[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4749 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4749

To reauthorize the Magnuson-Stevens Fishery Conservation and Management 
                      Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2002

Mr. Gilchrest introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To reauthorize the Magnuson-Stevens Fishery Conservation and Management 
                      Act, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Magnuson-Stevens Act Amendments of 
2002''.

SEC. 2. AMENDMENT OF MAGNUSON-STEVENS 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 Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).

SEC. 3. REPORT ON OVER CAPITALIZATION.

    (a) In General.--The Secretary shall, within 12 months after the 
date of the enactment of this Act, submit to the Congress a report--
            (1) identifying and describing the 20 fisheries in United 
        States waters with the most severe examples of excess 
        harvesting capacity in the fisheries, based on value of each 
        fishery and the amount of excess harvesting capacity as 
        determined by the Secretary;
            (2) recommending measures for reducing such excess 
        harvesting capacity, including the retirement of any latent 
        fishing permits that could contribute to further excess 
        harvesting capacity in those fisheries; and
            (3) potential sources of funding for such measures.
    (b) Basis for Recommendations.--The Secretary shall base the 
recommendations made with respect to a fishery on--
            (1) the most cost effective means of achieving voluntary 
        reduction in capacity for the fishery using the potential for 
        industry financing; and
            (2) including measures to prevent the capacity that is 
        being removed from the fishery from moving to other fisheries 
        in the United States, in the waters of a foreign nation, or in 
        the high seas.

SEC. 4. BUYOUT PROVISIONS.

    (a) Discretion of Secretary To Conduct Fishing Capacity Reduction 
Program.--Section 312(b) (16 U.S.C. 1861a(b)) is amended--
            (1) in paragraph (1) by striking ``, at the request of the 
        appropriate Council for fisheries under the authority of such 
        Council, or the Governor of a State for fisheries under State 
        authority,'';
            (2) in paragraph (1), by inserting ``that is managed under 
        a limited access system authorized by section 303(b)(6),'' 
        after ``in a fishery''; and
            (3) by redesignating paragraph (4) as paragraph (5), and by 
        inserting after paragraph (3) the following:
    ``(4) The Council, or the Governor of a State, having authority 
over a fishery may request the Secretary to conduct a fishing capacity 
reduction program in the fishery under this subsection.''.
    (b) Requirement To Surrender All Permits.--Section 312(b)(2) (16 
U.S.C. 1861a(b)(2)) is amended to read as follows:
    ``(2)(A) 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.
    ``(B) To achieve that objective, the Secretary is authorized to pay 
an amount to the owner of a fishing vessel, if--
            ``(i) such vessel is scrapped, or 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;
            ``(ii) all permits authorizing the participation of the 
        vessel in any fishery under the jurisdiction of the United 
        States are surrendered for permanent revocation; and
            ``(iii) the owner of the vessel and such permits 
        relinquishes any claim associated with the vessel and such 
        permits that could qualify such owner for any present or future 
        limited access system permit in the fishery for which the 
        program is established.''.
    (c) Ensuring Vessels Do Not Enter Foreign or High Seas Fisheries.--
Section 312(b) (16 U.S.C. 1861a(b)) is further amended by adding at the 
end the following:
    ``(5) The Secretary may not make a payment under paragraph (2) with 
respect to a vessel that will not be scrapped, unless the Secretary 
certifies that the vessel will not be used for any fishing, including 
fishing in the waters of a foreign nation and fishing on the high 
seas.''.

SEC. 5. DATA COLLECTION.

    (a) Collection of Recreational Catch Data.--Section 402 (16 U.S.C. 
1881a) is amended by adding at the end the following:
    ``(f) Collection of Recreational Catch Data.--(1) The Secretary 
shall develop and implement a program for the sharing of recreational 
catch data for all federally managed fisheries through the use of 
information gathered from State-licensed recreational fishermen.
    ``(2) The Secretary shall conduct the program in consultation with 
the principle State officials having marine fishery management 
responsibility and expertise.
    ``(3) The Secretary shall report to the Congress within three years 
after the effective date of this subsection, on--
            ``(A) the progress made in developing such a program; and
            ``(B) whether the program has resulted in significantly 
        better data collection for the recreational fishing sector.''.
    (b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of Commerce shall submit to the 
Congress a report describing the following:
            (1) Economic data from United States processors that is 
        necessary to conduct fishing community and economic analysis 
        determinations required under chapter 6 of title 5, United 
        States Code, popularly known as the Regulatory Flexibility Act.
            (2) The reasons why such information is not available 
        through other sources such as tax returns, the Bureau of Labor 
        Statistics, and State labor departments.
            (3) The steps the Secretary would take under section 402 of 
        the Magnuson-Stevens Fishery Conservation and Management Act 
        (16 U.S.C. 1881a) to ensure the confidentiality of such 
        information (especially proprietary information), if the 
        information were obtained by the Secretary.

