[Congressional Record Volume 142, Number 130 (Thursday, September 19, 1996)]
[Senate]
[Pages S10913-S10931]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BUDGETARY TREATMENT OF LOAN GUARANTEE PROGRAMS
Mr. DOMENICI. Mr. President, title III of S. 39, the Fisheries
Financing Act, creates a new loan guarantee program and makes some
changes to existing credit programs. Under the Federal Credit Reform
Act of 1990, we reformed the budgetary treatment of Federal direct loan
and loan guarantee programs to make sure we accurately reflected the
costs of all these programs in the Federal budget. As a new credit
program, this program will be governed under the terms of the Federal
Credit Reform Act.
Mr. STEVENS. Mr. President, parliamentary inquiry.
The PRESIDING OFFICER. The Senator from Alaska.
Mr. STEVENS. Have we disposed of all matters that were covered by the
time agreement?
The PRESIDING OFFICER. Without objection, the committee substitute is
agreed to.
The committee substitute was agreed to.
The PRESIDING OFFICER. The bill will be read for the third time.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. STEVENS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. STEVENS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. STEVENS. Mr. President, we have been waiting for one Senator, but
we have waited a long time. I do ask unanimous consent now that there
be a period after the vote of about, say, 10 minutes for Members who
wish to make statements concerning this bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. STEVENS. Mr. President, this bill took 5 years, from 1971 to
1976, to pass--the original bill. This one has been worked out in a
very short period of time due to the total agreement of everyone
concerned. I am thankful for that. I thank my good friend from
Massachusetts in particular.
Mr. KERRY. Mr. President, I join my colleague in expressing gratitude
for the bipartisan effort to bring forth this bill. As Senator Stevens
said yesterday, this is the most important conservation measure we will
pass in this session, and I am grateful we are able to do it in a
bipartisan way.
I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The question is, Shall the bill pass? The yeas
and nays have been ordered. The clerk will call the roll.
The bill clerk called the roll.
The result was announced--yeas 100, nays 0, as follows:
[Rollcall Vote No. 295 Leg.]
YEAS--100
Abraham
Akaka
Ashcroft
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Bradley
Breaux
Brown
Bryan
Bumpers
Burns
Byrd
Campbell
Chafee
Coats
Cochran
Cohen
Conrad
Coverdell
Craig
D'Amato
Daschle
DeWine
Dodd
Domenici
Dorgan
Exon
Faircloth
Feingold
Feinstein
Ford
Frahm
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Harkin
Hatch
Hatfield
Heflin
Helms
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnston
Kassebaum
Kempthorne
Kennedy
Kerrey
Kerry
Kohl
Kyl
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Nunn
Pell
Pressler
Pryor
Reid
Robb
Rockefeller
Roth
Santorum
Sarbanes
Shelby
Simon
Simpson
Smith
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Warner
Wellstone
Wyden
The bill (S. 39), as amended, was passed, as follows:
S. 39
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Sustainable Fisheries Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson Fishery Conservation and Management Act.
TITLE I--CONSERVATION AND MANAGEMENT
Sec. 101. Findings; purposes; policy.
Sec. 102. Definitions.
Sec. 103. Authorization of appropriations.
Sec. 104. Highly migratory species.
Sec. 105. Foreign fishing and international fishery agreements.
Sec. 106. National standards.
Sec. 107. Regional fishery management councils.
Sec. 108. Fishery management plans.
Sec. 109. Action by the Secretary.
Sec. 110. Other requirements and authority.
Sec. 111. Pacific community fisheries.
Sec. 112. State jurisdiction.
Sec. 113. Prohibited acts.
Sec. 114. Civil penalties and permit sanctions; rebuttable
presumptions.
Sec. 115. Enforcement.
Sec. 116. Transition to sustainable fisheries.
Sec. 117. North Pacific and northwest Atlantic Ocean fisheries.
TITLE II--FISHERY MONITORING AND RESEARCH
Sec. 201. Change of title.
Sec. 202. Registration and information management.
Sec. 203. Information collection.
Sec. 204. Observers.
Sec. 205. Fisheries research.
Sec. 206. Incidental harvest research.
Sec. 207. Miscellaneous research.
Sec. 208. Study of contribution of bycatch to charitable organizations.
Sec. 209. Study of identification methods for harvest stocks.
Sec. 210. Review of Northeast fishery stock assessments.
Sec. 211. Clerical amendments.
TITLE III--FISHERIES FINANCING
Sec. 301. Short title.
[[Page S10914]]
Sec. 302. Individual fishing quota loans.
Sec. 303. Fisheries financing and capacity reduction.
TITLE IV--MARINE FISHERY STATUTE REAUTHORIZATIONS
Sec. 401. Marine fish program authorization of appropriations.
Sec. 402. Interjurisdictional Fisheries Act amendments.
Sec. 403. Anadromous fisheries amendments.
Sec. 404. Atlantic coastal fisheries amendments.
Sec. 405. Technical amendments to maritime boundary agreement.
Sec. 406. Amendments to the Fisheries Act.
SEC. 2. AMENDMENT OF MAGNUSON FISHERY CONSERVATION AND
MANAGEMENT ACT.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
TITLE I--CONSERVATION AND MANAGEMENT
SEC. 101. FINDINGS; PURPOSES; POLICY.
Section 2 (16 U.S.C. 1801) is amended--
(1) by striking subsection (a)(2) and inserting the
following:
``(2) Certain stocks of fish have declined to the point
where their survival is threatened, and other stocks of fish
have been so substantially reduced in number that they could
become similarly threatened as a consequence of (A) increased
fishing pressure, (B) the inadequacy of fishery resource
conservation and management practices and controls, or (C)
direct and indirect habitat losses which have resulted in a
diminished capacity to support existing fishing levels.'';
(2) by inserting ``to facilitate long-term protection of
essential fish habitats,'' in subsection (a)(6) after
``conservation,'';
(3) by adding at the end of subsection (a) the following:
``(9) One of the greatest long-term threats to the
viability of commercial and recreational fisheries is the
continuing loss of marine, estuarine, and other aquatic
habitats. Habitat considerations should receive increased
attention for the conservation and management of fishery
resources of the United States.
``(10) Pacific Insular Areas contain unique historical,
cultural, legal, political, and geographical circumstances
which make fisheries resources important in sustaining their
economic growth.'';
(4) by striking ``principles;'' in subsection (b)(3) and
inserting ``principles, including the promotion of catch and
release programs in recreational fishing;'';
(5) by striking ``and'' after the semicolon at the end of
subsection (b)(5);
(6) by striking ``development.'' in subsection (b)(6) and
inserting ``development in a non-wasteful manner; and'';
(7) by adding at the end of subsection (b) the following:
``(7) to promote the protection of essential fish habitat
in the review of projects conducted under Federal permits,
licenses, or other authorities that affect or have the
potential to affect such habitat.'';
(8) in subsection (c)(3)--
(A) by striking ``promotes'' and inserting ``considers'';
and
(B) by inserting ``minimize bycatch and'' after ``practical
measures that'';
(9) striking ``and'' at the end of paragraph (c)(5);
(10) striking the period at the end of paragraph (c)(6) and
inserting ``; and''; and
(11) adding at the end of subsection (c) a new paragraph as
follows:
``(7) to ensure that the fishery resources adjacent to a
Pacific Insular Area, including resident or migratory stocks
within the exclusive economic zone adjacent to such areas, be
explored, developed, conserved, and managed for the benefit
of the people of such area and of the United States.''.
SEC. 102. DEFINITIONS.
Section 3 (16 U.S.C. 1802) is amended--
(1) by redesignating paragraphs (2) through (32) as
paragraphs (5) through (35) respectively, and inserting after
paragraph (1) the following:
``(2) The term `bycatch' means fish which are harvested in
a fishery, but which are not sold or kept for personal use,
and includes economic discards and regulatory discards. Such
term does not include fish released alive under a
recreational catch and release fishery management program.
``(3) The term `charter fishing' means fishing from a
vessel carrying a passenger for hire (as defined in section
2101(21a) of title 46, United States Code) who is engaged in
recreational fishing.
``(4) The term `commercial fishing' means fishing in which
the fish harvested, either in whole or in part, are intended
to enter commerce or enter commerce through sale, barter or
trade.'';
(2) in paragraph (7) (as redesignated)--
(A) by striking ``COELENTERATA'' from the heading of the
list of corals and inserting ``CNIDARIA''; and
(B) in the list appearing under the heading ``CRUSTACEA'',
by striking ``Deep-sea Red Crab--Geryon quinquedens'' and
inserting ``Deep-sea Red Crab--Chaceon quinquedens'';
(3) by redesignating paragraphs (9) through (35) (as
redesignated) as paragraphs (11) through (37), respectively,
and inserting after paragraph (8) (as redesignated) the
following:
``(9) The term `economic discards' means fish which are the
target of a fishery, but which are not retained because they
are of an undesirable size, sex, or quality, or for other
economic reasons.
``(10) The term `essential fish habitat' means those waters
and substrate necessary to fish for spawning, breeding,
feeding or growth to maturity.'';
(4) by redesignating paragraphs (16) through (37) (as
redesignated) as paragraphs (17) through (38), respectively,
and inserting after paragraph (15) (as redesignated) the
following:
``(16) The term `fishing community' means a community which
is substantially dependent on or substantially engaged in the
harvest or processing of fishery resources to meet social and
economic needs, and includes fishing vessel owners,
operators, and crew and United States fish processors that
are based in such community.'';
(5) by redesignating paragraphs (21) through (38) (as
redesignated) as paragraphs (22) through (39), respectively,
and inserting after paragraph (20) (as redesignated) the
following:
``(21) The term `individual fishing quota' means a Federal
permit under a limited access system to harvest a quantity of
fish, expressed by a unit or units representing a percentage
of the total allowable catch of a fishery that may be
received or held for exclusive use by a person. Such term
does not include community development quotas as described in
section 305(i).'';
(6) by striking ``of one and one-half miles'' in paragraph
(23) (as redesignated) and inserting ``of two and one-half
kilometers'';
(7) by striking paragraph (28) (as redesignated), and
inserting the following:
``(28) The term `optimum', with respect to the yield from a
fishery, means the amount of fish which--
``(A) will provide the greatest overall benefit to the
Nation, particularly with respect to food production and
recreational opportunities, and taking into account the
protection of marine ecosystems;
``(B) is prescribed on the basis of the maximum sustainable
yield from the fishery, as reduced by any relevant social,
economic, or ecological factor; and
``(C) in the case of an overfished fishery, provides for
rebuilding to a level consistent with producing the maximum
sustainable yield in such fishery.'';
(8) by redesignating paragraphs (29) through (39) (as
redesignated) as paragraphs (31) through (41), respectively,
and inserting after paragraph (28) (as redesignated) the
following:
``(29) The terms `overfishing' and `overfished' mean a rate
or level of fishing mortality that jeopardizes the capacity
of a fishery to produce the maximum sustainable yield on a
continuing basis.
``(30) The term ``Pacific Insular Area'' means American
Samoa, Guam, the Northern Mariana Islands, Baker Island,
Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef,
Midway Island, Wake Island, or Palmyra Atoll, as applicable,
and includes all islands and reefs appurtenant to such
island, reef, or atoll.'';
(9) by redesignating paragraphs (32) through (41) (as
redesignated) as paragraphs (34) through (43), respectively,
and inserting after paragraph (31) (as redesignated) the
following:
``(32) The term `recreational fishing' means fishing for
sport or pleasure.
``(33) The term `regulatory discards' means fish harvested
in a fishery which fishermen are required by regulation to
discard whenever caught, or are required by regulation to
retain but not sell.'';
(10) by redesignating paragraphs (36) through (43) (as
redesignated) as paragraphs (37) through (44), respectively,
and inserting after paragraph (35) (as redesignated) the
following:
``(36) The term `special areas' means the areas referred to
as eastern special areas in Article 3(1) of the Agreement
between the United States of America and the Union of Soviet
Socialist Republics on the Maritime Boundary, signed June 1,
1990. In particular, the term refers to those areas east of
the maritime boundary, as defined in that Agreement, that lie
within 200 nautical miles of the baselines from which the
breadth of the territorial sea of Russia is measured but
beyond 200 nautical miles of the baselines from which the
breadth of the territorial sea of the United States is
measured.'';
(11) by striking ``for which a fishery management plan
prepared under title III or a preliminary fishery management
plan prepared under section 201(g) has been implemented'' in
paragraph (42) (as redesignated) and inserting ``regulated
under this Act''; and
(12) by redesignating paragraph (44) (as redesignated) as
paragraph (45), and inserting after paragraph (43) the
following:
``(44) The term `vessel subject to the jurisdiction of the
United States' has the same meaning such term has in section
3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C. App.
1903(c)).''.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
The Act is amended by inserting after section 3 (16 U.S.C.
1802) the following:
``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary
for the purposes of carrying out the provisions of this Act,
not to exceed the following sums:
``(1) $147,000,000 for fiscal year 1996;
``(2) $151,000,000 for fiscal year 1997;
[[Page S10915]]
``(3) $155,000,000 for fiscal year 1998; and
``(4) $159,000,000 for fiscal year 1999.''.
SEC. 104. HIGHLY MIGRATORY SPECIES.
Section 102 (16 U.S.C. 1812) is amended by striking
``promoting the objective of optimum utilization'' and
inserting ``shall promote the achievement of optimum yield''.
SEC. 105. FOREIGN FISHING AND INTERNATIONAL FISHERY
AGREEMENTS.
(a) Authority to Operate under Transshipment Permits.--
Section 201 (16 U.S.C. 1821) is amended--
(1) by striking paragraphs (1) and (2) of subsection (a)
and inserting the following:
``(1) is authorized under subsections (b) or (c) or section
204(e), or under a permit issued under section 204(d);
``(2) is not prohibited under subsection (f); and'';
(2) by striking ``(i)'' in subsection (c)(2)(D) and
inserting ``(h)'';
(3) by striking subsection (f);
(4) by redesignating subsections (g) through (j) as
subsections (f) through (i), respectively;
(5) in paragraph (2) of subsection (h) (as redesignated),
redesignate subparagraphs (B) and (C) as subparagraphs (C)
and (D), respectively, and insert after subparagraph (A) the
following:
``(B) in a situation where the foreign fishing vessel is
operating under a Pacific Insular Area fishing agreement, the
Governor of the applicable Pacific Insular Area, in
consultation with the Western Pacific Council, has
established an observer coverage program that is at least
equal in effectiveness to the program established by the
Secretary;''; and
(6) in subsection (i) (as redesignated) by striking ``305''
and inserting ``304''.
(b) International Fishery Agreements.--Section 202 (16
U.S.C. 1822) is amended--
(1) by adding before the period at the end of subsection
(c) ``or section 204(e)'';
(2) by adding at the end the following:
``(h) Bycatch Reduction Agreements.--
``(1) The Secretary of State, in cooperation with the
Secretary, shall seek to secure an international agreement to
establish standards and measures for bycatch reduction that
are comparable to the standards and measures applicable to
United States fishermen for such purposes in any fishery
regulated pursuant to this Act for which the Secretary, in
consultation with the Secretary of State, determines that
such an international agreement is necessary and appropriate.
``(2) An international agreement negotiated under this
subsection shall be--
``(A) consistent with the policies and purposes of this
Act; and
``(B) subject to approval by Congress under section 203.
``(3) Not later than January 1, 1997, and annually
thereafter, the Secretary, in consultation with the Secretary
of State, shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Resources of the House of Representatives a report describing
actions taken under this subsection.''.
(c) Period for Congressional Review of International
Fishery Agreements.--Section 203 (16 U.S.C. 1823) is
amended--
(1) by striking ``GOVERNING'' in the section heading;
(2) by striking ``agreement'' each place it appears in
subsection (a) and inserting ``agreement, bycatch reduction
agreement, or Pacific Insular Area fishery agreement'';
(3) by striking ``60 calendar days of continuous session of
the Congress'' in subsection (a) and inserting ``120 days
(excluding any days in a period for which the Congress is
adjourned sine die)'';
(4) by striking subsection (c);
(5) by redesignating subsection (d) as subsection (c); and
(6) by striking ``agreement'' in subsection (c)(2)(A), as
redesignated, and inserting ``agreement, bycatch reduction
agreement, or Pacific Insular Area fishery agreement''.
(d) Transshipment Permits and Pacific Insular Area
Fishing.-- Section 204 (16 U.S.C. 1824) is amended--
(1) by inserting ``or subsection (d)'' in the first
sentence of subsection (b)(7) after ``under paragraph (6)'';
(2) by striking ``the regulations promulgated to implement
any such plan'' in subsection (b)(7)(A) and inserting ``any
applicable federal or State fishing regulations'';
(3) by inserting ``or subsection (d)'' in subsection
(b)(7)(D) after ``paragraph (6)(B)''; and
(4) by adding at the end the following:
``(d) Transshipment Permits.--
``(1) Authority to issue permits.--The Secretary may issue
a transshipment permit under this subsection which authorizes
a vessel other than a vessel of the United States to engage
in fishing consisting solely of transporting fish or fish
products at sea from a point within the exclusive economic
zone or, with the concurrence of a State, within the
boundaries of that State, to a point outside the United
States to any person who--
``(A) submits an application which is approved by the
Secretary under paragraph (3); and
``(B) pays a fee imposed under paragraph (7).
``(2) Transmittal.--Upon receipt of an application for a
permit under this subsection, the Secretary shall promptly
transmit copies of the application to the Secretary of State,
Secretary of the department in which the Coast Guard is
operating, any appropriate Council, and any affected State.
``(3) Approval of application.--The Secretary may approve,
in consultation with the appropriate Council or Marine
Fisheries Commission, an application for a permit under this
section if the Secretary determines that--
``(A) the transportation of fish or fish products to be
conducted under the permit, as described in the application,
will be in the interest of the United States and will meet
the applicable requirements of this Act;
``(B) the applicant will comply with the requirements
described in section 201(c)(2) with respect to activities
authorized by any permit issued pursuant to the application;
``(C) the applicant has established any bonds or financial
assurances that may be required by the Secretary; and
``(D) no owner or operator of a vessel of the United States
which has adequate capacity to perform the transportation for
which the application is submitted has indicated to the
Secretary an interest in performing the transportation at
fair and reasonable rates.
``(4) Whole or partial approval.--The Secretary may approve
all or any portion of an application under paragraph (3).
``(5) Failure to approve application.--If the Secretary
does not approve any portion of an application submitted
under paragraph (1), the Secretary shall promptly inform the
applicant and specify the reasons therefor.
``(6) Conditions and restrictions.--The Secretary shall
establish and include in each permit under this subsection
conditions and restrictions, including those conditions and
restrictions set forth in subsection (b)(7), which shall be
complied with by the owner and operator of the vessel for
which the permit is issued.
``(7) Fees.--The Secretary shall collect a fee for each
permit issued under this subsection, in an amount adequate to
recover the costs incurred by the United States in issuing
the permit, except that the Secretary shall waive the fee for
the permit if the foreign nation under which the vessel is
registered does not collect a fee from a vessel of the United
States engaged in similar activities in the waters of such
foreign nation.
``(e) Pacific Insular Areas.--
``(1) Negotiation of Pacific Insular Area fishery
agreements.--The Secretary of State, with the concurrence of
the Secretary and in consultation with any appropriate
Council, may negotiate and enter into a Pacific Insular Area
fishery agreement to authorize foreign fishing within the
exclusive economic zone adjacent to a Pacific Insular Area--
``(A) in the case of American Samoa, Guam, or the Northern
Mariana Islands, at the request and with the concurrence of,
and in consultation with, the Governor of the Pacific Insular
Area to which such agreement applies; and
``(B) in the case of a Pacific Insular Area other than
American Samoa, Guam, or the Northern Mariana Islands, at the
request of the Western Pacific Council.
