[Congressional Record Volume 142, Number 136 (Friday, September 27, 1996)]
[House]
[Pages H11418-H11445]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       SUSTAINABLE FISHERIES ACT

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the Senate bill (S. 39) to amend the Magnuson Fishery Conservation 
and Management Act to authorize appropriations, to provide for 
sustainable fisheries, and for other purposes.
  The Clerk read 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.
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

[[Page H11419]]

     alive under a recreational catch and release fishery 
     management program.
       ``(3) The term `charter fishing' means fishing from a 
     vessel carrying a passenger for hire (as defined in section 
     2101(21a) of title 46, United States Code) who is engaged in 
     recreational fishing.
       ``(4) The term `commercial fishing' means fishing in which 
     the fish harvested, either in whole or in part, are intended 
     to enter commerce or enter commerce through sale, barter or 
     trade.'';
       (2) in paragraph (7) (as redesignated)--
       (A) by striking ``COELENTERATA'' from the heading of the 
     list of corals and inserting ``CNIDARIA''; and
       (B) in the list appearing under the heading ``CRUSTACEA'', 
     by striking ``Deep-sea Red Crab--Geryon quinquedens'' and 
     inserting ``Deep-sea Red Crab--Chaceon quinquedens'';
       (3) by redesignating paragraphs (9) through (35) (as 
     redesignated) as paragraphs (11) through (37), respectively, 
     and inserting after paragraph (8) (as redesignated) the 
     following:
       ``(9) The term `economic discards' means fish which are the 
     target of a fishery, but which are not retained because they 
     are of an undesirable size, sex, or quality, or for other 
     economic reasons.
       ``(10) The term `essential fish habitat' means those waters 
     and substrate necessary to fish for spawning, breeding, 
     feeding or growth to maturity.'';
       (4) by redesignating paragraphs (16) through (37) (as 
     redesignated) as paragraphs (17) through (38), respectively, 
     and inserting after paragraph (15) (as redesignated) the 
     following:
       ``(16) The term `fishing community' means a community which 
     is substantially dependent on or substantially engaged in the 
     harvest or processing of fishery resources to meet social and 
     economic needs, and includes fishing vessel owners, 
     operators, and crew and United States fish processors that 
     are based in such community.'';
       (5) by redesignating paragraphs (21) through (38) (as 
     redesignated) as paragraphs (22) through (39), respectively, 
     and inserting after paragraph (20) (as redesignated) the 
     following:
       ``(21) The term `individual fishing quota' means a Federal 
     permit under a limited access system to harvest a quantity of 
     fish, expressed by a unit or units representing a percentage 
     of the total allowable catch of a fishery that may be 
     received or held for exclusive use by a person. Such term 
     does not include community development quotas as described in 
     section 305(i).'';
       (6) by striking ``of one and one-half miles'' in paragraph 
     (23) (as redesignated) and inserting ``of two and one-half 
     kilometers'';
       (7) by striking paragraph (28) (as redesignated), and 
     inserting the following:
       ``(28) The term `optimum', with respect to the yield from a 
     fishery, means the amount of fish which--
       ``(A) will provide the greatest overall benefit to the 
     Nation, particularly with respect to food production and 
     recreational opportunities, and taking into account the 
     protection of marine ecosystems;
       ``(B) is prescribed on the basis of the maximum sustainable 
     yield from the fishery, as reduced by any relevant social, 
     economic, or ecological factor; and
       ``(C) in the case of an overfished fishery, provides for 
     rebuilding to a level consistent with producing the maximum 
     sustainable yield in such fishery.'';
       (8) by redesignating paragraphs (29) through (39) (as 
     redesignated) as paragraphs (31) through (41), respectively, 
     and inserting after paragraph (28) (as redesignated) the 
     following:
       ``(29) The terms `overfishing' and `overfished' mean a rate 
     or level of fishing mortality that jeopardizes the capacity 
     of a fishery to produce the maximum sustainable yield on a 
     continuing basis.
       ``(30) The term `Pacific Insular Area' means American 
     Samoa, Guam, the Northern Mariana Islands, Baker Island, 
     Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, 
     Midway Island, Wake Island, or Palmyra Atoll, as applicable, 
     and includes all islands and reefs appurtenant to such 
     island, reef, or atoll.'';
       (9) by redesignating paragraphs (32) through (41) (as 
     redesignated) as paragraphs (34) through (43), respectively, 
     and inserting after paragraph (31) (as redesignated) the 
     following:
       ``(32) The term `recreational fishing' means fishing for 
     sport or pleasure.
       ``(33) The term `regulatory discards' means fish harvested 
     in a fishery which fishermen are required by regulation to 
     discard whenever caught, or are required by regulation to 
     retain but not sell.'';
       (10) by redesignating paragraphs (36) through (43) (as 
     redesignated) as paragraphs (37) through (44), respectively, 
     and inserting after paragraph (35) (as redesignated) the 
     following:
       ``(36) The term `special areas' means the areas referred to 
     as eastern special areas in Article 3(1) of the Agreement 
     between the United States of America and the Union of Soviet 
     Socialist Republics on the Maritime Boundary, signed June 1, 
     1990. In particular, the term refers to those areas east of 
     the maritime boundary, as defined in that Agreement, that lie 
     within 200 nautical miles of the baselines from which the 
     breadth of the territorial sea of Russia is measured but 
     beyond 200 nautical miles of the baselines from which the 
     breadth of the territorial sea of the United States is 
     measured.'';
       (11) by striking ``for which a fishery management plan 
     prepared under title III or a preliminary fishery management 
     plan prepared under section 201(g) has been implemented'' in 
     paragraph (42) (as redesignated) and inserting ``regulated 
     under this Act''; and
       (12) by redesignating paragraph (44) (as redesignated) as 
     paragraph (45), and inserting after paragraph (43) the 
     following:
       ``(44) The term `vessel subject to the jurisdiction of the 
     United States' has the same meaning such term has in section 
     3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
     1903(c)).''.

     SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

       The Act is amended by inserting after section 3 (16 U.S.C. 
     1802) the following:

     ``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Secretary 
     for the purposes of carrying out the provisions of this Act, 
     not to exceed the following sums:
       ``(1) $147,000,000 for fiscal year 1996;
       ``(2) $151,000,000 for fiscal year 1997;
       ``(3) $155,000,000 for fiscal year 1998; and
       ``(4) $159,000,000 for fiscal year 1999.''.

     SEC. 104. HIGHLY MIGRATORY SPECIES.

       Section 102 (16 U.S.C. 1812) is amended by striking 
     ``promoting the objective of optimum utilization'' and 
     inserting ``shall promote the achievement of optimum yield''.

     SEC. 105. FOREIGN FISHING AND INTERNATIONAL FISHERY 
                   AGREEMENTS.

       (a) Authority to Operate under Transshipment Permits.--
     Section 201 (16 U.S.C. 1821) is amended--
       (1) by striking paragraphs (1) and (2) of subsection (a) 
     and inserting the following:
       ``(1) is authorized under subsections (b) or (c) or section 
     204(e), or under a permit issued under section 204(d);
       ``(2) is not prohibited under subsection (f); and'';
       (2) by striking ``(i)'' in subsection (c)(2)(D) and 
     inserting ``(h)'';
       (3) by striking subsection (f);
       (4) by redesignating subsections (g) through (j) as 
     subsections (f) through (i), respectively;
       (5) in paragraph (2) of subsection (h) (as redesignated), 
     redesignate subparagraphs (B) and (C) as subparagraphs (C) 
     and (D), respectively, and insert after subparagraph (A) the 
     following:
       ``(B) in a situation where the foreign fishing vessel is 
     operating under a Pacific Insular Area fishing agreement, the 
     Governor of the applicable Pacific Insular Area, in 
     consultation with the Western Pacific Council, has 
     established an observer coverage program that is at least 
     equal in effectiveness to the program established by the 
     Secretary;''; and
       (6) in subsection (i) (as redesignated) by striking``305'' 
     and inserting``304''.
       (b) International Fishery Agreements.--Section 202 (16 
     U.S.C. 1822) is amended--
       (1) by adding before the period at the end of subsection 
     (c) ``or section 204(e)'';
       (2) by adding at the end the following:
       ``(h) Bycatch Reduction Agreements.--
       ``(1) The Secretary of State, in cooperation with the 
     Secretary, shall seek to secure an international agreement to 
     establish standards and measures for bycatch reduction that 
     are comparable to the standards and measures applicable to 
     United States fishermen for such purposes in any fishery 
     regulated pursuant to this Act for which the Secretary, in 
     consultation with the Secretary of State, determines that 
     such an international agreement is necessary and appropriate.
       ``(2) An international agreement negotiated under this 
     subsection shall be--
       ``(A) consistent with the policies and purposes of this 
     Act; and
       ``(B) subject to approval by Congress under section 203.
       ``(3) Not later than January 1, 1997, and annually 
     thereafter, the Secretary, in consultation with the Secretary 
     of State, shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Resources of the House of Representatives a report describing 
     actions taken under this subsection.''.
       (c) Period for Congressional Review of International 
     Fishery Agreements.--Section 203 (16 U.S.C. 1823) is 
     amended--
       (1) by striking ``GOVERNING'' in the section heading;
       (2) by striking ``agreement'' each place it appears in 
     subsection (a) and inserting ``agreement, bycatch reduction 
     agreement, or Pacific Insular Area fishery agreement'';
       (3) by striking ``60 calendar days of continuous session of 
     the Congress'' in subsection (a) and inserting ``120 days 
     (excluding any days in a period for which the Congress is 
     adjourned sine die)'';
       (4) by striking subsection (c);
       (5) by redesignating subsection (d) as subsection (c); and
       (6) by striking ``agreement'' in subsection (c)(2)(A), as 
     redesignated, and inserting ``agreement, bycatch reduction 
     agreement, or Pacific Insular Area fishery agreement''.
       (d) Transshipment Permits and Pacific Insular Area 
     Fishing.--Section 204 (16 U.S.C. 1824) is amended--
       (1) by inserting ``or subsection (d)'' in the first 
     sentence of subsection (b)(7) after ``under paragraph (6)'';
       (2) by striking ``the regulations promulgated to implement 
     any such plan'' in subsection (b)(7)(A) and inserting ``any 
     applicable federal or State fishing regulations'';
       (3) by inserting ``or subsection (d)'' in subsection 
     (b)(7)(D) after ``paragraph (6)(B)''; and
       (4) by adding at the end the following:

[[Page H11420]]

       ``(d) Transshipment Permits.--
       ``(1) Authority to issue permits.--The Secretary may issue 
     a transshipment permit under this subsection which authorizes 
     a vessel other than a vessel of the United States to engage 
     in fishing consisting solely of transporting fish or fish 
     products at sea from a point within the exclusive economic 
     zone or, with the concurrence of a State, within the 
     boundaries of that State, to a point outside the United 
     States to any person who--
       ``(A) submits an application which is approved by the 
     Secretary under paragraph (3); and
       ``(B) pays a fee imposed under paragraph (7).
       ``(2) Transmittal.--Upon receipt of an application for a 
     permit under this subsection, the Secretary shall promptly 
     transmit copies of the application to the Secretary of State, 
     Secretary of the department in which the Coast Guard is 
     operating, any appropriate Council, and any affected State.
       ``(3) Approval of application.--The Secretary may approve, 
     in consultation with the appropriate Council or Marine 
     Fisheries Commission, an application for a permit under this 
     section if the Secretary determines that--
       ``(A) the transportation of fish or fish products to be 
     conducted under the permit, as described in the application, 
     will be in the interest of the United States and will meet 
     the applicable requirements of this Act;
       ``(B) the applicant will comply with the requirements 
     described in section 201(c)(2) with respect to activities 
     authorized by any permit issued pursuant to the application;
       ``(C) the applicant has established any bonds or financial 
     assurances that may be required by the Secretary; and
       ``(D) no owner or operator of a vessel of the United States 
     which has adequate capacity to perform the transportation for 
     which the application is submitted has indicated to the 
     Secretary an interest in performing the transportation at 
     fair and reasonable rates.
       ``(4) Whole or partial approval.--The Secretary may approve 
     all or any portion of an application under paragraph (3).
       ``(5) Failure to approve application.--If the Secretary 
     does not approve any portion of an application submitted 
     under paragraph (1), the Secretary shall promptly inform the 
     applicant and specify the reasons therefor.
       ``(6) Conditions and restrictions.--The Secretary shall 
     establish and include in each permit under this subsection 
     conditions and restrictions, including those conditions and 
     restrictions set forth in subsection (b)(7), which shall be 
     complied with by the owner and operator of the vessel for 
     which the permit is issued.
       ``(7) Fees.--The Secretary shall collect a fee for each 
     permit issued under this subsection, in an amount adequate to 
     recover the costs incurred by the United States in issuing 
     the permit, except that the Secretary shall waive the fee for 
     the permit if the foreign nation under which the vessel is 
     registered does not collect a fee from a vessel of the United 
     States engaged in similar activities in the waters of such 
     foreign nation.
       ``(e) Pacific Insular Areas.--
       ``(1) Negotiation of Pacific Insular Area fishery 
     agreements.--The Secretary of State, with the concurrence of 
     the Secretary and in consultation with any appropriate 
     Council, may negotiate and enter into a Pacific Insular Area 
     fishery agreement to authorize foreign fishing within the 
     exclusive economic zone adjacent to a Pacific Insular Area--
       ``(A) in the case of American Samoa, Guam, or the Northern 
     Mariana Islands, at the request and with the concurrence of, 
     and in consultation with, the Governor of the Pacific Insular 
     Area to which such agreement applies; and
       ``(B) in the case of a Pacific Insular Area other than 
     American Samoa, Guam, or the Northern Mariana Islands, at the 
     request of the Western Pacific Council.
       ``(2) Agreement terms and conditions.--A Pacific Insular 
     Area fishery agreement--
       ``(A) shall not be considered to supersede any governing 
     international fishery agreement currently in effect under 
     this Act, but shall provide an alternative basis for the 
     conduct of foreign fishing within the exclusive economic zone 
     adjacent to Pacific Insular Areas;
       ``(B) shall be negotiated and implemented consistent only 
     with the governing international fishery agreement provisions 
     of this title specifically made applicable in this 
     subsection;
       ``(C) may not be negotiated with a nation that is in 
     violation of a governing international fishery agreement in 
     effect under this Act;
       ``(D) shall not be entered into if it is determined by the 
     Governor of the applicable Pacific Insular Area with respect 
     to agreements initiated under paragraph (1)(A), or the 
     Western Pacific Council with respect to agreements initiated 
     under paragraph (1)(B), that such an agreement will adversely 
     affect the fishing activities of the indigenous people of 
     such Pacific Insular Area;
       ``(E) shall be valid for a period not to exceed three years 
     and shall only become effective according to the procedures 
     in section 203; and
       ``(F) shall require the foreign nation and its fishing 
     vessels to comply with the requirements of paragraphs (1), 
     (2), (3) and (4)(A) of section 201(c), section 201(d), and 
     section 201(h).
       ``(3) Permits for foreign fishing.--
       ``(A) Application for permits for foreign fishing 
     authorized under a Pacific Insular Areas fishing agreement 
     shall be made, considered and approved or disapproved in 
     accordance with paragraphs (3), (4), (5), (6), (7)(A) and 
     (B), (8), and (9) of subsection (b), and shall include any 
     conditions and restrictions established by the Secretary in 
     consultation with the Secretary of State, the Secretary of 
     the department in which the Coast Guard is operating, the 
     Governor of the applicable Pacific Insular Area, and the 
     appropriate Council.
       ``(B) If a foreign nation notifies the Secretary of State 
     of its acceptance of the requirements of this paragraph, 
     paragraph (2)(F), and paragraph (5), including any conditions 
     and restrictions established under subparagraph (A), the 
     Secretary of State shall promptly transmit such notification 
     to the Secretary. Upon receipt of any payment required under 
     a Pacific Insular Area fishing agreement, the Secretary shall 
     thereupon issue to such foreign nation, through the Secretary 
     of State, permits for the appropriate fishing vessels of that 
     nation. Each permit shall contain a statement of all of the 
     requirements, conditions, and restrictions established under 
     this subsection which apply to the fishing vessel for which 
     the permit is issued.
       ``(4) Marine conservation plans.--
       ``(A) Prior to entering into a Pacific Insular Area fishery 
     agreement, the Western Pacific Council and the appropriate 
     Governor shall develop a 3-year marine conservation plan 
     detailing uses for funds to be collected by the Secretary 
     pursuant to such agreement. Such plan shall be consistent 
     with any applicable fishery management plan, identify 
     conservation and management objectives (including criteria 
     for determining when such objectives have been met), and 
     prioritize planned marine conservation projects. Conservation 
     and management objectives shall include, but not be limited 
     to--
       ``(i) establishment of Pacific Insular Area observer 
     programs, approved by the Secretary in consultation with the 
     Western Pacific Council, that provide observer coverage for 
     foreign fishing under Pacific Insular Area fishery agreements 
     that is at least equal in effectiveness to the program 
     established by the Secretary under section 201(h);
       ``(ii) conduct of marine and fisheries research, including 
     development of systems for information collection, analysis, 
     evaluation, and reporting;
       ``(iii) conservation, education, and enforcement activities 
     related to marine and coastal management, such as living 
     marine resource assessments, habitat monitoring and coastal 
     studies;
       ``(iv) grants to the University of Hawaii for technical 
     assistance projects by the Pacific Island Network, such as 
     education and training in the development and implementation 
     of sustainable marine resources development projects, 
     scientific research, and conservation strategies; and
       ``(v) western Pacific community-based demonstration 
     projects under section 112(b) of the Sustainable Fisheries 
     Act and other coastal improvement projects to foster and 
     promote the management, conservation, and economic 
     enhancement of the Pacific Insular Areas.
       ``(B) In the case of American Samoa, Guam, and the Northern 
     Mariana Islands, the appropriate Governor, with the 
     concurrence of the Western Pacific Council, shall develop the 
     marine conservation plan described in subparagraph (A) and 
     submit such plan to the Secretary for approval. In the case 
     of other Pacific Insular Areas, the Western Pacific Council 
     shall develop and submit the marine conservation plan 
     described in subparagraph (A) to the Secretary for approval.
       ``(C) If a Governor or the Western Pacific Council intends 
     to request that the Secretary of State renew a Pacific 
     Insular Area fishery agreement, a subsequent 3-year plan 
     shall be submitted to the Secretary for approval by the end 
     of the second year of the existing 3-year plan.
       ``(5) Reciprocal conditions.--Except as expressly provided 
     otherwise in this subsection, a Pacific Insular Area fishing 
     agreemeent may include terms similar to the terms applicable 
     to United States fishing vessels for access to similar 
     fisheries in waters subject to the fisheries jurisdiction of 
     another nation.
       ``(6) Use of payments by american samoa, guam, northern 
     mariana islands.--Any payments received by the Secretary 
     under a Pacific Insular Area fishery agreement for American 
     Samoa, Guam, or the Northern Mariana Islands shall be 
     deposited into the United States Treasury and then covered 
     over to the Treasury of the Pacific Insular Area for which 
     those funds were collected. Amounts deposited in the Treasury 
     of a Pacific Insular Area shall be available, without 
     appropriation or fiscal year limitation, to the Governor of 
     the Pacific Insular Area--
       ``(A) to carry out the purposes of this subsection;
       ``(B) to compensate (i) the Western Pacific Council for 
     mutually agreed upon administrative costs incurred relating 
     to any Pacific Insular Area fishery agreement for such 
     Pacific Insular Area, and (ii) the Secretary of State for 
     mutually agreed upon travel expenses for no more than 2 
     Federal representatives incurred as a direct result of 
     complying with paragraph (1)(A); and
       ``(C) to implement a marine conservation plan developed and 
     approved under paragraph (4).

[[Page H11421]]

       ``(7) Western Pacific Sustainable Fisheries Fund.--There is 
     established in the United States Treasury a Western Pacific 
     Sustainable Fisheries Fund into which any payments received 
     by the Secretary under a Pacific Insular Area fishery 
     agreement for any Pacific Insular Area other than American 
     Samoa, Guam, or the Northern Mariana Islands shall be 
     deposited. The Western Pacific Sustainable Fisheries Fund 
     shall be made available, without appropriation or fiscal year 
     limitation, to the Secretary, who shall provide such funds 
     only to--
       ``(A) the Western Pacific Council for the purpose of 
     carrying out the provisions of this subsection, including 
     implementation of a marine conservation plan approved under 
     paragraph (4);
       ``(B) the Secretary of State for mutually agreed upon 
     travel expenses for no more than 2 federal representatives 
     incurred as a direct result of complying with paragraph 
     (1)(B); and
       ``(C) the Western Pacific Council to meet conservation and 
     management objectives in the State of Hawaii if monies remain 
     in the Western Pacific Sustainable Fisheries Fund after the 
     funding requirements of subparagraphs (A) and (B) have been 
     satisfied.

     Amounts deposited in such fund shall not diminish funding 
     received by the Western Pacific Council for the purpose of 
     carrying out other responsibilities under this Act.
       ``(8) Use of fines and penalties.--In the case of 
     violations occurring within the exclusive economic zone off 
     American Samoa, Guam, or the Northern Mariana Islands, 
     amounts received by the Secretary which are attributable to 
     fines or penalties imposed under this Act, including such 
     sums collected from the forfeiture and disposition or sale of 
     property seized subject to its authority, after payment of 
     direct costs of the enforcement action to all entities 
     involved in such action, shall be deposited into the Treasury 
     of the Pacific Insular Area adjacent to the exclusive 
     economic zone in which the violation occurred, to be used for 
     fisheries enforcement and for implementation of a marine 
     conservation plan under paragraph (4).''.
       (e) Atlantic Herring Transshipment.--Within 30 days of 
     receiving an application, the Secretary shall, under Section 
     204(d) of the Magnuson Fishery Conservation and Management 
     Act, as amended by this Act, issue permits to up to fourteen 
     Canadian transport vessels that are not equipped for fish 
     harvesting or processing, for the transshipment, within the 
     boundaries of the State of Maine or within the portion of the 
     exclusive economic zone east of the line 69 degrees 30 
     minutes west and within 12 nautical miles from the seaward 
     boundary of that State, of Atlantic herring harvested by 
     United States fishermen within the area described and used 
     solely in sardine processing. In issuing a permit pursuant to 
     this subsection, the Secretary shall provide a waiver under 
     section 201(h)(2)(C) of the Magnuson Fishery Conservation and 
     Management Act, as amended by this Act, provided that such 
     vessels comply with Federal or State monitoring and reporting 
     requirements for the Atlantic herring fishery, including the 
     stationing of United States observers aboard such vessels, if 
     necessary.
       (f) Large Scale Driftnet Fishing.--Section 206 (16 U.S.C. 
     1826) is amended--
       (1) in subsection (e), by striking paragraphs (3) and (4), 
     and redesignating paragraphs (5) and (6) as (3) and (4), 
     respectively; and
       (2) in subsection (f), by striking ``(e)(6),'' and 
     inserting ``(e)(4),''.
       (g) Russian fishing in the Bering Sea.--No later than 
     September 30, 1997, the North Pacific Fishery Management 
     Council, in consultation with the North Pacific and Bering 
     Sea Advisory Body, shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Resources of the House of Representatives a report 
     describing the institutional structures in Russia pertaining 
     to stock assessment, management, and enforcement for fishery 
     harvests in the Bering Sea, and recommendations for improving 
     coordination between the United States and Russia for 
     managing and conserving Bering Sea fishery resources of 
     mutual concern.

     SEC. 106. NATIONAL STANDARDS.

       (a) Section 301(a)(5) (16 U.S.C. 1851(a)(5)) is amended by 
     striking ``promote'' and inserting ``consider''.
       (b) Section 301(a) (16 U.S.C. 1851(a)) is amended by adding 
     at the end thereof the following:
       ``(8) Conservation and management measures shall, 
     consistent with the conservation requirements of this Act 
     (including the prevention of overfishing and rebuilding of 
     overfished stocks), take into account the importance of 
     fishery resources to fishing communities in order to (A) 
     provide for the sustained participation of such communities, 
     and (B) to the extent practicable, minimize adverse economic 
     impacts on such communities.
       ``(9) Conservation and management measures shall, to the 
     extent practicable, (A) minimize bycatch and (B) to the 
     extent bycatch cannot be avoided, minimize the mortality of 
     such bycatch.
       ``(10) Conservation and management measures shall, to the 
     extent practicable, promote the safety of human life at 
     sea.''.

     SEC. 107. REGIONAL FISHERY MANAGEMENT COUNCILS.