SEC. 6. ECOSYSTEM-BASED MANAGEMENT.

    (a) Policy.--Section 2(c) (16 U.S.C. 1851(c)) by striking ``and'' 
after the semicolon at the end of paragraph (6), by striking the period 
at the end of paragraph (7) and inserting ``; and'', and by adding at 
the end the following:
            ``(8) to support and encourage efforts to understand the 
        interactions of species in the marine environment and the 
        development of ecosystem-based approaches to fisheries 
        conservation and management that will lead to better 
        stewardship and sustainability of the Nation's coastal fishery 
        resources and fishing communities.''.
    (b) Authorization of Research.--Section 404(c) (16 U.S.C. 1881c(c)) 
is amended by adding at the end the following:
            ``(5) The interaction of species in the marine environment, 
        and the development of ecosystem-based approaches to fishery 
        conservation and management that will lead to better 
        stewardship and sustainability of coastal fishery resources.''.
    (c) Definitions and Criteria for Management Plans.--
            (1) In general.--The Secretary shall, in conjunction with 
        the Councils--
                    (A) create a definition for ``ecosystem'' and for 
                ``marine ecosystem''; and
                    (B) establish criteria for the development of 
                ecosystem-based management plans by each regional 
                fishery management council based on the recommendations 
                of the Ecosystems Principles Advisory Panel.
            (2) Report.--The Secretary shall report to the Congress 
        within 2 years after the date of the enactment of this Act on 
        the criteria, including an identification and description of 
        those criteria for which sufficient data is not available.
    (d) Identification of Marine Ecosystems; Research Plan.--
            (1) In general.--Within one year after the date of the 
        submission of the report under subsection (c)(2) to the 
        Congress, the Secretary, in conjunction with the regional 
        science centers and the regional fishery management councils, 
        shall--
                    (A) identify specific marine ecosystems within each 
                region; and
                    (B) also develop and begin to implement regional 
                research plans to meet the information deficit 
                identified in the report.
            (2) Research plans.--The research plans shall suggest 
        reasonable timelines and cost estimates for the collection of 
        the required information.
            (3) Reports.--The Secretary shall report to the Congress 
        annually on the progress of the regional research plans.
    (e) Ecosystem-Based Fishery Management Plan Pilot Program.--
            (1) In general.--Upon the completion of development of 
        regional research plans under subsection (d)(1), the Secretary 
        of Commerce shall establish and begin implementing a pilot 
        program for the management of one fishery on the east coast of 
        the United States and one fishery on the west coast of the 
        United States under an ecosystem-based fishery management plan 
        under the Magnuson-Stevens Fishery Conservation and Management 
        Act.
            (2) Consultation.--The Secretary shall develop and 
        implement ecosystem-based fishery management plans under this 
        subsection in consultation with the appropriate Regional 
        Fishery Management Councils.
    (f) Discretionary Provision in Fishery Management Plans.--Section 
303(b)(12) (16 U.S.C. 1853(b)(12)) is amended by inserting before the 
period the following: ``or for the health or stability of the marine 
ecosystem''.

SEC. 7. OBSERVERS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall report to the Congress on 
the needs for a national observer program.
    (b) Recommendations.--The report shall make recommendations on 
observation options, including electronic data collection technologies 
and on-board observers.
    (c) The Secretary, in the report, shall include the following:
            (1) A determination of whether the data collection needs 
        are for management or enforcement purposes.
            (2) A statement of the level of observer coverage necessary 
        in various types of fisheries to provide statistically reliable 
        information.
            (3) Cost estimates for various levels of observer coverage.
            (4) Options for the funding of observer coverage.
            (5) The types of vessels and fisheries for which observer 
        coverage cannot be required due to safety concerns.
            (6) Recommendations for the use of the data gathered by the 
        observing systems.
            (7) Recommendations for the confidentiality of proprietary 
        information collected through the program.

SEC. 8. OVERFISHING.

    (a) Clarification of Definition.--Section 3(29) (16 U.S.C. 
1802(29)) is amended to read as follows:
            ``(29)(A) The term `overfished' means, with respect to a 
        stock of fish, that the stock is of a size that is below the 
        natural range of fluctuation associated with the production of 
        maximum sustainable yield.
            ``(B) The term `overfishing' means a rate or level of 
        fishing mortality that jeopardizes the capacity of a fishery to 
        produce the maximum sustainable yield on a continuing basis.''.
    (b) Distinguishing in Reports.--Section 304(e)(1) (16 U.S.C. 
1854(e)(1)) is amended by inserting after paragraph (1) the following: 
``The report shall distinguish between fisheries that are overfished 
(or approaching that condition) as a result of fishing and fisheries 
that are overfished (or approaching that condition) as a result of 
factors other than fishing. The report shall state, for each fishery 
identified as overfished or approaching that condition, whether the 
fishery is the target of directed fishing.''.