``(2) Agreement terms and conditions.--A Pacific Insular
Area fishery agreement--
``(A) shall not be considered to supersede any governing
international fishery agreement currently in effect under
this Act, but shall provide an alternative basis for the
conduct of foreign fishing within the exclusive economic zone
adjacent to Pacific Insular Areas;
``(B) shall be negotiated and implemented consistent only
with the governing international fishery agreement provisions
of this title specifically made applicable in this
subsection;
``(C) may not be negotiated with a nation that is in
violation of a governing international fishery agreement in
effect under this Act;
``(D) shall not be entered into if it is determined by the
Governor of the applicable Pacific Insular Area with respect
to agreements initiated under paragraph (1)(A), or the
Western Pacific Council with respect to agreements initiated
under paragraph (1)(B), that such an agreement will adversely
affect the fishing activities of the indigenous people of
such Pacific Insular Area;
``(E) shall be valid for a period not to exceed three years
and shall only become effective according to the procedures
in section 203; and
``(F) shall require the foreign nation and its fishing
vessels to comply with the requirements of paragraphs (1),
(2), (3) and (4)(A) of section 201(c), section 201(d), and
section 201(h).
``(3) Permits for foreign fishing.--
``(A) Application for permits for foreign fishing
authorized under a Pacific Insular Areas fishing agreement
shall be made, considered and approved or disapproved in
accordance with paragraphs (3), (4), (5), (6), (7)(A) and
(B), (8), and (9) of subsection (b), and shall include any
conditions and restrictions established by the Secretary in
consultation with the Secretary of State, the Secretary of
the department in which the Coast Guard is operating, the
Governor of the applicable Pacific Insular Area, and the
appropriate Council.
``(B) If a foreign nation notifies the Secretary of State
of its acceptance of the requirements of this paragraph,
paragraph (2)(F), and paragraph (5), including any conditions
and restrictions established under subparagraph (A), the
Secretary of State shall promptly transmit such notification
to the Secretary. Upon receipt of any payment required under
a Pacific Insular Area fishing agreement, the Secretary shall
thereupon issue to such foreign nation, through the Secretary
of State, permits for the appropriate fishing vessels of that
nation. Each
[[Page S10916]]
permit shall contain a statement of all of the requirements,
conditions, and restrictions established under this
subsection which apply to the fishing vessel for which the
permit is issued.
``(4) Marine conservation plans.--
``(A) Prior to entering into a Pacific Insular Area fishery
agreement, the Western Pacific Council and the appropriate
Governor shall develop a 3-year marine conservation plan
detailing uses for funds to be collected by the Secretary
pursuant to such agreement. Such plan shall be consistent
with any applicable fishery management plan, identify
conservation and management objectives (including criteria
for determining when such objectives have been met), and
prioritize planned marine conservation projects. Conservation
and management objectives shall include, but not be limited
to--
``(i) establishment of Pacific Insular Area observer
programs, approved by the Secretary in consultation with the
Western Pacific Council, that provide observer coverage for
foreign fishing under Pacific Insular Area fishery agreements
that is at least equal in effectiveness to the program
established by the Secretary under section 201(h);
``(ii) conduct of marine and fisheries research, including
development of systems for information collection, analysis,
evaluation, and reporting;
``(iii) conservation, education, and enforcement activities
related to marine and coastal management, such as living
marine resource assessments, habitat monitoring and coastal
studies;
``(iv) grants to the University of Hawaii for technical
assistance projects by the Pacific Island Network, such as
education and training in the development and implementation
of sustainable marine resources development projects,
scientific research, and conservation strategies; and
``(v) western Pacific community-based demonstration
projects under section 112(b) of the Sustainable Fisheries
Act and other coastal improvement projects to foster and
promote the management, conservation, and economic
enhancement of the Pacific Insular Areas.
``(B) In the case of American Samoa, Guam, and the Northern
Mariana Islands, the appropriate Governor, with the
concurrence of the Western Pacific Council, shall develop the
marine conservation plan described in subparagraph (A) and
submit such plan to the Secretary for approval. In the case
of other Pacific Insular Areas, the Western Pacific Council
shall develop and submit the marine conservation plan
described in subparagraph (A) to the Secretary for approval.
``(C) If a Governor or the Western Pacific Council intends
to request that the Secretary of State renew a Pacific
Insular Area fishery agreement, a subsequent 3-year plan
shall be submitted to the Secretary for approval by the end
of the second year of the existing 3-year plan.
``(5) Reciprocal conditions.--Except as expressly provided
otherwise in this subsection, a Pacific Insular Area fishing
agreemeent may include terms similar to the terms applicable
to United States fishing vessels for access to similar
fisheries in waters subject to the fisheries jurisdiction of
another nation.
``(6) Use of payments by american samoa, guam, northern
mariana islands.--Any payments received by the Secretary
under a Pacific Insular Area fishery agreement for American
Samoa, Guam, or the Northern Mariana Islands shall be
deposited into the United States Treasury and then covered
over to the Treasury of the Pacific Insular Area for which
those funds were collected. Amounts deposited in the Treasury
of a Pacific Insular Area shall be available, without
appropriation or fiscal year limitation, to the Governor of
the Pacific Insular Area--
``(A) to carry out the purposes of this subsection;
``(B) to compensate (i) the Western Pacific Council for
mutually agreed upon administrative costs incurred relating
to any Pacific Insular Area fishery agreement for such
Pacific Insular Area, and (ii) the Secretary of State for
mutually agreed upon travel expenses for no more than 2
Federal representatives incurred as a direct result of
complying with paragraph (1)(A); and
``(C) to implement a marine conservation plan developed and
approved under paragraph (4).
``(7) Western Pacific Sustainable Fisheries Fund.--There is
established in the United States Treasury a Western Pacific
Sustainable Fisheries Fund into which any payments received
by the Secretary under a Pacific Insular Area fishery
agreement for any Pacific Insular Area other than American
Samoa, Guam, or the Northern Mariana Islands shall be
deposited. The Western Pacific Sustainable Fisheries Fund
shall be made available, without appropriation or fiscal year
limitation, to the Secretary, who shall provide such funds
only to--
``(A) the Western Pacific Council for the purpose of
carrying out the provisions of this subsection, including
implementation of a marine conservation plan approved under
paragraph (4);
``(B) the Secretary of State for mutually agreed upon
travel expenses for no more than 2 federal representatives
incurred as a direct result of complying with paragraph
(1)(B); and
``(C) the Western Pacific Council to meet conservation and
management objectives in the State of Hawaii if monies remain
in the Western Pacific Sustainable Fisheries Fund after the
funding requirements of subparagraphs (A) and (B) have been
satisfied.
Amounts deposited in such fund shall not diminish funding
received by the Western Pacific Council for the purpose of
carrying out other responsibilities under this Act.
``(8) Use of fines and penalties.--In the case of
violations occurring within the exclusive economic zone off
American Samoa, Guam, or the Northern Mariana Islands,
amounts received by the Secretary which are attributable to
fines or penalties imposed under this Act, including such
sums collected from the forfeiture and disposition or sale of
property seized subject to its authority, after payment of
direct costs of the enforcement action to all entities
involved in such action, shall be deposited into the Treasury
of the Pacific Insular Area adjacent to the exclusive
economic zone in which the violation occurred, to be used for
fisheries enforcement and for implementation of a marine
conservation plan under paragraph (4).''.
(e) Atlantic Herring Transshipment.--Within 30 days of
receiving an application, the Secretary shall, under Section
204(d) of the Magnuson Fishery Conservation and Management
Act, as amended by this Act, issue permits to up to fourteen
Canadian transport vessels that are not equipped for fish
harvesting or processing, for the transshipment, within the
boundaries of the State of Maine or within the portion of the
exclusive economic zone east of the line 69 degrees 30
minutes west and within 12 nautical miles from the seaward
boundary of that State, of Atlantic herring harvested by
United States fishermen within the area described and used
solely in sardine processing. In issuing a permit pursuant to
this subsection, the Secretary shall provide a waiver under
section 201(h)(2)(C) of the Magnuson Fishery Conservation and
Management Act, as amended by this Act, provided that such
vessels comply with Federal or State monitoring and reporting
requirements for the Atlantic herring fishery, including the
stationing of United States observers aboard such vessels, if
necessary.
(f) Large Scale Driftnet Fishing.--Section 206 (16 U.S.C.
1826) is amended--
(1) in subsection (e), by striking paragraphs (3) and (4),
and redesignating paragraphs (5) and (6) as (3) and (4),
respectively; and
(2) in subsection (f), by striking ``(e)(6),'' and
inserting ``(e)(4),''.
(g) Russian fishing in the Bering Sea.--No later than
September 30, 1997, the North Pacific Fishery Management
Council, in consultation with the North Pacific and Bering
Sea Advisory Body, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Resources of the House of Representatives a report
describing the institutional structures in Russia pertaining
to stock assessment, management, and enforcement for fishery
harvests in the Bering Sea, and recommendations for improving
coordination between the United States and Russia for
managing and conserving Bering Sea fishery resources of
mutual concern.
SEC. 106. NATIONAL STANDARDS.
(a) Section 301(a)(5) (16 U.S.C. 1851(a)(5)) is amended by
striking ``promote'' and inserting ``consider''.
(b) Section 301(a) (16 U.S.C. 1851(a)) is amended by adding
at the end thereof the following:
``(8) Conservation and management measures shall,
consistent with the conservation requirements of this Act
(including the prevention of overfishing and rebuilding of
overfished stocks), take into account the importance of
fishery resources to fishing communities in order to (A)
provide for the sustained participation of such communities,
and (B) to the extent practicable, minimize adverse economic
impacts on such communities.
``(9) Conservation and management measures shall, to the
extent practicable, (A) minimize bycatch and (B) to the
extent bycatch cannot be avoided, minimize the mortality of
such bycatch.
``(10) Conservation and management measures shall, to the
extent practicable, promote the safety of human life at
sea.''.
SEC. 107. REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) Section 302(a) (16 U.S.C. 1852(a)) is amended--
(1) by inserting ``(1)'' after the subsection heading;
(2) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively;
(3) by striking ``section 304(f)(3)'' wherever it appears
and inserting ``paragraph (3)'';
(4) in paragraph (1)(B), as amended--
(A) by striking ``and Virginia'' and inserting ``Virginia,
and North Carolina'';
(B) by inserting ``North Carolina, and'' after ``except'';
(C) by striking ``19'' and inserting ``21''; and
(D) by striking ``12'' and inserting ``13'';
(5) by striking paragraph (1)(F), as redesignated, and
inserting the following:
``(F) Pacific Council.--The Pacific Fishery Management
Council shall consist of the States of California, Oregon,
Washington, and Idaho and shall have authority over the
fisheries in the Pacific Ocean seaward of such States. The
Pacific Council shall have 14 voting members, including 8
appointed by the Secretary in accordance with subsection
(b)(2) (at least one of whom shall be appointed from each
such State), and including
[[Page S10917]]
one appointed from an Indian tribe with Federally recognized
fishing rights from California, Oregon, Washington, or Idaho
in accordance with subsection (b)(5).'';
(6) by indenting the sentence at the end thereof and
inserting ``(2)'' before ``Each Council''; and
(7) by adding at the end the following:
``(3) The Secretary shall have authority over any highly
migratory species fishery that is within the geographical
area of authority of more than one of the following Councils:
New England Council, Mid-Atlantic Council, South Atlantic
Council, Gulf Council, and Caribbean Council.''.
(b) Section 302(b) (16 U.S.C. 1852(b)) is amended--
(1) by striking ``subsection (b)(2)'' in paragraphs (1)(C)
and (3), and inserting in both places ``paragraphs (2) and
(5)'';
(2) by striking the last sentence in paragraph (3) and
inserting the following: ``Any term in which an individual
was appointed to replace a member who left office during the
term shall not be counted in determining the number of
consecutive terms served by that Council member.''; and
(3) by striking paragraph (5) and inserting after paragraph
(4) the following:
``(5)(A) The Secretary shall appoint to the Pacific Council
one representative of an Indian tribe with Federally
recognized fishing rights from California, Oregon,
Washington, or Idaho from a list of not less than 3
individuals submitted by the tribal governments. The
Secretary, in consultation with the Secretary of the Interior
and tribal governments, shall establish by regulation the
procedure for submitting a list under this subparagraph.
``(B) Representation shall be rotated among the tribes
taking into consideration--
``(i) the qualifications of the individuals on the list
referred to in subparagraph (A),
``(ii) the various rights of the Indian tribes involved and
judicial cases that set forth how those rights are to be
exercised, and
``(iii) the geographic area in which the tribe of the
representative is located.
``(C) A vacancy occurring prior to the expiration of any
term shall be filled in the same manner as set out in
subparagraphs (A) and (B), except that the Secretary may use
the list from which the vacating representative was chosen.
``(6) The Secretary may remove for cause any member of a
Council required to be appointed by the Secretary in
accordance with paragraphs (2) or (5) if--
``(A) the Council concerned first recommends removal by not
less than two-thirds of the members who are voting members
and submits such removal recommendation to the Secretary in
writing together with a statement of the basis for the
recommendation; or
``(B) the member is found by the Secretary, after notice
and an opportunity for a hearing in accordance with section
554 of title 5, United States Code, to have committed an act
prohibited by section 307(1)(O).''.
(c) Section 302(d) (16 U.S.C. 1852(d)) is amended in the
first sentence--
(1) by striking ``each Council,'' and inserting ``each
Council who are required to be appointed by the Secretary
and''; and
(2) by striking ``shall, until January 1, 1992,'' and all
that follows through ``GS-16'' and inserting ``shall receive
compensation at the daily rate for GS-15, step 7''.
(d) Section 302(e) (16 U.S.C. 1852(e)) is amended by adding
at the end the following:
``(5) At the request of any voting member of a Council, the
Council shall hold a roll call vote on any matter before the
Council. The official minutes and other appropriate records
of any Council meeting shall identify all roll call votes
held, the name of each voting member present during each roll
call vote, and how each member voted on each roll call
vote.''.
(e) Section 302(g) (16 U.S.C. 1852(g)) is amended by
redesignating paragraph (4) as paragraph (5), and by
inserting after paragraph (3) the following:
``(4) The Secretary shall establish advisory panels to
assist in the collection and evaluation of information
relevant to the development of any fishery management plan or
plan amendment for a fishery to which subsection (a)(3)
applies. Each advisory panel shall participate in all aspects
of the development of the plan or amendment; be balanced in
its representation of commercial, recreational, and other
interests; and consist of not less than 7 individuals who are
knowledgeable about the fishery for which the plan or
amendment is developed, selected from among--
``(A) members of advisory committees and species working
groups appointed under Acts implementing relevant
international fishery agreements pertaining to highly
migratory species; and
``(B) other interested persons.''.
(f) Section 302(h) (16 U.S.C. 1852(h)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) for each fishery under its authority that requires
conservation and management, prepare and submit to the
Secretary (A) a fishery management plan, and (B) amendments
to each such plan that are necessary from time to time (and
promptly whenever changes in conservation and management
measures in another fishery substantially affect the fishery
for which such plan was developed);'';
(2) in paragraph (2)--
(A) by striking ``section 204(b)(4)(C),'' in paragraph (2)
and inserting ``section 204(b)(4)(C) or section 204(d),'';
(B) by striking ``304(c)(2)'' and inserting ``304(c)(4)'';
and
(3) by striking ``304(f)(3) ``in paragraph (5) and
inserting ``subsection (a)(3)''.
(g) Section 302 is amended further by striking subsection
(i), and by redesignating subsections (j) and (k) as
subsections (i) and (j), respectively.
(h) Section 302(i), as redesignated, is amended--
(1) by striking ``of the Councils'' in paragraph (1) and
inserting ``established under subsection (g)'';
(2) by striking ``of a Council:'' in paragraph (2) and
inserting ``established under subsection (g):'';
(3) by striking ``Council's'' in paragraph (2)(C);
(4) by adding the following at the end of paragraph (2)(C):
``The published agenda of the meeting may not be modified to
include additional matters for Council action without public
notice or within 14 days prior to the meeting date, unless
such modification is to address an emergency action under
section 305(c), in which case public notice shall be given
immediately.'';
(5) by adding the following at the end of paragraph (2)(D):
``All written information submitted to a Council by an
interested person shall include a statement of the source and
date of such information. Any oral or written statement shall
include a brief description of the background and interests
of the person in the subject of the oral or written
statement.'';
(6) by striking paragraph (2)(E) and inserting:
``(E) Detailed minutes of each meeting of the Council,
except for any closed session, shall be kept and shall
contain a record of the persons present, a complete and
accurate description of matters discussed and conclusions
reached, and copies of all statements filed. The Chairman
shall certify the accuracy of the minutes of each such
meeting and submit a copy thereof to the Secretary. The
minutes shall be made available to any court of competent
jurisdiction.'';
(7) by striking ``by the Council'' the first place it
appears in paragraph (2)(F);
(8) by inserting ``or the Secretary, as appropriate'' in
paragraph (2)(F) after ``of the Council''; and
(9) by striking ``303(d)'' each place it appears in
paragraph (2)(F) and inserting ``402(b)''; and
(10) by striking ``303(d)'' in paragraph (4) and inserting
``402(b)''.
(i) Section 302(j), as redesignated, is amended--
(1) by inserting ``and Recusal'' after ``Interest'' in the
subsection heading;
(2) by striking paragraph (1) and inserting the following:
``(1) For the purposes of this subsection--
``(A) the term `affected individual' means an individual
who--
``(i) is nominated by the Governor of a State for
appointment as a voting member of a Council in accordance
with subsection (b)(2); or
``(ii) is a voting member of a Council appointed--
``(I) under subsection (b)(2); or
``(II) under subsection (b)(5) who is not subject to
disclosure and recusal requirements under the laws of an
Indian tribal government; and
``(B) the term `designated official' means a person with
expertise in Federal conflict-of-interest requirements who is
designated by the Secretary, in consultation with the
Council, to attend Council meetings and make determinations
under paragraph (7)(B).'';
(3) by striking ``(1)(A)'' in paragraph (3)(A) and
inserting ``(1)(A)(i)'';
(4) by striking ``(1)(B) or (C)'' in paragraph (3)(B) and
inserting ``(1)(A)(ii)'';
(5) by striking ``(1)(B) or (C)'' in paragraph (4) and
inserting ``(1)(A)(ii)'';
(6)(A) by striking ``and'' at the end of paragraph (5)(A);
(B) by striking the period at the end of paragraph (5)(B)
and inserting a semicolon and the word ``and''; and
(C) by adding at the end of paragraph (5) the following:
``(C) be kept on file by the Secretary for use in reviewing
determinations under paragraph (7)(B) and made available for
public inspection at reasonable hours.'';
(7) by striking ``(1)(B) or (C)'' in paragraph (6) and
inserting ``(1)(A)(ii)'';
(8) by redesignating paragraph (7) as paragraph (8) and
inserting after paragraph (6) the following:
``(7)(A) After the effective date of regulations
promulgated under subparagraph (F) of this paragraph, an
affected individual required to disclose a financial interest
under paragraph (2) shall not vote on a Council decision
which would have a significant and predictable effect on such
financial interest. A Council decision shall be considered to
have a significant and predictable effect on a financial
interest if there is a close causal link between the Council
decision and an expected and substantially disproportionate
benefit to the financial interest of the affected individual
relative to the financial interests of other participants in
the same gear type or sector of the fishery. An affected
individual who may not vote may participate in Council
deliberations relating to the decision after notifying the
Council of the voting recusal and identifying the financial
interest that would be affected.
