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

                                                 Union Calendar No. 466
107th CONGRESS
  2d Session
                                H. R. 4749

                          [Report No. 107-746]

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

                            October 11, 2002

                    Additional sponsor: Mr. Cooksey

                            October 11, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 16, 
                                 2002]

_______________________________________________________________________

                                 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; TABLE OF CONTENTS; AMENDMENT REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Magnuson-Stevens 
Act Amendments of 2002''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents; amendment references.
Sec. 2. Technical corrections to definitions.
Sec. 3. Report on over capitalization.
Sec. 4. Buyout provisions.
Sec. 5. Data collection.
Sec. 6. Ecosystem-based management.
Sec. 7. Observers.
Sec. 8. Overfishing.
Sec. 9. Bycatch and seabird interactions.
Sec. 10. Fish habitat research and protection.
Sec. 11. Demonstration program for oyster sanctuaries and reserves.
Sec. 12. Individual quota limited access programs.
Sec. 13. Cooperative education and research.
Sec. 14. Report on highly migratory species.
Sec. 15. Prohibited acts.
Sec. 16. Membership of fishery management councils.
Sec. 17. Miscellaneous amendments to purposes and policy.
Sec. 18. Foreign fishing.
Sec. 19. Driftnets.
Sec. 20. Sources for data in fisheries research.
Sec. 21. Miscellaneous fishery protections in fishery management plans.
Sec. 22. Cooperative marine education and research program.
Sec. 23. Assessment of cumulative impacts of conservation and 
                            management measures for a fishery.
Sec. 24. Regional stock assessments.
Sec. 25. National Academy of Sciences guidance and standards regarding 
                            best scientific information available.
Sec. 26. National Academy of Sciences definition of maximum sustainable 
                            yield.
Sec. 27. Administration of Pacific Insular Area fishery agreements.
Sec. 28. Highly migratory species bycatch mortality reduction research 
                            program.
Sec. 29. Authorization of appropriations.
    (c) 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 the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.).

SEC. 2. TECHNICAL CORRECTIONS TO DEFINITIONS.

    (a) Execution of Prior Amendments.--
            (1) Continental shelf fishery resources.--Section 102(2) of 
        the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 
        3561) is amended--
                    (A) by striking ``COELENTERATA'' and inserting 
                ``Coelenterata'';
                    (B) by striking ``CNIDARIA'' and inserting 
                ``Cnidaria''; and
                    (C) by striking ``CRUSTACEA'' and inserting 
                ``Crustacea''.
            (2) United states harvested fish.--Section 102(11) of the 
        Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3563) 
        is amended by striking ``(42)'' and inserting ``(43)''.
            (3) Effective date.--This subsection shall take effect on 
        the effective date of section 102 of Public Law 104-297.
    (b) Corrections Relating to Special Areas.--Section 3 (16 U.S.C. 
1802) is amended--
            (1) by striking paragraphs (35) and (36);
            (2) by redesignating paragraphs (37) through the last 
        paragraph (relating to the definition of ``waters of a foreign 
        nation'') in order as paragraphs (35) through (44);
            (3) by inserting ``(a) General Definitions.--'' before ``As 
        used in this Act''; and
            (4) by adding at the end the following:
    ``(b) Terms Relating to Agreement With the Former Soviet Union.--As 
used in this Act 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.''.

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:
    ``(6) 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 principal 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) Other Contents.--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 (16 U.S.C. 1802) is 
further amended by amending paragraph (29) of subsection (a) 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 adding at the end 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.''.
    (c) National Academy of Sciences Definition of Overfished.--
            (1) In general.--The Secretary of Commerce shall enter into 
        an arrangement with the National Academy of Sciences under 
        which the Academy shall develop a definition of ``overfished'' 
        for purposes of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.). The Academy shall 
        consider the definition of the term in that Act (as amended by 
        this Act) and the National Marine Fisheries Service operational 
        definition of the term. The Academy shall also consider 
        environmental variability and other factors that contribute to 
        low abundance of fish stocks.
            (2) Publication and opportunity for comment.--The Secretary 
        shall publish the results of the activities of the Academy 
        under paragraph (1) and provide an opportunity for the 
        submission of comments regarding the definition developed under 
        paragraph (1).

SEC. 9. BYCATCH AND SEABIRD INTERACTIONS.