SEC. 9. BYCATCH.

    (a) Definition.--Section 3(2) (16 U.S.C. 1802(2)) is amended in the 
first sentence by inserting ``and seabirds'' after ``regulatory 
discards''.
    (b) Reporting Methodology.--Section 303(a)(11) is amended--
            (1) by striking ``establish a standardized'' and inserting 
        ``within one year after the date of the enactment of the 
        Magnuson-Stevens Act Amendments of 2002, establish and begin 
        implementing a standardized''; and
            (2) by adding at the end the following:
        ``except that if such a methodology cannot be established or 
        implemented within such one-year period, the Council or the 
        Secretary shall publish a report explaining the reasons why, 
        and the Secretary shall take appropriate action to address 
        those reasons;''.
    (c) Charitable Donation of Bycatch.--Section 303(b) (16 U.S.C. 
1853(b)) is amended by striking ``and'' after the semicolon at the end 
of paragraph (11), by striking the period at the end of paragraph (12) 
and inserting ``; and'', and by adding at the end the following:
            ``(13) allow the retention and donation for charitable 
        purposes of all dead bycatch that cannot otherwise be avoided 
        under terms that ensure, through the use of onboard fishery 
        observers or other means, that such retention and donation do 
        not allow the evasion of vessel trip limits, total allowable 
        catch levels, or other conservation and management measures.''.
    (d) Bycatch Reduction Gear Development.--
            (1) In general.--Title IV (1 U.S.C. 1881 et seq.) is 
        amended by adding at the end the following:

``SEC. 408. GEAR DEVELOPMENT.

    ``(a) Identification of Fisheries With Significant Bycatch 
Problems.--(1) The Secretary, in conjunction with the Councils, shall 
identify and publish in the Federal Register a list of fisheries with 
significant bycatch problems, as determined under criteria developed by 
the Secretary.
    ``(2) The list shall contain, for each fishery identified, 
information on--
            ``(A) the number of participants in the fishery;
            ``(B) the types of gears used in the fishery;
            ``(C) the bycatch species;
            ``(D) the amount of bycatch, and the percentage of total 
        catch that is bycatch; and
            ``(E) any other relevant information.
    ``(3) The Secretary shall solicit comments on each list published 
under this subsection.
    ``(b) Identification of Fisheries With Most Urgent Bycatch 
Problems.--The Secretary shall--
            ``(1) identify those fisheries included in a list under 
        paragraph (1) that have the most urgent bycatch problems, based 
        on comments received regarding the list; and
            ``(2) work in conjunction with the Councils and fishing 
        industry participants to develop new fishing gear, or 
        modifications to existing fishing gear, that will help minimize 
        bycatch to the extent practicable.
    ``(c) Grant Authority.--The Secretary shall, subject to the 
availability of appropriations, make grants for the development of 
fishing gear and modifications to existing fishing gear that will 
help--
            ``(1) minimize bycatch; and
            ``(2) minimize adverse fishing gear impacts on habitat 
        areas of particular concern.
    ``(d) Report.--The Secretary shall report to the Congress annually 
on--
            ``(1) the amount expended to implement this section in the 
        preceding year;
            ``(2) developments in gear technology achieved under this 
        section;
            ``(3) the reductions in bycatch associated with 
        implementation of this section; and
            ``(4) any other relevant information.
    ``(e) Authorization of Appropriations.--To carry out this section 
there is authorized to be appropriated to the Secretary $10,000,000 for 
each of fiscal years 2003 through 2007.''.
            (2) Clerical amendment.--The table of contents in the first 
        section is amended by add at the end of the items relating to 
        title IV the following:

``Sec. 408. Gear development.''.

SEC. 10. FISH HABITAT RESEARCH AND PROTECTION.

    (a) Priority Research.--Section 404 (16 U.S.C. 1881c) is amended by 
adding at the end the following:
    ``(e) Priority for Research Regarding Overfished Fisheries.--In 
carrying out or funding fisheries research under this and other laws 
regarding essential fish habitat, the Secretary shall give priority to 
research to identify such habitat for fisheries that are overfished or 
approaching an overfished condition.''.
    (b) Required Provision in Fishery Management Plans.--Section 
303(a)(7) (16 U.S.C. 1853(a)(7)) is amended to read as follows:
            ``(7)(A) describe and identify essential fish habitat for 
        the fishery based on the guidelines established by the 
        Secretary under section 305(b)(1)(A);
            ``(B) minimize to the extent practicable adverse effects on 
        such habitat caused by fishing for those fisheries identified 
        by the Council as having available information on the growth, 
        reproduction, or survival rates within habitats or production 
        rates by habitat, or for those fisheries that the Council 
        determines the specific fishing activity effects on the 
        essential fish habitat jeopardize the ability of the fishery to 
        produce maximum sustained yield on a continuing basis;
            ``(C) minimize to the extent practicable adverse effects on 
        habitat areas of particular concern caused by fishing; and
            ``(D) identify other actions to encourage the conservation 
        and enhancement of such habitat;''.
    (c) Discretionary Provision in Fishery Management Plans.--Section 
303(b) (16 U.S.C. 1853(b)) is amended by striking ``and'' after the 
semicolon at the end of paragraph (11), by striking the period at the 
end of paragraph (12) and inserting a semicolon, and by adding at the 
end the following:
            ``(13) minimize to the extent practicable adverse effects 
        caused by fishing, on essential fish habitat described and 
        identified under section 303(a)(7)(A); and''.
    (d) Habitat Area of Particular Concern.--Section 3 (16 U.S.C. 1802) 
is amended by adding at the end the following:
            ``(46) The term `habitat area of particular concern' means 
        any discrete habitat area that is essential fish habitat and 
        that--
                    ``(A) provides important ecological functions;
                    ``(B) is sensitive to human-induced environmental 
                degradation; or
                    ``(C) is a rare habitat type.''.