``(B) At the request of an affected individual, or upon the
initiative of the appropriate
[[Page S10918]]
designated official, the designated official shall make a
determination for the record whether a Council decision would
have a significant and predictable effect on a financial
interest.
``(C) Any Council member may submit a written request to
the Secretary to review any determination by the designated
official under subparagraph (B) within 10 days of such
determination. Such review shall be completed within 30 days
of receipt of the request.
``(D) Any affected individual who does not vote in a
Council decision in accordance with this subsection may state
for the record how he or she would have voted on such
decision if he or she had voted.
``(E) If the Council makes a decision before the Secretary
has reviewed a determination under subparagraph (C), the
eventual ruling may not be treated as cause for the
invalidation or reconsideration by the Secretary of such
decision.
``(F) The Secretary, in consultation with the Councils and
by not later than one year from the date of enactment of the
Sustainable Fisheries Act, shall promulgate regulations which
prohibit an affected individual from voting in accordance
with subparagraph (A), and which allow for the making of
determinations under subparagraphs (B) and (C).''; and
(9) by striking ``(1)(B) or (C)'' in paragraph (8), as
redesignated, and inserting ``(1)(A)(ii)''.
SEC. 108. FISHERY MANAGEMENT PLANS.
(a) Required Provisions.--Section 303(a) (16 U.S.C.
1853(a)) is amended--
(1) in paragraph (1)(A) by inserting ``and rebuild
overfished stocks'' after ``overfishing'';
(2) by inserting ``commercial, recreational, and charter
fishing in'' in paragraph (5) after ``with respect to'';
(3) by striking paragraph (7) and inserting the following:
``(7) describe and identify essential fish habitat for the
fishery based on the guidelines established by the Secretary
under section 305(b)(1)(A), minimize to the extent
practicable adverse effects on such habitat caused by
fishing, and identify other actions to encourage the
conservation and enhancement of such habitat;'';
(4) by striking ``and'' at the end of paragraph (8);
(5) by inserting ``and fishing communities'' after
``fisheries'' in paragraph (9)(A);
(6) by striking the period at the end of paragraph (9) and
inserting a semicolon; and
(7) by adding at the end the following:
``(10) specify objective and measurable criteria for
identifying when the fishery to which the plan applies is
overfished (with an analysis of how the criteria were
determined and the relationship of the criteria to the
reproductive potential of stocks of fish in that fishery)
and, in the case of a fishery which the Council or the
Secretary has determined is approaching an overfished
condition or is overfished, contain conservation and
management measures to prevent overfishing or end overfishing
and rebuild the fishery;
``(11) establish a standardized reporting methodology to
assess the amount and type of bycatch occurring in the
fishery, and include conservation and management measures
that, to the extent practicable and in the following
priority--
``(A) minimize bycatch; and
``(B) minimize the mortality of bycatch which cannot be
avoided;
``(12) assess the type and amount of fish caught and
released alive during recreational fishing under catch and
release fishery management programs and the mortality of such
fish, and include conservation and management measures that,
to the extent practicable, minimize mortality and ensure the
extended survival of such fish;
``(13) include a description of the commercial,
recreational, and charter fishing sectors which participate
in the fishery and, to the extent practicable, quantify
trends in landings of the managed fishery resource by the
commercial, recreational, and charter fishing sectors; and
``(14) to the extent that rebuilding plans or other
conservation and management measures which reduce the overall
harvest in a fishery are necessary, allocate any harvest
restrictions or recovery benefits fairly and equitably among
the commercial, recreational, and charter fishing sectors in
the fishery.''.
(b) Implementation.--Not later than 24 months after the
date of enactment of this Act, each Regional Fishery
Management Council shall submit to the Secretary of Commerce
amendments to each fishery management plan under its
authority to comply with the amendments made in subsection
(a) of this section.
(c) Discretionary Provisions.--Section 303(b) (16 U.S.C.
1853(b)) is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) establish specified limitations which are necessary
and appropriate for the conservation and management of the
fishery on the --
``(A) catch of fish (based on area, species, size, number,
weight, sex, bycatch, total biomass, or other factors);
``(B) sale of fish caught during commercial, recreational,
or charter fishing, consistent with any applicable Federal
and State safety and quality requirements; and
``(C) transshipment or transportation of fish or fish
products under permits issued pursuant to section 204;'';
(2) by striking ``system for limiting access to'' in
paragraph (6) and inserting ``limited access system for'';
(3) by striking ``fishery'' in subparagraph (E) of
paragraph (6) and inserting ``fishery and any affected
fishing communities'';
(4) by inserting ``one or more'' in paragraph (8) after
``require that'';
(5) by striking ``and'' at the end of paragraph (9);
(6) by redesignating paragraph (10) as paragraph (12); and
(7) by inserting after paragraph (9) the following:
``(10) include, consistent with the other provisions of
this Act, conservation and management measures that provide
harvest incentives for participants within each gear group to
employ fishing practices that result in lower levels of
bycatch or in lower levels of the mortality of bycatch;
``(11) reserve a portion of the allowable biological catch
of the fishery for use in scientific research; and''.
(d) Regulations.--Section 303 (16 U.S.C. 1853) is amended
by striking subsection (c) and inserting the following:
``(c) Proposed Regulations.--Proposed regulations which
the Council deems necessary or appropriate for the purposes
of--
``(1) implementing a fishery management plan or plan
amendment shall be submitted to the Secretary simultaneously
with the plan or amendment under section 304; and
``(2) making modifications to regulations implementing a
fishery management plan or plan amendment may be submitted to
the Secretary at any time after the plan or amendment is
approved under section 304.''.
(e) Individual Fishing Quotas.--Subsection 303 (16 U.S.C.
1853) is amended further by striking subsections (d), (e),
and (f), and inserting the following:
``(d) Individual Fishing Quotas.--
``(1)(A) A Council may not submit and the Secretary may not
approve or implement before October 1, 2000, any fishery
management plan, plan amendment, or regulation under this Act
which creates a new individual fishing quota program.
``(B) Any fishery management plan, plan amendment, or
regulation approved by the Secretary on or after January 4,
1995, which creates any new individual fishing quota program
shall be repealed and immediately returned by the Secretary
to the appropriate Council and shall not be resubmitted,
reapproved, or implemented during the moratorium set forth in
subparagraph (A).
``(2)(A) No provision of law shall be construed to limit
the authority of a Council to submit and the Secretary to
approve the termination or limitation, without compensation
to holders of any limited access system permits, of a fishery
management plan, plan amendment, or regulation that provides
for a limited access system, including an individual fishing
quota program.
``(B) This subsection shall not be construed to prohibit a
Council from submitting, or the Secretary from approving and
implementing, amendments to the North Pacific halibut and
sablefish, South Atlantic wreckfish, or Mid-Atlantic surf
clam and ocean (including mahogany) quahog individual fishing
quota programs.
``(3) An individual fishing quota or other limited access
system authorization--
``(A) shall be considered a permit for the purposes of
sections 307, 308, and 309;
``(B) may be revoked or limited at any time in accordance
with this Act;
``(C) shall not confer any right of compensation to the
holder of such individual fishing quota or other such limited
access system authorization if it is revoked or limited; and
``(D) shall not create, or be construed to create, any
right, title, or interest in or to any fish before the fish
is harvested.
``(4)(A) A Council may submit, and the Secretary may
approve and implement, a program which reserves up to 25
percent of any fees collected from a fishery under section
304(d)(2) to be used, pursuant to section 1104A(a)(7) of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to
issue obligations that aid in financing the--
``(i) purchase of individual fishing quotas in that fishery
by fishermen who fish from small vessels; and
``(ii) first-time purchase of individual fishing quotas in
that fishery by entry level fishermen.
``(B) A Council making a submission under subparagraph (A)
shall recommend criteria, consistent with the provisions of
this Act, that a fisherman must meet to qualify for
guarantees under clauses (i) and (ii) of subparagraph (A) and
the portion of funds to be allocated for guarantees under
each clause.
``(5) In submitting and approving any new individual
fishing quota program on or after October 1, 2000, the
Councils and the Secretary shall consider the report of the
National Academy of Sciences required under section 108(f) of
the Sustainable Fisheries Act, and any recommendations
contained in such report, and shall ensure that any such
program--
``(A) establishes procedures and requirements for the
review and revision of the terms of any such program
(including any revisions that may be necessary once a
national policy with respect to individual fishing quota
programs is implemented), and, if appropriate, for the
renewal, reallocation, or reissuance of individual fishing
quotas;
``(B) provides for the effective enforcement and management
of any such program, including adequate observer coverage,
and for fees under section 304(d)(2) to recover actual
[[Page S10919]]
costs directly related to such enforcement and management;
and
``(C) provides for a fair and equitable initial allocation
of individual fishing quotas, prevents any person from
acquiring an excessive share of the individual fishing quotas
issued, and considers the allocation of a portion of the
annual harvest in the fishery for entry-level fishermen,
small vessel owners, and crew members who do not hold or
qualify for individual fishing quotas.''.
(f) Individual Fishing Quota Report.-- (1) Not later than
October 1, 1998, the National Academy of Sciences, in
consultation with the Secretary of Commerce and the Regional
Fishery Management Councils, shall submit to the Congress a
comprehensive final report on individual fishing quotas,
which shall include recommendations to implement a national
policy with respect to individual fishing quotas. The report
shall address all aspects of such quotas, including an
analysis of--
(A) the effects of limiting or prohibiting the
transferability of such quotas;
(B) mechanisms to prevent foreign control of the harvest of
United States fisheries under individual fishing quota
programs, including mechanisms to prohibit persons who are
not eligible to be deemed a citizen of the United States for
the purpose of operating a vessel in the coastwise trade
under section 2(a) and section 2(c) of the Shipping Act, 1916
(46 U.S.C. 802 (a) and (c)) from holding individual fishing
quotas;
(C) the impact of limiting the duration of individual
fishing quota programs;
(D) the impact of authorizing Federal permits to process a
quantity of fish that correspond to individual fishing
quotas, and of the value created for recipients of any such
permits, including a comparison of such value to the value of
the corresponding individual fishing quotas;
(E) mechanisms to provide for diversity and to minimize
adverse social and economic impacts on fishing communities,
other fisheries affected by the displacement of vessels, and
any impacts associated with the shifting of capital value
from fishing vessels to individual fishing quotas, as well as
the use of capital construction funds to purchase individual
fishing quotas;
(F) mechanisms to provide for effective monitoring and
enforcement, including the inspection of fish harvested and
incentives to reduce bycatch, and in particular economic
discards;
(G) threshold criteria for determining whether a fishery
may be considered for individual fishing quota management,
including criteria related to the geographical range,
population dynamics and condition of a fish stock, the
socioeconomic characteristics of a fishery (including
participants' involvement in multiple fisheries in the
region), and participation by commercial, charter, and
recreational fishing sectors in the fishery;
(H) mechanisms to ensure that vessel owners, vessel
masters, crew members, and United States fish processors are
treated fairly and equitably in initial allocations, to
require persons holding individual fishing quotas to be on
board the vessel using such quotas, and to facilitate new
entry under individual fishing quota programs;
(I) potential social and economic costs and benefits to the
nation, individual fishing quota recipients, and any
recipients of Federal permits described in subparagraph (D)
under individual fishing quota programs, including from
capital gains revenue, the allocation of such quotas or
permits through Federal auctions, annual fees and transfer
fees at various levels, or other measures;
(J) the value created for recipients of individual fishing
quotas, including a comparison of such value to the value of
the fish harvested under such quotas and to the value of
permits created by other types of limited access systems, and
the effects of creating such value on fishery management and
conservation; and
(K) such other matters as the National Academy of Sciences
deems appropriate.
(2) The report shall include a detailed analysis of
individual fishing quota programs already implemented in the
United States, including the impacts: of any limits on
transferability, on past and present participants, on fishing
communities, on the rate and total amount of bycatch
(including economic and regulatory discards) in the fishery,
on the safety of life and vessels in the fishery, on any
excess harvesting or processing capacity in the fishery, on
any gear conflicts in the fishery, on product quality from
the fishery, on the effectiveness of enforcement in the
fishery, on the size and composition of fishing vessel
fleets, of the economic value created by individual fishing
quotas for initial recipients and non-recipients, on
conservation of the fishery resource, on fishermen who rely
on participation in several fisheries, on the success in
meeting any fishery management plan goals, and the fairness
and effectiveness of the methods used for allocating quotas
and controlling transferability. The report shall also
include any information about individual fishing quota
programs in other countries that may be useful.
(3) The report shall identify and analyze alternative
conservation and management measures, including other limited
access systems such as individual transferable effort
systems, that could accomplish the same objectives as
individual fishing quota programs, as well as characteristics
that are unique to individual fishing quota programs.
(4) The Secretary of Commerce shall, in consultation with
the National Academy of Sciences, the Councils, the fishing
industry, affected States, conservation organizations and
other interested persons, establish two individual fishing
quota review groups to assist in the preparation of the
report, which shall represent: (A) Alaska, Hawaii, and the
other Pacific coastal States; and (B) Atlantic coastal States
and the Gulf of Mexico coastal States. The Secretary shall,
to the extent practicable, achieve a balanced representation
of viewpoints among the individuals on each review group. The
review groups shall be deemed to be advisory panels under
section 302(g) of the Magnuson Fishery Conservation and
Management Act, as amended by this Act.
(5) The Secretary of Commerce, in consultation with the
National Academy of Sciences and the Councils, shall conduct
public hearings in each Council region to obtain comments on
individual fishing quotas for use by the National Academy of
Sciences in preparing the report required by this subsection.
The National Academy of Sciences shall submit a draft report
to the Secretary of Commerce by January 1, 1998. The
Secretary of Commerce shall publish in the Federal Register a
notice and opportunity for public comment on the draft of the
report, or any revision thereof. A detailed summary of
comments received and views presented at the hearings,
including any dissenting views, shall be included by the
National Academy of Sciences in the final report.
(6) Section 210 of Public Law 104-134 is hereby repealed.
(g) North Pacific Loan Program.--(1) By not later than
October 1, 1997 the North Pacific Fishery Management Council
shall recommend to the Secretary of Commerce a program which
uses the full amount of fees authorized to be used under
section 303(d)(4) of the Magnuson Fishery Conservation and
Management Act, as amended by this Act, in the halibut and
sablefish fisheries off Alaska to guarantee obligations in
accordance with such section.
(2)(A) For the purposes of this subsection, the phrase
``fishermen who fish from small vessels'' in section
303(d)(4)(A)(i) of such Act shall mean fishermen wishing to
purchase individual fishing quotas for use from Category B,
Category C, or Category D vessels, as defined in part
676.20(c) of title 50, Code of Federal Regulations (as
revised as of October 1, 1995), whose aggregate ownership of
individual fishing quotas will not exceed the equivalent of a
total of 50,000 pounds of halibut and sablefish harvested in
the fishing year in which a guarantee application is made if
the guarantee is approved, who will participate aboard the
fishing vessel in the harvest of fish caught under such
quotas, who have at least 150 days of experience working as
part of the harvesting crew in any U.S. commercial fishery,
and who do not own in whole or in part any Category A or
Category B vessel, as defined in such part and title of the
Code of Federal Regulations.
(B) For the purposes of this subsection, the phrase ``entry
level fishermen'' in section 303(d)(4)(A)(ii) of such Act
shall mean fishermen who do not own any individual fishing
quotas, who wish to obtain the equivalent of not more than a
total of 8,000 pounds of halibut and sablefish harvested in
the fishing year in which a guarantee application is made,
and who will participate aboard the fishing vessel in the
harvest of fish caught under such quotas.
(h) Community Development Quota Report.--Not later than
October 1, 1998, the National Academy of Sciences, in
consultation with the Secretary, the North Pacific and
Western Pacific Councils, communities and organizations
participating in the program, participants in affected
fisheries, and the affected States, shall submit to the
Secretary of Commerce and Congress a comprehensive report on
the performance and effectiveness of the community
development quota programs under the authority of the North
Pacific and Western Pacific Councils. The report shall--
(1) evaluate the extent to which such programs have met the
objective of providing communities with the means to develop
ongoing commercial fishing activities;
(2) evaluate the manner and extent to which such programs
have resulted in the communities and residents--
(A) receiving employment opportunities in commercial
fishing and processing; and
(B) obtaining the capital necessary to invest in commercial
fishing, fish processing, and commercial fishing support
projects (including infrastructure to support commercial
fishing);
(3) evaluate the social and economic conditions in the
participating communities and the extent to which alternative
private sector employment opportunities exist;
(4) evaluate the economic impacts on participants in the
affected fisheries, taking into account the condition of the
fishery resource, the market, and other relevant factors;
(5) recommend a proposed schedule for accomplishing the
developmental purposes of community development quotas; and
(6) address such other matters as the National Academy of
Sciences deems appropriate.
(i) Existing Quota Plans.--Nothing in this Act or the
amendments made by this Act shall be construed to require a
reallocation of individual fishing quotas under any
individual fishing quota program approved by the Secretary
before January 4, 1995.
SEC. 109. ACTION BY THE SECRETARY.
(a) Secretarial Review of Plans and Regulations.--Section
304 (16 U.S.C. 1854) is
[[Page S10920]]
amended by striking subsections (a) and (b) and inserting the
following:
``(a) Review of Plans.--
``(1) Upon transmittal by the Council to the Secretary of a
fishery management plan or plan amendment, the Secretary
shall--
``(A) immediately commence a review of the plan or
amendment to determine whether it is consistent with the
national standards, the other provisions of this Act, and any
other applicable law; and
``(B) immediately publish in the Federal Register a notice
stating that the plan or amendment is available and that
written information, views, or comments of interested persons
on the plan or amendment may be submitted to the Secretary
during the 60-day period beginning on the date the notice is
published.
``(2) In undertaking the review required under paragraph
(1), the Secretary shall--
``(A) take into account the information, views, and
comments received from interested persons;
``(B) consult with the Secretary of State with respect to
foreign fishing; and
``(C) consult with the Secretary of the department in which
the Coast Guard is operating with respect to enforcement at
sea and to fishery access adjustments referred to in section
303(a)(6).
``(3) The Secretary shall approve, disapprove, or partially
approve a plan or amendment within 30 days of the end of the
comment period under paragraph (1) by written notice to the
Council. A notice of disapproval or partial approval shall
specify--
``(A) the applicable law with which the plan or amendment
is inconsistent;
``(B) the nature of such inconsistencies; and
``(C) recommendations concerning the actions that could be
taken by the Council to conform such plan or amendment to the
requirements of applicable law.
If the Secretary does not notify a Council within 30 days of
the end of the comment period of the approval, disapproval,
or partial approval of a plan or amendment, then such plan or
amendment shall take effect as if approved.
``(4) If the Secretary disapproves or partially approves a
plan or amendment, the Council may submit a revised plan or
amendment to the Secretary for review under this subsection.
``(5) For purposes of this subsection and subsection (b),
the term `immediately' means on or before the 5th day after
the day on which a Council transmits to the Secretary a
fishery management plan, plan amendment, or proposed
regulation that the Council characterizes as final.
