by striking the period at the end of paragraph 
        (5)(B) and inserting a semicolon and the word ``and''; 
        and</DELETED>
        <DELETED>    (C) by adding at the end of paragraph (5) the 
        following:</DELETED>
                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (7) by striking ``(1)(B) or (C)'' in paragraph (6) 
        and inserting ``(1)(A)(ii)'';</DELETED>
        <DELETED>    (8) by redesignating paragraph (7) as (8) and 
        inserting after paragraph (6) the following:</DELETED>
        <DELETED>    ``(7)(A) 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 
        disproportionate benefit, shared only by a minority of persons 
        within the same industry sector or gear group, to the financial 
        interest. 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.</DELETED>
        <DELETED>    ``(B) At the request of an affected individual, or 
        at 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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(D) Any affected individual who does not 
        participate in a Council decision in accordance with this 
        subsection shall state for the record how he or she would have 
        voted on such decision if he or she had voted.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(F) No later than December 1, 1995, the 
        Secretary, in consultation with the Councils, shall issue 
        guidelines with respect to voting recusals under subparagraph 
        (A) and the making of determinations under subparagraph (B).''; 
        and</DELETED>
        <DELETED>    (9) by striking ``(1)(B) or (C)'' in paragraph 
        (8), as redesignated, and inserting ``(1)(A)(ii)''.</DELETED>

<DELETED>SEC. 111. FISHERY MANAGEMENT PLANS.</DELETED>

<DELETED>    (a) Section 303(a) (16 U.S.C. 1853(a)) is amended--
</DELETED>
        <DELETED>    (1) by striking paragraph (6) and inserting the 
        following:</DELETED>
        <DELETED>    ``(6) consider and provide for, after consultation 
        with the Coast Guard and persons participating in the fishery 
        and to the extent practicable without adversely affecting 
        conservation efforts in other fisheries or discriminating among 
        participants in the affected fishery--</DELETED>
                <DELETED>    ``(A) safety of life and property at 
                sea;</DELETED>
                <DELETED>    ``(B) temporary adjustments regarding 
                access to the fishery for vessels otherwise prevented 
                from harvesting because of weather or other ocean 
                conditions affecting the safe conduct of the fishery; 
                and</DELETED>
                <DELETED>    ``(C) effective enforcement measures 
                (including an estimate of the resources necessary for 
                such measures).'';</DELETED>
        <DELETED>    (2) by striking paragraph (7) and inserting the 
        following:</DELETED>
        <DELETED>    ``(7) facilitate the protection of essential fish 
        habitat by--</DELETED>
                <DELETED>    ``(A) summarizing available information on 
                the significance of such habitat to the fishery and the 
                effects of changes to such habitat on the fishery; 
                and</DELETED>
                <DELETED>    ``(B) identifying Federal actions that 
                should be considered to promote the long-term 
                protection of essential fish habitats.'';</DELETED>
        <DELETED>    (3) by striking ``and'' at the end of paragraph 
        (8);</DELETED>
        <DELETED>    (4) by striking the period at the end of paragraph 
        (9) and inserting a semicolon; and</DELETED>
        <DELETED>    (5) by adding at the end the following:</DELETED>
        <DELETED>    ``(10) specify objective and measurable criteria 
        for classifying when the fishery to which the plan applies 
        would be or 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;</DELETED>
        <DELETED>    ``(11) assess the level of bycatch occurring in 
        the fishery, and to the extent practicable, assess and specify 
        the effect of the fishery on stocks of fish to which the plan 
        does not apply, but which are associated with the ecosystem of 
        the fishery; and</DELETED>
        <DELETED>    ``(12) to the extent practicable, minimize 
        mortality caused by economic and regulatory discards in the 
        fishery.''.</DELETED>
<DELETED>    (b) Section 303(b) (16 U.S.C. 1853(b)) is amended--
</DELETED>
        <DELETED>    (1) by striking paragraph (6) and inserting the 
        following:</DELETED>
        <DELETED>    ``(6) establish a limited access system for the 
        fishery in order to achieve optimum yield if--</DELETED>
                <DELETED>    ``(A) in developing such system, the 
                Council and the Secretary take into account present 
                participation in the fishery, historical fishing 
                practices in and dependence on the fishery, the 
                economics of the fishery, the capability of fishing 
                vessels used in the fishery to engage in other 
                fisheries, the cultural and social framework relevant 
                to the fishery and fishery dependent communities, and 
                any other relevant considerations; and</DELETED>
                <DELETED>    ``(B) in the case of any system that 
                provides for individual transferable quotas, such 
                system also complies with the guidelines and fee 
                requirements established under section 303(f);''; 
                and</DELETED>
        <DELETED>    (2) by striking ``and'' at the end of paragraph 
        (9);</DELETED>
        <DELETED>    (3) by striking the period at the end of paragraph 
        (10) and inserting a semicolon and ``and''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
        <DELETED>    ``(11) include, consistent with the other 
        provisions of this Act, conservation and management measures 
        that provide a harvest preference or other incentives for 
        fishing vessels within each gear group that employ fishing 
        practices resulting in lower levels of bycatch.''.</DELETED>
<DELETED>    (c) Section 303 (16 U.S.C. 1853) is amended by striking 
subsection (c) and all thereafter and inserting the 
following:</DELETED>
<DELETED>    ``(c) Regulations to Implement a Fishery Management 
Plan.--Proposed regulations which the Council deems necessary or 
appropriate for the purposes of implementing a fishery management plan 
or amendment to a plan may be submitted to the Secretary for action 
under section 304--</DELETED>
        <DELETED>    ``(1) simultaneously with submission of the plan 
        or amendment to the Secretary for action under section 304; 
        or</DELETED>
        <DELETED>    ``(2) at any time after the plan or amendment is 
        approved.</DELETED>
<DELETED>    ``(d) Fisheries Under Authority of More Than One 
Council.--</DELETED>
        <DELETED>    ``(1) Except as provided in section 302(a)(3), if 
        any fishery extends beyond the geographical area of authority 
        of any one Council, the Secretary may--</DELETED>
                <DELETED>    ``(A) designate which Council shall 
                prepare the fishery management plan for such fishery 
                and any amendment to such plan, as well as any proposed 
                regulations for such fishery; or</DELETED>
                <DELETED>    ``(B) require that the plan, amendment, 
                and proposed regulations be prepared jointly by the 
                Councils concerned.</DELETED>
        <DELETED>    ``(2) No jointly prepared fishery management plan, 
        amendment, or proposed regulations may be submitted to the 
        Secretary unless approved by a majority of the voting members, 
        present and voting, of each Council concerned.</DELETED>
<DELETED>    ``(e) Preparation by the Secretary.--</DELETED>
        <DELETED>    ``(1) The Secretary shall prepare a fishery 
        management plan with respect to any fishery (other than a 
        fishery to which section 302(a)(3) applies), or any amendment 
        to any such plan, in accordance with the national standards, 
        the other provisions of this Act, and any other applicable law, 
        if--</DELETED>
                <DELETED>    ``(A) the appropriate Council fails to 
                develop and submit to the Secretary, after a reasonable 
                period of time, a fishery management plan for such 
                fishery, or any necessary amendment to such plan, if 
                such fishery requires conservation and management and 
                the Secretary provides written notice to the Council of 
                the need for such conservation and 
                management;</DELETED>
                <DELETED>    ``(B) the Secretary disapproves or 
                partially disapproves any such plan or amendment, or 
                disapproves a revised plan or amendment, and the 
                Council involved fails, after a reasonable period of 
                time, to take final action on a revised or further 
                revised plan or amendment, as the case may be; 
                or</DELETED>
                <DELETED>    ``(C) the Secretary determines that the 
                appropriate Council has failed to take sufficient 
                action on a fishery management plan, a plan amendment 
                or proposed regulations to rebuild an overfished 
                fishery pursuant to section 305(b) within 1 year after 
                determining that such fishery is overfished.</DELETED>
        <DELETED>    ``(2) The Secretary shall prepare a fishery 
        management plan with respect to any highly migratory species 
        fishery to which section 302(a)(3) applies that requires 
        conservation and management, or any amendment to any such plan, 
        in accordance with the national standards, the other provisions 
        of this Act, and any other applicable law. In preparing and 
        implementing any such plan or amendment, the Secretary shall--
        </DELETED>
                <DELETED>    ``(A) conduct public hearings, at 
                appropriate times and in appropriate 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;</DELETED>
                <DELETED>    ``(B) consult with and consider the 
                comments and views of affected Councils, as well as 
                commissioners and advisory groups appointed under Acts 
                implementing relevant international fishery agreements 
                pertaining to highly migratory species;</DELETED>
                <DELETED>    ``(C) establish an advisory panel under 
                section 302(g) for each fishery management plan to be 
                prepared under this paragraph, which shall consist of a 
                balanced number of representatives (but not less than 
                7) who are knowledgeable and experienced with respect 
                to the fishery concerned selected from among members of 
                advisory groups appointed under Acts implementing 
                relevant international fishery agreements pertaining to 
                highly migratory species and other interested 
                parties;</DELETED>
                <DELETED>    ``(D) 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;</DELETED>
                <DELETED>    ``(E) with respect to a highly migratory 
                species for which the United States is authorized to 
                harvest an allocation or quota or 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 fishing mortality level;</DELETED>
                <DELETED>    ``(F) 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;</DELETED>
                <DELETED>    ``(G) 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</DELETED>
                <DELETED>    ``(H) ensure that conservation and 
                management measures adopted under this paragraph--
                </DELETED>
                        <DELETED>    ``(i) promote international 
                        conservation of the affected fishery;</DELETED>
                        <DELETED>    ``(ii) take into consideration 
                        traditional fishing patterns of fishing vessels 
                        of the United States and the operating 
                        requirements of the fisheries; and</DELETED>
                        <DELETED>    ``(iii) are fair and equitable in 
                        allocating fishing privileges among United 
                        States fishermen and not have economic 
                        allocation as the sole purpose.</DELETED>
        <DELETED>    ``(3) In preparing any plan or amendment under 
        this subsection, the Secretary shall 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.</DELETED>
        <DELETED>    ``(4) The Secretary may not include in any fishery 
        management plan, or any amendment to any such plan, prepared by 
        the Secretary under paragraph (1), a provision establishing a 
        limited access system, unless such system is first approved by 
        a majority of the voting members of each appropriate 
        Council.</DELETED>
<DELETED>    ``(f) Individual Transferable Quotas.--</DELETED>
        <DELETED>    ``(1) The Secretary may not approve a fishery 
        management plan that includes individual transferable quotas 
        until the Secretary has promulgated guidelines under paragraph 
        (2). Thereafter, the Secretary may approve a fishery management 
        plan or amendment that includes individual transferable quotas 
        only if the plan or amendment is consistent with the guidelines 
        promulgated under paragraph (2).</DELETED>
        <DELETED>    ``(2) The Secretary shall promulgate, after 
        consultation with the Councils and public notice and comment, 
        mandatory guidelines for the establishment of any individual 
        transferable quota system. The guidelines shall--</DELETED>
                <DELETED>    ``(A) ensure that any individual 
                transferable quota system--</DELETED>
                        <DELETED>    ``(i) is consistent with the 
                        requirements for limited access systems under 
                        section 303(b)(6),</DELETED>
                        <DELETED>    ``(ii) promotes 
                        conservation,</DELETED>
                        <DELETED>    ``(iii) requires collection of 
                        fees from holders of individual transferable 
                        quotas under section 304(f)(2),</DELETED>
                        <DELETED>    ``(iv) provides for the fair and 
                        equitable allocation of fishing privileges, and 
                        minimizes negative social and economic impacts 
                        on fishery dependent communities;</DELETED>
                        <DELETED>    ``(v) establishes a national lien 
                        registry system for the identification, 
                        perfection, determination of lien priorities, 
                        and nonjudicial foreclosure of encumbrances or 
                        individual transferable quotas; and</DELETED>
                        <DELETED>    ``(vi) facilitates a reduction in 
                        excessive fishing capacity in the 
                        fishery;</DELETED>
                <DELETED>    ``(B) address the characteristics of 
                fisheries that are relevant to the design of suitable 
                individual transferable quota systems, the nature and 
                extent of the privilege established under an individual 
                transferable quota system, factors in making initial 
                allocations and determining eligibility for ownership 
                of individual transferable quotas, limitations on the 
                consolidation of individual transferable quotas, and 
                methods of providing for new entrants, including, in 
                fisheries where appropriate, mechanisms to provide a 
                portion of the annual harvest for entry-level fishermen 
                or small vessel owners who do not hold individual 
                transferable quotas;</DELETED>
                <DELETED>    ``(C) provide for effective monitoring and 
                enforcement of individual transferable quota systems, 
                including providing for the inspection of fish 
                harvested under such systems before the fish is 
                transported beyond the geographic area under a 
                Council's jurisdiction or the jurisdiction of the 
                United States;</DELETED>
                <DELETED>    ``(D) provide for appropriate penalties 
                for violations of individual transferable quota 
                systems, including the revocation of individual 
                transferable quotas for such violations; and</DELETED>
                <DELETED>    ``(E) include recommendations for 
                potential management options related to individual 
                transferable quotas, including the authorization of 
                individual units or quotas that may not be transferred 
                by the holder, and the use of leases or auctions by the 
                Federal government in the establishment or allocation 
                of individual transferable or nontransferable units or 
                quotas.</DELETED>
        <DELETED>    ``(3) Any fishery management plan which includes 
        individual transferable quotas that the Secretary approved on 
        or before the date of enactment of the Sustainable Fisheries 
        Act shall be amended within 3 years after that date to be 
        consistent with this subsection and any other applicable 
        provisions of this Act.</DELETED>
        <DELETED>    ``(4) No later than 60 days after the date of 
        enactment of the Sustainable Fisheries Act, the Secretary shall 
        establish an advisory panel on individual transferable quotas 
        under section 302(g)(3) which shall be comprised of fishery 
        scientists and representatives of the Councils, representatives 
        of affected States and fishery dependent communities, fishery 
        participants and conservation organizations. Such advisory 
        panel shall provide recommendations on the guidelines required 
        under paragraph (2), a list of all United States fisheries that 
        may be suited for the development of limited access systems 
        that include individual transferable quotas, and other 
        information as the Secretary or the advisory panel deem 
        appropriate.</DELETED>
        <DELETED>    ``(5) An individual transferable quota does not 
        constitute a property right. Nothing in this section or in any 
        other provision of law shall be construed to limit the 
        authority of the Secretary to terminate or limit such 
        individual transferable quota at any time and without 
        compensation to the holder of such quota. The term `holder of 
        an individual transferable quota' includes (A) fishing vessel 
        owners, fishermen, crew members or other citizens of the United 
        States, and (B) United States fish processors.''.</DELETED>

<DELETED>SEC. 112. PLAN REVIEW AND IMPLEMENTATION.</DELETED>

<DELETED>    Section 304 (16 U.S.C. 1854) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 304. PLAN REVIEW AND IMPLEMENTATION.</DELETED>

<DELETED>    ``(a) Action by the Secretary After Receipt of Plan.--
</DELETED>
        <DELETED>    ``(1) Upon transmittal by the Council to the 
        Secretary of a fishery management plan, or amendment to such 
        plan, the Secretary shall--</DELETED>
                <DELETED>    ``(A) immediately commence a review of the 
                management 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</DELETED>
                <DELETED>    ``(B) immediately publish in the Federal 
                Register a notice stating that the plan or amendment is 
                available and that written data, views, or comments of 
                interested persons on the document or amendment may be 
                submitted to the Secretary during the 60-day period 
                beginning on the date the notice is 
                published.</DELETED>
        <DELETED>    ``(2) In undertaking the review required under 
        paragraph (1), the Secretary shall--</DELETED>
                <DELETED>    ``(A) take into account the data, views, 
                and comments received from interested 
                persons;</DELETED>
                <DELETED>    ``(B) consult with the Secretary of State 
                with respect to foreign fishing; and</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the applicable law with which the 
                plan or amendment is inconsistent;</DELETED>
                <DELETED>    ``(B) the nature of such inconsistencies; 
                and</DELETED>
                <DELETED>    ``(C) recommendations concerning the 
                actions that could be taken by the Council to conform 
                such plan or amendment to the requirements of 
                applicable law.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Action on Regulations.--</DELETED>
        <DELETED>    ``(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, this Act and other 
        applicable law. Within 15 days of initiating such evaluation 
        the Secretary shall make a determination and--</DELETED>
                <DELETED>    ``(A) if that determination is 
                affirmative, the Secretary shall publish such 
                regulations, with such technical changes as may be 
                necessary for clarity and an explanation of those 
                changes, in the Federal Register for a public comment 
                period of 15 to 60 days; or</DELETED>
                <DELETED>    ``(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, this Act, 
                and other applicable law.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Definition.-- For purposes of subsections (a) and 
(b), the term `immediately' means on or before the 5th day after the 
day on which a Council transmits to the Secretary a plan, amendment, or 
proposed regulation that the Council characterizes as final.</DELETED>
<DELETED>    ``(d) Secretarial Plan Review.--</DELETED>
        <DELETED>    ``(1)(A) Whenever, under section 303(e), the 
        Secretary prepares a fishery management plan or amendment, the 
        Secretary shall immediately--</DELETED>
                <DELETED>    ``(i) for a plan or amendment prepared 
                under section 303(e)(1), submit such plan or amendment 
                to the appropriate Council for consideration and 
                comment; and</DELETED>
                <DELETED>    ``(ii) publish in the Federal Register a 
                notice stating that the plan or amendment is available 
                and that written data, 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.</DELETED>
        <DELETED>    ``(B) Whenever a plan or amendment is submitted 
        under subsection (1)(A)(i), 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 subparagraph (A)(ii). After the close of 
        such 60-day period, the Secretary, after taking into account 
        any such comments and recommendations, as well as any views, 
        data, or comments submitted under subparagraph (A)(ii), may 
        adopt such plan or amendment.</DELETED>
        <DELETED>    ``(2) The Secretary may propose regulations in the 
        Federal Register to implement any plan or amendment prepared by 
        the Secretary. 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.</DELETED>
        <DELETED>    ``(3) The Secretary shall promulgate final 
        regulations within 30 days after the end of the comment period 
        under paragraph (3). 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 plan, with the national standards and other 
        provisions of this Act, and with any other applicable 
        law.</DELETED>
<DELETED>    ``(e) Judicial Review.--</DELETED>
        <DELETED>    ``(1) Regulations promulgated by the Secretary 
        under this Act and actions described in paragraph (2) shall be 
        subject to judicial review to the extent authorized by, and in 
        accordance with, chapter 7 of title 5, United States Code, if a 
        complaint for such review is filed within 30 days after the 
        date on which the regulations are promulgated or the action is 
        published in the Federal Register, as applicable; except that--
        </DELETED>
                <DELETED>    ``(A) section 705 of such title is not 
                applicable, and</DELETED>
                <DELETED>    ``(B) the appropriate court shall only set 
                aside any such regulation or action on a ground 
                specified in section 706(2)(A), (B), (C), or (D) of 
                such title.</DELETED>
        <DELETED>    ``(2) The actions referred to in paragraph (1) are 
        actions that are taken by the Secretary under regulations which 
        implement a fishery management plan, including but not limited 
        to actions that establish the date of closure of a fishery to 
        commercial or recreational fishing.</DELETED>
        <DELETED>    ``(3) (A) Notwithstanding any other provision of 
        law, the Secretary shall file a response to any complaint filed 
        in accordance with paragraph (1) not later than 45 days after 
        the date the Secretary is served with that complaint, except 
        that the appropriate court may extend the period for filing 
        such a response upon a showing by the Secretary of good cause 
        for that extension.</DELETED>
        <DELETED>    ``(B) A response of the Secretary under this 
        paragraph shall include a copy of the administrative record for 
        the regulations that are the subject of the petition.</DELETED>
        <DELETED>    ``(4) Upon a motion by the person who files a 
        complaint under this subsection, the appropriate court shall 
        assign the matter for hearing at the earliest possible date and 
        shall expedite the matter in every possible way.</DELETED>
<DELETED>    ``(f) Establishment of Fees.--</DELETED>
        <DELETED>    ``(1) The Secretary shall by regulation establish 
        the level of any fees that are authorized to be charged 
        pursuant to section 303(b)(1). The Secretary may enter into a 
        cooperative agreement with the States concerned under which the 
        States administer the permit system and the agreement may 
        provide that all or part of the fees collected under the system 
        shall accrue to the States. The level of fees charged under 
        this paragraph shall not exceed the administrative costs 
        incurred in issuing the permits.</DELETED>
        <DELETED>    ``(2)(A) Notwithstanding paragraph (1), the 
        Secretary shall collect a fee from each person holding an 
        individual transferable quota pursuant to a limited access 
        system established under section 303(b)(6). Fees assessed under 
        this paragraph shall be sufficient to recover the cost of 
        managing the fishery to which the quota applies, including 
        reasonable costs for salaries, training, data analysis and 
        other costs directly related to fishery management and 
        enforcement, up to--</DELETED>
                <DELETED>    ``(i) four percent annually of the value 
                of fish harvested or processed in that year under the 
                individual transferable quota; and</DELETED>
                <DELETED>    ``(ii) an additional 1 percent of the 
                value of fish authorized to be harvested or processed 
                for that year under the individual transferable quota 
                to be assessed on a person receiving an initial quota 
                or transferring a quota.</DELETED>
        <DELETED>    ``(B) The Secretary, in consultation with the 
        Councils, shall promulgate regulations, prescribing the method 
        of determining the value of fish authorized to be taken, the 
        amount of each fee, and the method of collecting fees. Fees 
        collected under this paragraph shall meet the requirements of 
        section 9701(b) of title 31, United States Code. Fees collected 
        under this paragraph shall be an offsetting collection and 
        shall be available only to the Secretary for the purposes of 
        administering and implementing this Act in the region in which 
        the fees were collected.</DELETED>
        <DELETED>    ``(C) Persons holding individual transferable 
        quota pursuant to limited access systems established in the 
        surf clam and ocean quahog fishery or in the wreckfish fishery 
        are exempt from the collection of fees under this paragraph for 
        a period ending 5 years after the date of enactment of the 
        Sustainable Fisheries Act.</DELETED>
<DELETED>    ``(g) Effect of Certain Laws on Certain Time 
Requirements.--The Secretary shall comply with any applicable 
provisions of chapter 35 of title 44, United States Code, chapter 6 of 
title 5, United States Code, and Executive Order Numbered 12866, dated 
September 30, 1993, within the time limitations specified in 
subsections (a) and (b).</DELETED>
<DELETED>    ``(h) Responsibility of the Secretary.--The Secretary 
shall have general responsibility to carry out the provisions of this 
Act. The Secretary may promulgate such regulations, in accordance with 
section 553 of title 5, United States Code, as may be necessary to 
discharge such responsibility.''.</DELETED>