       (a) Section 302(a) (16 U.S.C. 1852(a)) is amended--
       (1) by inserting ``(1)'' after the subsection heading;
       (2) by redesignating paragraphs (1) through (8) as 
     subparagraphs (A) through (H), respectively;
       (3) by striking ``section 304(f)(3)'' wherever it appears 
     and inserting ``paragraph (3)'';
       (4) in paragraph (1)(B), as amended--
       (A) by striking ``and Virginia'' and inserting ``Virginia, 
     and North Carolina'';
       (B) by inserting ``North Carolina, and'' after ``except'';
       (C) by striking ``19'' and inserting ``21''; and
       (D) by striking ``12'' and inserting ``13'';
       (5) by striking paragraph (1)(F), as redesignated, and 
     inserting the following:
       ``(F) Pacific Council.--The Pacific Fishery Management 
     Council shall consist of the States of California, Oregon, 
     Washington, and Idaho and shall have authority over the 
     fisheries in the Pacific Ocean seaward of such States. The 
     Pacific Council shall have 14 voting members, including 8 
     appointed by the Secretary in accordance with subsection 
     (b)(2) (at least one of whom shall be appointed from each 
     such State), and including one appointed from an Indian tribe 
     with Federally recognized fishing rights from California, 
     Oregon, Washington, or Idaho in accordance with subsection 
     (b)(5).'';
       (6) by indenting the sentence at the end thereof and 
     inserting ``(2)'' before ``Each Council''; and
       (7) by adding at the end the following:
       ``(3) The Secretary shall have authority over any highly 
     migratory species fishery that is within the geographical 
     area of authority of more than one of the following Councils: 
     New England Council, Mid-Atlantic Council, South Atlantic 
     Council, Gulf Council, and Caribbean Council.''.
       (b) Section 302(b) (16 U.S.C. 1852(b)) is amended--
       (1) by striking ``subsection (b)(2)'' in paragraphs (1)(C) 
     and (3), and inserting in both places ``paragraphs (2) and 
     (5)'';
       (2) by striking the last sentence in paragraph (3) and 
     inserting the following: ``Any term in which an individual 
     was appointed to replace a member who left office during the 
     term shall not be counted in determining the number of 
     consecutive terms served by that Council member.''; and
       (3) by striking paragraph (5) and inserting after paragraph 
     (4) the following:
       ``(5)(A) The Secretary shall appoint to the Pacific Council 
     one representative of an Indian tribe with Federally 
     recognized fishing rights from California, Oregon, 
     Washington, or Idaho from a list of not less than 3 
     individuals submitted by the tribal governments. The 
     Secretary, in consultation with the Secretary of the Interior 
     and tribal governments, shall establish by regulation the 
     procedure for submitting a list under this subparagraph.
       ``(B) Representation shall be rotated among the tribes 
     taking into consideration--
       ``(i) the qualifications of the individuals on the list 
     referred to in subparagraph (A),
       ``(ii) the various rights of the Indian tribes involved and 
     judicial cases that set forth how those rights are to be 
     exercised, and
       ``(iii) the geographic area in which the tribe of the 
     representative is located.
       ``(C) A vacancy occurring prior to the expiration of any 
     term shall be filled in the same manner as set out in 
     subparagraphs (A) and (B), except that the Secretary may use 
     the list from which the vacating representative was chosen.
       ``(6) The Secretary may remove for cause any member of a 
     Council required to be appointed by the Secretary in 
     accordance with paragraphs (2) or (5) if--
       ``(A) the Council concerned first recommends removal by not 
     less than two-thirds of the members who are voting members 
     and submits such removal recommendation to the Secretary in 
     writing together with a statement of the basis for the 
     recommendation; or
       ``(B) the member is found by the Secretary, after notice 
     and an opportunity for a hearing in accordance with section 
     554 of title 5, United States Code, to have committed an act 
     prohibited by section 307(1)(O).''.
       (c) Section 302(d) (16 U.S.C. 1852(d)) is amended in the 
     first sentence--
       (1) by striking ``each Council,'' and inserting ``each 
     Council who are required to be appointed by the Secretary 
     and''; and
       (2) by striking ``shall, until January 1, 1992,'' and all 
     that follows through ``GS-16'' and inserting ``shall receive 
     compensation at the daily rate for GS-15, step 7''.
       (d) Section 302(e) (16 U.S.C. 1852(e)) is amended by adding 
     at the end the following:
       ``(5) At the request of any voting member of a Council, the 
     Council shall hold a roll call vote on any matter before the 
     Council. The official minutes and other appropriate records 
     of any Council meeting shall identify all roll call votes 
     held, the name of each voting member present during each roll 
     call vote, and how each member voted on each roll call 
     vote.''.
       (e) Section 302(g) (16 U.S.C. 1852(g)) is amended by 
     redesignating paragraph (4) as paragraph (5), and by 
     inserting after paragraph (3) the following:
       ``(4) The Secretary shall establish advisory panels to 
     assist in the collection and evaluation of information 
     relevant to the development of any fishery management plan or 
     plan amendment for a fishery to which subsection (a)(3) 
     applies. Each advisory panel shall participate in all aspects 
     of the development of the plan or amendment; be balanced in 
     its representation of commercial, recreational, and other 
     interests; and consist

[[Page H11422]]

     of not less than 7 individuals who are knowledgeable about 
     the fishery for which the plan or amendment is developed, 
     selected from among--
       ``(A) members of advisory committees and species working 
     groups appointed under Acts implementing relevant 
     international fishery agreements pertaining to highly 
     migratory species; and
       ``(B) other interested persons.''.
       (f) Section 302(h) (16 U.S.C. 1852(h)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) for each fishery under its authority that requires 
     conservation and management, prepare and submit to the 
     Secretary (A) a fishery management plan, and (B) amendments 
     to each such plan that are necessary from time to time (and 
     promptly whenever changes in conservation and management 
     measures in another fishery substantially affect the fishery 
     for which such plan was developed);'';
       (2) in paragraph (2)--
       (A) by striking ``section 204(b)(4)(C),'' in paragraph (2) 
     and inserting ``section 204(b)(4)(C) or section 204(d),'';
       (B) by striking ``304(c)(2)'' and inserting ``304(c)(4)''; 
     and
       (3) by striking ``304(f)(3) ``in paragraph (5) and 
     inserting ``subsection (a)(3)''.
       (g) Section 302 is amended further by striking subsection 
     (i), and by redesignating subsections (j) and (k) as 
     subsections (i) and (j), respectively.
       (h) Section 302(i), as redesignated, is amended--
       (1) by striking ``of the Councils'' in paragraph (1) and 
     inserting ``established under subsection (g)'';
       (2) by striking ``of a Council:'' in paragraph (2) and 
     inserting ``established under subsection (g):'';
       (3) by striking ``Council's'' in paragraph (2)(C);
       (4) by adding the following at the end of paragraph (2)(C): 
     ``The published agenda of the meeting may not be modified to 
     include additional matters for Council action without public 
     notice or within 14 days prior to the meeting date, unless 
     such modification is to address an emergency action under 
     section 305(c), in which case public notice shall be given 
     immediately.'';
       (5) by adding the following at the end of paragraph (2)(D): 
     ``All written information submitted to a Council by an 
     interested person shall include a statement of the source and 
     date of such information. Any oral or written statement shall 
     include a brief description of the background and interests 
     of the person in the subject of the oral or written 
     statement.'';
       (6) by striking paragraph (2)(E) and inserting:
       ``(E) Detailed minutes of each meeting of the Council, 
     except for any closed session, shall be kept and shall 
     contain a record of the persons present, a complete and 
     accurate description of matters discussed and conclusions 
     reached, and copies of all statements filed. The Chairman 
     shall certify the accuracy of the minutes of each such 
     meeting and submit a copy thereof to the Secretary. The 
     minutes shall be made available to any court of competent 
     jurisdiction.'';
       (7) by striking ``by the Council'' the first place it 
     appears in paragraph (2)(F);
       (8) by inserting ``or the Secretary, as appropriate'' in 
     paragraph (2)(F) after ``of the Council''; and
       (9) by striking ``303(d)'' each place it appears in 
     paragraph (2)(F) and inserting ``402(b)''; and
       (10) by striking ``303(d)'' in paragraph (4) and inserting 
     ``402(b)''.
       (i) Section 302(j), as redesignated, is amended--
       (1) by inserting ``and Recusal'' after ``Interest'' in the 
     subsection heading;
       (2) by striking paragraph (1) and inserting the following:
       ``(1) For the purposes of this subsection--
       ``(A) the term `affected individual' means an individual 
     who--
       ``(i) is nominated by the Governor of a State for 
     appointment as a voting member of a Council in accordance 
     with subsection (b)(2); or
       ``(ii) is a voting member of a Council appointed--

       ``(I) under subsection (b)(2); or
       ``(II) under subsection (b)(5) who is not subject to 
     disclosure and recusal requirements under the laws of an 
     Indian tribal government; and

       ``(B) the term `designated official' means a person with 
     expertise in Federal conflict-of-interest requirements who is 
     designated by the Secretary, in consultation with the 
     Council, to attend Council meetings and make determinations 
     under paragraph (7)(B).'';
       (3) by striking ``(1)(A)'' in paragraph (3)(A) and 
     inserting ``(1)(A)(i)'';
       (4) by striking ``(1)(B) or (C)'' in paragraph (3)(B) and 
     inserting ``(1)(A)(ii)'';
       (5) by striking ``(1)(B) or (C)'' in paragraph (4) and 
     inserting ``(1)(A)(ii)'';
       (6)(A) by striking ``and'' at the end of paragraph (5)(A);
       (B) by striking the period at the end of paragraph (5)(B) 
     and inserting a semicolon and the word ``and''; and
       (C) by adding at the end of paragraph (5) the following:
       ``(C) be kept on file by the Secretary for use in reviewing 
     determinations under paragraph (7)(B) and made available for 
     public inspection at reasonable hours.'';
       (7) by striking ``(1)(B) or (C)'' in paragraph (6) and 
     inserting ``(1)(A)(ii)'';
       (8) by redesignating paragraph (7) as paragraph (8) and 
     inserting after paragraph (6) the following:
       ``(7)(A) After the effective date of regulations 
     promulgated under subparagraph (F) of this paragraph, an 
     affected individual required to disclose a financial interest 
     under paragraph (2) shall not vote on a Council decision 
     which would have a significant and predictable effect on such 
     financial interest. A Council decision shall be considered to 
     have a significant and predictable effect on a financial 
     interest if there is a close causal link between the Council 
     decision and an expected and substantially disproportionate 
     benefit to the financial interest of the affected individual 
     relative to the financial interests of other participants in 
     the same gear type or sector of the fishery. An affected 
     individual who may not vote may participate in Council 
     deliberations relating to the decision after notifying the 
     Council of the voting recusal and identifying the financial 
     interest that would be affected.
       ``(B) At the request of an affected individual, or upon the 
     initiative of the appropriate designated official, the 
     designated official shall make a determination for the record 
     whether a Council decision would have a significant and 
     predictable effect on a financial interest.
       ``(C) Any Council member may submit a written request to 
     the Secretary to review any determination by the designated 
     official under subparagraph (B) within 10 days of such 
     determination. Such review shall be completed within 30 days 
     of receipt of the request.
       ``(D) Any affected individual who does not vote in a 
     Council decision in accordance with this subsection may state 
     for the record how he or she would have voted on such 
     decision if he or she had voted.
       ``(E) If the Council makes a decision before the Secretary 
     has reviewed a determination under subparagraph (C), the 
     eventual ruling may not be treated as cause for the 
     invalidation or reconsideration by the Secretary of such 
     decision.
       ``(F) The Secretary, in consultation with the Councils and 
     by not later than one year from the date of enactment of the 
     Sustainable Fisheries Act, shall promulgate regulations which 
     prohibit an affected individual from voting in accordance 
     with subparagraph (A), and which allow for the making of 
     determinations under subparagraphs (B) and (C).''; and
       (9) by striking ``(1)(B) or (C)'' in paragraph (8), as 
     redesignated, and inserting ``(1)(A)(ii)''.

     SEC. 108. FISHERY MANAGEMENT PLANS.

       (a) Required Provisions.--Section 303(a) (16 U.S.C. 
     1853(a)) is amended--
       (1) in paragraph (1)(A) by inserting ``and rebuild 
     overfished stocks'' after ``overfishing'';
       (2) by inserting ``commercial, recreational, and charter 
     fishing in'' in paragraph (5) after ``with respect to'';
       (3) by striking paragraph (7) and inserting the following:
       ``(7) describe and identify essential fish habitat for the 
     fishery based on the guidelines established by the Secretary 
     under section 305(b)(1)(A), minimize to the extent 
     practicable adverse effects on such habitat caused by 
     fishing, and identify other actions to encourage the 
     conservation and enhancement of such habitat;'';
       (4) by striking ``and'' at the end of paragraph (8);
       (5) by inserting ``and fishing communities'' after 
     ``fisheries'' in paragraph (9)(A);
       (6) by striking the period at the end of paragraph (9) and 
     inserting a semicolon; and
       (7) by adding at the end the following:
       ``(10) specify objective and measurable criteria for 
     identifying when the fishery to which the plan applies is 
     overfished (with an analysis of how the criteria were 
     determined and the relationship of the criteria to the 
     reproductive potential of stocks of fish in that fishery) 
     and, in the case of a fishery which the Council or the 
     Secretary has determined is approaching an overfished 
     condition or is overfished, contain conservation and 
     management measures to prevent overfishing or end overfishing 
     and rebuild the fishery;
       ``(11) establish a standardized reporting methodology to 
     assess the amount and type of bycatch occurring in the 
     fishery, and include conservation and management measures 
     that, to the extent practicable and in the following 
     priority--
       ``(A) minimize bycatch; and
       ``(B) minimize the mortality of bycatch which cannot be 
     avoided;
       ``(12) assess the type and amount of fish caught and 
     released alive during recreational fishing under catch and 
     release fishery management programs and the mortality of such 
     fish, and include conservation and management measures that, 
     to the extent practicable, minimize mortality and ensure the 
     extended survival of such fish;
       ``(13) include a description of the commercial, 
     recreational, and charter fishing sectors which participate 
     in the fishery and, to the extent practicable, quantify 
     trends in landings of the managed fishery resource by the 
     commercial, recreational, and charter fishing sectors; and
       ``(14) to the extent that rebuilding plans or other 
     conservation and management measures which reduce the overall 
     harvest in a fishery are necessary, allocate any harvest 
     restrictions or recovery benefits fairly and

[[Page H11423]]

     equitably among the commercial, recreational, and charter 
     fishing sectors in the fishery.''.
       (b) Implementation.--Not later than 24 months after the 
     date of enactment of this Act, each Regional Fishery 
     Management Council shall submit to the Secretary of Commerce 
     amendments to each fishery management plan under its 
     authority to comply with the amendments made in subsection 
     (a) of this section.
       (c) Discretionary Provisions.--Section 303(b) (16 U.S.C. 
     1853(b)) is amended--
       (1) by striking paragraph (3) and inserting the following:
       ``(3) establish specified limitations which are necessary 
     and appropriate for the conservation and management of the 
     fishery on the--
       ``(A) catch of fish (based on area, species, size, number, 
     weight, sex, bycatch, total biomass, or other factors);
       ``(B) sale of fish caught during commercial, recreational, 
     or charter fishing, consistent with any applicable Federal 
     and State safety and quality requirements; and
       ``(C) transshipment or transportation of fish or fish 
     products under permits issued pursuant to section 204;'';
       (2) by striking ``system for limiting access to'' in 
     paragraph (6) and inserting ``limited access system for'';
       (3) by striking ``fishery'' in subparagraph (E) of 
     paragraph (6) and inserting ``fishery and any affected 
     fishing communities'';
       (4) by inserting ``one or more'' in paragraph (8) after 
     ``require that'';
       (5) by striking ``and'' at the end of paragraph (9);
       (6) by redesignating paragraph (10) as paragraph (12); and
       (7) by inserting after paragraph (9) the following:
       ``(10) include, consistent with the other provisions of 
     this Act, conservation and management measures that provide 
     harvest incentives for participants within each gear group to 
     employ fishing practices that result in lower levels of 
     bycatch or in lower levels of the mortality of bycatch;
       ``(11) reserve a portion of the allowable biological catch 
     of the fishery for use in scientific research; and''.
       (d) Regulations.--Section 303 (16 U.S.C. 1853) is amended 
     by striking subsection (c) and inserting the following:
        ``(c) Proposed Regulations.--Proposed regulations which 
     the Council deems necessary or appropriate for the purposes 
     of--
       ``(1) implementing a fishery management plan or plan 
     amendment shall be submitted to the Secretary simultaneously 
     with the plan or amendment under section 304; and
       ``(2) making modifications to regulations implementing a 
     fishery management plan or plan amendment may be submitted to 
     the Secretary at any time after the plan or amendment is 
     approved under section 304.''.
       (e) Individual Fishing Quotas.--Subsection 303 (16 U.S.C. 
     1853) is amended further by striking subsections (d), (e), 
     and (f), and inserting the following:
       ``(d) Individual Fishing Quotas.--
       ``(1)(A) A Council may not submit and the Secretary may not 
     approve or implement before October 1, 2000, any fishery 
     management plan, plan amendment, or regulation under this Act 
     which creates a new individual fishing quota program.
       ``(B) Any fishery management plan, plan amendment, or 
     regulation approved by the Secretary on or after January 4, 
     1995, which creates any new individual fishing quota program 
     shall be repealed and immediately returned by the Secretary 
     to the appropriate Council and shall not be resubmitted, 
     reapproved, or implemented during the moratorium set forth in 
     subparagraph (A).
       ``(2)(A) No provision of law shall be construed to limit 
     the authority of a Council to submit and the Secretary to 
     approve the termination or limitation, without compensation 
     to holders of any limited access system permits, of a fishery 
     management plan, plan amendment, or regulation that provides 
     for a limited access system, including an individual fishing 
     quota program.
       ``(B) This subsection shall not be construed to prohibit a 
     Council from submitting, or the Secretary from approving and 
     implementing, amendments to the North Pacific halibut and 
     sablefish, South Atlantic wreckfish, or Mid-Atlantic surf 
     clam and ocean (including mahogany) quahog individual fishing 
     quota programs.
       ``(3) An individual fishing quota or other limited access 
     system authorization--
       ``(A) shall be considered a permit for the purposes of 
     sections 307, 308, and 309;
       ``(B) may be revoked or limited at any time in accordance 
     with this Act;
       ``(C) shall not confer any right of compensation to the 
     holder of such individual fishing quota or other such limited 
     access system authorization if it is revoked or limited; and
       ``(D) shall not create, or be construed to create, any 
     right, title, or interest in or to any fish before the fish 
     is harvested.
       ``(4)(A) A Council may submit, and the Secretary may 
     approve and implement, a program which reserves up to 25 
     percent of any fees collected from a fishery under section 
     304(d)(2) to be used, pursuant to section 1104A(a)(7) of the 
     Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to 
     issue obligations that aid in financing the--
       ``(i) purchase of individual fishing quotas in that fishery 
     by fishermen who fish from small vessels; and
       ``(ii) first-time purchase of individual fishing quotas in 
     that fishery by entry level fishermen.
       ``(B) A Council making a submission under subparagraph (A) 
     shall recommend criteria, consistent with the provisions of 
     this Act, that a fisherman must meet to qualify for 
     guarantees under clauses (i) and (ii) of subparagraph (A) and 
     the portion of funds to be allocated for guarantees under 
     each clause.
       ``(5) In submitting and approving any new individual 
     fishing quota program on or after October 1, 2000, the 
     Councils and the Secretary shall consider the report of the 
     National Academy of Sciences required under section 108(f) of 
     the Sustainable Fisheries Act, and any recommendations 
     contained in such report, and shall ensure that any such 
     program--
       ``(A) establishes procedures and requirements for the 
     review and revision of the terms of any such program 
     (including any revisions that may be necessary once a 
     national policy with respect to individual fishing quota 
     programs is implemented), and, if appropriate, for the 
     renewal, reallocation, or reissuance of individual fishing 
     quotas;
       ``(B) provides for the effective enforcement and management 
     of any such program, including adequate observer coverage, 
     and for fees under section 304(d)(2) to recover actual costs 
     directly related to such enforcement and management; and
       ``(C) provides for a fair and equitable initial allocation 
     of individual fishing quotas, prevents any person from 
     acquiring an excessive share of the individual fishing quotas 
     issued, and considers the allocation of a portion of the 
     annual harvest in the fishery for entry-level fishermen, 
     small vessel owners, and crew members who do not hold or 
     qualify for individual fishing quotas.''.
       (f) Individual Fishing Quota Report.-- (1) Not later than 
     October 1, 1998, the National Academy of Sciences, in 
     consultation with the Secretary of Commerce and the Regional 
     Fishery Management Councils, shall submit to the Congress a 
     comprehensive final report on individual fishing quotas, 
     which shall include recommendations to implement a national 
     policy with respect to individual fishing quotas. The report 
     shall address all aspects of such quotas, including an 
     analysis of--
       (A) the effects of limiting or prohibiting the 
     transferability of such quotas;
       (B) mechanisms to prevent foreign control of the harvest of 
     United States fisheries under individual fishing quota 
     programs, including mechanisms to prohibit persons who are 
     not eligible to be deemed a citizen of the United States for 
     the purpose of operating a vessel in the coastwise trade 
     under section 2(a) and section 2(c) of the Shipping Act, 1916 
     (46 U.S.C. 802 (a) and (c)) from holding individual fishing 
     quotas;
       (C) the impact of limiting the duration of individual 
     fishing quota programs;
       (D) the impact of authorizing Federal permits to process a 
     quantity of fish that correspond to individual fishing 
     quotas, and of the value created for recipients of any such 
     permits, including a comparison of such value to the value of 
     the corresponding individual fishing quotas;
       (E) mechanisms to provide for diversity and to minimize 
     adverse social and economic impacts on fishing communities, 
     other fisheries affected by the displacement of vessels, and 
     any impacts associated with the shifting of capital value 
     from fishing vessels to individual fishing quotas, as well as 
     the use of capital construction funds to purchase individual 
     fishing quotas;
       (F) mechanisms to provide for effective monitoring and 
     enforcement, including the inspection of fish harvested and 
     incentives to reduce bycatch, and in particular economic 
     discards;
       (G) threshold criteria for determining whether a fishery 
     may be considered for individual fishing quota management, 
     including criteria related to the geographical range, 
     population dynamics and condition of a fish stock, the 
     socioeconomic characteristics of a fishery (including 
     participants' involvement in multiple fisheries in the 
     region), and participation by commercial, charter, and 
     recreational fishing sectors in the fishery;
       (H) mechanisms to ensure that vessel owners, vessel 
     masters, crew members, and United States fish processors are 
     treated fairly and equitably in initial allocations, to 
     require persons holding individual fishing quotas to be on 
     board the vessel using such quotas, and to facilitate new 
     entry under individual fishing quota programs;
       (I) potential social and economic costs and benefits to the 
     nation, individual fishing quota recipients, and any 
     recipients of Federal permits described in subparagraph (D) 
     under individual fishing quota programs, including from 
     capital gains revenue, the allocation of such quotas or 
     permits through Federal auctions, annual fees and transfer 
     fees at various levels, or other measures;
       (J) the value created for recipients of individual fishing 
     quotas, including a comparison of such value to the value of 
     the fish harvested under such quotas and to the value of 
     permits created by other types of limited access systems, and 
     the effects of creating such value on fishery management and 
     conservation; and
       (K) such other matters as the National Academy of Sciences 
     deems appropriate.
       (2) The report shall include a detailed analysis of 
     individual fishing quota programs already implemented in the 
     United States, including the impacts: of any limits on 
     transferability, on past and present participants, on fishing 
     communities, on the rate and total amount of bycatch 
     (including economic and regulatory discards) in the fishery, 
     on

[[Page H11424]]

     the safety of life and vessels in the fishery, on any excess 
     harvesting or processing capacity in the fishery, on any gear 
     conflicts in the fishery, on product quality from the 
     fishery, on the effectiveness of enforcement in the fishery, 
     on the size and composition of fishing vessel fleets, of the 
     economic value created by individual fishing quotas for 
     initial recipients and non-recipients, on conservation of the 
     fishery resource, on fishermen who rely on participation in 
     several fisheries, on the success in meeting any fishery 
     management plan goals, and the fairness and effectiveness of 
     the methods used for allocating quotas and controlling 
     transferability. The report shall also include any 
     information about individual fishing quota programs in other 
     countries that may be useful.
       (3) The report shall identify and analyze alternative 
     conservation and management measures, including other limited 
     access systems such as individual transferable effort 
     systems, that could accomplish the same objectives as 
     individual fishing quota programs, as well as characteristics 
     that are unique to individual fishing quota programs.
       (4) The Secretary of Commerce shall, in consultation with 
     the National Academy of Sciences, the Councils, the fishing 
     industry, affected States, conservation organizations and 
     other interested persons, establish two individual fishing 
     quota review groups to assist in the preparation of the 
     report, which shall represent: (A) Alaska, Hawaii, and the 
     other Pacific coastal States; and (B) Atlantic coastal States 
     and the Gulf of Mexico coastal States. The Secretary shall, 
     to the extent practicable, achieve a balanced representation 
     of viewpoints among the individuals on each review group. The 
     review groups shall be deemed to be advisory panels under 
     section 302(g) of the Magnuson Fishery Conservation and 
     Management Act, as amended by this Act.
       (5) The Secretary of Commerce, in consultation with the 
     National Academy of Sciences and the Councils, shall conduct 
     public hearings in each Council region to obtain comments on 
     individual fishing quotas for use by the National Academy of 
     Sciences in preparing the report required by this subsection. 
     The National Academy of Sciences shall submit a draft report 
     to the Secretary of Commerce by January 1, 1998. The 
     Secretary of Commerce shall publish in the Federal Register a 
     notice and opportunity for public comment on the draft of the 
     report, or any revision thereof. A detailed summary of 
     comments received and views presented at the hearings, 
     including any dissenting views, shall be included by the 
     National Academy of Sciences in the final report.
       (6) Section 210 of Public Law 104-134 is hereby repealed.
       (g) North Pacific Loan Program.--(1) By not later than 
     October 1, 1997 the North Pacific Fishery Management Council 
     shall recommend to the Secretary of Commerce a program which 
     uses the full amount of fees authorized to be used under 
     section 303(d)(4) of the Magnuson Fishery Conservation and 
     Management Act, as amended by this Act, in the halibut and 
     sablefish fisheries off Alaska to guarantee obligations in 
     accordance with such section.
       (2)(A) For the purposes of this subsection, the phrase 
     ``fishermen who fish from small vessels'' in section 
     303(d)(4)(A)(i) of such Act shall mean fishermen wishing to 
     purchase individual fishing quotas for use from Category B, 
     Category C, or Category D vessels, as defined in part 
     676.20(c) of title 50, Code of Federal Regulations (as 
     revised as of October 1, 1995), whose aggregate ownership of 
     individual fishing quotas will not exceed the equivalent of a 
     total of 50,000 pounds of halibut and sablefish harvested in 
     the fishing year in which a guarantee application is made if 
     the guarantee is approved, who will participate aboard the 
     fishing vessel in the harvest of fish caught under such 
     quotas, who have at least 150 days of experience working as 
     part of the harvesting crew in any U.S. commercial fishery, 
     and who do not own in whole or in part any Category A or 
     Category B vessel, as defined in such part and title of the 
     Code of Federal Regulations.
       (B) For the purposes of this subsection, the phrase ``entry 
     level fishermen'' in section 303(d)(4)(A)(ii) of such Act 
     shall mean fishermen who do not own any individual fishing 
     quotas, who wish to obtain the equivalent of not more than a 
     total of 8,000 pounds of halibut and sablefish harvested in 
     the fishing year in which a guarantee application is made, 
     and who will participate aboard the fishing vessel in the 
     harvest of fish caught under such quotas.
       (h) Community Development Quota Report.--Not later than 
     October 1, 1998, the National Academy of Sciences, in 
     consultation with the Secretary, the North Pacific and 
     Western Pacific Councils, communities and organizations 
     participating in the program, participants in affected 
     fisheries, and the affected States, shall submit to the 
     Secretary of Commerce and Congress a comprehensive report on 
     the performance and effectiveness of the community 
     development quota programs under the authority of the North 
     Pacific and Western Pacific Councils. The report shall--
       (1) evaluate the extent to which such programs have met the 
     objective of providing communities with the means to develop 
     ongoing commercial fishing activities;
       (2) evaluate the manner and extent to which such programs 
     have resulted in the communities and residents--
       (A) receiving employment opportunities in commercial 
     fishing and processing; and
       (B) obtaining the capital necessary to invest in commercial 
     fishing, fish processing, and commercial fishing support 
     projects (including infrastructure to support commercial 
     fishing);
       (3) evaluate the social and economic conditions in the 
     participating communities and the extent to which alternative 
     private sector employment opportunities exist;
       (4) evaluate the economic impacts on participants in the 
     affected fisheries, taking into account the condition of the 
     fishery resource, the market, and other relevant factors;
       (5) recommend a proposed schedule for accomplishing the 
     developmental purposes of community development quotas; and
       (6) address such other matters as the National Academy of 
     Sciences deems appropriate.
       (i) Existing Quota Plans.--Nothing in this Act or the 
     amendments made by this Act shall be construed to require a 
     reallocation of individual fishing quotas under any 
     individual fishing quota program approved by the Secretary 
     before January 4, 1995.

     SEC. 109. ACTION BY THE SECRETARY.

       (a) Secretarial Review of Plans and Regulations.--Section 
     304 (16 U.S.C. 1854) is amended by striking subsections (a) 
     and (b) and inserting the following:
       ``(a) Review of Plans.--
       ``(1) Upon transmittal by the Council to the Secretary of a 
     fishery management plan or plan amendment, the Secretary 
     shall--
       ``(A) immediately commence a review of the plan or 
     amendment to determine whether it is consistent with the 
     national standards, the other provisions of this Act, and any 
     other applicable law; and
       ``(B) immediately publish in the Federal Register a notice 
     stating that the plan or amendment is available and that 
     written information, views, or comments of interested persons 
     on the plan or amendment may be submitted to the Secretary 
     during the 60-day period beginning on the date the notice is 
     published.
       ``(2) In undertaking the review required under paragraph 
     (1), the Secretary shall--
       ``(A) take into account the information, views, and 
     comments received from interested persons;
       ``(B) consult with the Secretary of State with respect to 
     foreign fishing; and
       ``(C) consult with the Secretary of the department in which 
     the Coast Guard is operating with respect to enforcement at 
     sea and to fishery access adjustments referred to in section 
     303(a)(6).
       ``(3) The Secretary shall approve, disapprove, or partially 
     approve a plan or amendment within 30 days of the end of the 
     comment period under paragraph (1) by written notice to the 
     Council. A notice of disapproval or partial approval shall 
     specify--
       ``(A) the applicable law with which the plan or amendment 
     is inconsistent;
       ``(B) the nature of such inconsistencies; and
       ``(C) recommendations concerning the actions that could be 
     taken by the Council to conform such plan or amendment to the 
     requirements of applicable law.