``(b) Review of Regulations.--
``(1) Upon transmittal by the Council to the Secretary of
proposed regulations prepared under section 303(c), the
Secretary shall immediately initiate an evaluation of the
proposed regulations to determine whether they are consistent
with the fishery management plan, plan amendment, this Act
and other applicable law. Within 15 days of initiating such
evaluation the Secretary shall make a determination and--
``(A) if that determination is affirmative, the Secretary
shall publish such regulations in the Federal Register, with
such technical changes as may be necessary for clarity and an
explanation of those changes, for a public comment period of
15 to 60 days; or
``(B) if that determination is negative, the Secretary
shall notify the Council in writing of the inconsistencies
and provide recommendations on revisions that would make the
proposed regulations consistent with the fishery management
plan, plan amendment, this Act, and other applicable law.
``(2) Upon receiving a notification under paragraph (1)(B),
the Council may revise the proposed regulations and submit
them to the Secretary for reevaluation under paragraph (1).
``(3) The Secretary shall promulgate final regulations
within 30 days after the end of the comment period under
paragraph (1)(A). The Secretary shall consult with the
Council before making any revisions to the proposed
regulations, and must publish in the Federal Register an
explanation of any differences between the proposed and final
regulations.''.
(b) Preparation by the Secretary.--Section 304(c) (16
U.S.C. 1854(c)) is amended--
(1) by striking the subsection heading and inserting
``Preparation and Review of Secretarial Plans'';
(2) by striking ``or'' at the end of paragraph (1)(A);
(3) by striking all that follows ``further revised plan''
in paragraph (1) and inserting ``or amendment; or'';
(4) by inserting after subparagraph (1)(B), as amended, the
following new subparagraph:
``(C) the Secretary is given authority to prepare such plan
or amendment under this section.'';
(5) by striking paragraph (2) and inserting:
``(2) In preparing any plan or amendment under this
subsection, the Secretary shall--
``(A) conduct public hearings, at appropriate times and
locations in the geographical areas concerned, so as to allow
interested persons an opportunity to be heard in the
preparation and amendment of the plan and any regulations
implementing the plan; and
``(B) consult with the Secretary of State with respect to
foreign fishing and with the Secretary of the department in
which the Coast Guard is operating with respect to
enforcement at sea.'';
(6) by inserting ``for a fishery under the authority of a
Council'' after ``paragraph (1)'' in paragraph (3);
(7) by striking ``system described in section 303(b)(6)''
in paragraph (3) and inserting ``system, including any
individual fishing quota program''; and
(8) by inserting after paragraph (3) the following new
paragraphs:
``(4) Whenever the Secretary prepares a fishery management
plan or plan amendment under this section, the Secretary
shall immediately--
``(A) for a plan or amendment for a fishery under the
authority of a Council, submit such plan or amendment to the
appropriate Council for consideration and comment; and
``(B) publish in the Federal Register a notice stating that
the plan or amendment is available and that written
information, views, or comments of interested persons on the
plan or amendment may be submitted to the Secretary during
the 60-day period beginning on the date the notice is
published.
``(5) Whenever a plan or amendment is submitted under
paragraph (4)(A), the appropriate Council must submit its
comments and recommendations, if any, regarding the plan or
amendment to the Secretary before the close of the 60-day
period referred to in paragraph (4)(B). After the close of
such 60-day period, the Secretary, after taking into account
any such comments and recommendations, as well as any views,
information, or comments submitted under paragraph (4)(B),
may adopt such plan or amendment.
``(6) The Secretary may propose regulations in the Federal
Register to implement any plan or amendment prepared by the
Secretary. In the case of a plan or amendment to which
paragraph (4)(A) applies, such regulations shall be submitted
to the Council with such plan or amendment. The comment
period on proposed regulations shall be 60 days, except that
the Secretary may shorten the comment period on minor
revisions to existing regulations.
``(7) The Secretary shall promulgate final regulations
within 30 days after the end of the comment period under
paragraph (6). The Secretary must publish in the Federal
Register an explanation of any substantive differences
between the proposed and final rules. All final regulations
must be consistent with the fishery management plan, with the
national standards and other provisions of this Act, and with
any other applicable law.''.
(c) Individual Fishing Quota and Community Development
Quota Fees.--Section 304(d) (16 U.S.C. 1854(d)) is amended--
(1) by inserting ``(1)'' immediately before the first
sentence; and
(2) by inserting the at the end the following:
``(2)(A) Notwithstanding paragraph (1), the Secretary is
authorized and shall collect a fee to recover the actual
costs directly related to the management and enforcement of
any--
``(i) individual fishing quota program; and
``(ii) community development quota program that allocates a
percentage of the total allowable catch of a fishery to such
program.
``(B) Such fee shall not exceed 3 percent of the ex-vessel
value of fish harvested under any such program, and shall be
collected at either the time of the landing, filing of a
landing report, or sale of such fish during a fishing season
or in the last quarter of the calendar year in which the fish
is harvested.
``(C)(i) Fees collected under this paragraph shall be in
addition to any other fees charged under this Act and shall
be deposited in the Limited Access System Administration Fund
established under section 305(h)(5)(B), except that the
portion of any such fees reserved under section 303(d)(4)(A)
shall be deposited in the Treasury and available, subject to
annual appropriations, to cover the costs of new direct loan
obligations and new loan guarantee commitments as required by
section 504(b)(1) of the Federal Credit Reform Act (2 U.S.C.
661c(b)(1)).
``(ii) Upon application by a State, the Secretary shall
transfer to such State up to 33 percent of any fee collected
pursuant to subparagraph (A) under a community development
quota program and deposited in the Limited Access System
Administration Fund in order to reimburse such State for
actual costs directly incurred in the management and
enforcement of such program.''.
(d) Delay of Fees.--Notwithstanding any other provision of
law, the Secretary shall not begin the collection of fees
under section 304(d)(2) of the Magnuson Fishery Conservation
and Management Act, as amended by this Act, in the surf clam
and ocean (including mahogany) quahog fishery or in the
wreckfish fishery until after January 1, 2000.
(e) Overfishing.--Section 304(e) (16 U.S.C. 1854(e)) is
amended to read as follows:
``(e) Rebuilding Overfished Fisheries.--
``(1) The Secretary shall report annually to the Congress
and the Councils on the status of fisheries within each
Council's geographical area of authority and identify those
fisheries that are overfished or are approaching a condition
of being overfished. For those fisheries managed under a
fishery management plan or international agreement, the
status shall be determined using the criteria for overfishing
specified in such plan or agreement. A fishery shall be
classified as approaching a condition of being overfished if,
based on trends in fishing effort, fishery resource size, and
other appropriate factors, the Secretary estimates that the
fishery will become overfished within two years.
[[Page S10921]]
``(2) If the Secretary determines at any time that a
fishery is overfished, the Secretary shall immediately notify
the appropriate Council and request that action be taken to
end overfishing in the fishery and to implement conservation
and management measures to rebuild affected stocks of fish.
The Secretary shall publish each notice under this paragraph
in the Federal Register.
``(3) Within one year of an identification under paragraph
(1) or notification under paragraphs (2) or (7), the
appropriate Council (or the Secretary, for fisheries under
section 302(a)(3)) shall prepare a fishery management plan,
plan amendment, or proposed regulations for the fishery to
which the identification or notice applies--
``(A) to end overfishing in the fishery and to rebuild
affected stocks of fish; or
``(B) to prevent overfishing from occurring in the fishery
whenever such fishery is identified as approaching an
overfished condition.
``(4) For a fishery that is overfished, any fishery
management plan, amendment, or proposed regulations prepared
pursuant to paragraph (3) or paragraph (5) for such fishery
shall--
``(A) specify a time period for ending overfishing and
rebuilding the fishery that shall--
``(i) be as short as possible, taking into account the
status and biology of any overfished stocks of fish, the
needs of fishing communities, recommendations by
international organizations in which the United States
participates, and the interaction of the overfished stock of
fish within the marine ecosystem; and
``(ii) not exceed 10 years, except in cases where the
biology of the stock of fish, other environmental conditions,
or management measures under an international agreement in
which the United States participates dictate otherwise;
``(B) allocate both overfishing restrictions and recovery
benefits fairly and equitably among sectors of the fishery;
and
``(C) for fisheries managed under an international
agreement, reflect traditional participation in the fishery,
relative to other nations, by fishermen of the United States.
``(5) If, within the one-year period beginning on the date
of identification or notification that a fishery is
overfished, the Council does not submit to the Secretary a
fishery management plan, plan amendment, or proposed
regulations required by paragraph (3)(A), the Secretary shall
prepare a fishery management plan or plan amendment and any
accompanying regulations to stop overfishing and rebuild
affected stocks of fish within 9 months under subsection (c).
``(6) During the development of a fishery management plan,
a plan amendment, or proposed regulations required by this
subsection, the Council may request the Secretary to
implement interim measures to reduce overfishing under
section 305(c) until such measures can be replaced by such
plan, amendment, or regulations. Such measures, if otherwise
in compliance with the provisions of this Act, may be
implemented even though they are not sufficient by themselves
to stop overfishing of a fishery.
``(7) The Secretary shall review any fishery management
plan, plan amendment, or regulations required by this
subsection at routine intervals that may not exceed two
years. If the Secretary finds as a result of the review that
such plan, amendment, or regulations have not resulted in
adequate progress toward ending overfishing and rebuilding
affected fish stocks, the Secretary shall--
``(A) in the case of a fishery to which section 302(a)(3)
applies, immediately make revisions necessary to achieve
adequate progress; or
``(B) for all other fisheries, immediately notify the
appropriate Council. Such notification shall recommend
further conservation and management measures which the
Council should consider under paragraph (3) to achieve
adequate progress.''.
(f) Fisheries under Authority of More Than One Council.--
Section 304(f) is amended by striking paragraph (3).
(g) Atlantic Highly Migratory Species.--Section 304 (16
U.S.C. 1854) is amended further by striking subsection (g)
and inserting the following:
``(g) Atlantic Highly Migratory Species.--(1) Preparation
and implementation of plan or plan amendment.--The Secretary
shall prepare a fishery management plan or plan amendment
under subsection (c) with respect to any highly migratory
species fishery to which section 302(a)(3) applies. In
preparing and implementing any such plan or amendment, the
Secretary shall--
``(A) consult with and consider the comments and views of
affected Councils, commissioners and advisory groups
appointed under Acts implementing relevant international
fishery agreements pertaining to highly migratory species,
and the advisory panel established under section 302(g);
``(B) establish an advisory panel under section 302(g) for
each fishery management plan to be prepared under this
paragraph;
``(C) evaluate the likely effects, if any, of conservation
and management measures on participants in the affected
fisheries and minimize, to the extent practicable, any
disadvantage to United States fishermen in relation to
foreign competitors;
``(D) with respect to a highly migratory species for which
the United States is authorized to harvest an allocation,
quota, or at a fishing mortality level under a relevant
international fishery agreement, provide fishing vessels of
the United States with a reasonable opportunity to harvest
such allocation, quota, or at such fishing mortality level;
``(E) review, on a continuing basis (and promptly whenever
a recommendation pertaining to fishing for highly migratory
species has been made under a relevant international fishery
agreement), and revise as appropriate, the conservation and
management measures included in the plan;
``(F) diligently pursue, through international entities
(such as the International Commission for the Conservation of
Atlantic Tunas), comparable international fishery management
measures with respect to fishing for highly migratory
species; and
``(G) ensure that conservation and management measures
under this subsection--
``(i) promote international conservation of the affected
fishery;
``(ii) take into consideration traditional fishing patterns
of fishing vessels of the United States and the operating
requirements of the fisheries;
``(iii) are fair and equitable in allocating fishing
privileges among United States fishermen and do not have
economic allocation as the sole purpose; and
``(iv) promote, to the extent practicable, implementation
of scientific research programs that include the tagging and
release of Atlantic highly migratory species.
``(2) Certain fish excluded from `bycatch' definition.--
Notwithstanding section 3(2), fish harvested in a commercial
fishery managed by the Secretary under this subsection or the
Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d) that
are not regulatory discards and that are tagged and released
alive under a scientific tagging and release program
established by the Secretary shall not be considered bycatch
for purposes of this Act.''.
(h) Comprehensive Management System for Atlantic Pelagic
Longline Fishery.--(1) The Secretary of Commerce shall--
(A) establish an advisory panel under section 302(g)(4) of
the Magnuson Fishery Conservation and Management Act, as
amended by this Act, for pelagic longline fishing vessels
that participate in fisheries for Atlantic highly migratory
species;
(B) conduct surveys and workshops with affected fishery
participants to provide information and identify options for
future management programs;
(C) to the extent practicable and necessary for the
evaluation of options for a comprehensive management system,
recover vessel production records; and
(D) complete by January 1, 1998, a comprehensive study on
the feasibility of implementing a comprehensive management
system for pelagic longline fishing vessels that participate
in fisheries for Atlantic highly migratory species,
including, but not limited to, individual fishing quota
programs and other limited access systems.
(2) Based on the study under paragraph (1)(D) and
consistent with the requirements of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), in
cooperation with affected participants in the fishery, the
United States Commissioners on the International Commission
for the Conservation of Atlantic Tunas, and the advisory
panel established under paragraph (1)(A), the Secretary of
Commerce may, after October 1, 1998, implement a
comprehensive management system pursuant to section 304 of
such Act (16 U.S.C. 1854) for pelagic longline fishing
vessels that participate in fisheries for Atlantic highly
migratory species. Such a system may not implement an
individual fishing quota program until after October 1, 2000.
(i) Repeal or Revocation of a Fishery Management Plan.--
Section 304, as amended, is further amended by adding at the
end the following:
``(h) Repeal or Revocation of a Fishery Management Plan.--
The Secretary may repeal or revoke a fishery management plan
for a fishery under the authority of a Council only if the
Council approves the repeal or revocation by a three-quarters
majority of the voting members of the Council.''.
(j) American Lobster Fishery.--Section 304(h) of the
Magnuson Fishery Conservation and Management Act, as amended
by this Act, shall not apply to the American Lobster Fishery
Management Plan.
SEC. 110. OTHER REQUIREMENTS AND AUTHORITY.
(a) Section 305 (18 U.S.C. 1855) is amended--
(1) by striking the title and subsection (a);
(2) by redesignating subsection (b) as subsection (f); and
(3) by inserting the following before subsection (c):
``SEC. 305. OTHER REQUIREMENTS AND AUTHORITY.
``(a) Gear Evaluation and Notification of Entry.--
``(1) Not later than 18 months after the date of enactment
of the Sustainable Fisheries Act, the Secretary shall publish
in the Federal Register, after notice and an opportunity for
public comment, a list of all fisheries--
``(A) under the authority of each Council and all fishing
gear used in such fisheries, based on information submitted
by the Councils under section 303(a); and
``(B) to which section 302(a)(3) applies and all fishing
gear used in such fisheries.
``(2) The Secretary shall include with such list guidelines
for determining when fishing
[[Page S10922]]
gear or a fishery is sufficiently different from those listed
as to require notification under paragraph (3).
``(3) Effective 180 days after the publication of such
list, no person or vessel may employ fishing gear or engage
in a fishery not included on such list without giving 90 days
advance written notice to the appropriate Council, or the
Secretary with respect to a fishery to which section
302(a)(3) applies. A signed return receipt shall serve as
adequate evidence of such notice and as the date upon which
the 90-day period begins.
``(4) A Council may submit to the Secretary any proposed
changes to such list or such guidelines the Council deems
appropriate. The Secretary shall publish a revised list,
after notice and an opportunity for public comment, upon
receiving any such proposed changes from a Council.
``(5) A Council may request the Secretary to promulgate
emergency regulations under subsection (c) to prohibit any
persons or vessels from using an unlisted fishing gear or
engaging in an unlisted fishery if the appropriate Council,
or the Secretary for fisheries to which section 302(a)(3)
applies, determines that such unlisted gear or unlisted
fishery would compromise the effectiveness of conservation
and management efforts under this Act.
``(6) Nothing in this subsection shall be construed to
permit a person or vessel to engage in fishing or employ
fishing gear when such fishing or gear is prohibited or
restricted by regulation under a fishery management plan or
plan amendment, or under other applicable law.
``(b) Fish Habitat.--(1)(A) The Secretary shall, within 6
months of the date of enactment of the Sustainable Fisheries
Act, establish by regulation guidelines to assist the
Councils in the description and identification of essential
fish habitat in fishery management plans (including adverse
impacts on such habitat) and in the consideration of actions
to ensure the conservation and enhancement of such habitat.
The Secretary shall set forth a schedule for the amendment of
fishery management plans to include the identification of
essential fish habitat and for the review and updating of
such identifications based on new scientific evidence or
other relevant information.
``(B) The Secretary, in consultation with participants in
the fishery, shall provide each Council with recommendations
and information regarding each fishery under that Council's
authority to assist it in the identification of essential
fish habitat, the adverse impacts on that habitat, and the
actions that should be considered to ensure the conservation
and enhancement of that habitat.
``(C) The Secretary shall review programs administered by
the Department of Commerce and ensure that any relevant
programs further the conservation and enhancement of
essential fish habitat.
``(D) The Secretary shall coordinate with and provide
information to other Federal agencies to further the
conservation and enhancement of essential fish habitat.
``(2) Each Federal agency shall consult with the Secretary
with respect to any action authorized, funded, or undertaken,
or proposed to be authorized, funded, or undertaken, by such
agency that may adversely affect any essential fish habitat
identified under this Act.
``(3) Each Council--
``(A) may comment on and make recommendations to the
Secretary and any Federal or State agency concerning any
activity authorized, funded, or undertaken, or proposed to be
authorized, funded, or undertaken, by any Federal or State
agency that, in the view of the Council, may affect the
habitat, including essential fish habitat, of a fishery
resource under its authority; and
``(B) shall comment on and make recommendations to the
Secretary and any Federal or State agency concerning any such
activity that, in the view of the Council, is likely to
substantially affect the habitat, including essential fish
habitat, of an anadromous fishery resource under its
authority.
``(4)(A) If the Secretary receives information from a
Council or Federal or State agency or determines from other
sources that an action authorized, funded, or undertaken, or
proposed to be authorized, funded, or undertaken, by any
State or Federal agency would adversely affect any essential
fish habitat identified under this Act, the Secretary shall
recommend to such agency measures that can be taken by such
agency to conserve such habitat.
``(B) Within 30 days after receiving a recommendation under
subparagraph (A), a Federal agency shall provide a detailed
response in writing to any Council commenting under paragraph
(3) and the Secretary regarding the matter. The response
shall include a description of measures proposed by the
agency for avoiding, mitigating, or offsetting the impact of
the activity on such habitat. In the case of a response that
is inconsistent with the recommendations of the Secretary,
the Federal agency shall explain its reasons for not
following the recommendations.''.
(b) Section 305(c) (16 U.S.C. 1855(c) is amended--
(1) in the heading by striking ``Actions'' and inserting
``Actions and Interim Measures'';
(2) in paragraphs (1) and (2)--
(A) by striking ``involving'' and inserting ``or that
interim measures are needed to reduce overfishing for''; and
(B) by inserting ``or interim measures'' after ``emergency
regulations''; and
(C) by inserting ``or overfishing'' after ``emergency'';
and
(3) in paragraph (3)--
(A) by inserting ``or interim measure'' after ``emergency
regulation'' each place such term appears;
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as subparagraph (D);
and
(D) by inserting after subparagraph (A) the following:
``(B) shall, except as provided in subparagraph (C), remain
in effect for not more than 180 days after the date of
publication, and may be extended by publication in the
Federal Register for one additional period of not more than
180 days, provided the public has had an opportunity to
comment on the emergency regulation or interim measure, and,
in the case of a Council recommendation for emergency
regulations or interim measures, the Council is actively
preparing a fishery management plan, plan amendment, or
proposed regulations to address the emergency or overfishing
on a permanent basis;
``(C) that responds to a public health emergency or an oil
spill may remain in effect until the circumstances that
created the emergency no longer exist, provided that the
public has an opportunity to comment after the regulation is
published, and, in the case of a public health emergency, the
Secretary of Health and Human Services concurs with the
Secretary's action; and''.