<DELETED>SEC. 113. ECOSYSTEM MANAGEMENT.</DELETED>

<DELETED>    Section 305 (16 U.S.C. 1855) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 305. ECOSYSTEM MANAGEMENT.</DELETED>

<DELETED>    ``(a) Report on Status of Fisheries.--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 approaching a condition of being 
overfished or are overfished. For those fisheries managed under a 
fishery management plan, the status shall be assessed using the 
criteria for overfishing specified by the appropriate Council under 
section 303(a)(10). 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 2 years. Any 
fishery determined to be a commercial fishery failure under section 
316, shall be deemed to be overfished for the purposes of subsections 
(a) and (b).</DELETED>
<DELETED>    ``(b) Fishery Recovery Effort.--</DELETED>
        <DELETED>    ``(1) The Council shall take immediate action to 
        prepare a fishery management plan, a plan amendment, or 
        proposed regulations for fisheries under such Council's 
        authority--</DELETED>
                <DELETED>    ``(A) to prevent overfishing of a fishery 
                from occurring whenever such fishery is classified 
                under subsection (a) as approaching an overfished 
                condition, or</DELETED>
                <DELETED>    ``(B) to stop overfishing of a fishery 
                whenever such fishery is classified under subsection 
                (a) as overfished, and to rebuild affected stocks of 
                fish.</DELETED>
        <DELETED>    ``(2) The Council shall submit a fishery 
        management plan, amendment or proposed regulations required 
        under paragraph (1) to the Secretary within 1 year from the 
        date of transmittal of the report on the status of stocks under 
        subsection (a). For a fishery that is overfished, such fishery 
        management plan, amendment or proposed regulations shall 
        specify a time period for stopping overfishing and rebuilding 
        the fishery. The time period shall be as short as possible, 
        taking into account the status and biology of the overfished 
        stock of fish, the needs of fishery-dependent communities, and 
        the interaction of the overfished stock of fish within the 
        marine ecosystem. The time period may not be more than 10 
        years, except under extraordinary circumstances.</DELETED>
        <DELETED>    ``(3) During the development of a fishery 
        management plan, a plan amendment, or proposed regulations 
        under this subsection, the Council may request that the 
        Secretary promulgate emergency regulations under subsection 
        (e)(2) to reduce overfishing. Any request by the Council under 
        this paragraph shall be deemed an emergency.</DELETED>
<DELETED>    ``(c) Fish Habitat.--</DELETED>
        <DELETED>    ``(1) The Secretary, in cooperation with the 
        Councils and the Secretary of the Interior, after notice and 
        public comment, shall identify the essential fish habitat for 
        each fishery for which a fishery management plan is in effect. 
        The identification shall be based on the description of 
        essential fish habitat contained in the plan.</DELETED>
        <DELETED>    ``(2) Each Council--</DELETED>
                <DELETED>    ``(A) may comment on and make 
                recommendations concerning any activity undertaken, or 
                proposed to be undertaken, by any Federal or State 
                agency that, in the view of the Council, may have an 
                adverse effect on essential fish habitat of a fishery 
                under its authority; and</DELETED>
                <DELETED>    ``(B) shall comment on and make 
                recommendations to any Federal or State department or 
                agency concerning any such activity that, in the view 
                of the Council is likely to substantially affect the 
                habitat of an anadromous fishery resource under its 
                jurisdiction.</DELETED>
        <DELETED>    ``(3) If the Secretary receives information from a 
        Council or determines from other sources that an action 
        authorized, funded, carried out, or proposed to be carried out 
        by any Federal agency may result in the destruction or adverse 
        modification of any essential fish habitat identified under 
        paragraph (1), the Secretary shall comment on and make 
        recommendations to the Federal agency concerning that 
        action.</DELETED>
        <DELETED>    ``(4) Within 45 days after receiving a comment or 
        recommendation under paragraphs (2) or (3) from a Council or 
        the Secretary, a Federal agency shall provide a detailed 
        response, in writing, to the commenting Council and the 
        Secretary regarding the matter. The response shall include a 
        description of measures being considered by the agency for 
        avoiding, mitigating, or offsetting the impact of the activity 
        on such habitat. In the case of a response that is inconsistent 
        with a recommendation from any Council or the Secretary, the 
        Federal agency shall explain its reasons for not following the 
        recommendations.</DELETED>
<DELETED>    ``(d) Gear Evaluation and Notification of Entry.--
</DELETED>
        <DELETED>    ``(1) Each Council shall submit to the Secretary 
        by June 1, 1996, information describing (A) all fishing 
        technologies employed under such Council's authority; and (B) 
        all fisheries under the authority of such Council. The 
        Secretary shall compile such information, along with 
        information to comply with both (A) and (B) for fisheries to 
        which section 302(a)(3) applies.</DELETED>
        <DELETED>    ``(2) By July 15, 1996, the Secretary shall 
        publish a proposed list of all technologies and fisheries, for 
        each Council and for fisheries to which section 302(a)(3) 
        applies, in the Federal Register for a public comment period of 
        not less than 60 days. The Secretary shall include with such 
        list specific guidelines for determining when a technology or 
        fishery is sufficiently different from those listed as to 
        require notification under paragraph (3). Within 30 days after 
        the close of the public comment period the Secretary shall 
        publish in the Federal Register a final list (including the 
        guidelines), after taking into account any public comment 
        received.</DELETED>
        <DELETED>    ``(3) Beginning on the date that is 180 days after 
        the date of the publication of the final list required under 
        paragraph (2), no person or vessel shall employ a fishing 
        technology or engage in a fishery that is not included on the 
        final list for the appropriate Council or for fisheries to 
        which section 302(a)(3) applies without first giving 90 days 
        advance written notice of the intent to employ such unlisted 
        technology or engage in such unlisted fishery to the 
        appropriate Council, or the Secretary with respect to a fishery 
        to which section 302(a)(3) applies. Such notice shall be by 
        first class mail, return receipt requested, and shall include 
        information on the use of the unlisted technology in other 
        fisheries, if any, and a detailed description, including 
        drawings, maps or diagrams if appropriate, of the unlisted 
        technology or unlisted fishery which such person or vessel 
        seeks to employ or engage in.</DELETED>
        <DELETED>    ``(4) A Council may submit to the Secretary 
        amendments to the final list published under paragraph (2) to 
        reflect any substantial changes in the fishing technologies 
        employed or fisheries engaged in under the authority of such 
        Council. The Secretary may submit any amendments for fisheries 
        to which section 302(a)(3) applies. The Secretary shall publish 
        any such amendments in the Federal Register as proposed 
        amendments (along with any proposed revisions to the 
guidelines) to the final list for a public comment period of not less 
than 60 days. Within 45 days of the close of the comment period, the 
Secretary shall publish a revised final list incorporating such 
proposed amendments, after taking into account any public comments 
received.</DELETED>
        <DELETED>    ``(5) A Council may request the Secretary to 
        promulgate emergency regulations under subsection (e) 
        prohibiting any persons or vessels from employing an unlisted 
        technology or engaging in an unlisted fishery if the 
        appropriate Council, or the Secretary for fisheries to which 
        section 302(a)(3) applies, determines that use of such 
        technology or entry into such fishery would compromise the 
        effectiveness of conservation and management efforts under this 
        Act.</DELETED>
        <DELETED>    ``(6) If, after providing the notice required 
        under paragraph (3), no emergency regulations are implemented 
        under paragraph (5), the person or vessel submitting notice 
        under paragraph (3) may, after the required 90 day period has 
        lapsed, employ the unlisted technology or enter the unlisted 
        fishery to which such notice applies. The signed return receipt 
        shall constitute adequate evidence of the submittal of such 
        notice and the date upon which the 90-day period 
        begins.</DELETED>
        <DELETED>    ``(7) A violation of this subsection shall be 
        considered a violation of section 307, punishable under section 
        308.</DELETED>
<DELETED>    ``(e) Emergency Actions.--</DELETED>
        <DELETED>    ``(1) If the Secretary finds that an emergency 
        exists involving any fishery, he may promulgate emergency 
        regulations necessary to address the emergency, without regard 
        to whether a fishery management plan exists for such 
        fishery.</DELETED>
        <DELETED>    ``(2) If a Council finds that an emergency exists 
        involving any fishery within its jurisdiction, whether or not a 
        fishery management plan exists for such fishery--</DELETED>
                <DELETED>    ``(A) the Secretary shall promulgate 
                emergency regulations under paragraph (1) to address 
                the emergency if the Council, by unanimous vote of the 
                voting members of the Council, requests the taking of 
                such action; and</DELETED>
                <DELETED>    ``(B) the Secretary may promulgate 
                emergency regulations under paragraph (1) to address 
                the emergency if the Council, by less than a unanimous 
                vote, requests the taking of such action.</DELETED>
        <DELETED>    ``(3) Any emergency regulation which changes an 
        existing fishery management plan shall be treated as an 
        amendment to such plan for the period in which such regulation 
        is in effect. Any emergency regulation promulgated under this 
        subsection--</DELETED>
                <DELETED>    ``(A) shall be published in the Federal 
                Register together with the reasons therefor;</DELETED>
                <DELETED>    ``(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 an 
                additional period of not more than 180 days, provided 
                the public has had an opportunity to comment on the 
                emergency regulation, and, in the case of a Council 
                recommendation for emergency regulations, the Council 
                is actively preparing a fishery management plan, 
                amendment, or proposed regulations to address the 
                emergency on a permanent basis;</DELETED>
                <DELETED>    ``(C) that responds to a public health 
                emergency may remain in effect until the circumstances 
                that created the emergency no longer exist, provided 
                that the Secretary of Health and Human Services concurs 
                with the Secretary's action and the public has an 
                opportunity to comment after the regulation is 
                published;</DELETED>
                <DELETED>    ``(D) that reduces overfishing may be 
                approved without regard to the requirements of section 
                301(a)(1); and</DELETED>
                <DELETED>    ``(E) may be terminated by the Secretary 
                at an earlier date by publication in the Federal 
                Register of a notice of termination, except for 
                emergency regulations promulgated under paragraph (2) 
                in which case such early termination may be made only 
                upon the agreement of the Secretary and the Council 
                concerned.</DELETED>
        <DELETED>    ``(4) The Secretary may, pursuant to guidelines 
        established by a Council in a fishery management plan, close or 
        restrict a particular fishery covered by such fishery 
        management plan in order to prevent overfishing or reduce 
        bycatch. Any such guidelines shall specify appropriate means 
        for providing timely notice to fishermen of any closure or 
        restriction. In exercising the authority granted under this 
        paragraph, the Secretary shall not be required to provide an 
        opportunity for notice and comment if such closure or 
        restriction is done in accordance with the fishery management 
        plan guidelines and does not extend beyond the end of the 
        current fishing period established for that fishery by the 
        fishery management plan.''.</DELETED>

<DELETED>SEC. 114. STATE JURISDICTION.</DELETED>

<DELETED>    (a) Section 306(b) (16 U.S.C. 1856(b)) is amended by 
adding at the end the following:</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (b) Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``and'' in subparagraph 
        (A);</DELETED>
        <DELETED>    (2) by striking the period at the end of 
        subparagraph (B) and inserting a semicolon and the word 
        ``and''; and</DELETED>
        <DELETED>    (3) by inserting after subparagraph (B) the 
        following:</DELETED>
                <DELETED>    ``(C) the owner or operator of the vessel 
                submits reports on the tonnage of fish received from 
                U.S. vessels and the locations from which such fish 
                were harvested, in accordance with such procedures as 
                the Secretary by regulation shall 
                prescribe.''.</DELETED>

<DELETED>SEC. 115. PROHIBITED ACTS.</DELETED>

<DELETED>    (a) Section 307(1)(J)(i) (16 U.S.C. 1857(1)(J)(i)) is 
amended by striking ``American Lobster Fishery Management Plan, as 
implemented by'' and ``, or any successor to that plan, implemented 
under this title''.</DELETED>
<DELETED>    (b) Section 307(1)(L) (16 U.S.C. 1857(1)(L)) is amended to 
read as follows:</DELETED>
                <DELETED>    ``(L) to forcibly assault, resist, oppose, 
                impede, intimidate, sexually harass, or interfere with 
                any observer on a vessel under this Act, or any data 
                collector employed by or under contract to the National 
                Marine Fisheries Service;''.</DELETED>
<DELETED>    (c) Section 307(1)(M) (16 U.S.C. 1857(1)(M)) is amended to 
read as follows:</DELETED>
                <DELETED>    ``(M) to engage in large-scale driftnet 
                fishing on a vessel of the United States or a vessel 
                subject to the jurisdiction of the United States upon 
                the high seas beyond the exclusive economic zone of any 
                nation or within the exclusive economic zone of the 
                United States, (and 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 onboard gear that is capable 
                of use for large-scale driftnet fishing, shall be 
                presumed to be engaged in such fishing, but that 
                presumption may be rebutted); or''.</DELETED>
<DELETED>    (d) Section 307(2)(A) (16 U.S.C. 1857(2)(A)) is amended to 
read as follows:</DELETED>
                <DELETED>    ``(A) in fishing within the boundaries of 
                any State, except--</DELETED>
                        <DELETED>    ``(i) recreational fishing 
                        permitted under section 201(i),</DELETED>
                        <DELETED>    ``(ii) fish processing permitted 
                        under section 306(c), or</DELETED>
                        <DELETED>    ``(iii) transshipment at sea of 
                        fish products within the boundaries of any 
                        State in accordance with a permit approved 
                        under section 204(b)(6)(A)(ii);''.</DELETED>
<DELETED>    (e) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended by 
striking ``201(j)'' and inserting ``201(i)''.</DELETED>
<DELETED>    (f) Section 307(3) (16 U.S.C. 1857(3)) is amended to read 
as follows:</DELETED>
        <DELETED>    ``(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(b)(6)(B) or section 306(c) to 
        receive such fish;''.</DELETED>
<DELETED>    (g) Section 307(4) (16 U.S.C. 1857(4)) is amended by 
inserting ``or within the boundaries of any State'' after 
``zone''.</DELETED>

<DELETED>SEC. 116. CIVIL PENALTIES AND PERMIT SANCTIONS.</DELETED>

<DELETED>    (a) 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.''.</DELETED>
<DELETED>    (b) Section 308(g)(1)(C) (16 U.S.C. 1858(g)(1)(C)) is 
amended by striking the matter from ``(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,''.</DELETED>
<DELETED>    (c) Section 308(16 U.S.C. 1858) is amended by inserting at 
the end thereof the following:</DELETED>
<DELETED>    ``(h) After deduction for any administrative or 
enforcement costs incurred or other expenditures authorized under this 
Act, all funds collected under this section shall be deposited in a 
separate account of the Ocean Conservation Trust Fund established under 
section 315.''.</DELETED>

<DELETED>SEC. 117. ENFORCEMENT.</DELETED>

<DELETED>    (a) Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``fishery'' each place it appears 
        and inserting ``marine'';</DELETED>
        <DELETED>    (2) by inserting ``of not less than 20 percent of 
        the penalty collected'' after ``reward'' in subparagraph (B), 
        and</DELETED>
        <DELETED>    (3) by striking subparagraph (E) and inserting the 
        following:</DELETED>
                <DELETED>    ``(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''.</DELETED>
<DELETED>    (b) Section 311(e)(2) (16 U.S.C. 1861(e)(2)) is amended to 
read as follows:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Section 311 (16 U.S.C. 1861) is amended by 
redesignating subsection (f) as subsection (h), and by inserting the 
following after subsection (e):</DELETED>
<DELETED>    ``(f) Annual Report on Enforcement.--Each year at the time 
the President's budget is submitted to the Congress, the Secretary and 
the Secretary of the Department in which the Coast Guard is operating 
shall, after consultation with the Councils, submit a report on the 
effectiveness of the enforcement of fishery management plans and 
regulations to implement such plans under the jurisdiction of each 
Council, including--</DELETED>
        <DELETED>    ``(1) an analysis of the adequacy of federal 
        personnel and funding resources related to the enforcement of 
        fishery management plans and regulations to implement such 
        plans; and</DELETED>
        <DELETED>    ``(2) recommendations to improve enforcement that 
        should be considered in developing amendments to plans or to 
        regulations implementing such plans.</DELETED>
<DELETED>    ``(g) Fishermen's Information Networks.--The Secretary, in 
consultation with the Secretary of the department in which the Coast 
Guard is operating, shall conduct a program to encourage the formation 
of volunteer networks, to be designated as Fishermen's Information 
Networks, to advise on and assist in the monitoring, reporting, and 
prevention of violations of this Act.''.</DELETED>