     If the Secretary does not notify a Council within 30 days of 
     the end of the comment period of the approval, disapproval, 
     or partial approval of a plan or amendment, then such plan or 
     amendment shall take effect as if approved.
       ``(4) If the Secretary disapproves or partially approves a 
     plan or amendment, the Council may submit a revised plan or 
     amendment to the Secretary for review under this subsection.
       ``(5) For purposes of this subsection and subsection (b), 
     the term `immediately' means on or before the 5th day after 
     the day on which a Council transmits to the Secretary a 
     fishery management plan, plan amendment, or proposed 
     regulation that the Council characterizes as final.
       ``(b) Review of Regulations.--
       ``(1) Upon transmittal by the Council to the Secretary of 
     proposed regulations prepared under section 303(c), the 
     Secretary shall immediately initiate an evaluation of the 
     proposed regulations to determine whether they are consistent 
     with the fishery management plan, plan amendment, this Act 
     and other applicable law. Within 15 days of initiating such 
     evaluation the Secretary shall make a determination and--
       ``(A) if that determination is affirmative, the Secretary 
     shall publish such regulations in the Federal Register, with 
     such technical changes as may be necessary for clarity and an 
     explanation of those changes, for a public comment period of 
     15 to 60 days; or
       ``(B) if that determination is negative, the Secretary 
     shall notify the Council in writing of the inconsistencies 
     and provide recommendations on revisions that would make the 
     proposed regulations consistent with the fishery management 
     plan, plan amendment, this Act, and other applicable law.
       ``(2) Upon receiving a notification under paragraph (1)(B), 
     the Council may revise the proposed regulations and submit 
     them to the Secretary for reevaluation under paragraph (1).
       ``(3) The Secretary shall promulgate final regulations 
     within 30 days after the end of the comment period under 
     paragraph (1)(A). The Secretary shall consult with the 
     Council before making any revisions to the proposed 
     regulations, and must publish in the Federal Register an 
     explanation of any differences between the proposed and final 
     regulations.''.

[[Page H11425]]

       (b) Preparation by the Secretary.--Section 304(c) (16 
     U.S.C. 1854(c)) is amended--
       (1) by striking the subsection heading and inserting 
     ``Preparation and Review of Secretarial Plans'';
       (2) by striking ``or'' at the end of paragraph (1)(A);
       (3) by striking all that follows ``further revised plan'' 
     in paragraph (1) and inserting ``or amendment; or'';
       (4) by inserting after subparagraph (1)(B), as amended, the 
     following new subparagraph:
       ``(C) the Secretary is given authority to prepare such plan 
     or amendment under this section.'';
       (5) by striking paragraph (2) and inserting:
       ``(2) In preparing any plan or amendment under this 
     subsection, the Secretary shall--
       ``(A) conduct public hearings, at appropriate times and 
     locations in the geographical areas concerned, so as to allow 
     interested persons an opportunity to be heard in the 
     preparation and amendment of the plan and any regulations 
     implementing the plan; and
       ``(B) consult with the Secretary of State with respect to 
     foreign fishing and with the Secretary of the department in 
     which the Coast Guard is operating with respect to 
     enforcement at sea.'';
       (6) by inserting ``for a fishery under the authority of a 
     Council'' after ``paragraph (1)'' in paragraph (3);
       (7) by striking ``system described in section 303(b)(6)'' 
     in paragraph (3) and inserting ``system, including any 
     individual fishing quota program''; and
       (8) by inserting after paragraph (3) the following new 
     paragraphs:
       ``(4) Whenever the Secretary prepares a fishery management 
     plan or plan amendment under this section, the Secretary 
     shall immediately--
       ``(A) for a plan or amendment for a fishery under the 
     authority of a Council, submit such plan or amendment to the 
     appropriate Council for consideration and comment; and
       ``(B) publish in the Federal Register a notice stating that 
     the plan or amendment is available and that written 
     information, views, or comments of interested persons on the 
     plan or amendment may be submitted to the Secretary during 
     the 60-day period beginning on the date the notice is 
     published.
       ``(5) Whenever a plan or amendment is submitted under 
     paragraph (4)(A), the appropriate Council must submit its 
     comments and recommendations, if any, regarding the plan or 
     amendment to the Secretary before the close of the 60-day 
     period referred to in paragraph (4)(B). After the close of 
     such 60-day period, the Secretary, after taking into account 
     any such comments and recommendations, as well as any views, 
     information, or comments submitted under paragraph (4)(B), 
     may adopt such plan or amendment.
       ``(6) The Secretary may propose regulations in the Federal 
     Register to implement any plan or amendment prepared by the 
     Secretary. In the case of a plan or amendment to which 
     paragraph (4)(A) applies, such regulations shall be submitted 
     to the Council with such plan or amendment. The comment 
     period on proposed regulations shall be 60 days, except that 
     the Secretary may shorten the comment period on minor 
     revisions to existing regulations.
       ``(7) The Secretary shall promulgate final regulations 
     within 30 days after the end of the comment period under 
     paragraph (6). The Secretary must publish in the Federal 
     Register an explanation of any substantive differences 
     between the proposed and final rules. All final regulations 
     must be consistent with the fishery management plan, with the 
     national standards and other provisions of this Act, and with 
     any other applicable law.''.
       (c) Individual Fishing Quota and Community Development 
     Quota Fees.--Section 304(d) (16 U.S.C. 1854(d)) is amended--
       (1) by inserting ``(1)'' immediately before the first 
     sentence; and
       (2) by inserting the at the end the following:
       ``(2)(A) Notwithstanding paragraph (1), the Secretary is 
     authorized and shall collect a fee to recover the actual 
     costs directly related to the management and enforcement of 
     any--
       ``(i) individual fishing quota program; and
       ``(ii) community development quota program that allocates a 
     percentage of the total allowable catch of a fishery to such 
     program.
       ``(B) Such fee shall not exceed 3 percent of the ex-vessel 
     value of fish harvested under any such program, and shall be 
     collected at either the time of the landing, filing of a 
     landing report, or sale of such fish during a fishing season 
     or in the last quarter of the calendar year in which the fish 
     is harvested.
       ``(C)(i) Fees collected under this paragraph shall be in 
     addition to any other fees charged under this Act and shall 
     be deposited in the Limited Access System Administration Fund 
     established under section 305(h)(5)(B), except that the 
     portion of any such fees reserved under section 303(d)(4)(A) 
     shall be deposited in the Treasury and available, subject to 
     annual appropriations, to cover the costs of new direct loan 
     obligations and new loan guarantee commitments as required by 
     section 504(b)(1) of the Federal Credit Reform Act (2 U.S.C. 
     661c(b)(1)).
       ``(ii) Upon application by a State, the Secretary shall 
     transfer to such State up to 33 percent of any fee collected 
     pursuant to subparagraph (A) under a community development 
     quota program and deposited in the Limited Access System 
     Administration Fund in order to reimburse such State for 
     actual costs directly incurred in the management and 
     enforcement of such program.''.
       (d) Delay of Fees.--Notwithstanding any other provision of 
     law, the Secretary shall not begin the collection of fees 
     under section 304(d)(2) of the Magnuson Fishery Conservation 
     and Management Act, as amended by this Act, in the surf clam 
     and ocean (including mahogany) quahog fishery or in the 
     wreckfish fishery until after January 1, 2000.
       (e) Overfishing.--Section 304(e) (16 U.S.C. 1854(e)) is 
     amended to read as follows:
       ``(e) Rebuilding Overfished Fisheries.--
       ``(1) The Secretary shall report annually to the Congress 
     and the Councils on the status of fisheries within each 
     Council's geographical area of authority and identify those 
     fisheries that are overfished or are approaching a condition 
     of being overfished. For those fisheries managed under a 
     fishery management plan or international agreement, the 
     status shall be determined using the criteria for overfishing 
     specified in such plan or agreement. A fishery shall be 
     classified as approaching a condition of being overfished if, 
     based on trends in fishing effort, fishery resource size, and 
     other appropriate factors, the Secretary estimates that the 
     fishery will become overfished within two years.
       ``(2) If the Secretary determines at any time that a 
     fishery is overfished, the Secretary shall immediately notify 
     the appropriate Council and request that action be taken to 
     end overfishing in the fishery and to implement conservation 
     and management measures to rebuild affected stocks of fish. 
     The Secretary shall publish each notice under this paragraph 
     in the Federal Register.
       ``(3) Within one year of an identification under paragraph 
     (1) or notification under paragraphs (2) or (7), the 
     appropriate Council (or the Secretary, for fisheries under 
     section 302(a)(3)) shall prepare a fishery management plan, 
     plan amendment, or proposed regulations for the fishery to 
     which the identification or notice applies--
       ``(A) to end overfishing in the fishery and to rebuild 
     affected stocks of fish; or
       ``(B) to prevent overfishing from occurring in the fishery 
     whenever such fishery is identified as approaching an 
     overfished condition.
       ``(4) For a fishery that is overfished, any fishery 
     management plan, amendment, or proposed regulations prepared 
     pursuant to paragraph (3) or paragraph (5) for such fishery 
     shall--
       ``(A) specify a time period for ending overfishing and 
     rebuilding the fishery that shall--
       ``(i) be as short as possible, taking into account the 
     status and biology of any overfished stocks of fish, the 
     needs of fishing communities, recommendations by 
     international organizations in which the United States 
     participates, and the interaction of the overfished stock of 
     fish within the marine ecosystem; and
       ``(ii) not exceed 10 years, except in cases where the 
     biology of the stock of fish, other environmental conditions, 
     or management measures under an international agreement in 
     which the United States participates dictate otherwise;
       ``(B) allocate both overfishing restrictions and recovery 
     benefits fairly and equitably among sectors of the fishery; 
     and
       ``(C) for fisheries managed under an international 
     agreement, reflect traditional participation in the fishery, 
     relative to other nations, by fishermen of the United States.
       ``(5) If, within the one-year period beginning on the date 
     of identification or notification that a fishery is 
     overfished, the Council does not submit to the Secretary a 
     fishery management plan, plan amendment, or proposed 
     regulations required by paragraph (3)(A), the Secretary shall 
     prepare a fishery management plan or plan amendment and any 
     accompanying regulations to stop overfishing and rebuild 
     affected stocks of fish within 9 months under subsection (c).
       ``(6) During the development of a fishery management plan, 
     a plan amendment, or proposed regulations required by this 
     subsection, the Council may request the Secretary to 
     implement interim measures to reduce overfishing under 
     section 305(c) until such measures can be replaced by such 
     plan, amendment, or regulations. Such measures, if otherwise 
     in compliance with the provisions of this Act, may be 
     implemented even though they are not sufficient by themselves 
     to stop overfishing of a fishery.
       ``(7) The Secretary shall review any fishery management 
     plan, plan amendment, or regulations required by this 
     subsection at routine intervals that may not exceed two 
     years. If the Secretary finds as a result of the review that 
     such plan, amendment, or regulations have not resulted in 
     adequate progress toward ending overfishing and rebuilding 
     affected fish stocks, the Secretary shall--
       ``(A) in the case of a fishery to which section 302(a)(3) 
     applies, immediately make revisions necessary to achieve 
     adequate progress; or
       ``(B) for all other fisheries, immediately notify the 
     appropriate Council. Such notification shall recommend 
     further conservation and management measures which the 
     Council should consider under paragraph (3) to achieve 
     adequate progress.''.
       (f) Fisheries under Authority of More Than One Council.--
     Section 304(f) is amended by striking paragraph (3).
       (g) Atlantic Highly Migratory Species.--Section 304 (16 
     U.S.C. 1854) is amended further by striking subsection (g) 
     and inserting the following:

[[Page H11426]]

       ``(g) Atlantic Highly Migratory Species.--(1) Preparation 
     and implementation of plan or plan amendment.--The Secretary 
     shall prepare a fishery management plan or plan amendment 
     under subsection (c) with respect to any highly migratory 
     species fishery to which section 302(a)(3) applies. In 
     preparing and implementing any such plan or amendment, the 
     Secretary shall--
       ``(A) consult with and consider the comments and views of 
     affected Councils, commissioners and advisory groups 
     appointed under Acts implementing relevant international 
     fishery agreements pertaining to highly migratory species, 
     and the advisory panel established under section 302(g);
       ``(B) establish an advisory panel under section 302(g) for 
     each fishery management plan to be prepared under this 
     paragraph;
       ``(C) evaluate the likely effects, if any, of conservation 
     and management measures on participants in the affected 
     fisheries and minimize, to the extent practicable, any 
     disadvantage to United States fishermen in relation to 
     foreign competitors;
       ``(D) with respect to a highly migratory species for which 
     the United States is authorized to harvest an allocation, 
     quota, or at a fishing mortality level under a relevant 
     international fishery agreement, provide fishing vessels of 
     the United States with a reasonable opportunity to harvest 
     such allocation, quota, or at such fishing mortality level;
       ``(E) review, on a continuing basis (and promptly whenever 
     a recommendation pertaining to fishing for highly migratory 
     species has been made under a relevant international fishery 
     agreement), and revise as appropriate, the conservation and 
     management measures included in the plan;
       ``(F) diligently pursue, through international entities 
     (such as the International Commission for the Conservation of 
     Atlantic Tunas), comparable international fishery management 
     measures with respect to fishing for highly migratory 
     species; and
       ``(G) ensure that conservation and management measures 
     under this subsection--
       ``(i) promote international conservation of the affected 
     fishery;
       ``(ii) take into consideration traditional fishing patterns 
     of fishing vessels of the United States and the operating 
     requirements of the fisheries;
       ``(iii) are fair and equitable in allocating fishing 
     privileges among United States fishermen and do not have 
     economic allocation as the sole purpose; and
       ``(iv) promote, to the extent practicable, implementation 
     of scientific research programs that include the tagging and 
     release of Atlantic highly migratory species.
       ``(2) Certain fish excluded from `bycatch' definition.--
     Notwithstanding section 3(2), fish harvested in a commercial 
     fishery managed by the Secretary under this subsection or the 
     Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d) that 
     are not regulatory discards and that are tagged and released 
     alive under a scientific tagging and release program 
     established by the Secretary shall not be considered bycatch 
     for purposes of this Act.''.
       (h) Comprehensive Management System for Atlantic Pelagic 
     Longline Fishery.--(1) The Secretary of Commerce shall--
       (A) establish an advisory panel under section 302(g)(4) of 
     the Magnuson Fishery Conservation and Management Act, as 
     amended by this Act, for pelagic longline fishing vessels 
     that participate in fisheries for Atlantic highly migratory 
     species;
       (B) conduct surveys and workshops with affected fishery 
     participants to provide information and identify options for 
     future management programs;
       (C) to the extent practicable and necessary for the 
     evaluation of options for a comprehensive management system, 
     recover vessel production records; and
       (D) complete by January 1, 1998, a comprehensive study on 
     the feasibility of implementing a comprehensive management 
     system for pelagic longline fishing vessels that participate 
     in fisheries for Atlantic highly migratory species, 
     including, but not limited to, individual fishing quota 
     programs and other limited access systems.
       (2) Based on the study under paragraph (1)(D) and 
     consistent with the requirements of the Magnuson Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.), in 
     cooperation with affected participants in the fishery, the 
     United States Commissioners on the International Commission 
     for the Conservation of Atlantic Tunas, and the advisory 
     panel established under paragraph (1)(A), the Secretary of 
     Commerce may, after October 1, 1998, implement a 
     comprehensive management system pursuant to section 304 of 
     such Act (16 U.S.C. 1854) for pelagic longline fishing 
     vessels that participate in fisheries for Atlantic highly 
     migratory species. Such a system may not implement an 
     individual fishing quota program until after October 1, 2000.
       (i) Repeal or Revocation of a Fishery Management Plan.--
     Section 304, as amended, is further amended by adding at the 
     end the following:
       ``(h) Repeal or Revocation of a Fishery Management Plan.--
     The Secretary may repeal or revoke a fishery management plan 
     for a fishery under the authority of a Council only if the 
     Council approves the repeal or revocation by a three-quarters 
     majority of the voting members of the Council.''.
       (j) American Lobster Fishery.--Section 304(h) of the 
     Magnuson Fishery Conservation and Management Act, as amended 
     by this Act, shall not apply to the American Lobster Fishery 
     Management Plan.

     SEC. 110. OTHER REQUIREMENTS AND AUTHORITY.

       (a) Section 305 (18 U.S.C. 1855) is amended--
       (1) by striking the title and subsection (a);
       (2) by redesignating subsection (b) as subsection (f); and
       (3) by inserting the following before subsection (c):

     ``SEC. 305. OTHER REQUIREMENTS AND AUTHORITY.

        ``(a) Gear Evaluation and Notification of Entry.--
       ``(1) Not later than 18 months after the date of enactment 
     of the Sustainable Fisheries Act, the Secretary shall publish 
     in the Federal Register, after notice and an opportunity for 
     public comment, a list of all fisheries --
       ``(A) under the authority of each Council and all fishing 
     gear used in such fisheries, based on information submitted 
     by the Councils under section 303(a); and
       ``(B) to which section 302(a)(3) applies and all fishing 
     gear used in such fisheries.
       ``(2) The Secretary shall include with such list guidelines 
     for determining when fishing gear or a fishery is 
     sufficiently different from those listed as to require 
     notification under paragraph (3).
       ``(3) Effective 180 days after the publication of such 
     list, no person or vessel may employ fishing gear or engage 
     in a fishery not included on such list without giving 90 days 
     advance written notice to the appropriate Council, or the 
     Secretary with respect to a fishery to which section 
     302(a)(3) applies. A signed return receipt shall serve as 
     adequate evidence of such notice and as the date upon which 
     the 90-day period begins.
       ``(4) A Council may submit to the Secretary any proposed 
     changes to such list or such guidelines the Council deems 
     appropriate. The Secretary shall publish a revised list, 
     after notice and an opportunity for public comment, upon 
     receiving any such proposed changes from a Council.
       ``(5) A Council may request the Secretary to promulgate 
     emergency regulations under subsection (c) to prohibit any 
     persons or vessels from using an unlisted fishing gear or 
     engaging in an unlisted fishery if the appropriate Council, 
     or the Secretary for fisheries to which section 302(a)(3) 
     applies, determines that such unlisted gear or unlisted 
     fishery would compromise the effectiveness of conservation 
     and management efforts under this Act.
       ``(6) Nothing in this subsection shall be construed to 
     permit a person or vessel to engage in fishing or employ 
     fishing gear when such fishing or gear is prohibited or 
     restricted by regulation under a fishery management plan or 
     plan amendment, or under other applicable law.
       ``(b) Fish Habitat.--(1)(A) The Secretary shall, within 6 
     months of the date of enactment of the Sustainable Fisheries 
     Act, establish by regulation guidelines to assist the 
     Councils in the description and identification of essential 
     fish habitat in fishery management plans (including adverse 
     impacts on such habitat) and in the consideration of actions 
     to ensure the conservation and enhancement of such habitat. 
     The Secretary shall set forth a schedule for the amendment of 
     fishery management plans to include the identification of 
     essential fish habitat and for the review and updating of 
     such identifications based on new scientific evidence or 
     other relevant information.
       ``(B) The Secretary, in consultation with participants in 
     the fishery, shall provide each Council with recommendations 
     and information regarding each fishery under that Council's 
     authority to assist it in the identification of essential 
     fish habitat, the adverse impacts on that habitat, and the 
     actions that should be considered to ensure the conservation 
     and enhancement of that habitat.
       ``(C) The Secretary shall review programs administered by 
     the Department of Commerce and ensure that any relevant 
     programs further the conservation and enhancement of 
     essential fish habitat.
       ``(D) The Secretary shall coordinate with and provide 
     information to other Federal agencies to further the 
     conservation and enhancement of essential fish habitat.
       ``(2) Each Federal agency shall consult with the Secretary 
     with respect to any action authorized, funded, or undertaken, 
     or proposed to be authorized, funded, or undertaken, by such 
     agency that may adversely affect any essential fish habitat 
     identified under this Act.
       ``(3) Each Council--
       ``(A) may comment on and make recommendations to the 
     Secretary and any Federal or State agency concerning any 
     activity authorized, funded, or undertaken, or proposed to be 
     authorized, funded, or undertaken, by any Federal or State 
     agency that, in the view of the Council, may affect the 
     habitat, including essential fish habitat, of a fishery 
     resource under its authority; and
       ``(B) shall comment on and make recommendations to the 
     Secretary and any Federal or State agency concerning any such 
     activity that, in the view of the Council, is likely to 
     substantially affect the habitat, including essential fish 
     habitat, of an anadromous fishery resource under its 
     authority.
       ``(4)(A) If the Secretary receives information from a 
     Council or Federal or State agency or determines from other 
     sources that an action authorized, funded, or undertaken, or 
     proposed to be authorized, funded, or undertaken, by any 
     State or Federal agency would adversely affect any essential 
     fish habitat

[[Page H11427]]

     identified under this Act, the Secretary shall recommend to 
     such agency measures that can be taken by such agency to 
     conserve such habitat.
       ``(B) Within 30 days after receiving a recommendation under 
     subparagraph (A), a Federal agency shall provide a detailed 
     response in writing to any Council commenting under paragraph 
     (3) and the Secretary regarding the matter. The response 
     shall include a description of measures proposed by the 
     agency for avoiding, mitigating, or offsetting the impact of 
     the activity on such habitat. In the case of a response that 
     is inconsistent with the recommendations of the Secretary, 
     the Federal agency shall explain its reasons for not 
     following the recommendations.''.
       (b) Section 305(c) (16 U.S.C. 1855(c) is amended--
       (1) in the heading by striking ``Actions'' and inserting 
     ``Actions and Interim Measures'';
       (2) in paragraphs (1) and (2)--
       (A) by striking ``involving'' and inserting ``or that 
     interim measures are needed to reduce overfishing for''; and
       (B) by inserting ``or interim measures'' after ``emergency 
     regulations''; and
       (C) by inserting ``or overfishing'' after ``emergency''; 
     and
       (3) in paragraph (3)--
       (A) by inserting ``or interim measure'' after ``emergency 
     regulation'' each place such term appears;
       (B) by striking subparagraph (B);
       (C) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (D) by inserting after subparagraph (A) the following:
       ``(B) shall, except as provided in subparagraph (C), remain 
     in effect for not more than 180 days after the date of 
     publication, and may be extended by publication in the 
     Federal Register for one additional period of not more than 
     180 days, provided the public has had an opportunity to 
     comment on the emergency regulation or interim measure, and, 
     in the case of a Council recommendation for emergency 
     regulations or interim measures, the Council is actively 
     preparing a fishery management plan, plan amendment, or 
     proposed regulations to address the emergency or overfishing 
     on a permanent basis;
       ``(C) that responds to a public health emergency or an oil 
     spill may remain in effect until the circumstances that 
     created the emergency no longer exist, provided that the 
     public has an opportunity to comment after the regulation is 
     published, and, in the case of a public health emergency, the 
     Secretary of Health and Human Services concurs with the 
     Secretary's action; and''.
       (c) Section 305(e) is amended--
       (1) by striking ``12291, dated February 17, 1981,'' and 
     inserting ``12866, dated September 30, 1993,''; and
       (2) by striking ``subsection (c) or section 304(a) and 
     (b)'' and inserting ``subsections (a), (b), and (c) of 
     section 304''.
       (d) Section 305, as amended, is further amended by adding 
     at the end the following:
       ``(g) Negotiated Conservation and Management Measures.--
       ``(1)(A) In accordance with regulations promulgated by the 
     Secretary pursuant to this paragraph, a Council may establish 
     a fishery negotiation panel to assist in the development of 
     specific conservation and management measures for a fishery 
     under its authority. The Secretary may establish a fishery 
     negotiation panel to assist in the development of specific 
     conservation and management measures required for a fishery 
     under section 304(e)(5), for a fishery for which the 
     Secretary has authority under section 304(g), or for any 
     other fishery with the approval of the appropriate Council.
       ``(B) No later than 180 days after the date of enactment of 
     the Sustainable Fisheries Act, the Secretary shall promulgate 
     regulations establishing procedures, developed in cooperation 
     with the Administrative Conference of the United States, for 
     the establishment and operation of fishery negotiation 
     panels. Such procedures shall be comparable to the procedures 
     for negotiated rulemaking established by subchapter III of 
     chapter 5 of title 5, United States Code.
       ``(2) If a negotiation panel submits a report, such report 
     shall specify all the areas where consensus was reached by 
     the panel, including, if appropriate, proposed conservation 
     and management measures, as well as any other information 
     submitted by members of the negotiation panel. Upon receipt, 
     the Secretary shall publish such report in the Federal 
     Register for public comment.
       ``(3) Nothing in this subsection shall be construed to 
     require either a Council or the Secretary, whichever is 
     appropriate, to use all or any portion of a report from a 
     negotiation panel established under this subsection in the 
     development of specific conservation and management measures 
     for the fishery for which the panel was established.
       ``(h) Central Registry System for Limited Access System 
     Permits.--
       ``(1) Within 6 months after the date of enactment of the 
     Sustainable Fisheries Act, the Secretary shall establish an 
     exclusive central registry system (which may be administered 
     on a regional basis) for limited access system permits 
     established under section 303(b)(6) or other Federal law, 
     including individual fishing quotas, which shall provide for 
     the registration of title to, and interests in, such permits, 
     as well as for procedures for changes in the registration of 
     title to such permits upon the occurrence of involuntary 
     transfers, judicial or nonjudicial foreclosure of interests, 
     enforcement of judgments thereon, and related matters deemed 
     appropriate by the Secretary. Such registry system shall--
       ``(A) provide a mechanism for filing notice of a 
     nonjudicial foreclosure or enforcement of a judgment by which 
     the holder of a senior security interest acquires or conveys 
     ownership of a permit, and in the event of a nonjudicial 
     foreclosure, by which the interests of the holders of junior 
     security interests are released when the permit is 
     transferred;
       ``(B) provide for public access to the information filed 
     under such system, notwithstanding section 402(b); and
       ``(C) provide such notice and other requirements of 
     applicable law that the Secretary deems necessary for an 
     effective registry system.
       ``(2) The Secretary shall promulgate such regulations as 
     may be necessary to carry out this subsection, after 
     consulting with the Councils and providing an opportunity for 
     public comment. The Secretary is authorized to contract with 
     non-federal entities to administer the central registry 
     system.
       ``(3) To be effective and perfected against any person 
     except the transferor, its heirs and devisees, and persons 
     having actual notice thereof, all security interests, and all 
     sales and other transfers of permits described in paragraph 
     (1), shall be registered in compliance with the regulations 
     promulgated under paragraph (2). Such registration shall 
     constitute the exclusive means of perfection of title to, and 
     security interests in, such permits, except for federal tax 
     liens thereon, which shall be perfected exclusively in 
     accordance with the Internal Revenue Code of 1986 (26 U.S.C. 
     1 et seq.). The Secretary shall notify both the buyer and 
     seller of a permit if a lien has been filed by the Secretary 
     of Treasury against the permit before collecting any transfer 
     fee under paragraph (5) of this subsection.
       ``(4) The priority of security interests shall be 
     determined in order of filing, the first filed having the 
     highest priority. A validly-filed security interest shall 
     remain valid and perfected notwithstanding a change in 
     residence or place of business of the owner of record. For 
     the purposes of this subsection, `security interest' shall 
     include security interests, assignments, liens and other 
     encumbrances of whatever kind.
       ``(5)(A) Notwithstanding section 304(d)(1), the Secretary 
     shall collect a reasonable fee of not more than one-half of 
     one percent of the value of a limited access system permit 
     upon registration of the title to such permit with the 
     central registry system and upon the transfer of such 
     registered title. Any such fee collected shall be deposited 
     in the Limited Access System Administration Fund established 
     under subparagraph (B).
       ``(B) There is established in the Treasury a Limited Access 
     System Administration Fund. The Fund shall be available, 
     without appropriation or fiscal year limitation, only to the 
     Secretary for the purposes of--
       ``(i) administering the central registry system; and
       ``(ii) administering and implementing this Act in the 
     fishery in which the fees were collected. Sums in the Fund 
     that are not currently needed for these purposes shall be 
     kept on deposit or invested in obligations of, or guaranteed 
     by, the United States.''.
       (e) Registry Transition.--Security interests on permits 
     described under section 305(h)(1) of the Magnuson Fishery 
     Conservation and Management Act, as amended by this Act, that 
     are effective and perfected by otherwise applicable law on 
     the date of the final regulations implementing section 305(h) 
     shall remain effective and perfected if, within 120 days 
     after such date, the secured party submits evidence 
     satisfactory to the Secretary of Commerce and in compliance 
     with such regulations of the perfection of such security.

     SEC. 111. PACIFIC COMMUNITY FISHERIES.