(c) Section 305(e) is amended--
(1) by striking ``12291, dated February 17, 1981,'' and
inserting ``12866, dated September 30, 1993,''; and
(2) by striking ``subsection (c) or section 304(a) and
(b)'' and inserting ``subsections (a), (b), and (c) of
section 304''.
(d) Section 305, as amended, is further amended by adding
at the end the following:
``(g) Negotiated Conservation and Management Measures.--
``(1)(A) In accordance with regulations promulgated by the
Secretary pursuant to this paragraph, a Council may establish
a fishery negotiation panel to assist in the development of
specific conservation and management measures for a fishery
under its authority. The Secretary may establish a fishery
negotiation panel to assist in the development of specific
conservation and management measures required for a fishery
under section 304(e)(5), for a fishery for which the
Secretary has authority under section 304(g), or for any
other fishery with the approval of the appropriate Council.
``(B) No later than 180 days after the date of enactment of
the Sustainable Fisheries Act, the Secretary shall promulgate
regulations establishing procedures, developed in cooperation
with the Administrative Conference of the United States, for
the establishment and operation of fishery negotiation
panels. Such procedures shall be comparable to the procedures
for negotiated rulemaking established by subchapter III of
chapter 5 of title 5, United States Code.
``(2) If a negotiation panel submits a report, such report
shall specify all the areas where consensus was reached by
the panel, including, if appropriate, proposed conservation
and management measures, as well as any other information
submitted by members of the negotiation panel. Upon receipt,
the Secretary shall publish such report in the Federal
Register for public comment.
``(3) Nothing in this subsection shall be construed to
require either a Council or the Secretary, whichever is
appropriate, to use all or any portion of a report from a
negotiation panel established under this subsection in the
development of specific conservation and management measures
for the fishery for which the panel was established.
``(h) Central Registry System for Limited Access System
Permits.--
``(1) Within 6 months after the date of enactment of the
Sustainable Fisheries Act, the Secretary shall establish an
exclusive central registry system (which may be administered
on a regional basis) for limited access system permits
established under section 303(b)(6) or other Federal law,
including individual fishing quotas, which shall provide for
the registration of title to, and interests in, such permits,
as well as for procedures for changes in the registration of
title to such permits upon the occurrence of involuntary
transfers, judicial or nonjudicial foreclosure of interests,
enforcement of judgments thereon, and related matters deemed
appropriate by the Secretary. Such registry system shall--
``(A) provide a mechanism for filing notice of a
nonjudicial foreclosure or enforcement of a judgment by which
the holder of a senior security interest acquires or conveys
ownership of a permit, and in the event of a nonjudicial
foreclosure, by which the interests of the holders of junior
security interests are released when the permit is
transferred;
``(B) provide for public access to the information filed
under such system, notwithstanding section 402(b); and
``(C) provide such notice and other requirements of
applicable law that the Secretary deems necessary for an
effective registry system.
``(2) The Secretary shall promulgate such regulations as
may be necessary to carry out this subsection, after
consulting with the Councils and providing an opportunity for
public comment. The Secretary is authorized to contract with
non-federal entities to administer the central registry
system.
``(3) To be effective and perfected against any person
except the transferor, its heirs
[[Page S10923]]
and devisees, and persons having actual notice thereof, all
security interests, and all sales and other transfers of
permits described in paragraph (1), shall be registered in
compliance with the regulations promulgated under paragraph
(2). Such registration shall constitute the exclusive means
of perfection of title to, and security interests in, such
permits, except for federal tax liens thereon, which shall be
perfected exclusively in accordance with the Internal Revenue
Code of 1986 (26 U.S.C. 1 et seq.). The Secretary shall
notify both the buyer and seller of a permit if a lien has
been filed by the Secretary of Treasury against the permit
before collecting any transfer fee under paragraph (5) of
this subsection.
``(4) The priority of security interests shall be
determined in order of filing, the first filed having the
highest priority. A validly-filed security interest shall
remain valid and perfected notwithstanding a change in
residence or place of business of the owner of record. For
the purposes of this subsection, `security interest' shall
include security interests, assignments, liens and other
encumbrances of whatever kind.
``(5)(A) Notwithstanding section 304(d)(1), the Secretary
shall collect a reasonable fee of not more than one-half of
one percent of the value of a limited access system permit
upon registration of the title to such permit with the
central registry system and upon the transfer of such
registered title. Any such fee collected shall be deposited
in the Limited Access System Administration Fund established
under subparagraph (B).
``(B) There is established in the Treasury a Limited Access
System Administration Fund. The Fund shall be available,
without appropriation or fiscal year limitation, only to the
Secretary for the purposes of--
``(i) administering the central registry system; and
``(ii) administering and implementing this Act in the
fishery in which the fees were collected. Sums in the Fund
that are not currently needed for these purposes shall be
kept on deposit or invested in obligations of, or guaranteed
by, the United States.''.
(e) Registry Transition.--Security interests on permits
described under section 305(h)(1) of the Magnuson Fishery
Conservation and Management Act, as amended by this Act, that
are effective and perfected by otherwise applicable law on
the date of the final regulations implementing section 305(h)
shall remain effective and perfected if, within 120 days
after such date, the secured party submits evidence
satisfactory to the Secretary of Commerce and in compliance
with such regulations of the perfection of such security.
SEC. 111. PACIFIC COMMUNITY FISHERIES.
(a) Harold Sparck Memorial Community Development Quota
Program.--Section 305, as amended, is amended further by
adding at the end:
``(i) Alaska and Western Pacific Community Development
Programs.--
``(1)(A) The North Pacific Council and the Secretary shall
establish a western Alaska community development quota
program under which a percentage of the total allowable catch
of any Bering Sea fishery is allocated to the program.
``(B) To be eligible to participate in the western Alaska
community development quota program under subparagraph (A) a
community shall--
``(i) be located within 50 nautical miles from the baseline
from which the breadth of the territorial sea is measured
along the Bering Sea coast from the Bering Strait to the
western most of the Aleutian Islands, or on an island within
the Bering Sea;
``(ii) not be located on the Gulf of Alaska coast of the
north Pacific Ocean;
``(iii) meet criteria developed by the Governor of Alaska,
approved by the Secretary, and published in the Federal
Register;
``(iv) be certified by the Secretary of the Interior
pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) to be a Native village;
``(v) consist of residents who conduct more than one-half
of their current commercial or subsistence fishing effort in
the waters of the Bering Sea or waters surrounding the
Aleutian Islands; and
``(vi) not have previously developed harvesting or
processing capability sufficient to support substantial
participation in the groundfish fisheries in the Bering Sea,
unless the community can show that the benefits from an
approved Community Development Plan would be the only way for
the community to realize a return from previous investments.
``(C)(i) Prior to October 1, 2001, the North Pacific
Council may not submit to the Secretary any fishery
management plan, plan amendment, or regulation that allocates
to the western Alaska community development quota program a
percentage of the total allowable catch of any Bering Sea
fishery for which, prior to October 1, 1995, the Council had
not approved a percentage of the total allowable catch for
allocation to such community development quota program. The
expiration of any plan, amendment, or regulation that meets
the requirements of clause (ii) prior to October 1, 2001,
shall not be construed to prohibit the Council from
submitting a revision or extension of such plan, amendment,
or regulation to the Secretary if such revision or extension
complies with the other requirements of this paragraph.
``(ii) With respect to a fishery management plan, plan
amendment, or regulation for a Bering Sea fishery that--
``(I) allocates to the western Alaska community development
quota program a percentage of the total allowable catch of
such fishery; and
``(II) was approved by the North Pacific Council prior to
October 1, 1995;
the Secretary shall, except as provided in clause (iii) and
after approval of such plan, amendment, or regulation under
section 304, allocate to the program the percentage of the
total allowable catch described in such plan, amendment, or
regulation. Prior to October 1, 2001, the percentage
submitted by the Council and approved by the Secretary for
any such plan, amendment, or regulation shall be no greater
than the percentage approved by the Council for such fishery
prior to October 1, 1995.
``(iii) The Secretary shall phase in the percentage for
community development quotas approved in 1995 by the North
Pacific Council for the Bering Sea crab fisheries as follows:
``(I) 3.5 percent of the total allowable catch of each such
fishery for 1998 shall be allocated to the western Alaska
community development quota program;
``(II) 5 percent of the total allowable catch of each such
fishery for 1999 shall be allocated to the western Alaska
community development quota program; and
``(III) 7.5 percent of the total allowable catch of each
such fishery for 2000 and thereafter shall be allocated to
the western Alaska community development quota program,
unless the North Pacific Council submits and the Secretary
approves a percentage that is no greater than 7.5 percent of
the total allowable catch of each such fishery for 2001 or
the North Pacific Council submits and the Secretary approves
any other percentage on or after October 1, 2001.
``(D) This paragraph shall not be construed to require the
North Pacific Council to resubmit, or the Secretary to
reapprove, any fishery management plan or plan amendment
approved by the North Pacific Council prior to October 1,
1995, that includes a community development quota program, or
any regulations to implement such plan or amendment.
``(2)(A) The Western Pacific Council and the Secretary may
establish a western Pacific community development program for
any fishery under the authority of such Council in order to
provide access to such fishery for western Pacific
communities that participate in the program.
``(B) To be eligible to participate in the western Pacific
community development program, a community shall--
``(i) be located within the Western Pacific Regional
Fishery Management Area;
``(ii) meet criteria developed by the Western Pacific
Council, approved by the Secretary and published in the
Federal Register;
``(iii) consist of community residents who are descended
from the aboriginal people indigenous to the area who
conducted commercial or subsistence fishing using traditional
fishing practices in the waters of the Western Pacific
region;
``(iv) not have previously developed harvesting or
processing capability sufficient to support substantial
participation in fisheries in the Western Pacific Regional
Fishery Management Area; and
``(v) develop and submit a Community Development Plan to
the Western Pacific Council and the Secretary.
``(C) In developing the criteria for eligible communities
under subparagraph (B)(ii), the Western Pacific Council shall
base such criteria on traditional fishing practices in or
dependence on the fishery, the cultural and social framework
relevant to the fishery, and economic barriers to access to
the fishery.
``(D) For the purposes of this subsection `Western Pacific
Regional Fishery Management Area' means the area under the
jurisdiction of the Western Pacific Council, or an island
within such area.
``(E) Notwithstanding any other provision of this Act, the
Western Pacific Council shall take into account traditional
indigenous fishing practices in preparing any fishery
management plan.
``(3) The Secretary shall deduct from any fees collected
from a community development quota program under section
304(d)(2) the costs incurred by participants in the program
for observer and reporting requirements which are in addition
to observer and reporting requirements of other participants
in the fishery in which the allocation to such program has
been made.
``(4) After the date of enactment of the Sustainable
Fisheries Act, the North Pacific Council and Western Pacific
Council may not submit to the Secretary a community
development quota program that is not in compliance with this
subsection.''.
(b) Western Pacific Demonstration Projects.--(1) The
Secretary of Commerce and the Secretary of the Interior are
authorized to make direct grants to eligible western Pacific
communities, as recommended by the Western Pacific Fishery
Management Council, for the purpose of establishing not less
than three and not more than five fishery demonstration
projects to foster and promote traditional indigenous fishing
practices. The total amount of grants awarded under this
subsection shall not exceed $500,000 in each fiscal year.
(2) Demonstration projects funded pursuant to this
subsection shall foster and promote the involvement of
western Pacific communities in western Pacific fisheries and
may--
(A) identify and apply traditional indigenous fishing
practices;
[[Page S10924]]
(B) develop or enhance western Pacific community-based
fishing opportunities; and
(C) involve research, community education, or the
acquisition of materials and equipment necessary to carry out
any such demonstration project.
(3)(A) The Western Pacific Fishery Management Council, in
consultation with the Secretary of Commerce, shall establish
an advisory panel under section 302(g) of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1852(g))
to evaluate, determine the relative merits of, and annually
rank applications for such grants. The panel shall consist of
not more than 8 individuals who are knowledgeable or
experienced in traditional indigenous fishery practices of
western Pacific communities and who are not members or
employees of the Western Pacific Fishery Management Council.
(B) If the Secretary of Commerce or the Secretary of the
Interior awards a grant for a demonstration project not in
accordance with the rank given to such project by the
advisory panel, the Secretary shall provide a detailed
written explanation of the reasons therefor.
(4) The Western Pacific Fishery Management Council shall,
with the assistance of such advisory panel, submit an annual
report to the Congress assessing the status and progress of
demonstration projects carried out under this subsection.
(5) Appropriate Federal agencies may provide technical
assistance to western Pacific community-based entities to
assist in carrying out demonstration projects under this
subsection.
(6) For the purposes of this subsection, `western Pacific
community' shall mean a community eligible to participate
under section 305(i)(2)(B) of the Magnuson Fishery
Conservation and Management Act, as amended by this Act.
SEC. 112. STATE JURISDICTION.
(a) Paragraph (3) of section 306(a) (16 U.S.C. 1856(a)) is
amended to read as follows:
``(3) A State may regulate a fishing vessel outside the
boundaries of the State in the following circumstances:
``(A) The fishing vessel is registered under the law of
that State, and (i) there is no fishery management plan or
other applicable federal fishing regulations for the fishery
in which the vessel is operating; or (ii) the State's laws
and regulations are consistent with the fishery management
plan and applicable federal fishing regulations for the
fishery in which the vessel is operating.
``(B) The fishery management plan for the fishery in which
the fishing vessel is operating delegates management of the
fishery to a State and the State's laws and regulations are
consistent with such fishery management plan. If at any time
the Secretary determines that a State law or regulation
applicable to a fishing vessel under this circumstance is not
consistent with the fishery management plan, the Secretary
shall promptly notify the State and the appropriate Council
of such determination and provide an opportunity for the
State to correct any inconsistencies identified in the
notification. If, after notice and opportunity for corrective
action, the State does not correct the inconsistencies
identified by the Secretary, the authority granted to the
State under this subparagraph shall not apply until the
Secretary and the appropriate Council find that the State has
corrected the inconsistencies. For a fishery for which there
was a fishery management plan in place on August 1, 1996 that
did not delegate management of the fishery to a State as of
that date, the authority provided by this subparagraph
applies only if the Council approves the delegation of
management of the fishery to the State by a three-quarters
majority vote of the voting members of the Council.
``(C) The fishing vessel is not registered under the law of
the State of Alaska and is operating in a fishery in the
exclusive economic zone off Alaska for which there was no
fishery management plan in place on August 1, 1996, and the
Secretary and the North Pacific Council find that there is a
legitimate interest of the State of Alaska in the
conservation and management of such fishery. The authority
provided under this subparagraph shall terminate when a
fishery management plan under this Act is approved and
implemented for such fishery.''.
(b) Section 306(b) (16 U.S.C. 1856(b)) is amended by adding
at the end the following:
``(3) If the State involved requests that a hearing be held
pursuant to paragraph (1), the Secretary shall conduct such
hearing prior to taking any action under paragraph (1).''.
(c) Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amended--
(1) by striking ``(4)(C); and'' in subparagraph (A) and
inserting ``(4)(C) or has received a permit under section
204(d);'';
(2) by striking the period at the end of subparagraph (B)
and inserting a semicolon and the word ``and''; and
(3) by inserting after subparagraph (B) the following:
``(C) the owner or operator of the vessel submits reports
on the tonnage of fish received from vessels of the United
States and the locations from which such fish were harvested,
in accordance with such procedures as the Secretary by
regulation shall prescribe.''.
(d) Interim Authority for Dungeness Crab.--(1) Subject to
the provisions of this subsection and notwithstanding section
306(a) of the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1856(a)), the States of Washington, Oregon,
and California may each enforce State laws and regulations
governing fish harvesting and processing against any vessel
operating in the exclusive economic zone off each respective
State in a fishery for Dungeness crab (Cancer magister) for
which there is no fishery management plan implemented under
the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(2) Any law or regulation promulgated under this subsection
shall apply equally to vessels operating in the exclusive
economic zone and adjacent State waters and shall be limited
to--
(A) establishment of season opening and closing dates,
including presoak dates for crab pots;
(B) setting of minimum sizes and crab meat recovery rates;
(C) restrictions on the retention of crab of a certain sex;
and
(D) closure of areas or pot limitations to meet the harvest
requirements arising under the jurisdiction of United States
v. Washington, subproceeding 89-3.
(3) With respect to the States of Washington, Oregon, and
California--
(A) any State law limiting entry to a fishery subject to
regulation under this subsection may not be enforced against
a vessel that is operating in the exclusive economic zone off
that State and is not registered under the law of that State,
if the vessel is otherwise legally fishing in the exclusive
economic zone, except that State laws regulating landings may
be enforced; and
(B) no vessel may harvest or process fish which is subject
to regulation under this subsection unless under an
appropriate State permit or pursuant to a Federal court
order.
(4) The authority provided under this subsection to
regulate the Dungeness crab fishery shall terminate on
October 1, 1999, or when a fishery management plan is
implemented under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) for such fishery,
whichever date is earlier.
(5) Nothing in this subsection shall reduce the authority
of any State, as such authority existed on July 1, 1996, to
regulate fishing, fish processing, or landing of fish.
(6)(A) It is the sense of Congress that the Pacific Fishery
Management Council, at the earliest practicable date, should
develop and submit to the Secretary fishery management plans
for shellfish fisheries conducted in the geographic area of
authority of the Council, especially Dungeness crab, which
are not subject to a fishery management plan on the date of
enactment of this Act.
(B) Not later than December 1, 1997, the Pacific Fishery
Management Council shall provide a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Resources of the House of Representatives
describing the progress in developing the fishery management
plans referred to in subparagraph (A) and any impediments to
such progress.
SEC. 113. PROHIBITED ACTS.
(a) Section 307(1)(J)(i) (16 U.S.C. 1857(1)(J)(i)) is
amended--
(1) by striking ``plan,'' and inserting ``plan''; and
(2) by inserting before the semicolon the following: ``, or
in the absence of any such plan, is smaller than the minimum
possession size in effect at the time under a coastal fishery
management plan for American lobster adopted by the Atlantic
States Marine Fisheries Commission under the Atlantic Coastal
Fisheries Cooperative Management Act (16 U.S.C. 5101 et
seq.)''.
(b) Section 307(1)(K) (16 U.S.C. 1857(1)(K)) is amended--
(1) by striking ``knowingly steal or without authorization,
to'' and inserting ``to steal or attempt to steal or to
negligently and without authorization''; and
(2) by striking ``gear, or attempt to do so;'' and insert
``gear;''.
(c) Section 307(1)(L) (16 U.S.C. 1857(1)(L)) is amended to
read as follows:
``(L) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with any
observer on a vessel under this Act, or any data collector
employed by the National Marine Fisheries Service or under
contract to any person to carry out responsibilities under
this Act;''.
(d) Section 307(1) (16 U.S.C. 1857(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (M);
(2) by striking ``pollock.'' in subparagraph (N) and
inserting ``pollock; or''; and
(3) by adding at the end the following:
``(O) to knowingly and willfully fail to disclose, or to
falsely disclose, any financial interest as required under
section 302(j), or to knowingly vote on a Council decision in
violation of section 302(j)(7)(A).''.