    (a) Bycatch Reporting.--
            (1) Repeal of standardized bycatch reporting methodology 
        requirement.--Section 303(a)(11) (16 U.S.C. 1853(a)(11)) is 
        amended in the matter preceding subparagraph (A) by striking 
        ``establish'' and all that follows through ``fishery, and''.
            (2) Development of bycatch reporting methodologies.--
        Section 304 (16 U.S.C. 1854) is amended by adding at the end 
        the following:
    ``(i) Development of Bycatch Reporting Methodologies.--The 
Secretary shall, in cooperation with the Councils, develop bycatch 
reporting methodologies to assess the amount and type of bycatch 
occurring in United States fisheries.''.
            (3) Report.--The Secretary of Commerce shall report to the 
        Congress within one year after the date of the enactment of 
        this Act on progress the Secretary has made in developing 
        bycatch reporting methodologies pursuant to the amendment made 
        by paragraph (2).
    (b) 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 a semicolon, 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 equally effective 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;''.
    (c) 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 and 
Seabird Interaction 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 or seabird interaction 
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 and species of seabirds that 
        interact with fishing gear;
            ``(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 Problems.--The 
Secretary shall--
            ``(1) identify those fisheries included in a list under 
        paragraph (1) that have the most urgent bycatch problems or 
        seabird interaction 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 and seabird interactions 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 seabird interactions; 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 adding at the end of the items relating 
        to title IV the following:

``Sec. 408. Gear development.''.
    (d) Report.--The Secretary of Commerce shall report to the Congress 
within one year after the date of the enactment of this Act on--
            (1) the extent of the problem of seabird interaction with 
        fisheries of the United States;
            (2) efforts by the fishing industry and Regional Fishery 
        Management Councils to address that problem; and
            (3) the extent of the problem of seabird interaction with 
        fisheries other than the fisheries of the United States.
    (e) International Action.--The Secretary of Commerce shall take 
appropriate action at appropriate international fisheries management 
bodies to reduce seabird interactions in fisheries.

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 further amended by adding after paragraph 
(13) the following:
            ``(14) minimize to the extent practicable adverse effects 
        caused by fishing, on essential fish habitat described and 
        identified under section 303(a)(7)(A);''.
    (d) Habitat Area of Particular Concern Defined.--Section 3 (16 
U.S.C. 1802) is further amended in subsection (a) by redesignating 
paragraphs (19) through (44) in order as paragraphs (20) through (45), 
and by inserting after paragraph (18) the following:
            ``(19) The term `habitat area of particular concern' means 
        a 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 United States Fish and Wildlife 
Service, 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 Port of Hampton Roads, the 
University of Maryland, the Virginia Institute of Marine Sciences, and 
other users of the waters of the Chesapeake Bay, as appropriate.
    (b) Structures.--The program shall include the design, 
construction, placement, and restoration of structures, including reefs 
and bars, to act as beds for oyster production. The structures should 
be designed to maximize the production of oysters while minimizing 
conflicts with existing uses such as fishing or navigation. The 
structures shall be placed in areas in which they 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, 
consistent with efforts to implement the Chesapeake 2000 Agreement, for 
the placement of structures under the program, including measurable 
goals and a monitoring program to determine the effectiveness of the 
structures in recovering native oyster populations.
    (d) Fishing Regulations.--The Secretary shall recommend State 
regulations restricting fishing in the waters surrounding structures 
placed under this section as necessary to ensure the reproduction of 
oysters on the structures. 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.
    (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 (10), (11), (12), and  (13), and by moving 
such paragraphs 2 ems to the left;
            (2) in paragraph (11)(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:
    ``(14) 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 a quantity of fish in a fishery or 
        process such fish which are under the jurisdiction of the North 
        Pacific Management Council, 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 (10), as so 
        redesignated, 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 under the jurisdiction of the North Pacific 
Fishery Management Council.
    ``(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 further amended by 
adding at the end the following:
    ``(j) 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(j) 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 adding after paragraph 
(14) the following:
            ``(15) 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; and''.
    (b) Black Sea Bass.--Section 404 (16 U.S.C. 1881c) is further 
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.

    (a) Annual Report.--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.''.
    (b) National Academy of Sciences Review.--
            (1) In general.--The Secretary of Commerce shall enter into 
        an arrangement with the National Academy of Sciences under 
        which the Academy shall--
                    (A) review the adequacy of existing measures 
                (including closures) to protect Atlantic white marlin; 
                and
                    (B) make recommendations to the Congress and the 
                Secretary, regarding future conservation measures for 
                Atlantic white marlin, if warranted.
            (2) Fishing in mid-atlantic bight.--The review shall 
        examine, in particular, the effects of fishing in the Mid-
        Atlantic Bight.
            (3) Report.--The Academy shall report to the Congress and 
        the Secretary regarding the review and recommendations under 
        this subsection within 2 years after the date of the enactment 
        of this Act.

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 the last sentence of 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 the last sentence of 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 the last sentence of 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 the last sentence of 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 the last sentence of 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 the last sentence of 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 the last sentence of 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)''.
            (8) 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 subparagraphs 
        (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 further amended by adding 
after paragraph (15) the following:
            ``(16) designate closed areas, seasonal closures, time/area 
        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. ASSESSMENT OF CUMULATIVE IMPACTS OF CONSERVATION AND 
              MANAGEMENT MEASURES FOR A FISHERY.