SEC. 11. DEMONSTRATION PROGRAM FOR OYSTER SANCTUARIES AND RESERVES.

    (a) In General.--The Secretary of Commerce, through the National 
Oceanic and Atmospheric Administration Chesapeake Bay Office, shall 
develop a program for the design, construction, and placement of oyster 
sanctuaries or reserves consistent with the agreement known as the 
Chesapeake 2000 Agreement. The program shall be developed in 
conjunction with the Corps of Engineers, the Coast Guard, the 
Environmental Protection Agency, the State of Maryland, the 
Commonwealth of Virginia, the Oyster Recovery Partnership, the 
Chesapeake Bay Foundation, the Oyster Heritage Foundation, local 
commercial and recreational fishing organizations, the Port of 
Baltimore, the University of Maryland, the Virginia Institute of Marine 
Sciences, and other users of the waters of the Chesapeake Bay, as 
appropriate.
    (b) Artificial Structures or Reefs.--The program shall include the 
design, construction, and placement of artificial structures or reefs 
to act as beds for oyster production. The placement of these structures 
and reefs should be designed to maximize the production of oysters 
while minimizing conflicts with existing uses such as fishing or 
navigation. The structures and reefs shall be placed in areas which 
will not be hazards to navigation. The Secretary shall work with 
interested parties to ensure that all sites are adequately marked on 
navigation charts as appropriate.
    (c) Research Plan.--The Secretary shall develop a research plan for 
the placement of artificial structures and reefs under the program, 
including measurable goals and a monitoring program to determine the 
effectiveness of the structures and reefs in recovering native oyster 
populations.
    (d) No Fishing Regulations.--The Secretary shall recommend State 
regulations prohibiting fishing in the waters surrounding artificial 
structures or reefs placed under this section as necessary to ensure 
the reproduction of oysters on the structures and reefs. The 
restrictions may be seasonal in nature, and shall not apply in any area 
that is located more than 100 meters from such a structure or reef.
    (e) Restoration of Native Oysters.--The program shall use only 
native oyster species.
    (f) Report.--The Secretary of Commerce shall submit to the Congress 
annual reports on the program under this section.
    (g) Authorization of Appropriations.--
            (1) In general.--To carry out this section there is 
        authorized to be appropriated to the Secretary $5,000,000 for 
        each of fiscal years 2004 through 2009.
            (2) Limitation.--Not more than 5 percent of amounts 
        appropriated under this section may be available for 
        administrative expenses.

SEC. 12. INDIVIDUAL QUOTA LIMITED ACCESS PROGRAMS.