(e) Section 307(2)(A) (16 U.S.C. 1857(2)(A)) is amended to
read as follows:
``(A) in fishing within the boundaries of any State,
except--
``(i) recreational fishing permitted under section 201(i);
``(ii) fish processing permitted under section 306(c); or
``(iii) transshipment at sea of fish or fish products
within the boundaries of any State in accordance with a
permit approved under section 204(d);''.
(f) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended--
[[Page S10925]]
(1) by striking ``(j)'' and inserting ``(i)''; and
(2) by striking ``204(b) or (c)'' and inserting ``204(b),
(c), or (d)''.
(g) Section 307(3) (16 U.S.C. 1857(3)) is amended to read
as follows:
``(3) for any vessel of the United States, and for the
owner or operator of any vessel of the United States, to
transfer at sea directly or indirectly, or attempt to so
transfer at sea, any United States harvested fish to any
foreign fishing vessel, while such foreign vessel is within
the exclusive economic zone or within the boundaries of any
State except to the extent that the foreign fishing vessel
has been permitted under section 204(d) or section 306(c) to
receive such fish;''.
(h) Section 307(4) (16 U.S.C. 1857(4)) is amended by
inserting ``or within the boundaries of any State'' after
``zone''.
SEC. 114. CIVIL PENALTIES AND PERMIT SANCTIONS; REBUTTABLE
PRESUMPTIONS.
(a) Section 308(a) (16 U.S.C. 1858(a)) is amended by
striking ``ability to pay,'' and adding at the end the
following new sentence: ``In assessing such penalty the
Secretary may also consider any information provided by the
violator relating to the ability of the violator to pay,
provided that the information is served on the Secretary at
least 30 days prior to an administrative hearing.''.
(b) The first sentence of section 308(b) (16 U.S.C.
1858(b)) is amended to read as follows: ``Any person against
whom a civil penalty is assessed under subsection (a) or
against whom a permit sanction is imposed under subsection
(g) (other than a permit suspension for nonpayment of penalty
or fine) may obtain review thereof in the United States
district court for the appropriate district by filing a
complaint against the Secretary in such court within 30 days
from the date of such order.''.
(c) Section 308(g)(1)(C) (16 U.S.C. 1858(g)(1)(C)) is
amended by striking the matter from ``or (C) any'' through
``overdue,'' and inserting the following: ``(C) any amount in
settlement of a civil forfeiture imposed on a vessel or other
property, or any civil penalty or criminal fine imposed on a
vessel or owner or operator of a vessel or any other person
who has been issued or has applied for a permit under any
marine resource law enforced by the Secretary has not been
paid and is overdue, or (D) any payment required for observer
services provided to or contracted by an owner or operator
who has been issued a permit or applied for a permit under
any marine resource law administered by the Secretary has not
been paid and is overdue,''.
(d) Section 310(e) (16 U.S.C. 1860(e)) is amended by adding
at the end the following new paragraph:
``(3) For purposes of this Act, it shall be a rebuttable
presumption that any vessel that is shoreward of the outer
boundary of the exclusive economic zone of the United States
or beyond the exclusive economic zone of any nation, and that
has gear on board that is capable of use for large-scale
driftnet fishing, is engaged in such fishing.''.
SEC. 115. ENFORCEMENT.
(a) The second sentence of section 311(d) (16 U.S.C.
1861(d)) is amended--
(1) by striking ``Guam, any Commonwealth, territory, or''
and inserting ``Guam or any''; and
(2) by inserting a comma before the period and the
following: ``and except that in the case of the Northern
Mariana Islands, the appropriate court is the United States
District Court for the District of the Northern Mariana
Islands''.
(b) Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amended--
(1) by striking ``fishery'' each place it appears and
inserting ``marine'';
(2) by inserting ``of not less than 20 percent of the
penalty collected or $20,000, whichever is the lesser
amount,'' after ``reward'' in subparagraph (B), and
(3) by striking subparagraph (E) and inserting the
following:
``(E) claims of parties in interest to property disposed of
under section 612(b) of the Tariff Act of 1930 (19 U.S.C.
1612(b)), as made applicable by section 310(c) of this Act or
by any other marine resource law enforced by the Secretary,
to seizures made by the Secretary, in amounts determined by
the Secretary to be applicable to such claims at the time of
seizure; and''.
(c) Section 311(e)(2) (16 U.S.C. 1861(e)(2)) is amended to
read as follows:
``(2) Any person found in an administrative or judicial
proceeding to have violated this Act or any other marine
resource law enforced by the Secretary shall be liable for
the cost incurred in the sale, storage, care, and maintenance
of any fish or other property lawfully seized in connection
with the violation.''.
(d) Section 311 (16 U.S.C. 1861) is amended by
redesignating subsection (g) as subsection (h) , and by
inserting the following after subsection (f):
``(g) Enforcement in the Pacific Insular Areas.--The
Secretary, in consultation with the Governors of the Pacific
Insular Areas and the Western Pacific Council, shall to the
extent practicable support cooperative enforcement agreements
between Federal and Pacific Insular Area authorities.''.
(e) Section 311 (16 U.S.C. 1861), as amended by subsection
(d), is amended by striking ``201(b), (c),'' in subsection
(i)(1), as redesignated, and inserting ``201(b) or (c), or
section 204(d),''.
SEC. 116. TRANSITION TO SUSTAINABLE FISHERIES.
(a) Section 312 is amended to read as follows:
``SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES.
``(a) Fisheries Disaster Relief.--(1) At the discretion of
the Secretary or at the request of the Governor of an
affected State or a fishing community, the Secretary shall
determine whether there is a commercial fishery failure due
to a fishery resource disaster as a result of--
``(A) natural causes;
``(B) man-made causes beyond the control of fishery
managers to mitigate through conservation and management
measures; or
``(C) undetermined causes.
``(2) Upon the determination under paragraph (1) that there
is a commercial fishery failure, the Secretary is authorized
to make sums available to be used by the affected State,
fishing community, or by the Secretary in cooperation with
the affected State or fishing community for assessing the
economic and social effects of the commercial fishery
failure, or any activity that the Secretary determines is
appropriate to restore the fishery or prevent a similar
failure in the future and to assist a fishing community
affected by such failure. Before making funds available for
an activity authorized under this section, the Secretary
shall make a determination that such activity will not expand
the size or scope of the commercial fishery failure in that
fishery or into other fisheries or other geographic regions.
``(3) The Federal share of the cost of any activity carried
out under the authority of this subsection shall not exceed
75 percent of the cost of that activity.
``(4) There are authorized to be appropriated to the
Secretary such sums as are necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(b) Fishing Capacity Reduction Program.--(1) The
Secretary, at the request of the appropriate Council for
fisheries under the authority of such Council, or the
Governor of a State for fisheries under State authority, may
conduct a fishing capacity reduction program (referred to in
this section as the `program') in a fishery if the Secretary
determines that the program--
``(A) is necessary to prevent or end overfishing, rebuild
stocks of fish, or achieve measurable and significant
improvements in the conservation and management of the
fishery;
``(B) is consistent with the federal or State fishery
management plan or program in effect for such fishery, as
appropriate, and that the fishery management plan--
``(i) will prevent the replacement of fishing capacity
removed by the program through a moratorium on new entrants,
restrictions on vessel upgrades, and other effort control
measures, taking into account the full potential fishing
capacity of the fleet; and
``(ii) establishes a specified or target total allowable
catch or other measures that trigger closure of the fishery
or adjustments to reduce catch; and
``(C) is cost-effective and capable of repaying any debt
obligation incurred under section 1111 of title XI of the
Merchant Marine Act, 1936.
``(2) The objective of the program shall be to obtain the
maximum sustained reduction in fishing capacity at the least
cost and in a minimum period of time. To achieve that
objective, the Secretary is authorized to pay--
``(A) the owner of a fishing vessel, if such vessel is (i)
scrapped, or (ii) through the Secretary of the department in
which the Coast Guard is operating, subjected to title
restrictions that permanently prohibit and effectively
prevent its use in fishing, and if the permit authorizing the
participation of the vessel in the fishery is surrendered for
permanent revocation and the owner relinquishes any claim
associated with the vessel and permit that could qualify such
owner for any present or future limited access system permit
in the fishery for which the program is established; or
``(B) the holder of a permit authorizing participation in
the fishery, if such permit is surrendered for permanent
revocation, and such holder relinquishes any claim associated
with the permit and vessel used to harvest fishery resources
under the permit that could qualify such holder for any
present or future limited access system permit in the fishery
for which the program was established.
``(3) Participation in the program shall be voluntary, but
the Secretary shall ensure compliance by all who do
participate.
``(4) The Secretary shall consult, as appropriate, with
Councils, Federal agencies, State and regional authorities,
affected fishing communities, participants in the fishery,
conservation organizations, and other interested parties
throughout the development and implementation of any program
under this section.
``(c) Program Funding.--(1) The program may be funded by
any combination of amounts--
``(A) available under clause (iv) of section 2(b)(1)(A) of
the Act of August 11, 1939 (15 U.S.C. 713c-3(b)(1)(A); the
Saltonstall-Kennedy Act);
``(B) appropriated for the purposes of this section;
``(C) provided by an industry fee system established under
subsection (d) and in accordance with section 1111 of title
XI of the Merchant Marine Act, 1936; or
``(D) provided from any State or other public sources or
private or non-profit organizations.
[[Page S10926]]
``(2) All funds for the program, including any fees
established under subsection (d), shall be paid into the
fishing capacity reduction fund established under section
1111 of title XI of the Merchant Marine Act, 1936.
``(d) Industry Fee System.--(1)(A) If an industry fee
system is necessary to fund the program, the Secretary, at
the request of the appropriate Council, may conduct a
referendum on such system. Prior to the referendum, the
Secretary, in consultation with the Council, shall--
``(i) identify, to the extent practicable, and notify all
permit or vessel owners who would be affected by the program;
and
``(ii) make available to such owners information about the
industry fee system describing the schedule, procedures, and
eligibility requirements for the referendum, the proposed
program, and the amount and duration and any other terms and
conditions of the proposed fee system.
``(B) The industry fee system shall be considered approved
if the referendum votes which are cast in favor of the
proposed system constitute a two-thirds majority of the
participants voting.
``(2) Notwithstanding section 304(d) and consistent with an
approved industry fee system, the Secretary is authorized to
establish such a system to fund the program and repay debt
obligations incurred pursuant to section 1111 of title XI of
the Merchant Marine Act, 1936. The fees for a program
established under this section shall--
``(A) be determined by the Secretary and adjusted from time
to time as the Secretary considers necessary to ensure the
availability of sufficient funds to repay such debt
obligations;
``(B) not exceed 5 percent of the ex-vessel value of all
fish harvested from the fishery for which the program is
established;
``(C) be deducted by the first ex-vessel fish purchaser
from the proceeds otherwise payable to the seller and
accounted for and forwarded by such fish purchasers to the
Secretary in such manner as the Secretary may establish; and
``(D) be in effect only until such time as the debt
obligation has been fully paid.
``(e) Implementation Plan.--(1) The Secretary, in
consultation with the appropriate Council or State and other
interested parties, shall prepare and publish in the Federal
Register for a 60-day public comment period an implementation
plan, including proposed regulations, for each program. The
implementation plan shall--
``(A) define criteria for determining types and numbers of
vessels which are eligible for participation in the program
taking into account characteristics of the fishery, the
requirements of applicable fishery management plans, the
needs of fishing communities, and the need to minimize
program costs; and
``(B) establish procedures for program participation (such
as submission of owner bid under an auction system or fair
market-value assessment) including any terms and conditions
for participation which the Secretary deems to be reasonably
necessary to meet the goals of the program.
``(2) During the 60-day public comment period--
``(A) the Secretary shall conduct a public hearing in each
State affected by the program; and
``(B) the appropriate Council or State shall submit its
comments and recommendations, if any, regarding the plan and
regulations.
``(3) Within 45 days after the close of the public comment
period, the Secretary, in consultation with the appropriate
Council or State, shall analyze the public comment received
and publish in the Federal Register a final implementation
plan for the program and regulations for its implementation.
The Secretary may not adopt a final implementation plan
involving industry fees or debt obligation unless an industry
fee system has been approved by a referendum under this
section.''.
(b) Study of Federal Investment.--The Secretary of Commerce
shall establish a task force comprised of interested parties
to study and report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Resources of the House of Representatives within 2 years of
the date of enactment of this Act on the role of the Federal
Government in--
(1) subsidizing the expansion and contraction of fishing
capacity in fishing fleets managed under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.); and
(2) otherwise influencing the aggregate capital investments
in fisheries.
(c) Section 2(b)(1)(A) of the Act of August 11, 1939 (15
U.S.C. 713c3(b)(1)(A)) is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting a semicolon and the word ``and''; and
(3) by adding at the end the following new clause:
``(iv) to fund the Federal share of a fishing capacity
reduction program established under section 312 of the
Magnuson Fishery Conservation and Management Act; and''.
SEC. 117. NORTH PACIFIC AND NORTHWEST ATLANTIC OCEAN
FISHERIES.
(a) North Pacific Fisheries Conservation.--Section 313 (16
U.S.C. 1862) is amended--
(1) by striking ``RESEARCH PLAN'' in the section heading
and inserting ``CONSERVATION'';
(2) in subsection (a) by striking ``North Pacific Fishery
Management Council'' and inserting ``North Pacific Council'';
and
(3) by adding at the end the following:
``(f) Bycatch Reduction.--In implementing section
303(a)(11) and this section, the North Pacific Council shall
submit conservation and management measures to lower, on an
annual basis for a period of not less than four years, the
total amount of economic discards occurring in the fisheries
under its jurisdiction.
``(g) Bycatch Reduction Incentives.--(1) Notwithstanding
section 304(d), the North Pacific Council may submit, and the
Secretary may approve, consistent with the provisions of this
Act, a system of fines in a fishery to provide incentives to
reduce bycatch and bycatch rates; except that such fines
shall not exceed $25,000 per vessel per season. Any fines
collected shall be deposited in the North Pacific Fishery
Observer Fund, and may be made available by the Secretary to
offset costs related to the reduction of bycatch in the
fishery from which such fines were derived, including
conservation and management measures and research, and to the
State of Alaska to offset costs incurred by the State in the
fishery from which such penalties were derived or in
fisheries in which the State is directly involved in
management or enforcement and which are directly affected by
the fishery from which such penalties were derived.
``(2)(A) Notwithstanding section 303(d), and in addition to
the authority provided in section 303(b)(10), the North
Pacific Council may submit, and the Secretary may approve,
conservation and management measures which provide
allocations of regulatory discards to individual fishing
vessels as an incentive to reduce per vessel bycatch and
bycatch rates in a fishery, provided that--
``(i) such allocations may not be transferred for monetary
consideration and are made only on an annual basis; and
``(ii) any such conservation and management measures will
meet the requirements of subsection (h) and will result in an
actual reduction in regulatory discards in the fishery.
``(B) The North Pacific Council may submit restrictions in
addition to the restriction imposed by clause (i) of
subparagraph (A) on the transferability of any such
allocations, and the Secretary may approve such
recommendation.
``(h) Catch Measurement.--(1) By June 1, 1997 the North
Pacific Council shall submit, and the Secretary may approve,
consistent with the other provisions of this Act,
conservation and management measures to ensure total catch
measurement in each fishery under the jurisdiction of such
Council. Such measures shall ensure the accurate enumeration,
at a minimum, of target species, economic discards, and
regulatory discards.
``(2) To the extent the measures submitted under paragraph
(1) do not require United States fish processors and fish
processing vessels (as defined in chapter 21 of title 46,
United States Code) to weigh fish, the North Pacific Council
and the Secretary shall submit a plan to the Congress by
January 1, 1998, to allow for weighing, including
recommendations to assist such processors and processing
vessels in acquiring necessary equipment, unless the Council
determines that such weighing is not necessary to meet the
requirements of this subsection.
``(i) Full Retention and Utilization.--(1) The North
Pacific Council shall submit to the Secretary by October 1,
1998 a report on the advisability of requiring the full
retention by fishing vessels and full utilization by United
States fish processors of economic discards in fisheries
under its jurisdiction if such economic discards, or the
mortality of such economic discards, cannot be avoided. The
report shall address the projected impacts of such
requirements on participants in the fishery and describe any
full retention and full utilization requirements that have
been implemented.
``(2) The report shall address the advisability of measures
to minimize processing waste, including standards setting
minimum percentages which must be processed for human
consumption. For the purpose of the report, `processing
waste' means that portion of any fish which is processed and
which could be used for human consumption or other commercial
use, but which is not so used.''.
(b) Northwest Atlantic Ocean Fisheries.--Section 314 (16
U.S.C. 1863) is amended by striking ``1997'' in subsection
(a)(4) and inserting ``1999''.
TITLE II--FISHERY MONITORING AND RESEARCH
SEC. 201. CHANGE OF TITLE.
The heading of title IV (16 U.S.C. 1881 et seq.) is amended
to read as follows:
``TITLE IV--FISHERY MONITORING AND RESEARCH''.
SEC. 202. REGISTRATION AND INFORMATION MANAGEMENT.
Title IV (16 U.S.C. 1881 et seq.) is amended by inserting
after the title heading the following:
``SEC. 401. REGISTRATION AND INFORMATION MANAGEMENT.
``(a) Standardized Fishing Vessel Registration and
Information Management System.--The Secretary shall, in
cooperation with the Secretary of the department in which the
Coast Guard is operating, the States, the Councils, and
Marine Fisheries Commissions, develop recommendations for
implementation of a standardized fishing
[[Page S10927]]
vessel registration and information management system on a
regional basis. The recommendations shall be developed after
consultation with interested governmental and nongovernmental
parties and shall--
``(1) be designed to standardize the requirements of vessel
registration and information collection systems required by
this Act, the Marine Mammal Protection Act (16 U.S.C. 1361 et
seq.), and any other marine resource law implemented by the
Secretary, and, with the permission of a State, any marine
resource law implemented by such State;
``(2) integrate information collection programs under
existing fishery management plans into a non-duplicative
information collection and management system;
``(3) avoid duplication of existing state, tribal, or
federal systems and shall utilize, to the maximum extent
practicable, information collected from existing systems;
``(4) provide for implementation of the system through
cooperative agreements with appropriate State, regional, or
tribal entities and Marine Fisheries Commissions;
``(5) provide for funding (subject to appropriations) to
assist appropriate State, regional, or tribal entities and
Marine Fisheries Commissions in implementation;
``(6) establish standardized units of measurement,
nomenclature, and formats for the collection and submission
of information;
``(7) minimize the paperwork required for vessels
registered under the system;
``(8) include all species of fish within the geographic
areas of authority of the Councils and all fishing vessels
including charter fishing vessels, but excluding recreational
fishing vessels;
``(9) require United States fish processors, and fish
dealers and other first ex-vessel purchasers of fish that are
subject to the proposed system, to submit information (other
than economic information ) which may be necessary to meet
the goals of the proposed system; and
``(10) include procedures necessary to ensure--
``(A) the confidentiality of information collected under
this section in accordance with section 402(b); and
``(B) the timely release or availability to the public of
information collected under this section consistent with
section 402(b).
``(b) Fishing Vessel Registration.--The proposed
registration system should, at a minimum, obtain the
following information for each fishing vessel--
``(1) the name and official number or other identification,
together with the name and address of the owner or operator
or both;
``(2) gross tonnage, vessel capacity, type and quantity of
fishing gear, mode of operation (catcher, catcher processor,
or other), and such other pertinent information with respect
to vessel characteristics as the Secretary may require; and
``(3) identification (by species, gear type, geographic
area of operations, and season) of the fisheries in which the
fishing vessel participates.