       (a) Harold Sparck Memorial Community Development Quota 
     Program.--Section 305, as amended, is amended further by 
     adding at the end:
       ``(i) Alaska and Western Pacific Community Development 
     Programs.--
       ``(1)(A) The North Pacific Council and the Secretary shall 
     establish a western Alaska community development quota 
     program under which a percentage of the total allowable catch 
     of any Bering Sea fishery is allocated to the program.
       ``(B) To be eligible to participate in the western Alaska 
     community development quota program under subparagraph (A) a 
     community shall--
       ``(i) be located within 50 nautical miles from the baseline 
     from which the breadth of the territorial sea is measured 
     along the Bering Sea coast from the Bering Strait to the 
     western most of the Aleutian Islands, or on an island within 
     the Bering Sea;
       ``(ii) not be located on the Gulf of Alaska coast of the 
     north Pacific Ocean;
       ``(iii) meet criteria developed by the Governor of Alaska, 
     approved by the Secretary, and published in the Federal 
     Register;
       ``(iv) be certified by the Secretary of the Interior 
     pursuant to the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.) to be a Native village;
       ``(v) consist of residents who conduct more than one-half 
     of their current commercial or subsistence fishing effort in 
     the waters of the Bering Sea or waters surrounding the 
     Aleutian Islands; and
       ``(vi) not have previously developed harvesting or 
     processing capability sufficient to support substantial 
     participation in the groundfish fisheries in the Bering Sea, 
     unless

[[Page H11428]]

     the community can show that the benefits from an approved 
     Community Development Plan would be the only way for the 
     community to realize a return from previous investments.
       ``(C)(i) Prior to October 1, 2001, the North Pacific 
     Council may not submit to the Secretary any fishery 
     management plan, plan amendment, or regulation that allocates 
     to the western Alaska community development quota program a 
     percentage of the total allowable catch of any Bering Sea 
     fishery for which, prior to October 1, 1995, the Council had 
     not approved a percentage of the total allowable catch for 
     allocation to such community development quota program. The 
     expiration of any plan, amendment, or regulation that meets 
     the requirements of clause (ii) prior to October 1, 2001, 
     shall not be construed to prohibit the Council from 
     submitting a revision or extension of such plan, amendment, 
     or regulation to the Secretary if such revision or extension 
     complies with the other requirements of this paragraph.
       ``(ii) With respect to a fishery management plan, plan 
     amendment, or regulation for a Bering Sea fishery that--
       ``(I) allocates to the western Alaska community development 
     quota program a percentage of the total allowable catch of 
     such fishery; and
       ``(II) was approved by the North Pacific Council prior to 
     October 1, 1995;

     the Secretary shall, except as provided in clause (iii) and 
     after approval of such plan, amendment, or regulation under 
     section 304, allocate to the program the percentage of the 
     total allowable catch described in such plan, amendment, or 
     regulation. Prior to October 1, 2001, the percentage 
     submitted by the Council and approved by the Secretary for 
     any such plan, amendment, or regulation shall be no greater 
     than the percentage approved by the Council for such fishery 
     prior to October 1, 1995.
       ``(iii) The Secretary shall phase in the percentage for 
     community development quotas approved in 1995 by the North 
     Pacific Council for the Bering Sea crab fisheries as follows:
       ``(I) 3.5 percent of the total allowable catch of each such 
     fishery for 1998 shall be allocated to the western Alaska 
     community development quota program;
       ``(II) 5 percent of the total allowable catch of each such 
     fishery for 1999 shall be allocated to the western Alaska 
     community development quota program; and
       ``(III) 7.5 percent of the total allowable catch of each 
     such fishery for 2000 and thereafter shall be allocated to 
     the western Alaska community development quota program, 
     unless the North Pacific Council submits and the Secretary 
     approves a percentage that is no greater than 7.5 percent of 
     the total allowable catch of each such fishery for 2001 or 
     the North Pacific Council submits and the Secretary approves 
     any other percentage on or after October 1, 2001.
       ``(D) This paragraph shall not be construed to require the 
     North Pacific Council to resubmit, or the Secretary to 
     reapprove, any fishery management plan or plan amendment 
     approved by the North Pacific Council prior to October 1, 
     1995, that includes a community development quota program, or 
     any regulations to implement such plan or amendment.
       ``(2)(A) The Western Pacific Council and the Secretary may 
     establish a western Pacific community development program for 
     any fishery under the authority of such Council in order to 
     provide access to such fishery for western Pacific 
     communities that participate in the program.
       ``(B) To be eligible to participate in the western Pacific 
     community development program, a community shall--
       ``(i) be located within the Western Pacific Regional 
     Fishery Management Area;
       ``(ii) meet criteria developed by the Western Pacific 
     Council, approved by the Secretary and published in the 
     Federal Register;
       ``(iii) consist of community residents who are descended 
     from the aboriginal people indigenous to the area who 
     conducted commercial or subsistence fishing using traditional 
     fishing practices in the waters of the Western Pacific 
     region;
       ``(iv) not have previously developed harvesting or 
     processing capability sufficient to support substantial 
     participation in fisheries in the Western Pacific Regional 
     Fishery Management Area; and
       ``(v) develop and submit a Community Development Plan to 
     the Western Pacific Council and the Secretary.
       ``(C) In developing the criteria for eligible communities 
     under subparagraph (B)(ii), the Western Pacific Council shall 
     base such criteria on traditional fishing practices in or 
     dependence on the fishery, the cultural and social framework 
     relevant to the fishery, and economic barriers to access to 
     the fishery.
       ``(D) For the purposes of this subsection `Western Pacific 
     Regional Fishery Management Area' means the area under the 
     jurisdiction of the Western Pacific Council, or an island 
     within such area.
       ``(E) Notwithstanding any other provision of this Act, the 
     Western Pacific Council shall take into account traditional 
     indigenous fishing practices in preparing any fishery 
     management plan.
       ``(3) The Secretary shall deduct from any fees collected 
     from a community development quota program under section 
     304(d)(2) the costs incurred by participants in the program 
     for observer and reporting requirements which are in addition 
     to observer and reporting requirements of other participants 
     in the fishery in which the allocation to such program has 
     been made.
       ``(4) After the date of enactment of the Sustainable 
     Fisheries Act, the North Pacific Council and Western Pacific 
     Council may not submit to the Secretary a community 
     development quota program that is not in compliance with this 
     subsection.''.
       (b) Western Pacific Demonstration Projects.--(1) The 
     Secretary of Commerce and the Secretary of the Interior are 
     authorized to make direct grants to eligible western Pacific 
     communities, as recommended by the Western Pacific Fishery 
     Management Council, for the purpose of establishing not less 
     than three and not more than five fishery demonstration 
     projects to foster and promote traditional indigenous fishing 
     practices. The total amount of grants awarded under this 
     subsection shall not exceed $500,000 in each fiscal year.
       (2) Demonstration projects funded pursuant to this 
     subsection shall foster and promote the involvement of 
     western Pacific communities in western Pacific fisheries and 
     may--
       (A) identify and apply traditional indigenous fishing 
     practices;
       (B) develop or enhance western Pacific community-based 
     fishing opportunities; and
       (C) involve research, community education, or the 
     acquisition of materials and equipment necessary to carry out 
     any such demonstration project.
       (3)(A) The Western Pacific Fishery Management Council, in 
     consultation with the Secretary of Commerce, shall establish 
     an advisory panel under section 302(g) of the Magnuson 
     Fishery Conservation and Management Act (16 U.S.C. 1852(g)) 
     to evaluate, determine the relative merits of, and annually 
     rank applications for such grants. The panel shall consist of 
     not more than 8 individuals who are knowledgeable or 
     experienced in traditional indigenous fishery practices of 
     western Pacific communities and who are not members or 
     employees of the Western Pacific Fishery Management Council.
       (B) If the Secretary of Commerce or the Secretary of the 
     Interior awards a grant for a demonstration project not in 
     accordance with the rank given to such project by the 
     advisory panel, the Secretary shall provide a detailed 
     written explanation of the reasons therefor.
       (4) The Western Pacific Fishery Management Council shall, 
     with the assistance of such advisory panel, submit an annual 
     report to the Congress assessing the status and progress of 
     demonstration projects carried out under this subsection.
       (5) Appropriate Federal agencies may provide technical 
     assistance to western Pacific community-based entities to 
     assist in carrying out demonstration projects under this 
     subsection.
       (6) For the purposes of this subsection, `western Pacific 
     community' shall mean a community eligible to participate 
     under section 305(i)(2)(B) of the Magnuson Fishery 
     Conservation and Management Act, as amended by this Act.

     SEC. 112. STATE JURISDICTION.

       (a) Paragraph (3) of section 306(a) (16 U.S.C. 1856(a)) is 
     amended to read as follows:
       ``(3) A State may regulate a fishing vessel outside the 
     boundaries of the State in the following circumstances:
       ``(A) The fishing vessel is registered under the law of 
     that State, and (i) there is no fishery management plan or 
     other applicable federal fishing regulations for the fishery 
     in which the vessel is operating; or (ii) the State's laws 
     and regulations are consistent with the fishery management 
     plan and applicable federal fishing regulations for the 
     fishery in which the vessel is operating.
       ``(B) The fishery management plan for the fishery in which 
     the fishing vessel is operating delegates management of the 
     fishery to a State and the State's laws and regulations are 
     consistent with such fishery management plan. If at any time 
     the Secretary determines that a State law or regulation 
     applicable to a fishing vessel under this circumstance is not 
     consistent with the fishery management plan, the Secretary 
     shall promptly notify the State and the appropriate Council 
     of such determination and provide an opportunity for the 
     State to correct any inconsistencies identified in the 
     notification. If, after notice and opportunity for corrective 
     action, the State does not correct the inconsistencies 
     identified by the Secretary, the authority granted to the 
     State under this subparagraph shall not apply until the 
     Secretary and the appropriate Council find that the State has 
     corrected the inconsistencies. For a fishery for which there 
     was a fishery management plan in place on August 1, 1996 that 
     did not delegate management of the fishery to a State as of 
     that date, the authority provided by this subparagraph 
     applies only if the Council approves the delegation of 
     management of the fishery to the State by a three-quarters 
     majority vote of the voting members of the Council.
       ``(C) The fishing vessel is not registered under the law of 
     the State of Alaska and is operating in a fishery in the 
     exclusive economic zone off Alaska for which there was no 
     fishery management plan in place on August 1, 1996, and the 
     Secretary and the North Pacific Council find that there is a 
     legitimate interest of the State of Alaska in the 
     conservation and management of such fishery. The authority 
     provided under this subparagraph shall terminate when a 
     fishery management plan under this Act is approved and 
     implemented for such fishery.''.

[[Page H11429]]

       (b) Section 306(b) (16 U.S.C. 1856(b)) is amended by adding 
     at the end the following:
       ``(3) If the State involved requests that a hearing be held 
     pursuant to paragraph (1), the Secretary shall conduct such 
     hearing prior to taking any action under paragraph (1).''.
       (c) Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amended--
       (1) by striking ``(4)(C); and'' in subparagraph (A) and 
     inserting ``(4)(C) or has received a permit under section 
     204(d);'';
       (2) by striking the period at the end of subparagraph (B) 
     and inserting a semicolon and the word ``and''; and
       (3) by inserting after subparagraph (B) the following:
       ``(C) the owner or operator of the vessel submits reports 
     on the tonnage of fish received from vessels of the United 
     States and the locations from which such fish were harvested, 
     in accordance with such procedures as the Secretary by 
     regulation shall prescribe.''.
       (d) Interim Authority for Dungeness Crab.--(1) Subject to 
     the provisions of this subsection and notwithstanding section 
     306(a) of the Magnuson Fishery Conservation and Management 
     Act (16 U.S.C. 1856(a)), the States of Washington, Oregon, 
     and California may each enforce State laws and regulations 
     governing fish harvesting and processing against any vessel 
     operating in the exclusive economic zone off each respective 
     State in a fishery for Dungeness crab (Cancer magister) for 
     which there is no fishery management plan implemented under 
     the Magnuson Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.).
       (2) Any law or regulation promulgated under this subsection 
     shall apply equally to vessels operating in the exclusive 
     economic zone and adjacent State waters and shall be limited 
     to--
       (A) establishment of season opening and closing dates, 
     including presoak dates for crab pots;
       (B) setting of minimum sizes and crab meat recovery rates;
       (C) restrictions on the retention of crab of a certain sex; 
     and
       (D) closure of areas or pot limitations to meet the harvest 
     requirements arising under the jurisdiction of United States 
     v. Washington, subproceeding 89-3.
       (3) With respect to the States of Washington, Oregon, and 
     California--
       (A) any State law limiting entry to a fishery subject to 
     regulation under this subsection may not be enforced against 
     a vessel that is operating in the exclusive economic zone off 
     that State and is not registered under the law of that State, 
     if the vessel is otherwise legally fishing in the exclusive 
     economic zone, except that State laws regulating landings may 
     be enforced; and
       (B) no vessel may harvest or process fish which is subject 
     to regulation under this subsection unless under an 
     appropriate State permit or pursuant to a Federal court 
     order.
       (4) The authority provided under this subsection to 
     regulate the Dungeness crab fishery shall terminate on 
     October 1, 1999, or when a fishery management plan is 
     implemented under the Magnuson Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.) for such fishery, 
     whichever date is earlier.
       (5) Nothing in this subsection shall reduce the authority 
     of any State, as such authority existed on July 1, 1996, to 
     regulate fishing, fish processing, or landing of fish.
       (6)(A) It is the sense of Congress that the Pacific Fishery 
     Management Council, at the earliest practicable date, should 
     develop and submit to the Secretary fishery management plans 
     for shellfish fisheries conducted in the geographic area of 
     authority of the Council, especially Dungeness crab, which 
     are not subject to a fishery management plan on the date of 
     enactment of this Act.
       (B) Not later than December 1, 1997, the Pacific Fishery 
     Management Council shall provide a report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Resources of the House of Representatives 
     describing the progress in developing the fishery management 
     plans referred to in subparagraph (A) and any impediments to 
     such progress.

     SEC. 113. PROHIBITED ACTS.

       (a) Section 307(1)(J)(i) (16 U.S.C. 1857(1)(J)(i)) is 
     amended--
       (1) by striking ``plan,'' and inserting ``plan''; and
       (2) by inserting before the semicolon the following: ``, or 
     in the absence of any such plan, is smaller than the minimum 
     possession size in effect at the time under a coastal fishery 
     management plan for American lobster adopted by the Atlantic 
     States Marine Fisheries Commission under the Atlantic Coastal 
     Fisheries Cooperative Management Act (16 U.S.C. 5101 et 
     seq.)''.
       (b) Section 307(1)(K) (16 U.S.C. 1857(1)(K)) is amended--
       (1) by striking ``knowingly steal or without authorization, 
     to'' and inserting ``to steal or attempt to steal or to 
     negligently and without authorization''; and
       (2) by striking ``gear, or attempt to do so;'' and insert 
     ``gear;''.
       (c) Section 307(1)(L) (16 U.S.C. 1857(1)(L)) is amended to 
     read as follows:
       ``(L) to forcibly assault, resist, oppose, impede, 
     intimidate, sexually harass, bribe, or interfere with any 
     observer on a vessel under this Act, or any data collector 
     employed by the National Marine Fisheries Service or under 
     contract to any person to carry out responsibilities under 
     this Act;''.
       (d) Section 307(1) (16 U.S.C. 1857(1)) is amended--
       (1) by striking ``or'' at the end of subparagraph (M);
       (2) by striking ``pollock.'' in subparagraph (N) and 
     inserting ``pollock; or''; and
       (3) by adding at the end the following:
       ``(O) to knowingly and willfully fail to disclose, or to 
     falsely disclose, any financial interest as required under 
     section 302(j), or to knowingly vote on a Council decision in 
     violation of section 302(j)(7)(A).''.
       (e) Section 307(2)(A) (16 U.S.C. 1857(2)(A)) is amended to 
     read as follows:
       ``(A) in fishing within the boundaries of any State, 
     except--
       ``(i) recreational fishing permitted under section 201(i);
       ``(ii) fish processing permitted under section 306(c); or
       ``(iii) transshipment at sea of fish or fish products 
     within the boundaries of any State in accordance with a 
     permit approved under section 204(d);''.
       (f) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended--
       (1) by striking ``(j)'' and inserting ``(i)''; and
       (2) by striking ``204(b) or (c)'' and inserting ``204(b), 
     (c), or (d)''.
       (g) Section 307(3) (16 U.S.C. 1857(3)) is amended to read 
     as follows:
       ``(3) for any vessel of the United States, and for the 
     owner or operator of any vessel of the United States, to 
     transfer at sea directly or indirectly, or attempt to so 
     transfer at sea, any United States harvested fish to any 
     foreign fishing vessel, while such foreign vessel is within 
     the exclusive economic zone or within the boundaries of any 
     State except to the extent that the foreign fishing vessel 
     has been permitted under section 204(d) or section 306(c) to 
     receive such fish;''.
       (h) Section 307(4) (16 U.S.C. 1857(4)) is amended by 
     inserting ``or within the boundaries of any State'' after 
     ``zone''.

     SEC. 114. CIVIL PENALTIES AND PERMIT SANCTIONS; REBUTTABLE 
                   PRESUMPTIONS.

       (a) Section 308(a) (16 U.S.C. 1858(a)) is amended by 
     striking ``ability to pay,'' and adding at the end the 
     following new sentence: ``In assessing such penalty the 
     Secretary may also consider any information provided by the 
     violator relating to the ability of the violator to pay, 
     provided that the information is served on the Secretary at 
     least 30 days prior to an administrative hearing.''.
       (b) The first sentence of section 308(b) (16 U.S.C. 
     1858(b)) is amended to read as follows: ``Any person against 
     whom a civil penalty is assessed under subsection (a) or 
     against whom a permit sanction is imposed under subsection 
     (g) (other than a permit suspension for nonpayment of penalty 
     or fine) may obtain review thereof in the United States 
     district court for the appropriate district by filing a 
     complaint against the Secretary in such court within 30 days 
     from the date of such order.''.
       (c) Section 308(g)(1)(C) (16 U.S.C. 1858(g)(1)(C)) is 
     amended by striking the matter from ``or (C) any'' through 
     ``overdue,'' and inserting the following: ``(C) any amount in 
     settlement of a civil forfeiture imposed on a vessel or other 
     property, or any civil penalty or criminal fine imposed on a 
     vessel or owner or operator of a vessel or any other person 
     who has been issued or has applied for a permit under any 
     marine resource law enforced by the Secretary has not been 
     paid and is overdue, or (D) any payment required for observer 
     services provided to or contracted by an owner or operator 
     who has been issued a permit or applied for a permit under 
     any marine resource law administered by the Secretary has not 
     been paid and is overdue,''.
       (d) Section 310(e) (16 U.S.C. 1860(e)) is amended by adding 
     at the end the following new paragraph:
       ``(3) For purposes of this Act, it shall be a rebuttable 
     presumption that any vessel that is shoreward of the outer 
     boundary of the exclusive economic zone of the United States 
     or beyond the exclusive economic zone of any nation, and that 
     has gear on board that is capable of use for large-scale 
     driftnet fishing, is engaged in such fishing.''.

     SEC. 115. ENFORCEMENT.

       (a) The second sentence of section 311(d) (16 U.S.C. 
     1861(d)) is amended--
       (1) by striking ``Guam, any Commonwealth, territory, or'' 
     and inserting ``Guam or any''; and
       (2) by inserting a comma before the period and the 
     following: ``and except that in the case of the Northern 
     Mariana Islands, the appropriate court is the United States 
     District Court for the District of the Northern Mariana 
     Islands''.
       (b) Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amended--
       (1) by striking ``fishery'' each place it appears and 
     inserting ``marine'';
       (2) by inserting ``of not less than 20 percent of the 
     penalty collected or $20,000, whichever is the lesser 
     amount,'' after ``reward'' in subparagraph (B), and
       (3) by striking subparagraph (E) and inserting the 
     following:
       ``(E) claims of parties in interest to property disposed of 
     under section 612(b) of the Tariff Act of 1930 (19 U.S.C. 
     1612(b)), as made applicable by section 310(c) of this Act or 
     by any other marine resource law enforced by the Secretary, 
     to seizures made by the Secretary, in amounts determined by 
     the Secretary to be applicable to such claims at the time of 
     seizure; and''.
       (c) Section 311(e)(2) (16 U.S.C. 1861(e)(2)) is amended to 
     read as follows:
       ``(2) Any person found in an administrative or judicial 
     proceeding to have violated this

[[Page H11430]]

     Act or any other marine resource law enforced by the 
     Secretary shall be liable for the cost incurred in the sale, 
     storage, care, and maintenance of any fish or other property 
     lawfully seized in connection with the violation.''.
       (d) Section 311 (16 U.S.C. 1861) is amended by 
     redesignating subsection (g) as subsection (h) , and by 
     inserting the following after subsection (f):
       ``(g) Enforcement in the Pacific Insular Areas.--The 
     Secretary, in consultation with the Governors of the Pacific 
     Insular Areas and the Western Pacific Council, shall to the 
     extent practicable support cooperative enforcement agreements 
     between Federal and Pacific Insular Area authorities.''.
       (e) Section 311 (16 U.S.C. 1861), as amended by subsection 
     (d), is amended by striking ``201(b), (c),'' in subsection 
     (i)(1), as redesignated, and inserting ``201(b) or (c), or 
     section 204(d),''.

     SEC. 116. TRANSITION TO SUSTAINABLE FISHERIES.

       (a) Section 312 is amended to read as follows:

     ``SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES.

       ``(a) Fisheries Disaster Relief.--(1) At the discretion of 
     the Secretary or at the request of the Governor of an 
     affected State or a fishing community, the Secretary shall 
     determine whether there is a commercial fishery failure due 
     to a fishery resource disaster as a result of--
       ``(A) natural causes;
       ``(B) man-made causes beyond the control of fishery 
     managers to mitigate through conservation and management 
     measures; or
       ``(C) undetermined causes.
       ``(2) Upon the determination under paragraph (1) that there 
     is a commercial fishery failure, the Secretary is authorized 
     to make sums available to be used by the affected State, 
     fishing community, or by the Secretary in cooperation with 
     the affected State or fishing community for assessing the 
     economic and social effects of the commercial fishery 
     failure, or any activity that the Secretary determines is 
     appropriate to restore the fishery or prevent a similar 
     failure in the future and to assist a fishing community 
     affected by such failure. Before making funds available for 
     an activity authorized under this section, the Secretary 
     shall make a determination that such activity will not expand 
     the size or scope of the commercial fishery failure in that 
     fishery or into other fisheries or other geographic regions.
       ``(3) The Federal share of the cost of any activity carried 
     out under the authority of this subsection shall not exceed 
     75 percent of the cost of that activity.
       ``(4) There are authorized to be appropriated to the 
     Secretary such sums as are necessary for each of the fiscal 
     years 1996, 1997, 1998, and 1999.
       ``(b) Fishing Capacity Reduction Program.--(1) The 
     Secretary, at the request of the appropriate Council for 
     fisheries under the authority of such Council, or the 
     Governor of a State for fisheries under State authority, may 
     conduct a fishing capacity reduction program (referred to in 
     this section as the `program') in a fishery if the Secretary 
     determines that the program--
       ``(A) is necessary to prevent or end overfishing, rebuild 
     stocks of fish, or achieve measurable and significant 
     improvements in the conservation and management of the 
     fishery;
       ``(B) is consistent with the federal or State fishery 
     management plan or program in effect for such fishery, as 
     appropriate, and that the fishery management plan--
       ``(i) will prevent the replacement of fishing capacity 
     removed by the program through a moratorium on new entrants, 
     restrictions on vessel upgrades, and other effort control 
     measures, taking into account the full potential fishing 
     capacity of the fleet; and
       ``(ii) establishes a specified or target total allowable 
     catch or other measures that trigger closure of the fishery 
     or adjustments to reduce catch; and
       ``(C) is cost-effective and capable of repaying any debt 
     obligation incurred under section 1111 of title XI of the 
     Merchant Marine Act, 1936.
       ``(2) The objective of the program shall be to obtain the 
     maximum sustained reduction in fishing capacity at the least 
     cost and in a minimum period of time. To achieve that 
     objective, the Secretary is authorized to pay--
       ``(A) the owner of a fishing vessel, if such vessel is (i) 
     scrapped, or (ii) through the Secretary of the department in 
     which the Coast Guard is operating, subjected to title 
     restrictions that permanently prohibit and effectively 
     prevent its use in fishing, and if the permit authorizing the 
     participation of the vessel in the fishery is surrendered for 
     permanent revocation and the owner relinquishes any claim 
     associated with the vessel and permit that could qualify such 
     owner for any present or future limited access system permit 
     in the fishery for which the program is established; or
       ``(B) the holder of a permit authorizing participation in 
     the fishery, if such permit is surrendered for permanent 
     revocation, and such holder relinquishes any claim associated 
     with the permit and vessel used to harvest fishery resources 
     under the permit that could qualify such holder for any 
     present or future limited access system permit in the fishery 
     for which the program was established.
       ``(3) Participation in the program shall be voluntary, but 
     the Secretary shall ensure compliance by all who do 
     participate.
       ``(4) The Secretary shall consult, as appropriate, with 
     Councils, Federal agencies, State and regional authorities, 
     affected fishing communities, participants in the fishery, 
     conservation organizations, and other interested parties 
     throughout the development and implementation of any program 
     under this section.
       ``(c) Program Funding.--(1) The program may be funded by 
     any combination of amounts--
       ``(A) available under clause (iv) of section 2(b)(1)(A) of 
     the Act of August 11, 1939 (15 U.S.C. 713c-3(b)(1)(A); the 
     Saltonstall-Kennedy Act);
       ``(B) appropriated for the purposes of this section;
       ``(C) provided by an industry fee system established under 
     subsection (d) and in accordance with section 1111 of title 
     XI of the Merchant Marine Act, 1936; or
       ``(D) provided from any State or other public sources or 
     private or non-profit organizations.
       ``(2) All funds for the program, including any fees 
     established under subsection (d), shall be paid into the 
     fishing capacity reduction fund established under section 
     1111 of title XI of the Merchant Marine Act, 1936.
       ``(d) Industry Fee System.--(1)(A) If an industry fee 
     system is necessary to fund the program, the Secretary, at 
     the request of the appropriate Council, may conduct a 
     referendum on such system. Prior to the referendum, the 
     Secretary, in consultation with the Council, shall--
       ``(i) identify, to the extent practicable, and notify all 
     permit or vessel owners who would be affected by the program; 
     and
       ``(ii) make available to such owners information about the 
     industry fee system describing the schedule, procedures, and 
     eligibility requirements for the referendum, the proposed 
     program, and the amount and duration and any other terms and 
     conditions of the proposed fee system.
       ``(B) The industry fee system shall be considered approved 
     if the referendum votes which are cast in favor of the 
     proposed system constitute a two-thirds majority of the 
     participants voting.
       ``(2) Notwithstanding section 304(d) and consistent with an 
     approved industry fee system, the Secretary is authorized to 
     establish such a system to fund the program and repay debt 
     obligations incurred pursuant to section 1111 of title XI of 
     the Merchant Marine Act, 1936. The fees for a program 
     established under this section shall--
       ``(A) be determined by the Secretary and adjusted from time 
     to time as the Secretary considers necessary to ensure the 
     availability of sufficient funds to repay such debt 
     obligations;
       ``(B) not exceed 5 percent of the ex-vessel value of all 
     fish harvested from the fishery for which the program is 
     established;
       ``(C) be deducted by the first ex-vessel fish purchaser 
     from the proceeds otherwise payable to the seller and 
     accounted for and forwarded by such fish purchasers to the 
     Secretary in such manner as the Secretary may establish; and
       ``(D) be in effect only until such time as the debt 
     obligation has been fully paid.
       ``(e) Implementation Plan.--(1) The Secretary, in 
     consultation with the appropriate Council or State and other 
     interested parties, shall prepare and publish in the Federal 
     Register for a 60-day public comment period an implementation 
     plan, including proposed regulations, for each program. The 
     implementation plan shall--
       ``(A) define criteria for determining types and numbers of 
     vessels which are eligible for participation in the program 
     taking into account characteristics of the fishery, the 
     requirements of applicable fishery management plans, the 
     needs of fishing communities, and the need to minimize 
     program costs; and
       ``(B) establish procedures for program participation (such 
     as submission of owner bid under an auction system or fair 
     market-value assessment) including any terms and conditions 
     for participation which the Secretary deems to be reasonably 
     necessary to meet the goals of the program.
       ``(2) During the 60-day public comment period--
       ``(A) the Secretary shall conduct a public hearing in each 
     State affected by the program; and
       ``(B) the appropriate Council or State shall submit its 
     comments and recommendations, if any, regarding the plan and 
     regulations.
       ``(3) Within 45 days after the close of the public comment 
     period, the Secretary, in consultation with the appropriate 
     Council or State, shall analyze the public comment received 
     and publish in the Federal Register a final implementation 
     plan for the program and regulations for its implementation. 
     The Secretary may not adopt a final implementation plan 
     involving industry fees or debt obligation unless an industry 
     fee system has been approved by a referendum under this 
     section.''.
       (b) Study of Federal Investment.--The Secretary of Commerce 
     shall establish a task force comprised of interested parties 
     to study and report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Resources of the House of Representatives within 2 years of 
     the date of enactment of this Act on the role of the Federal 
     Government in--
       (1) subsidizing the expansion and contraction of fishing 
     capacity in fishing fleets managed under the Magnuson Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.); and

[[Page H11431]]

       (2) otherwise influencing the aggregate capital investments 
     in fisheries.
       (c) Section 2(b)(1)(A) of the Act of August 11, 1939 (15 
     U.S.C. 713c3(b)(1)(A)) is amended--
       (1) by striking ``and'' at the end of clause (ii);
       (2) by striking the period at the end of clause (iii) and 
     inserting a semicolon and the word ``and''; and
       (3) by adding at the end the following new clause:
       ``(iv) to fund the Federal share of a fishing capacity 
     reduction program established under section 312 of the 
     Magnuson Fishery Conservation and Management Act; and''.