<DELETED>SEC. 118. NORTH PACIFIC FISHERIES CONSERVATION.</DELETED>

<DELETED>    Section 313 (16 U.S.C. 1862) is amended--</DELETED>
        <DELETED>    (1) by striking ``research plan'' in the section 
        heading and inserting ``conservation''; and</DELETED>
<DELETED>    (b) by adding at the end the following:</DELETED>
<DELETED>    ``(f) Reduction of Waste.--</DELETED>
        <DELETED>    ``(1) No later than June 1, 1996, the North 
        Pacific Fishery Management Council shall include in each 
        fishery management plan under its jurisdiction conservation and 
        management measures, including fees or other incentives, to 
        reduce bycatch in each fishery. Notwithstanding section 304(d), 
        in implementing this subsection the Council may recommend, and 
the Secretary may approve and implement any such recommendation, 
consistent with the other provisions of this Act, a system of fees to 
provide an incentive to reduce bycatch, and, in particular, economic 
and regulatory discards. Any such system of fees or incentives shall be 
fair and equitable to all fishermen and United States fish processors, 
and shall not have economic allocation as its sole purpose.</DELETED>
        <DELETED>    ``(2) Not later than January 1, 1997, the North 
        Pacific Fishery Management Council shall recommend, and the 
        Secretary may approve and implement any such recommendation, 
        consistent with the other provisions of this Act, conservation 
        and management measures to ensure total catch measurement in 
        each fishery under the Council's jurisdiction. Such 
        conservation and management measures shall ensure the accurate 
        enumeration of target species, economic discards, and 
        regulatory discards.</DELETED>
        <DELETED>    ``(3) Beginning on January 1, 1998, such 
        conservation and management measures shall include a harvest 
        preference or other incentives to fishing and processing 
        practices within each gear group that result in the lowest 
        levels of economic discards, processing waste, regulatory 
        discards, and other bycatch. In determining which practices 
        shall be given priority, the reduction of economic discards 
        shall be given the greatest weight, followed by processing 
        waste (where applicable), regulatory discards and other 
        bycatch, in that order.</DELETED>
        <DELETED>    ``(4) In determining the level of target species 
        catch, economic discards, regulatory discards, other bycatch, 
        and processing waste, the Council and Secretary shall base such 
        determinations on observer data or the best available 
        information.</DELETED>
        <DELETED>    ``(5) In the case of fisheries occurring under an 
        individual transferable quota system under the jurisdiction of 
        the North Pacific Fishery Management Council after January 1, 
        1998--</DELETED>
                <DELETED>    ``(A) the Council shall designate non-
                target species, bycatch species, and regulatory 
                discards for each such fishery;</DELETED>
                <DELETED>    ``(B) the Council may not recommend, and 
                the Secretary may not approve, any assignment or 
                allocation of individual transferable quotas for 
                regulatory discards, or non-target species for those 
                fisheries, other than for each individual fishing 
                season on an annual basis pursuant to subparagraph (C) 
                of this paragraph; and</DELETED>
                <DELETED>    ``(C) any harvest preference required 
                under paragraph (3) shall be implemented by giving 
                priority in the allocation of quotas for regulatory 
                discards and non-target species and to fishing 
                practices that result in the lowest levels of economic 
                discards, regulatory discards, processing waste, and 
                other bycatch.</DELETED>
        <DELETED>    ``(6) Nothing in this section shall be construed 
        to preclude the North Pacific Fishery Management Council from 
        allocating a portion of any quota for a directed fishery for 
        use as bycatch in another fishery or fisheries, if the Council 
        determines such allocation is necessary to prosecute a fishery, 
        after taking into account the requirements of this section 
        regarding reduction of bycatch and processing waste.</DELETED>
<DELETED>    ``(g) Full Retention and Full Utilization.--</DELETED>
        <DELETED>    ``(1) The North Pacific Fishery Management Council 
        shall, consistent with the other provisions of this Act, submit 
        to the Secretary by January 1, 1997, a plan to phase-in by 
        January 1, 2000, to the maximum extent practicable, fishery 
        management plan amendments to require full retention by fishing 
        vessels and full utilization by United States fish processors 
        of all fishery resources, except regulatory discards, caught 
        under the jurisdiction of such Council if such fishery 
        resources cannot be quickly returned alive to the sea with the 
        expectation of extended survival.</DELETED>
        <DELETED>    ``(2) The plan shall include conservation and 
        management measures to minimize processing waste and ensure the 
        optimum utilization of target species, including standards 
        setting minimum percentages of target species harvest which 
        must be processed for human consumption.</DELETED>
        <DELETED>    ``(3) In determining the maximum extent 
        practicable, the North Pacific Fishery Management Council shall 
        consider--</DELETED>
                <DELETED>    ``(A) the state of available 
                technology;</DELETED>
                <DELETED>    ``(B) the extent to which species brought 
                on board can be safely returned alive, with the 
                expectation of extended survival, to the sea;</DELETED>
                <DELETED>    ``(C) the extent to which each species is 
                fully utilized as a target species by United States 
                fishermen;</DELETED>
                <DELETED>    ``(D) the impact of different processing 
                practices on the price paid to fishermen and 
                processors;</DELETED>
                <DELETED>    ``(E) the nature and economic costs of 
                each specific fishery; and</DELETED>
                <DELETED>    ``(F) the effect of a full retention or 
                full utilization requirement in a given fishery on 
                other fisheries when compared with the beneficial 
                effect of reducing economic discards and processing 
                waste.</DELETED>
        <DELETED>    ``(4) Notwithstanding section 304(f), the North 
        Pacific Fishery Management Council may propose, and the 
        Secretary may approve and implement any such recommendation, 
        consistent with the other provisions of this Act, a system of 
        fines or other incentives to implement this section. Any such 
        fines or incentive system shall be fair and equitable to all 
        fishing vessels and United States fish processors, and shall 
        not have economic allocation as its sole purpose.</DELETED>
<DELETED>    ``(h) Regulatory Discards.--</DELETED>
        <DELETED>    ``(1) Regulatory discards shall not be considered 
        an economic discard for purposes of this section, however, the 
        North Pacific Fishery Management Council shall seek to reduce 
        the incidental catch of regulatory discards to the maximum 
        extent practicable while allowing for the prosecution of 
        fisheries under its jurisdiction.</DELETED>
        <DELETED>    ``(2) Not later than June 1, 1996, the North 
        Pacific Fishery Management Council shall propose, and the 
Secretary may approve and implement any such recommendation, consistent 
with the other provisions of this Act, for each groundfish fishery 
under the Council's jurisdiction, conservation and management measures 
to reduce the incidental harvest of regulatory discards to the minimum 
level necessary to prosecute directed fisheries for designated target 
species, and to otherwise meet the requirements of this section. 
Notwithstanding section 304(f), such conservation and management 
measures may include a system of fines, caps, or other incentives to 
reduce the incidental harvest of regulatory discards. Any system of 
fines or incentives under this section shall be fair and equitable to 
all fishing vessels and United States fish processors, and shall not 
have economic allocation as its sole purpose.</DELETED>
        <DELETED>    ``(3) The North Pacific Fishery Management Council 
        shall establish for each fishery which incidentally harvests 
        regulatory discards under the Council's jurisdiction a cap 
        which prevents such regulatory discards from being overfished 
        or from being placed in risk of being overfished. Upon reaching 
        such cap, the commercial fishery in which such regulatory 
        discards are incidentally caught shall be closed for that 
        season.</DELETED>
<DELETED>    ``(i) Observer Program.--</DELETED>
        <DELETED>    ``(1) Beginning June 1, 1996, the North Pacific 
        Fishery Management Council shall require under the authority 
        granted to it by subsection (a)--</DELETED>
                <DELETED>    ``(A) 100 percent observer coverage on all 
                fishing vessels which can safely accommodate an 
                observer or observers, and at all United States fish 
                processors to the extent that funding for such coverage 
                is available, and</DELETED>
                <DELETED>    ``(B) for vessels which cannot safely 
                accommodate an observer, statistically reliable 
                sampling of a fishing vessel's effort in each fishery 
                in which that fishing vessel participates,</DELETED>
        <DELETED>when such vessel or processor is fishing in a fishery 
        under the North Pacific Fishery Management Council's 
        jurisdiction. In implementing subparagraph (A) the North 
        Pacific Fishery Management Council shall require that more than 
        one observer be stationed on a fishing vessel or at a United 
        States fish processor whenever the Council determines that more 
        than one such observer is necessary to accurately monitor that 
        vessel or processor's operation.</DELETED>
        <DELETED>    ``(2) Observers stationed on fishing vessels or at 
        United States fish processors under the authority of this 
        section shall be paid by the Secretary using funds deposited in 
        the North Pacific Fishery Observer Fund. Such payment shall not 
        make an observer an employee of the Federal Government, unless 
        such observer is otherwise employed by an agency of the United 
        States.</DELETED>
        <DELETED>    ``(3) Failure to pay the fee established by the 
        North Pacific Fishery Management Council under subsection (a) 
        shall be a considered a violation of section 307, punishable 
        under section 308. Any fines collected pursuant to the 
        authority granted by this subsection shall be deposited in the 
        North Pacific Fishery Observer Fund account in the United 
        States Treasury, and shall remain available until expended 
        under the terms of that fund.</DELETED>
        <DELETED>    ``(4) Notwithstanding sections 304(f) and 
        subsection (b), the Secretary is authorized to recover from 
        vessels participating in a fishery under an individual fishing 
        quota regime or other limited access program established by the 
        North Pacific Fishery Management Council, the full cost of any 
        observers stationed on such vessel (including all costs for 
        salaries, expenses, equipment, food and lodging, 
        transportation, insurance, and analysis of observer data, plus 
        reasonable costs for training and administrative overhead). 
        Each participant in an individual fishing quota regime shall 
        only be required to contribute the same proportion of the costs 
        as that participant's quota shares represent to the total 
        number of quota shares in such regime. To the extent that the 
        costs recovered under this paragraph exceed the fee established 
        by the Council under subsection (b), the Secretary shall deduct 
        any payment by a vessel under subsection (b) from the amount 
        owed by such vessel under this paragraph. The Secretary shall 
        deposit any fees collected under this paragraph in the North 
        Pacific Fishery Observer Fund account in the United States 
        Treasury.</DELETED>
<DELETED>    ``(j) Industry Assistance.--</DELETED>
        <DELETED>    ``(1) The Secretary shall submit a plan by January 
        1, 1996, to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Resources of 
        the House of Representatives to develop jointly with industry 
        accurate methods of weighing the fish harvested by United 
        States fishing vessels in fisheries under the jurisdiction of 
        the North Pacific Fishery Management Council. Such plan shall 
        include methods for assessing contributions from industry to 
        fund such development, as well as recommendations from the 
        Secretary concerning the level of funds needed to successfully 
        implement the plan in fiscal year 1997.</DELETED>
        <DELETED>    ``(2) The Secretary shall submit by January 1, 
        1996, to the Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Resources of the House of 
        Representatives a plan to develop markets and harvesting and 
        processing techniques for arrowtooth flounder. The Secretary 
        shall include in such plan recommendations concerning the level 
        of funds needed to successfully implement the plan in fiscal 
        year 1997.</DELETED>
        <DELETED>    ``(3) For fiscal years 1996, 1997, 1998, and 1999, 
        $50,000 is authorized to be appropriated for the purposes of 
        implementing paragraph (1), and $250,000 is authorized to be 
        appropriated for programs to implement paragraph (2).</DELETED>
<DELETED>    ``(k) Definition.--For the purposes of this section, 
`processing waste' means that portion of a fish which is processed and 
which could be used for human consumption or other commercial use, but 
which is not so used.''.</DELETED>

<DELETED>SEC. 119. TRANSITION TO SUSTAINABLE FISHERIES.</DELETED>

<DELETED>    (a) The Act is amended by adding at the end of title III 
the following:</DELETED>

<DELETED>``SEC. 315. TRANSITION TO SUSTAINABLE FISHERIES.</DELETED>

<DELETED>    ``(a) Sustainable Development Strategy.--</DELETED>
        <DELETED>    ``(1) At the discretion of the Secretary or at the 
        request of the Governor of an affected State or a fishery 
        dependent community, the Secretary, in consultation with the 
        Councils and Federal agencies, as appropriate, may work with 
        regional authorities, affected States, fishery dependent 
        communities, the fishing industry, conservation organizations, 
        and other interested parties, to develop a sustainable 
        development strategy for any fishery classified as overfished 
        under section 305(a) or determined to be a commercial fishery 
        failure under section 316.</DELETED>
        <DELETED>    ``(2) Such sustainable development strategy 
        shall--</DELETED>
                <DELETED>    ``(A) take into consideration the 
                economic, social, and ecological factors affecting the 
                fishery and provide recommendations for addressing such 
                factors in the development of a fishery recovery effort 
                under section 305(b);</DELETED>
                <DELETED>    ``(B) identify Federal and State programs 
                which can be used to provide assistance to fishery 
                dependent communities during development and 
                implementation of a fishery recovery effort;</DELETED>
                <DELETED>    ``(C) develop a balanced and comprehensive 
                long-term plan to guide the transition to a sustainable 
                fishery, identifying alternative economic opportunities 
                and establishing long-term objectives for the fishery 
                including vessel types and sizes, harvesting and 
                processing capacity, and optimal fleet size;</DELETED>
                <DELETED>    ``(D) establish procedures to implement 
                such a plan and facilitate consensus and coordination 
                in regional decision-making; and</DELETED>
                <DELETED>    ``(E) include any program established 
                under subsection (b) to reduce the number of vessels or 
                level of capital investment in the fishery.</DELETED>
        <DELETED>    ``(2) Report.--The Secretary shall complete and 
        submit to the Congress a report on any sustainable development 
        strategy developed under this section within 6 months and 
        annually thereafter.</DELETED>
<DELETED>    ``(b) Buy-out Program.--</DELETED>
        <DELETED>    ``(1) The Secretary, in consultation with the 
        appropriate Council, may develop and implement a buy-out 
        program for fishing vessels or permits in a fishery for the 
        purpose of reducing the number of fishing vessels and fishing 
        effort in such fishery, if the Secretary, with the concurrence 
        of the majority of the voting members of such Council, 
        determines that a buy-out program is necessary for the 
        development and implementation of a fishery recovery effort 
        under section 305(b).</DELETED>
        <DELETED>    ``(2) Any buy-out program developed or implemented 
        in a fishery shall--</DELETED>
                <DELETED>    ``(A) require a fishery management plan to 
                be in place for such fishery that is adequate to limit 
                access to the fishery and prevent the replacement of 
                fishing effort removed by the buy-out 
                program;</DELETED>
                <DELETED>    ``(B) require fishing vessels or permits 
                acquired under such program to be disposed of in a 
                manner ensuring that such vessels or permits do not re-
                enter the fishery or contribute to excess fishing 
                effort in other fisheries;</DELETED>
                <DELETED>    ``(C) establish criteria for determining 
                types and numbers of vessels which are eligible for 
                participation in such program consistent with--
                </DELETED>
                        <DELETED>    ``(i) any strategy developed under 
                        subsection (a);</DELETED>
                        <DELETED>    ``(ii) the requirements of 
                        applicable fishery management plans; 
                        and</DELETED>
                        <DELETED>    ``(iii) the need to minimize 
                        program costs;</DELETED>
                <DELETED>    ``(D) establish procedures (such as 
                submission of owner bid under an auction system or fair 
                market-value assessment) to be used in determining the 
                level of payment for fishing vessels or permits 
                acquired under the program; and</DELETED>
                <DELETED>    ``(E) identify Federal and non-Federal 
                mechanisms for funding the buy-out program, consistent 
                with paragraphs (3) and (4).</DELETED>
        <DELETED>    ``(3) The Federal share of the cost of a buy-out 
        program implemented under this section shall not exceed 50 
        percent of the cost of that program. Such Federal share may be 
        provided from monies deposited in the Ocean Conservation Trust 
        Fund under section 308(h) or monies made available under 
        section 316(b) of this Act or under section 2(b) of the Act of 
        August 11, 1939 (15 U.S.C. 713c-3(b)).</DELETED>
        <DELETED>    ``(4) Notwithstanding section 305(f)(1), the 
        Secretary, with the concurrence of a majority of the voting 
        members of the affected Council, may establish a fee system to 
        collect those funds required for the non-Federal share of such 
        program that are not available from other non-Federal sources. 
        Under such fee system, the Secretary may assess an annual fee 
        on holders of fishing permits in the fishery for which the buy-
        out program is established which may not exceed 5 percent 
        annually of the value of the fish harvested under the fishing 
        permit. Assessments may not be used to pay any costs of 
        administrative overhead or other costs not directly incurred in 
        carrying out the specific buy-out program under which they are 
        collected. Assessments shall be deposited in the Ocean 
        Conservation Trust fund established under subsection (d) and 
        shall be considered part of the non-Federal share of the cost 
        of a buyout program.</DELETED>
        <DELETED>    ``(5)(A) Upon completion of a proposal for a buy-
        out program (including any fee system to be established under 
        this subsection), the Secretary shall immediately--</DELETED>
                <DELETED>    ``(i) submit the proposed program and 
                regulations necessary for its implementation to the 
                appropriate Council for consideration and comment; 
                and</DELETED>
                <DELETED>    ``(ii) publish in the Federal Register a 
                notice stating that the proposed program and 
                regulations are available and that written data, views, 
                or comments of interested persons on the proposed 
                program and regulations may be submitted to the 
                Secretary during the 60-day period beginning on the 
date the notice is published.</DELETED>
        <DELETED>    ``(B) During the 60-day public comment period--
        </DELETED>
                <DELETED>    ``(i) the Secretary shall conduct a public 
                hearing in each State affected by the proposed buy-out 
                program; and</DELETED>
                <DELETED>    ``(ii) the appropriate Council shall 
                submit its comments and recommendations, if any, 
                regarding the proposed program and 
                regulations.</DELETED>
        <DELETED>    ``(C) Within 45 days after the close of the public 
        comment period, the Secretary, in consultation with the 
        affected Council, shall analyze the public comment received and 
        publish a final buy-out program and regulations for its 
        implementation. The Secretary shall include an explanation of 
        any substantive differences between the proposed and final 
        program and regulations.</DELETED>
<DELETED>    ``(c) Task Force.--The Secretary shall establish a task 
force to assist in the development of a sustainable development 
strategy or a buy-out program under this section. Such task force 
shall, at a minimum, consist of members of the affected communities and 
individuals with expertise in fishery management and conservation, 
economics, and sociology. Members of the task force are authorized to 
receive per diem and travel expenses consistent with section 302 of 
this Act.</DELETED>
<DELETED>    ``(d) Ocean Conservation Trust Fund.--There is established 
in the Treasury an Ocean Conservation Trust Fund. The Fund shall be 
available, without appropriation or fiscal year limitation, only to the 
Secretary for the purpose of carrying out the provisions of this 
section subject to the restrictions of this Act. This fund shall 
consist of all monies deposited into it in accordance with this section 
and section 308(h). 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, or guaranteed by, the United States.</DELETED>