    Section 303(a)(9)(A) (16 U.S.C. 1853(a)(9)(A)) is amended by 
inserting before the semicolon the following: ``, as well as the 
cumulative impacts on such participants and communities of conservation 
and management measures for that fishery under other fishery management 
plans and regulations''.

SEC. 24. REGIONAL STOCK ASSESSMENTS.

    (a) In General.--Title IV (16 U.S.C. 1881 et seq.) is further 
amended by adding at the end the following:

``SEC. 409. REGIONAL STOCK ASSESSMENTS.

    ``(a) In General.--The Secretary shall conduct periodic regional 
assessments of stocks of fish.
    ``(b) Independent Review.--The Secretary shall ensure that each 
periodic assessment under this section is independently reviewed in a 
manner that--
            ``(1) will not delay the process of providing to Regional 
        Fishery Management Councils current assessments for use in 
        managing fisheries; and
            ``(2) is as transparent as possible, so that the regulated 
        community can provide input during the review process.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is further amended by adding at the end of the items relating to title 
IV the following:

``Sec. 409. Regional stock assessments.''.

SEC. 25. NATIONAL ACADEMY OF SCIENCES GUIDANCE AND STANDARDS REGARDING 
              BEST SCIENTIFIC INFORMATION AVAILABLE.

    (a) In General.--The Secretary of Commerce shall enter into an 
arrangement with the National Academy of Sciences under which the 
Academy shall by not later than 1 year after the date of the enactment 
of this Act, develop guidance and standards for determining what should 
be considered the best scientific information available for purposes of 
sections 2(c)(3) and 301(a)(2) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801(c)(3), 1851(a)(2)).
    (b) Factors Considered.--Guidance and standards developed under 
subsection (a) shall take into consideration--
            (1) the need for relevance and timeliness of information; 
        and
            (2) how to treat the use of gray literature and anecdotal 
        information.
    (c) Publication and Opportunity for Comment.--The Secretary shall 
publish the results of the activities of the Academy under subsection 
(a) and provide an opportunity for the submission of comments regarding 
the definition developed under subsection (a)(1).

SEC. 26. NATIONAL ACADEMY OF SCIENCES DEFINITION OF MAXIMUM SUSTAINABLE 
              YIELD.

    (a) In General.--The Secretary of Commerce shall enter into an 
arrangement with the National Academy of Sciences under which the 
Academy shall--
            (1) develop a definition of the term ``maximum sustainable 
        yield'' for purposes of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.), that 
        considers environmental variability; and
            (2) examine the use of alternatives for calculating 
        sustainable harvest levels in cases in which maximum 
        sustainable yield cannot be calculated or is not appropriate.
    (b) Publication and Opportunity for Comment.--The Secretary shall 
publish the results of the activities of the Academy under subsection 
(a) and provide an opportunity for the submission of comments regarding 
the definition developed under subsection (a)(1).

SEC. 27. ADMINISTRATION OF PACIFIC INSULAR AREA FISHERY AGREEMENTS.

    Section 204(e)(6) (16 U.S.C. 1824(e)(6)) is amended in the matter 
preceding subparagraph (A) by striking ``into'' and all that follows 
through ``to the'' the first place it appears and inserting ``into 
the''.

SEC. 28. HIGHLY MIGRATORY SPECIES BYCATCH MORTALITY REDUCTION RESEARCH 
              PROGRAM.