``(c) Fishery Information.--The proposed information
management system should, at a minimum, provide basic
fisheries performance information for each fishery,
including--
``(1) the number of vessels participating in the fishery
including charter fishing vessels;
``(2) the time period in which the fishery occurs;
``(3) the approximate geographic location or official
reporting area where the fishery occurs;
``(4) a description of fishing gear used in the fishery,
including the amount and type of such gear and the
appropriate unit of fishing effort; and
``(5) other information required under subsection 303(a)(5)
or requested by the Council under section 402 .
``(d) Use of Registration.--Any registration recommended
under this section shall not be considered a permit for the
purposes of this Act, and the Secretary may not propose to
revoke, suspend, deny, or impose any other conditions or
restrictions on any such registration or the use of such
registration under this Act.
``(e) Public Comment.--Within one year after the date of
enactment of the Sustainable Fisheries Act, the Secretary
shall publish in the Federal Register for a 60-day public
comment period a proposal that would provide for
implementation of a standardized fishing vessel registration
and information collection system that meets the requirements
of subsections (a) through (c). The proposal shall include--
``(1) a description of the arrangements of the Secretary
for consultation and cooperation with the department in which
the Coast Guard is operating, the States, the Councils,
Marine Fisheries Commissions, the fishing industry and other
interested parties; and
``(2) any proposed regulations or legislation necessary to
implement the proposal.
``(f) Congressional Transmittal.--Within 60 days after the
end of the comment period and after consideration of comments
received under subsection (e), the Secretary shall transmit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Resources of the House of
Representatives a recommended proposal for implementation of
a national fishing vessel registration system that includes--
``(1) any modifications made after comment and
consultation;
``(2) a proposed implementation schedule, including a
schedule for the proposed cooperative agreements required
under subsection (a)(4); and
``(3) recommendations for any such additional legislation
as the Secretary considers necessary or desirable to
implement the proposed system.
``(g) Report to Congress.--Within 15 months after the date
of enactment of the Sustainable Fisheries Act, the Secretary
shall report to Congress on the need to include recreational
fishing vessels into a national fishing vessel registration
and information collection system. In preparing its report,
the Secretary shall cooperate with the Secretary of the
department in which the Coast Guard is operating, the States,
the Councils, and Marine Fisheries Commissions, and consult
with governmental and nongovernmental parties.''.
SEC. 203. INFORMATION COLLECTION.
Section 402 is amended to read as follows:
``SEC. 402. INFORMATION COLLECTION.
``(a) Council Requests.--If a Council determines that
additional information (other than information that would
disclose proprietary or confidential commercial or financial
information regarding fishing operations or fish processing
operations) would be beneficial for developing, implementing,
or revising a fishery management plan or for determining
whether a fishery is in need of management, the Council may
request that the Secretary implement an information
collection program for the fishery which would provide the
types of information (other than information that would
disclose proprietary or confidential commercial or financial
information regarding fishing operations or fish processing
operations) specified by the Council. The Secretary shall
undertake such an information collection program if he
determines that the need is justified, and shall promulgate
regulations to implement the program within 60 days after
such determination is made. If the Secretary determines that
the need for an information collection program is not
justified, the Secretary shall inform the Council of the
reasons for such determination in writing. The determinations
of the Secretary under this subsection regarding a Council
request shall be made within a reasonable period of time
after receipt of that request.
``(b) Confidentiality of Information.--(1) Any information
submitted to the Secretary by any person in compliance with
any requirement under this Act shall be confidential and
shall not be disclosed, except--
``(A) to Federal employees and Council employees who are
responsible for fishery management plan development and
monitoring;
``(B) to State or Marine Fisheries Commission employees
pursuant to an agreement with the Secretary that prevents
public disclosure of the identity or business of any person;
``(C) when required by court order;
``(D) when such information is used to verify catch under
an individual fishing quota program;
``(E) that observer information collected in fisheries
under the authority of the North Pacific Council may be
released to the public as specified in a fishery management
plan or regulation for weekly summary bycatch information
identified by vessel, and for haul-specific bycatch
information without vessel identification; or
``(F) when the Secretary has obtained written authorization
from the person submitting such information to release such
information to persons for reasons not otherwise provided for
in this subsection, and such release does not violate other
requirements of this Act.
``(2) The Secretary shall, by regulation, prescribe such
procedures as may be necessary to preserve the
confidentiality of information submitted in compliance with
any requirement or regulation under this Act, except that the
Secretary may release or make public any such information in
any aggregate or summary form which does not directly or
indirectly disclose the identity or business of any person
who submits such information. Nothing in this subsection
shall be interpreted or construed to prevent the use for
conservation and management purposes by the Secretary, or
with the approval of the Secretary, the Council, of any
information submitted in compliance with any requirement or
regulation under this Act or the use, release, or publication
of bycatch information pursuant to paragraph (1)(E) .
``(c) Restriction on Use of Certain Information.--(1) The
Secretary shall promulgate regulations to restrict the use,
in civil enforcement or criminal proceedings under this Act,
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
seq.), and the Endangered Species Act (16 U.S.C. 1531 et
seq.), of information collected by voluntary fishery data
collectors, including sea samplers, while aboard any vessel
for conservation and management purposes if the presence of
such a fishery data collector aboard is not required by any
of such Acts or regulations thereunder.
``(2) The Secretary may not require the submission of a
federal or State income tax return or statement as a
prerequisite for issuance of a permit until such time as the
Secretary has promulgated regulations to ensure the
confidentiality of information contained in such return or
statement, to limit the information submitted to that
necessary to achieve a demonstrated conservation and
management purpose, and to provide appropriate penalties for
violation of such regulations.
[[Page S10928]]
``(d) Contracting Authority.--Notwithstanding any other
provision of law, the Secretary may provide a grant,
contract, or other financial assistance on a sole-source
basis to a State, Council, or Marine Fisheries Commission for
the purpose of carrying out information collection or other
programs if--
``(1) the recipient of such a grant, contract, or other
financial assistance is specified by statute to be, or has
customarily been, such State, Council, or Marine Fisheries
Commission; or
``(2) the Secretary has entered into a cooperative
agreement with such State, Council, or Marine Fisheries
Commission.
``(e) Resource Assessments.--(1) The Secretary may use the
private sector to provide vessels, equipment, and services
necessary to survey the fishery resources of the United
States when the arrangement will yield statistically reliable
results.
``(2) The Secretary, in consultation with the appropriate
Council and the fishing industry--
``(A) may structure competitive solicitations under
paragraph (1) so as to compensate a contractor for a fishery
resources survey by allowing the contractor to retain for
sale fish harvested during the survey voyage;
``(B) in the case of a survey during which the quantity or
quality of fish harvested is not expected to be adequately
compensatory, may structure those solicitations so as to
provide that compensation by permitting the contractor to
harvest on a subsequent voyage and retain for sale a portion
of the allowable catch of the surveyed fishery; and
``(C) may permit fish harvested during such survey to count
towards a vessel's catch history under a fishery management
plan if such survey was conducted in a manner that precluded
a vessel's participation in a fishery that counted under the
plan for purposes of determining catch history.
``(3) The Secretary shall undertake efforts to expand
annual fishery resource assessments in all regions of the
Nation.''.
SEC. 204. OBSERVERS.
Section 403 is amended to read as follows:
``SEC. 403. OBSERVERS.
``(a) Guidelines for Carrying Observers.--Within one year
after the date of enactment of the Sustainable Fisheries Act,
the Secretary shall promulgate regulations, after notice and
opportunity for public comment, for fishing vessels that
carry observers. The regulations shall include guidelines for
determining--
``(1) when a vessel is not required to carry an observer on
board because the facilities of such vessel for the
quartering of an observer, or for carrying out observer
functions, are so inadequate or unsafe that the health or
safety of the observer or the safe operation of the vessel
would be jeopardized; and
``(2) actions which vessel owners or operators may
reasonably be required to take to render such facilities
adequate and safe.
``(b) Training.--The Secretary, in cooperation with the
appropriate States and the National Sea Grant College
Program, shall--
``(1) establish programs to ensure that each observer
receives adequate training in collecting and analyzing the
information necessary for the conservation and management
purposes of the fishery to which such observer is assigned;
``(2) require that an observer demonstrate competence in
fisheries science and statistical analysis at a level
sufficient to enable such person to fulfill the
responsibilities of the position;
``(3) ensure that an observer has received adequate
training in basic vessel safety; and
``(4) make use of university and any appropriate private
nonprofit organization training facilities and resources,
where possible, in carrying out this subsection.
``(c) Observer Status.--An observer on a vessel and under
contract to carry out responsibilities under this Act or the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.)
shall be deemed to be a Federal employee for the purpose of
compensation under the Federal Employee Compensation Act (5
U.S.C. 8101 et seq.).''.
SEC. 205. FISHERIES RESEARCH.
Section 404 is amended to read as follows:
``SEC. 404. FISHERIES RESEARCH.
``(a) In General.--The Secretary shall initiate and
maintain, in cooperation with the Councils, a comprehensive
program of fishery research to carry out and further the
purposes, policy, and provisions of this Act. Such program
shall be designed to acquire knowledge and information,
including statistics, on fishery conservation and management
and on the economics and social characteristics of the
fisheries.
``(b) Strategic Plan.--Within one year after the date of
enactment of the Sustainable Fisheries Act, and at least
every 3 years thereafter, the Secretary shall develop and
publish in the Federal Register a strategic plan for
fisheries research for the five years immediately following
such publication. The plan shall--
``(1) identify and describe a comprehensive program with a
limited number of priority objectives for research in each of
the areas specified in subsection (c);
``(2) indicate goals and timetables for the program
described in paragraph (1);
``(3) provide a role for commercial fishermen in such
research, including involvement in field testing;
``(4) provide for collection and dissemination, in a timely
manner, of complete and accurate information concerning
fishing activities, catch, effort, stock assessments, and
other research conducted under this section; and
``(5) be developed in cooperation with the Councils and
affected States, and provide for coordination with the
Councils, affected States, and other research entities.
``(c) Areas of Research.--Areas of research are as follows:
``(1) Research to support fishery conservation and
management, including but not limited to, biological research
concerning the abundance and life history parameters of
stocks of fish, the interdependence of fisheries or stocks of
fish, the identification of essential fish habitat, the
impact of pollution on fish populations, the impact of
wetland and estuarine degradation, and other factors
affecting the abundance and availability of fish.
``(2) Conservation engineering research, including the
study of fish behavior and the development and testing of new
gear technology and fishing techniques to minimize bycatch
and any adverse effects on essential fish habitat and promote
efficient harvest of target species.
``(3) Research on the fisheries, including the social,
cultural, and economic relationships among fishing vessel
owners, crew, United States fish processors, associated
shoreside labor, seafood markets and fishing communities.
``(4) Information management research, including the
development of a fishery information base and an information
management system under section 401 that will permit the full
use of information in the support of effective fishery
conservation and management.
``(d) Public Notice.--In developing the plan required under
subsection (a), the Secretary shall consult with relevant
Federal, State, and international agencies, scientific and
technical experts, and other interested persons, public and
private, and shall publish a proposed plan in the Federal
Register for the purpose of receiving public comment on the
plan. The Secretary shall ensure that affected commercial
fishermen are actively involved in the development of the
portion of the plan pertaining to conservation engineering
research. Upon final publication in the Federal Register, the
plan shall be submitted by the Secretary to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Resources of the House of Representatives.''.
SEC. 206. INCIDENTAL HARVEST RESEARCH.
Section 405 is amended to read as follows:
``SEC. 405. INCIDENTAL HARVEST RESEARCH.
``(a) Collection of Information.--Within nine months after
the date of enactment of the Sustainable Fisheries Act, the
Secretary shall, after consultation with the Gulf Council and
South Atlantic Council, conclude the collection of
information in the program to assess the impact on fishery
resources of incidental harvest by the shrimp trawl fishery
within the authority of such Councils. Within the same time
period, the Secretary shall make available to the public
aggregated summaries of information collected prior to June
30, 1994 under such program.
``(b) Identification of Stock.--The program concluded
pursuant to subsection (a) shall provide for the
identification of stocks of fish which are subject to
significant incidental harvest in the course of normal shrimp
trawl fishing activity.
``(c) Collection and Assessment of Specific Stock
Information.--For stocks of fish identified pursuant to
subsection (b), with priority given to stocks which (based
upon the best available scientific information) are
considered to be overfished, the Secretary shall conduct--
``(1) a program to collect and evaluate information on the
nature and extent (including the spatial and temporal
distribution) of incidental mortality of such stocks as a
direct result of shrimp trawl fishing activities;
``(2) an assessment of the status and condition of such
stocks, including collection of information which would allow
the estimation of life history parameters with sufficient
accuracy and precision to support sound scientific evaluation
of the effects of various management alternatives on the
status of such stocks; and
``(3) a program of information collection and evaluation
for such stocks on the magnitude and distribution of fishing
mortality and fishing effort by sources of fishing mortality
other than shrimp trawl fishing activity.
``(d) Bycatch Reduction Program.--Not later than 12 months
after the enactment of the Sustainable Fisheries Act, the
Secretary shall, in cooperation with affected interests, and
based upon the best scientific information available,
complete a program to--
``(1) develop technological devices and other changes in
fishing operations necessary and appropriate to minimize the
incidental mortality of bycatch in the course of shrimp trawl
activity to the extent practicable, taking into account the
level of bycatch mortality in the fishery on November 28,
1990;
``(2) evaluate the ecological impacts and the benefits and
costs of such devices and changes in fishing operations; and
``(3) assess whether it is practicable to utilize bycatch
which is not avoidable.
``(e) Report to Congress.--The Secretary shall, within one
year of completing the programs required by this section,
submit a detailed report on the results of such programs to
the Committee on Commerce, Science, and Transportation of the
Senate and the
[[Page S10929]]
Committee on Resources of the House of Representatives.
``(f) Implementation Criteria.--To the extent practicable,
any conservation and management measure implemented under
this Act to reduce the incidental mortality of bycatch in the
course of shrimp trawl fishing shall be consistent with--
``(1) measures applicable to fishing throughout the range
in United States waters of the bycatch species concerned; and
``(2) the need to avoid any serious adverse environmental
impacts on such bycatch species or the ecology of the
affected area.''.
SEC. 207. MISCELLANEOUS RESEARCH.
(a) Fisheries Systems Research.--Section 406 (16 U.S.C.
1882) is amended to read as follows:
``SEC. 406. FISHERIES SYSTEMS RESEARCH.
``(a) Establishment of Panel.--Not later than 180 days
after the date of enactment of the Sustainable Fisheries Act,
the Secretary shall establish an advisory panel under this
Act to develop recommendations to expand the application of
ecosystem principles in fishery conservation and management
activities.
``(b) Panel Membership.--The advisory panel shall consist
of not more than 20 individuals and include--
``(1) individuals with expertise in the structures,
functions, and physical and biological characteristics of
ecosystems; and
``(2) representatives from the Councils, States, fishing
industry, conservation organizations, or others with
expertise in the management of marine resources.
``(c) Recommendations.--Prior to selecting advisory panel
members, the Secretary shall, with respect to panel members
described in subsection (b)(1), solicit recommendations from
the National Academy of Sciences.
``(d) Report.--Within 2 years after the date of enactment
of this Act, the Secretary shall submit to the Congress a
completed report of the panel established under this section,
which shall include--
``(1) an analysis of the extent to which ecosystem
principles are being applied in fishery conservation and
management activities, including research activities;
``(2) proposed actions by the Secretary and by the Congress
that should be undertaken to expand the application of
ecosystem principles in fishery conservation and management;
and
``(3) such other information as may be appropriate.
``(e) Procedural Matter.--The advisory panel established
under this section shall be deemed an advisory panel under
section 302(g).''.
(b) Gulf of Mexico Red Snapper Research.--Title IV of the
Act (16 U.S.C. 1882) is amended by adding the following new
section:
``SEC. 407. GULF OF MEXICO RED SNAPPER RESEARCH.
``(a) Independent Peer Review.--(1) Within 30 days of the
date of enactment of the Sustainable Fisheries Act, the
Secretary shall initiate an independent peer review to
evaluate--
``(A) the accuracy and adequacy of fishery statistics used
by the Secretary for the red snapper fishery in the Gulf of
Mexico to account for all commercial, recreational, and
charter fishing harvests and fishing effort on the stock;
``(B) the appropriateness of the scientific methods,
information, and models used by the Secretary to assess the
status and trends of the Gulf of Mexico red snapper stock and
as the basis for the fishery management plan for the Gulf of
Mexico red snapper fishery;
``(C) the appropriateness and adequacy of the management
measures in the fishery management plan for red snapper in
the Gulf of Mexico for conserving and managing the red
snapper fishery under this Act; and
``(D) the costs and benefits of all reasonable alternatives
to an individual fishing quota program for the red snapper
fishery in the Gulf of Mexico.
``(2) The Secretary shall ensure that commercial,
recreational, and charter fishermen in the red snapper
fishery in the Gulf of Mexico are provided an opportunity
to--
``(A) participate in the peer review under this subsection;
and
``(B) provide information to the Secretary concerning the
review of fishery statistics under this subsection without
being subject to penalty under this Act or other applicable
law for any past violation of a requirement to report such
information to the Secretary.
``(3) The Secretary shall submit a detailed written report
on the findings of the peer review conducted under this
subsection to the Gulf Council no later than one year after
the date of enactment of the Sustainable Fisheries Act.
``(b) Prohibition.--In addition to the restrictions under
section 303(d)(1)(A), the Gulf Council may not, prior to
October 1, 2000, undertake or continue the preparation of any
fishery management plan, plan amendment or regulation under
this Act for the Gulf of Mexico commercial red snapper
fishery that creates an individual fishing quota program or
that authorizes the consolidation of licenses, permits, or
endorsements that result in different trip limits for vessels
in the same class.
``(c) Referendum.--
``(1) On or after October 1, 2000, the Gulf Council may
prepare and submit a fishery management plan, plan amendment,
or regulation for the Gulf of Mexico commercial red snapper
fishery that creates an individual fishing quota program or
that authorizes the consolidation of licenses, permits, or
endorsements that result in different trip limits for vessels
in the same class, only if the preparation of such plan,
amendment, or regulation is approved in a referendum
conducted under paragraph (2) and only if the submission to
the Secretary of such plan, amendment, or regulation is
approved in a subsequent referendum conducted under paragraph
(2).
``(2) The Secretary, at the request of the Gulf Council,
shall conduct referendums under this subsection. Only a
person who held an annual vessel permit with a red snapper
endorsement for such permit on September 1, 1996 (or any
person to whom such permit with such endorsement was
transferred after such date) and vessel captains who
harvested red snapper in a commercial fishery using such
endorsement in each red snapper fishing season occurring
between January 1, 1993, and such date may vote in a
referendum under this subsection. The referendum shall be
decided by a majority of the votes cast. The Secretary shall
develop a formula to weight votes based on the proportional
harvest under each such permit and endorsement and by each
such captain in the fishery between January 1, 1993, and
September 1, 1996. Prior to each referendum, the Secretary,
in consultation with the Council, shall--
``(A) identify and notify all such persons holding permits
with red snapper endorsements and all such vessel captains;
and
``(B) make available to all such persons and vessel
captains information about the schedule, procedures, and
eligibility requirements for the referendum and the proposed
individual fishing quota program.