<DELETED>``SEC. 316. FISHERIES DISASTER RELIEF.</DELETED>

<DELETED>    ``(a) Determination of Failure.--At the discretion of the 
Secretary or at the request of the Governor of an affected State or a 
fishery dependent community, the Secretary shall determine whether 
there is a commercial fishery failure due to a fishery resource 
disaster as a result of--</DELETED>
        <DELETED>    ``(1) natural causes;</DELETED>
        <DELETED>    ``(2) man-made causes beyond the control of 
        fishery managers to mitigate through conservation and 
        management measures; or</DELETED>
        <DELETED>    ``(3) undetermined causes.</DELETED>
<DELETED>    ``(b) Economic Assistance.--</DELETED>
        <DELETED>    ``(1) Upon the determination under subsection (a) 
        that there is a commercial fishery failure, the Secretary is 
        authorized to make sums available to be used by the affected 
        State, fishery dependent community, or by the Secretary in 
        cooperation with the affected State or fishery dependent 
        community for--</DELETED>
                <DELETED>    ``(A) assessing the economic and social 
                effects of the commercial fishery failure; 
                and</DELETED>
                <DELETED>    ``(B) any activity that the Secretary 
                determines is appropriate to restore the fishery or 
                prevent a similar failure in the future and to assist a 
                fishery dependent community affected by such 
                failure.</DELETED>
        <DELETED>    ``(2) 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 into other 
        fisheries or other geographic regions.</DELETED>
<DELETED>    ``(c) Federal Cost-sharing.--The Federal share of the cost 
of any activity carried out under the authority of this section shall 
not exceed 75 percent of the cost of that activity.</DELETED>
<DELETED>    ``(d) Authorization of Appropriations.--There are 
authorized to be appropriated to the Secretary such sums as are 
necessary for each of the fiscal years 1995, 1996, 1997, 1998 and 1999, 
provided that such sums are designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.''.</DELETED>
<DELETED>    (b) Section 2(b)(1)(A) of the Act of August 11, 1939 (15 
U.S.C. 713c-3(b)(1)(A)) is amended--</DELETED>
        <DELETED>    (1) by striking ``and'' at the end of clause (ii); 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        clause:</DELETED>
                        <DELETED>    ``(iii) to fund the Federal share 
                        of a buy-out program established under section 
                        315(b) of the Magnuson Fishery Conservation and 
                        Management Act.''.</DELETED>

      <DELETED>TITLE II--FISHERY MONITORING AND RESEARCH</DELETED>

<DELETED>SEC. 201. CHANGE OF TITLE.</DELETED>

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

   <DELETED>``TITLE IV--FISHERY MONITORING AND RESEARCH''.</DELETED>

<DELETED>SEC. 202. REGISTRATION AND DATA MANAGEMENT.</DELETED>

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

<DELETED>``SEC. 401. REGISTRATION AND DATA MANAGEMENT.</DELETED>

<DELETED>    ``(a) Standardized Fishing Vessel Registration and Data 
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 data management system on a regional basis. The 
proposed system shall be developed after consultation with interested 
governmental and nongovernmental parties and shall--</DELETED>
        <DELETED>    ``(1) be designed to standardize the requirements 
        of vessel registration and data 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;</DELETED>
        <DELETED>    ``(2) integrate programs under existing fishery 
        management plans into a nonduplicative data collection and 
        management system;</DELETED>
        <DELETED>    ``(3) avoid duplication of existing state, tribal, 
        or federal systems (other than a federal system under paragraph 
        (1)) and utilize, to the maximum extent practicable, 
        information collected from existing systems;</DELETED>
        <DELETED>    ``(4) provide for implementation through 
        cooperative agreements with appropriate State, regional, or 
        tribal entities and Marine Fisheries Commissions;</DELETED>
        <DELETED>    ``(5) establish standardized units of measurement, 
        nomenclature, and formats for the collection and submission of 
        information;</DELETED>
        <DELETED>    ``(6) minimize the paperwork required for vessels 
        registered under the system;</DELETED>
        <DELETED>    ``(7) include all species of fish within the 
        geographic areas of authority of the Councils and all fishing 
        vessels, except for private recreational fishing vessels used 
        exclusively for pleasure; and</DELETED>
        <DELETED>    ``(8) prescribe procedures necessary to ensure the 
        confidentiality of information collected under this 
        section.</DELETED>
<DELETED>    ``(b) Fishing Vessel Information.--The registration and 
data management system should, at a minimum, obtain the following 
information for each fishing vessel--</DELETED>
        <DELETED>    ``(1) the name and official number or other 
        identification, together with the name and address of the owner 
        or operator or both;</DELETED>
        <DELETED>    ``(2) 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;</DELETED>
        <DELETED>    ``(3) identification of the fisheries in which the 
        fishing vessel participates;</DELETED>
        <DELETED>    ``(4) estimated amounts of fish caught, and 
        processed (if applicable) in each fishery; and</DELETED>
        <DELETED>    ``(5) the geographic area of operations and the 
        season or period during which the fishing vessel 
        operates.</DELETED>
<DELETED>    ``(c) Fishery Information.--The registration and data 
management system should, at a minimum, provide basic fisheries 
performance data for each fishery, including--</DELETED>
        <DELETED>    ``(1) the number of vessels participating in the 
        fishery;</DELETED>
        <DELETED>    ``(2) the time period in which the fishery 
        occurs;</DELETED>
        <DELETED>    ``(3) the approximate geographic location, or 
        official reporting area where the fishery occurs;</DELETED>
        <DELETED>    ``(4) a description of fishery gear used in the 
        fishery, including the amount of such gear and the appropriate 
        unit of fishery effort;</DELETED>
        <DELETED>    ``(5) catch and ex-vessel value of the catch for 
        each stock of fish in the fishery; and</DELETED>
        <DELETED>    ``(6) the amount and types of economic and 
        regulatory discards, and an estimate of any other 
        bycatch.</DELETED>
<DELETED>    ``(d) 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 data collection system that meets the requirements of 
subsections (a) through (c). The proposal shall include--</DELETED>
        <DELETED>    ``(1) a description of the arrangements 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</DELETED>
        <DELETED>    ``(2) proposed regulations and legislation 
        necessary to implement the proposal.</DELETED>
<DELETED>    ``(e) Congressional Transmittal.--Within 60 days after the 
end of the comment period and after consideration of comments received 
under subsection (d), 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 proposal for 
implementation of a national fishing vessel registration system that 
includes--</DELETED>
        <DELETED>    ``(1) any modifications made after comment and 
        consultation;</DELETED>
        <DELETED>    ``(2) a proposed implementation schedule; 
        and</DELETED>
        <DELETED>    ``(3) recommendations for any such additional 
        legislation as the Secretary considers necessary or desirable 
        to implement the proposed system.</DELETED>
<DELETED>    ``(f) 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 private recreational fishing 
vessels used exclusively for pleasure into a national fishing vessel 
registration and data 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.''.</DELETED>

<DELETED>SEC. 203. DATA COLLECTION.</DELETED>

<DELETED>    Section 402 is amended to read as follows:</DELETED>

<DELETED>``SEC. 402. DATA COLLECTION.</DELETED>

<DELETED>    ``(a) Council Requests.--If a Council determines that 
additional information and data (other than information and data 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 a data 
collection program for the fishery which would provide the types of 
information and data (other than information and data that would 
disclose proprietary or confidential commercial or financial 
information regarding fishing operations or fish processing operations) 
specified by the Council. The Secretary shall approve such a data 
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 a data 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.</DELETED>
<DELETED>    ``(b) Confidentiality of Information.--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 if disclosure would significantly impair the commercial 
interests of the person from whom the information was obtained, 
except--</DELETED>
        <DELETED>    ``(1) to Federal employees and Council employees 
        who are responsible for fishery management plan development and 
        monitoring;</DELETED>
        <DELETED>    ``(2) 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;</DELETED>
        <DELETED>    ``(3) when required by court order;</DELETED>
        <DELETED>    ``(4) when such information is used to verify 
        catch under an individual transferable quota system; 
        or</DELETED>
        <DELETED>    ``(5) unless the Secretary has obtained written 
        authorization from the person submitting such information to 
        release such information and such release does not violate 
        other requirements of this subsection.</DELETED>
<DELETED>The Secretary shall, by regulation, prescribe such procedures 
as may be necessary to preserve such confidentiality, 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 regulations promulgated 
under this Act.</DELETED>
<DELETED>    ``(c) Restriction on Use of Certain Data.--</DELETED>
        <DELETED>    ``(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.), or 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.</DELETED>
        <DELETED>    ``(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 Federal fishing 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.''.</DELETED>

<DELETED>SEC. 204. OBSERVERS.</DELETED>

<DELETED>    Title IV of the Act (16 U.S.C. 1882) is amended by adding 
the following new section 403:</DELETED>

<DELETED>``SEC. 403. OBSERVERS.</DELETED>

<DELETED>    ``(a) Guidelines for Carrying Observers.--Within one year 
of the date of enactment of the Sustainable Fisheries Act, the 
Secretary shall promulgate regulations, after notice and public 
comment, for fishing vessels that are required to carry observers. The 
regulations shall include guidelines for determining--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) actions which vessel owners or operators may 
        reasonably be asked to take to render such facilities adequate 
        and safe.</DELETED>
<DELETED>    ``(b) Training.--The Secretary, in cooperation with State 
programs and the National Sea Grant College Program, shall--</DELETED>
        <DELETED>    ``(1) establish programs to ensure that each 
        observer receives adequate training in collecting and analyzing 
        data necessary for the conservation and management purposes of 
        the fishery to which such observer is assigned; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Wages as Maritime Liens.--Claims for observers' 
wages shall be considered maritime liens against the vessel and be 
accorded the same priority as seamen's liens under admiralty and 
general maritime law.''.</DELETED>

<DELETED>SEC. 205. FISHERIES RESEARCH.</DELETED>

<DELETED>    Section 404 is amended to read as follows:</DELETED>

<DELETED>``SEC. 404. FISHERIES RESEARCH.</DELETED>

<DELETED>    ``(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 of the 
fisheries.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(2) indicate the goals and timetables for the 
        program described in paragraph (1); and</DELETED>
        <DELETED>    ``(3) provide a role for commercial fishermen in 
        such research, including involvement in field 
        testing.</DELETED>
<DELETED>    ``(c) Areas of Research.--The areas of research referred 
to in subsection (a) are as follows:</DELETED>
        <DELETED>    ``(1) Research to support fishery conservation and 
        management, including but not limited to, research on the 
        economics of fisheries and 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 matters bearing upon the 
        abundance and availability of fish.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Information management research, including 
        the development of a fishery information base and an 
        information management system that will permit the full use of 
        data in the support of effective fishery conservation and 
        management.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 206. INCIDENTAL HARVEST RESEARCH.</DELETED>

<DELETED>    Section 405 is amended to read as follows:</DELETED>

<DELETED>``SEC. 405. INCIDENTAL HARVEST RESEARCH.</DELETED>

<DELETED>    ``(a) Collection of Data.--Within 9 months after the date 
of enactment of the Sustainable Fisheries Act, the Secretary shall, 
after consultation with the Gulf of Mexico Fishery Management Council 
and South Atlantic Fishery Management Council, conclude the collection 
of data 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 data collected prior to 
June 30, 1994 under such program.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Collection and Assessment of Specific Stock Data.--
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--</DELETED>
        <DELETED>    ``(1) a program to collect and evaluate data 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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) a program of data 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.</DELETED>
<DELETED>    ``(d) Incidental Mortality Reduction Program.--The 
Secretary shall, in cooperation with affected interests, commence a 
program to design and evaluate the efficacy of technological devices 
and other changes in fishing technology for the reduction of incidental 
mortality of nontarget fishery resources in the course of shrimp trawl 
fishing activity which are designed to be inexpensive to operate and 
which cause insignificant loss of shrimp. Such program shall take into 
account local conditions and include evaluation of any reduction in 
incidental mortality, as well as any reduction or increase in the 
retention of shrimp in the course of normal fishing activity.</DELETED>
<DELETED>    ``(e) Report to the Congress.--The Secretary shall, within 
one year of completing the programs required by this subsection, 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.</DELETED>
<DELETED>    ``(f) Implementation Criteria.--Any measure implemented 
under this Act to reduce the incidental mortality of nontarget fishery 
resources in the course of shrimp trawl fishing shall, to the extent 
practicable--</DELETED>
        <DELETED>    ``(1) apply to such fishing throughout the range 
        of the nontarget fishery resource concerned; and</DELETED>
        <DELETED>    ``(2) be implemented first in those areas and at 
        those times where the greatest reduction of such incidental 
        mortality can be achieved.''.</DELETED>

<DELETED>SEC. 207. REPEAL.</DELETED>

        <DELETED>    Section 406 (16 U.S.C. 1882) is 
        repealed.</DELETED>

<DELETED>SEC. 208. CLERICAL AMENDMENTS.</DELETED>

<DELETED>    The table of contents is amended by striking the matter 
relating to title IV and inserting the following:</DELETED>

<DELETED>``Sec. 315. Transition to sustainable fisheries.
<DELETED>``Sec. 316. Fisheries disaster relief.
          <DELETED>``TITLE IV--FISHERY MONITORING AND RESEARCH

<DELETED>``Sec. 401. Registration.
<DELETED>``Sec. 402. Data collection.
<DELETED>``Sec. 403. Observers.
<DELETED>``Sec. 404. Fisheries research.
<DELETED>``Sec. 405. Incidental harvest research.''.

    <DELETED>TITLE III--FISHERIES STOCK RECOVERY FINANCING</DELETED>

<DELETED>SEC. 301. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Fisheries Stock Recovery 
Financing Act''.</DELETED>

<DELETED>SEC. 302. FISHERIES STOCK RECOVERY REFINANCING.</DELETED>

<DELETED>    Title XI of the Merchant Marine Act, 1936 (46 U.S.C. 1271 
et seq.), is amended by adding at the end the following new 
section:</DELETED>
<DELETED>    ``Sec. 1111. (a) Pursuant to the authority granted under 
section 1103(a) of this title, the Secretary shall, under such terms 
and conditions as the Secretary shall prescribe by regulation, 
guarantee and make commitments to guarantee the principal of, and 
interest on, obligations which aid in refinancing, in a manner 
consistent with the reduced cash flows available to obligors because of 
reduced harvesting allocations during implementation of a fishery 
recovery effort, existing obligations relating to fishing vessels or 
fishery facilities. Guarantees under this section shall be subject to 
all other provisions of this title not inconsistent with the provisions 
of this section. The provisions of this section shall, notwithstanding 
any other provisions of this title, apply to guarantees under this 
section.</DELETED>
<DELETED>    ``(b) Obligations eligible to be refinanced under this 
section shall include all obligations which financed or refinanced any 
expenditures associated with the ownership or operation of fishing 
vessels or fishery facilities, including but not limited to 
expenditures for reconstructing, reconditioning, purchasing, equipping, 
maintaining, repairing, supplying, or any other aspect whatsoever of 
operating fishing vessels or fishery facilities, excluding only such 
obligations--</DELETED>
        <DELETED>    ``(1) which were not in existence prior to the 
        time the Secretary approved a fishery recovery effort eligible 
        for guarantees under this section and whose purpose, in whole 
        or in part, involved expenditures which resulted in increased 
        vessel harvesting capacity; and</DELETED>
        <DELETED>    ``(2) as may be owed by an obligor either to any 
        stockholder, partner, guarantor, or other principal of such 
        obligor or to any unrelated party if the purpose of such 
        obligation had been to pay an obligor's preexisting obligation 
        to such stockholder, partner, guarantor, or other principal of 
        such obligor.</DELETED>
<DELETED>    ``(c) The Secretary shall refinance up to 100 percent of 
the principal of, and interest on, such obligations, but, in no event, 
shall the Secretary refinance an amount exceeding 75 percent of the 
unencumbered (after deducting the amount to be refinanced by guaranteed 
obligations under this section) market value, as determined by an 
independent marine surveyor, of the fishing vessel or fishery facility 
to which such obligations relate plus 75 percent of the unencumbered 
(including but not limited to homestead exemptions) market value, as 
determined by an independent marine surveyor, of all other 
supplementary collateral. The Secretary shall do so regardless of--
</DELETED>
        <DELETED>    ``(1) any fishing vessel or fishery facility's 
        actual cost or depreciated actual cost; and</DELETED>
        <DELETED>    ``(2) any limitations elsewhere in this title on 
        the amount of obligations to be guaranteed or such amount's 
        relationship to actual cost or depreciated actual 
        cost.</DELETED>
<DELETED>    ``(d) Obligations guaranteed under this section shall have 
such maturity dates and other provisions as are consistent with the 
intent and purpose of this section (including but not limited to 
provisions for obligors to pay only the interest accruing on the 
principal of such obligations during the period in which fisheries 
stocks are recovering, with the principal and interest accruing thereon 
being fully amortized between the date stock recovery is projected to 
be completed and the maturity date of such obligations).</DELETED>
<DELETED>    ``(e) No provision of section 1104A(d) of this title shall 
apply to obligations guaranteed under this section.</DELETED>
<DELETED>    ``(f) The Secretary shall neither make commitments to 
guarantee nor guarantee obligations under this section unless--
</DELETED>
        <DELETED>    ``(1) the Secretary has first approved the fishery 
        recovery effort, for the fishery in which vessels eligible for 
        the guarantee of obligations under this section are 
        participants; and</DELETED>
        <DELETED>    ``(2) the Secretary has considered such factors 
        as--</DELETED>
                <DELETED>    ``(A) the projected degree and duration of 
                reduced fisheries allocations;</DELETED>
                <DELETED>    ``(B) the projected reduction in fishing 
                vessel and fishery facility cash flows;</DELETED>
                <DELETED>    ``(C) the projected severity of the impact 
                on fishing vessels and fishery facilities;</DELETED>
                <DELETED>    ``(D) the projected effect of the fishery 
                recovery effort;</DELETED>
                <DELETED>    ``(E) the provisions of any related 
                fishery management plan under the Magnuson Fishery 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.); and</DELETED>
                <DELETED>    ``(F) the need for and advisability of 
                guarantees under this section;</DELETED>
        <DELETED>    ``(3) the Secretary finds that the obligation to 
        be guaranteed will, considering the projected effect of the 
        fishery recovery effort involved and all other aspects of the 
        obligor, project, property, collateral, and any other aspects 
        whatsoever of the obligation involved, constitute, in the 
        Secretary's opinion, a reasonable prospect of full repayment; 
        and</DELETED>
        <DELETED>    ``(4) the obligors agree to provide such security 
        and meet such other terms and conditions as the Secretary may, 
        pursuant to regulations prescribed under this section, require 
        to protect the interest of the United States and carry out the 
        purpose of this section.</DELETED>
<DELETED>    ``(g) All obligations guaranteed under this section shall 
be accounted for separately, in a subaccount of the Federal Ship 
Financing Fund to be known as the Fishery Recovery Refinancing Account, 
from all other obligations guaranteed under the other provisions of 
this title and the assets and liabilities of the Federal Ship Financing 
Fund and the Fishery Recovery Refinancing Account shall be segregated 
accordingly.</DELETED>
<DELETED>    ``(h) For the purposes of this section, the term `fishery 
recovery effort' means a fishery management plan, amendment, or 
regulations required under section 305(b) of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1854(b)) to rebuild a 
fishery which the Secretary has determined to be a commercial fishery 
failure under section 316 of such Act.''.</DELETED>