     SEC. 117. NORTH PACIFIC AND NORTHWEST ATLANTIC OCEAN 
                   FISHERIES.

       (a) North Pacific Fisheries Conservation.--Section 313 (16 
     U.S.C. 1862) is amended--
       (1) by striking ``RESEARCH PLAN'' in the section heading 
     and inserting ``CONSERVATION'';
       (2) in subsection (a) by striking ``North Pacific Fishery 
     Management Council'' and inserting ``North Pacific Council''; 
     and
       (3) by adding at the end the following:
       ``(f) Bycatch Reduction.--In implementing section 
     303(a)(11) and this section, the North Pacific Council shall 
     submit conservation and management measures to lower, on an 
     annual basis for a period of not less than four years, the 
     total amount of economic discards occurring in the fisheries 
     under its jurisdiction.
       ``(g) Bycatch Reduction Incentives.--(1) Notwithstanding 
     section 304(d), the North Pacific Council may submit, and the 
     Secretary may approve, consistent with the provisions of this 
     Act, a system of fines in a fishery to provide incentives to 
     reduce bycatch and bycatch rates; except that such fines 
     shall not exceed $25,000 per vessel per season. Any fines 
     collected shall be deposited in the North Pacific Fishery 
     Observer Fund, and may be made available by the Secretary to 
     offset costs related to the reduction of bycatch in the 
     fishery from which such fines were derived, including 
     conservation and management measures and research, and to the 
     State of Alaska to offset costs incurred by the State in the 
     fishery from which such penalties were derived or in 
     fisheries in which the State is directly involved in 
     management or enforcement and which are directly affected by 
     the fishery from which such penalties were derived.
       ``(2)(A) Notwithstanding section 303(d), and in addition to 
     the authority provided in section 303(b)(10), the North 
     Pacific Council may submit, and the Secretary may approve, 
     conservation and management measures which provide 
     allocations of regulatory discards to individual fishing 
     vessels as an incentive to reduce per vessel bycatch and 
     bycatch rates in a fishery, provided that--
       ``(i) such allocations may not be transferred for monetary 
     consideration and are made only on an annual basis; and
       ``(ii) any such conservation and management measures will 
     meet the requirements of subsection (h) and will result in an 
     actual reduction in regulatory discards in the fishery.
       ``(B) The North Pacific Council may submit restrictions in 
     addition to the restriction imposed by clause (i) of 
     subparagraph (A) on the transferability of any such 
     allocations, and the Secretary may approve such 
     recommendation.
       ``(h) Catch Measurement.--(1) By June 1, 1997 the North 
     Pacific Council shall submit, and the Secretary may approve, 
     consistent with the other provisions of this Act, 
     conservation and management measures to ensure total catch 
     measurement in each fishery under the jurisdiction of such 
     Council. Such measures shall ensure the accurate enumeration, 
     at a minimum, of target species, economic discards, and 
     regulatory discards.
       ``(2) To the extent the measures submitted under paragraph 
     (1) do not require United States fish processors and fish 
     processing vessels (as defined in chapter 21 of title 46, 
     United States Code) to weigh fish, the North Pacific Council 
     and the Secretary shall submit a plan to the Congress by 
     January 1, 1998, to allow for weighing, including 
     recommendations to assist such processors and processing 
     vessels in acquiring necessary equipment, unless the Council 
     determines that such weighing is not necessary to meet the 
     requirements of this subsection.
       ``(i) Full Retention and Utilization.--(1) The North 
     Pacific Council shall submit to the Secretary by October 1, 
     1998 a report on the advisability of requiring the full 
     retention by fishing vessels and full utilization by United 
     States fish processors of economic discards in fisheries 
     under its jurisdiction if such economic discards, or the 
     mortality of such economic discards, cannot be avoided. The 
     report shall address the projected impacts of such 
     requirements on participants in the fishery and describe any 
     full retention and full utilization requirements that have 
     been implemented.
       ``(2) The report shall address the advisability of measures 
     to minimize processing waste, including standards setting 
     minimum percentages which must be processed for human 
     consumption. For the purpose of the report, `processing 
     waste' means that portion of any fish which is processed and 
     which could be used for human consumption or other commercial 
     use, but which is not so used.''.
       (b) Northwest Atlantic Ocean Fisheries.--Section 314 (16 
     U.S.C. 1863) is amended by striking ``1997'' in subsection 
     (a)(4) and inserting ``1999''.
               TITLE II--FISHERY MONITORING AND RESEARCH

     SEC. 201. CHANGE OF TITLE.

       The heading of title IV (16 U.S.C. 1881 et seq.) is amended 
     to read as follows:
             ``TITLE IV--FISHERY MONITORING AND RESEARCH''.

     SEC. 202. REGISTRATION AND INFORMATION MANAGEMENT.

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

     ``SEC. 401. REGISTRATION AND INFORMATION MANAGEMENT.

       ``(a) Standardized Fishing Vessel Registration and 
     Information Management System.--The Secretary shall, in 
     cooperation with the Secretary of the department in which the 
     Coast Guard is operating, the States, the Councils, and 
     Marine Fisheries Commissions, develop recommendations for 
     implementation of a standardized fishing vessel registration 
     and information management system on a regional basis. The 
     recommendations shall be developed after consultation with 
     interested governmental and nongovernmental parties and 
     shall--
       ``(1) be designed to standardize the requirements of vessel 
     registration and information collection systems required by 
     this Act, the Marine Mammal Protection Act (16 U.S.C. 1361 et 
     seq.), and any other marine resource law implemented by the 
     Secretary, and, with the permission of a State, any marine 
     resource law implemented by such State;
       ``(2) integrate information collection programs under 
     existing fishery management plans into a non-duplicative 
     information collection and management system;
       ``(3) avoid duplication of existing state, tribal, or 
     federal systems and shall utilize, to the maximum extent 
     practicable, information collected from existing systems;
       ``(4) provide for implementation of the system through 
     cooperative agreements with appropriate State, regional, or 
     tribal entities and Marine Fisheries Commissions;
       ``(5) provide for funding (subject to appropriations) to 
     assist appropriate State, regional, or tribal entities and 
     Marine Fisheries Commissions in implementation;
       ``(6) establish standardized units of measurement, 
     nomenclature, and formats for the collection and submission 
     of information;
       ``(7) minimize the paperwork required for vessels 
     registered under the system;
       ``(8) include all species of fish within the geographic 
     areas of authority of the Councils and all fishing vessels 
     including charter fishing vessels, but excluding recreational 
     fishing vessels;
       ``(9) require United States fish processors, and fish 
     dealers and other first ex-vessel purchasers of fish that are 
     subject to the proposed system, to submit information (other 
     than economic information ) which may be necessary to meet 
     the goals of the proposed system; and
       ``(10) include procedures necessary to ensure--
       ``(A) the confidentiality of information collected under 
     this section in accordance with section 402(b); and
       ``(B) the timely release or availability to the public of 
     information collected under this section consistent with 
     section 402(b).
       ``(b) Fishing Vessel Registration.--The proposed 
     registration system should, at a minimum, obtain the 
     following information for each fishing vessel--
       ``(1) the name and official number or other identification, 
     together with the name and address of the owner or operator 
     or both;
       ``(2) gross tonnage, vessel capacity, type and quantity of 
     fishing gear, mode of operation (catcher, catcher processor, 
     or other), and such other pertinent information with respect 
     to vessel characteristics as the Secretary may require; and
       ``(3) identification (by species, gear type, geographic 
     area of operations, and season) of the fisheries in which the 
     fishing vessel participates.
       ``(c) Fishery Information.--The proposed information 
     management system should, at a minimum, provide basic 
     fisheries performance information for each fishery, 
     including--
       ``(1) the number of vessels participating in the fishery 
     including charter fishing vessels;
       ``(2) the time period in which the fishery occurs;
       ``(3) the approximate geographic location or official 
     reporting area where the fishery occurs;
       ``(4) a description of fishing gear used in the fishery, 
     including the amount and type of such gear and the 
     appropriate unit of fishing effort; and
       ``(5) other information required under subsection 303(a)(5) 
     or requested by the Council under section 402 .
       ``(d) Use of Registration.--Any registration recommended 
     under this section shall not be considered a permit for the 
     purposes of this Act, and the Secretary may not propose to 
     revoke, suspend, deny, or impose any other conditions or 
     restrictions on any such registration or the use of such 
     registration under this Act.
       ``(e) Public Comment.--Within one year after the date of 
     enactment of the Sustainable Fisheries Act, the Secretary 
     shall publish in the Federal Register for a 60-day public 
     comment period a proposal that would provide for 
     implementation of a standardized fishing vessel registration 
     and information collection system that meets the requirements 
     of subsections (a) through (c). The proposal shall include--

[[Page H11432]]

       ``(1) a description of the arrangements of the Secretary 
     for consultation and cooperation with the department in which 
     the Coast Guard is operating, the States, the Councils, 
     Marine Fisheries Commissions, the fishing industry and other 
     interested parties; and
       ``(2) any proposed regulations or legislation necessary to 
     implement the proposal.
       ``(f) Congressional Transmittal.--Within 60 days after the 
     end of the comment period and after consideration of comments 
     received under subsection (e), the Secretary shall transmit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Resources of the House of 
     Representatives a recommended proposal for implementation of 
     a national fishing vessel registration system that includes--
       ``(1) any modifications made after comment and 
     consultation;
       ``(2) a proposed implementation schedule, including a 
     schedule for the proposed cooperative agreements required 
     under subsection (a)(4); and
       ``(3) recommendations for any such additional legislation 
     as the Secretary considers necessary or desirable to 
     implement the proposed system.
       ``(g) Report to Congress.--Within 15 months after the date 
     of enactment of the Sustainable Fisheries Act, the Secretary 
     shall report to Congress on the need to include recreational 
     fishing vessels into a national fishing vessel registration 
     and information collection system. In preparing its report, 
     the Secretary shall cooperate with the Secretary of the 
     department in which the Coast Guard is operating, the States, 
     the Councils, and Marine Fisheries Commissions, and consult 
     with governmental and nongovernmental parties.''.

     SEC. 203. INFORMATION COLLECTION.

       Section 402 is amended to read as follows:

     ``SEC. 402. INFORMATION COLLECTION.

       ``(a) Council Requests.--If a Council determines that 
     additional information (other than information that would 
     disclose proprietary or confidential commercial or financial 
     information regarding fishing operations or fish processing 
     operations) would be beneficial for developing, implementing, 
     or revising a fishery management plan or for determining 
     whether a fishery is in need of management, the Council may 
     request that the Secretary implement an information 
     collection program for the fishery which would provide the 
     types of information (other than information that would 
     disclose proprietary or confidential commercial or financial 
     information regarding fishing operations or fish processing 
     operations) specified by the Council. The Secretary shall 
     undertake such an information collection program if he 
     determines that the need is justified, and shall promulgate 
     regulations to implement the program within 60 days after 
     such determination is made. If the Secretary determines that 
     the need for an information collection program is not 
     justified, the Secretary shall inform the Council of the 
     reasons for such determination in writing. The determinations 
     of the Secretary under this subsection regarding a Council 
     request shall be made within a reasonable period of time 
     after receipt of that request.
       ``(b) Confidentiality of Information.--(1) Any information 
     submitted to the Secretary by any person in compliance with 
     any requirement under this Act shall be confidential and 
     shall not be disclosed, except--
       ``(A) to Federal employees and Council employees who are 
     responsible for fishery management plan development and 
     monitoring;
       ``(B) to State or Marine Fisheries Commission employees 
     pursuant to an agreement with the Secretary that prevents 
     public disclosure of the identity or business of any person;
       ``(C) when required by court order;
       ``(D) when such information is used to verify catch under 
     an individual fishing quota program;
       ``(E) that observer information collected in fisheries 
     under the authority of the North Pacific Council may be 
     released to the public as specified in a fishery management 
     plan or regulation for weekly summary bycatch information 
     identified by vessel, and for haul-specific bycatch 
     information without vessel identification; or
       ``(F) when the Secretary has obtained written authorization 
     from the person submitting such information to release such 
     information to persons for reasons not otherwise provided for 
     in this subsection, and such release does not violate other 
     requirements of this Act.
       ``(2) The Secretary shall, by regulation, prescribe such 
     procedures as may be necessary to preserve the 
     confidentiality of information submitted in compliance with 
     any requirement or regulation under this Act, except that the 
     Secretary may release or make public any such information in 
     any aggregate or summary form which does not directly or 
     indirectly disclose the identity or business of any person 
     who submits such information. Nothing in this subsection 
     shall be interpreted or construed to prevent the use for 
     conservation and management purposes by the Secretary, or 
     with the approval of the Secretary, the Council, of any 
     information submitted in compliance with any requirement or 
     regulation under this Act or the use, release, or publication 
     of bycatch information pursuant to paragraph (1)(E) .
       ``(c) Restriction on Use of Certain Information.--(1) The 
     Secretary shall promulgate regulations to restrict the use, 
     in civil enforcement or criminal proceedings under this Act, 
     the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et 
     seq.), and the Endangered Species Act (16 U.S.C. 1531 et 
     seq.), of information collected by voluntary fishery data 
     collectors, including sea samplers, while aboard any vessel 
     for conservation and management purposes if the presence of 
     such a fishery data collector aboard is not required by any 
     of such Acts or regulations thereunder.
       ``(2) The Secretary may not require the submission of a 
     federal or State income tax return or statement as a 
     prerequisite for issuance of a permit until such time as the 
     Secretary has promulgated regulations to ensure the 
     confidentiality of information contained in such return or 
     statement, to limit the information submitted to that 
     necessary to achieve a demonstrated conservation and 
     management purpose, and to provide appropriate penalties for 
     violation of such regulations.
       ``(d) Contracting Authority.--Notwithstanding any other 
     provision of law, the Secretary may provide a grant, 
     contract, or other financial assistance on a sole-source 
     basis to a State, Council, or Marine Fisheries Commission for 
     the purpose of carrying out information collection or other 
     programs if--
       ``(1) the recipient of such a grant, contract, or other 
     financial assistance is specified by statute to be, or has 
     customarily been, such State, Council, or Marine Fisheries 
     Commission; or
       ``(2) the Secretary has entered into a cooperative 
     agreement with such State, Council, or Marine Fisheries 
     Commission.
       ``(e) Resource Assessments.--(1) The Secretary may use the 
     private sector to provide vessels, equipment, and services 
     necessary to survey the fishery resources of the United 
     States when the arrangement will yield statistically reliable 
     results.
       ``(2) The Secretary, in consultation with the appropriate 
     Council and the fishing industry--
       ``(A) may structure competitive solicitations under 
     paragraph (1) so as to compensate a contractor for a fishery 
     resources survey by allowing the contractor to retain for 
     sale fish harvested during the survey voyage;
       ``(B) in the case of a survey during which the quantity or 
     quality of fish harvested is not expected to be adequately 
     compensatory, may structure those solicitations so as to 
     provide that compensation by permitting the contractor to 
     harvest on a subsequent voyage and retain for sale a portion 
     of the allowable catch of the surveyed fishery; and
       ``(C) may permit fish harvested during such survey to count 
     towards a vessel's catch history under a fishery management 
     plan if such survey was conducted in a manner that precluded 
     a vessel's participation in a fishery that counted under the 
     plan for purposes of determining catch history.
       ``(3) The Secretary shall undertake efforts to expand 
     annual fishery resource assessments in all regions of the 
     Nation.''.

     SEC. 204. OBSERVERS.

       Section 403 is amended to read as follows:

     ``SEC. 403. OBSERVERS.

       ``(a) Guidelines for Carrying Observers.--Within one year 
     after the date of enactment of the Sustainable Fisheries Act, 
     the Secretary shall promulgate regulations, after notice and 
     opportunity for public comment, for fishing vessels that 
     carry observers. The regulations shall include guidelines for 
     determining--
       ``(1) when a vessel is not required to carry an observer on 
     board because the facilities of such vessel for the 
     quartering of an observer, or for carrying out observer 
     functions, are so inadequate or unsafe that the health or 
     safety of the observer or the safe operation of the vessel 
     would be jeopardized; and
       ``(2) actions which vessel owners or operators may 
     reasonably be required to take to render such facilities 
     adequate and safe.
       ``(b) Training.--The Secretary, in cooperation with the 
     appropriate States and the National Sea Grant College 
     Program, shall--
       ``(1) establish programs to ensure that each observer 
     receives adequate training in collecting and analyzing the 
     information necessary for the conservation and management 
     purposes of the fishery to which such observer is assigned;
       ``(2) require that an observer demonstrate competence in 
     fisheries science and statistical analysis at a level 
     sufficient to enable such person to fulfill the 
     responsibilities of the position;
       ``(3) ensure that an observer has received adequate 
     training in basic vessel safety; and
       ``(4) make use of university and any appropriate private 
     nonprofit organization training facilities and resources, 
     where possible, in carrying out this subsection.
       ``(c) Observer Status.--An observer on a vessel and under 
     contract to carry out responsibilities under this Act or the 
     Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) 
     shall be deemed to be a Federal employee for the purpose of 
     compensation under the Federal Employee Compensation Act (5 
     U.S.C. 8101 et seq.).''.

     SEC. 205. FISHERIES RESEARCH.

       Section 404 is amended to read as follows:

     ``SEC. 404. FISHERIES RESEARCH.

       ``(a) In General.--The Secretary shall initiate and 
     maintain, in cooperation with the Councils, a comprehensive 
     program of fishery research to carry out and further the 
     purposes, policy, and provisions of this Act. Such program 
     shall be designed to acquire

[[Page H11433]]

     knowledge and information, including statistics, on fishery 
     conservation and management and on the economics and social 
     characteristics of the fisheries.
       ``(b) Strategic Plan.--Within one year after the date of 
     enactment of the Sustainable Fisheries Act, and at least 
     every 3 years thereafter, the Secretary shall develop and 
     publish in the Federal Register a strategic plan for 
     fisheries research for the five years immediately following 
     such publication. The plan shall--
       ``(1) identify and describe a comprehensive program with a 
     limited number of priority objectives for research in each of 
     the areas specified in subsection (c);
       ``(2) indicate goals and timetables for the program 
     described in paragraph (1);
       ``(3) provide a role for commercial fishermen in such 
     research, including involvement in field testing;
       ``(4) provide for collection and dissemination, in a timely 
     manner, of complete and accurate information concerning 
     fishing activities, catch, effort, stock assessments, and 
     other research conducted under this section; and
       ``(5) be developed in cooperation with the Councils and 
     affected States, and provide for coordination with the 
     Councils, affected States, and other research entities.
       ``(c) Areas of Research.--Areas of research are as follows:
       ``(1) Research to support fishery conservation and 
     management, including but not limited to, biological research 
     concerning the abundance and life history parameters of 
     stocks of fish, the interdependence of fisheries or stocks of 
     fish, the identification of essential fish habitat, the 
     impact of pollution on fish populations, the impact of 
     wetland and estuarine degradation, and other factors 
     affecting the abundance and availability of fish.
       ``(2) Conservation engineering research, including the 
     study of fish behavior and the development and testing of new 
     gear technology and fishing techniques to minimize bycatch 
     and any adverse effects on essential fish habitat and promote 
     efficient harvest of target species.
       ``(3) Research on the fisheries, including the social, 
     cultural, and economic relationships among fishing vessel 
     owners, crew, United States fish processors, associated 
     shoreside labor, seafood markets and fishing communities.
       ``(4) Information management research, including the 
     development of a fishery information base and an information 
     management system under section 401 that will permit the full 
     use of information in the support of effective fishery 
     conservation and management.
       ``(d) Public Notice.--In developing the plan required under 
     subsection (a), the Secretary shall consult with relevant 
     Federal, State, and international agencies, scientific and 
     technical experts, and other interested persons, public and 
     private, and shall publish a proposed plan in the Federal 
     Register for the purpose of receiving public comment on the 
     plan. The Secretary shall ensure that affected commercial 
     fishermen are actively involved in the development of the 
     portion of the plan pertaining to conservation engineering 
     research. Upon final publication in the Federal Register, the 
     plan shall be submitted by the Secretary to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Resources of the House of Representatives.''.

     SEC. 206. INCIDENTAL HARVEST RESEARCH.

       Section 405 is amended to read as follows:

     ``SEC. 405. INCIDENTAL HARVEST RESEARCH.

       ``(a) Collection of Information.--Within nine months after 
     the date of enactment of the Sustainable Fisheries Act, the 
     Secretary shall, after consultation with the Gulf Council and 
     South Atlantic Council, conclude the collection of 
     information in the program to assess the impact on fishery 
     resources of incidental harvest by the shrimp trawl fishery 
     within the authority of such Councils. Within the same time 
     period, the Secretary shall make available to the public 
     aggregated summaries of information collected prior to June 
     30, 1994 under such program.
       ``(b) Identification of Stock.--The program concluded 
     pursuant to subsection (a) shall provide for the 
     identification of stocks of fish which are subject to 
     significant incidental harvest in the course of normal shrimp 
     trawl fishing activity.
       ``(c) Collection and Assessment of Specific Stock 
     Information.--For stocks of fish identified pursuant to 
     subsection (b), with priority given to stocks which (based 
     upon the best available scientific information) are 
     considered to be overfished, the Secretary shall conduct--
       ``(1) a program to collect and evaluate information on the 
     nature and extent (including the spatial and temporal 
     distribution) of incidental mortality of such stocks as a 
     direct result of shrimp trawl fishing activities;
       ``(2) an assessment of the status and condition of such 
     stocks, including collection of information which would allow 
     the estimation of life history parameters with sufficient 
     accuracy and precision to support sound scientific evaluation 
     of the effects of various management alternatives on the 
     status of such stocks; and
       ``(3) a program of information collection and evaluation 
     for such stocks on the magnitude and distribution of fishing 
     mortality and fishing effort by sources of fishing mortality 
     other than shrimp trawl fishing activity.
       ``(d) Bycatch Reduction Program.--Not later than 12 months 
     after the enactment of the Sustainable Fisheries Act, the 
     Secretary shall, in cooperation with affected interests, and 
     based upon the best scientific information available, 
     complete a program to--
       ``(1) develop technological devices and other changes in 
     fishing operations necessary and appropriate to minimize the 
     incidental mortality of bycatch in the course of shrimp trawl 
     activity to the extent practicable, taking into account the 
     level of bycatch mortality in the fishery on November 28, 
     1990;
       ``(2) evaluate the ecological impacts and the benefits and 
     costs of such devices and changes in fishing operations; and
       ``(3) assess whether it is practicable to utilize bycatch 
     which is not avoidable.
       ``(e) Report to Congress.--The Secretary shall, within one 
     year of completing the programs required by this section, 
     submit a detailed report on the results of such programs to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Resources of the House of 
     Representatives.
       ``(f) Implementation Criteria.--To the extent practicable, 
     any conservation and management measure implemented under 
     this Act to reduce the incidental mortality of bycatch in the 
     course of shrimp trawl fishing shall be consistent with--
       ``(1) measures applicable to fishing throughout the range 
     in United States waters of the bycatch species concerned; and
       ``(2) the need to avoid any serious adverse environmental 
     impacts on such bycatch species or the ecology of the 
     affected area.''.

     SEC. 207. MISCELLANEOUS RESEARCH.

       (a) Fisheries Systems Research.--Section 406 (16 U.S.C. 
     1882) is amended to read as follows:

     ``SEC. 406. FISHERIES SYSTEMS RESEARCH.

       ``(a) Establishment of Panel.--Not later than 180 days 
     after the date of enactment of the Sustainable Fisheries Act, 
     the Secretary shall establish an advisory panel under this 
     Act to develop recommendations to expand the application of 
     ecosystem principles in fishery conservation and management 
     activities.
       ``(b) Panel Membership.--The advisory panel shall consist 
     of not more than 20 individuals and include--
       ``(1) individuals with expertise in the structures, 
     functions, and physical and biological characteristics of 
     ecosystems; and
       ``(2) representatives from the Councils, States, fishing 
     industry, conservation organizations, or others with 
     expertise in the management of marine resources.
       ``(c) Recommendations.--Prior to selecting advisory panel 
     members, the Secretary shall, with respect to panel members 
     described in subsection (b)(1), solicit recommendations from 
     the National Academy of Sciences.
       ``(d) Report.--Within 2 years after the date of enactment 
     of this Act, the Secretary shall submit to the Congress a 
     completed report of the panel established under this section, 
     which shall include--
       ``(1) an analysis of the extent to which ecosystem 
     principles are being applied in fishery conservation and 
     management activities, including research activities;
       ``(2) proposed actions by the Secretary and by the Congress 
     that should be undertaken to expand the application of 
     ecosystem principles in fishery conservation and management; 
     and
       ``(3) such other information as may be appropriate.
       ``(e) Procedural Matter.--The advisory panel established 
     under this section shall be deemed an advisory panel under 
     section 302(g).''.
       (b) Gulf of Mexico Red Snapper Research.--Title IV of the 
     Act (16 U.S.C. 1882) is amended by adding the following new 
     section:

     ``SEC. 407. GULF OF MEXICO RED SNAPPER RESEARCH.