    (a) Authority To Establish Individual Quota Systems.--Section 
303(b)(6) (16 U.S.C. 1853(b)(6)) is amended to read as follows:
            ``(6) establish a limited access system for the fishery in 
        order to achieve optimum yields, if--
                    ``(A) in developing such system, the Councils and 
                the Secretary take into account--
                            ``(i) the need to promote conservation,
                            ``(ii) present participation in the 
                        fishery,
                            ``(iii) historical fishing practices in, 
                        and dependence on, the fishery,
                            ``(iv) the economics of the fishery,
                            ``(v) the capability of fishing vessels 
                        used in the fishery to engage in other 
                        fisheries,
                            ``(vi) the cultural and social framework 
                        relevant to the fishery and fishing 
                        communities, and
                            ``(vii) any other relevant considerations; 
                        and
                    ``(B) in the case of such a system that provides 
                for the allocation and issuance of individual quotas 
                (as that term is defined in subsection (d)), the system 
                complies with subsection (d).''.
    (b) Requirements.--Section 303(d) (16 U.S.C. 1853(d)) is amended--
            (1) by redesignating paragraphs (2), (3), (4), and (5) in 
        order as paragraphs (11), (12), (13), and (14);
            (2) in paragraph (12)(B), as so redesignated, by inserting 
        ``, including as a result of a violation of this Act or any 
        regulation prescribed under this Act'' before the semicolon;
            (3) by adding at the end the following:
            ``(15) As used in this subsection:
            ``(A) The term `individual quota system' means a system 
        that limits access to a fishery in order to achieve optimum 
        yields, through the allocation and issuance of individual 
        quotas.
            ``(B) The term `individual quota' means a grant of 
        permission to harvest or process a quantity of fish in a 
        fishery, during each fishing season for which the permission is 
        granted, equal to a stated percentage of the total allowable 
        catch for the fishery.''; and
            (4) by striking so much as precedes paragraph (11), as so 
        designated, and inserting the following:
    ``(d) Special Provisions for Individual Quota Systems.--(1) A 
fishery management plan for a fishery that is managed under a limited 
access system authorized by subsection (b)(6) may establish an 
individual quota system for the fishery in accordance with this 
subsection.
    ``(2) A fishery management plan that establishes an individual 
quota system for a fishery--
            ``(A) shall provide for administration of the system by the 
        Secretary in accordance with the terms of the plan;
            ``(B) shall include provisions that establish procedures 
        and requirements for each Council having authority over the 
        fishery, for--
                    ``(i) reviewing and revising the terms of the plan 
                that establish the system; and
                    ``(ii) renewing, reallocating, and reissuing 
                individual quotas if determined appropriate by each 
                Council;
            ``(C) shall include provisions to--
                    ``(i) provide for fair and equitable allocation of 
                individual quotas under the system, and minimize 
                negative social and economic impacts of the system on 
                fishing communities;
                    ``(ii) ensure adequate enforcement of the system, 
                including the use of observers where appropriate; and
                    ``(iii) provide for monitoring the temporary or 
                permanent transfer of individual quotas under the 
                system;
            ``(D) shall include provisions that prevent any person from 
        acquiring an excessive share of individual quotas issued for a 
        fishery; and
            ``(E) shall include measurable conservation goals.
    ``(3) An individual quota issued under an individual quota system 
established by a fishery management plan may be received, held, or 
transferred in accordance with regulations prescribed by the Secretary 
under this Act.
    ``(4)(A) Except as otherwise provided in this paragraph, any 
fishery management plan that establishes an individual quota system for 
a fishery may authorize individual quotas to be held by or issued under 
the system to fishing vessel owners, fishermen, crew members, fishing 
communities, other persons as specified by the Council, and United 
States fish processors.
    ``(B) An individual who is not a citizen of the United States may 
not hold an individual quota issued under a fishery management plan.
    ``(C) A Federal agency or official may not hold, administer, or 
reallocate an individual quota issued under a fishery management plan, 
other than the Secretary and the Council having authority over the 
fishery for which the individual quota is issued.
    ``(D)(i) A fishing community may not hold individual quotas under 
an individual quota system established under this subsection for a 
fishery that authorize harvest of more than the lesser of--
            ``(I) 1 percent of the total authorized harvest in the 
        fishery; or
            ``(II) a percentage of such total authorized harvest 
        established by the Council having jurisdiction over the 
        fishery.
    ``(ii) This subparagraph does not apply to a community that is 
eligible to participate in the western Alaska community development 
program or the western Pacific community development program, under 
section 305(i).
    ``(5) Any fishery management plan that establishes an individual 
quota system for a fishery may include provisions that--
            ``(A) allocate individual quotas under the system among 
        categories of vessels; and
            ``(B) provide a portion of the annual harvest in the 
        fishery for entry-level fishermen, small vessel owners, or crew 
        members who do not hold or qualify for individual quotas.
    ``(6) An individual quota system established for a fishery may be 
limited or terminated at any time by the Secretary or through a fishery 
management plan or amendment developed by the Council having authority 
over the fishery for which it is established, if necessary for the 
conservation and management of the fishery.
    ``(7)(A) A fishery management plan that establishes an individual 
quota system for a fishery--
            ``(i) must include measurable conservation goals; and
            ``(ii) to monitor achievement of such goals, may require 
        greater observer coverage or electronic data collection 
        technology on any vessel fishing under an individual quota 
        issued under the system.
    ``(B) Not later than 5 years after the date of the establishment of 
an individual quota system for a fishery under this section by a 
Council or the Secretary, and every 5 years thereafter, the Council or 
Secretary, respectively, shall review the effectiveness of the system 
in achieving the conservation goals required under this paragraph.