    (a) Establishment of a Program.--(1) There is established within 
the National Marine Fisheries Service a pelagic longline highly 
migratory species bycatch and mortality reduction research program. The 
Program shall be developed by a design team established by the 
Secretary of Commerce. The Program design shall be submitted to the 
Secretary no later than 120 days after the first meeting of the design 
team and shall include a statistically significant recommendation for 
the level of observer coverage on pelagic longline fishing vessels that 
is necessary to monitor the fishery effectively and participate in the 
research program. The design team shall be available as a resource to 
the Secretary throughout the research and the development of the 
recommendations.
    (2) The program shall identify and test a variety of pelagic 
longline fishing gear configurations and uses and determine which of 
those configurations and uses are the most effective in reducing highly 
migratory species mortality. The program shall place an emphasis on 
determining the gear configurations and uses that are the most 
effective in reducing blue and white marlin mortality in the exclusive 
economic zone of the United States in the Atlantic Ocean. The program 
shall also include a provision for observers to be placed on pelagic 
longline fishing vessels for the purposes of monitoring the fishery and 
participating in the research program.
    (3) The highly migratory species program shall conduct research to 
determine the impact of existing time and area closures designed to 
reduce the bycatch of longline vessels. The program shall focus on 
whether existing closures should be modified to decrease bycatch by 
longline vessels and shall determine what adjustments to the existing 
boundaries and temporal constraints should be made as a result of any 
research. Any vessel participating in the program shall be provided an 
observer by the National Marine Fisheries Service. The full cost of the 
observer and any incidental costs to the vessel as a result of being 
included in the research program shall be paid for by the National 
Marine Fisheries Service. The National Marine Fisheries Service may 
authorize, without notice and comment, scientific research permits 
authorizing a vessel to enter and fish in any closed area in the 
Atlantic Ocean so long as there is 100 percent observer coverage and 
the activities of the vessel  are in furtherance of the research 
program. Access to any closed area may be granted only after 
consideration of the scientific need for access.
    (b) Design Team.--(1) Knowledgeable members of the pelagic longline 
fishing sector, the recreational billfish and tuna sector, and the 
conservation community, along with scientists associated with each such 
entity, shall be appointed by the Secretary to the program design team. 
Each of the sectors shall to the extent practicable be fairly 
represented on the design team. The design team shall not exceed nine 
members only one of which may be an employee of the Federal Government. 
The design team shall select a chairman and establish its own rules of 
operation. Each member of the design team who is not employed by the 
Federal Government shall be compensated in the manner provided for 
members of a Fishery Management Council under section 302(d) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1852(d)).
    (2) The design team shall not be considered to be an advisory 
committee for the purposes of the Federal Advisory Committee Act (5 
U.S.C. App.), but shall hold its deliberations in meetings for which 
prior noticed is published in the Federal Register and that are open to 
the public.
    (c) Mid-Atlantic Conservation Zone for Highly Migratory Species.--
Section 304(g) (16 U.S.C. 1854(g)) is amended by adding at the end the 
following:
            ``(3) Mid-atlantic conservation zone for highly migratory 
        species.--
                    ``(A) No person shall engage in pelagic longline 
                fishing--
                            ``(i) in the lower mid-Atlantic 
                        Conservation Zone in the period beginning 
                        August 15 and ending October 1 each year; or
                            ``(ii) in the upper mid-Atlantic 
                        Conservation Zone in the period beginning July 
                        15 and ending September 1 each year.
                    ``(B) In this paragraph the term `lower mid-
                Atlantic Conservation Zone' means the area that is 
                enclosed by a series of geodesics connecting in 
                succession the points at the following coordinates:
                            ``(i) 36 degrees 30 minutes north latitude, 
                        75 degrees 0 minutes west longitude.
                            ``(ii) 37 degrees 0 minutes north latitude, 
                        75 degrees 0 minutes west longitude.
                            ``(iii) 38 degrees 0 minutes north 
                        latitude, 74 degrees 0 minutes west longitude.
                            ``(iv) 38 degrees 0 minutes north latitude, 
                        73 degrees 0 minutes west longitude.
                            ``(v) 37 degrees 0 minutes north latitude, 
                        74 degrees 0 minutes west longitude.
                            ``(vi) 36 degrees 30 minutes north 
                        latitude, 75 degrees 0 minutes west longitude.
                    ``(C) In this paragraph the term `upper mid-
                Atlantic Conservation Zone' means the area that is 
                enclosed by a series of geodesics connecting in 
                succession the points at the following coordinates:
                            ``(i) 38 degrees 0 minutes north latitude, 
                        74 degrees 0 minutes west longitude.
                            ``(ii) 40 degrees 0 minutes north latitude, 
                        72 degrees 0 minutes west longitude.
                            ``(iii) 39 degrees 0 minutes north 
                        latitude, 72 degrees 0 minutes west longitude.
                            ``(iv) 38 degrees 0 minutes north latitude, 
                        73 degrees 0 minutes west longitude.
                            ``(v) 38 degrees 0 minutes north latitude, 
                        74 degrees 0 minutes west longitude.
                    ``(D) This paragraph shall not apply after the end 
                of the 4-year period beginning on the date of the 
                enactment of this paragraph.''.
    (d) Report to Congress.--The Secretary of Commerce shall submit to 
the Committee on Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate--
            (1) an interim report of the findings of the research 
        conducted under this section within two years after the date of 
        enactment of this Act; and
            (2) a final report with the necessary regulatory documents 
        to initiate implementation of any adjustments to time and area 
        closures, gear configurations, or fishing techniques warranted 
        as a result of the research.
    (e) Authorization of Appropriations.--For research under this 
section there is authorized to be appropriated to the Secretary of 
Commerce $5,000,000 for fiscal years 2003 through 2007.

SEC. 29. 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:
            ``(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.''.




                                                 Union Calendar No. 466

107th CONGRESS

  2d Session

                               H. R. 4749

                          [Report No. 107-746]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 11, 2002

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