<DELETED>SEC. 303. FEDERAL FINANCING BANK RELATING TO FISHING VESSELS 
              AND FISHERY FACILITIES.</DELETED>

<DELETED>    Section 1104A(b)(2) of the Merchant Marine Act, 1936 (46 
U.S.C. 1274(b)(2)), is amended by striking ``Provided, further, That in 
the case of a fishing vessel or fishery facility, the obligation shall 
be in an aggregate principal amount equal to 80 percent of the actual 
cost or depreciated actual cost of the fishing vessel or fishery 
facility, except that no debt may be placed under this proviso through 
the Federal Financing Bank:'' and inserting the following: ``Provided, 
further, That in the case of a fishing vessel or fishery facility, the 
obligation shall be in an aggregate principal amount not to exceed 80 
percent of the actual cost or depreciated actual cost of the fishing 
vessel or fishery facility, and obligations related to fishing vessels 
and fishery facilities under this title shall be placed through the 
Federal Financing Bank unless placement through the Federal Financing 
Bank is not reasonably available or placement elsewhere is available at 
a lower annual effective yield than placement through the Federal 
Financing Bank:''.</DELETED>

<DELETED>SEC. 304. FEES FOR GUARANTEEING OBLIGATIONS.</DELETED>

<DELETED>    Section 1104A(e) of the Merchant Marine Act, 1936 (46 
U.S.C. 1274(e)), is amended to read as follows:</DELETED>
<DELETED>    ``(e)(1) The Secretary is authorized to fix a fee for the 
guarantee of obligations under this title. Obligors shall pay all such 
fees to the Secretary when moneys are first advanced under guaranteed 
obligations and at least 60 days prior to each anniversary date 
thereafter. All such fees shall be computed and shall be payable to the 
Secretary under such regulations as the Secretary may 
prescribe.</DELETED>
<DELETED>    ``(2) For fishing vessels and fishery facilities, such fee 
shall--</DELETED>
        <DELETED>    ``(A) if the obligation will not be purchased by 
        the Federal Financing Bank, be in an amount equal to 1 percent 
        per year of the average principal amount of the obligation 
        outstanding (unless such obligation is issued under section 
        1111 of this title, in which case such fee shall be 1 and one-
        half percent per year of such average principal amount; 
        and</DELETED>
        <DELETED>    ``(B) if the obligation will be purchased by the 
        Federal Financing Bank, be in an amount equal to 2 percent per 
        year of the average principal amount of the obligation 
        outstanding (unless such obligation is issued under section 
        1111 of this title, in which case such fee shall be 2 and one-
        half percent per year of such average principal amount), less 
        any fee the Federal Financing Bank customarily charges for its 
        services with respect to federally guaranteed obligations 
        purchased by it and less the amount, if any, by which the 
        interest rate on such obligation (which shall be fixed at the 
        time the Federal Financing Bank commits to purchase such 
        obligation) exceeds the current new issue rate on outstanding 
        marketable obligations of the United States of comparable 
        maturity.</DELETED>
<DELETED>    ``(3) For everything other than fishing vessels and 
fishery facilities, such fee shall--</DELETED>
        <DELETED>    ``(A) if the security for the guarantee of an 
        obligation under this title relates to a delivered vessel, not 
        be less than one-half of 1 percent per year nor more than 1 
        percent per year of the average principal amount of such 
        obligation outstanding, excluding the average amount (except 
        interest) on deposit in an escrow fund created under section 
        1108 of this title; and</DELETED>
        <DELETED>    ``(B) if the security for the guarantee of an 
        obligation under this title relates to a vessel to be 
        constructed, reconstructed, or reconditioned, not be less than 
        one-quarter of 1 percent per year nor more than one-half of 1 
        percent per year of the average principal amount of such 
        obligation outstanding, excluding the average amount (except 
        interest) on deposit in an escrow fund created under section 
        1108 of this title. For the purposes of this subsection, if the 
        security for the guarantee of an obligation under this title 
        relates both to a delivered vessel or vessels and to a vessel 
        or vessels to be constructed, reconstructed, or reconditioned, 
        the principal amount of such obligation shall be prorated in 
        accordance with regulations prescribed by the Secretary. The 
        regulations to be prescribed by the Secretary under this 
        subsection shall provide a formula for determining the 
        creditworthiness of obligors under which the most creditworthy 
        obligors pay a fee computed on the lowest allowable percentage 
        and the least creditworthy obligors pay a fee which may be 
        computed on the highest allowable percentage (the range of 
        creditworthiness to be based on obligors which have actually 
        issued guaranteed obligations).''.</DELETED>

<DELETED>SEC. 305. SALE OF ACQUIRED COLLATERAL.</DELETED>

<DELETED>    Section 1104A(a)(3) of the Merchant Marine Act, 1936 (46 
U.S.C. 1274(a)(3)), is amended by inserting after ``financing'' the 
following: ``(without requiring subsidy cost ceiling or other 
authorization under the Federal Credit Reform Act of 1990)''.</DELETED>

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.
                              TITLE I--CONSERVATION AND MANAGEMENT
Sec. 101. Amendment of the Magnuson Fishery Conservation and Management 
                            Act.
Sec. 102. Findings; purposes; policy.
Sec. 103. Definitions.
Sec. 104. Authorization of appropriations.
Sec. 105. Highly migratory species.
Sec. 106. Foreign fishing and international fishery agreements.
Sec. 107. National standards.
Sec. 108. Regional Fishery Management Councils.
Sec. 109. Fishery management plans.
Sec. 110. Action by the Secretary.
Sec. 111. Other requirements and authority.
Sec. 112. Pacific community fisheries.
Sec. 113. State jurisdiction.
Sec. 114. Prohibited acts.
Sec. 115. Civil penalties and permit sanctions; rebuttable presumptions
Sec. 116. Enforcement.
Sec. 117. North Pacific and Northwest Atlantic Ocean Fisheries.
Sec. 118. Transition to sustainable fisheries.
                              TITLE II--FISHERY MONITORING AND RESEARCH
Sec. 201. Change of title.
Sec. 202. Registration and data management.
Sec. 203. Data 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. Clerical amendments.
                              TITLE III--FISHERIES FINANCING
Sec. 301. Short title.
Sec. 302. Fisheries financing and capacity reduction.
Sec. 303. Fisheries loan guarantee reform.
                              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 Cooperative Management Act amendments.
Sec. 405. Technical amendments to Maritime Boundary Agreement.

                  TITLE I--CONSERVATION AND MANAGEMENT

SEC. 101. 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.).

SEC. 102. 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 ``and'' after the semicolon at the end of 
        subsection (b)(5);
            (5) by striking ``development.'' in subsection (b)(6) and 
        inserting ``development in a non-wasteful manner; and'';
            (6) 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.'';
            (7) by inserting ``minimize bycatch and'' after ``practical 
        measures that'' in subsection (c)(3);
            (8) striking ``and'' at the end of paragraph (c)(5);
            (9) striking the period at the end of paragraph (c)(6) and 
        inserting ``; and''; and
            (10) adding at the end 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. 103. DEFINITIONS.

    Section 3 (16 U.S.C. 1802) is amended--
            (1) by redesignating paragraphs (2) through (32) as 
        paragraphs (4) through (34), respectively, and inserting after 
        paragraph (1) the following:
            ``(2) The term `bycatch' means fish which are harvested by 
        a fishing vessel, but which are not sold or kept for personal 
        use, and includes economic discards and regulatory discards but 
        does not include fish caught and released alive that are the 
        target species of recreational fishing under catch and release 
        programs.
            ``(3) The term `commercial fishing' means fishing in which 
        the fish harvested, either in whole or in part, enter commerce 
        through sale, barter or trade.'';
            (2) in paragraph (6) (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 (8) through (34) (as 
        redesignated) as paragraphs (10) through (36), respectively, 
        and inserting after paragraph (7) (as redesignated) the 
        following:
            ``(8) The term `economic discards' means fish which are the 
        target of a fishery, but which are not retained by a fishing 
        vessel because they are of an undesirable size, sex, or 
        quality, or for other economic reasons.''
            ``(9) 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 (15) through (36) (as 
        redesignated) as paragraphs (16) through (37), respectively, 
        and inserting after paragraph (14) (as redesignated) the 
        following:
            ``(15) The term `fishing community' means a community which 
        is substantially dependent on the harvest 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 (20) through (37) (as 
        redesignated) as paragraphs (21) through (38), respectively, 
        and inserting after paragraph (19) (as redesignated) the 
        following:
            ``(20) The term `individual fishing quota' means a 
        revocable Federal permit under a limited access system to 
        harvest a quantity of fish that is 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.'';
            (6) by striking ``of one and one-half miles'' in paragraph 
        (22) (as redesignated) and inserting ``of two and one-half 
        kilometers'';
            (7) by striking paragraph (27), as redesignated, and 
        inserting the following:
            ``(27) 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 (28) through (38) (as 
        redesignated) as paragraphs (30) through (40), respectively, 
        and inserting after paragraph (27) (as redesignated) the 
        following:
            ``(28) 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.'';
            ``(29) 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 (31) through (40) (as 
        redesignated) as paragraphs (33) through (42), respectively, 
        and inserting after paragraph (30) (as redesignated) the 
        following:
            ``(31) The term `recreational fishing' means fishing for 
        sport or pleasure.
            ``(32) The term `regulatory discards' means fish caught in 
        a fishery which fishermen are required by regulation to discard 
        whenever caught, or are required by regulation to retain but 
        not sell.'';
            (10) by redesignating paragraphs (34) through (42) (as 
        redesignated) as paragraphs (35) through (43), respectively, 
        and inserting after paragraph (33) (as redesignated) the 
        following:
            ``(34) 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(h) has been implemented'' in 
        paragraph (42) (as redesignated) and inserting ``regulated 
        under this Act'';
            (12) by redesignating paragraph (43), as redesignated, as 
        paragraph (44), and inserting after paragraph (42) the 
        following:
            ``(43) 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)).''; and
            (13) by redesignating paragraph (33) as paragraph (45).

SEC. 104. 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 (of which not less than 10 percent in each fiscal year 
shall be used for enforcement activities):
            ``(1) $147,000,000 for fiscal year 1996;
            ``(2) $151,000,000 for fiscal year 1997;
            ``(3) $155,000,000 for fiscal year 1998;
            ``(4) $159,000,000 for fiscal year 1999; and
            ``(5) $163,000,000 for fiscal year 2000.''.

SEC. 105. 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. 106. FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS.

    (a) Authority to Operate Under Transshipment Permits.--Section 
201(a)(1) (16 U.S.C. 1821(a)(1)) is amended to read as follows:
            ``(1) is authorized under subsections (b) or (c) or section 
        204(e), under a permit issued under section 204(d);''.
    (b) International Fishery Agreements.--Section 202 (16 U.S.C. 1822) 
is amended--
            (1) by adding 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) approved by Congress in the manner established in 
        section 203 for approval of a governing international fishery 
        agreement.
    ``(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 and section 
205(a)(5).''.
    (c) Period for Congressional Review of Governing International 
Fishery Agreements.--Section 203 (16 U.S.C. 1823) is amended--
            (1) in subsection (a) by striking ``60 calendar days of 
        continuous session of the Congress'' and inserting ``120 days 
        (excluding any days in a period for which the Congress is 
        adjourned sine die)'';
            (2) by striking subsection (c); and
            (3) by redesignating subsection (d) as subsection (c).
    (d) Transshipment Permits and Pacific Insular Area Fishing.--
Section 204 (16 U.S.C. 1824) is amended by adding at the end the 
following:
    ``(d) Transshipment Permits.--
            ``(1) Authority to issue permits.--The Secretary may issue 
        a transshipment permit under this subsection which authorizes a 
        vessel other than a vessel of the United States to engage in 
        fishing consisting solely of transporting fish products at sea 
        from a point within the boundaries of any State or the 
        exclusive economic zone to a point outside the United States to 
        any person who--
                    ``(A) submits an application which is approved by 
                the Secretary under paragraph (3); and
                    ``(B) pays a fee imposed under paragraph (7).
            ``(2) Transmittal.--Upon receipt of an application for a 
        permit under this subsection, the Secretary shall promptly 
        transmit copies of the application to the Secretary of the 
        department in which the Coast Guard is operating, any 
        appropriate Council, and any interested State.
            ``(3) Approval of application.--The Secretary may approve, 
        with the concurrence of the appropriate Council, an application 
        for a permit under this section if the Secretary determines 
        that--
                    ``(A) the transportation of fish products to be 
                conducted under the permit, as described in the 
                application, will be in the interest of the United 
                States and will meet the applicable requirements of 
                this Act;
                    ``(B) the applicant will comply with the 
                requirements described in section 201(c)(2) with 
                respect to activities authorized by any permit issued 
                pursuant to the application;
                    ``(C) the applicant has established any bonds or 
                financial assurances that may be required by the 
                Secretary; and
                    ``(D) no owner or operator of a vessel of the 
                United States which has adequate capacity to perform 
                the transportation for which the application is 
                submitted has indicated to the Secretary an interest in 
                performing the transportation at fair and reasonable 
                rates.
            ``(4) Whole or partial approval.--The Secretary may approve 
        all or any portion of an application under paragraph (3).
            ``(5) Failure to approve application.--If the Secretary 
        does not approve any portion of an application submitted under 
        paragraph (1), the Secretary shall promptly inform the 
        applicant and specify the reasons therefore.
            ``(6) Conditions and restrictions.--The Secretary shall 
        establish and include in each permit under this subsection 
        conditions and restrictions which shall be complied with by the 
        owner and operator of the vessel for which the permit is 
        issued. The conditions and restrictions shall include the 
        requirements, regulations, and restrictions set forth in 
        subsection (b)(7).
            ``(7) Fees.--The Secretary shall collect a fee for each 
        permit issued under this subsection, in an amount adequate to 
        recover the costs incurred by the United States in issuing the 
        permit.
    ``(e) Pacific Insular Areas.--
            ``(1) At the request of and with the concurrence of the 
        Governor of the applicable Pacific Insular Area, the Secretary 
        of State in concurrence with the Secretary of Commerce, and the 
        Western Pacific Council, may negotiate and enter into a Pacific 
        Insular Area Fishery Agreement (hereinafter in this subsection 
        referred to as a `Pacific Fishery Agreement') to authorize 
        foreign fishing within the exclusive economic zone adjacent to 
        such Pacific Insular Area.
            ``(2) In the case of a Pacific Insular Area other than 
        American Samoa, Guam, or the Northern Mariana Islands, the 
        Secretary of State, with the concurrence of the Secretary of 
        Commerce and the Western Pacific Council, may negotiate and 
        enter into a Pacific Fishery Agreement to authorize foreign 
        fishing within the exclusive economic zone adjacent to such an 
        area.
            ``(3) In the case of American Samoa, Guam, or the Northern 
        Mariana Islands, the Secretary of State shall not negotiate a 
        Pacific Fishery Agreement to authorize foreign fishing within 
        the exclusive economic zone adjacent to such a Pacific Insular 
        Area without consultation with and the concurrence of the 
        Governor of the applicable Pacific Insular Area.
            ``(4) A Pacific Fishery Agreement 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.
            ``(5) A Pacific Fishery Agreement shall not be entered into 
        if it is determined by the Governor of the appropriate Pacific 
        Insular Area, the Secretary, or the Western Pacific Council 
        that such an agreement will adversely affect the fishing 
        activities of the indigenous peoples of such Pacific Insular 
        Area.
            ``(6) Foreign fishing authorized under a Pacific Fishery 
        Agreement shall conform to the terms of such agreement 
        establishing the conditions under which a permit is issued and 
        held valid. These terms, at a minimum, shall require that a 
        Pacific Fishery Agreement include provisions for a Western 
        Pacific based observer program, annual determination of the 
        quantity of fish that may be harvested, annual determination of 
        fees, data collection and reporting systems, research plans, 
        and monitoring and enforcement tools such as the Vessel 
        Monitoring System (VMS) to ensure effective compliance with the 
        provisions of the Pacific Fishery Agreement and any other terms 
        and conditions deemed appropriate by the Secretary of State, in 
        consultation with the Secretary, the Governor of the 
        appropriate Pacific Insular Area, and the Western Pacific 
        Council.
            ``(7) The Secretary of State may not negotiate a Pacific 
        Fishery Agreement with a country that is in violation of a 
        governing international fishery agreement in effect under this 
        Act.
            ``(8) A Pacific Fishery Agreement shall be valid for a 
        period not to exceed three years and shall become effective 
        according to the procedure of section 203 of this Act.
            ``(9) Foreign Fishing under a Pacific Fishery Agreement 
        shall not be subject to sections 201(d) through (f) and section 
        201(i) of this Act.
            ``(10) Prior to entering into a Pacific Fishery Agreement, 
        the Western Pacific Council or the appropriate Governor shall 
        develop a three-year plan detailing uses for funds to be 
        collected by the Secretary pursuant to such agreement. Such 
        plan shall include conservation goals and guidelines and 
        prioritize planned conservation and management projects. In the 
        case of American Samoa, Guam, and the Northern Mariana Islands, 
        the appropriate Governor shall develop such a plan in 
        consultation with the Western Pacific Council. In the case of 
        other Pacific Insular Areas, the Western Pacific Council shall 
        develop such a plan in consultation with the Secretary. If a 
        Governor or the Western Pacific Council intends to renew a 
        Pacific Fishery Agreement, a subsequent three-year plan shall 
        be developed at the end of the second year of the existing 
        three-year plan.
            ``(11) Fees established pursuant to a Pacific Fishery 
        Agreement shall be paid to the Secretary by the owner or 
        operator of any foreign fishing vessel for which a permit has 
        been issued pursuant to this section. The prescription of such 
        fees is not subject to 31 U.S.C. 9701. The amount of fees may 
        exceed administrative costs and shall be reasonable, fair, and 
        equitable to all participants in the fisheries.
            ``(12) Amounts collected by the Secretary from a Pacific 
        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. After the 
        transfer of such funds, the Governor of each appropriate 
        Pacific Insular Area shall compensate:
                    ``(A) the Western Pacific Council for mutually 
                agreed upon administrative costs incurred relating to 
                any Pacific Fishery Agreement of the respective Pacific 
                Insular Area; and
                    ``(B) the Secretary of State for mutually agreed 
                upon travel expenses for no more than two federal 
                representatives incurred as a direct result of 
                complying with section 204(e)(1).
            ``(13) There is established in the United States Treasury a 
        Western Pacific Sustainable Fisheries Fund into which amounts 
        collected by the Secretary from a Pacific Fisheries Agreement 
        in any Pacific Insular Area other than American Samoa, Guam, or 
the Northern Mariana Islands shall be deposited. The Fund shall be made 
available, without appropriation or fiscal year limitation, by the 
Secretary to the Western Pacific Council, for the purpose of carrying 
out the provisions of this section.
            ``(14) Amounts used from this Fund to carry out the 
        provisions of this section shall not diminish other funding 
        received by the Western Pacific Council for the purpose of 
        carrying out activities within the Western Pacific Council's 
        mandate other than Pacific Fisheries Agreements.
            ``(15) Amounts generated by Pacific Fishery Agreements in 
        American Samoa, Guam, or the Northern Mariana Islands shall be 
        used for purposes, as described in a three year conservation 
        and management plan developed under paragraph (10), that have 
        been determined by the Governors of the respective Pacific 
        Insular Areas in consultation with the Western Pacific Council 
        to contribute to fishery conservation and management in the 
        respective Pacific Insular Area.
            ``(16) The Western Pacific Sustainable Fisheries Fund, 
        shall be made available by the Secretary to the Western Pacific 
        Council for purposes, as described in the three year 
        conservation and management plan, that have been determined by 
        the Western Pacific Council in consultation with the Secretary 
        to contribute to fishery conservation and management in the 
        Western Pacific Region. Travel costs of no more than two 
        federal representatives, incurred by the Secretary of State as 
        a direct result of complying with paragraph (2) shall be 
        reimbursed from the Western Pacific Sustainable Fisheries Fund.
            ``(17) `Fishery conservation and management' as used in 
        paragraphs (15) and (16) includes but is not limited to:
                    ``(A) An approved Western Pacific based observer 
                program to be operated by the Secretary, subject to the 
                approval of the Western Pacific Council, and in 
                consultation with the Governor of the relevant Pacific 
                Insular Area;
                    ``(B) Marine and fisheries research, including but 
                not limited to: data collection, analysis, evaluation, 
                and reporting;
                    ``(C) Conservation, education, and enforcement, 
                including but not limited to: living marine resource, 
                habitat monitoring and coastal studies;
                    ``(D) Grants to the University of Hawaii for 
                technical assistance projects in the United States 
                Pacific Insular Areas and the Freely Associated States 
                including but not limited to: Education and training in 
                the development and implementation of sustainable 
                marine resources development projects, scientific 
                research, data collection and analysis, and 
                conservation strategies;
                    ``(E) Western Pacific Community-Based Demonstration 
                Projects to foster and promote the management, 
                conservation, and economic enhancement of the 
                indigenous, traditional fishery practices of Western 
                Pacific Communities.
            ``(18) Monies collected by the Secretary from a Pacific 
        Fishery Agreement for a Pacific Insular Area may be allocated 
        for other marine and coastal related uses by the government of 
        each Pacific Insular Area or in the case of Pacific Insular 
        Areas other than American Samoa, Guam, and the Northern Mariana 
        Islands by the Western Pacific Council only after the costs of 
        uses specified in paragraphs (6) and (17)(A) through (17)(E) 
        under this title and the administrative costs of Pacific 
        Fisheries Agreements have been met. The determination of when 
        conservation and management and administrative costs have been 
        met shall be made, in the case of American Samoa, Guam, and the 
Northern Mariana Islands by the Governor of the respective Pacific 
Insular Area with the concurrence of the Western Pacific Council, and 
in the case of any Pacific Insular Area other than American Samoa, 
Guam, or the Northern Mariana Islands by the Western Pacific Council.
            ``(19) The Western Pacific Sustainable Fisheries Fund of 
        the United States Treasury, shall be made available by the 
        Secretary for the purpose of fisheries conservation and 
        management in the State of Hawaii and the Western Pacific 
        Region only after fisheries conservation and management needs 
        in such Pacific Insular Area other than American Samoa, Guam, 
        or the Northern Mariana Islands have been met as determined by 
        the Western Pacific Council in accordance with its operational 
        standards, policies, procedures, and program milestones.
            ``(20) In the case of 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, will be covered over to the Treasury of the Pacific 
        Island Area adjacent to the exclusive economic zone in which 
        the violation occurred, after payment of direct costs of the 
        enforcement action to other entities involved in such 
        enforcement action. The Governor of the respective Pacific 
        Insular Area may use such monies available under this paragraph 
        for purposes other than fisheries conservation and management. 
        In the case of violations occurring in the exclusive economic 
        zone adjacent to a Pacific Insular Area other than American 
        Samoa, Guam, and 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, will be covered over to the Western Pacific 
        Sustainable Fisheries Fund of the United States Treasury to be 
        used for conservation and management as described in paragraphs 
        (6) and (17)(A) through (17)(E) or other related marine and 
        coastal projects.''.
    (e) Import Prohibitions.--Section 205(a) (16 U.S.C. 1825(a)) is 
amended--
            (1) by striking ``or'' at the end of paragraph (3);
            (2) by inserting ``or'' after the semicolon at the end of 
        paragraph (4); and
            (3) by adding at the end the following:
            ``(5) he has been unable, within a reasonable period of 
        time, to conclude with any foreign nation an international 
        agreement to establish standards and measures for bycatch 
        reduction under section 202(g),''.
    (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),''.