    ``(8)(A) The Secretary or a Council--
            ``(i) may not develop a proposal to establish an individual 
        quota system for a fishery, unless development of the proposal 
        has been approved by a referendum conducted in accordance with 
        this paragraph; and
            ``(ii) may not issue a proposed fishery management plan or 
        amendment to such a plan to establish such a system unless the 
        proposed plan or amendment, respectively, has been approved by 
        a referendum conducted in accordance with this paragraph.
    ``(B) The Secretary, at the request of a Council, shall conduct the 
referenda required by subparagraph (A). Each referendum with respect to 
a fishery shall be decided by a 60-percent majority of the votes cast 
by persons who are determined by the Council, based on guidelines 
developed by the Secretary, to be eligible to vote in the referendum.
    ``(C) The Secretary shall develop guidelines to determine 
procedures and voting eligibility requirements for referenda and to 
conduct such referenda in a fair and equitable manner.
    ``(9) Any individual quota system established under section 
303(b)(6) after the date of enactment of the Magnuson-Stevens Act 
Amendments of 2002, and any individual quota issued under such a 
system, shall not apply after the end of the 10-year period beginning 
on the date the system is established, or after the end of any 10-year 
period thereafter, unless the Council has reviewed and taken 
affirmative action to continue the system before the end of each such 
10-year period.''.
    (c) Fees.--Section 304(d) is amended--
            (1) in paragraph (2)(A) by striking ``any'' and all that 
        follows through ``(ii)'' and inserting ``any''; and
            (2) by adding at the end the following:
    ``(3)(A) Notwithstanding paragraph (1), the Secretary shall collect 
from a person that holds or transfers an individual quota issued under 
a limited access system established under section 303(b)(6) fees 
established by the Secretary in accordance with this section and 
section 9701(b) of title 31, United States Code.
    ``(B) The fees required to be established and collected by the 
Secretary under this paragraph are the following:
            ``(i) With respect to any initial allocation under a 
        limited access system established after the date of the 
        enactment of the Magnuson-Stevens Act Amendments of 2002, an 
        initial allocation fee in an amount, determined by the 
        Secretary, equal to 1 percent of the ex-vessel value of fish 
        authorized in one year under an individual quota, that shall be 
        collected from the person to whom the individual quota is first 
        issued.
            ``(ii) An annual fee in an amount, determined by the 
        Secretary, not to exceed 3 percent of the ex-vessel value of 
        fish authorized each year under an individual quota share, that 
        shall be collected from the holder of the individual quota 
        share.
            ``(iii) A transfer fee in an amount, determined by the 
        Secretary, equal to 1 percent of the ex-vessel value of fish 
        authorized each year under an individual quota share, that 
        shall be collected from a person who permanently transfers the 
        individual quota share to another person.
    ``(C) In determining the amount of a fee under this paragraph, the 
Secretary shall ensure that the amount is commensurate with the cost of 
managing the fishery with respect to which the fee is collected, 
including reasonable costs for salaries, data analysis, and other costs 
directly related to fishery management and enforcement.
    ``(D) The Secretary, in consultation with the Councils, shall 
promulgate regulations prescribing the method of determining under this 
paragraph the ex-vessel value of fish authorized under an individual 
quota share, the amount of fees, and the method of collecting fees.
    ``(E) Fees collected under this paragraph from holders of 
individual quotas in a fishery shall be an offsetting collection and 
shall be available to the Secretary only for the purposes of 
administering and implementing this Act with respect to that 
fishery.''.
    (d) Approval of Fishery Management Plans Establishing Individual 
Quota Systems.--Section 304 (16 U.S.C. 1854) is amended by adding at 
the end the following:
    ``(i) Action on Limited Access Systems.--(1) In addition to the 
other requirements of this Act, after the date of the enactment of the 
Magnuson-Stevens Act Amendments of 2002 the Secretary may not approve a 
fishery management plan that establishes a limited access system that 
provides for the allocation of individual quotas (in this subsection 
referred to as an `individual quota system') unless the plan complies 
with section 303(d).
    ``(2) The Secretary shall issue regulations that establish 
requirements for establishing an individual quota system. The 
regulations shall--
            ``(A) specify factors that shall be considered by a Council 
        in determining whether a fishery should be managed under an 
        individual quota system;
            ``(B) ensure that any individual quota system is consistent 
        with the requirements of sections 303(a) and 303(d), and 
        require the collection of fees in accordance with subsection 
        (d)(3) of this section;
            ``(C) provide for appropriate penalties for violations of 
        individual quotas systems, including the suspension or 
        revocation of individual quotas for such violations;
            ``(D) include recommendations for potential management 
        options related to individual quotas, including the 
        authorization of individual quotas that may not be transferred 
        by the holder, and the use of leases or auctions by the Federal 
        Government in the establishment or allocation of individual 
        quotas; and
            ``(E) establish a central lien registry system for the 
        identification, perfection, and determination of lien 
        priorities, and nonjudicial foreclosure of encumbrances, on 
        individual quotas.''.
    (e) Restriction on New Individual Quota Systems Pending 
Regulations.--
            (1) Restriction.--The Secretary of Commerce may not approve 
        any covered quota system plan, and no covered quota system plan 
        shall take effect, under title III of the Magnuson-Stevens 
        Fishery Conservation and Management Act, before the effective 
        date of regulations issued by the Secretary under section 
        304(i) of that Act, as added by subsection (d) of this section.
            (2) Covered quota system plan defined.--In this subsection, 
        the term ``covered quota system plan'' means a fishery 
        management plan or amendment to a fishery management plan, 
        that--
                    (A) proposes establishment of an individual quota 
                system (as that term is used in section 303(d) of the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act, as amended by this section); and
                    (B) is not approved by the Secretary before May 1, 
                2002.
    (f) Existing Quota Plans.--Nothing in this Act or the amendments 
made by this Act shall be construed to require a reallocation of 
individual fishing quotas under any individual fishing quota program 
approved by the Secretary of Commerce before May 1, 2002.