``(d) Catch Limits.--Any fishery management plan, plan
amendment, or regulation submitted by the Gulf Council for
the red snapper fishery after the date of enactment of the
Sustainable Fisheries Act shall contain conservation and
management measures that--
``(1) establish separate quotas for recreational fishing
(which, for the purposes of this subsection shall include
charter fishing) and commercial fishing that, when reached,
result in a prohibition on the retention of fish caught
during recreational fishing and commercial fishing,
respectively, for the remainder of the fishing year; and
``(2) ensure that such quotas reflect allocations among
such sectors and do not reflect any harvests in excess of
such allocations.''.
SEC. 208. STUDY OF CONTRIBUTION OF BYCATCH TO CHARITABLE
ORGANIZATIONS.
(a) Study.--The Secretary of Commerce shall conduct a study
of the contribution of bycatch to charitable organizations by
commercial fishermen. The study shall include determinations
of--
(1) the amount of bycatch that is contributed each year to
charitable organizations by commercial fishermen;
(2) the economic benefits to commercial fishermen from
those contributions; and
(3) the impact on fisheries of the availability of those
benefits.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Commerce shall submit
to the Congress a report containing determinations made in
the study under subsection (a).
(c) Bycatch Defined.--In this section the term ``bycatch''
has the meaning given that term in section 3 of the Magnuson
Fishery Conservation and Management Act, as amended by
section 102 of this Act.
SEC. 209. STUDY OF IDENTIFICATION METHODS FOR HARVEST STOCKS.
(a) In General.--The Secretary of Commerce shall conduct a
study to determine the best possible method of identifying
various Atlantic and Pacific salmon and steelhead stocks in
the ocean at time of harvest. The study shall include an
assessment of--
(1) coded wire tags;
(2) fin clipping; and
(3) other identification methods.
(b) Report.--The Secretary shall report the results of the
study, together with any recommendations for legislation
deemed necessary based on the study, within 6 months after
the date of enactment of this Act to the Committee on
Resources of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
SEC. 210. REVIEW OF NORTHEAST FISHERY STOCK ASSESSMENTS.
The National Academy of Sciences, in consultation with
regionally recognized fishery experts, shall conduct a peer
review of Canadian and United States stock assessments,
information collection methodologies, biological assumptions
and projections, and other relevant scientific information
used as the basis for conservation and management in the
Northeast multispecies fishery. The National Academy of
Sciences shall submit the results of such review to the
Congress and the Secretary of Commerce no later than March 1,
1997.
SEC. 211. CLERICAL AMENDMENTS.
The table of contents is amended by striking the matter
relating to title IV and inserting the following:
``Sec. 312. Transition to sustainable fisheries.
``Sec. 313. North Pacific fisheries conservation.
``Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program.
``TITLE IV--FISHERY MONITORING AND RESEARCH
``Sec. 401. Registration and information management.
[[Page S10930]]
``Sec. 402. Information collection.
``Sec. 403. Observers.
``Sec. 404. Fisheries research.
``Sec. 405. Incidental harvest research.
``Sec. 406. Fisheries systems research.
``Sec. 407. Gulf of Mexico red snapper research.''.
TITLE III--FISHERIES FINANCING
SEC. 301. SHORT TITLE.
This title may be cited as the ``Fisheries Financing Act''.
SEC. 302. INDIVIDUAL FISHING QUOTA LOANS.
(a) Amendment of Merchant Marine Act, 1936.--Section 1104A
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1274) is
amended--
(1) by striking ``or'' at the end of subsection (a)(5);
(2) by striking the period at the end of subsection (a)(6)
and inserting a semicolon and ``or'';
(3) by adding at the end of subsection (a) the following:
``(7) financing or refinancing, including, but not limited
to, the reimbursement of obligors for expenditures previously
made, for the purchase of individual fishing quotas in
accordance with section 303(d)(4) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1853(d)(4)).'';
and
(4) by striking ``paragraph (6)'' in the last sentence of
subsection (a) and inserting ``paragraphs (6) and (7)''; and
(5) by striking ``equal to'' in the third proviso of
subsection (b)(2) and inserting ``not to exceed''.
(b) Prohibition.--Until October 1, 2001, no new loans may
be guaranteed by the Federal Government for the construction
of new fishing vessels if the construction will result in an
increased harvesting capacity within the United States
exclusive economic zone.
SEC. 303. FISHERIES FINANCING AND CAPACITY REDUCTION.
(a) Capacity Reduction and Financing Authority.--Title XI
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et
seq.), is amended by adding at the end the following new
sections:
``Sec. 1111. (a) The Secretary is authorized to guarantee
the repayment of debt obligations issued by entities under
this section. Debt obligations to be guaranteed may be issued
by any entity that has been approved by the Secretary and has
agreed with the Secretary to such conditions as the Secretary
deems necessary for this section to achieve the objective of
the program and to protect the interest of the United States.
``(b) Any debt obligation guaranteed under this section
shall--
``(1) be treated in the same manner and to the same extent
as other obligations guaranteed under this title, except with
respect to provisions of this title that by their nature
cannot be applied to obligations guaranteed under this
section;
``(2) have the fishing fees established under the program
paid into a separate subaccount of the fishing capacity
reduction fund established under this section;
``(3) not exceed $100,000,000 in an unpaid principal amount
outstanding at any one time for a program;
``(4) have such maturity (not to exceed 20 years), take
such form, and contain such conditions as the Secretary
determines necessary for the program to which they relate;
``(5) have as the exclusive source of repayment (subject to
the proviso in subsection (c)(2)) and as the exclusive
payment security, the fishing fees established under the
program; and
``(6) at the discretion of the Secretary be issued in the
public market or sold to the Federal Financing Bank.
``(c)(1) There is established in the Treasury of the United
States a separate account which shall be known as the fishing
capacity reduction fund (referred to in this section as the
`fund'). Within the fund, at least one subaccount shall be
established for each program into which shall be paid all
fishing fees established under the program and other amounts
authorized for the program.
``(2) Amounts in the fund shall be available, without
appropriation or fiscal year limitation, to the Secretary to
pay the cost of the program, including payments to financial
institutions to pay debt obligations incurred by entities
under this section; provided that funds available for this
purpose from other amounts available for the program may also
be used to pay such debt obligations.
``(3) Sums in the fund that are not currently needed for
the purpose of this section shall be kept on deposit or
invested in obligations of the United States.
``(d) The Secretary is authorized and directed to issue
such regulations as the Secretary deems necessary to carry
out this section.
``(e) For the purposes of this section, the term `program'
means a fishing capacity reduction program established under
section 312 of the Magnuson Fishery Conservation and
Management Act.
``Sec. 1112. (a) Notwithstanding any other provision of
this title, all obligations involving any fishing vessel,
fishery facility, aquaculture facility, individual fishing
quota, or fishing capacity reduction program issued under
this title after the date of enactment of the Sustainable
Fisheries Act shall be direct loan obligations, for which the
Secretary shall be the obligee, rather than obligations
issued to obligees other than the Secretary and guaranteed by
the Secretary. All direct loan obligations under this section
shall be treated in the same manner and to the same extent as
obligations guaranteed under this title except with respect
to provisions of this title which by their nature can only be
applied to obligations guaranteed under this title.
``(b) Notwithstanding any other provisions of this title,
the annual rate of interest which obligors shall pay on
direct loan obligations under this section shall be fixed at
two percent of the principal amount of such obligations
outstanding plus such additional percent as the Secretary
shall be obligated to pay as the interest cost of borrowing
from the United States Treasury the funds with which to make
such direct loans.''.
TITLE IV--MARINE FISHERY STATUTE REAUTHORIZATIONS
SEC. 401. MARINE FISH PROGRAM AUTHORIZATION OF
APPROPRIATIONS.
(a) Fisheries Information Collection and Analysis.--There
are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric
Administration to carry out fisheries information and
analysis activities under the Fish and Wildlife Act of 1956
(16 U.S.C. 742a et seq.) and any other law involving those
activities, $51,800,000 for fiscal year 1997, and $52,345,000
for each of the fiscal years 1998, 1999, and 2000. Such
activities may include, but are not limited to, the
collection, analysis, and dissemination of scientific
information necessary for the management of living marine
resources and associated marine habitat.
(b) Fisheries Conservation and Management Operations.--
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric
Administration to carry out activities relating to fisheries
conservation and management operations under the Fish and
Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and any other
law involving those activities, $29,028,000 for fiscal year
1997, and $29,899,000 for each of the fiscal years 1998,
1999, and 2000. Such activities may include, but are not
limited to, development, implementation, and enforcement of
conservation and management measures to achieve continued
optimum use of living marine resources, hatchery operations,
habitat conservation, and protected species management.
(c) Fisheries State and Industry Cooperative Programs.--
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric
Administration to carry out State and industry cooperative
programs under the Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.) and any other law involving those activities,
$27,932,000 for fiscal year 1997, and $28,226,000 for each of
the fiscal years 1998, 1999, and 2000. These activities
include, but are not limited to, ensuring the quality and
safety of seafood products and providing grants to States for
improving the management of interstate fisheries.
(d) Authorization of Appropriations for Chesapeake Bay
Office.--Section 2(e) of the National Oceanic and Atmospheric
Administration Marine Fisheries Program Authorization Act
(Public Law 98-210; 97 Stat. 1409) is amended--
(1) by striking ``1992 and 1993'' and inserting ``1997 and
1998'';
(2) by striking ``establish'' and inserting ``operate'';
(3) by striking ``306'' and inserting ``307''; and
(4) by striking ``1991'' and inserting ``1992''.
(e) Relation to Other Laws.--Authorizations under this
section shall be in addition to monies authorized under the
Magnuson Fishery Conservation and Management Act of 1976 (16
U.S.C. 1801 et seq.), the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), the Endangered Species Act of
1973 (16 U.S.C. 3301 et seq.), the Anadromous Fish
Conservation Act (16 U.S.C. 757 et seq.), and the
Interjurisdictional Fisheries Act (16 U.S.C. 4107 et seq.).
(f) New England Health Plan.--The Secretary of Commerce is
authorized to provide up to $2,000,000 from previously
appropriated funds to Caritas Christi for the implementation
of a health care plan for fishermen in New England if Caritas
Christi submits such plan to the Secretary no later than
January 1, 1997, and the Secretary, in consultation with the
Secretary of Health and Human Services, approves such plan.
SEC. 402. INTERJURISDICTIONAL FISHERIES ACT AMENDMENTS.
(a) Reauthorization.--Section 308 of the
Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) General Appropriations.--There are authorized to be
appropriated to the Department of Commerce for apportionment
to carry out the purposes of this title--
``(1) $3,400,000 for fiscal year 1996;
``(2) $3,900,000 for fiscal year 1997;
``(3) $4,400,000 for each of the fiscal years 1998, 1999,
and 2000.'';
(2) by striking ``$350,000 for each of the fiscal years
1989, 1990, 1991, 1992, and 1993, and $600,000 for each of
the fiscal years 1994 and 1995,'' in subsection (c) and
inserting ``$700,000 for fiscal year 1997, and $750,000 for
each of the fiscal years 1998, 1999, and 2000,''.
(b) New England Report.--Section 308(d) of the
Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(d))
is amended by adding at the end the following new paragraph:
``(7) With respect to funds available for the New England
region, the Secretary shall submit to the Congress by January
1, 1997, with annual updates thereafter as appropriate, a
[[Page S10931]]
report on the New England fishing capacity reduction
initiative which provides:
``(A) the total number of Northeast multispecies permits in
each permit category and calculates the maximum potential
fishing capacity of vessels holding such permits based on the
principal gear, gross registered tonnage, engine horsepower,
length, age, and other relevant characteristics;
``(B) the total number of days at sea available to the
permitted Northeast multispecies fishing fleet and the total
days at sea weighted by the maximum potential fishing
capacity of the fleet;
``(C) an analysis of the extent to which the weighted days
at sea are used by the active participants in the fishery and
of the reduction in such days as a result of the fishing
capacity reduction program; and
``(D) an estimate of conservation benefits (such as
reduction in fishing mortality) directly attributable to the
fishing capacity reduction program.''.
SEC. 403. ANADROMOUS FISHERIES AMENDMENTS.
Section 4 of the Anadromous Fish Conservation Act (16
U.S.C. 757d) is amended to read as follows:
``Sec. 4. (a)(1) There are authorized to be appropriated to
carry out the purposes of this Act not to exceed the
following sums:
``(A) $4,000,000 for fiscal year 1997; and
``(B) $4,250,000 for each of fiscal years 1998, 1999, and
2000.
``(2) Sums appropriated under this subsection are
authorized to remain available until expended.
``(b) Not more than $625,000 of the funds appropriated
under this section in any one fiscal year shall be obligated
in any one State.''.
SEC. 404. ATLANTIC COASTAL FISHERIES AMENDMENTS.
(a) Definition.--Paragraph (1) of section 803 of the
Atlantic Coastal Fisheries Cooperative Management Act (16
U.S.C. 5102) is amended--
(1) by inserting ``and'' after the semicolon in
subparagraph (A);
(2) by striking ``States; and'' in subparagraph (B) and
inserting ``States.''; and
(3) by striking subparagraph (C).
(b) Implementation Standard for Federal Regulation.--
Subparagraph (A) of section 804(b)(1) of such Act (16 U.S.C.
5103(b)(1)) is amended by striking ``necessary to support''
and inserting ``compatible with''.
(c) American Lobster Management.--Section 809 (16 U.S.C.
5108) and section 810 of such Act are redesignated as
sections 811 and 812, respectively, and the following new
sections are inserted at the end of section 808:
``SEC. 809. STATE PERMITS VALID IN CERTAIN WATERS.
``(a) Permits.--Notwithstanding any provision of the
Magnuson Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.), the Atlantic Coastal Fisheries Cooperative
Management Act (16 U.S.C. 5101 et seq.), or any requirement
of a fishery management plan or coastal fishery management
plan to the contrary, a person holding a valid license issued
by the State of Maine which lawfully permits that person to
engage in commercial fishing for American lobster may, with
the approval of the State of Maine, engage in commercial
fishing for American Lobster in the following areas
designated as federal waters, if such fishing is conducted in
such waters in accordance with all other applicable federal
and state regulations:
``(1) west of Monhegan Island in the area located north of
the line 43 deg. 42' 08" N, 69 deg. 34' 18" W and 43 deg. 42'
15" N, 69 deg. 19' 18" W;
``(2) east of Monhegan Island in the area located west of
the line 43 deg. 44' 00" N, 69 deg. 15' 05" W and 43 deg. 48'
10" N, 69 deg. 08' 01" W;
``(3) south of Vinalhaven in the area located west of the
line 43 deg. 52' 21" N, 68 deg. 39' 54" W and 43 deg. 48' 10"
N, 69 deg. 08' 01" W; and
``(4) south of Bois Bubert Island in the area located north
of the line 44 deg. 19' 15" N, 67 deg. 49' 30" W and 44 deg.
23' 45" N, 67 deg. 40' 33" W.
``(b) Enforcement.--The exemption from federal fishery
permitting requirements granted by subsection (a) may be
revoked or suspended by the Secretary in accordance with
section 308(g) of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1858(g)) for violations of such Act
or this Act.
``SEC. 810. TRANSITION TO MANAGEMENT OF AMERICAN LOBSTER
FISHERY BY COMMISSION.
``(a) Temporary Limits.--Notwithstanding any other
provision of this Act or of the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.), if no
regulations have been issued under section 804(b) of this Act
by December 31, 1997, to implement a coastal fishery
management plan for American lobster, then the Secretary
shall issue interim regulations before March 1, 1998, that
will prohibit any vessel that takes lobsters in the exclusive
economic zone by a method other than pots or traps from
landing lobsters (or any parts thereof) at any location
within the United States in excess of--
``(1) 100 lobsters (or parts thereof) for each fishing trip
of 24 hours or less duration (up to a maximum of 500
lobsters, or parts thereof, during any 5-day period); or
``(2) 500 lobsters (or parts thereof) for a fishing trip of
5 days or longer.
``(b) Secretary to Monitor Landings.--Before January 1,
1998, the Secretary shall monitor, on a timely basis,
landings of American lobster, and, if the Secretary
determines that catches from vessels that take lobsters in
the exclusive economic zone by a method other than pots or
traps have increased significantly, then the Secretary may,
consistent with the national standards in section 301 of the
Magnuson Fishery Conservation and Management Act (16 U.S.C.
1801), and after opportunity for public comment and
consultation with the Atlantic States Marine Fisheries
Commission, implement regulations under section 804(b) of
this Act that are necessary for the conservation of American
lobster.
``(c) Regulations to Remain in Effect Until Plan
Implemented.--Regulations issued under subsection (a) or (b)
shall remain in effect until the Secretary implements
regulations under section 804(b) of this Act to implement a
coastal fishery management plan for American lobster.''.
(d) Authorization of Appropriations.--Section 810 of such
Act, as amended by this Act, is amended further by striking
``1996.'' and inserting ``1996, and $7,000,000 for each of
the fiscal years 1997, 1998, 1999, and 2000.''.
SEC. 405. TECHNICAL AMENDMENTS TO MARITIME BOUNDARY
AGREEMENT.
(a) Execution of Prior Amendments to Definitions.--
Notwithstanding section 308 of the Act entitled ``An Act to
provide for the designation of the Flower Garden Banks
National Marine Sanctuary'', approved March 9, 1992 (Public
Law 102-251; 106 Stat. 66) hereinafter referred to as the
``FGB Act'', section 301(b) of that Act (adding a definition
of the term ``special areas'') shall take effect on the date
of enactment of this Act.
(b) Conforming Amendments.--
(1) Section 301(h)(2)(A) of the FGB Act is repealed.
(2) Section 304 of the FGB Act is repealed.
(3) Section 3(15) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1362(15)) is amended to read as follows:
``(15) The term `waters under the jurisdiction of the
United States' means--
``(A) the territorial sea of the United States;
``(B) the waters included within a zone, contiguous to the
territorial sea of the United States, of which the inner
boundary is a line coterminous with the seaward boundary of
each coastal State, and the other boundary is a line drawn in
such a manner that each point on it is 200 nautical miles
from the baseline from which the territorial sea is measured;
and
``(C) the areas referred to as eastern special areas in
Article 3(1) of the Agreement between the United States of
America and the Union of Soviet Socialist Republics on the
Maritime Boundary, signed June 1, 1990; in particular, those
areas east of the maritime boundary, as defined in that
Agreement, that lie within 200 nautical miles of the
baselines from which the breadth of the territorial sea of
Russia is measured but beyond 200 nautical miles of the
baselines from which the breadth of the territorial sea of
the United States is measured, except that this subparagraph
shall not apply before the date on which the Agreement
between the United States and the Union of Soviet Socialist
Republics on the Maritime Boundary, signed June 1, 1990,
enters into force for the United States.''.
SEC. 406. AMENDMENTS TO THE FISHERIES ACT.
Section 309(b) of the Fisheries Act of 1995 (Public Law
104-43) is amended by striking ``July 1, 1996'' and inserting
``July 1, 1997''.
Mr. HATFIELD. Mr. President, I move to reconsider the vote by which
the bill was passed.
Mr. LOTT. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. LOTT addressed the Chair.
The PRESIDING OFFICER. The majority leader.
Mr. LOTT. Mr. President, once again I thank and congratulate all
those who worked on this very important legislation. I especially thank
the distinguished Senator from Alaska for the work that he did from the
Commerce Committee at the subcommittee level.
There was a lot of pressure to move earlier. If we had, there would
have been all kinds of problems. By persistence and negotiations, I
think we came up with really good legislation.
I thank the Senator from Alaska, the Senator from Washington, Senator
Gorton, the Senator from Massachusetts, Senator Kerry, and everybody
who worked on it. This is very, very important legislation.
Now we want to move forward getting through the process so we have it
done before we go out.
____________________