SEC. 107. 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 take into 
        account the importance of the harvest of fishery resources to 
        minimize, to the extent practicable, adverse economic impacts 
        on, and provide for the sustained participation of, fishing 
        communities; except that no such measure shall have economic 
        allocation as its sole purpose.
            ``(9) Conservation and management measures shall, to the 
        extent practicable, minimize bycatch and the mortality of 
        bycatch which cannot be avoided.
            ``(10) Conservation and management measures shall promote 
        the safety of human life at sea.''.

SEC. 108. 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''; and
            (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)'' in front of ``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 paragraph (1)(C) 
        and inserting ``paragraphs (2) and (5) of this subsection'';
            (2) by inserting ``full'' before ``consecutive'' in the 
        second sentence of paragraph (3); and
            (3) by striking paragraph (5) and inserting after paragraph 
        (4) the following:
            ``(5)(A) The Secretary shall appoint to the Pacific Fishery 
        Management 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 
        representative shall serve for a term of 3 years and may not 
        serve more than 3 full consecutive terms. The Secretary, in 
        consultation with the Secretary of the Interior and tribal 
        governments, shall establish by regulation the procedure for 
        submitting lists 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 treaty 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 subsection (b)(2) 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 rollcall vote on any matter before the 
        Council. The official minutes and other appropriate records of 
        any Council meeting shall identify all rollcall votes held, the 
        name of each voting member present during each rollcall vote, 
        and how each member voted on each rollcall 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 under section 304(g). 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 ``section 304(f)(3)'' in paragraphs (1) and 
        (5) and inserting ``subsection (a)(3)''; and
            (2) by striking ``section 204(b)(4)(C),'' in paragraph (2) 
        and inserting ``section 204(b)(4)(C) or section 204(d),''.
    (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) in paragraph (2)(C)--
                    (A) by striking ``Council's'';
                    (B) by adding the following at the end: ``The 
                published agenda of the meeting may not be modified 
                without public notice or within 14 days prior to the 
                meeting date.'';
            (4) by adding the following at the end of paragraph (2)(D): 
        ``All written data 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.'';
            (5) by striking paragraph (2)(E) and inserting:
                    ``(E) Detailed minutes of each meeting of the 
                Council shall be kept and shall contain a record of the 
                persons present, a complete and accurate description of 
                matters discussed and conclusions reached, and copies 
                of all statements filed. The Chairman shall certify the 
                accuracy of the minutes of each meeting and submit a 
                copy thereof to the Secretary. The minutes shall be 
                made available to any court of competent 
                jurisdiction.''; and
            (6) in paragraph (2)(F)--
                    (A) by striking ``by the Council'' the first place 
                it appears;
                    (B) by inserting ``or the Secretary, as 
                appropriate'' after ``of the Council''; and
                    (C) by striking ``303(d)'' each place it appears 
                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 under subsection (b)(2); and
                    ``(B) the term `designated official' means a person 
                with expertise in Federal conflict-of-interest 
                requirements who is designated by the Secretary, with 
                the concurrence of a majority of the voting members of 
                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 (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 disproportionate benefit, shared 
        only by a minority of persons within the same fishery and gear 
        type, to the financial interest. 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 shall 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 this 
        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. 109. FISHERY MANAGEMENT PLANS.

    (a) Required Provisions.--Section 303(a) (16 U.S.C. 1853(a)) is 
amended--
            (1) 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 where practicable adverse 
        effects on such habitat caused by fishing, and identify other 
        actions which should be considered to encourage the 
        conservation and enhancement of such habitat.''
            (2) by striking ``and'' at the end of paragraph (8);
            (3) by inserting ``and fishing communities'' after 
        ``fisheries'' in paragraph (9)(A);
            (4) by striking the period at the end of paragraph (9) and 
        inserting a semicolon; and
            (5) 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 Secretary has 
        determined is overfished, or is approaching an overfished 
        condition, contain conservation and management measures to 
        rebuild the fishery;
            ``(11) assess the amount and type of bycatch occurring in 
        the fishery, and, to the extent practicable and in the 
following priority, include conservation and management measures to--
                    ``(A) minimize bycatch; and
                    ``(B) minimize the mortality of bycatch which 
                cannot be avoided;
            ``(12) assess the amount and type of fish caught during 
        recreational fishing, and to the extent practicable, include 
        conservation and management measures to minimize the mortality 
        of fish caught and released that are the target species of 
        recreational fishing, under catch and release programs;
            ``(13) take into account the safety of human life at 
        sea.''.
    (b) Implementation.--Not later than 18 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 Act.
    (c) Discretionary Provisions.--Section 303(b) (16 U.S.C. 1853(b)) 
is amended--
            (1) in paragraph (6)--
                    (A) by striking ``system for limiting access to'' 
                and inserting ``limited access system for''; and
                    (B) by striking ``fishery'' in subparagraph (E) and 
                inserting ``fishery and fishing community'';
            (2) by inserting ``one or more'' in paragraph (8) after 
        ``require'';
            (3) by striking ``and'' at the end of paragraph (9);
            (4) by redesignating paragraph (10) as paragraph (11); and
            (5) by inserting after paragraph (9) the following:
            ``(10) include, consistent with the other provisions of 
        this Act, conservation and management measures that provide a 
        harvest preference or other incentives for participants within 
        each gear group to employ fishing practices that result in 
        lower levels of bycatch; 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 implementing a 
fishery management plan or plan amendment may be submitted to the 
Secretary for action under section 304--
            ``(1) simultaneously with submission of the plan or 
        amendment to the Secretary for action under section 304; or
            ``(2) at any time after the plan or amendment is 
        approved.''.
    (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 recommend and the Secretary may 
        not approve or implement any fishery management plan, plan 
        amendment or regulation under this Act which creates a new 
        individual fishing quota program during the fiscal years for 
        which funds are authorized under section 4.
            ``(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 resubmitted by the Secretary 
        to the appropriate Council and shall not be recommended, 
        approved or implemented during the moratorium set forth in 
        paragraph (1).
            ``(2)(A) No provision of law shall be construed to limit 
        the authority of a Council to recommend 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 
        system.
            ``(B) This subsection shall not be construed to prohibit a 
        Council from recommending and the Secretary from approving 
        amendments to a fishery management plan, plan amendment, or 
        regulation which implement an individual fishing quota program, 
        if such program was approved prior to January 4, 1995.
            ``(3) Individual fishing quotas shall be considered permits 
        for the purposes of sections 307, 308 and 309.
            ``(4)(A) A Council may recommend, and the Secretary may 
        approve and administer, a program which allows up to 25 percent 
        of any fees collected 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 guarantee or make a 
        commitment to guarantee, payment of principal of and interest 
        on an obligation which aids in financing the--
                    ``(i) purchase of individual fishing quotas by 
                fishermen who fish from small vessels; and
                    ``(ii) first-time purchase of individual fishing 
                quotas by entry level fishermen.
            ``(B) A Council making a recommendation 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.''.
    (f) Individual Fishing Quota Report.--(1) Not later than June 1, 
1999, the Secretary, in consultation with the Councils and National 
Academy of Sciences, shall submit to the Congress a comprehensive 
report on individual fishing quotas, which shall propose amendments to 
the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.) to implement a national policy with respect to individual fishing 
quotas. The report shall address all aspects of such quotas, including 
an assessment of the impacts and advisability of--
            (A) limiting or prohibiting the transferability of such 
        quotas;
            (B) mechanisms to prevent foreign control 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) from 
        holding individual fishing quotas;
            (C) limiting the duration of individual fishing quota 
        programs;
            (D) providing revocable Federal permits to process a 
        quantity of fish that correspond to 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 
        advisability of allowing capital construction funds to be used 
        to purchase individual fishing quotas;
            (F) mechanisms to provide for effective monitoring and 
        enforcement, including incentives to reduce economic discards 
        and allow for the inspection of fish harvested;
            (G) establishing threshold criteria for determining whether 
        a fishery may be considered for individual fishing quota 
        management, including criteria related to geographical range, 
        population dynamics and condition of a fish stock, 
        characteristics of a fishery, and participation by commercial 
        and recreational fishermen 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 a 
        vessel, and to facilitate new entry under individual fishing 
        quota programs;
            (I) allowing individual fishing quotas to be sold by the 
        Federal government through auctions; and
            (J) such other matters as the Secretary 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 transferability, the impacts 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, and on the size and 
composition of fishing vessel fleets. The report shall also include any 
information about individual fishing quota programs in other countries 
that may be useful.
    (3) The report shall identify alternative conservation and 
management measures, including other limited access systems, that could 
accomplish the same objectives as individual fishing quota programs, as 
well as characteristics that are unique to individual fishing quotas.
    (4) The Secretary shall, in consultation with 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 Pacific Coast States; and (B) 
Atlantic Coast and Gulf of Mexico States. The Secretary shall, to the 
maximum extent practicable, attempt to achieve a balanced 
representation of viewpoints among the individuals on each review 
group. The review groups shall not be subject to the Federal Advisory 
Committee Act (5 App. U.S.C.).
    (5) The Secretary shall conduct public hearings in each Council 
region to obtain comments on individual fishing quotas in preparing the 
report, and shall publish in the Federal Register a notice and 
opportunity for public comment on the draft of the report, or any 
revision thereof. The dissenting views of any Council or affected State 
shall be included in the final report.
    (6) In the event that the authorization of appropriations under 
section 4 of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) expires prior to enactment of amendments to such 
Act implementing a national policy with respect to individual fishing 
quotas, a Council may recommend and the Secretary may approve new 
individual fishing quota programs only with the approval of a two-
thirds majority of voting members of the Council. In such event, the 
Councils and Secretary shall take into account changes that may be 
required upon enactment of such amendments.
    (g) North Pacific Loan Program.--(1) By not later than January 1, 
1997, the North Pacific Fishery Management Council shall recommend to 
the Secretary 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 (16 U.S.C. 1853(d)(4)) 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 
50 CFR 676.20(a)(2) (iii) and (iv), 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 vessel in the harvest of fish caught under 
such quotas, who have at least 150 days' 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.
    (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 a vessel 
in the harvest of fish caught under such quotas.
    (h) Nothing in the Sustainable Fisheries Act shall be construed to 
require a reallocation of individual fishing quotas under any 
individual fishing quota program.

SEC. 110. 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 
                plan 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 plan amendment is 
                available and that written data, 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 data, 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 plan 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.
            ``(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 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, 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, with such 
                technical changes as may be necessary for clarity and 
                an explanation of those changes, in the Federal 
                Register 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, 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 ``fishery,'' in paragraph (1) and inserting 
        ``fishery (other than a fishery to which section 302(a)(3) 
        applies),''
            (2) by striking all that follows ``as the case may be.'' in 
        paragraph (1);
            (3) by striking paragraph (2) and inserting :
            ``(2) In preparing any plan or amendment under this 
        subsection, the Secretary shall 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.'';
            (4) by inserting ``under this subsection'' after ``him'' in 
        paragraph (3); and
            (5) by striking ``system described in section 303(b)(6)'' 
        in paragraph (3) and inserting ``system, including any 
        individual fishing quota system''.
    (c) Individual Fishing 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) Notwithstanding paragraph (1), the Secretary is authorized 
and shall collect a fee of up to 3 percent of the annual ex-vessel 
value of fish harvested under any individual fishing quota program or 
community development quota program to recover the costs directly 
related to the management and enforcement of such program. Fees 
collected under this paragraph shall be in addition to any other fees 
charged under this Act and shall be an offsetting collection available 
only to the Secretary for the purposes of administering and 
implementing this Act in the fishery in which the fees were 
collected.''.
    (d) Delay of Fees.--Notwithstanding any other law, the Secretary 
shall not begin the collection of fees under section 304(d)(2) from 
persons holding individual fishing quotas in the surf clam and ocean 
quahog fishery or in the wreckfish fishery until 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) In addition, if the Secretary determines at any time 
        that a fishery is overfished, the Secretary immediately shall 
        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 or notification 
        under this subsection, the Council (or the Secretary, 
        consistent with section 304(g) and where practicable for 
        fisheries under section 302(a)(3)) shall prepare a fishery 
        management plan, a plan amendment, or proposed regulations for 
        fisheries under the authority of such Council or the 
        Secretary--
                    ``(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 
        under this section 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 and other economic interests, 
                        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 or other 
                        environmental conditions 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 the traditional participation by 
                fishermen of the United States in the fishery relative 
                to other nations.
            ``(5) If, within the one-year period beginning on the date 
        of identification or notification, the Council does not submit 
        to the Secretary a fishery management plan, plan amendment or 
        proposed regulations under paragraph (3)(A), the Secretary 
        shall within nine months prepare under subsection (c) a fishery 
        management plan or plan amendment to stop overfishing and 
        rebuild affected stocks of fish.
            ``(6) During the development of a fishery management plan, 
        a plan amendment, or proposed regulations under this 
        subsection, the Council may request the Secretary to implement 
        interim measures, to be replaced by such plan, amendment or 
        regulations, to reduce overfishing. 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 implemented under 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 under paragraph (2).''.
    (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.--The Secretary shall 
prepare a fishery management plan or plan amendment with respect to any 
highly migratory species fishery to which section 302(a)(3) applies 
that requires conservation and management, in accordance with the 
national standards, the other provisions of this Act, and any other 
applicable law. In preparing and implementing any such plan or 
amendment, the Secretary shall--
            ``(1) conduct public hearings, at appropriate times and in 
        appropriate 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;
            ``(2)(A) 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; and
            ``(B) consult with and consider the comments and views of 
        affected Councils, as well as 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);
            ``(3) establish an advisory panel under section 302(g) for 
        each fishery management plan to be prepared under this 
        paragraph;
            ``(4) 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;
            ``(5) 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 fishing mortality level;
            ``(6) 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;
            ``(7) 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
            ``(8) ensure that conservation and management measures 
        adopted under this paragraph--
                    ``(A) promote international conservation of the 
                affected fishery;
                    ``(B) take into consideration traditional fishing 
                patterns of fishing vessels of the United States and 
                the operating requirements of the fisheries;
                    ``(C) are fair and equitable in allocating fishing 
                privileges among United States fishermen and not have 
                economic allocation as the sole purpose;
                    ``(D) minimize the discarding of Atlantic highly 
                migratory species which cannot be returned to the sea 
                alive; and
                    ``(E) promote, to the extent practicable, 
                implementation of scientific research programs that 
                include the tag and release of Atlantic highly 
                migratory species.''.
    (h) Review of Secretarial Plan.--Section 304, as amended, is 
amended further by adding at the end the following:
    ``(h) Review of Secretarial Plan.--
            ``(1)(A) Whenever the Secretary prepares a fishery 
        management plan or plan amendment under this section, the 
        Secretary shall immediately--
                    ``(i) for a plan or amendment prepared under 
                subsection (c), submit such plan or amendment to the 
                appropriate Council for consideration and comment; and
                    ``(ii) publish in the Federal Register a notice 
                stating that the plan or amendment is available and 
                that written data, 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.
            ``(B) Whenever a plan or amendment is submitted under 
        paragraph (1)(A)(i), 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 subparagraph (A)(ii). After the close of 
        such 60-day period, the Secretary, after taking into account 
        any such comments and recommendations, as well as any views, 
        data, or comments submitted under subparagraph (A)(ii), may 
        adopt such plan or amendment.
            ``(2) The Secretary may propose regulations in the Federal 
        Register to implement any plan or amendment prepared by the 
        Secretary. 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.
            ``(3) The Secretary shall promulgate final regulations 
        within 30 days after the end of the comment period under 
        paragraph (3). 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 plan, with the national standards and other 
        provisions of this Act, and with any other applicable law.''.