SEC. 13. COOPERATIVE EDUCATION AND RESEARCH.

    (a) Discretionary Provisions in Fishery Management Plans.--Section 
303(b) (16 U.S.C. 1853(b)) is further amended by striking ``and'' after 
the semicolon at the end of paragraph (11), by striking the period at 
the end of paragraph (12) and inserting a semicolon, and by adding at 
the end the following:
            ``(14) include provisions to create a cooperative research 
        component including the use of commercial or charter vessels 
        for the gathering of data on stock abundance, composition, 
        distribution, or other relevant information important for the 
        implementation of the plan.''.
    (b) Black Sea Bass.--Section 404 (16 U.S.C. 1881c) is amended by 
adding at the end the following:
    ``(f) Black Sea Bass Cooperative Research Program.--The Secretary, 
through the New England Fisheries Science Center, shall develop and 
implement a cooperative stock assessment program, using vessels from 
the commercial black sea bass fishing industry if appropriate and 
available. This cooperative program shall include research on the range 
of the stock, a determination as to whether there is more than one 
stock, and a black sea bass genetic study to determine whether there is 
more than one stock of such species requiring different management 
regimes.''.

SEC. 14. REPORT ON HIGHLY MIGRATORY SPECIES.

    Section 102 (16 U.S.C. 1812) is amended--
            (1) by inserting ``(a) In General.--'' before ``The United 
        States''; and
            (2) by adding at the end the following:
    ``(b) Annual Report.--The Secretary shall, within one year after 
the date of the enactment of this subsection and annually thereafter, 
report to the Congress on--
            ``(1) any nation that is fishing for Atlantic highly 
        migratory species and is not in compliance with the fishery 
        conservation and management provisions or any rebuilding 
        recommendations or provisions enacted by the international body 
        charged with developing such measures; and
            ``(2) any recommendations for addressing those nations 
        identified under paragraph (1) and actions the United States 
        might take to ensure such compliance by such nations.''.

SEC. 15. PROHIBITED ACTS.

    Section 307 (16 U.S.C. 1857) is amended by striking ``and'' after 
the semicolon at the end of paragraph (4), by striking the period at 
the end of paragraph (5) and inserting ``; and'', and by adding at the 
end the following:
    ``(6) to sell or purchase any fish caught in recreational 
fishing.''.

SEC. 16. MEMBERSHIP OF FISHERY MANAGEMENT COUNCILS.