       ``(a) Independent Peer Review.--(1) Within 30 days of the 
     date of enactment of the Sustainable Fisheries Act, the 
     Secretary shall initiate an independent peer review to 
     evaluate--
       ``(A) the accuracy and adequacy of fishery statistics used 
     by the Secretary for the red snapper fishery in the Gulf of 
     Mexico to account for all commercial, recreational, and 
     charter fishing harvests and fishing effort on the stock;
       ``(B) the appropriateness of the scientific methods, 
     information, and models used by the Secretary to assess the 
     status and trends of the Gulf of Mexico red snapper stock and 
     as the basis for the fishery management plan for the Gulf of 
     Mexico red snapper fishery;
       ``(C) the appropriateness and adequacy of the management 
     measures in the fishery management plan for red snapper in 
     the Gulf of Mexico for conserving and managing the red 
     snapper fishery under this Act; and
       ``(D) the costs and benefits of all reasonable alternatives 
     to an individual fishing quota program for the red snapper 
     fishery in the Gulf of Mexico.
       ``(2) The Secretary shall ensure that commercial, 
     recreational, and charter fishermen in the red snapper 
     fishery in the Gulf of Mexico are provided an opportunity 
     to--
       ``(A) participate in the peer review under this subsection; 
     and
       ``(B) provide information to the Secretary concerning the 
     review of fishery statistics under this subsection without 
     being subject to penalty under this Act or other applicable 
     law for any past violation of a requirement to report such 
     information to the Secretary.
       ``(3) The Secretary shall submit a detailed written report 
     on the findings of the peer review conducted under this 
     subsection to the

[[Page H11434]]

     Gulf Council no later than one year after the date of 
     enactment of the Sustainable Fisheries Act.
       ``(b) Prohibition.--In addition to the restrictions under 
     section 303(d)(1)(A), the Gulf Council may not, prior to 
     October 1, 2000, undertake or continue the preparation of any 
     fishery management plan, plan amendment or regulation under 
     this Act for the Gulf of Mexico commercial red snapper 
     fishery that creates an individual fishing quota program or 
     that authorizes the consolidation of licenses, permits, or 
     endorsements that result in different trip limits for vessels 
     in the same class.
       ``(c) Referendum.--
       ``(1) On or after October 1, 2000, the Gulf Council may 
     prepare and submit a fishery management plan, plan amendment, 
     or regulation for the Gulf of Mexico commercial red snapper 
     fishery that creates an individual fishing quota program or 
     that authorizes the consolidation of licenses, permits, or 
     endorsements that result in different trip limits for vessels 
     in the same class, only if the preparation of such plan, 
     amendment, or regulation is approved in a referendum 
     conducted under paragraph (2) and only if the submission to 
     the Secretary of such plan, amendment, or regulation is 
     approved in a subsequent referendum conducted under paragraph 
     (2).
       ``(2) The Secretary, at the request of the Gulf Council, 
     shall conduct referendums under this subsection. Only a 
     person who held an annual vessel permit with a red snapper 
     endorsement for such permit on September 1, 1996 (or any 
     person to whom such permit with such endorsement was 
     transferred after such date) and vessel captains who 
     harvested red snapper in a commercial fishery using such 
     endorsement in each red snapper fishing season occurring 
     between January 1, 1993, and such date may vote in a 
     referendum under this subsection. The referendum shall be 
     decided by a majority of the votes cast. The Secretary shall 
     develop a formula to weight votes based on the proportional 
     harvest under each such permit and endorsement and by each 
     such captain in the fishery between January 1, 1993, and 
     September 1, 1996. Prior to each referendum, the Secretary, 
     in consultation with the Council, shall--
       ``(A) identify and notify all such persons holding permits 
     with red snapper endorsements and all such vessel captains; 
     and
       ``(B) make available to all such persons and vessel 
     captains information about the schedule, procedures, and 
     eligibility requirements for the referendum and the proposed 
     individual fishing quota program.
       ``(d) Catch Limits.--Any fishery management plan, plan 
     amendment, or regulation submitted by the Gulf Council for 
     the red snapper fishery after the date of enactment of the 
     Sustainable Fisheries Act shall contain conservation and 
     management measures that--
       ``(1) establish separate quotas for recreational fishing 
     (which, for the purposes of this subsection shall include 
     charter fishing) and commercial fishing that, when reached, 
     result in a prohibition on the retention of fish caught 
     during recreational fishing and commercial fishing, 
     respectively, for the remainder of the fishing year; and
       ``(2) ensure that such quotas reflect allocations among 
     such sectors and do not reflect any harvests in excess of 
     such allocations.''.

     SEC. 208. STUDY OF CONTRIBUTION OF BYCATCH TO CHARITABLE 
                   ORGANIZATIONS.

       (a) Study.--The Secretary of Commerce shall conduct a study 
     of the contribution of bycatch to charitable organizations by 
     commercial fishermen. The study shall include determinations 
     of--
       (1) the amount of bycatch that is contributed each year to 
     charitable organizations by commercial fishermen;
       (2) the economic benefits to commercial fishermen from 
     those contributions; and
       (3) the impact on fisheries of the availability of those 
     benefits.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Commerce shall submit 
     to the Congress a report containing determinations made in 
     the study under subsection (a).
       (c) Bycatch Defined.--In this section the term ``bycatch'' 
     has the meaning given that term in section 3 of the Magnuson 
     Fishery Conservation and Management Act, as amended by 
     section 102 of this Act.

     SEC. 209. STUDY OF IDENTIFICATION METHODS FOR HARVEST STOCKS.

       (a) In General.--The Secretary of Commerce shall conduct a 
     study to determine the best possible method of identifying 
     various Atlantic and Pacific salmon and steelhead stocks in 
     the ocean at time of harvest. The study shall include an 
     assessment of--
       (1) coded wire tags;
       (2) fin clipping; and
       (3) other identification methods.
       (b) Report.--The Secretary shall report the results of the 
     study, together with any recommendations for legislation 
     deemed necessary based on the study, within 6 months after 
     the date of enactment of this Act to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Commerce, Science, and Transportation of the Senate.

     SEC. 210. REVIEW OF NORTHEAST FISHERY STOCK ASSESSMENTS.

       The National Academy of Sciences, in consultation with 
     regionally recognized fishery experts, shall conduct a peer 
     review of Canadian and United States stock assessments, 
     information collection methodologies, biological assumptions 
     and projections, and other relevant scientific information 
     used as the basis for conservation and management in the 
     Northeast multispecies fishery. The National Academy of 
     Sciences shall submit the results of such review to the 
     Congress and the Secretary of Commerce no later than March 1, 
     1997.

     SEC. 211. CLERICAL AMENDMENTS.

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

``Sec. 312. Transition to sustainable fisheries.
``Sec. 313. North Pacific fisheries conservation.
``Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program.
``TITLE IV--FISHERY MONITORING AND RESEARCH
``Sec. 401. Registration and information management.
``Sec. 402. Information collection.
``Sec. 403. Observers.
``Sec. 404. Fisheries research.
``Sec. 405. Incidental harvest research.
``Sec. 406. Fisheries systems research.
``Sec. 407. Gulf of Mexico red snapper research.''.
                     TITLE III--FISHERIES FINANCING

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Fisheries Financing Act''.

     SEC. 302. INDIVIDUAL FISHING QUOTA LOANS.

       (a) Amendment of Merchant Marine Act, 1936.--Section 1104A 
     of the Merchant Marine Act, 1936 (46 U.S.C. App. 1274) is 
     amended--
       (1) by striking ``or'' at the end of subsection (a)(5);
       (2) by striking the period at the end of subsection (a)(6) 
     and inserting a semicolon and ``or'';
       (3) by adding at the end of subsection (a) the following:
       ``(7) financing or refinancing, including, but not limited 
     to, the reimbursement of obligors for expenditures previously 
     made, for the purchase of individual fishing quotas in 
     accordance with section 303(d)(4) of the Magnuson Fishery 
     Conservation and Management Act (16 U.S.C. 1853(d)(4)).''; 
     and
       (4) by striking ``paragraph (6)'' in the last sentence of 
     subsection (a) and inserting ``paragraphs (6) and (7)''; and
       (5) by striking ``equal to'' in the third proviso of 
     subsection (b)(2) and inserting ``not to exceed''.
       (b) Prohibition.--Until October 1, 2001, no new loans may 
     be guaranteed by the Federal Government for the construction 
     of new fishing vessels if the construction will result in an 
     increased harvesting capacity within the United States 
     exclusive economic zone.

     SEC. 303. FISHERIES FINANCING AND CAPACITY REDUCTION.

       (a) Capacity Reduction and Financing Authority.--Title XI 
     of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et 
     seq.), is amended by adding at the end the following new 
     sections:
       ``Sec. 1111. (a) The Secretary is authorized to guarantee 
     the repayment of debt obligations issued by entities under 
     this section. Debt obligations to be guaranteed may be issued 
     by any entity that has been approved by the Secretary and has 
     agreed with the Secretary to such conditions as the Secretary 
     deems necessary for this section to achieve the objective of 
     the program and to protect the interest of the United States.
       ``(b) Any debt obligation guaranteed under this section 
     shall--
       ``(1) be treated in the same manner and to the same extent 
     as other obligations guaranteed under this title, except with 
     respect to provisions of this title that by their nature 
     cannot be applied to obligations guaranteed under this 
     section;
       ``(2) have the fishing fees established under the program 
     paid into a separate subaccount of the fishing capacity 
     reduction fund established under this section;
       ``(3) not exceed $100,000,000 in an unpaid principal amount 
     outstanding at any one time for a program;
       ``(4) have such maturity (not to exceed 20 years), take 
     such form, and contain such conditions as the Secretary 
     determines necessary for the program to which they relate;
       ``(5) have as the exclusive source of repayment (subject to 
     the proviso in subsection (c)(2)) and as the exclusive 
     payment security, the fishing fees established under the 
     program; and
       ``(6) at the discretion of the Secretary be issued in the 
     public market or sold to the Federal Financing Bank.
       ``(c)(1) There is established in the Treasury of the United 
     States a separate account which shall be known as the fishing 
     capacity reduction fund (referred to in this section as the 
     `fund'). Within the fund, at least one subaccount shall be 
     established for each program into which shall be paid all 
     fishing fees established under the program and other amounts 
     authorized for the program.
       ``(2) Amounts in the fund shall be available, without 
     appropriation or fiscal year limitation, to the Secretary to 
     pay the cost of the program, including payments to financial 
     institutions to pay debt obligations incurred by entities 
     under this section; provided that funds available for this 
     purpose from other amounts available for the program may also 
     be used to pay such debt obligations.
       ``(3) Sums in the fund that are not currently needed for 
     the purpose of this section shall be kept on deposit or 
     invested in obligations of the United States.

[[Page H11435]]

       ``(d) The Secretary is authorized and directed to issue 
     such regulations as the Secretary deems necessary to carry 
     out this section.
       ``(e) For the purposes of this section, the term `program' 
     means a fishing capacity reduction program established under 
     section 312 of the Magnuson Fishery Conservation and 
     Management Act.
       ``Sec. 1112. (a) Notwithstanding any other provision of 
     this title, all obligations involving any fishing vessel, 
     fishery facility, aquaculture facility, individual fishing 
     quota, or fishing capacity reduction program issued under 
     this title after the date of enactment of the Sustainable 
     Fisheries Act shall be direct loan obligations, for which the 
     Secretary shall be the obligee, rather than obligations 
     issued to obligees other than the Secretary and guaranteed by 
     the Secretary. All direct loan obligations under this section 
     shall be treated in the same manner and to the same extent as 
     obligations guaranteed under this title except with respect 
     to provisions of this title which by their nature can only be 
     applied to obligations guaranteed under this title.
       ``(b) Notwithstanding any other provisions of this title, 
     the annual rate of interest which obligors shall pay on 
     direct loan obligations under this section shall be fixed at 
     two percent of the principal amount of such obligations 
     outstanding plus such additional percent as the Secretary 
     shall be obligated to pay as the interest cost of borrowing 
     from the United States Treasury the funds with which to make 
     such direct loans.''.
           TITLE IV--MARINE FISHERY STATUTE REAUTHORIZATIONS

     SEC. 401. MARINE FISH PROGRAM AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Fisheries Information Collection and Analysis.--There 
     are authorized to be appropriated to the Secretary of 
     Commerce, to enable the National Oceanic and Atmospheric 
     Administration to carry out fisheries information and 
     analysis activities under the Fish and Wildlife Act of 1956 
     (16 U.S.C. 742a et seq.) and any other law involving those 
     activities, $51,800,000 for fiscal year 1997, and $52,345,000 
     for each of the fiscal years 1998, 1999, and 2000. Such 
     activities may include, but are not limited to, the 
     collection, analysis, and dissemination of scientific 
     information necessary for the management of living marine 
     resources and associated marine habitat.
       (b) Fisheries Conservation and Management Operations.-- 
     There are authorized to be appropriated to the Secretary of 
     Commerce, to enable the National Oceanic and Atmospheric 
     Administration to carry out activities relating to fisheries 
     conservation and management operations under the Fish and 
     Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and any other 
     law involving those activities, $29,028,000 for fiscal year 
     1997, and $29,899,000 for each of the fiscal years 1998, 
     1999, and 2000. Such activities may include, but are not 
     limited to, development, implementation, and enforcement of 
     conservation and management measures to achieve continued 
     optimum use of living marine resources, hatchery operations, 
     habitat conservation, and protected species management.
       (c) Fisheries State and Industry Cooperative Programs.--
     There are authorized to be appropriated to the Secretary of 
     Commerce, to enable the National Oceanic and Atmospheric 
     Administration to carry out State and industry cooperative 
     programs under the Fish and Wildlife Act of 1956 (16 U.S.C. 
     742a et seq.) and any other law involving those activities, 
     $27,932,000 for fiscal year 1997, and $28,226,000 for each of 
     the fiscal years 1998, 1999, and 2000. These activities 
     include, but are not limited to, ensuring the quality and 
     safety of seafood products and providing grants to States for 
     improving the management of interstate fisheries.
       (d) Authorization of Appropriations for Chesapeake Bay 
     Office.--Section 2(e) of the National Oceanic and Atmospheric 
     Administration Marine Fisheries Program Authorization Act 
     (Public Law 98-210; 97 Stat. 1409) is amended--
       (1) by striking ``1992 and 1993'' and inserting ``1997 and 
     1998'';
       (2) by striking ``establish'' and inserting ``operate'';
       (3) by striking ``306'' and inserting ``307''; and
       (4) by striking ``1991'' and inserting ``1992''.
       (e) Relation to Other Laws.--Authorizations under this 
     section shall be in addition to monies authorized under the 
     Magnuson Fishery Conservation and Management Act of 1976 (16 
     U.S.C. 1801 et seq.), the Marine Mammal Protection Act of 
     1972 (16 U.S.C. 1361 et seq.), the Endangered Species Act of 
     1973 (16 U.S.C. 3301 et seq.), the Anadromous Fish 
     Conservation Act (16 U.S.C. 757 et seq.), and the 
     Interjurisdictional Fisheries Act (16 U.S.C. 4107 et seq.).
       (f) New England Health Plan.--The Secretary of Commerce is 
     authorized to provide up to $2,000,000 from previously 
     appropriated funds to Caritas Christi for the implementation 
     of a health care plan for fishermen in New England if Caritas 
     Christi submits such plan to the Secretary no later than 
     January 1, 1997, and the Secretary, in consultation with the 
     Secretary of Health and Human Services, approves such plan.

     SEC. 402. INTERJURISDICTIONAL FISHERIES ACT AMENDMENTS.

       (a) Reauthorization.--Section 308 of the 
     Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107) is 
     amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) General Appropriations.--There are authorized to be 
     appropriated to the Department of Commerce for apportionment 
     to carry out the purposes of this title--
       ``(1) $3,400,000 for fiscal year 1996;
       ``(2) $3,900,000 for fiscal year 1997;
       ``(3) $4,400,000 for each of the fiscal years 1998, 1999, 
     and 2000.'';
       (2) by striking ``$350,000 for each of the fiscal years 
     1989, 1990, 1991, 1992, and 1993, and $600,000 for each of 
     the fiscal years 1994 and 1995,'' in subsection (c) and 
     inserting ``$700,000 for fiscal year 1997, and $750,000 for 
     each of the fiscal years 1998, 1999, and 2000,''.
       (b) New England Report.--Section 308(d) of the 
     Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(d)) 
     is amended by adding at the end the following new paragraph:
       ``(7) With respect to funds available for the New England 
     region, the Secretary shall submit to the Congress by January 
     1, 1997, with annual updates thereafter as appropriate, a 
     report on the New England fishing capacity reduction 
     initiative which provides:
       ``(A) the total number of Northeast multispecies permits in 
     each permit category and calculates the maximum potential 
     fishing capacity of vessels holding such permits based on the 
     principal gear, gross registered tonnage, engine horsepower, 
     length, age, and other relevant characteristics;
       ``(B) the total number of days at sea available to the 
     permitted Northeast multispecies fishing fleet and the total 
     days at sea weighted by the maximum potential fishing 
     capacity of the fleet;
       ``(C) an analysis of the extent to which the weighted days 
     at sea are used by the active participants in the fishery and 
     of the reduction in such days as a result of the fishing 
     capacity reduction program; and
       ``(D) an estimate of conservation benefits (such as 
     reduction in fishing mortality) directly attributable to the 
     fishing capacity reduction program.''.

     SEC. 403. ANADROMOUS FISHERIES AMENDMENTS.

       Section 4 of the Anadromous Fish Conservation Act (16 
     U.S.C. 757d) is amended to read as follows:
       ``Sec. 4. (a)(1) There are authorized to be appropriated to 
     carry out the purposes of this Act not to exceed the 
     following sums:
       ``(A) $4,000,000 for fiscal year 1997; and
       ``(B) $4,250,000 for each of fiscal years 1998, 1999, and 
     2000.
       ``(2) Sums appropriated under this subsection are 
     authorized to remain available until expended.
       ``(b) Not more than $625,000 of the funds appropriated 
     under this section in any one fiscal year shall be obligated 
     in any one State.''.

     SEC. 404. ATLANTIC COASTAL FISHERIES AMENDMENTS.

       (a) Definition.--Paragraph (1) of section 803 of the 
     Atlantic Coastal Fisheries Cooperative Management Act (16 
     U.S.C. 5102) is amended--
       (1) by inserting ``and'' after the semicolon in 
     subparagraph (A);
       (2) by striking ``States; and'' in subparagraph (B) and 
     inserting ``States.''; and
       (3) by striking subparagraph (C).
       (b) Implementation Standard for Federal Regulation.--
     Subparagraph (A) of section 804(b)(1) of such Act (16 U.S.C. 
     5103(b)(1)) is amended by striking ``necessary to support'' 
     and inserting ``compatible with''.
       (c) American Lobster Management.--Section 809 (16 U.S.C. 
     5108) and section 810 of such Act are redesignated as 
     sections 811 and 812, respectively, and the following new 
     sections are inserted at the end of section 808:

     ``SEC. 809. STATE PERMITS VALID IN CERTAIN WATERS.

       ``(a) Permits.--Notwithstanding any provision of the 
     Magnuson Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.), the Atlantic Coastal Fisheries Cooperative 
     Management Act (16 U.S.C. 5101 et seq.), or any requirement 
     of a fishery management plan or coastal fishery management 
     plan to the contrary, a person holding a valid license issued 
     by the State of Maine which lawfully permits that person to 
     engage in commercial fishing for American lobster may, with 
     the approval of the State of Maine, engage in commercial 
     fishing for American Lobster in the following areas 
     designated as federal waters, if such fishing is conducted in 
     such waters in accordance with all other applicable federal 
     and state regulations:
       ``(1) west of Monhegan Island in the area located north of 
     the line 43 deg. 42' 08" N, 69 deg. 34' 18" W and 43 deg. 42' 
     15" N, 69 deg. 19' 18" W;
       ``(2) east of Monhegan Island in the area located west of 
     the line 43 deg. 44' 00" N, 69 deg. 15' 05" W and 43 deg. 48' 
     10" N, 69 deg. 08' 01" W;
       ``(3) south of Vinalhaven in the area located west of the 
     line 43 deg. 52' 21" N, 68 deg. 39' 54" W and 43 deg. 48' 10" 
     N, 69 deg. 08' 01" W; and
       ``(4) south of Bois Bubert Island in the area located north 
     of the line 44 deg. 19' 15" N, 67 deg. 49' 30" W and 44 deg. 
     23' 45" N, 67 deg. 40' 33" W.
       ``(b) Enforcement.--The exemption from federal fishery 
     permitting requirements granted by subsection (a) may be 
     revoked or suspended by the Secretary in accordance with 
     section 308(g) of the Magnuson Fishery Conservation and 
     Management Act (16 U.S.C. 1858(g)) for violations of such Act 
     or this Act.

     ``SEC. 810. TRANSITION TO MANAGEMENT OF AMERICAN LOBSTER 
                   FISHERY BY COMMISSION.

       ``(a) Temporary Limits.--Notwithstanding any other 
     provision of this Act or of the Magnuson Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.), if no 
     regulations have been issued under section

[[Page H11436]]

     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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska [Mr. Young] and the gentleman from Massachusetts [Mr. Studds] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Alaska [Mr. Young].
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Mr. Speaker, I rise in support of House passage 
of S. 39, the Sustainable Fisheries Act.
  This legislation reauthorizes the Magnuson Fishery Conservation and 
Management Act of 1976 through fiscal year 1999. Mr. Speaker, as I am 
sure you are aware, the Magnuson Act was enacted in 1976 in direct 
response to the depletion of U.S. fishery resources by foreign vessels. 
The Magnuson Act expanded U.S. jurisdiction over fishery resources to 
200 miles. The act also included provisions intended to encourage the 
development of a domestic fishing industry.
  The Magnuson Act created eight regional fishery management councils 
to manage the fishery resources within their geographic area. This 
means the councils were charged with determining the appropriate level 
of harvest to maximize the benefit to the Nation, while still 
protecting the long-term sustainability of the stocks.
  These councils are in the difficult position of balancing the often 
competing interests of commercial and recreational fishermen, and the 
often competing gear groups within the commercial industry.
  It is important to note that this legislation maintains and supports 
the current regional fishery management councils system. This 
legislation does include some reforms of the council process and 
requires new disclosure rules to deal with the perception of conflict 
of interest on the councils.
  Mr. Speaker, the House passed H.R. 39, the Fishery Conservation and 
Management Amendments of 1995, on October 18, 1995, by a vote of 388 to 
37. I appreciate all of the hard work that members of the Resources 
Committee put into H.R. 39, and I especially appreciate the bipartisan 
nature of the entire process. I want to thank Mr. Miller, the ranking 
member of the full committee, Mr. Studds, the ranking subcommittee 
member, and Mr. Saxton, the subcommittee chairman for their dedication 
to creating a very good bill.
  Mr. Speaker, while S. 39 is similar to H.R. 39, in my opinion the 
House-passed bill is a much stronger bill. However, in the waning days 
of this Congress, we are in a position of accepting a weaker bill or 
accomplishing nothing for fisheries conservation and management.
  As Members are aware, the other body was negotiating the package 
until S. 39 was actually taken up on the Senate Floor. Because of the 
constant negotiations, the authors of the bill in the other body may 
have left a number of provisions unclear. I want to take this 
opportunity to clarify in legislative history the intent of several 
provisions in the bill. I have attached these clarifications to my 
statement.
  Mr. Speaker, while I would prefer having more time to conference with 
the Senate on a number of provisions in this legislation, this appears 
to be the best deal we can get under the circumstances. Having said 
that, I would like to highlight a number of the major themes of H.R. 39 
also contained in S. 39, including: Provisions for the reduction of 
bycatch; for the identification and prevention of overfishing; for the 
protection of habitat necessary for the continued reproduction and 
long-term health of important commercial and recreational fisheries; 
and buyout provisions to reduce the harvesting capacity in overfished 
fisheries.

  Mr. Speaker, this legislation does a number of important things to 
better fisheries management in the Federal Exclusive Economic Zone 
[EEZ].
  First, the bill recognizes that bycatch is one of the most pressing 
problems facing the continuation of sustainable fisheries, and one of 
the most crucial challenges facing fisheries managers today. In 1993, 
in the North Pacific alone, more than 740 million pounds of fish were 
discarded. This is clearly unacceptable.
  This legislation creates a new national standard that requires all 
fishery management plans and regulations to include conservation and 
management measures to minimize bycatch to the extent practicable. In 
the event that bycatch cannot be avoided, plans and regulations should 
include efforts to minimize the mortality of bycatch to the extent 
practicable. While these provisions are not as strong as those in the 
House-passed bill, this is still a major step forward.
  The legislation also creates a new system for the identification and 
prevention of overfished fisheries. It is crucial that the management 
agencies within the Federal Government be pro-active in protecting 
fisheries rather than attempting to address overfished stocks after 
they are in a crisis situation. This legislation requires that the 
Secretary report annually on the status of fisheries and identify any 
fisheries which are over fished or approaching an overfished condition. 
The Regional Councils are then required to take steps to address any 
overfished fishery and include measures for rebuilding the overfished 
stocks.
  Mr. Speaker, these are just a few of the main provisions of S. 39 
which will

[[Page H11437]]

help to maintain a viable fishing industry through sustainable fishing 
measures. While not as strong as H.R. 39, this bill is a step in the 
right direction for sound fishery conservation and management.
  Mr. Speaker, I have been approached by a number of Members who 
support passage of this legislation, but share my concern about 
specific provisions which may need to be modified next year. Despite 
the number of misgivings I have about this bill, in my opinion, this 
bill is better than the alternative--no bill at all. A number of 
Members of the other body have threatened to kill this bill if the 
House makes any changes. I regret that they have taken that position 
and regret that the House is in a position of having to accept a bill 
which is not as good as the House-passed bill.
  Mr. Speaker, while I support passage of this legislation and urge all 
Members to do so, I also realize there may be some problems with the 
legislation which will need to be addressed in the next Congress. I am 
committed to working with Members next year to address outstanding 
concerns.
  If we had a few weeks or months left in this Congress, I would urge 
all Members to join me in sending the Senate a better bill than the one 
they have sent us. Unfortunately, we do not have that luxury.
  While most of the affected industry groups and the environmental 
community would like to see some minor modifications to this bill, a 
reluctant groundswell has urged the House to accept this legislation 
rather than lose all that we have worked so hard for.
  I urge all Members to support passage of S. 39 and send this 
important piece fishery management and conservation legislation to the 
President for his signature.
  Mr. Speaker, in their efforts to achieve consensus on S. 39, the 
authors of the bill in the other body accidentally left unclear some of 
the provisions in the bill. In order to avoid confusion on the part of 
those affected by these provisions--including the National Marine 
Fisheries Service, the regional councils, and the seafood industry--I 
will take this opportunity to clarify in legislative history the intent 
of these parts of the bill.
  Section 105(d) of S. 39 amends section 204 of the act in a manner 
similar to the House-passed bill by allowing permits to be issued for 
transshipment of fish. The Senate added a requirement that permit 
applications be forwarded to affected States and that the Secretary 
consult with the appropriate Marine Fisheries Commission. Since the 
Marine Fisheries Commissions are composed of individual States, it is 
obvious that the consultation requirement was meant to extend to any 
individual affected State that received a copy of the permit. Although 
this is inferred, rather than written directly, it is the intent of 
this provision that States, as well as commissions and councils, be 
consulted.
  Section 106 of S. 39 establishes a new national standard regarding 
bycatch which is similar to the new national standard established in 
the House-passed bill. The application of this new standard is expanded 
in section 108(a)(7) of S. 39, which describes new required provisions 
for fishery management plans. Both the standard and the required 
provision make clear that bycatch be avoided where practicable, and the 
mortality of unavoidable bycatch be minimized where practicable. The 
use of the term ``to the extent practicable'' was chosen deliberately 
by both the Senate and the House. Both bodies recognize that bycatch 
can occur in any fishery, and that complete avoidance of mortality is 
impossible. Councils should make reasonable efforts in their management 
plans to prevent bycatch and minimize its mortality. However, it is not 
the intent of the Congress that the councils ban a type of fishing gear 
or a type of fishing in order to comply with this standard. 
``Practicable'' requires an analysis of the cost of imposing a 
management action; the Congress does not intend that this provision 
will be used to allocate among fishing gear groups, nor to impose costs 
on fishermen and processors that cannot be reasonably met.
  Section 107 of S. 39 adds an additional seat on the Pacific Fishery 
Management Council that is to be filled by a member of an Indian tribe 
with Federally recognized fishing rights. The Senate neglected to 
define this term, believing that its meaning is obvious. Unfortunately, 
a recent court ruling in U.S. District Court in the Western District of 
Washington regarding a subproceeding of United States versus 
Washington, which is under appeal, has clouded the previously clear 
meaning of this term as upheld by the Supreme Court. In order to avoid 
confusion in the definition of a term that has been clear for nearly 20 
years, I want to make clear that is the intent of the Congress that the 
term ``Federally recognized fishing rights'' as used in regard to the 
Magnuson Fishery Conservation and Management Act, means a treaty 
fishing right that has been finally approved by the courts under the 
process defined in section 19(g) of the final court order under United 
States versus Washington, and the approval is not subject to further 
appeal.
  Section 107(h) of S. 39 amends section 302(I) of the Magnuson Fishery 
Conservation and Management Act by providing additional procedures for 
the operation of Regional Fishery Management Councils. Specifically, it 
requires individuals testifying before, or providing information to, a 
Council to disclose their background and interest in the matter at 
hand. This provision was included in the House passed bill. The Senate 
added an additional sentence to make sure that valid data is provided 
to the councils. Unfortunately, this sentence could be interpreted as 
precluding a fisherman, processor, or member of the public from 
providing information based on their own experiences. Clearly, this was 
not the intent of the authors of the bill. The council system was 
established specifically to allow public input into the fisheries 
management process. It is clearly the intent of the Congress that this 
provision is not meant to require a fisherman, processor, or member of 
the public to fully document every statement made in a letter to a 
council by providing fish tickets, landing receipts, processing 
records, or similar information.