SEC. 111. 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 (f), as 
        redesignated:

``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 shall 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.
    ``(b) Fish Habitat.--
            ``(1)(A) The Secretary shall, within six months of the date 
        of enactment of the Sustainable Fisheries Act, establish 
        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 the 
        actions which should be considered to ensure the conservation 
        and enhancement of such habitat, and set forth a schedule for 
        the amendment of fishery management plans to include the 
        identification of essential fish habitat.
            ``(B) The Secretary 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 undertaken, or proposed to be 
        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 undertaken, or proposed to be 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 undertaken, or proposed to be 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 
        paragraph (4)(A), a Federal agency shall provide a detailed 
        response, in writing, to the commenting Council and the 
        Secretary regarding the matter. The response shall include a 
        description of measures being considered by the agency for 
        avoiding, mitigating, or offsetting the impact of the activity 
        on such habitat. In the case of a response that is inconsistent 
        with the recommendations of the 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 by striking 
paragraph (3) and by inserting the following after paragraph (2):
            ``(3) Any emergency regulation which changes an existing 
        fishery management plan shall be treated as an amendment to 
        such plan for the period in which such regulation is in effect. 
        Any emergency regulation promulgated under this subsection--
                    ``(A) shall be published in the Federal Register 
                together with the reasons therefor;
                    ``(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 an additional 
                period of not more than 180 days, provided the public 
                has had an opportunity to comment on the emergency 
                regulation, and, in the case of a Council 
                recommendation for emergency regulations, the Council 
                is actively preparing a fishery management plan, 
                amendment, or proposed regulations to address the 
                emergency on a permanent basis;
                    ``(C) that responds to a public health emergency 
                may remain in effect until the circumstances that 
                created the emergency no longer exist, provided that 
                the Secretary of Health and Human Services concurs with 
                the Secretary's action and the public has an 
                opportunity to comment after the regulation is 
                published; and
                    ``(D) may be terminated by the Secretary at an 
                earlier date by publication in the Federal Register of 
                a notice of termination, except for emergency 
                regulations promulgated under paragraph (2) in which 
                case such early termination may be made only upon the 
                agreement of the Secretary and the Council 
                concerned.''.
    (c) Section 305(e) is amended by striking ``12291, dated February 
17, 1981'' and inserting ``12866, dated September 30, 1993''.
    (d) Section 305, as amended, is further amended by adding at the 
end the following:
    ``(g) Negotiated Conservation and Management Measures.--(1)(A) A 
Council or the Secretary may, in accordance with regulations 
promulgated by the Secretary pursuant to this paragraph, establish a 
fishery negotiation panel to assist in the development of specific 
conservation and management measures for a fishery under authority of 
such Council or the Secretary.
    ``(B) No later than 180 days after the enactment of this section, 
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) Upon receipt of a report containing proposed conservation and 
management measures from a negotiation panel convened under this 
subsection, the report shall be published 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 include 
all or any portion of a report from a negotiation panel established 
under this subsection in a fishery management plan or plan amendment 
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 Fishery Act, the Secretary shall establish an 
        exclusive central registry system (which may be administered on 
        a regional basis) for any 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 section 6323 of the Internal Revenue Code of 
        1986 (26 U.S.C. 6323).
            ``(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) Notwithstanding section 304(d)(1), the Secretary may 
        collect a reasonable fee of not more than one-half of one 
        percent of the value of limited access system permits upon 
        registration and transfer to recover the costs of administering 
        the central registry system.''.
    (e) Registry Transition.--Security interests on permits described 
under section 305(h)(1) 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 and in compliance with such regulations of the perfection of 
such security.

SEC. 112. PACIFIC COMMUNITY FISHERIES.

    (a) Harold Sparck Memorial Community Development 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 paragraph (1), 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 
                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; and
                    ``(iv) be certified by the Secretary of the 
                Interior pursuant to the Alaska Native Claims 
                Settlement Act 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 and 
                Aleutian Islands management area; 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) During the fiscal years for which funds are 
        authorized under section 4, the North Pacific Council may not 
        recommend 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 recommended that a 
        percentage of the total allowable catch be allocated to western 
        Alaska community development quota programs.
            ``(ii) During the fiscal years for which funds are 
        authorized under section 4, 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 recommended by the North Pacific Council 
                to the Secretary prior to October 1, 1995,
        the Secretary shall, notwithstanding any expiration date in 
        such plan, plan amendment, or regulation, allocate to the 
        program a percentage of the total allowable catch that is no 
        greater than the percentage described in such plan or plan 
        amendment.
            ``(D) The Secretary shall deduct from any fees collected 
        under section 304(d)(2) for fish harvested under the western 
        Alaska community development quota program costs incurred by 
        fishing vessels in the program for observer or reporting 
        requirements which are in addition to observer or reporting 
        requirements of other fishing vessels in the fishery in which 
        the allocation to such program has been made.
            ``(2)(A) The Western Pacific Council and the Secretary may 
        establish a western Pacific community development program which 
        may include an allocation of a percentage of the total catch of 
        any fishery, limited entry permits, or other quotas related to 
        vessel size and fishing zones to 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, and based on 
                historical fishing practices in and dependence on the 
                fishery, the cultural and social framework relevant to 
                the fishery, and economic barriers to access to the 
                fishery;
                    ``(iii) consist of community residents who conduct 
                more than one-half of their current commercial or 
                subsistence fishing effort in the waters within the 
                Western Pacific Regional Management Area;
                    ``(iv) not have previously developed harvesting or 
                processing capability sufficient to support substantial 
                participation in the western Pacific Regional Fishery 
                Management Area; and
                    ``(v) develop and submit a Community Development 
                Plan to the Western Pacific Council and Secretary.
            ``(C) For the purposes of this subsection--
                    ``(i) `Western Pacific Regional Management Area' 
                means the area under the jurisdiction of the Western 
                Pacific Council, or an island within such area; and
                    ``(ii) `western Pacific community' means any 
                community located in the Western Pacific Regional 
                Management Area where a majority of the inhabitants are 
                descended from the aboriginal peoples indigenous to the 
                area and in which traditional fishing practices are or 
                have been historically used for subsistence or 
                commercial purposes.
            ``(D) 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.
            ``(E) After the date of enactment of the Sustainable 
        Fisheries Act, no Council may recommend a community development 
        quota program except as provided in this subsection.''.
    (b) Western Pacific Demonstration Projects.--(1) The Secretary and 
Secretary of 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, which 
shall not exceed a total of $500,000 in each fiscal year.
    (2) Demonstration project 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 any 
        such demonstration project.
    (3)(A) The Western Pacific Fishery Management Council, in 
consultation with the Secretary shall establish an advisory panel under 
section 302(g)(2) of the Sustainable Fisheries Act to evaluate, 
determine the relative merits of, and annually rank applications for 
such grants, which shall consist of not more than eight 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 or Secretary of 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 for the reasons thereof.
    (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 have the same meaning as such term has in section 
305(i)(2)(C)(ii) of the Magnuson Fishery Conservation and Management 
Act.

SEC. 113. STATE JURISDICTION.

    (a) Paragraph (3) of section 306(a) (16 U.S.C. 1856(a)) is amended 
to read as follows:
            ``(3)(A) A State may regulate a fishing vessel outside the 
        boundaries of the State if the fishing vessel is registered 
        under the law of that State, and--
                    ``(i) there is no fishery management plan in place 
                for that fishery; or
                    ``(ii) if there is a fishery management plan or 
                plan amendment in place for that fishery, the State's 
                laws and regulations are consistent with the purposes 
                of that fishery management plan or plan amendment.
            ``(B) For the purposes of this paragraph, the term 
        `registered under the law of that State' means that--
                    ``(i) the owner, captain, or vessel holds a fishing 
                license, or other document that is a prerequisite to 
                participating in the fishery, issued by the State;
                    ``(ii) the vessel is numbered by the State in 
                accordance with chapter 123 of title 46, United States 
                Code; or
                    ``(iii) the documentation of the vessel under 
                chapter 121 of title 46, United States Code, identifies 
                the vessel's homeport as located in the State.''.
    (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).
            ``(4) For any fishery occurring off Alaska for which there 
        is no fishery management plan approved and implemented under 
        this Act, or pursuant to a fishery management plan under this 
        Act, the State of Alaska may enforce its fishing laws and 
        regulations in the exclusive economic zone off Alaska, provided 
        there is a legitimate State interest in the conservation and 
        management of the fishery, until a Federal fishery management 
        plan is implemented for any such fishery which does not allow 
        for such enforcement. Fisheries in the exclusive economic zone 
        off Alaska currently managed pursuant to a Federal fishery 
        management plan shall not be removed from Federal management 
        and placed under State authority without the unanimous consent 
        (except for the Regional Director of the National Marine 
        Fisheries Service) of the North Pacific Council. The preceding 
        sentence shall not be construed to require the North Pacific 
        Council to unanimously vote to continue a fishery management 
        plan under which the State of Alaska is already principally 
        involved in the management or enforcement of a fishery.''.
    (c) Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amended--
            (1) by striking ``and'' in subparagraph (A);
            (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.''.

SEC. 114. 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 the Atlantic States 
        Marine Fisheries Commission's American Lobster Fishery 
        Management Plan (and, for purposes of this clause, if the 
        Secretary withdraws the Federal plan or any successor to that 
        plan, and the Atlantic States Marine Fisheries Commission has 
        not implemented a plan to manage the American Lobster Fishery, 
        the minimum possession size in effect at the time the American 
        Lobster Fishery Management Plan was withdrawn shall remain in 
        effect until the Atlantic States Marine Fisheries Commission 
        implements a plan that contains a minimum possession size)''.
    (b) Section 307(1)(K) (16 U.S.C. 1857(1)(K)) is amended by striking 
``knowingly steal or without authorization, to'' and inserting ``to 
steal or to negligently and without authorization''.
    (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, 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 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 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) transhipment at sea of fish 
                        products within the boundaries of any State in 
                        accordance with a permit approved under section 
                        204(b)(6)(A)(ii);''.
    (f) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended by striking 
``204 (b) or (c)'' and inserting ``204 (b), (c), or (d)''.
    (f) 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(b)(6)(B) or section 306(c) to 
        receive such fish;''.
    (g) Section 307(4) (16 U.S.C. 1857(4)) is amended by inserting ``or 
within the boundaries of any State'' after ``zone''.

SEC. 115. CIVIL PENALTIES AND PERMIT SANCTIONS; REBUTTABLE 
              PRESUMPTIONS.

    (a) Section 308(a) (16 U.S.C. 1858(a)) is amended by striking 
``ability to pay,''.
    (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 ``(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,''.
    (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. 116. 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'' 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 (i), 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 Regional Fishery Management Council, shall to the 
extent practicable support cooperative enforcement agreements between 
Federal and Pacific Insular Area authorities.
    ``(h) Annual Report on Enforcement.--Each year at the time the 
President's budget is submitted to the Congress, the Secretary and the 
Secretary of the Department in which the Coast Guard is operating 
shall, after consultation with the Councils, submit a report on the 
effectiveness of the enforcement of fishery management plans and 
regulations to implement such plans under the jurisdiction of each 
Council, including--
            ``(1) an analysis of the adequacy of Federal personnel and 
        funding resources related to the enforcement of fishery 
        management plans and regulations to implement such plans; and
            ``(2) recommendations to improve enforcement that should be 
        considered in developing plan amendments or regulations 
        implementing such plans.''.
    (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. 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''; and
            (2) by adding at the end the following:
    ``(f) Bycatch Reduction.--In implementing section 303(a)(11) and 
this section, the North Pacific Council shall recommend 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 recommend, and the Secretary may 
approve, consistent with the provisions of this Act, a system of fees 
in a fishery to provide incentives to reduce bycatch and bycatch rates; 
except that such fees shall not exceed one percent of the estimated 
annual ex-vessel value of the target species in the fishery. Any fees 
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 fees 
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 fees were derived and in which the 
State is directly involved in management or enforcement.
    ``(2)(A) Notwithstanding section 303(d), and in addition to the 
authority provided in section 303(b)(10), the North Pacific Council may 
recommend, 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 recommend 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 recommend, 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 its 
jurisdiction. 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 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 June 1, 1999, 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.
    ``(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) Northeast Atlantic Ocean Fisheries.--Section 314 (16 U.S.C. 
1863) is amended by striking ``1997'' in subsection (a)(4) and 
inserting ``2000''.

SEC. 118. TRANSITION TO SUSTAINABLE FISHERIES.

    (a) The Act is amended by adding at the end of title III the 
following:

``SEC. 315. FISHING CAPACITY REDUCTION PROGRAMS.

    ``(a) In General.--(1) The Secretary, with the approval of the 
appropriate Council, may conduct a fishing capacity reduction program 
(referred to in this section as the `program') in a fishery if the 
Secretary determines that--
            ``(A) the program is necessary to prevent or end 
        overfishing, rebuild stocks of fish, or adequate to achieve 
        measurable and significant improvements in the conservation and 
        management of the fishery;
            ``(B) the fishery management plan implemented for the 
        fishery--
                    ``(i) is consistent with the program objective;
                    ``(ii) 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 and accounting for the 
                full potential capacity of the fleet; and
                    ``(iii) establishes a specified or target total 
                allowable catch that triggers closure of the fishery or 
                proportional adjustments to reduce catch; and
            ``(C) the program is cost-effective and capable of repaying 
        any debt obligation incurred under section 1112 of title XI of 
        the Merchant Marine Act, 1936 (46 U.S.C. 1271 et seq.).
    ``(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 the owners of--
            ``(A) permits authorizing participation in the fishery, 
        Provided that such permits are surrendered for permanent 
        revocation; or
            ``(B) fishing vessels, Provided that any 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.
    ``(3) Participation in the program shall be voluntary, but the 
Secretary shall ensure compliance by all who do participate.
    ``(4) The Secretary shall consult with the appropriate Council, 
other Federal agencies, appropriate regional authorities, affected 
States and fishing communities, participants in the fishery, 
conservation organizations, and other interested parties throughout the 
development and implementation of any program.
    ``(b) 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.A. 713c-3(b)(1)(A); 
        Saltonstall-Kennedy Act);
            ``(B) appropriated for fisheries disaster relief under 
        section 316 of this Act or section 308 of the 
        Interjurisdictional Fisheries Act (16 U.S.C. 4107);
            ``(C) provided by an industry fee system under this section 
        and in accordance with section 1112 of title XI of the Merchant 
        Marine Act, 1936; and
            ``(D) provided from any State or other public sources and 
        private or nonprofit organizations.
    ``(2) All funds for the program, including any fees established 
under subsection (c), shall be paid into the fishing capacity reduction 
fund established under section 1112 of title XI of the Merchant Marine 
Act, 1936.
    ``(c) Industry Fee System.--(1)(A) If an industry fee system is 
necessary to fund the program, the Secretary, with the approval 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 who meet eligibility requirements for participation in the 
        referendum; and
            ``(ii) make available to such owners information about the 
        industry fee system describing the schedule and procedures for 
        the referendum, the proposed program, and the amount and 
        duration and any other terms and conditions of the 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 1112 of title XI of the Merchant Marine Act, 1936. 
The fees for a program under this section shall--
            ``(A) be established by the Secretary and adjusted from 
        time to time as the Secretary determines necessary to ensure 
        the availability of sufficient funds to repay such debt 
        obligations;
            ``(B) not exceed 5 percent of the gross sale proceeds of 
        all fish landed from the fishery for which the program is 
        established;
            ``(C) be deducted by the first ex-vessel fish purchaser 
        from the gross fish sales 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.
    ``(d) Implementation Plan.--(1) The Secretary, in consultation with 
the appropriate Council and other interested parties, shall prepare and 
publish in the Federal Register for a 60-day public comment period, an 
implementation plan 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, any strategy developed under section 
        316, 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 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, 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) 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 two 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; and
            (2) otherwise influencing the aggregate capital investments 
        in fisheries.
    (c) The Act, as amended by subsection (a), is amended by adding at 
the end of title III the following:

``SEC. 316. TRANSITION TO SUSTAINABLE FISHERIES.

    ``(a) Sustainable Development Strategy.--(1) At the discretion of 
the Secretary or at the request of the Governor of an affected State or 
a fishing community, the Secretary, in consultation with the Councils 
and Federal agencies, as appropriate, may work with regional 
authorities, affected States, fishing communities, the fishing 
industry, conservation organizations, and other interested parties, to 
develop a sustainable development strategy for any fishery identified 
as overfished under section 304(d) or determined to be a commercial 
fishery failure under this section or any other Federal fishery for 
which a fishery management plan is being developed or amended under 
section 303.
    ``(2) Such sustainable development strategy shall--
            ``(A) develop a balanced and comprehensive long-term plan 
        to guide the transition to a sustainable fishery and the 
        development of fishery management plan under section 303 or a 
        fishery rebuilding effort under section 304(d) which--
                    ``(i) takes into consideration the economic, 
                social, and environmental factors affecting the 
                fishery;
                    ``(ii) identifies alternative economic 
                opportunities; and
                    ``(iii) establishes long-term objectives for the 
                fishery including vessel types and sizes, harvesting 
                and processing capacity, and optimal fleet size;
            ``(B) identify Federal and State programs which can be used 
        to provide assistance to fishing communities during development 
        and implementation of a fishery recovery effort; and
            ``(C) establish procedures to implement such a plan and 
        facilitate consensus and coordination in regional decision-
        making;
    ``(3) The Secretary shall complete and submit to the Congress a 
report on any sustainable development strategy developed under this 
section within 6 months after it is developed and annually thereafter.
    ``(b) Fisheries Disaster Relief.--(1) At the discretion of the 
Secretary or at the request of the Governor of an affected State or a 
fishery 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 into other fisheries or other geographic regions.
    ``(3) The Federal share of the cost of any activity carried out 
under the authority of this section 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 1995, 1996, 1997, 
1998, 1999, and 2000.''.
    (d) 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 buy-out 
                program established under section 315(b) of the 
                Magnuson Fishery Conservation and Management Act; 
                and''.

               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 DATA MANAGEMENT.

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

``SEC. 401. REGISTRATION AND DATA MANAGEMENT.