    (a) New England Council.--Section 302(a)(1)(A) (16 U.S.C. 
1852(a)(1)(A)) is amended by--
            (1) inserting ``New York,'' after ``Massachusetts,''; and
            (2) striking ``18'' and inserting ``19''.
    (b) Additional Member of Each Council.--Section 302 (16 U.S.C. 
1852) is further amended as follows:
            (1) In subsection (a)(1)(A)--
                    (A) by striking ``19'' and inserting ``20'';
                    (B) by striking ``12'' and inserting ``13''; and
                    (C) by inserting before the period the following: 
                ``and including one appointed by the Secretary in 
                accordance with subsection (b)(6)''.
            (2) In subsection (a)(1)(B)--
                    (A) by striking ``21'' and inserting ``22'';
                    (B) by striking ``13'' and inserting ``14''; and
                    (C) by inserting before the period the following: 
                ``and including one appointed by the Secretary in 
                accordance with subsection (b)(6)''.
            (3) In subsection (a)(1)(C)--
                    (A) by striking ``13'' and inserting ``14'';
                    (B) by striking ``8'' and inserting ``9''; and
                    (C) by inserting before the period the following: 
                ``and including one appointed by the Secretary in 
                accordance with subsection (b)(6)''.
            (4) In subsection (a)(1)(D)--
                    (A) by striking ``7'' and inserting ``8'';
                    (B) by striking ``4'' and inserting ``5''; and
                    (C) by inserting before the period the following: 
                ``and including one appointed by the Secretary in 
                accordance with subsection (b)(6)''.
            (5) In subsection (a)(1)(E)--
                    (A) by striking ``17'' and inserting ``18'';
                    (B) by striking ``11'' and inserting ``12''; and
                    (C) by inserting before the period the following: 
                ``and including one appointed by the Secretary in 
                accordance with subsection (b)(6)''.
            (6) In subsection (a)(1)(F)--
                    (A) by striking ``14'' and inserting ``15'';
                    (B) by striking ``8'' and inserting ``9'';
                    (C) by inserting ``by the Secretary'' after 
                ``including one appointed''; and
                    (D) by inserting before the period the following: 
                ``and one appointed by the Secretary in accordance with 
                subsection (b)(6)''.
            (7) In subsection (a)(1)(G)--
                    (A) by striking ``11'' and inserting ``12'';
                    (B) by striking ``7'' and inserting ``8''; and
                    (C) by inserting before the period the following: 
                ``and including one appointed by the Secretary in 
                accordance with subsection (b)(6)''.
            (8) In subsection (a)(1)(H)--
                    (A) by striking ``13'' and inserting ``14'';
                    (B) by striking ``8'' and inserting ``9''; and
                    (C) by inserting before the period the following: 
                ``and including one appointed by the Secretary in 
                accordance with subsection (b)(6)''.
            (9) In subsection (b)--
                    (A) by redesignating paragraph (6) as paragraph 
                (7);
                    (B) in paragraph (7), as so redesignated, by 
                striking ``paragraphs (2) or (5)'' and inserting 
                ``paragraph (2), (5), or (6)''; and
                    (C) by inserting after paragraph (5) the following:
    ``(6) The member of each Council who is required to be appointed in 
accordance with this paragraph--
            ``(A) shall not be an individual who is directly employed 
        by, or receives a majority of his or her livelihood from, the 
        commercial, charter, or recreational fishing community; and
            ``(B) shall be appointed without regard to subsections (B) 
        and (C) of paragraph (2).''.

SEC. 17. MISCELLANEOUS AMENDMENTS TO PURPOSES AND POLICY.

    Section 2 (16 U.S.C. 1801) is amended--
            (1) in subsection (b)(6) by inserting ``ecologically 
        sound'' after ``to encourage the''; and
            (2) in subsection (c)(6) by inserting ``restore,'' after 
        ``to foster''.

SEC. 18. FOREIGN FISHING.

    Section 201(e)(1)(E) (16 U.S.C. 1821(e)(1)(E)) is amended--
            (1) in clause (iii) by inserting ``and compliance with and 
        enforcement of international fishing agreements and treaties'' 
        after ``fishing regulations''; and
            (2) in clause (vii) by inserting ``, conservation,'' after 
        ``fishery research''.

SEC. 19. DRIFTNETS.

    Section 206(c)(1) (16 U.S.C. 1826(c)(1)) is amended by inserting 
before the semicolon at the end the following: ``and comply with any 
further action or resolution adopted by the United Nations on large-
scale driftnet fishing to which the United States is a signatory.''.

SEC. 20. SOURCES FOR DATA IN FISHERIES RESEARCH.

    Section 404(a) (16 U.S.C. 1881c(a)) is amended by adding at the end 
the following: ``The program shall acquire such knowledge and data 
using both fishery-dependent and fishery-independent data sources.''.

SEC. 21. MISCELLANEOUS FISHERY PROTECTIONS IN FISHERY MANAGEMENT PLANS.

    Section 303(b) (16 U.S.C. 1853(b)) is amended by striking ``and'' 
after the semicolon at the end of paragraph (11), by striking the 
period at the end of paragraph (12) and inserting a semicolon, and by 
adding at the end the following:
            ``(13) designate closed areas, seasonal closures, time 
        closures, gear restrictions, or other methods for limiting 
        impacts on habitat, limiting bycatch impacts of gear, or 
        limiting fishing impact on spawning congregations in specific 
        geographic areas.''.

SEC. 22. COOPERATIVE MARINE EDUCATION AND RESEARCH PROGRAM.

    (a) Program.--The Secretary of Commerce may enter into cooperative 
agreements with universities and institutions of higher learning in 
order to conduct research in areas that support conservation and 
management of living marine resources.
    (b) Included Research.--Research conducted under the program may 
include biological research concerning--
            (1) the abundance and life history parameters of stocks of 
        fish;
            (2) the interdependence of fisheries or stocks of fish and 
        other ecosystem components; and
            (3) the linkages between fish habitat and fish production 
        and abundance.

SEC. 23. AUTHORIZATION OF APPROPRIATIONS.

    Section 4 (16 U.S.C. 1893) is amended to read as follows:

``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary for the 
purposes of carrying out the provisions of this Act, not to exceed the 
following sums:
            ``(1) $200,500,000 for fiscal year 2003;
            ``(2) $214,000,000 for fiscal year 2004;
            ``(3) $222,000,000 for fiscal year 2005;
            ``(4) $230,000,000 for fiscal year 2006; and
            ``(5) $238,000,000 for fiscal year 2007.''.
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