  Section 109(3)(6) of S. 39 amends section 304(c)(3) of the Magnuson 
Fishery Conservation and Management Act regarding the authority of the 
Secretary to propose a limited entry system under a fishery management 
plan or amendment prepared by the Secretary. The amendment is purely 
technical in nature and is not intended to modify the requirement that 
the Secretary obtain approval of a council before a limited entry 
system is put in place. In other words, the Secretary has no authority 
to prepare a plan for a fishery managed by a State or a Marine Fishery 
Commission and include a limited entry system in the plan without 
obtaining approval of the council within whose area of jurisdiction 
that fishery exists.
  Section 109(e) of S. 39 includes new provisions regarding overfishing 
and rebuilding overfished stocks that are essentially the same as those 
included in the House passed bill. Both the House and the Senate noted 
that exceptions could be made to the time required for rebuilding. 
While the House was more specific in its list of exceptions, the Senate 
incorporated all of the House exceptions under the phrase ``other 
environmental conditions.'' It is the intent of this section that the 
phrase ``other environmental conditions'' includes factors beyond the 
control of the rebuilding program.
  The rebuilding provisions of section 109(e) also require the 
Secretary to prepare a plan or plan amendment if the council takes no 
action within 1 year. The Senate language as drafted is unclear on the 
time frame for Secretarial action. The intent of the Senate provision 
is that the Secretary take action within 9 months of the end of the 
period provided for council action.
  Section 110(d) of S. 39 amends section 305 of the Magnuson Fishery 
Conservation and Management Act by adding a new subsection (h) 
providing for a limited entry permit lien registry system. While 
establishment of the lien registry system by the Secretary is 
mandatory, participation in the system by limited access permit holders 
is not. It is the intent of the Congress that any permit holder 
registering a permit with the system comply with the requirements of 
this section, including paying any applicable fees. However, it is not 
the intent of the Congress that all permit holders register with the 
system; this is a discretionary action that each permit holder must 
decide to take after weighing the costs and benefits of participating 
in the system.
  Section 111(a) of S. 39 amends section 305 of the Magnuson Act by 
adding a new subsection to require the North Pacific Fishery Management 
Council and the Secretary of Commerce to consolidate the western Alaska 
community development quota programs that the council and the Secretary 
presently are implementing. Of co-equal importance, subsection 
(i)(1)(A) also requires the council and the Secretary to allocate to 
the single program a percentage of the total allowable catch--and with 
respect to crab fisheries a percentage of the guideline harvest level--
of each Bering Sea fishery.
  I am pleased that in drafting subsection 305(i)(1)(A) and (B) the 
Senate incorporated the text of paragraphs (1) and (2) of the amendment 
to section 313 of the Magnuson Act that is contained in section 14 of 
H.R. 39.
  In that regard, when the western Alaska community development quota 
program was considered by the Resources Committee, I and other members 
of the committee gave serious consideration to including a provision 
which would have mandated the North Pacific

[[Page H11438]]

Fishery Management Council and the Secretary to annually allocate 
specific percentages of the total allowable catches and guideline 
harvest levels of each Bering Sea fishery to the western Alaska 
community development quota program, so that the percentages allocated 
are large enough to enable participating communities and organizations 
to accomplish the economic, social, developmental, and other objectives 
that implementation of the program is intended to achieve.
  However, we did not do so. Instead, H.R. 39 assigned the council and 
the Secretary the important task of deciding the percentage of the 
total allowable catch and guideline harvest level of each Bering Sea 
fishery that should be allocated to the western Alaska community 
development quota program. However, in recommending section 14 of H.R. 
39 to the House, it was the intent of the Resources Committee--and by 
accepting the text of that portion of H.R. 39 it is the intent of the 
Senate--that, with respect to each Bering Sea fishery, the percentage 
allocated by the council and the Secretary shall be large enough to 
enable communities participating in the program to accomplish the 
program's objectives, and particularly the objective of establishing a 
sustainable local economy in each participating community.
  It is of particular importance to note that the North Pacific Fishery 
Management Council previously has allocated a least 7.5 percent of the 
total allowable catches and guideline harvest levels of Bering Sea 
pollock, sablefish, other groundfish species, halibut, and all crab 
species to the three community development quota programs.
  It is important to note the reason the House and Senate versions of 
the Sustainable Fisheries Act both mandate the establishment and 
implementation of the western Alaska community development quota 
program. In 1976 Congress, speaking through section 301(a)(4)(A) of the 
Magnuson Act, established as the policy of the Nation the regulatory 
principle that fishery management councils and the Secretary shall 
allocate commercial fishing privileges in the exclusive economic zone 
among U.S. fishermen in a manner that is fair and equitable to all such 
fishermen.
  Unfortunately, throughout the 1980's the North Pacific Fishery 
Management Council and the Secretary's regulation of commercial fishing 
in the Alaska portion of the EEZ did not allocate fishing privileges in 
a manner that was fair and equitable to the Eskimo and Aleut fishermen 
who live in 55 Native villages located from the northern coast of the 
Aleutian Islands north along the coast of western Alaska to the Seward 
Peninsula, as well as on the Pribilof Islands. To alleviate that 
regulatory omission, in 1991 the North Pacific Fishery Management 
Council established a western Alaska community development quota 
program for pullock, after which it established a second program for 
halibut and sablefish, and in June 1995 recommended to the Secretary 
the establishment of a third program for all other Bering Sea 
groundfish species, as well as all Bering Sea crab species.

  When S. 39 was debated on the Senate floor Senator Inouye, the former 
chairman of the Committee on Indian Affairs and one of the Nation's 
steadfast champions of Alaska Native and other Native American rights, 
explained to the Senate the history of the western Alaska community 
development quota program and the important objectives the Senate 
intends implementation of the program to achieve. I would like to 
associate myself with the remarks of Senator Inouye. I also would like 
to associate myself with the remarks of Senator Ted Stevens, Alaska's 
senior Senator and the sponsor both of S. 39 and of the amendment in 
the nature of a substitute that the Senate adopted. As Senator Stevens 
rightly reminded the Senate, the intended beneficiaries of the western 
Alaska community development quota program are Native Americans for 
whose economic and social well-being Congress, the Secretary of 
Commerce has a well-recognized fiduciary responsibility. As Senator 
Stevens explained:

       The community development quotas are based in part on the 
     authority of Congress to regulate the commerce of the Indian 
     tribes. The communities of the west coast of Alaska are 
     predominately Alaska Native people. They were there and 
     fishing a long time before anyone else came on the fishing 
     scene. As a matter of fact, there were no factory trawlers 
     off Alaska from the State of Washington until about 9 years 
     ago. . . . We are allocating a portion of the fisheries to 
     the communities involved that are historic Native communities 
     along our coast.

  In addition to directing the House's attention to the history and 
policy objectives of the western Alaska community development quota 
programs that the enactment of S. 39 will consolidate, I also would 
like to explain the manner in which the new subsection 305(i)(1) is 
intended to affect the North Pacific Fishery Management Council and the 
Secretary of Commerce's implementation of the program.
  Subsection (i)(1)(C) prohibits the North Pacific Fishery Management 
Council between the date of enactment of the Sustainable Fisheries Act 
and October 1, 2001, submitting to the Secretary a fishery management 
plan for a Bering Sea fishery, or an amendment to a fishery management 
plan for a Bering Sea fishery, or a regulation whose promulgation will 
implement a plan or an amendment if the Secretary's approval of the 
plan or plan amendment or promulgation of the regulation will allocate 
a percentage of the total allowable catch or guideline harvest level of 
a Bering Sea fishery to the western Alaska community development quota 
program. However, the aforementioned prohibition does not apply to the 
submission of a plan or plan amendment or regulation whose approval or 
promulgation will allocate a percentage of the total allowable catch or 
guideline harvest level of a Bering Sea fishery for which prior to 
October 1, 1995 the Council approved the allocation of a percentage of 
the catch or guideline harvest level to a western Alaska community 
development quota program. Bering Sea fisheries not subject to the 
aforementioned prohibition include the pollock, halibut, sablefish, 
crab, and other groundfish fisheries.
  It also is the intent of subsection (i)(1)(C) that the expiration in 
1998 of the amendment to the Bering Sea and Aleutian Islands Area 
groundfish fishery management plan that made the initial allocation of 
pollock to a western Alaska community development quota program not 
subject pollock to the prohibition on Council authority that 
subparagraph (C) imposes.
  Subparagraph (C) also prohibits the Council from submitting and 
prohibits the Secretary from approving and implementing between the 
date of enactment of the Sustainable Fisheries Act and October 1, 2001, 
a fishery management plan or an amendment to a fishery management plan 
that allocates a percentage of the total allowable catch or guideline 
harvest level of a Bering Sea fishery to the western Alaska community 
development quota program that is greater than the percentage of the 
catch or guideline harvest level that the Council approved for 
allocation to a western Alaska community development quota program 
prior to October 1, 1995. For example, prior to October 1, 2001, no 
more than 7.5 percent of the total allowable catches and guideline 
harvest levels of Bering Sea pollock and of each Bering Sea crab 
species may be allocated to the program.
  In June 1995 the North Pacific Management Council recommended to the 
Secretary that he approve and implement the allocation of 7.5 percent 
of the guideline harvest levels of each Bering Sea crab species and 7.5 
percent of the total allowable catch of each Bering Sea groundfish 
species--other than pollock and sablefish--to a western Alaska 
community development quota program for those species. Rather than 
approving and implementing the immediate allocation of 7.5 percent for 
Bering Sea crab species, subsection (i)(1)(C)(iii) requires the 
Secretary to phase in his implementation of the Council's 
recommendation for crab species by in 1998 allocating to the western 
Alaska community development quota program 3.5 percent of the guideline 
harvest level of each crab species, by in 1999 allocating 5 percent of 
the guideline harvest level of each crab species to the program, and by 
in 2000 allocating 7.5 percent of the guideline harvest level of each 
crab species to the program, after which without further action by 
either the Council or the Secretary 7.5 percent of the guideline 
harvest level of each crab species will each year be allocated to the 
program unless in 2001, the Council submits and the Secretary approves 
and implements a percentage for a particular crab species that is less 
than 7.5 percent, or unless during a year subsequent to October 1, 
2001, the Council submits and the Secretary approves and implements a 
percentage for a particular crab species that is a percentage that is 
either less than or more than 7.5 percent.
  Finally, subsection (i)(1)(D) eliminates the necessity for the North 
Pacific Fishery Management Council and the Secretary to implement 
subsection (i)(1)(A) by the Council resubmitting or the Secretary 
reapproving a fishery management plan or an amendment to a plan that 
contains an allocation of the total allowable catch or guideline 
harvest level of a Bering Sea fishery to the western Alaska community 
development quota program, if the plan or amendment in which the 
allocation is contained was approved by the Council prior to October 1, 
1995. For example, as a consequence of subparagraph (D), the Council is 
not required to resubmit to the Secretary the plan amendment it 
approved in June 1995 in order for the Secretary to implement the phase 
in of the percentage allocation of the guideline harvest level for 
Bering Sea crab species established by subparagraph (C)(iii). 
Similarly, in 1998 and during each year thereafter the Secretary shall 
continue to allocate 7.5 percent of the total allowable catch of Bering 
Sea pollock to the western Alaska community development quota program 
notwithstanding the expiration of the plan amendment in which the 
allocation initially was made, unless prior to October 1, 2001, the 
council submits and the Secretary approves and implements an amendment 
to the Bering Sea and Aleutian

[[Page H11439]]

Islands area groundfish fishery management plan that allocates a 
percentage that is less than 7.5 percent, or unless subsequent to 
October 1, 2001, the council submits and the Secretary approves and 
implements an amendment to such plan that allocates a percentage that 
is either less than or more than 7.5 percent.

  The enactment of section 111(a) of S. 39 will provide the North 
Pacific Fishery Management Council and the Secretary of Commerce the 
statutory tools required to improve the efficiency of their 
implementation of the western Alaska community development quota 
program. And the enactment of section 111(a) will codify Congress 
strong support for the council and the Secretary's innovative effort to 
provide fishermen and other residents of Native villages on the coast 
of the Bering Sea a fair and equitable opportunity to participate in 
Bering Sea fisheries that prior to the creation of the western Alaska 
community development quota program was long overdue.
  Section 112(d) of S. 39 provides interim authority for limited State 
management of the Dungeness crab fishery in the exclusive economic zone 
adjacent to the States of Washington, Oregon, and California. This 
authority is provided only to ensure conservation of the crab resource 
outside of State waters; it is not intended to provide allocation 
authority to the States, nor to have an allocative effect on vessels 
based on size or State of registry. This is underscored by the 
provisions of section 112(d)(3), that make clear that State limited 
entry programs cannot be enforced against vessels of another State when 
those vessels are operating in the exclusive economic zone.
  Section 112(d)(2) also specifically limits the type of State 
authority allowed, providing the States only with authority that is 
generally agreed to now on a voluntary basis. This includes 
conservation-based rules on season opening and closing dates, minimum 
crab sizes, and requirements to release female crabs. This section also 
allows the State of Washington to impose area closures and limits on 
the number of pots that can be fished, but only if these are necessary 
to meet the requirements of a court-imposed mandate. It is not the 
intent that this gives the State of Washington authority to impose 
allocative regulations such as a ban on the practice of ``longlining'' 
pots--that is, fishing with pots that are connected to each other by a 
line. A ban on longlining would constitute an impermissible allocation 
regulation not required by the courts and is not allowed under the 
provisions of this section.
  Finally, the Congress strongly encourages the Pacific Fishery 
Management Council to develop a fishery management plan for the 
Dungeness crab fishery, in order to avoid future allocation fights of 
this nature.
  Section 113(c) establishes a new prohibited action that is punishable 
as a criminal offense. Again, the Senate language is vague on its face 
and requires clarification. The use of the adverb ``forcibly'' in the 
beginning of the new subparagraph added by this amendment should be 
construed to apply to all physical actions listed in the subparagraph, 
including assaulting, resisting, opposing, impeding, intimidating, 
sexually harassing, and interfering. Since forcible bribery cannot 
occur, the adverb is to be read as modifying only the other verbs in 
this subparagraph.
  Section 116(a) of S. 39 establishes a mechanism for an industry-
funded buyback program. Among other provisions, this section requires 
industry contributions--if required--to be deducted by the first ex-
vessel fish purchaser. This requirement could impose an unwarranted 
burden on a seafood processor who stands to receive no benefit from a 
buyback program. The intent of the Congress is that a deduction system 
be designed that imposes no unnecessary paperwork or financial burden 
on the fish purchaser collecting the deductions.
  Section 203 of S. 39 modifies existing data collection requirements 
and establishes a new data collection program. It should be noted 
that--as a new provision of law--this section takes precedence over 
prior enacted law. The Office of Management and Budget has from time to 
time imposed rules interpreting the Paperwork Reduction Act to apply to 
collection of social, economic, and scientific data under the Magnuson 
Fishery Conservation and Management Act. Notwithstanding the goals of 
the Paperwork Reduction Act, these interpretations have resulted in an 
increased burden for data collectors and data providers alike. It is 
clearly the intent of Congress that the data collection provisions 
enacted in this bill are not to be interpreted as requiring Paperwork 
Reduction Act review or agency approval under that Act.

                              {time}  1045

  Mr. SAXTON. Mr. Speaker, will the gentleman yield?
  Mr. YOUNG of Alaska. I yield to the gentleman from New Jersey.
  Mr. SAXTON. Mr. Speaker, I will ask the chairman of the committee to 
engage in a colloquy regarding the definition of the term 
``recreational fishery'' in the Senate bill.
  Mr. Speaker, the Senate bill appears to define recreational fishing, 
at least it appears to define it to some people, as fishing for sport 
or pleasure, but makes no mention of fishing for personal consumption.
  My understanding of the definition is that it is not in any way 
intended to preclude a recreational angler from consuming the fish 
which he or she catches.
  Mr. YOUNG of Alaska. Mr. Speaker, the gentleman from New Jersey [Mr. 
Saxton], is right. He has brought this to my attention. The definition 
in no way denies the recreational fishermen the pleasure of eating 
their catch, as long as the fish was caught during the appropriate 
season and met any State or Federal regulations, including size 
restriction, and other appropriate landing laws.
  My staff has contacted the National Marine Fisheries Service and 
their interpretation is the same as mine and the same as the 
gentleman's, that this definition does not preclude the recreational 
fisherman from consuming his or her catch if it meets the appropriate 
State and Federal rules.
  Mr. SAXTON. Mr. Speaker, it is my intention to introduce legislation 
in the coming Congress to clarify that recreational fishing indeed does 
include harvesting fish for personal consumption.
  I thank the chairman for his leadership, and I look forward to 
working to remedy this deficiency.
  Mr. YOUNG of Alaska. Mr. Speaker, again I want to thank the gentleman 
from New Jersey [Mr. Saxton].
  It is funny how these things happen, if the gentleman will just bear 
with me. It was never the intent, we never thought it was interpreted 
that way, that the guy who catches the fish cannot eat them. That would 
not affect me because I do not catch a whole lot, but I would suggest 
respectfully that is not the intention.
  Mr. SAXTON. Mr. Speaker, with that understanding, I rise in support 
of House passage of S. 39, the Sustainable Fisheries Act.
  The House passed H.R. 39, the Fisheries Conservation and Management 
Amendments of 1995 by a vote of 388 to 37 almost a full year ago. We in 
the House worked in a bipartisan fashion to craft a strong conservation 
measure that was fair and equitable to all fishing sectors.
  Mr. Speaker, the chairman of the committee, along with the gentleman 
from California [Mr. Miller], and the gentleman from Massachusetts [Mr. 
Studds], and I know that fish do not respect the artificial boundaries 
imposed upon them, nor do they care which party is in power.
  All fisheries measures are by definition bipartisan, which is one of 
the reasons it is such a pleasure to chair the Subcommittee on 
Fisheries, Wildlife and Oceans of the Committee on Resources. I thank 
each of my colleagues for taking into consideration the unique needs of 
the mid-Atlantic fishermen throughout the negotiations on H.R. 39.
  It was a great bill, and I cannot pretend to be as pleased about the 
passage of S. 39 as I was our bill. I firmly believe the House bill was 
far stronger and more comprehensive and made far more sense than the 
bill we are currently passing. So I concur with Chairman Young that it 
is necessary to accept the hastily assembled Senate bill, because a 
weaker bill that does provide some new fisheries and conservation and 
management guidance is better than nothing at all. However, I intend to 
work closely with the chairman in the coming Congress to fix the 
deficiencies in this bill.
  Having said that, I request that all Members vote ``aye'' today.
  Mr. STUDDS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise with mixed emotions to support the passage of 
this bill. The Magnuson Act was the first substantive piece of 
legislation I coauthored when I came to Congress in 1973, the same year 
the gentleman from Alaska came. So it is somewhat fitting that it will 
also be one of the last bills in my career here.
  Mr. Speaker, the original Magnuson Act took 4 years of effort and 
negotiations, but finally, in 1976, H.R. 200 became law. At the time, 
the gentleman may recall, and those who are old enough to remember, it 
was intended to be an interim measure that would

[[Page H11440]]

stay in place until the Law of the Sea was ratified. Instead, it has 
become the cornerstone of fisheries management in the United States.
  A year ago when the House began consideration to reauthorize the act, 
it was clear very major changes were needed. Despite numerous efforts 
to improve the law over the past two decades, the sad reality is that 
the act did not prevent the current crisis in New England groundfish 
stocks, a crisis for the conservation of both fish stocks and fishing 
families.
  Working together last year with the gentleman from Alaska [Mr. 
Young], and the gentleman from California, [Mr. Miller], and others, we 
passed a strong bipartisan bill that addressed problems of overfishing, 
of bycatch, and of habitat degradation that faced fishermen in New 
England and around the country. It had the support of the environmental 
community and much of the industry.
  Now, a year later, and in the last waning hours of this Congress, our 
colleagues in the Senate instead have sent back to us a bill that also 
contains provisions that I find, some of them, of serious concern. The 
bill before us today would, for instance, authorize the Secretary to 
buy back fishing permits; allow nations in violation of the 
International Whaling Commission to fish in some U.S. waters; and make 
possible the future giveaway of Individual Transferable Quotas, so-
called ITQ's, at public expense.
  Regretfully, we will not be given the chance to correct these flaws, 
and we are obliged to choose, as has been said moments ago, between 
this bill and no bill at all. While I do not believe it had to be this 
way, that we could have been given the opportunity to resolve 
differences and issues of concern to our constituents, I will support 
S. 39 at this time.
  Despite these shortcomings, the bill also includes many long overdue 
conservation measures critical for fish and fishermen. Most 
significantly, it will finally require the Council and the Secretary to 
maintain fishing at biologically sustainable levels. In addition, they 
will be required to rebuild fisheries which have collapsed, and to take 
new steps to protect fisheries habitat.
  As was the case in 1976, when foreign vessels were plying our shores 
and we passed the first act, the fisheries from Maine to Alaska need 
these new protections and they need them now. The crisis in New 
England, unfortunately, clearly demonstrates that.
  Finally, on a personal note, I would like to add that I have had no 
greater privilege over the past 24 years than representing the 
hardworking fishing families of southeastern Massachusetts. In 1921 in 
his Maritime History of Massachusetts, Samuel Elliott Morrison admired 
our fisherman as ``a tough but nervous, tenacious but restless race * * 
*  eternally torn between a passion for righteousness and a desire to 
get on in the world.''
  It was with deep respect for fishermen across America, from New 
England to the gulf and north Pacific, that I coauthored the first 
Magnuson Act in 1973. It is for those fishermen that I support this 
bill today.
  May I also add, Mr. Speaker, that there seems to be an impression in 
the other body that, notwithstanding article I of the Constitution, we 
have a unicameral legislature around here. The gentleman from Alaska 
will recall that time and time again, as we have shared leadership on 
the previous Committee on Merchant Marine and Fisheries, and in the 
current Congress, we have done our work in diligent fashion, had 
hearings, markups, debates on the floor, amended bills, considered 
bills, sent them to the Senate where they resided for a year, and they 
would come back here in the waning hours of a Congress, essentially 
labeled take it or leave it, so we are forced again and again to deal 
with a product that is solely the product of the other body, and does 
not reflect the very good, very conscientious, very nonpartisan, and 
serious work of this committee and this Congress.
  It ought not to be that way. That flies in the face of the clear 
constitutional intent for a bicameral legislature. I salute the 
gentleman from Alaska and the gentleman from New Jersey for pointing 
that out as clearly as they have.
  Finally, Mr. Speaker, I would like to pay my personal respects to the 
gentleman from Alaska, with whom I have served for more years than 
either he or I would like to acknowledge. His beard was of a different 
hue when we first got here. In fact, I do not think he had a beard when 
we first got here. Actually, we will not discuss hair any longer, it is 
a very sensitive topic.
  I want to say to the gentleman, I had thought that he would choose 
this opportunity to move to send this bill back to the Senate with an 
amendment renaming the act, something we have discussed many years, 
many years, but it seems to me only fitting that at this time in my 
career, and relatively late in the gentleman's career, that at long 
last we should have at least one fishery statute named the Young-Studds 
Act. So I hope the gentleman will take advantage of that opportunity.
  Mr. Speaker, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, may I suggest respectfully, I have great respect for the 
gentleman from Massachusetts [Mr. Studds], and his efforts in the 
fisheries field. As many times as he has mentioned the subject, I think 
this bill will probably get that name through attrition more than 
anything else.
  But I will say again that the gentleman from Massachusetts, it may be 
the last time he works on this floor on this type of legislation, and 
that I do thank him for his love for the sea and the fishermen he has 
served with, and the sense that he and I had a great deal in common 
with regard to the oceans. I believe we have worked well.
  I cannot agree with him more about the actions of the Senate. I will 
defend my senior Senator. We worked on the bill, and of course they 
were threatened with, you know, holds and blocks, et cetera. This is 
not what I would have liked to have done, but it is the best thing we 
can do for our oceans today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STUDDS. Mr. Speaker, I yield 5 minutes to the gentleman from 
California [Mr. Miller], the distinguished ranking member of the 
committee.
  (Mr. MILLER of California asked and was given permission to revise 
and extend his remarks.)
  Mr. MILLER of California. Mr. Speaker, I reluctantly oppose the 
passage of S. 39, the Sustainable Fisheries Act.
  Like many other Members of the House, I had hoped to be able to give 
this bill my unqualified support, or to amend it in the same bipartisan 
spirit with which we initially passed our bill in the House, and send 
it back to the other body. The process by which this product arrives on 
the floor today, however, has not allowed the Members of the House, who 
passed a different--and stronger--bill to play any significant role in 
the formulation of the bill now before us.
  As most Members are aware, the chairman of the Resources Committee 
and I rarely see eye to eye on natural resource management issues. The 
reauthorization of the Magnuson Act, however, proved to be a departure 
from the norm.
  Last year, we worked together to pass a strong, bipartisan bill that 
had broad support from the fishing industry, the environmental 
community, and the administration. We passed that bill by a 10-to-1 
margin, and then waited for the other body to act so that we could work 
out our differences in conference.
  As everyone knows, it has been a long wait. In fact, it took a year 
for the bill to finally be returned to us last week. To no one's 
surprise, it was returned in a much altered state. Even worse, the 
legislation has been presented to us, in the closing days of the 
Congress, as a take it or leave it proposition. Members in the other 
body flatly stated that ``Any unilateral changes to the legislation by 
the House would be the death knell to the bill.'' So, we are given a 
choice between this bill, which ignores many of the provisions 
overwhelmingly supported by the Members of this body, or no bill, which 
would allow the overfishing that now plagues many of our fisheries to 
continue.
  There are provisions in this bill that improve on the status quo of 
fisheries management, including measures to

[[Page H11441]]

address overfishing, habitat protection, and Fishery Management Council 
reform.
  There are, however, also many provisions that are bad for the fish 
and bad for the fishing communities. The result is a bill that comes 
with qualified support: This is the best we are going to get.
  In fact, it is difficult to find strong support for the bill. Many in 
the industry have concerns about the bill. Fishermen and fish 
processors from California, who were strong supporters of the House-
passed bill, have told me they would prefer no bill to the enactment of 
S. 39. The environmental community's support is generally qualified and 
hardly overwhelming, and many Members in this body retain concerns 
about provisions that were added without debate or the knowledge of 
those most affected in the industry.
  Let me mention several provisions of concern to me that were never 
debated in the House at all, or where the House position was 
essentially ignored in S. 39.


        buying back a public resource at the taxpayers' expense

  S. 39 authorizes the Secretary to buy back fishing permits in 
biologically depressed fisheries as a means of reducing fishing effort. 
Those permits are issued for free or for a nominal administrative cost. 
As a result of this Senate provision, the taxpayer could be paying to 
reclaim a permit--issued for free--when the industry itself was 
responsible for the decline of the stocks. Given that there are already 
administrative and regulatory methods for reclaiming permits, this 
provision establishes an unnecessary precedent whereby Government would 
compensate industry for conservation measures necessary to restore a 
public natural resource.


          protection for fishing communities has been ignored

  The House bill contained important measures to protect small family 
fishermen. S. 39 turns these protections on their head, defining 
fishing communities far too broadly. Some have gone as far as to 
suggest that the provisions in the Senate bill are actually worse than 
the status quo for the small fishermen, and would prefer to see the 
provisions stricken altogether.


            the give away of a public resource will continue

  The House bill contained clear provisions to prevent the sale for 
private profit of individual fishing quotas issued for free. While S. 
39 includes a moratorium on new quota programs, it does nothing to 
address the continued give away that will occur when the moratorium is 
over. This is bad for the taxpayer and bad for the small fishermen who 
will be unable to compete with large, corporate interests. The result 
will be a rip-off of the taxpayers, and the continued concentration of 
the fishing industry into the hands of those who can pay the most.


                                whaling

  Under long established domestic law, foreign nations wishing to fish 
in U.S. waters are prohibited from doing so, or are penalized, if they 
are out of compliance with the International Whaling Commission [IWC]. 
This bill would allow countries that wish to fish in the waters of U.S. 
Pacific Insular Areas to do so regardless of whether they comply with 
the IWC. Let us be clear about what this means: Japan, which 
consistently flaunts IWC policies for protecting whales, will now be 
permitted to fish for tuna and other valuable fisheries in the waters 
off United States territories. Once again, we are told that those who 
ignore not only our environmental protection policies, but those 
subscribed to by dozens of other nations as well, will be granted 
special privileges in trade and economic relations.