    ``(a) Standardized Fishing Vessel Registration and Data 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 data 
management system on a regional basis. The proposed system shall be 
developed after consultation with interested governmental and 
nongovernmental parties and shall--
            ``(1) be designed to standardize the requirements of vessel 
        registration and data 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 programs under existing fishery management 
        plans into a nonduplicative data collection and management 
        system;
            ``(3) avoid duplication of existing state, tribal, or 
        federal systems (other than a federal system under paragraph 
        (1)) and utilize, to the maximum extent practicable, 
        information collected from existing systems;
            ``(4) provide for implementation through cooperative 
        agreements with, appropriate State, regional, or tribal 
        entities and Marine Fisheries Commissions;
            ``(5) provide for authorization of 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 vessels carrying a passenger for hire engaged in 
        recreational fishing, except for private recreational fishing 
        vessels used exclusively for pleasure;
            ``(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 data (other than 
        economic data) which may be necessary to meet the goals of the 
        proposed system; and
            ``(10) prescribe 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 complete and accurate information collected 
                under this section.
    ``(b) Fishing Vessel Registration.--The 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 data management system should, at a 
minimum, provide basic fisheries performance data for each fishery, 
including--
            ``(1) the number of vessels participating in the fishery 
        including vessels carrying a passenger for hire engaged in 
        recreational fishing;
            ``(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 fishery effort; and
            ``(5) other such data as required under subsection 
        303(a)(5).
    ``(d) Definition.--For the purposes of this section, the term 
`passenger for hire' shall have the same meaning as the definition for 
such term in section 2102(21a) of title 46, United States Code.
    ``(e) Use of Registration.--Any registration under this section 
shall not be considered a permit for the purposes of this Act, and the 
Secretary may not revoke, suspend, deny, or impose any other conditions 
or restrictions on any such registration or the use of such 
registration under this Act.
    ``(f) 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 data collection system that meets the requirements of 
subsections (a) through (c). The proposal shall include--
            ``(1) a description of the arrangements 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.
    ``(g) Congressional Transmittal.--Within 60 days after the end of 
the comment period and after consideration of comments received under 
subsection (d), 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 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; and
            ``(3) recommendations for any such additional legislation 
        as the Secretary considers necessary or desirable to implement 
        the proposed system.
    ``(h) 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 private recreational fishing vessels 
used exclusively for pleasure into a national fishing vessel 
registration and data 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. DATA COLLECTION.

    Section 402 is amended to read as follows:

``SEC. 402. DATA COLLECTION.

    ``(a) Council Requests.--If a Council determines that additional 
information and data (other than information and data 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 a data 
collection program for the fishery which would provide the types of 
information and data (other than information and data that would 
disclose proprietary or confidential commercial or financial 
information regarding fishing operations or fish processing operations) 
specified by the Council. The Secretary shall approve such a data 
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 a data 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 system;
            ``(E) unless the Secretary has obtained written 
        authorization from the person submitting such information to 
        release such information and such release does not violate 
        other requirements of this subsection; or
            ``(F) that observer data collected under the North Pacific 
        Research Plan may be released as specified for weekly summary 
        bycatch data identified by vessel, and haul-specific bycatch 
        data without vessel identification.
Nothing in this paragraph prevents the use by the Secretary, or (with 
the approval of the Secretary) the Council, for conservation and 
management purposes information submitted in compliance with 
regulations promulgated under this Act, or the use, release, or 
publication of bycatch data pursuant to paragraph (1)(F).
    ``(2) The Secretary shall, by regulation, prescribe such procedures 
as may be necessary to preserve such confidentiality, 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 regulations promulgated 
under this Act or the use, release, or publication of bycatch data 
pursuant to paragraph (1)(F).
    ``(c) Restriction on Use of Certain Data.--(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.), or 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 Federal fishing 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.--In case of a program for which--
            ``(1) the recipient of a grant, contract, or other 
        financial assistance is specified by statute to be, or has 
        customarily been, a State, Council, or a Marine Fisheries 
        Commission; or
            ``(2) the Secretary has entered into a cooperative 
        agreement with a State, Council, or Marine Fisheries 
        Commission,
such financial assistance may be provided by the Secretary to that 
recipient on a sole-source basis, notwithstanding any other provision 
of law.
    ``(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; and
            ``(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.
    ``(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 of the 
date of enactment of the Sustainable Fisheries Act, the Secretary shall 
promulgate regulations, after notice and 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 data 
        necessary for the conservation and management purposes of the 
        fishery to which such observer is assigned; and
            ``(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 training facilities and 
        resources, where possible, in carrying out this subsection.
    ``(c) Wages as Maritime Liens.-- Claims for observers' wages shall 
be considered maritime liens against the vessel and be accorded the 
same priority as seamen's liens under admiralty and general maritime 
law.
    ``(d) Observer Status.--(1) 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 for work 
injuries under the Federal Employee Compensation Act (5 U.S.C. 8101 et 
seq.)
    ``(2) Paragraph (1) does not apply if the observer is engaged by 
the owner, master, or individual in charge of the vessel to perform any 
duties in service to the vessel.''.

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 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 the goals and timetables for the program 
        described in paragraph (1); and
            ``(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 data concerning fishing 
        activities, catch, effort, stock assessments, and other 
        research conducted under this section.
    ``(c) Areas of Research.--The areas of research referred to in 
subsection (a) are as follows:
            ``(1) Research to support fishery conservation and 
        management, including but not limited to, research on the 
        economics of fisheries and 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) Information management research, including the 
        development of a fishery information base and an information 
        management system that will permit the full use of data 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 Data.-- Within 9 months after the date of 
enactment of the Sustainable Fisheries Act, the Secretary shall, after 
consultation with the Gulf of Mexico Fishery Management Council and 
South Atlantic Fishery Management Council, conclude the collection of 
data 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 data 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 Data.-- 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 data 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 data 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 twelve 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.-- Any conservation and management 
measure implemented under this Act to reduce the incidental mortality 
of bycatch in the course of shrimp trawl fishing must be consistent 
with--
            ``(1) measures applicable to fishing throughout the range 
        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 Ecosystem Management Research.--Section 406 (16 
U.S.C. 1882) is amended to read as follows:

``SEC. 406. FISHERIES ECOSYSTEM MANAGEMENT RESEARCH.

    ``(a) Establishment of Panel.--Not later than 180 days after the 
enactment of the Sustainable Fisheries Act, the Secretary shall 
establish a fisheries ecosystem management 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) Ecosystem Report.--Within two years of the date of enactment 
of this Act, the Secretary shall submit to the Congress a completed 
report of the fisheries ecosystem management advisory panel, 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 procedural matters under section 
302(j) with respect to advisory panels shall apply to the Fisheries 
Ecosystem Management advisory panel''.
    (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) The Secretary of Commerce Shall Ensure That--
            ``(1) no later than one year after the effective date of 
        the Sustainable Fisheries Act, an independent peer review is 
        completed of whether--
                    ``(A) the fishery statistics of the Secretary 
                concerning the red snapper fishery in the Gulf of 
                Mexico accurately and completely account for all 
                commercial and recreational harvests and fishing effort 
                on the stock;
                    ``(B) the scientific methods, data and models used 
                by the Secretary to assess the status and trends of the 
                Gulf of Mexico red snapper stock are appropriate under 
                this Act;
                    ``(C) the scientific information upon which the 
                fishery management plan for red snapper in the Gulf of 
                Mexico is based is appropriate under this Act;
                    ``(D) the management measures in the fishery 
                management plan for red snapper in the Gulf of Mexico 
                are appropriate for conserving and managing the red 
                snapper fishery under this Act; and
                    ``(E) the benefits and costs of establishing an 
                individual fishing quota program for the red snapper 
                fishery in the Gulf of Mexico and reasonable 
                alternatives thereto have been properly evaluated under 
                this Act; and
            ``(2) commercial and recreational fishermen in the red 
        snapper fishery in the Gulf of Mexico are provided an 
        opportunity to--
                    ``(A) participate in the peer review under 
                paragraph (1); and
                    ``(B) provide information to the Secretary of 
                Commerce in connection with the review of fishery 
                statistics under paragraph (a)(1) 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 of Commerce.
    ``(b) The Secretary of Commerce shall submit a detailed written 
report on the findings of the peer review conducted under subsection 
(a)(1) to the Gulf of Mexico Fishery Management Council no later than 
one year after the effective date of the Sustainable Fisheries Act.''.

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 determination of--
            (1) the amount of bycatch that is contributed each year to 
        charitable organizations by commercial fishermen;
            (2) the economic benefits to commercial fishermen from 
        those contributions; and
            (3) the impact on fisheries of the availability of those 
        benefits.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Commerce shall submit to the Congress a 
report containing determinations made in the study under subsection 
(a).
    (c) Bycatch Defined.--In this section the term ``bycatch'' has the 
meaning given that term in section 3(2) of the Magnuson Fishery 
Conservation and Management Act, as amended by section 103 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. CLERICAL AMENDMENTS.

    The table of contents is amended by striking the matter relating to 
title IV and inserting the following:

``Sec. 315. Fishing Capacity Reduction Programs.
``Sec. 316. Transition to sustainable fisheries.
                              ``TITLE IV--FISHERY MONITORING AND 
                                        RESEARCH
``Sec. 401. Registration and data management.
``Sec. 402. Data collection.
``Sec. 403. Observers.
``Sec. 404. Fisheries research.
``Sec. 405. Incidental harvest research.
``Sec. 406. Fisheries ecosystem management 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. FISHERIES FINANCING AND CAPACITY REDUCTION.

    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) Pursuant to the authority granted under section 
1103(a) of this title, the Secretary may, under such terms and 
conditions as the Secretary shall prescribe by regulation, guarantee 
and make commitments to guarantee the principal of, and interest on, 
obligations which aid in refinancing, in a manner consistent with the 
reduced cash flows available to obligors because of reduced harvesting 
allocations during implementation of a fishery recovery effort, 
existing obligations relating to fishing vessels or fishery facilities. 
Guarantees under this section shall be subject to all other provisions 
of this title not inconsistent with the provisions of this section. The 
provisions of this section shall, notwithstanding any other provisions 
of this title, apply to guarantees under this section.
    ``(b) Obligations eligible to be refinanced under this section 
shall include all obligations which financed or refinanced any 
expenditures associated with the ownership or operation of fishing 
vessels or fishery facilities, including but not limited to 
expenditures for reconstructing, reconditioning, purchasing, equipping, 
maintaining, repairing, supplying, or any other aspect whatsoever of 
operating fishing vessels or fishery facilities, excluding only such 
obligations--
            ``(1) which were not in existence prior to the time the 
        Secretary approved a fishery rebuilding effort eligible for 
        guarantees under this section and whose purpose, in whole or in 
        part, involved expenditures which resulted in increased vessel 
        harvesting capacity; and
            ``(2) as may be owed by an obligor either to any 
        stockholder, partner, guarantor, or other principal of such 
        obligor or to any unrelated party if the purpose of such 
        obligation had been to pay an obligor's preexisting obligation 
        to such stockholder, partner, guarantor, or other principal of 
        such obligor.
    ``(c) The Secretary may refinance up to 100 percent of the 
principal of, and interest on, such obligations, but, in no event, 
shall the Secretary refinance an amount exceeding 75 percent of the 
unencumbered (after deducting the amount to be refinanced by guaranteed 
obligations under this section) market value, as determined by an 
independent marine surveyor or other competent person for a fishery 
facility, of the fishing vessel or fishery facility to which such 
obligations relate plus 75 percent of the unencumbered (including but 
not limited to homestead exemptions) market value, as determined by an 
independent marine surveyor, of all other supplementary collateral. The 
Secretary shall do so regardless of--
            ``(1) any fishing vessel or fishery facility's actual cost 
        or depreciated actual cost; and
            ``(2) any limitations elsewhere in this title on the amount 
        of obligations to be guaranteed or such amount's relationship 
        to actual cost or depreciated actual cost.
    ``(d) Obligations guaranteed under this section shall have such 
maturity dates and other provisions as are consistent with the intent 
and purpose of this section (including but not limited to provisions 
for obligors to pay only the interest accruing on the principal of such 
obligations during the period in which fisheries stocks are recovering, 
with the principal and interest accruing thereon being fully amortized 
between the date stock recovery is projected to be completed and the 
maturity date of such obligations).
    ``(e) No provision of section 1104A(d) of this title shall apply to 
obligations guaranteed under this section.
    ``(f) The Secretary shall neither make commitments to guarantee nor 
guarantee obligations under this section unless--
            ``(1) the Secretary has first approved the fishery 
        rebuilding effort for the fishery in which vessels eligible for 
        the guarantee of obligations under this section are 
        participants and has determined that such guarantees will have 
        no adverse impacts on other fisheries in the region;
            ``(2) the Secretary has considered such factors as--
                    ``(A) the projected degree and duration of reduced 
                fisheries allocations;
                    ``(B) the projected reduction in fishing vessel and 
                fishery facility cash flows;
                    ``(C) the projected severity of the impact on 
                fishing vessels and fishery facilities;
                    ``(D) the projected effect of the fishery 
                rebuilding effort;
                    ``(E) the provisions of any related fishery 
                management plan under the Magnuson Fishery Conservation 
                and Management Act (16 U.S.C. 1801 et seq.); and
                    ``(F) the need for and advisability of guarantees 
                under this section;
            ``(3) the Secretary finds that the obligation to be 
        guaranteed will, considering the projected effect of the 
        fishery recovery effort involved and all other aspects of the 
        obligor, project, property, collateral, and any other aspects 
        whatsoever of the obligation involved, constitute, in the 
        Secretary's opinion, a reasonable prospect of full repayment; 
        and
            ``(4) the obligors agree to provide such security and meet 
        such other terms and conditions as the Secretary may, pursuant 
        to regulations prescribed under this section, require to 
        protect the interest of the United States and carry out the 
        purpose of this section.
    ``(g) All obligations guaranteed under this section shall be 
accounted for separately, in a subaccount of the Federal Ship Financing 
Fund to be known as the Fishery Recovery Refinancing Account, from all 
other obligations guaranteed under the other provisions of this title 
and the assets and liabilities of the Federal Ship Financing Fund and 
the Fishery Recovery Refinancing Account shall be segregated 
accordingly.
    ``(h) For the purposes of this section, the term `fishery 
rebuilding effort' means a fishery management plan, amendment, or 
regulations required under section 304(e) of the Magnuson Fishery 
Conservation and Management Act to rebuild a fishery which the 
Secretary has determined to be a commercial fishery failure under 
section 316 of such Act.
    ``Sec. 1112. (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 315 of the 
Magnuson Fishery Conservation and Management Act.''.

SEC. 303. FISHERIES LOAN GUARANTEE REFORM.

    (a) Amendment of Merchant Marine Act, 1936.--Section 1104A of the 
Merchant Marine Act, 1936 (46 U.S.C. App. 1274) is amended--
            (1) in paragraph (a)--
                    (A) by striking ``or'' and the end of paragraph 
                (5);
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``; or'';
                    (C) by inserting the following new paragraph:
            ``(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
                    (D) in the last sentence, by striking ``paragraph 
                (6)'' and inserting ``paragraphs (6) and (7)''; and
            (2) in paragraph (b)(2)--
                    (A) by striking ``equal to'' in the third proviso 
                and inserting ``not to exceed''; and
                    (B) by striking ``except that no debt may be placed 
                under this proviso through the Federal Financing 
                Bank:'' in the third proviso and inserting ``and 
                obligations related to fishing vessels and fishery 
                facilities under this title shall be placed through the 
                Federal Financing Bank unless placement through the 
                Federal Financing Bank is not reasonably available or 
                placement elsewhere is available at a lower annual 
                yield than placement through the Federal Financing 
                Bank:''.
    (b) Limit on Guarantees.--Fishing Vessel Obligation loan guarantees 
may not exceed $40,000,000 annually for the purposes of section 504(b) 
of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)).
    (c) Adjustment of Fees.--The Secretary of Commerce may take such 
actions as necessary to adjust fees imposed on new loan guarantee 
applicants to capture any savings from placement of loan guarantee 
obligations through the Federal Financing Bank if the total fees 
charged to applicants do not exceed the percentage amounts paid before 
the date of enactment of this Act.
    (d) Administrative Costs.--(1) Fees generated from the adjustment 
in subsection (c) shall be deposited in the appropriate account of the 
Federal Ship Financing Fund. The Secretary of Commerce may transfer 
annually up to $1,700,000 from such account to pay for the 
administrative costs associated with the Fisheries Obligation Guarantee 
Program if that program has resulted in job cost, as defined in section 
502(5) of the Federal Credit Reform Act (2 U.S.C. 661a(5)).
    (2) Fees allocated to an individual fishing quota obligation 
guarantee program pursuant to section 303(d)(4)(A) (16 U.S.C. 
1853(d)(4)(A)) shall be placed in a separate account for each such 
program in the Federal Ship Financing Fund for the purpose of providing 
budget authority for each such program. Amounts in any such accounts 
shall be identified in future fiscal year budget submissions of the 
Executive Branch.
    (e) 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.

           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, $49,340,000 for fiscal year 1996, 
$50,820,000 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 data 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, $28,183,000 for fiscal year 
1996, $29,028,000 for fiscal year 1997, $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, $22,405,000 for fiscal year 1996, $23,077,000 for fiscal 
year 1997, and $23,769,000 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 ``1996 and 
        1997'';
            (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.).

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 ``1994 and 1995,'' in subsection (b) and 
        inserting ``1994, 1995, 1996, 1997, 1998, 1999, and 2000''; and
            (3) 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 
        ``$650,000 for fiscal year 1996, $700,000 for fiscal year 1997, 
        $750,000 for each of the fiscal years 1998, 1999, and 2000,''.
    (b) Amendment To Implement the Northeast, Northwest, and Gulf of 
Mexico Disaster Relief Programs.--Section 308(d) of the 
Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(d)) is 
amended--
            (1) by striking ``award grants to persons engaged in 
        commercial fisheries, for uninsured losses determined by the 
        Secretary to have been suffered'' in paragraph (1) and 
        inserting ``assist persons engaged in commercial fisheries, 
        either directly through assistance to persons or indirectly 
        through assistance to State and local government agencies and 
        non-profit organizations, for projects or other measures 
        designed to alleviate impacts determined by the Secretary to 
        have been incurred'';
            (2) by striking ``a grant'' in paragraph (3) and inserting 
        ``assistance'';
            (3) by inserting ``, if provided directly to a person,'' in 
        paragraph (3) after ``subsection'';
            (4) by striking out ``gross revenues annually,'' in 
        paragraph (3) and inserting ``net annual revenue from 
        commercial fisheries,'';
            (5) by striking paragraph (4) and inserting the following:
            ``(4) Assistance may not be provided under this subsection 
        as part of a fishing capacity reduction program in a fishery 
        unless the Secretary determines that--
                    ``(A) adequate conservation and management measures 
                are in place in that fishery; and
                    ``(B) adequate measures are in place to prevent the 
                replacement of fishing capacity eliminated by the 
                program in that fishery.''; and
            (6) by striking ``awarding'' and all that follows in 
        paragraph (5) and inserting ``assistance provided under this 
        subsection.''.

SEC. 403. ANADROMOUS FISHERIES AMENDMENTS.

    Section 4(a)(2) of the Anadromous Fish Conservation Act (16 U.S.C. 
757d(a)(2)) is amended by striking ``and 1995.'' and inserting ``1995, 
1996, 1997, 1998, 1999, and 2000.''.

SEC. 404. ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT ACT 
              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) Authorization of Appropriations.--Section 809 of such Act (16 
U.S.C. 5108) is amended--
            (1) by striking ``and'' after ``1995,''; and
            (2) 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.''.