                                bycatch

  At the beginning of this debate, bycatch reduction was identified as 
a top priority for environmentalists, industry, and the chairman, Mr. 
Young. To that end, the House passed a bill mandating strong bycatch 
reduction measures. S. 39 weakened those provisions.
  Mr. Speaker, it should come as no surprise to the other body that we 
have concerns about these and other provisions in the bill. House staff 
from both parties made every effort to convey these concerns to their 
Senate counterparts, but the majority of our concerns were dismissed as 
being outside the brokered Senate deal, or simply were not addressed.
  It is unlikely that the Senate is going to comprehend the message 
that the House must be granted a coequal role in preparing legislation 
that affects our constituents if we simply roll over and play dead when 
presented with an ultimatum. This bill is just not good enough. We were 
consulted little in its drafting, and our concerns were ignored. There 
are legitimate problems in the way it affects coastal communities, the 
environment, marine mammal protection, and the taxpayers.
  At some point, when we are told--with our backs to the legislative 
wall--``This is a take-it-or-leave-it offer''--the House will have to 
find the courage to leave it, and hope that by standing up for our 
institution and for our constituents, we improve the likelihood for 
better legislation. Unfortunately, that was not done in this case, and 
so I cannot support either this legislation or the process that 
produced it.

                              {time}  1100

  Mr. Speaker, the gentleman from Alaska and the gentleman from 
Massachusetts have worked hard on this legislation, and I have enjoyed 
working with them on this matter along with the gentleman from New 
Jersey [Mr. Saxton].
  Finally, let me just say that this is probably the last bill I will 
work on with the gentleman from Massachusetts [Mr. Studds]. His service 
in this Congress has become synonymous with concern about our oceans, 
about our fisheries, about the fishermen and their families. His 
efforts over the years have provided many improvements not only to the 
environment, to the habitat, to the fisheries but to those families. He 
has tried his darnedest to see whether or not we could sustain those 
families in this endeavor, to sustain an American fishing industry, to 
sustain what it means to the culture of many of these people, to our 
communities and to regions of this country.
  I thank him for that, because this was a shambles before he got 
involved and the devastation would have continued without his 
involvement. I thank him for that effort. I also thank him for his 
service in this Congress. As many have said already on this floor, he 
is clearly one of our brightest, most articulate and committed Members 
to ever serve in this House. It has been a pleasure that I have been 
able to serve so many years with him and I thank him for his public 
service.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield 5 minutes to the gentleman 
from Maine [Mr. Longley], a great committee member.
  Mr. LONGLEY. Mr. Speaker, I want to thank Chairman Young and Chairman 
Saxton of the Subcommittee on Fisheries, Wildlife and Oceans. In every 
single instance on matters pertaining to fisheries in Maine, the waters 
off the State of Maine, in the gulf of Maine, they have been extremely 
supportive of issues of concern to us.
  I also want to thank the gentleman from Massachusetts [Mr. Studds]. 
It has been a pleasure to work with him again on issues relating to 
fisheries.
  I have to say honestly from the standpoint of Maine, we are very 
pleased with the provisions of the legislation that are now before us. 
That is not to say that we could not have hoped for something better, 
but on a very practical and fundamental level, we feel comfortable that 
we have made important changes to the Magnuson Act which will enhance 
the fisheries off the coast of Maine.
  Specifically, two issues that we think are improvements are improved 
language relating to the consideration of habitat, in the evaluation of 
each fishery, as well as provisions relating to bycatch.
  In an effort to be practical with respect to the actual difficulties 
that the fishermen experience in attempting to harvest their resource, 
we are particularly pleased at the incorporation of the bulk buyout 
program. We believe that this is a concrete, positive step in the 
direction of reducing fishing vessel capacity in limited-access 
fisheries that will allow for better conservation of the resource over 
the long term.
  Some other provisions of the legislation that have particular benefit 
to the

[[Page H11442]]

State of Maine include a change in jurisdiction relative to pockets of 
Federal waters that are surrounded on three sides by State water. In 
this case, in certain situations we will be seeing the State assert 
more jurisdiction over Federal waters off the coast of Maine.
  This is particularly important because, as I visited the fishing 
ports along the coast of Maine, one point has become abundantly clear, 
and that is, to the extent that the State officials and the fishermen 
on the State level have had an enhanced ability to act in the 
management of and control of the resource, generally those resources 
are doing significantly better than the resources that are being 
managed federally.
  Again, that is not to suggest that one jurisdiction has any greater 
or solitary responsibility as opposed to any of the others. Each 
jurisdiction must work hand in hand with each other. But again, as I 
said, by favoring State jurisdiction over waters that potentially could 
be in either Federal or State jurisdiction, I believe that we are 
acting to protect the resources off the coast of Maine.
  Furthermore, there is a provision in the bill that is going to allow 
the continuation of the practice of transporting herring at sea by 
Maine harvesters. Again, given the fluctuation in harvest with the 
seasons and the location of the herring, this is an important 
consideration both for herring fishermen as well as for those who are 
concerned with bait.
  Finally, there is a provision that I think we should all be ecstatic 
about, and that is, there has been a practice that has developed in 
Federal waters off the coast of Maine for a number of years where 
dragging for lobsters has occurred, and that is to say that fishing has 
not occurred in the traditional method of lobster pot but in the manner 
of a wholesale destruction of the floor of the ocean.
  Senator Snowe's amendment to the bill, which I think is a singular 
accomplishment, will restrict dragging for lobsters off the coast of 
Maine. This is going to help protect Maine's lobster fishery by 
restricting this wasteful and destructive practice.
  Furthermore, her amendment is going to require the National Academy 
of Sciences to conduct independent peer review on the science on which 
the management of New England groundfish fishery is based.
  As we all know, amendment 7 is having and is going to continue to 
have an enormous impact on thousands of Maine and New England fishing 
families. These small businesses deserve the reassurance of sound 
science before we restrict their livelihood. On balance, as I 
indicated, we are very pleased with the content of this legislation.
  I spoke this morning with Commissioner Robin Alden of the Maine 
Department of Marine Resources. She is very pleased that it is coming 
to the floor today. That is not to say that the legislation is perfect, 
but at least from the vantage of my State and my district, we have made 
a concrete, positive step forward in a direction that will help ensure 
the continuation of a valuable resource in a State that has a tradition 
of fishing off the oceans that goes back almost 390 years to when we 
were first settled in 1607 at Popham Beach.
  Again, Mr. Speaker, I appreciate the opportunity to address the 
provisions of this legislation. Again, I want to thank Chairman Young 
of the Resources Committee as well as Chairman Jim Saxton of the 
Subcommittee on Fisheries, Wildlife and Oceans for their extra efforts 
to pay attention to the issues that affect the fishermen off the coast 
of Maine and their consideration of these issues in this legislation.
  Mr. STUDDS. Mr. Speaker, I yield 2 minutes to the gentleman from New 
Jersey [Mr. Pallone].
  Mr. PALLONE. Mr. Speaker, I want to join the gentleman from 
California [Mr. Miller] and also the gentleman from Massachusetts [Mr. 
Studds] in expressing concern over the take it or leave it process that 
has been offered essentially by the Senate in bringing this bill to the 
floor.
  I believe, because there was no conference, there was no opportunity 
to negotiate, if you will, a compromise or conference bill, that is why 
there are many problems with this legislation, including the one that 
my colleague the gentleman from New Jersey [Mr. Saxton] mentioned with 
the definition of recreational fishermen.
  I just wanted to say on that topic that in my State, many of the 
recreational fishermen are very concerned about the definition. The 
term in the bill, recreational fishing, is defined as, ``fishing for 
sport or pleasure,'' and does not account for the importance of 
personal consumption nor the significance upon which sectors of the 
recreational fishing community sell, barter, or trade fish. For 
decades, fishermen of all social classes have engaged in these 
practices, which have not been shown to be deleterious to fisheries 
resources.
  I am very pleased to see the colloquy that the chairman and the 
gentleman from New Jersey [Mr. Saxton] entered into basically making it 
clear that it was not the intent of Congress to exclude these 
fundamental historical characteristics of the recreational fishing 
industry. I hope that NMFS, or the National Marine Fisheries Service, 
gets it.
  What the fishermen are afraid of is that when we do allocations, they 
will not get their quota, that the recreational guys will be told, 
``You can just catch and release, you can't keep your fish.'' But I 
think that that colloquy between the gentleman from New Jersey [Mr. 
Saxton] and the gentleman from Alaska [Mr. Young] hopefully will put 
that to rest.
  If anybody from NMFS comes to me at some point in the future in their 
rulemaking and says that we are going to somehow negatively impact 
recreational fishermen because of that definition, I will go back to 
that colloquy that was entered into today.
  I also want to point out that I will be cosponsoring, I mentioned to 
the gentleman from New Jersey [Mr. Saxton], the legislation that he 
plans to introduce in the next session that will ensure that national 
policy clearly acknowledges all the elements of recreational fishing 
with a more appropriate definition.
  The SPEAKER pro tempore (Mr. Kingston). The time of the gentleman 
from New Jersey, [Mr. Pallone] has expired.
  Mr. PALLONE. Lastly, I wanted to say something about the gentleman 
from Massachusetts [Mr. Studds]. He would probably appreciate it if I 
sat down, anyway. So with that I will say thank you for everything, 
Gerry, and I will sit down.
  Mr. STUDDS. No greater commendation than silence. Mr. Speaker, I 
thank the gentleman, it was a very clever ploy, but it did not work.
  Mr. Speaker, I yield 2 minutes to the distinguished gentleman from 
Guam [Mr. Underwood].
  Mr. UNDERWOOD. I thank the gentleman for yielding me the time.
  Mr. Speaker, I want to get my congratulations in early so I will not 
have to ask for more time. Congratulations for all your fine work, Mr. 
Studds.
  Mr. Speaker, I am pleased to rise in support of the Senate's version 
of the Sustainable Fisheries Act. This legislation contains important 
provisions which would authorize the Secretary of State to institute 
Pacific insular area fisheries agreements at the request of and with 
the concurrence of the Governors of the affected Pacific insular areas.
  The inclusion of these provisions is the culmination of efforts which 
started when the Governors met with the Department of the Interior and 
other Federal agencies to draft legislation which would allow for the 
responsible development of fisheries resources in the Pacific.
  I am pleased to note that the other body has included provisions 
which were part of my original legislation, H.R. 2369, introduced last 
year, and this element includes an important recognition of the growing 
role of Pacific territories over their exclusive economic zone.
  Under this legislation, fees from these fisheries agreements would be 
covered over into the Treasury of the insular area from where the fees 
were collected. Fees may be charged to foreign fishing vessels that 
wish to take advantage of the Pacific fisheries agreements under this 
bill.
  It is our understanding that the legislative intent is not to limit 
the foreign fishing fees to correspond directly to the fees charged by 
the United States or to be specific to a single nation but, rather, to 
give us a mechanism for charging such fees in a manner similar to 
current agreements with

[[Page H11443]]

foreign nations. This provision will level the playing field between 
American and foreign fishing vessels in the Pacific.
  It is also our understanding that the legislative intent is to give 
maximum flexibility to the Secretary of State in interpreting 
appropriate reciprocal agreements.
  I would like to thank the gentleman from Massachusetts [Mr. Studds] 
and the gentleman from Alaska [Mr. Young] for their fine work on this 
legislation.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield 2 minutes to the gentleman 
from Maryland [Mr. Gilchrest].
  Mr. GILCHREST. I thank the chairman for yielding me this time.
  Mr. Speaker, I think this has been a very positive exercise for this 
body, the House of Representatives, to go through and understand the 
nature and importance of the marine ecosystems, the world's oceans and 
especially the coastal waters of the United States in order to sustain 
the fishing stock which is necessary for so many livelihoods and so 
many people that depend on that type of food source.
  There are three very important elements that I think have occurred in 
this legislation that survived in the House, that survived in the 
Senate, and that survived in the conference. Those three very important 
provisions are the habitat provisions, the bycatch provisions and the 
optimum yield provisions.
  The habitat provision. If we did not include those into the 
legislation, even if we had all of the best regulations concerning the 
coastal fisheries possible, we could still lose, without protecting the 
habitat where the fish spawn, 75 percent of the commercial caught fish. 
We have solved that problem.
  The next one, if we are going to have some type of efficiency built 
into the bycatch provision, if we do not have some type of protection 
built into the bycatch provision, we were catching and throwing away 10 
fish for every targeted fish we were keeping. So the bycatch provisions 
in this legislation practically eliminates that and works to bringing 
that down to zero.
  The last one is the optimum yield provision which I think is one of 
the most important. If we do not have any understanding as to the data 
of the health of the fish stock, how do we know how to allocate those 
fish stocks to each fisherman?

                              {time}  1115

  The scientific data collected now to determine the health of the 
efficient stocks is to be calculated into the allocation and the quota 
to each fisherman. Sustaining the marine ecosystem in this way, this 
piece of legislation goes a long way into accomplishing that task.
  I want to thank the gentleman from Massachusetts [Mr. Studds], and 
wish him well in his future endeavors, and thank the gentleman from 
Alaska [Mr. Young], for all the work he has done. I encourage people to 
vote for the conference report.
  Mr. STUDDS. Mr. Speaker, I yield 2 minutes to the distinguished 
gentlewoman from Oregon [Ms. Furse].
  Ms. FURSE. Mr. Speaker, in my first Congress I served on the Merchant 
Marine and Fisheries Committee. Chairman Studds demonstrated that under 
his leadership it was possible to legislate in a manner that puts the 
public interest first, rather than the personal interest. That is a 
rare talent, indeed.
  His quick wit and humor are far too rare in this body and will be 
sorely missed. His ability to craft bipartisan compromise is something 
we should all learn. But most of all, Gerry has become a very dear 
friend to me. He has greatly brightened my years in this Congress, and 
I will miss him sorely.
  Unfortunately, I must also today rise in reluctant opposition to this 
bill. When we considered the House version a year ago, I was an 
enthusiastic supporter of the legislation, but, unfortunately, because 
of the Senate's failure to act on this issue until this final hour, we 
are forced to accept an inferior bill. There are a number of provisions 
which I find objectionable, but I will list just two.
  First, the Senate bill removes the safeguards for coastal 
communities, and those small coastal communities that are up and down 
my district are often economically dependent on the bounty of the 
fishery resource. They must be taken into account when fishery 
regulations are developed. I do not think this bill does that.
  Second, the Senate bill attempts to limit public participation in 
council proceedings. For example, a fisherman writing a letter to a 
council who does not provide complete documentation for his views could 
be subject to a $100,000 fine.
  Now, that is absurd. We need more input, not less.
  It is a shame that this bill is not what it could or should have 
been, and I must reluctantly conclude that no bill is better than this 
second-rate Senate bill.
  Mr. STUDDS. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from California [Mr. Farr].
  Mr. FARR of California. Mr. Speaker, I thank the gentleman for 
yielding me time.
  I rise in support of this bill. This bill passed out of this body 
last October. I regret that some of the strong provisions in the House 
bill were watered down in the Senate. However, the bill still retains 
many of the strongest provisions of the House-passed bill, particularly 
that which we just heard from Congressman Wayne Gilchrest, the optimum 
sustained yield standard. Is it is a remarkably strong standard we 
ought to have in law. The second is the fish habitat protections. In 
balance it is a good bill, and I commend the authors for their 
leadership and urge an ``aye'' vote.
  While I am here, I would like for a moment to just talk about the 
fact that this is perhaps Congressman Studds' last appearance on the 
floor, and I think it would be remiss if we did not recognize that 
history is going to be very kind to this man in his service to this 
Nation. As former chairman of the Merchant Marine and Fisheries 
Committee and now, I guess, chairman emeritus, he was able to do some 
remarkable things. One of them was that he authored legislation to make 
oil companies liable for their spills.
  He created the Studds-Magnuson Act which extended the 200-mile limit 
to our coastal zone. When you think about it, that is the largest 
acquisition of land without any price paid for it and without a shot 
fired. It was bigger than the Louisiana Purchase, and it now allows us 
to govern out to 200 miles from our shorelines all around the United 
States and its territory islands.
  He also is famous, I think, for starting remarkable town hall 
meetings. Everybody knows his meetings in Massachusetts kind of set the 
stage for how we should all conduct our meetings at home.
  To pay the greatest tribute to him, I think because he was involved 
with so many fishermen of Portuguese descent in this committee, he went 
out and learned Portuguese.
  He has done many great things as chairman, and we are going to sadly 
miss him. This bill and the marine sanctuary bill are a real tribute to 
his years in Congress. We look forward to having many years of 
friendship with him after he is gone.
  Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that each 
side have 5 additional minutes.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alaska?
  There was no objection.
  Mr. STUDDS. Mr. Speaker, I yield 2 minutes to my distinguished 
colleague, the gentleman from Massachusetts [Mr. Frank].
  Mr. FRANK of Massachusetts. Mr. Speaker, I join my enormous 
admiration for my colleague from Massachusetts with my disappointment 
at the bill he has been put, against his will, in the position of 
supporting. I acknowledge also that the gentleman from Alaska, who has 
been unfailingly courteous to other Members, also was put in an 
uncomfortable position.
  There is a lot of good work in this bill and I wish we had back the 
bill these two gentlemen brought forward. But in a development that 
will undoubtedly astound people, the United States Senate did not do 
what we all wished they would do, namely, keep a good bill.
  One of the things they have added, quite surprisingly in this 
climate, is a new tax, in effect, on fishermen, because this bill says 
that under the new central lien registry fishermen will involuntarily 
be assessed one-half of 1

[[Page H11444]]

percent of the value of their permits. We are not sure what the permits 
are, but this is going to go to fishermen who are struggling now, 
trying to make a living, and take more money from them to finance 
government activities.
  This is an assessment on the fishermen that will be indistinguishable 
to them when they have to pay it from any other tax. It is an error. I 
hope we will have a chance, and I will vote against this bill because 
of it in part, but I hope we have a chance to revisit it in the future. 
There are ambiguities because permits are not valued here.
  I also oppose the lobster bycatch restrictions. We have State 
authority here. Again, it seems to me somewhat unusual that the Senate 
would disregard States' rights and impose nationally through 
legislation rules which are fully within the competence of States to 
deal with and which, at least in the case of Massachusetts, States have 
already dealt with.
  I welcome the inclusion of peer review, because I think there has 
been an error with regards to further restrictions. I think amendment 7 
in New England goes much further than necessary, when amendment 5 is 
working. I welcome the improvements there. But I do not welcome the 
additional tax, I do not welcome the intrusion into what could be a 
State matter, and I very much regret the Senate has ruined a good bill.
  Mr. STUDDS. Mr. Speaker, I yield one minute to the gentleman from 
Maine [Mr. Baldacci].
  Mr. BALDACCI. Mr. Speaker, first I would like to commend the chairman 
emeritus of the committee, the gentleman from Massachusetts, Gerry 
Studds, for his leadership over his course of history here in the U.S. 
Congress, because certainly our fisheries in Maine and Massachusetts 
and elsewhere have been well served through his leadership.
  I would also like to thank the gentleman from Alaska [Mr. Young] for 
indulging us in some additional time on a very important issue, 
especially as it pertains to Maine.
  I would like to stand in support of this legislation, recognizing 
that everything is not going to be perfect and we are not all going to 
get what we all would like to get, that there is more here to be gained 
I think for the fisheries, for fishery management, for our lobster 
resources and for the fishermen. I think those are the important people 
that we have to recognize and serve.
  Here in Maine, we are going to be well served by this legislation, 
because it is going to conserve our lobster resources, it is going to 
protect our ground fish, and it is going to continue the boat buyback 
program which has been started by the Department of Commerce. I would 
like to commend them for their work, working with the State and working 
with the fishermen, because I think we are moving in the right 
direction, and it will be supportive of this legislation.
  Mr. STUDDS. Mr. Speaker, I yield 2 minutes to the distinguished dean 
of the House, the gentleman from Michigan [Mr. Dingell].
  (Mr. DINGELL asked and was given permission to revise and extend his 
remarks.)
  Mr. DINGELL. Mr. Speaker, this is a good bill and I urge my 
colleagues to support it.
  Mr. Speaker, I want to pay tribute to two men. First, the 
distinguished chairman of the committee, my friend from Alaska, Don 
Young, with whom I have served over the years on other committees and 
in other places and with whom I have done some great work. I have 
enormous respect and affection for him, and I wish to salute him at 
this time.
  I also wish to pay tribute to my distinguished friend and colleague 
from Massachusetts, Gerry Studds. I have served with him on the 
Merchant Marine and Fisheries Committee earlier in happier days. I also 
have had the pleasure of serving with him on the Committee on Commerce, 
in which capacity he has been an extraordinarily competent, dedicated 
and decent man.
  I want to praise him for the hard work he has done in the area of the 
environment, in the area of conservation, and to note that milestone 
legislation in the whole area of conservation bears his name and his 
imprimatur. Superfund legislation on proposals relating to 
conservation, fish and wildlife, things like the endangered species, 
ocean dumping, marine mammals protective legislation, and National 
Environmental Policy Act, are pieces of legislation which bear the 
imprint of his hand, his wisdom and his character.
  We are grateful to him for what he has done in these area. The people 
that he has served so well in the Cape Cod, Massachusetts area, have 
reason to be grateful to him for his interest in fisheries and natural 
resources, for the splendid programs that he has pushed, not only to 
protect fishery resources, but for the constituent service which he has 
given, and for the concern he has had about them, about the people of 
the country, about the environment, about the future of this Nation, 
and about the general things that are so important to quality of life 
to the people of this country.
  He has been a valuable member of the Committee on Commerce, and I 
will personally miss him. The committee will miss his wisdom, his 
superb service, and his diligence. We will also miss his sense of humor 
and the good will and good spirit with which he approaches legislation 
and the problems of this place.
  I express to him my warm good wishes for great happiness and success 
in his future undertakings. I will miss him, and the lovely Deborah, my 
wife, joins in expressing to him our joint wishes for happiness, 
success, and long life.
  Mr. STUDDS. Mr. Speaker, I yield myself a minute just to acknowledge 
with deep appreciation and, believe it or not, humility, for the very 
kind remarks of the dean of the House. In fairness, many of the 
statutes for which he gave me credit bear his name.
  May I finally just say what a pleasure it has been to serve with him 
and my friend from Alaska and all of my colleagues here, almost all of 
them, and leave you with one thing I heard at one point.
  Long before I served in this Congress, a very dear friend of mine had 
a grandfather who was a very senior Republican Member of Congress. 
Once, after a couple of drinks, he looked at me and he said, ``Young 
man, remember Rule 6. Rule 6 is don't take yourself too seriously, and 
there are no other rules.''
  Mr. Speaker, I thank my colleagues for a magnificent 24 years, and I 
yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I was sitting here listening to the gentleman from 
Michigan, the dean of the House [Mr. Dingell], give his compliments for 
my good friend, the gentleman from Massachusetts, and I cannot echo 
those words enough. I can assure him as one that has been the author 
and the worker of the Magnuson Act, and the gentleman from California 
[Mr. Miller], I want them both to be aware that I have not left this 
subject. As I mentioned, we have reviewed this three times.
  I will cherish the advice that the gentleman from Massachusetts [Mr. 
Studds] can give me on this issue as he goes into another life. We have 
modern communications today, far exceed that which we had in the past. 
As a friend, I expect him to keep in contact with me on issues that he 
thinks are important to the sea.
  The gentleman from California himself brought up some issues that I 
believe very strongly in. I happen to think that the issuance of an 
IDQ, or IFQ, and then creating a great value of it, to be sold for 
wealth, is very wrong, and it is wrong to accumulate a massive amount, 
creating a monopoly. We are going to continue to address those issues 
as the future unfolds as far as our seas go.
  I would like to say, Mr. Speaker, to my friends in the House, I would 
like to extend our interest in the oceans beyond the 200 miles. We 
sometimes concentrate, because fishermen vote and fishermen are very 
vocal and they are probably the hardest group in the world to 
represent, but I would like to extend our interest concerning what 
effect is going on beyond the 200 miles.

                              {time}  1130

  Because the key to our survival in this Nation today and all nations 
in this world is a healthy, providing ocean. If it is unhealthy, it 
does not provide. If it does not provide, I do not think any nation can 
survive. Someone

[[Page H11445]]

who may live in the middle of our great Nation or the middle of Russia 
or the middle of India or the middle of China may say, what has that 
got to do with me? All of our food cycle chain and all of our wealth 
eventually is created from the sea.
  So I am going to suggest in the future, if I have anything to do with 
it, with the gentleman from California [Mr. Miller], that we extend not 
only beyond the 200 miles, I mean brought within the 200 miles, to be 
beyond the 200 miles, internationally trying to come to grips with, are 
the seas healthy, are the species healthy, have we done something 
wrong, have the death curtains been eliminated, what should we be 
doing, not impinging upon people's rights but how do we prevail in 
maintaining a healthy sea.
   Mr. Speaker, again, in closing, I can suggest that those who have 
worked with me over the years on these issues, the ocean, I deeply 
appreciate their friendship and especially their dedication. The staffs 
that have been working with the gentleman from Massachusetts [Mr. 
Studds] are exceptionally good. We will continue to overview and to 
watch the great oceans that surround our shores.
  Mr. GOSS. Mr. Speaker, I am pleased that today we will send S. 39, 
the Sustainable Fisheries Act, to the President. The bill before us is 
the result of a long process--it was almost a year ago that the House 
passed H.R. 39, the basis for the bill we're debating today. H.R. 39 
was carefully crafted to limit over-fishing, rebuild depleted stocks of 
fish, reduce bycatch and protect our marine resources.
  Of particular concern to me is the bycatch issue--when sea turtles, 
red snapper, and other nontargeted species get caught and die in 
fishing nets. During consideration of the Magnuson reauthorization 
bill, the House adopted an amendment I offered to address this issue.
  It is clear that the delicate balance between protecting our marine 
resources and encouraging industry has been maintained in this bill.
  Mr. Speaker, this bill is slightly different than the House-passed 
bill, but on the whole, it is a responsible step forward and an 
environmentally sound bill. Reauthorization of the Magnuson Act is long 
overdue. I strongly urge my colleagues to support passage of S. 39.
  Mr. RIGGS. Mr. Speaker, I first want to thank my colleague from 
Alaska, the chairman of the committee, for his work on this bill. As 
the representative of a coastal district, I appreciate the difficulties 
and complexities you faced in crafting legislation in the face of such 
diverse and complicated fishing interests.
  As you know, the reauthorization of the Magnuson Act is crucial to 
continuing the sound management of our Nation's fishery resources. 
Responsible fishing practices are necessary for protecting our nation's 
essential fishery habitat.
  Last October, the House completed work on the Magnuson Act. The bill 
we sent the other body was a good bill that went a long way to restore 
the health of our fisheries.
  However, it was not until last week that the Senate completed work on 
this bill and sent it to the House for final consideration. Obviously 
with only a few days left in the session, our options are limited and 
the opportunity to amend it is nonexistent. This has left me and many 
of my colleagues with a difficult choice. Either pass the bill in its 
current form, as watered down as it is, or send it back to the Senate 
where it would surely die. With reservations I will support this bill, 
in the hope that when we return to Congress next year, further 
improvements can be made.
  I first want to point out that the Senate failed to adequately 
address the interests of small coastal fishing communities in the 
version delivered to the House.
  Second, while the House addressed the windfall profit aspect 
associated with ITQS, the Senate bill falls silent. In addition, the 
Senate bill does not prohibit the development of ITQS through the 
moratorium period and does not prohibit ITQS from being placed in 
perpetuity.
  Third, limited access schemes included in the bill may require permit 
holders to register their permits with a lien registry and pay a fee 
every time the permit is transferred.
  I am concerned regarding provisions in the bill that may give the 
Secretary of Commerce the ability to impose a limited access plan, 
including ITQS, at his discretion, on any fishery that is not currently 
managed by a regional fishery management plan.
  My last point is of special concern to many of my constituents. The 
Senate bill obscures the fishing community language by including the 
home ports of the distant water, corporately held, factory trawlers 
under the definition of ``community-based fleets.'' The House bill 
gives consideration of local, community-based fleets and protects the 
interests of the historic, generation after generation family 
fishermen.
  As I stated previously, while I have very real concerns and 
reservations regarding this bill, I will vote for final passage to 
further the process of protecting our Nation's fisheries.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Kingston). The question is on the motion 
offered by the gentleman from Alaska [Mr. Young] that the House suspend 
the rules and pass the Senate bill, S. 39.
  The question was taken.
  Mr. MILLER of California. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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